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Drupal\\entity_embed\\Plugin\\Filter\\EntityEmbedFilter->process('<dl class="ckeditor-accordion"><dt>14.01 General Provisions</dt>
<dd>
Part 1
General Provisions
Sections:
<strong> </strong><strong>14.01.010 Title.</strong>
<strong> 14.01.020 Short Title.</strong>
<strong> 14.01.030 Purpose.</strong>
<strong> 14.01.040 Authority.</strong>
<strong> 14.01.050 Jurisdiction.</strong>
<strong> 14.01.060 Interpretation.</strong>
<strong> 14.01.070 Applicability of Title.</strong>
<strong> 14.01.080 Relationship to Existing Ordinances.</strong>
<strong> 14.01.090 Relationship to Comprehensive Plan.</strong>
<strong> 14.01.100 Fees.</strong>
<strong> 14.01.110 Application Regulations.</strong>
<strong> 14.01.120 Vested Property Rights.</strong>
<strong> 14.01.130 Changes and Amendments.</strong>
<strong> 14.01.140 Administration and Enforcement. </strong>
<strong> 14.01.150 Violation and Enforcement of Title. </strong>
<strong> 14.01.160 Certificate of Occupancy.</strong>
<strong> 14.01.170 Building Permits.</strong>
<strong> 14.01.180 Notice, Hearing and Orders.</strong>
<strong> 14.01.190 Board of Zoning Adjustment.</strong>
<strong> 14.01.200 Penalties.</strong>
<strong> 14.01.210 Severability.</strong>
Part 2
Definitions
Sections:
<strong> 14.01.220 General Interpretation.</strong>
<strong> 14.01.230 Definitions.</strong>
Part 1
General Provisions
<strong> </strong><strong>14.01.010 Title.</strong>
The Ordinances codified in this Title 14 establishes the regulations and standards governing the use and development of land within the Town. Included are provisions for the annexation, subdivision and zoning of land, as well as the administrative procedures governing the submission of applications, administrative and public reviews, and appeals. Also included are Town standards for site design, landscaping, parking and public infrastructure.
(Municipal Code Codification 2022)
<strong>14.01.020 Short Title.</strong>
The Ordinance codified in this Title 14 and the Official Zoning District Map, shall be known and cited as the “Town of Dinosaur Land Use Regulations.”
(Ord. 60, Art. I, §101.1, 1983)
<strong> </strong><strong>14.01.030 Purpose.</strong>
The regulations in this Title shall be for the purpose of promoting the health, safety, convenience, order, prosperity and welfare of the present and future inhabitants of the Town of Dinosaur, Colorado.
(Ord. 60, Art. I, §102.1, 1983)
<strong>14.01.040 Authority.</strong>
This Title is authorized by Sections 31-23-101 et. seq., C.R.S.; Sections 29-20-101 et. seq., C.R.S. and Sections 24-65-101 et. seq., C.R.S.
(Municipal Code Codification 2022)
<strong>14.01.050 Jurisdiction.</strong>
These Regulations shall apply to all land and all land uses within the municipal boundaries of the Town of Dinosaur, Colorado.
(Municipal Code Codification 2022)
<strong>14.01.060 Interpretation.</strong>
In their interpretation and application, the provisions of this Title shall be held to be minimum requirements for the promotion of the public health, safety and welfare. Whenever the requirements of this Code are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the more restrictive or that imposing the higher standards shall govern.
(Municipal Code Codification 2022)
<strong>14.01.070 Applicability of Title.</strong>
A. The provisions of the Town Land Use Code shall apply to any and all development of land within the municipal boundaries of the Town, unless expressly and specifically exempted or provided otherwise in this Code. No development shall be undertaken without prior and proper approval or authorization pursuant to the terms of this Code. All development shall comply with the applicable terms, conditions, requirements, standards and procedures established in this Code.
(Municipal Code Codification 2022)
B. Except as herein provided, no building, structure or land shall be used and no building or structure or part thereof shall be erected, constructed, reconstructed, altered, repaired, moved or structurally altered except in conformance with the regulations herein specified for the zone district in which it is located, nor shall a yard, lot or open space be reduced in dimensions or area to an amount less than the minimum requirements set forth herein. Whenever both the provisions of this Code and provisions of any other law cover the same subject matter, whichever rule is more restrictive shall govern.
(Municipal Code Codification 2022)
C. This Code establishes procedural and substantive rules for obtaining the necessary approval to develop land and construct buildings and structures. Development applications will be reviewed for compliance with the Town Comprehensive Plan and with adopted regulations, policies and other guidelines.
(Municipal Code Codification 2022)
<strong>14.01.080 Relationship to Existing Ordinances.</strong><strong> </strong>
All ordinances or resolutions or motions of the Town Council of the Town or parts thereof in conflict with this Code are to the extent of such conflict hereby superseded and repealed, provided that no such repealer shall repeal the repealer clauses of such ordinance, resolution or motion, nor revive any ordinance, resolution or motion thereby. The adoption of this Code shall not adversely affect the Town’s right to seek remedies for any violation of previous ordinances that occurred while those ordinances were in effect.
(Municipal Code Codification 2022)
<strong> </strong><strong>14.01.090 Relationship to Comprehensive Plan.</strong>
It is the intention of the Town that this Code implement the planning policies adopted in the Town Comprehensive Plan (“Comprehensive Plan”) for the Town and its extraterritorial planning area. While this relationship is reaffirmed, it is the intent of the Town that neither this Code nor any amendment to it may be challenged on the basis of any alleged nonconformity with the Comprehensive Plan.
(Municipal Code Codification 2022)
A. Requirement for Comprehensive Plan Amendment. Where a development proposal would be in substantial conflict with the Comprehensive Plan, an amendment to the Comprehensive Plan will be required prior to any zoning or subdivision approvals. A substantial conflict will exist when a development proposal would result in changes from the designations of the Town Comprehensive Plan. (Municipal Code Codification 2022)
B. Criteria for Evaluating Amendment Proposals. Amendments to the Comprehensive Plan resulting from development proposals under this Code shall be evaluated according to the criteria and procedure outlined in the Comprehensive Plan. (Municipal Code Codification 2022)
<strong>14.01.100 Fees.</strong>
Reasonable fees sufficient to cover the costs of administration, inspection, publication of notice and similar matters will be charged to applicants for permits, plat approvals, zoning amendments, variances and other administrative relief. The fee schedule will be adopted periodically by the Town Council by resolution and is available from the Town office.
(Municipal Code Codification 2022)
<strong>14.01.110 Application Regulations.</strong>
A. The provisions and regulations of this Title shall apply to the construction, alteration, extension, location, use and maintenance of all structures in the Town of Dinosaur; and it shall be unlawful for any person to construct, alter, extend, install, use or maintain a structure within the Town of Dinosaur except in compliance with this Title.
B. Existing Individual Non-Conforming Mobile Homes. Any mobile home presently legally parked on an individual lot not in conformity with this Title shall be considered a legal non-conforming structure. It may not be added to, nor materially improved and when moved may be replaced only by a structure which will comply with the then applicable ordinances and codes of the Town of Dinosaur. If it is unoccupied for six (6) consecutive months, it is no longer considered legal non-conforming, cannot again be occupied, and shall be removed from the property.
C. Existing Mobile Home Parks. All Mobile Home Parks and Travel Trailer Parks established after the passage of this Title, which are non-conforming as of the date of passage of this Title, shall be altered to conform to all provisions of this Title within one (1) year of the date of passage of this Title. All Mobile Home Parks and Travel Trailer Parks in existence prior to the passage of this Title shall not be subject to the provisions of the foregoing sentence, provided however, that upon the change of ownership of any such Mobile Home Park or Travel Trailer Park occasioned by sale, death or otherwise, shall be made to conform to the provisions of this Title at the time of any such change of ownership and shall not be operated until compliance with the Title.
(Ord. 60, Art. I, §103.1, 1983)
<strong>14.01.120 Vested Property Rights.</strong>
A. Purpose. The purpose of this Section is to provide the procedures necessary to implement the provisions of Article 68 of Title 24, C.R.S., as amended, which establishes a vested property right to undertake and complete development of real property under the terms and conditions of an approved site-specific development plan. No vested rights shall be created within the Town except through a site-specific development plan.
B. Definitions. As used in this Section, unless the context otherwise requires:
1. “Landowner” shall mean any owner of a legal or equitable interest in real property, and includes the heirs, successors, and assigns of such ownership interests.
2. “Property” means all real property subject to land use regulation by the Town.
3. “Site specific development plan” shall mean and be limited to the “final plat” of a subdivision or a “final site plan” of a PUD Planned Unit Development District (also known as a “final PUD development plan”) when approved by the Town Council by ordinance duly adopted.
4. “Vested property rights” shall mean the right to undertake and complete the development and use of property under the terms and conditions of a site-specific development plan.
C. Request for Site Specific Development Plan Approval. For those developments for which the landowner wishes the creation of vested property rights pursuant to Article 68 of Title 24, C.R.S., as amended, the landowner shall request the approval in writing at least thirty (30) days prior to the date said approval is to be considered. Failure of the landowner to request such an approval renders the plan not a “site specific development plan,” and no vested property rights shall be deemed to have been created.
D. Notice and Hearing. No site-specific development plan shall be approved until after a public hearing called for that purpose, preceded by notice of such hearing published as provided by law at least fourteen (14) days before the hearing. Such notice may, at the Town’s option, be combined with any other required notice. At such hearing, all interested persons shall have an opportunity to be heard.
E. Approval, Conditional Approval, Effective Date, Amendments, Referendum and Review.
1. A site-specific development plan shall be deemed approved upon the effective date of the ordinance granting final approval of the plan. The vested property right shall attach to and run with the applicable property and shall confer upon the landowner the right to undertake and complete the development and use of said property under the terms and conditions of the site-specific development plan including any amendments thereto.
2. The Town Council may approve a site-specific development plan upon such terms and conditions as may reasonably be necessary to protect the public health, safety and welfare. Such conditional approval will result in a vested property right, although failure to abide by such terms and conditions will result in a forfeiture of vested property rights.
3. In the event amendments to a site-specific development plan are 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 Town Council specifically finds to the contrary and incorporates such findings in its approval of the amendment.
4. The approval of vested property rights shall be subject to all rights of referendum and judicial review; except that the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of a notice to the general public of the site-specific development plan and creation of vested property rights.
F. Notice of Approval.
1. Each map, plat or site plan or other document constituting a site-specific development plan shall contain the following notice: “Approval of this plan may create a vested property right pursuant to Article 68 of Title 24, C.R.S., as amended.” Failure to contain this statement shall invalidate the creation of the vested property right.
2. In addition, the Town shall publish a notice describing generally the type and intensity of the use approved, the specific parcel or parcels of property affected and stating that a vested property right has been created. The notice 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 Town.
G. Duration of Vested Property Right. A property right which has been vested as provided herein shall remain vested for a period of three (3) years; except that the Town Council may, in their sole discretion, grant vested property rights for a longer period when warranted in light of all relevant circumstances, including but not limited to, the size and phasing of the development, economic cycles and market conditions. The vesting period shall not be extended by any amendments to a site-specific development plan unless expressly authorized by the Town Council in the ordinance approving such amendments.
H. Other Provisions Unaffected. Approval of a site-specific development plan shall not constitute an exemption or waiver of any other provisions of this Code pertaining to the development or use of property.
I. 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 all costs occasioned to the Town pertaining to such application, including but not limited to publication of notices, public hearing and review costs, county recording fees and review costs.
J. Limitations. Nothing in this Section 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 Section shall be deemed to be repealed, and the provisions hereof no longer effective.
(Municipal Code Codification 2022)
<strong> </strong><strong>14.01.130 Changes and Amendments.</strong>
A. Town Council May Adopt Changes. The Town Council may, on its own motion, or on petition of an interested property owner, amend, supplement, or change this Title or the Official Zoning Map. The adoption of any change to this Title or the Zoning Map shall require a four-fifths (4/5) favorable vote of the Town Council. (Ord. 60, Art. IX, §901.1, 1983; Amended Ord. 74, §6, 1990)
B. Public Notice of Change. Before any change to this Title or Zoning Map is enacted, a public hearing shall be held; fifteen (15) days advance notice of the time and place of which shall be published in a newspaper having general circulation within the Town of Dinosaur and indicated on Town’s website. (Ord. 60, Art. IX, §901.2, 1983)
C. Filing a Petition. A petition for a proposed amendment, supplement or change by a private property owner shall be filed with the Town Clerk. The petitioner shall supply the following information:
1. A map drawn to scale of not less than two hundred feet (200’) to the inch showing the land in question, its location, the length and direction of each boundary thereof, the location and existing use of all buildings on such land and the principal use of all properties within three hundred feet (300’) of such land.
2. The names and addresses of the owners of all properties within one hundred feet (100’) of any part of the land included in the proposed change.
(Ord. 60, Art. IX, §902.1, 1983)
D. Procedure. Before amending, supplementing, or changing this Title or the Official Zoning Map, the Town Council shall make such investigation and hold hearings as it deems appropriate, but in the case of an application for change in the Zoning Map, the Town Council shall hold at least one (1) public hearing, giving at least fifteen (15) days advance notice of the time and place of said hearing by mailing notice to all property owners within the proposed area of change and to all property owners within one hundred feet (100’) of said proposed area of change. For the purpose of this notice requirement, mailing to all affected property owners, as shown by the records of the Moffat County Assessor’s office, shall be deemed sufficient.
The Town Council may continue its hearing from date to date as it may deem necessary. Following the conclusion of its public hearing, the Town Council shall make a determination of whether or not the application for change in the Zoning Map shall be granted. When requested by any affected party, the Town shall make written findings of fact substantiating its decision. Any change to this Title or the Zoning Map shall be made by ordinance.
(Ord. 60, Art. IX, §902.2, 1983; Amended Ord. 74, §7, 1990)
<strong> </strong><strong>14.01.140 Administration and Enforcement.</strong><strong> </strong>
Except as otherwise provided, no land or structure, or part thereof, shall, after the effective date of this Title, be used, erected, altered, or moved unless in conformity with the provisions pertaining to the district in which it is located.
A. The provision of this Title shall be administered by the Zoning Enforcement Official and his authorized representatives.
B. The Zoning Enforcement Official and his authorized representatives are hereby empowered to conduct inspections as required by this Title. They shall possess the right to enter any premises for the purpose of making such inspections necessary to carry out their authorized duties.
C. No land or buildings, or part thereof, hereafter erected, moved, or structurally altered shall be used or occupied until the Zoning Enforcement Official or his authorized representative has issued a Certificate of Occupancy. Such certificate shall state that the land, building, or part thereof, is found to be in conformity with the provisions of this Title applicable to the district in which such land or building is located.
D. The powers of the Zoning Enforcement Official and his authorized representative to issue such permits and certificates as necessary shall also include the power to refuse issuance of these documents.
(Ord. 60, Art. I, §104.1, 1983)
<strong> </strong><strong>14.01.150 Violations and Enforcement of Title.</strong><strong> </strong>
A. Violations. It shall be a violation of this Title to undertake any of the following activities:
1. Activities Inconsistent with Code. Erecting, constructing, reconstructing, remodeling, altering, maintaining, expanding, moving, or using any building, structure, or sign, or to engage in development or subdivision of any land in contravention of any zoning, subdivision, sign, or other regulation of this Code, including all required approvals;
2. Land Disturbing Activities Inconsistent with Code. Excavating, grading, cutting, clearing, or undertaking any other land disturbance activity contrary to the provisions of this Code or without first obtaining all requisite land use approvals required by this Code or other applicable regulations;
3. Nonconforming Uses Inconsistent with Code. Creating, expanding, replacing; or changing a nonconforming use, structure, lot, or sign except in compliance with this Code;
4. Making Lots or Setbacks Nonconforming. Reducing or diminishing the lot area, setbacks, or open space below the minimum required by this Code;
5. Increasing Intensity of Use. Increasing the intensity of use of any land or structure, except in accordance with the procedural and substantive standards of this Code;
6. Activities Inconsistent with Permit. Engaging in any development, use, construction, remodeling, or other activity of any nature in any way inconsistent with the terms and conditions of any permit, approval, or other form of authorization required to engage in such activity; or
7. Activities Inconsistent with Conditions of Approval. Failure to comply with any terms, conditions, or limitations placed by the Town Council upon any final development plan, subdivision plat, permit, or other form of authorization.
B. Penalty for Violations. Any person, including but not limited to the officers and agents of a corporation responsible for its actions or inaction, and the partners or members of a partnership, firm or joint venture, either as owner, lessee, occupant, or otherwise, who violates or causes the violation of any of the provisions of this Code, shall be guilty of a separate offense for each and every day or portion thereof during which a violation is committed, permitted, or continues. Any person convicted of a violation shall be subject only to the fines provided for in Section 14.01.200 of this Chapter.
C. Civil Remedies and Enforcement Powers. In addition to criminal prosecution for violations, the code enforcement officer, Town Clerk or the Town Council shall have the following civil remedies and powers to enforce this Code:
1. Notice of Violation and Corrective Action Order.
a. Non-emergency Violations. In the case of violations of this Code that do not constitute an emergency or require immediate attention, written notice of the nature of the violation and required corrective action to be taken shall be given to the property owner, agent, occupant, or to the applicant for any relevant permit. Notice shall be given in person, by certified U.S. Mail (return receipt requested) or by posting notice on the premises. The notice shall specify the Code provisions allegedly in violation, and shall state that the individual has a period of fifteen (15) days from the date of the receipt of the notice in which to correct the alleged violations before further enforcement action shall be taken. The notice shall also state any appeal and/or variance procedures available pursuant to this Code.
b. Emergency Violations. In the case of violations of this Code that constitute an emergency as a result of safety or public concern, or violations that will create increased problems or costs if not remedied immediately, the Code Enforcement Officer, Town Clerk or Town Council may use the enforcement powers available under this Chapter without prior notice, but shall attempt to give notice simultaneously with beginning enforcement action or as soon thereafter as practicable. Notice may be provided to the property owner, agent, occupant, or to the applicant for any relevant permit.
c. Extension of Time for Correction. The Town Council may grant an extension of the time to cure an alleged violation, up to a total of ninety (90) days, if the Council finds that due to the nature of the alleged violation, it reasonably appears that it cannot be corrected within fifteen (15) days.
2. Deny/Withhold Permits. The Town Clerk or Building Official may deny and withhold all permits, certificates, or other forms of authorization to use or develop any land, structure, or improvements thereon until the alleged violation related to such property, use, or development is corrected. This provision shall apply whether or not the current owner or applicant for the permit is responsible for the violation.
Where a property owner, agent, or other person has a record of an outstanding serious violation or violations of this Code, the Town Clerk, Building Official and/or Town Council shall be authorized to deny or withhold all permits, certificates of occupancy, or other forms of authorization for any use or development activity undertaken by such person until the outstanding violation is corrected. This provision shall apply whether or not the property for which the permit or other approval is sought is the property in violation.
The denial or withholding of a permit by the Town Clerk or Building Official may be appealed to the Board of Adjustment as provided in Section 14.01.190 of this Code.
3. Revocation of Permits.
a. Public Hearing Required. The Town Council may revoke any development permit, building permit or other authorization, after notice and a public hearing.
b. Notice of Public Hearing. The public hearing on the revocation of a development permit, building permit or other authorization shall be conducted during a regular or special meeting of the Town Council not less than seven (7) days, nor more than fourteen (14) days from the date the notice of the hearing is given. Notice of hearing shall be deemed given to the owner, the owner’s agent or other person to whom the development permit was issued, upon deposit of said notice in the U.S. Mail, by certified mail, return receipt requested, addressed to the last known address of said person. Additional methods of service may also be utilized to give notice of the public hearing.
c. Findings. Following the public hearing, the Town Council upon a finding of the following, may revoke any development permit, building permit or other authorization:
i. There is a departure from the approved plans, specifications, or conditions of approval; or
ii. There is a violation of any provision of the Town Land Use Regulations; or
iii. The development permit was obtained by false representation; or
iv. The development permit was issued in error.
d. Notice of Revocation. Written notice of revocation shall be served upon the owner, the owner's agent, applicant, or other person to whom the permit was issued by certified mail, return receipt requested, or such notice may be posted in a prominent location at the place of the violation. No work or construction or use of the property shall proceed after service of the revocation notice.
4. Stop Work Order.
a. Issuance of Stop Work Order. The Town Clerk, Building Official, Code Enforcement Officer or Town Council may issue a written order to stop work on any property on which there is an uncorrected violation of either a provision of Title 14 or a provision of a development permit, building permit or other form of authorization. The stop work order shall specify the provisions allegedly in violation. Service of the order shall be given in person, by certified U.S. Mail (return receipt requested) or by posting notice on the premises. After any such order has been served, no work shall proceed on any building, other structure, or tract of land covered by such order, except to correct such violation or comply with the order. The notice shall also state any appeal and/or variance procedures available pursuant to Title 14.
b. Timing/Notice. The stop work order may be issued in conjunction with a notice of violation or subsequent to such notice. The stop work order may also specify a shorter time for correction of the violation than the fifteen (15) day period specified in Section 14.01.170(C)(1)(a) above. The stop work order shall also indicate that failure to comply with the order may subject the violator to criminal liability as a penalty for the violation(s).
5. Abatement or Injunctive Relief. The Town Council, through the Town Attorney, may initiate injunction or abatement proceedings or other appropriate legal action in the District Court or other court of competent jurisdiction to abate, remove, or enjoin such violation and to recover damages, costs, and reasonable attorney’s fees incurred in the abatement and removal of such violation.
D. Remedies Cumulative. The remedies provided for violations of Title 14, whether civil or criminal, shall be cumulative and in addition to any other remedy provided by law, and may be exercised in any order.
E. Continuation of Prior Enforcement Actions. Nothing in Title 14 shall prohibit the continuation of previous enforcement actions undertaken by the Town pursuant to previous regulations.
F. Appeals of Enforcement Actions. Appeals of any order, requirement, decision, or determination made by an administrative official in the enforcement of this Chapter shall be made to the Board of Zoning Adjustment in accordance with the provisions of Section 14.01.190 of this Code.
G. Liability of Town. This Code shall not be construed to hold the Town responsible for any damages to persons or property by reason of the inspection or reinspection, or failure to inspect or reinspect, or by reason of issuing a building permit, or by reason of pursuing or failing to pursue an action for injunctive relief.
(Ord. 60, Art. I, §104.2, 1983; Amended Municipal Code Codification 2022)
<strong> </strong><strong>14.01.160 Certificate of Occupancy.</strong>
A. Required. No vacant land shall be occupied and used, and no building hereafter erected shall be occupied or used, until a Certificate of Occupancy has been issued by the Building Inspector.
B. Issuance -- For Building Use. A Certificate of Occupancy for a new building or the alteration of an existing building shall be applied for coincident with the application for a building permit, and shall be issued within ten (10) days after the erection or alteration of such building shall have been completed in conformity with the provisions of these Regulations and the building code(s) adopted by the Town of Dinosaur.
C. Issuance -- For Land Use. A Certificate of Occupancy for the use of vacant land or the change in the use of land as herein provided shall be applied for before such land is occupied or used, and a Certificate of Occupancy shall be issued within ten (10) days after the application has been made, provided such use is in conformity with these requirements.
D. Record -- Filing Required - Fee. A Certificate of Occupancy shall state that the building or land complies with all the building and health laws and ordinances and with the provisions of this Title. A record of all Certificates shall be kept on file in the office of the Town Clerk and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the building affected. No fee shall be charged for an original Certificate applied for coincident with the application of building permit. For all Certificates or copies of the original Certificate, there shall be a fee as set by Town Council by resolution.
(Municipal Code Codification 2022)
<strong> </strong><strong>14.01.170 Building Permits.</strong>
A. Required. No site preparation or building construction for any building shall be commenced without first obtaining a building setback and zoning clearance and a building permit. The Town of Dinosaur issues the appropriate building setback and zoning clearance prior to the issuance of a building permit. Moffat County provides building inspection services for the Town of Dinosaur. Building permit applications and the appropriate Town building setback and zoning clearance are submitted to Moffat County for processing and scheduling of inspections.
B. Site Plan Required. All applications for building setback and zoning clearance and a building permit shall be accompanied by two (2) copies of a site plan drawn to scale showing the actual dimensions of the lot to be built upon, the size of the building(s) to be erected, and the location of the building on the lot with reference to the legally established property lines and such information as may be necessary to provide for the enforcement of these Regulations. For all the commercial and industrial districts, a site plan must be prepared and approved in accordance with the provisions of Section 14.06.110 of these Regulations. before building permits shall be issued. A record of such applications shall be kept in the office of the Building Inspector. Notice of approval of a building permit shall be posted on the subject property within twenty-four (24) hours of such approval.
C. Review -- Public Improvements. All applications for zoning clearance and building permits shall be reviewed and processed by the Town Administrator to determine whether or not the proposed construction will require the installation or construction of public improvements, such as street paving, curbs, gutters, sidewalks, drainage facilities or other public improvements. In making his or her determination, the Town Administrator is authorized to consult any Town staff or outside consultants the Administrator deems necessary in his or her sole discretion. In the event the applicant does not agree to the public improvements required by the Town Administrator the applicant may appeal the decision to the Town of Dinosaur Town Council. The appeal must be submitted to the Town Clerk within fifteen (15) days of the issuance of the decision by the Town Administrator. Within thirty (30) days of receipt of the appeal, the Town Council shall review the public improvements requirement and determine the public improvements that must be completed as conditions of approval of a zoning clearance as part of the issuance of the building permit.
If the Town determines that the proposed construction makes necessary any such public improvements, the Town Clerk shall so inform the Building Inspector, and in such event, a condition shall be inserted in the building permit which shall require the construction of such public improvement or public improvements by the permittee, and the dedication thereof to the Town. The cost of such improvement shall be borne by the permittee, and the construction thereof shall be at the sole cost, risk and expense of the permittee, subject to the provisions of any applicable Town ordinance, regulation or policy. All such improvements are to be constructed in full compliance with the Town of Dinosaur engineering regulations, design standards and construction specifications as may be adopted by resolution from time to time.
D. Drainage and grading plan required. Except for building permits for the construction or alteration of a single family dwelling, all applications for a building permit shall be accompanied by two (2) copies of a drainage and grading plan drawn to scale showing the actual dimensions and topography of the lot to be built upon as well as adjacent properties and other potentially affected properties, the size of the building(s) to be erected, and the location of the building on the lot with reference to the existing and proposed surface topography of the site and other potentially affected properties and other such information as may be specified by the Town Engineer. The Town Engineer may, on a case-by-case basis, waive the requirement for submittal of a drainage and grading plan if, in the Town Engineer’s opinion, the construction allowed by the building permit will not significantly alter the drainage in a manner that will affect adjacent properties, public infrastructure, or the proposed building.
(Municipal Code Codification 2022)
<strong>14.01.180 Notice, Hearing and Orders.</strong>
A. Whenever the Zoning Enforcement Official determines that there are reasonable grounds to believe that there has been a violation of any provision of this Title, the Zoning Enforcement Official shall give notice of such alleged violation to the person to whom the permit or license was issued as hereinafter provided. Such notice shall:
1. Be in writing;
2. Include a statement for the reason of its issuance;
3. Allow a reasonable time for the performance of any act it requires;
4. Be properly served upon such owner or agent as required by any law of this State and other local requirements;
5. Contain an outline of remedial action which, if taken, will effect compliance with the provisions of this Title.
B. Any person affected by any notice which has been issued in connection with the enforcement of any provision of this Title may request and shall be granted a hearing on the matter in accordance with all local regulations and acts or the applicable sections or subsections of the State statutes.
C. Upon failure to comply with any order sustaining, modifying, or withdrawing a notice, the license of the mobile home development, if applicable, affected by the order shall be revoked.
D. Whenever the Zoning Enforcement Official finds that an emergency exists which requires immediate action to protect the public health, he may without notice or hearing issue an order reciting the existence of such an emergency and requiring that such action be taken as he may deem necessary to meet the emergency including the suspension of the license or permit. Notwithstanding any other provisions of this Title to the contrary such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately, but upon petition to the enforcing agency shall be afforded a hearing as soon as possible. The provisions of this Section shall be applicable to such hearing.
(Ord. 60, Art. I, §105.1, 1983)
<strong> </strong><strong>14.01.190 Board of Zoning Adjustment.</strong>
A. Organization. There is hereby created a Board of Zoning Adjustment to be known as the “Board of Zoning Adjustment of the Town of Dinosaur, Colorado”, and referred to in this Chapter as the “Board”.
1. The membership of the Board shall consist of five (5) residents of the Town of Dinosaur, appointed by the Town Council for terms of three (3) years, and thereafter until their successors shall be duly appointed. One (1) member may be a member of the Town Council. The Town Council shall appoint all replacements and successors. The Town Council itself may also serve as the Board of Adjustment. (Amended Ord. 74, §8, 1990)
2. The Board of Zoning Adjustment shall elect from its own membership a Chairman and Vice-Chairman who shall serve annual terms and may succeed themselves. The Board may make, alter, and rescind rules and regulations for its procedures.
3. The Board shall meet on call of the Chairman following legal notice given in accordance with the Town’s regulations.
(Ord. 60, Art. X, §1001.1, 1983)
B. Powers and Duties. The Board shall have the powers and duties prescribed by this Chapter, to include the following:
1. Appeals. To hear and decide on appeals from the rulings of the Zoning Enforcement Official concerning the enforcement of the provisions of this Title. Such appeals shall be in the form of a written notice filed with the Town Clerk specifying the grounds for the appeal.
2. Variances. To hear and grant applications for variances from the provisions of the Land Use Regulations governing the use of land or buildings. The Board may grant a variance provided it makes findings that all of the following requirements have been satisfied:
a. That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the affected property, and that the unnecessary hardship id due to such conditions, and not the circumstances or conditions generally created by the provisions of the Town’s Land Use Regulations in the neighborhood or District in which the property is located.
b. That, because of such physical circumstances or conditions, the property cannot be physically developed in conformity with the provisions of the Town’s Land Use Regulations, and that the granting of the variance is therefore necessary to permit the reasonable use of the affected property.
c. That such unnecessary hardship has not been created by the applicant.
d. That the variance, if granted will not alter the essential character of the neighborhood or District in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property.
e. That the variance, if granted, is the minimum variance that will afford relief and is the least modification possible of the Land Use Regulations in question.
(Ord. 60, Art. X, §1001.2, 1983)
C. Procedure. The Board shall conduct hearings and make decisions in accordance with the following requirements:
1. The Board shall give notice to the applicant and to such other persons or agencies as the Board may designate by rule, and to any person who has made a timely request for notice, within fifteen (15) days of the hearing, in such manner as shall be prescribed by rule. The Town Council may establish reasonable fees to be paid by the applicant.
2. The Board of Zoning Adjustment shall keep a record of the proceedings, either stenographically or by sound recording, and a transcript of the proceedings and copies of graphic or written material received in evidence shall be available to any party at cost.
3. The Board shall render a written decision on the application within forty-five (45) days of the hearing. Decisions based on any provision of this Title, or on any rule or regulation relied on, and the reasons why the decision is deemed appropriate in light of the facts found.
4. Vote Required. The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision, or determination of any administrative official, or to decide in favor of any applicant any matter upon which it is required to pass under this Title, or to effect any variation of the Title. Every decision of such Board shall, however, be subject to review by the District Court pursuant to Rule 106 C.R.C.P. Such appeal may be taken by any person aggrieved or by an officer, department, board, or bureau of the Town.
5. The Town Council may appoint such alternate Board members as may be necessary to assure a full Board at all meetings.
(Ord. 60, Art. X, §1001.3, 1983)
<strong>14.01.200 Penalties.</strong><a name="_Hlk118468234" id="_Hlk118468234"></a>
A. Fine or Imprisonment. Any person, firm or corporation violating any of the provisions of this Title shall be deemed guilty of a municipal offense, and such person, firm or corporation shall be deemed guilty of a separate offense for each and every day or portion thereof during which any such violation is committed, continued, or permitted, and upon conviction of any such violation, such person, firm or corporation shall be punishable by a fine of not more than three hundred dollars ($300.00) or a jail sentence of not more than ninety (90) days or by both such fine and imprisonment.
B. Revocation of Mobile Home or Travel Trailer Park License. When a Mobile Home or Travel Trailer Park owner or operator’s license is revoked:
1. The admittance of new residents into the park after date of revocation is prohibited.
2. If no action is taken to remedy the violation within fifteen (15) days of revocation of a Mobile Home or Travel Trailer Park License, notice will be served to vacate such park within thirty (30) days of the serving of the notice to vacate.
C. Suspension of Mobile Home or Travel Trailer Park License. When a Mobile Home or Travel Trailer Park License is suspended, the admittance of new residents into the park after the date of suspension is prohibited.
D. Additional Remedies. In case of any building or structure is erected, constructed, altered, repaired, converted, or maintained, in violation of this Title or any other ordinance, the proper Town authorities, in addition to any other remedies, may institute any appropriate action or proceeding in the District Court to prevent such unlawful erection, construction, alteration, repair, conversion, maintenance, or use.
(Ord. 60, Art. I, §106.1, 1983)
<strong>14.01.210 Severability.</strong>
If any of the provisions of these Regulations, or the application thereof to any person or circumstances, is held to be invalid, such ruling shall not affect the other provisions of these Regulations, as a whole or any other part than portion ruled invalid.
(Ord. 60, Art. I, §107.1, 1983)
<strong>14.01.220 General Interpretation.</strong>
A. For the purpose of these Land Use Regulations certain words and phrases used herein shall be defined or interpreted as follows:
1. The present tense includes the future tense;
2. Singular words include the plural;
3. The word “person” includes a corporation as well as an individual;
4. The word “lot” includes a “plot” or “parcel”;
5. The words “must,” “shall,” and “will” are mandatory; “may,” “can,” “should: and “might” are permissive.
(Ord. 60, Art. II, §201.1, 1983; Amended Municipal Code Codification 2022))
<strong> </strong><strong>14.01.230 Definitions.</strong> For the purpose of these Land Use Regulations the following definitions shall apply:
A. Accessory Use. A use customarily associated with, but subordinate to, the principal use on the same zone lot.
B. Building. Anything constructed or erected upon the ground having a roof, and supported by columns and/or walls and intended for shelter, housing or enclosure of persons, animals or property.
C. Building Height. The vertical distance as measured from the average finished grade at the building set-back lines to the point lying one-half of the distance between the lowest and highest point on the roof.
D. Building Lines. A line parallel to the property line beyond which no exposed portion of a building may extend.
E. Building Set-Back. The minimum permitted horizontal distance between the building line and the property line.
F. Density. The number of dwelling units divided by the amount of net acreage.
G. Dwellings. A building used for residential purposes and including mobile homes, modular homes, and conventional built housing.
H. Dwelling Unit. One or more rooms in a dwelling designed for occupancy and use by one family for living purposes and having its own cooking facilities and sanitary facilities.
I. Family. One or more individuals occupying a dwelling or living as a single housekeeping unit.
J. Flood Plain. That portion of land area adjoining a river, stream or other water course which has been or may be covered temporarily by flood water.
K. Home Occupation. A use clearly incidental and secondary to the residential use of a building and operating in accordance with Section 14.04.120.
L. License. A written license issued by the Zoning Enforcement Official authorizing the operation of a Mobile Home or Travel Trailer Park within regulations.
M. Lot. A parcel of land occupied or designed to be occupied by one or more buildings, structures, or uses, arranged so as to meet all of the requirements of these regulations and with direct access to a public street.
N. Mobile Home. A structure, transportable on its own running gear, which when erected on a site, measures ten feet (10’) in width or more measured wall-to-wall, and designed to be used as a year-round dwelling, when connected to the required utilities, and includes plumbing, heating, and electrical systems therein. Each mobile home shall have been constructed in accordance with the National Mobile Home Construction and Safety Standards Act of 1974, 42 U.S.C. 5401 et. seq., issued an insignia of approval by the U.S. Department of H.U.D., or applicable International Building Codes and not be altered in violation of applicable codes.
O. Mobile Home Park. A Mobile Home Park shall consist of five (5) or more mobile homes located on a minimum acreage of two (2) acres. Each mobile home shall be set up on a lot size of 3,500 square feet or more and conform to all the general design and construction standards herein applicable to all mobile homes.
P. Modular Home. A dwelling constructed off-site that meets the design and construction standards of the International Building Codes as it may be subsequently amended.
Q. Net Acreage. The amount of land devoted to housing, open space, private roadways, and parking space.
R. Non-Conforming Use. Land or a building lawfully occupied prior to the adoption of these Regulations by a use which does not now conform with such Regulations of the district in which it is located.
S. Parking-Off-Street. The area on private property designated to accommodate a parked motor vehicle with adequate access to that space from a public street.
T. Public Building or Use. Any building open to the general use, participation or enjoyment of the public and owned by the Town, County, State, or Federal Government or any subdivision thereof or by a public utility corporation.
U. Public Utility. For the purpose of these Regulations only: an electric substation, gas regulator stations, telephone exchanges, water or sewage pumping stations or water reservoirs, and power transmission lines.
V. Suitable Footing. Any mobile home that will be situated upon a single family residential lot within the Town limits of the Town of Dinosaur shall be placed upon a suitable foundation, as defined and shown in Section 14.04.160 of this Title.
W. Travel Trailer. A portable structure, mounted on wheels and designed to be towed by a motor vehicle, and containing cooking and/or sleeping facilities to provide temporary living quarters for recreational camping or travel use.
X. Travel Trailer Park. Any areas used to park one or more travel trailers for purposes of rental space shall constitute a Travel Trailer Park. All such Travel Trailer Parks shall conform to all of the requirements of the applicable fire codes and building codes insofar as construction in said Travel Trailer Park is concerned.
Y. Use. The purpose for which any land, structure, or building is designed, maintained, or occupied.
Z. Yard. The space on the same lot as a building or structure that is unoccupied and open to the sky.
AA. Zoning Enforcement Official. Town Council of the Town of Dinosaur or its authorized representative, such as Town Administrator, Planner, or Building Inspector.
(Ord. 60, Art. II, §201.2, 1983)
</dd>
<dt>14.02 Annexation</dt>
<dd>
<strong>14.02.010 Purpose.</strong>
<strong>14.02.020 Statement of Policy and Review Criteria.</strong>
<strong>14.02.030 Eligibility for Annexation.</strong>
<strong>14.02.040 Procedure.</strong>
<strong>14.02.050 Post Approval Actions.</strong>
<strong>14.02.060 Public Hearing Notices.</strong>
<strong>14.02.070 Reimbursement to Town for Annexation Expenses.</strong>
<strong>14.02.080 Annexation Petition and Application Submittal Requirements.</strong>
<strong>14.02.090 Annexation Agreement.</strong>
<strong>14.02.100 Annexation Map Technical Standards.</strong>
<strong>14.02.110 Concept Plan Map Technical Standards.</strong>
<strong> </strong><strong>14.02.010 Purpose.</strong>
The purpose of this Chapter is to establish a procedure to bring land under the jurisdiction of the Town in compliance with the Colorado Municipal Annexation Act of 1965, as amended. This Chapter, in part, provides supplemental requirements for annexation pursuant to the Colorado Municipal Annexation of 1965, and is not to be construed as altering, modifying, eliminating or replacing any requirement set forth in that Act, or any requirements set forth in other portions of the Dinosaur Municipal Code. In the event of a conflict between the Act, the provisions of this Chapter or any requirements set forth in other portions of the Dinosaur Municipal Code, it is the expressed intent of the Town Council that the more stringent provision shall control.
<strong>14.02.020 Statement of Policy and Review Criteria.</strong><strong> </strong>
A. It shall be the general policy of the Town with respect to annexations and the consideration of annexation petitions that:
1. Annexation is a discretionary act. With the exception of an initiated petition for the annexation of an enclave, the Town Council shall exercise its sole discretion in the annexation of territory to the Town.
2. The land to be annexed and the uses proposed for the land shall conform to the goals, policies and strategies of the Town Comprehensive Plan and to the land uses depicted on the Land Use Map, as amended.
3. Certain public facilities and amenities are necessary and must be constructed as part of any territory annexed to the Town 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 Town shall be shown not to create any additional cost or burden on the then-existing residents of the Town to provide such public facilities in any newly annexed area.
4. The petitioner for annexation shall be responsible for paying the Town’s full cost for processing the annexation petition, from initial discussion with Town staff before submittal of the petition, through the approval and recording of the final annexation documents.
5. 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.)
6. All subsurface (non-tributary) water rights associated with the property shall be deeded to the Town at the time of annexation.
7. The Town shall have in place an “annexation master plan” for the “three mile” area surrounding the Town. The “annexation master plan” shall be updated for each annexation or once per year, whichever is less in accordance with State law.
<strong>14.02.030 Eligibility for Annexation.</strong><strong> </strong>
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 Town Council in its sole discretion.
<strong>14.02.040 Procedure.</strong><strong> </strong>
A. Annexation petitions shall be processed and considered as follows:
1. Step 1: Annexation Pre-Application Conference. The application process begins with a pre-application conference with the Mayor or designated Town Staff member to determine the feasibility of the annexation request. Following this informal meeting, the applicant submits a Letter of Intent requesting annexation, the Annexation Petition, the completed Annexation Application form, annexation maps and supporting documents.
2. Step 2: Annexation Petition Certification and Completion. The petition for annexation or petition for election and all other documents submitted shall be reviewed by the Town’s staff for completeness and compliance with the provisions of the Municipal Annexation Act of 1965, and the Dinosaur Municipal Code. The applicant shall be notified within a reasonable time of any deficiencies or inadequacies in the materials submitted. An incomplete submission shall not be processed, nor referred to the Town Council for a determination of substantial compliance.
3. Step 3: Annexation Petition Referral to Town Council. Upon the staff’s determination that the petition and supporting documentation are complete and in compliance with provisions of the Municipal Annexation Act of 1965, and the Dinosaur Municipal Code, the Town Clerk shall refer the petition to the Town Council as a communication.
4. Step 4: Town Council Determination of Substantial Compliance. The Town Council, without undue delay, shall take the appropriate steps to determine if the petition is in substantial compliance with the Municipal Annexation Act of 1965.
a. If the petition is found to be in substantial compliance with the Municipal Annexation Act of 1965, the Council may, by the adoption of a Resolution of Intent to Annex, set the annexation (and zoning if requested) for public hearing on a specified date, time, and place, not less than (30) thirty days nor more than (60) sixty days from the effective date of the Resolution, subject to compliance with Section 31-12-108, C.R.S.
b. If the petition is found to not be in compliance with the Municipal Annexation Act of 1965, no further action shall be taken, except that the determination shall be made by resolution adopted by the Town Council.
5. Step 5: Planning Commission Review and Recommendations. The Planning Commission, if in existence, shall consider the petition for annexation at a regular or special meeting to be held prior to the date of the public hearing before the Town Council. If zoning of the property is requested at the time of annexation, the Planning Commission shall hold a public hearing on the zoning of the property at the same meeting. Notice of the public hearing on zoning shall be given in accordance with the requirements for an amendment to the zoning map. (Section 14.01.130)
The Planning Commission, upon the conclusion of the meeting at which they consider the petition, shall by resolution recommend approval of the petition for annexation with or without modifications and/or conditions, or recommend denial. If zoning of the property is requested at the time of annexation, the Planning Commission shall by resolution recommend approval with or without modifications and/or conditions, or recommend denial of the requested zoning. They shall refer any such recommendation to the Town Council.
6. Step 6: Town Council Public Hearing and Action on the Annexation. The Town 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 Intent to Annex. The petitioners shall present evidence in support of the petition, and zoning if applicable. Town staff shall testify as to the elements required by statute to be present for annexation. Any person may appear at the hearing and present evidence on any matter related to the annexation petition as determined by the Town Council. The Town Council may continue the hearing to another date without additional notice if the volume of material to be received cannot be presented within the available time for any given session; except that no session of the hearing shall be so continued unless at least one (1) hour of testimony has been heard. All proceedings at the hearing and any continuances thereof shall be recorded, but the recorder’s notes need not be transcribed unless proceedings for judicial review are initiated as provided by Section 31-12-116, C.R.S.
At the conclusion of the public hearing, the Town Council shall adopt a resolution containing the findings of fact and conclusions, including:
a. Whether or not the requirements of Sections 31-12-104 and 105, C.R.S., and this Chapter have been met;
b. Whether or not additional terms and conditions are to be imposed; and
c. Whether or not an election is required, either as result of a petition for election or the imposition of additional terms and conditions.
If the Town Council finds that the area proposed for annexation does not comply with the requirements of Sections 31-12-104 and 105, C.R.S., the annexation proceeding will be terminated.
If the Town 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. The petition is found to be signed by the owners of one hundred (100) percent of the area proposed the annexed, exclusive of streets and alleys; and
d. No additional terms and conditions are to be imposed;
The Council may annex the land by ordinance without election. The ordinance annexing such area shall include a statement that the owners of one hundred (100) percent of the area petitioned for the annexation. 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 Town Council determines that less than one hundred (100) percent of the owners have signed the petition for annexation, or the Town Council determines that additional terms and conditions should be imposed upon the area proposed 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.
If the annexation is approved by the eligible electors in accordance with Section 31-12-112, C.R.S., the Town 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.
If the Town Council, in its sole discretion, finds that the annexation is not in the best interest of the Town, it may deny the petition by resolution, stating the grounds for such denial. Only in the event of a petition for the annexation of an enclave as provided by Section 31-12-107(5), C.R.S. shall the Town be required to annex property.
<strong>14.02.050 Post Approval Actions.</strong><strong> </strong>
A. After final passage of the annexation ordinance, the Town will file one (1) copy of the annexation map with the original of the annexation ordinance in the office of the Town Clerk. The Town will file for recording three (3) certified copies of the annexation ordinance and annexation map with the County Clerk and Recorder. The Town shall request the County Clerk to forward one (1) copy of the annexation map and ordinance to the Division of Local Government in the Colorado Department of Local Affairs and one (1) copy of the annexation map and ordinance to the Department of Revenue of the State of Colorado.
B. In the event that zoning was requested with the annexation, zoning shall be granted by ordinance and copies of the official zoning map amendment shall be recorded with the Moffat County Clerk and Recorder. In the event that zoning was not requested with annexation, the Town 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 Section 14.04.090 of the Town Land Use Regulations.
<strong>14.02.060 Public Hearing Notice.</strong><strong> </strong>
A. Notice of the public hearing for annexation set by the Resolution of Intent to Annex shall be given in accordance with Section 31-12-108, C.R.S. A copy of the Resolution of Intent to Annex, or the petition(s) as filed (exclusive of signatures), together with a notice of the date and time and place set by the Town Council for the public hearing, shall be published once a week for four (4) successive weeks in a newspaper general circulation in the area proposed the annexed. The first publication of such notice shall be at least (30) thirty days prior to the date of the public hearing.
B. A copy of the published notice, together with a copy of the adopted Resolution of Intent to Annex and the petition as filed, shall be sent by certified mail, return receipt requested, to the Moffat County Board of County Commissioners and the Moffat County Attorney and any special district or school district having territory within the area to be annexed, at least (25) twenty-five days prior to the date fixed for the public hearing.
C. A copy of the published notice, together with the “Letter of Intent” provided with the application, the annexation map and the “concept plan” for the development of the property shall be sent by certified mail, return receipt requested, to the owners of real property within three hundred (300) feet of the boundaries of the proposed annexation, irrigation ditch companies whose rights-of-way traverse the property to be annexed and to the mineral estate owners and their lessees of the property to be annexed. Notice provided by the Town to the owners of the minerals estate and their lessees shall not relieve the petitioner(s) from the responsibility of providing notice as required by Section 24-65.5-101, et seq., C.R.S.
In the case of a “flagpole” annexation, the Town shall also provide notice to abutting property owners as specified in Section 31-12-105, C.R.S., as amended.
D. Petitioner’s Responsibilities - Mailing and Posting Notices, Notice to Mineral Estate Owners and Lessees.
1. The petitioner shall provide the Town with an address list containing the owners of real property within three hundred (300) feet of the property to be annexed, the mineral interest owners and lessees for the property to be annexed, the irrigation ditch companies whose rights-of-way traverse the property to be annexed and the special districts encompassing the property to be annexed. The list is to be prepared and certified by a title insurance company licensed by the State of Colorado, within the thirty (30) days prior to the date of submission of the annexation petition.
2. The petitioner shall provide a sufficient number clasp envelopes to mail notices to all special districts encompassing the property be annexed, the Board of County Commissioners and County Attorney, and referral agencies of the Town, as directed by the Town. The petitioner shall also provide a sufficient number of self-adhesive window envelopes (no return address) to mail notice to the owners of real property and mineral interest owners and lessees identified in the mailing list.
3. The petitioner shall be responsible for posting the property as provided herein, and shall meet with the Town staff to obtain completed public notice placards and the posting layout. The petitioner shall submit a signed, notarized affidavit certifying that the property was posted on the required date and in the locations as approved by the Town. The petitioner is also responsible for ensuring that the posted notices remain in place, in legible condition until the public hearing is concluded, and for removal of said posted notices after the public hearing is concluded. Notice shall be posted along the public street rights-of-way bordering the property, at least once for every six hundred (600) feet of frontage on said rights-of-way, or as otherwise approved by the Town.
4. The petitioner shall be responsible for providing notice of each public hearing (Planning Commission and/or Town Council) to the owners of the mineral estate on the property to be annexed, and to their lessees, as required by Section 24-65.5-101, et seq., C.R.S. The petitioner shall certify to the Town Clerk not less than fifteen (15) days prior to the date of the public hearing(s), the petitioner’s conformance with this notice requirement.
<strong>14.02.070 Reimbursement to Town for Annexation Expenses.</strong><strong> </strong>
The petitioner shall reimburse the Town for its expenses in reviewing and processing the annexation petition, including, but not limited to legal publications, engineering services, attorney fees, consultant fees, reproduction of material, postage, public hearing expenses and recording documents. The Town may require a reimbursement agreement upon the submission of a petition for annexation.
<strong>14.02.080 Annexation Petition and Application Submittal Requirements.</strong>
A. The following are the submission requirements for an annexation petition. One (1) original and three (3) copies of the following forms, maps, but letters and documents are to be delivered to the Town Clerk with the fees. The documents are to be submitted in separate three-ring binders of suitable size to hold the material. Any forms or letters requiring signatures shall have one original signed and dated in blue ink. The remaining copies may be photocopies of the original. The binders shall contain a table of contents and be tabbed accordingly. Pockets are to be provided in the binder for the folded maps that are submitted.
Following staff review and notice of acceptance for referral to the Town Council, the applicant shall provide ten (10) copies of the annexation documents. Seven (7) sets shall be bound in three-ring binders as above. The remaining three (3) sets are to be three hole-punched, collated into complete application packets and bound with binder clips only.
The name or title of the proposed annexation on all documents and maps must be consistent. All letter size (8 ½" x 11") documents to be filed with the County Clerk and Recorder Office must have one (1) inch margins, or they will be rejected for filing.
B. The Annexation application shall include:
1. Letter of Intent. The applicant shall provide a letter of intent addressed to the Town Council to serve as a cover letter to the formal petition, introducing the applicant(s) to the Town Council, requesting annexation of the petitioner’s property and describing the development plans for the property, if it is annexed.
2. Annexation Application Form. The Town’s Annexation Application Form shall be completed, signed and dated.
3. Agreement for Payment of Development Review Expenses Incurred by the Town. The application shall be accompanied a signed standard form Agreement for the Payment of Development Review Expenses Incurred by the Town.
4. Petition for Annexation. The applicant shall submit a petition for annexation complying with the requirements of Section 31-12-107, C.R.S. The Town’s standard form petition shall be utilized. Any deviation from the standard form petition will require review and approval by the Town Attorney before the Town accepts the petition for processing. The applicant is to provide a word processing file of this document if it deviates from the Town’s standard form petition.
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 land owners of more than fifty (50) percent 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 the (insert names of any applicable 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 Town 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.
5. Annexation Map. Four (4) paper copies of the annexation map are to be provided with the initial submittal. The annexation map shall be signed and sealed by the registered land surveyor or engineer preparing the map, or under whose supervision the annexation map was prepared. The annexation map(s) shall comply with the technical drawing requirements contained in Section 14.02.100 of this Chapter. In addition, provide one (1) small format paper copy (not less than 8½" x 11", nor more than 11" x 17"). Provide one (1) “Annexation Map Land Surveying Standards Checklist” completed by the Surveyor (attach to the “original” application packet).
6. Concept Plan Map. Four (4) paper copies of the concept plan map are to be provided with the initial submittal. The concept plan map(s) shall comply with the technical drawing requirements contained in Section 14.02.110 of this Chapter. In addition, provide one (1) small format paper copy (not less than 8½" x 11", nor more than 11" x 17").
7. Title Commitment. The applicant shall submit proof of ownership in the form of a current title commitment, issued by a title insurance company licensed by the State of Colorado, whose effective date shall be less 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 title policy 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 word processing file of the legal description contained in the title commitment.
8. Property Tax Statement. A copy of the prior year’s property tax statement for all property to be annexed.
9. Mailing List and Envelopes for County, Special Districts, Irrigation Ditch Companies, Mineral Interest Owners and Adjacent Property Owners. The Applicant is to provide a mailing address list and envelopes as required by subsection 14.02.060(D).
10. Annexation Impact Report. A draft annexation impact report conforming to Section 31-12-108.5, C.R.S., is required for areas of ten (10) or more acres. Any deviation from the Town’s standard form will require review and approval by the Town Attorney before the annexation impact report is accepted for processing by the Town. The applicant is to provide a word processing file of this document. The applicant is to provide an AutoCADÔ drawing file (release 12 or higher) of the required “existing conditions” map. An inaccurate, incomplete or poorly drawn “existing conditions” map shall be rejected.
The 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 Town); and
e. A statement identifying existing special districts within the area to be annexed.
11. 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 or quit claim deed for the transfer of all subsurface (non-tributary) water rights to the Town.
12. Zoning of Property to Be Annexed. 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 Town’s Zoning Code and Zoning Map within ninety (90) days of the completion of the annexation process.
13. 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 those services and facilities to accommodate the development proposed for the property being annexed. The narratives shall be one or more paragraphs in length, and adequate to fully explain the needs, concepts and proposed solutions for each of the following:
a. An assessment of the community needs for the proposed annexation and land use;
b. The economic impact to the municipality of the proposed annexation. This is to include an analysis of short-term and long-term municipal revenues to be generated by the development, short-term and long-term municipal expenses likely to be incurred as a result of the annexation and development, and proposals to mitigate any negative impacts;
c. The impact on the existing transportation system and proposals to mitigate any negative transportation impacts upon the community (arterial and collector street improvements, intersection improvements, intersection signalization, alternative modes of transportation, etc.);
d. The impact of the proposed development on the existing storm drainage system and proposals to mitigate any negative drainage impacts upon the community (historic rainfall drainage patterns, detention and retention areas, storm sewer requirements, discharged irrigation ditches, floodways and floodplains, etc.);
e. The impact of the proposed development on the Town Marshal’s Department and proposals to mitigate any impact upon the existing police services (special security needs, additional officers required, additional equipment requirements, etc.);
f. The impact of the proposed development on the Fire Department/Protection District and proposals to mitigate any impact upon the existing fire protection services (special fire hazards, fire prevention, fire detection, emergency access, additional equipment requirements, additional manpower requirements, additional fire stations, etc.);
g. The impact of the proposed development on the Town of Dinosaur park facilities and recreation programs and proposals to mitigate any impact upon the existing facilities and programs (additional facilities, additional recreation programs, additional personnel required, etc.);
h. The impact of the proposed development on the environment of the Town and proposals to mitigate any negative impact (identify environmentally sensitive areas, endangered species, significant habitats, etc.);
i. The short-term and long-term economic development potential for the property (numbers of jobs to be created, sales and use tax generation, property tax generation, utility revenue generation, incentives to be offered, etc.);
j. The compatibility of the proposed development with the Town Comprehensive Plan and any plan amendments that may be necessary for the proposed development;
k. The compatibility of the proposed development with the Town Land Use Code and any deviations in setbacks, space requirements, and permitted uses that may be required for the proposed development; and
l. A review of existing and adjacent land uses, areas of compatibility or conflict, and possible mitigation measures that may be required for the proposed development.
14. Letters of Support. The application is to be accompanied by letters of support or comments from any special districts servicing the area to be annexed.
<strong> </strong><strong>14.02.090 Annexation Agreement.</strong>
A draft Annexation Agreement shall be provided to the applicant by the Town not less than three (3) weeks prior to the annexation public hearing before the Town Council. This document outlines the responsibilities of the applicant and the Town regarding the provision and extension of streets and utilities, the dedication of water rights and the applicability of Town regulations. Any changes or additions to the standard form Annexation Agreement proposed by the applicant or the Town shall be addressed in the “supplemental provisions” section of the document. If a property to be annexed has multiple ownership, all of the owners must sign the 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 Town Clerk not less than two (2) weeks before the date of the public hearing on the annexation.
<strong> </strong><strong>14.02.100 Annexation Map Technical Standards.</strong>
A. The annexation map shall be prepared by or under the supervision of a registered professional land surveyor licensed with the State of Colorado. The annexation map shall conform to the following drafting standards and contain the following information. It shall be a neat, clear, permanent, legible and reproducible document. Inaccurate, incomplete or poorly drawn maps shall be rejected.
1. The annexation map shall be an original drawing on 24" x 36" flat, spliceless, tapeless and creaseless sheet(s) of double matte mylar film with a uniform thickness of not less than .003 of an inch, using only permanent black ink that will adhere to drafting films, or an acceptable "fix‑line" photographic reproduction (emulsion down), or a computer generated reproduction of the original drawing. A margin line shall be drawn completely around each sheet leaving a margin at least one-half (½) inch on three sides and a margin at least two (2) inches on the left (short) side, entirely blank. Unless otherwise specified, text and numbers are to be large enough to be clearly legible at the scale drawn.
2. Paper copies of the annexation map(s) shall be blueline or black line copies of the original, folded to 12" x 9" size. The applicant shall also provide paper 11" x 17" and 8½“ x 11" reductions of the annexation map(s).
3. The annexation map shall be drafted at a scale that best conveys the detailed survey, and confines the drafting error to less than one (1) percent. Acceptable scales are 1"=50' or 1"=100' and for annexations exceeding one hundred (100) acres, 1"=200'. In special instances another scale may be approved by the Town. When an annexation requires multiple sheets, an index shall be provided that delineates the boundaries and identify each sheet number. The scale of a composite map may be different from the individual sheets, as approved by the Town. A “title sheet” containing the certifications and signature blocks shall be provided in the event that the annexation map sheet is too crowded.
4. The title shall be centered at the top of the sheet along the long dimension of each sheet shall include the name of the proposed annexation. A general legal description stating the section, township, range, 6th P.M., Town of Dinosaur, County of Moffat, State of Colorado, shall be included under the name. On the title sheet (Sheet #1), under the general legal description, include the total acreage. Annexation names may not duplicate existing annexation names.
Example:
PINE VIEW ANNEXATION
TO THE TOWN OF DINOSAUR, COLORADO
A Part of the E/2 of Section 23, Township _ North,
Range __West, _6th P.M., Town of Dinosaur, Moffat County, State of Colorado
78.05 Acres
5. There shall be a title block in the lower right‑hand corner, or along the right‑hand margin that contains the name, address and telephone number of the land owner, the developer, and the engineer or surveyor preparing the drawing, an appropriate title for the drawing, the preparation date, sheet number, the preparer’s project identification numbers, revision dates, draftsman’s initials, and the electronic drawing file name (matching the AutoCAD drawing file provided to the Town).
6. Adjacent to the title block, in the lower right-hand corner, there shall be a legend block which shall include a description of lines, points and symbols, a double-headed north arrow designated as true north and a written and graphic scale.
7. Adjacent to the right margin, or in a column to the right of the center of the title page if the page is crowded, there shall be the Town’s 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 the Town) followed by the owner’s signature block(s) and notary block(s), one for each owner or mortgagee.
8. Immediately following the ownership certificate, there shall be the Town’s standard Surveyor’s certificate, signed, dated and sealed by a licensed surveyor or engineer.
9. Immediately following the Surveyor’s certificate, there shall be the Town’s standard certificate blocks for the Planning Commission and Town Council.
10. Immediately following the Town Council’s approval certificate, there shall be the Town’s standard recording certificate block for the Moffat County Clerk and Recorder.
11. A vicinity map that depicts the area to be annexed and the area which surrounds the proposed annexation within a two-(2) mile radius superimposed on a current USGS Topographical Map, maintaining the same scale shall be placed on the left side of annexation map, outside the boundary of the area being annexed, or on the left side of the title sheet.
12. The annexation map drawing shall contain the following:
a. Show the outline of area to be annexed with boldest line.
b. For all references, show book, page, map number, etc., and place where publicly recorded.
c. 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 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.
d. Show on the annexation map, next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the Town. A hatched boundary line shall be used to depict the boundary contiguous to the Town (example: ///////////).
e. 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 0.01'.
f. Provided a description of all monuments, both found and set, which mark the boundaries of the property and of all control monuments used in conducting the survey.
g. 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.
h. 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.
i. The ownership identity of all mineral rights shall be designated on the map.
j. 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.
k. 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.”
l. 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.
m. Show clearly the length and bearing of all lines described in the written description.
n. Show section numbers, quarter section quadrants, township and range lines, and label each.
o. Show all lines, calls, arcs, etc., described in written description.
p. Circle or place an ellipse around each location where a detail drawing will be provided, and provide designation for each detail such as “See Detail A.”
q. Show "Point of Beginning" in bold letters with an arrow.
r. Show "True Point of Beginning" with bold letters and arrow, when appropriate.
s. A map note shall indicate the total perimeter of the annexation boundary, the contiguous length to the existing Town boundary and the length representing one-sixth (1/6) of the total annexation boundary perimeter.
13. An “Annexation Map Land Surveying Standards Checklist” completed by the surveyor shall be provided.
14. An AutoCADÔ drawing file (release 12 or higher) of the annexation map(s) and title sheets and all fonts used, shall be provided on PC compatible CDs or DVDs, or by other town approved method electronic data storage. Large drawing files are to be compressed. If multiple maps are used, one drawing file must combine all the parts into one map showing the entire annexation. AutoCADÔ drawing files (release 12 or higher) of each revision to the annexation map shall be provided at the time the revision is submitted to the Town.
15. A word processing file of the legal description shall be provided by acceptable electronic transfer. Text must be in uppercase.
<strong>14.02.110 Concept Plan Map Technical Standards.</strong>
<strong><strong> </strong></strong>
A. The concept plan map shall be prepared by or under the supervision of a qualified land planner or architect. The concept plan map shall conform to the drafting standards of the annexation map. It shall be a neat, clear, permanent, legible and reproducible document. Inaccurate, incomplete or poorly drawn maps shall be rejected.
1. Paper copies of the concept plan map(s) shall be blueline or black line copies of the original, folded to 12" x 9" size. The applicant shall also provide paper 11" x 17" and 8½ “ x 11" reductions of the concept plan map(s).
2. The concept plan map drawing shall contain the following:
a. Show the boundary of the area to be developed;
b. Provide a written legal description of the area to be developed;
c. Within the concept plan, show 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. Within the concept plan, show existing and proposed arterial and collector streets (if any) and their relationship to the principal land uses on the site;
e. Within the concept plan, show existing and proposed major utility lines or facilities and their relationship to the principal land uses on the site;
f. Within the concept plan, show contour lines at ten (10) foot intervals, except when there are significant geographical features on the land and a different interval is determined to be more appropriate; and
g. Within the concept plan, show significant natural or manmade features on the site and contiguous to the property, including but not limited to, bluffs, ponds, irrigation ditches watercourses and wetlands.
3. An AutoCADÔ drawing file (release 12 or higher) of the concept plan map(s) and title sheets and all fonts used, shall be provided on PC compatible CDs or DVDs or by other Town approved electronic data storage. Large drawing files are to be compressed. If multiple maps are used, one drawing file must combine all the parts into one map showing the entire annexation. AutoCADÔ drawing files (release 12 or higher) of each revision to the concept plan map shall be provided at the time the revision is submitted to the Town.
</dd>
<dt>14.04 Zoning - Provisions Uses and Requirements</dt>
<dd>
<strong>14.04.010 Establishment of Zone Districts.</strong>
<strong>14.04.020 Purpose.</strong>
<strong>14.04.030 Official Zone District Map.</strong>
<strong>14.04.040 Identification of Official Map.</strong>
<strong>14.04.050 District Boundaries.</strong>
<strong>14.04.060 Uniformity of Regulations.</strong>
<strong>14.04.070 Conflict with other Provisions.</strong>
<strong>14.04.080 Conflict with Private Covenants and Deeds.</strong>
<strong>14.04.090 Annexation and Zoning.</strong>
<strong>14.04.100 Non-Conforming Uses.</strong>
<strong>14.04.110 Special Review Uses.</strong>
<strong>14.04.120 Home Occupations.</strong>
<strong>14.04.130 Filing Fees.</strong>
Part 2
Zone District Provisions and Regulations
Sections:
<strong>14.04.140 District R-Residential Single Family.</strong>
<strong>14.04.150 District R-MF-Residential Multi-Family.</strong>
<strong>14.04.160 District RMH-Residential Mobile Homes.</strong>
<strong>14.04.170 District MHP and TTP-Mobile Home and Travel Trailer Parks.</strong>
<strong>14.04.180 District C-Commercial.</strong>
<strong>14.04.190 District LI-Light Industrial.</strong>
<strong> 14.05.200 District I-Industrial.</strong>
Part 1
General Provisions
<strong> </strong><strong>14.04.010 Establishment of Zone Districts.</strong>
In order to carry out the purposes and provisions of this Title, the Town of Dinosaur is hereby divided into the following Districts:
1. Residential District
R – Residential Single Family
R-MF – Residential Multi-family
(Amended Ord. 113, §1, 2007)
2. Mobile Homes on Individual Lots within Residential District – RMH
3. Mobile Home Parks and Travel Trailer Park Districts
R – MHP
R – TTP
4. Commercial District – C
5. Light Industrial District – LI
6. Industrial District - I
<strong> </strong><strong>14.04.020 Purpose.</strong><strong> </strong>
The purpose of this Zoning Code is to create a vital, cohesive, well-designed community in order to enhance the Town’s small-town character and further the citizens’ goals as identified in the Town Comprehensive Plan. These zoning regulations are designed to:
A. Encourage the most appropriate use of land through the Town and insure a logical growth of the various physical elements of the Town.
B. Regulate and restrict the location and use of buildings, structures and land for residence, business, trade, industry or other purposes.
C. Regulate and determine the size of building lots, yards and other open spaces.
D. Promote good design and arrangement of buildings or clusters of buildings and uses in residential, business and industrial development.
E. Encourage innovative, quality site planning, architecture and landscaping that reflect improvements in the technology of land development.
F. Prevent the overcrowding of land, poor quality in development, waste and inefficiency in land use, danger and congestion in travel and transportation and any other use or development that might be detrimental to the stability and livability of the Town.
G. Promote the health, safety, morals and general welfare of Town residents.
<strong>14.04.030 Official Zone District Map.</strong><strong> </strong>
The Town of Dinosaur is hereby divided into Districts as shown on the Official Zone District Map which, together with all explanatory material thereon, is hereby adopted and incorporated herein by reference and declared to be part of this Title.
(Ord. 60, Art. V, §501.1, 1983)
<strong>14.04.040 Identification of Official Map.</strong>
The Official Zone District Map shall be located in the Town Hall and shall be identified by the signatures of the Mayor of the Town of Dinosaur, and attested by the Town Clerk, together with the date of adoption of this Title and any amendments thereto by the Town Council of the Town of Dinosaur.
(Ord. 60, Art. V, §501.2, 1983)
<strong> </strong><strong>14.04.050 District Boundaries.</strong>
As to the boundaries of Districts shown on the Official Zoning District Map and where no legal description of the District exists, the following rules shall apply:
A. Boundaries indicated following: highways, roads, streets, water courses, or platted property lines shall be construed to following the center line thereof.
B. All interpretations of District boundaries shown on the Official Zoning District Map shall be determined by the Zoning Enforcement Officer.
(Ord. 60, Art. V, §501.3, 1983)
<strong>14.04.060 Uniformity of Regulations.</strong>
The regulations established by this Chapter within each zone shall apply uniformly to each class or kind of structure or land. Unless exceptions are specified in this Title, the following interpretations shall apply:
A. No buildings, structure, or land shall be used or occupied, and no building or structure or part thereof shall be erected, changed, constructed, moved, or structurally altered unless in conformity with all of the regulations herein specified for the zone in which it is located. Where a lot is divided by a zoning district boundary line by the current official zoning map or by subsequent amendments to the zoning map, the zoning requirements may be extended within the lot for a distance of not more than twenty-five (25) feet.
B. No building or other structure shall be erected or altered:
1. To exceed the height limitations;
2. To accommodate or house a greater number of families;
3. To occupy a greater percentage of the area;
4. To have narrower or smaller rear yards, front yards, side yards, or other open spaces.
C. No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this Title, shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building unless specific exception therefore is stated in this Title.
D. No yard or lot existing or approved at the time of passage of this Code shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this Code shall meet at least the minimum requirements established by this Code.
E. Any use not permitted in a zone either specifically or by interpretation by the Town Council is hereby specifically prohibited from that zone.
<strong> </strong><strong>14.04.070 Conflict with other Provisions of Law.</strong>
Whenever the requirements of this Title are at a variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the more restrictive or that imposing the higher standards shall govern.
<strong>14.04.080 Conflict with Private Covenants or Deeds.</strong>
In case of a conflict between this Code and any private restrictions imposed by covenant or deed, the responsibility of the Town shall be limited to the enforcement of this Code. When provisions within this Code are more restrictive than those imposed by covenant or deed, or when any such private instruments are silent on matters contained within this Code, the provisions of this Code shall rule.
<strong> </strong><strong>14.04.090 Annexation and Zoning.</strong>
All territory annexed to the Town of Dinosaur subsequent to the effective date of the Ordinance codified herein shall be zoned according to district classifications of this Title. Such classifications shall be determined through a recommendation of the Planning Commission upon referral of the proposed annexation by the Town Council to the Planning Commission. The proposed zoning shall be established in accordance with applicable State statutes.
<strong>14.04.100 Non-Conforming Uses.</strong>
Any use existing at the date of the original adoption of these Regulations may be continued, even though such use does not conform to the requirements established for the district in which it is located. These non-conforming uses may be allowed to remain provided that they (1) do not cease to operate for a period of over six (6) months, except that time necessary for estate proceedings and transfer of title will not be computed, (2) are not extended beyond existing property lines, and the set-back requirements of that zoning district are met, and (3) are not extended, enlarged or structurally altered.
(Ord. 60, Art. III, §301.1, 1983)
<strong> </strong><strong>14.04.110 Special Review Uses.</strong>
A. Approval of Special Review Use Permit. A Special Review Use Permit may be granted for a special use in a particular Zone District as provided in Section (B) below, provided the Town Council finds as follows:
1. The proposed use is consistent with the provisions and purposes of the Land Use Regulations and a Special Review Use Permit may be granted in the particular zone district for which it is applied for under the terms of this Title;
2. The proposed use is compatible with existing and allowed uses surrounding or affected by the proposed use;
3. The proposed use will not materially endanger the public health, safety or general welfare;
4. The proposed use will be in general conformity with any land use plans, traffic circulation plans or other plans officially adopted by the Town;
5. Street improvements adequate to accommodate traffic volumes generated by the proposed use; provision of safe, convenient access to the use; and adequate parking are either in place or will be constructed in conjunction with the proposed use, as approved by the Town; and
6. Any additional conditions imposed by the Town Council are met.
In granting a Special Use permit, the Town Council shall impose such restrictions on the proposed use as it finds necessary to protect the public health, safety and welfare, including but not limited to restrictions equal to or more restrictive than requirements of the Zone District regulations regarding gross area, setbacks, coverage, and height of proposed structure; off-street parking; safety of ingress and egress; physical separation and distance from other uses or buildings; landscape buffer areas; screening fences; and any other provisions it finds necessary. A Special Review Use Permit may be limited as to duration of not less than three (3) years, location, the party entitled to the benefit thereof, and/or other specific limitations.
B. Special Review Use Permit-Additional Requirements. All Special Review Uses that attract or produce additional vehicular trips may be subject to street improvement impact fees as determined by the Town Council.
C. Application for Special Review Use.
1. Each application for a Special Review Use Permit shall be made on a form provided by the Town and signed by the applicant which clearly states the nature of the proposed use and reasons in support thereof. The application shall be accompanied by:
a. Proof of ownership of the land for which the application is made. If applicant is other than the owner, a notarized consent of the owner is required;
b. A site plan drawn to scale depicting the locations and boundaries of existing and proposed lots and structures;
c. The proper Special Review Use permit fee as set by the Town;
d. A list of names and address of owners of record of all property within two hundred fifty feet (250’); and
e. Any additional information which the Town Council determines is necessary to determine whether the proposed Special Review Use will comply with the Land Use Regulations.
2. The number of copies specified by the Town Council of the completed application, site plan and supporting materials, except proof of ownership, shall be submitted to the Town at least thirty (30) calendar days prior to the Town Council meeting at which it shall be reviewed.
D. Staff/Agency Review. The Town Council may use the services of a consulting land use planner or engineer to review the application with appropriate staff or other agencies and shall provide copies of the application and staff or agency comments to the Council members. All costs incurred by the Town for a consultant’s review of the application shall be borne by the applicant.
E. Town Council Review.
1. The Town Council shall review the application at a regular meeting within sixty (60) days of receiving a complete application, at which it shall hold a public hearing on the application. the applicant or its representative shall be present to represent the proposal. Following such public hearing, the Council shall take one of the following actions:
a. Approve the application, subject to conditions it finds necessary to protect the public health, safety and welfare or to ensure compliance with the Town’s regulations after finding that the application is in compliance with the Town’s Land Use Regulations or other applicable Town regulations; or
b. Deny the application for a Special Review Use Permit, stating the specific reasons for denial, after a finding that the application is not in compliance with the Town’s Land Use Regulations or other Town regulations; or
c. Continue the hearing with the requirement that the applicant submit changes or additional information which it finds necessary to determine whether the application complies with the Town’s Land Use Regulations or other applicable Town regulations.
F. Performance Guarantee.
1. In order to secure the construction and installation of street improvements, access improvements, parking improvements, landscape improvements, and any other improvements required by the Town as a condition of the issuance of a Special Review Use Permit, the Town may require the applicant to furnish the Town, prior to the issuance of the Special Review Use permit, with the following:
a. A disbursement agreement with escrow, a performance bond, or an irrevocable letter of credit to secure the performance and completion of such improvements in the amount equal to one hundred ten percent (110%) of the estimated cost of said facilities; or
b. Such other collateral as may be satisfactory to the Town Attorney.
2. The estimated cost of such improvements shall be a figure mutually agreed upon by the applicant and the Town Council. The purpose of such cost estimate is solely to determine the amount of security and may be revised from time to time to reflect the actual cost. No representation shall be made as to the accuracy of these estimates, and the applicant shall in any event pay the actual cost of such required improvements.
3. All improvements required to be constructed shall be warranted to be free of any defects in materials or workmanship for a period of twelve (12) months following completion and approval by the Town. If any such improvements are public improvements, they shall also be dedicated and conveyed to the Town of Dinosaur.
4. Upon the applicant’s failure to perform its obligation as required by the conditions for the issuance of the Special Review Use Permit, and in accordance with all plans, drawings, specifications and other documents submitted to the Town as approved, within the required time periods, the Town may give written notice to the permittee and the escrow agent pursuant to an escrow and disbursement agreement, the surety on a performance bond, or the issuer of an irrevocable letter of credit that the Town, as agent for the permittee, is proceeding with the task of installing the required improvements in whole or in part. Upon the assumption by the Town, the escrow agent, surety or issuer of the irrevocable letter of credit shall be authorized to disburse funds upon request from the Town, showing the proposed payee and the amount to be paid. Copies of any such request shall be sent to the permittee’s last known address. Permittee shall be given an opportunity to appear before the Town Council concerning any such assumption by the Town, within thirty (30) days after the giving of such notice by the Town.
5. The permittee shall in writing designate and irrevocably appoint the Mayor of the Town as its attorney in fact and agent for the purpose of completing all of the improvements required by the Special Review Use Permit in event of a default by permittee.
6. If any legal proceedings are commenced by the permittee concerning the Town’s assumption of the task of installing the required improvements, and if the permittee does not prevail in said legal proceedings, the surety or issuer of the letter of credit as well as the Town shall be entitled to recover the reasonable attorney’s fees and costs incurred therein from the permittee.
G. Revocation of Special Review Use Permit. Any Special Review Use Permit granted under this Section may be revoked, following public hearing, upon the determination that the owner of the property subject to the Special Review Use Permit, or the holder of the Special Review Use Permit if different from the owner, has violated one (1) or more of the conditions or requirements contained in the Special Review Use Permit. In the event the Town has reasonable cause to believe that one (1) or more of the conditions or requirements of the Special Review Use Permit has been violated, the Town shall serve the record owner of the property subject to the Special Review Use Permit and the holder of such permit if other than the owner, in person or by certified mail, return receipt requested, or by posting to the U.S. Mail on a witnessed and signed log, a notice to show cause why the Special Review Use Permit should not be revoked and any vested property rights related and hereto forfeited. Such notice shall state the date, time and place for a public hearing at which the Town Council or designated hearing officer will consider whether the Special Review Use Permit should be revoked. The notice shall also set for a concise statement of the grounds for revocation. The notice shall be served at least fifteen (15) days prior to the date of the hearing. The public hearing shall be conducted by the Town Council. Following such hearing, the Council shall issue a written decision either revoking the Special Review Use Permit or finding insufficient evidence exists to revoke the permit.
(Ord. 109, §1, 2007)
<strong> </strong><strong>14.04.120 Home Occupations.</strong>
A. Home Occupations Allowed by Right. The following home businesses and occupations shall be permitted in a residential dwelling in any zone district subject to the standards specified in this Section:
1. Office for the conduct of a business or profession.
2. Artist or craft studio.
3. Hairstyling.
4. Light assembly.
5. Clothing alterations.
B. Home Occupations Permitted as a Conditional Use. Home businesses or occupations other than those uses specified in subsection (A) above may be permitted if approved by the Town Council as a special use, provided the use is ordinarily permitted as either a use by right or a special use in the Zone District in which the residential dwelling is located.
C. Home Occupation Standards. A home business or occupation may be placed in any zone district as a use by right or as a special use, as specified in this Section, provided the following standards are satisfied:
1. Such use is conducted entirely within a residential dwelling or accessory building on the subject property and is carried on by the inhabitants living there. No person other than family members residing in the dwelling may be engaged in the home business or occupation.
2. Such use is clearly incidental to and secondary to the use of the dwelling for dwelling purposes and does not change the residential character thereof. No more than twenty-five percent (25%) of the floor area of the dwelling shall be used for the business or home occupation.
3. An accessory building located on the same property as the residence may be used in the home business or occupation provided that no more area than the equivalent of seventy-five percent (75%) of the floor area of the residence will be used for the home occupation and, further, that the accessory building can be converted to a common accessory building for residential purpose upon termination of the home business or occupation.
4. No exterior storage on the premises of material or equipment used as a part of the home business or occupation shall be permitted.
5. The home business or occupation shall not adversely affect traffic flow and parking in the neighborhood. The home business or occupation shall provide additional off-street parking adequate to accommodate all needs created by the business or occupation. At a minimum, one (1) additional parking space shall be provided on site for the home business or occupation, but more spaces may be required by the Town Council as necessary.
6. There shall be no offensive noise, vibration, smoke, fumes, dust, odor, heat or glare noticeable at or beyond the property line where the home business or occupation is located.
7. The property must maintain a non-business appearance at all times.
8. One sign may be placed on the property where the home business or occupation is located. Such sign shall not exceed three feet (3’) by five feet (5’) or a total of fifteen square feet (15 sq. ft.), and must be placed where it does not obstruct the view of traffic traveling on adjacent streets.
9. If a home business or occupation is lawfully established and a nuisance resulting from the home business or occupation is determined to exist by the Town Council after the establishment of the home business or occupation, the Town shall give the property owner sixty (60) days in which to correct the nuisance, relocate the use, or terminate use of the property for the home business or occupation.
(Ord. 60, Art. III, §302.1, 1983; Amended Ord. 93, §1, 1998)
<strong>14.04.130 Filing Fees.</strong><strong> </strong>
A fee of twenty-five dollars ($25.00) will be required to accompany any recommendation from a property owner for amending the text or map of this Title.
(Ord. 60, Art. III, §303.1, 1983)
Part 2
Zone District Provisions and Regulations
<strong> </strong><strong>14.04.140 District R-Residential Single Family.</strong>
A. Intent. This Residential District is intended primarily for residential dwellings and their related accessory uses. For lot size, set-backs and other dimensional and parking requirements see Section 14.07.100.
B. Permitted Uses.
1. One, two, and multi-family dwellings. (Amended Ord. 113, §2, 2007; Amended Ord. 3, §1, 2016)
2. Accessory uses.
3. Public buildings and uses.
4. Schools, parks and churches.
5. Home occupations.
6. Individual Manufactured Homes must meet the requirements in Section 14.04.160. (Amended Ord. 60, §1, 2009)
(Ord. 60, Art. IV, §401.1, 1983)
C. Use by Special Review. The following uses may be permitted by special review pursuant to Section 14.04.110 of the Land Use Regulations, as amended:
1. Travel Trailers.
(Ord. 3, §1, 2016)
<strong> </strong><strong>14.04.150 District R-MF – Residential Multi-Family.</strong>
A. Intent. This Multi-Family Residential Zone District is intended primarily for residential dwellings and their related accessory uses. For lot size, setbacks and other dimensional and parking requirements see Section 14.07.100.
B. Permitted Uses.
1. Duplex and multi-family dwellings.
2. Accessory uses.
3. Public buildings and uses.
4. Schools, parks and churches.
5. Home occupation.
(Ord. 113, §3, 2007)
<strong>14.04.160 District RMH – (Mobile Home Subdivision) Residential Mobile Homes.</strong>
A. Intent. It is the intent to encourage the provision of low to moderate income housing in a general residential environment, by permitting the use of Mobile Homes and Manufactured housing, as defined herein, in designated Districts, subject to the requirements and procedures set forth herein.
B. Permitted Uses. Manufactured Homes for residential occupation.
C. District Regulations.
1. Mobile Home, Manufactured Homes and Modular Homes must:
a. When erected on site, measure 720 square feet or more wall-to-wall.
b. Be designed and certified pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. 5401 et. seq., as amended.
c. Additions and alterations must meet or exceed the 2003 IRC Codes.
d. Meet requirements of Colorado State law, Section 24-32-701, C.R.S., whether it be HUD or IRC Code certified.
e. Not be altered in violation of applicable codes.
f. May not be older than fifteen (15) years at date of set.
g. Must be set upon a permanent foundation as described by the U.S. Department of Housing and Urban Development Permanent Foundations Guide for Manufactured Housing dated September 1996.
(Amended Ord. 60, §2, 2009)
2. Suitable Footings. Mobile homes shall be placed on one of the following types of footings:
a. Metal reinforced strip concrete slabs (See Picture 5 below).
b. Metal reinforced concrete slabs (See Picture 6 below).
c. Full basements-upon Zoning Enforcement Official’s approval.
3. Support Stipulations.
a. Supports must be concrete block.
b. A minimum of six (6) “metal reinforced” concrete strips or pads shall be required for each mobile home main beam. Pads or strips shall be a maximum of 8’0” on center.
c. Concrete to be 5 bag mix, 3500 psi.
[Remainder of Page left intentionally blank]
6. Concrete Requirements
Concrete Strips (Option #1)
(Picture 5)
2’ x 10’ x 8” x 4 = 2 cy 2’ x 10’ x 8” x 5 = 2.5 cy
2’ x 12’ x 8” x 4 = 2.5 cy 2’ x 12’ x 8” x 5 = 3 cy
2’ x 14’ x 8” x 4 = 3 cy 2’ x 14’ x 8” x 5 = 3.5 cy
2’ x 10’ x 8” x 6 = 3 cy 2’ x 10’ x 8” x 7 = 3.5 cy
2’ x 12’ x 8” x 6 = 3.5 cy 2’ x 10’ x 8” x 7 = 3.5 cy
2’ x 14’ x 8” x 6 = 4.5 cy 2’ x 14’ x 8” x 7 = 5.0 cy
For 6 strips For 7 strips
2’ x 10’ x 8” x 8 = 4.0 cy
2’ x 12’ x 8” x 8 = 4.75 cy
2’ x 14’ x 8” x 8 = 5.5 cy
For 8 strips
Concrete Pads (Option #2)
(Picture 6)
2’ x 2’ x 8” x 8 = 1 cy
2’ x 2’ x 8” x 10 = 1 cy
2’ x 2’ x 8” x 12 = 1.5 cy
2’ x 2’ x 8” x 14 = 1.5 cy
2’ x 2’ x 8” x 16 = 1.5 cy
2’ x 2’ x 8” x 18 = 2.0 cy
2’ x 2’ x 8” x 20 = 2.0 cy
7. Skirting. Each mobile home shall be skirted completely within forty-five (45) days of placement, with permanent, all-weather, non-combustible, rodent-proof skirting material approved by the Zoning Enforcement Official. Allowance shall be made for ventilation. An entry panel or door shall be available for access to utility connections. No galvanized metal nor corrugated fiberglass may be used for skirting. The color shall be compatible with the mobile home. All skirting will be insulated to an R-11 with a vapor barrier on inside of wall to protect bat insulation, if used. (Amended Ord. 60, §3, 2009)
8. Mobile Home Permit. Acquire a Mobile Home Permit in accordance with Section 14.09.010, Permits, License and Inspections.
9. Inspection of Mobile Homes. Acquire an inspection in accordance with Section 14.09.040.
(Ord. 60, Art. IV, §401.2, 1983)
<strong> </strong><strong>14.04.170 District MHP and TTP – Mobile Home and Travel Trailer Parks</strong>
A. Intent. Mobile Home Park and Travel Trailer Park Districts may hereafter be established in accordance with the procedures, requirements, and limitations set forth. It is intended that such mobile home communities shall be located and designed so as to provide a desirable residential environment.
B. Permitted Uses. Mobile Homes and Mobile Home Parks and Travel Trailers and Travel Trailer Parks.
C. District Regulations.
1. Mobile Home Parks and Travel Trailer Parks must be in accordance with the Development standards in Chapter 14.08, Part 1.
2. A person must acquire a valid license in accordance with Chapter 14.09 to administer a Mobile Home Park or Travel Trailer Park.
3. Acquire an Inspection in accordance with Chapter 14.09.
4. Following are the responsibilities of the Mobile Home or Travel Trailer Park Management (The Licensee):
a. The community management of the mobile home community development shall provide adequate supervision to maintain the Community in compliance with this Standard and to keep its facilities and equipment in good repair and in a clean and sanitary condition.
b. The management shall notify the Community residents of all applicable provisions of the Standard and inform them of their duties and responsibilities under this Standard.
c. The management shall supervise the placement of each mobile home stand which includes securing its stability and installing all utility connections.
d. The management shall maintain a register containing the names of all Community residents identified by lot number and street address. Such register shall be available to any authorized person inspecting the Community.
e. The management shall notify the enforcing agency immediately of any suspected communicable or contagious disease within the Community.
5. Following are the responsibilities of the Mobile Home Park Resident:
a. The resident shall comply with all applicable requirements of this Standard and shall maintain his/her mobile home lot, its facilities and equipment in good repair and in clean sanitary condition.
b. The resident shall be responsible for proper placement of his mobile home on its mobile home stand and proper installation of all utility connections in accordance with the requirements of the Colorado Division of Housing. (Amended Ord. 60, §4, 2009)
c. Pets, if permitted, in the Community, shall not be allowed to run at large or to create any nuisance within the limits of any mobile home park.
d. Skirtings, porches, awnings and other additions shall be installed in accordance with the instructions of the management. When installed, they shall be maintained in good repair. The space immediately underneath a mobile home shall be used for storage only if permitted by the management.
e. It shall be the obligation of every resident of a mobile home community to give the management thereof or any proper enforcing agency access to any part of the mobile home lot (not including the mobile home) at reasonable times for the purpose of inspections or repairs as are necessary to effect compliance with Chapter 14.09 of this Title.
(Ord. 60, Art. IV, §401.4, 1983)
<strong>14.04.180 District C - Commercial.</strong>
A. Intent. The Commercial District is intended for all types of commercial uses including mobile home sales, restaurants, and other service establishments. No residential mobile home development or commercially zoned highway frontage property will be permitted.
B. Permitted Uses.
1. Motels
2. Restaurants and lounges
3. Service stations
4. Drive-in restaurants
5. Beauty and Barber shops
6. Other retail stores and services
7. Business and professional offices
a. Applications for placement of mobile homes for such purposes shall be reviewed by the Town Council. The renting of mobile home lots shall not be considered a commercial endeavor and therefore shall not be a conforming use for commercially zoned land.
8. Retail Marijuana Stores
9. Medical Marijuana Centers
(Ord. 60, Art. IV, §401.4, 1983; Amended Ord. 90, §2, 1996; Amended Ord. 126, §1, 2012; Amended Ord. 3, §2, 2016; Amended Ord. 1, §1, 2017)
<strong> </strong><strong>14.04.190 District LI – Light Industrial.</strong>
A. Intent. The LI Light Industrial District is established as a District in which the principal use of land is for the fabrication, assembly and manufacture of goods and materials in conjunction with related retail and wholesale activities. It is the intention of these Regulations to encourage the development and orderly expansion of the District with such uses and in such a manner as to avoid dangerous, noxious, or unsightly land uses.
B. Permitted Uses. Within the LI Light Industrial District, a building or land shall be used only for the following purposes:
1. Wholesale distributing houses, warehouses, and mini-warehouses.
2. Facilities for the manufacture, assembly, or processing of goods and materials excluding those listed in subsection (D) of this Section.
3. Railroad trans-shipment facilities excluding those for sand, gravel or other minerals, except coal which is treated as a special use under Section 14.04.190(C)(7) below.
4. Gasoline or filling stations meeting all conditions and requirements for the Commercial District.
5. Automobile parking lots and structures, either public or private.
6. Customary accessory uses and structures to include warehouses and storage buildings when located on the same lot or abutting lot of same ownership as the main structure excluding, however, open storage.
7. Public utility distribution lines, transformer stations, transmission lines and towers, water tanks and towers, and telephone exchanges.
8. Fire and police stations.
9. Advertising signs; business signs and outdoor advertising signs not exceeding thirty-two (32) square feet in size.
10. Open sales yards for automotive sales, farm machinery sales, and equipment sales including mobile homes and travel trailers but excluding open storage of wrecked or inoperable equipment or materials.
C. Special Uses. The following uses require the review and approval of the Dinosaur Town Council:
1. Businesses engaged exclusively in the retail sale of goods to the general public.
2. Business engaged exclusively in providing services to the general public.
3. Offices-public, municipal, professional and private.
4. Restaurants, including drive-in restaurants, with or without bar.
5. Industrial, trade or vocational schools and similar uses.
6. Open yards for the storage or sale of lumber and building materials.
7. Coal loading facilities with adequate environmental controls.
D. Uses Not Permitted. In furtherance of the policy of this Title prohibiting uses and classes of uses not specifically allowed hereinabove as a permitted use or a special use, but not by way of limitation, the following uses shall not be permitted in the LI Light Industrial District:
1. Cement, lime, gypsum, rockwall, or plaster of paris manufacture.
2. Acid manufacture.
3. Explosive manufacture or storage.
4. Glue manufacture, fat rendering, distillation of bones, fertilizer manufacture.
5. Petroleum refining or bulk storage of explosive products.
6. Milling or smelting of ores.
7. Garbage, offal, or dead animal reduction or dumping.
8. Stockyards, feeding yards, or slaughter of animals.
9. Bulk storage of liquid petroleum gases and manufacture of liquid petroleum gases or petroleum products.
10. Other uses similar or like the above.
(Ord. 60, Art. IV, §401.5, 1983)
<strong> </strong><strong>14.04.200 District I – Industrial.</strong>
A. Intent. The Industrial Zone District is intended to encourage non-polluting industrial activities designed to meet acceptable locally established standards for noise and odor impacts. (Amended Ord. 110, §2 (part), 2007; Amended Ord. 1, §2, 2017)
B. Permitted Uses.
1. Colleges and vocational schools
(Ord. 60, Art. IV, §401.6(b)(1), 1983; Amended Ord. 74, §4, 1990; Amended Ord. 110, §2 (part), 2007; Amended Ord. 1, §2(part), 2017)
2. Public buildings
(Ord. 60, Art. IV, §401.6(b)(2), 1983; Amended Ord. 74, §5, 1990; Amended Ord. 110, §2 (part), 2007; Amended Ord. 1, §2(part), 2017)
3. Medical and dental clinics
4. Hospitals or mental hospitals
5. Counseling and rehabilitation centers
6. Cemeteries
7. Golf courses and driving ranges
8. Parks, lakes, reservoirs, greenways
9. Utility service facilities (underground)
10. Hotels, motels, lodges, bed and breakfast facilities
11. General offices
12. Commercial parking
13. Swimming pools
14. Indoor recreation
15. Retail sales and service establishments
16. Self service storage facilities
17. Vehicle repair and service facilities
18. Manufacturing and production businesses
19. Warehouse and freight movement facilities
20. Wholesale businesses
21. Retail marijuana cultivation facilities
22. Retail marijuana product manufacturing facilities
23. Retail marijuana testing facilities
24. Medical marijuana cultivation facilities
C. Use by Special Review. The following uses may be permitted by special review pursuant to Section 14.04.110 of the Land Use Regulations, as amended:
1. Detention facilities
2. Funeral homes, mortuaries, crematories
3. Public safety and emergency response facilities
4. Transmission lines (above ground)
5. Utility treatment, production or service facilities
6. Shooting ranges
7. Truck stop/travel plaza/truck parking facilities
8. Impound Lots
9. Heavy equipment/pipe storage yards
10. Waste related/recycling uses
11. Sexually oriented businesses
12. Oil and gas drilling and related service facilities and storage
13. Sand or gravel extraction, processing or storage
14. All other mining extraction
15. Telecommunications facilities and towers
16. Junk yards
17. Tire recapping and storage facilities
18. Animal clinic/hospital/boarding/sales facilities
19. Manufactured building sales and service businesses
(Ord. 60, Art. IV, §401.5, 1983; Amended Ord. 110, §2, 2007; Amended Ord. 1, §2, 2017)
</dd>
<dt>14.06 Subdivisions</dt>
<dd>
<strong>14.06.010 General Provisions.</strong>
<strong>14.06.020 Intent.</strong>
<strong>14.06.030 Administration.</strong>
<strong>14.06.040 Types of Subdivisions.</strong>
<strong>14.06.050 Sketch Plan.</strong>
<strong>14.06.060 Preliminary Plat.</strong>
<strong>14.06.070 Final Plat.</strong>
<strong>14.06.080 Concurrent Sketch Plan/Preliminary Plat.</strong>
<strong>14.06.090 Minor Subdivision Plat</strong>
<strong>14.06.100 Plot Plan.</strong>
<strong>14.06.110 Site Plan.</strong>
<strong>14.06.120 Amendment to Recorded Plats.</strong>
<strong>14.06.130 Resubdivision.</strong>
<strong>14.06.140 Vacation of Rights-of-Way/Easement</strong>
<strong>14.06.150 Subdivision Improvements and Development Agreements.</strong>
<strong>14.06.010 General Provisions.</strong><strong> </strong>
The provisions of this Chapter, the Subdivision Regulations, in conjunction with the Zoning Code, shall apply to any and all development of land within the municipal boundaries of the Town, unless expressly and specifically exempted or provided otherwise in these Regulations. No development shall be undertaken without prior and proper approval or authorization pursuant to the terms of these Regulations in conjunction with the Zoning Code. All development shall comply with the applicable terms, conditions, requirements, standards and procedures established in these Regulations in conjunction with the Zoning Code.
Except as herein provided, no building, structure or land shall be used and no building or structure or part thereof shall be erected, constructed, reconstructed, altered, repaired, moved or structurally altered except in conformance with the regulations herein specified for the district in which it is located, nor shall a yard, lot or open space be reduced in dimensions or area to an amount less than the minimum requirements set forth herein.
These Regulations in conjunction with the Zoning Code, establish procedural and substantive rules for obtaining the necessary approval to develop land and construct buildings and structures. Development applications will be reviewed for compliance with the Town Comprehensive Plan and with adopted regulations, policies and other guidelines.
<strong>14.06.020 Intent.</strong>
A. This Chapter is designed and enacted for the purpose of promoting the health, safety, convenience, order, prosperity and welfare of the present and future inhabitants of the Town by:
1. Encouraging new subdivision developments to relate to the Town’s historic development pattern.
2. Promoting compact, well-defined, sustainable neighborhoods that enhance Town’s character.
3. Creating livable neighborhoods that foster a sense of community.
4. Encouraging the proper arrangement of streets in relation to existing or planned streets and ensuring streets facilitate safe, efficient and pleasant walking, biking and driving.
5. Providing a variety of lot sizes and housing types.
6. Protecting sensitive natural and historic areas and Town’s environmental quality.
7. Providing for adequate and convenient open spaces for traffic, utilities, access of fire apparatus, recreation, light and air.
8. Providing open spaces for adequate storm water management if necessary.
9. Providing protection from geologic hazards and flood prone areas.
10. Ensuring compliance with the Zoning Code, the Town Comprehensive Plan and the Community Design Principles and Development Standards.
11. Regulating such other matters as the Town Council may deem necessary in order to protect the best interest of the public.
<strong>14.06.030 Administration.</strong>
All plans of streets or highways for public use, and all plans, plats, plots and replats of land laid out in subdivision or building lots, and the streets, highways, alleys or other portions of the same intended to be dedicated to a public use or the use of purchasers or owners of lots fronting thereon or adjacent thereto, shall be submitted to the Town Council for review and subsequent approval, conditional approval or disapproval. No plat shall be recorded in any public office unless the same shall bear thereon, by endorsement or otherwise, the approval of the Town Council. Acceptance of proposed dedications by the public shall be given by separate action of the Town Council.
<strong> </strong><strong>14.06.040 Types of Subdivisions.</strong>
A. Major Subdivisions.
1. Definition. A major subdivision is permitted when any one or more of the following conditions exist:
a. Dedication of public right-of-way or other public tracts; or
b. The entire tract to be subdivided is greater than ten (10) acres; or
c. The resultant subdivision will produce more than ten (10) lots.
2. Major Subdivision Process. The major subdivision process is as follows (for more details refer to Sections 14.06.050 – 14.06.070):
a. Sketch Plan.
i.
Pre-Application Conference.
ii.
Planning Commission Visioning Meeting.
iii.
Application Submittal.
iv.
Staff Certifies Application is Complete.
v.
Planning Commission Review.
vi.
Town Council Action.
b. Preliminary Plat.
i.
Pre-Application Conference.
ii.
Application Submittal.
iii.
Staff Certifies Application is Complete.
iv.
Staff Refers Application to Parties of Interest.
v.
Letters of Support and Commitment to Serve.
vi.
Staff Reviews Application and Prepares Comments.
vii.
Applicant Addresses Staff Comments.
viii.
Final Staff Review and Report to Planning Commission.
ix.
Town Schedules Public Hearing and Completes Public Notification Process.
x.
Planning Commission Public Hearing and Recommendation.
xi.
Applicant Addresses to any Conditions of Approval.
xii.
Town Council Action.
c. Final Plat.
i.
Application Submittal.
ii.
Staff Certifies Application is Complete.
iii.
Staff Refers Application to Parties of Interest.
iv.
Staff Reviews Application and Prepares Comments.
v.
Applicant Addresses Staff Comments.
vi.
Final Staff Review and Report to Planning Commission.
vii.
Town Schedules Public Hearing and Completes Public Notification Process.
viii.
Planning Commission Public Hearing and Recommendation.
ix.
Applicant Addresses Planning Commission Conditions of approval.
x.
Staff Notifies Parties of Interest.
xi.
Town Schedules Public Hearing and Completes Public Notification Process.
xii.
Town Council Public Hearing and Action.
xiii.
Record Final Plat.
xiv.
Post Approval Actions.
3. Concurrent Sketch Plan/Preliminary Plat Process. Major subdivisions may also choose to submit a sketch plan and preliminary plat concurrently (for more details refer to Section 14.06.080):
a. Sketch Plan/Preliminary Plat.
i.
Pre-Application Conference.
ii.
Site Visit with Town Representative.
iii.
Planning Commission Visioning Meeting.
iv.
Application Submittal.
v.
Staff Certifies Application is Complete.
vi.
Staff Refers Application to Parties of Interest.
vii.
Letters of Support and Commitment to Serve.
viii.
Staff Reviews Application and Prepares Comments.
ix.
Applicant Addresses Staff Comments.
x.
Final Staff Review and Report to Planning Commission.
xi.
Town Schedules Public Hearing and Completes Public Notification Process.
xii.
Planning Commission Public Hearing and Recommendation.
xiii.
Applicant Responds to Conditions of Approval.
xiv.
Town Council Action.
b. Final Plat.
i.
Application Submittal.
ii.
Staff Certifies Application is Complete.
iii.
Staff Refers Application to Parties of Interest.
iv.
Staff Reviews Application and Prepares Comments.
v.
Applicant Addresses Staff Comments.
vi.
Final Staff Review and Report to Planning Commission.
vii.
Town Schedules Public Hearing and Completes Public Notification Process.
viii.
Planning Commission Public Hearing and Recommendation.
ix.
Applicant Addresses Planning Commission Conditions.
x.
Staff Notifies Parties of Interest.
xi.
Town Schedules Public Hearing and Completes Public Notification Process.
xii.
Town Council Public Hearing and Action.
xiii.
Record Final Plat.
xiv.
Post Approval Actions.
Figure 4.1 (below)
B. Minor Subdivisions.
1. Definition. A minor subdivision is permitted under the following circumstances:
Option 1:
a. The property has previously been platted within the Town;
b. There is no public right-of-way dedication;
c. The entire tract to be subdivided is ten (10) acres or less in size;
d. The resulting subdivision will produce ten (10) or fewer lots; and
e. There will be no exceptions to the Subdivision Design Standards.
Option 2:
a. The property is to be subdivided in order to split the parcel and convey a portion of it as a separate tract; and
b. There is no public right-of-way dedication.
2. Process. The minor subdivision process is as follows (for more details refer to Section 14.06.100):
a. Pre-Application Conference.
b. Application Submittal.
c. Staff Certifies Application is Complete.
d. Staff Refers Application to Parties of Interest.
e. Letters of Support and Commitment to Serve.
f. Staff Reviews Application and Prepares Comments.
g. Applicant Responds to Staff Comments.
h. Town Schedules Public Hearing and Completes Public Notification Process.
i. Planning Commission Public Hearing and Recommendation.
j. Applicant Responds to Planning Commission Conditions of Approval.
k. Town Council Action.
l. Record Minor Subdivision Plat.
<strong> </strong><strong>14.06.050 Sketch Plan.</strong>
A. Sketch Plan Purpose. The sketch plan process is collaborative from the onset. The purpose of the sketch plan is two-fold. First, it provides the Town the opportunity to describe the community’s vision to the applicant. Second, it gives the applicant an opportunity to discuss his/her development plans, explain how the plans will further the community’s vision and obtain input and direction from the Planning Commission and Town Council early in the process. The ultimate goal of this process is to help the applicant develop a plan that fosters the community’s vision.
B. Sketch Plan Application Process.
1. Step 1: Pre-Application Conference. A pre-application conference with a representative from the Town is required before the applicant may submit a sketch plan application. The purpose of the meeting is to allow the applicant to discuss his/her ideas for developing the property and to give the Town the opportunity to communicate the Town’s vision. Topics to be discussed will include:
a. Applicant’s goals for the property.
b. Town vision and expectations.
c. Community Design Principles and Development Standards.
d. The character and quality of development the Town is seeking.
e. Town regulations and standards.
f. The application and review process.
g. Submittal requirements.
h. Schedule.
2. Step 2: Planning Commission Visioning Meeting. This is intended to be a collaborative meeting between the Planning Commission and the developer to ensure that all new development is consistent with the community’s goals and that issues are identified early in the development process. Topics that may be addressed in this meeting include:
a. How the proposed project is consistent with the Town Comprehensive Plan and the Subdivision Regulations (Chapter 14.06 of this Code).
b. The developer’s goals and vision for the project.
c. How the proposed development incorporates variety in the type, design and siting of buildings.
d. How the proposed subdivision will be connected to and integrated with surrounding natural and developed areas.
e. How the project will impact neighboring properties (i.e., water drainage, traffic circulation, environmental impacts, view corridors).
f. How the design is cost-effective and environmentally responsive to site features and constraints and how potential impacts to natural systems will be mitigated.
g. How the design capitalizes on natural and cultural assets on and around the site to build a positive and distinctive identity.
h. How the proposal promotes the efficient use of land and public streets, utilities and governmental services.
i. Applicants should bring the following items to the meeting:
i. Context/Vicinity Map – which shows the proposed development in relation to the surrounding area (see Section 14.06.050 for details).
ii. Base Map – which shows the site features (such as topography, ditches, drainageways, wildlife habitat, trees and view corridors).
iii. Images (such as photographs, sketches and/or plans) which illustrate the project intention. For example, an applicant might bring pictures of:
a) important architectural elements (such as a porch, vertical windows, mother-in-law units);
b) proposed architectural styles;
c) ideas for landscaping features such as a xeriscape garden entryway;
d) streetscape components which contribute to the project’s character;
e) a special tree on the property;
f) examples of signs that promote the development’s identity; and
g) anything else that illustrates what the developer is trying to create.
3. Step 3: Sketch Plan Application Submittal. The applicant shall submit one (1) copy of the complete sketch plan application package to the Town Clerk and shall request that the application be reviewed by the Planning Commission and Town Council. The application must be submitted a minimum of three (3) weeks prior to the Planning Commission meeting at which the application will be reviewed. The sketch plan application package shall include the following items:
a. Land Use Application Form.
b. Subdivisions - Technical Criteria Form.
c. Application Fee and Fee Agreement. A non-refundable fee is collected to cover the cost of review by the Town Attorney, Town Engineer, Town Planner and any other expert whom the Town may wish to employ; and notice and publication expenses. Actual costs may exceed the deposit; in this case, the applicant is liable for costs in excess of the application fee according to the fee agreement. The Town shall provide applicants with a copy of the most current fee schedule and fee agreement form.
d. Title Commitment. The title commitment must be current and the date must be no more than thirty (30) days from the date of sketch plan application submittal.
e. Context/Vicinity Map. The context/vicinity map shall show the proposed development in relation to the surrounding area (one and one-half [1½] mile radius around the property). The map shall be twenty-four (24) inches high by thirty-six (36) inches wide and provide the following information:
i. Title of project.
ii. North arrow, scale (not greater than 1" = 1000') and date of preparation.
iii. Boundary of proposed project.
iv. Existing (for developed land) or proposed (for vacant/agricultural land) land uses for the properties shown on the map (i.e. residential, commercial, industrial, park, etc.) -- label land use and whether it is existing or proposed.
v. Major streets (show and label street names).
vi. Existing public water and sewer lines and proposed connections.
vii. Regional open space/trail networks per the Town Comprehensive Plan.
viii. Major ditches, rivers and bodies of water.
ix. Adjacent properties identified by subdivision name or zoning district.
f. Sketch Plan. The sketch plan shall be twenty-four (24) inches high by thirty-six (36) inches wide and may be a free hand drawing in a legible medium that clearly shows:
i. Title of project.
ii. North arrow, scale (not greater than 1" = 200') and date of preparation.
iii. Vicinity map.
iv. Legal description.
v. Acreage of property.
vi. USGS topographic contours.
vii. Location and approximate acreage of proposed land uses.
viii. Existing easements and rights-of-way on or adjacent to the property
ix. Existing streets on or adjacent to the property (show and label street name).
x. Note indicating how the eight (8) percent public/semi-public dedication will be met.
xi. Table providing the following information for each proposed land use area: total acreage; proposed density or floor area ratio; proposed number of dwelling units; and approximate size of proposed residential lots.
xii. Proposed collector and arterial streets.
xiii. General locations of existing utilities on or adjacent to the property.
xiv. Graphic and/or verbal explanation of how the property will be served with utilities.
xv. Location of any proposed sewer lift stations.
xvi. Trails - show how the development will tie into any regional trails network.
xvii. Floodplain boundary with a note regarding the source of information (if a floodplain does not exist on the property, please state this on the plan).
xviii. Geologic hazard areas.
xix. Existing and proposed zoning on and around the property.
xx. Land use table - the table shall include: land uses, approximate acreage of each land use and percentage of each land use.
g. Conceptual Landscape Plan.
h. Conceptual Open Space and Ecological Characterization Plan.
i. General Development Information. Provide a written description of the existing conditions on the site and the proposed development. Include the following items in the description:
i. Design rationale - discuss how the development is connected to/integrated with surrounding area, how it responds to site features/constraints.
ii. Proposed number of residential lots or dwelling units, typical lot width and depth, price ranges of lots and dwelling units (not needed if information is shown on the sketch plan).
iii. General description of plan for drainage and storm water management.
iv. Water supply information including: the number of water taps needed; the amount of raw water that will be provided to the Town and the source of the water (if part of annexation, source of raw water).
v. Statement indicating whether or not any commercial mineral deposits are located on the site.
vi. Description of any floodplain hazards on the site (only if additional information is needed than what is shown on the sketch plan map).
vii. Show how the proposed development complies with the Town Comprehensive Plan.
j. Soils Report and Map. The report and map shall be based on USDA Soils Conservation Service information and discuss the existing conditions and any potential constraints/hazards. The report shall also address groundwater issues.
k. Geologic Report. This report is required only for areas that have the potential for subsidence. It must be prepared by either a registered professional engineer or professional geologist and the professional must have experience in mine subsidence. The report shall address:
i. Site conditions;
ii. Geologic conditions;
iii. Engineering and geologic considerations; and
iv. Limitations and any necessary additional investigations.
4. Step 4: Application Certification of Completion. Within a reasonable period of time, Staff shall either certify the application is complete and in compliance with all submittal requirements or reject it as incomplete and notify the applicant of any deficiencies. Applicant shall then correct any deficiencies in the application package, if necessary, and submit the required number of copies of the application (as specified in the Sketch Plan Technical Criteria form) to the Town Clerk. The original application and all documents requiring a signature shall be signed in blue ink.
5. Step 5: Planning Commission Review. At the next available meeting, the Planning Commission shall review the sketch plan application and provide input regarding how well the project addresses the sketch plan review criteria. The Planning Commission will then recommend to the Town Council approval, approval with conditions or denial.
6. Step 6: Town Council Action. The Town Council shall review the sketch plan at its next available meeting, and shall approve, conditionally approve or deny the application based on how well the application addresses the sketch plan review criteria.
C. Sketch Plan Review Criteria. The Town shall use the following criteria to evaluate the applicant’s sketch plan application:
1. The land use mix within the project conforms to Town’s Zoning District Map and furthers the goals and policies of the Town Comprehensive Plan including:
a. The proposed development promotes Town’s small town, rural character;
b. Proposed residential development adds diversity to Town’s housing supply;
c. Proposed commercial development will benefit Town’s economic base;
d. Parks and open space are incorporated into the site design;
e. The proposed project protects Town’s environmental quality; and
f. The development enhances cultural, historical, educational and/or human service opportunities.
2. The sketch plan represents a functional system of land use and is consistent with the rationale and criteria set forth in this Code and the Town Comprehensive Plan.
3. The utility and transportation design is adequate, given existing and planned capacities of those systems.
4. Negative impacts on adjacent land uses have been identified and satisfactorily mitigated.
5. There is a need or desirability within the community for the applicant’s development and the development will help achieve a balance of land use and/or housing types within Town, according to Town’s goals.
<strong> </strong><strong>14.06.060 Preliminary Plat.</strong>
A. Preliminary Plat Purpose. The purpose of the preliminary plat is to provide the Town with an overall master plan for the proposed development.
B. Preliminary Plat Application Process.
1. Step 1: Pre-Application Conference. A pre-application conference with a representative from the Town is required before the applicant may submit a preliminary plat application. Topics to be discussed will include:
a. Town regulations and standards;
b. The application and review process;
c. Submittal requirements; and
d. Schedule.
2. Step 2: Preliminary Plat Application Submittal. Upon approval or conditional approval of the sketch plan, the applicant shall submit one (1) copy of the complete preliminary plat application to the Town Clerk. The application must be submitted a minimum of sixty (60) days prior to the Planning Commission meeting at which the application will be reviewed. The application must be submitted not more than twelve (12) months after approval of the sketch plan unless otherwise approved by the Town Council. The preliminary plat application package shall include the following items:
a. Land Use Application Form.
b. Subdivisions - Technical Criteria Form (from Workbook).
c. Application Fee and Fee Agreement. A non-refundable fee is collected to cover the cost of review by the Town Attorney, Town Engineer, Town Planner and any other expert whom the Town may wish to employ; and notice and publication expenses. Actual costs may exceed the deposit; in this case, the applicant is liable for costs in excess of the deposit. The Town shall provide applicants with a copy of the most current fee schedule and fee agreement form.
d. Title Commitment. The title commitment must be current and dated no more than thirty (30) days from the date of preliminary plat application submittal.
e. Surrounding and Interested Property Ownership Report. Provide the Town Clerk with a current list (not more than thirty [30] days old) of the names and addresses of the surrounding property owners (within three hundred [300] feet of the property), 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.
f. Preliminary Plat. The preliminary plat shall be twenty-four (24) inches high by thirty-six (36) inches wide and provide the following information:
i. Title of project.
ii. North arrow, scale (not greater than 1" = 100') and date of preparation.
iii. Vicinity map.
iv. Names and addresses of owners, applicant, designers, engineers and surveyors.
v. Legal description.
vi. Total acreage of property.
vii. Existing contours at two (2) foot intervals (contours shall be based on USGS datum).
viii. Name and location of abutting subdivisions or owners of abutting property (if land is not platted).
ix. Lots, blocks, and street layout with approximate dimensions and square footage for each lot.
x. Consecutive numbering of all lots and blocks.
xi. Existing and proposed rights-of-way and easements on and adjacent to the property.
xii. Existing and proposed street names for all streets on and adjacent to the property.
xiii. Existing and proposed zoning on and adjacent to property.
xiv. Location and size of existing and proposed sewer lines, water lines and fire hydrants. (Note: Applicant must consult with the appropriate utility service providers regarding the design of all utilities through the subdivision.)
xv. Existing and proposed curb cuts on and adjacent to subject property.
xvi. Location by field survey or aerial photography of existing and proposed water courses and bodies of water such as irrigation ditches and lakes or ponds. Water courses shall include direction of flow.
xvii. Floodplain boundary with a note regarding source of information (if a floodplain does not exist on the property, please state this on the plan).
xviii. General location of existing surface improvements such as buildings, fences or other structures which will remain on the property as part of the subdivision.
xix. Location and acreage of sites, if any, to be dedicated for parks, playgrounds, schools or other public uses.
xx. Location, function, ownership and manner of maintenance of any private open space.
xxi. Land use table - the table shall include: land uses, approximate acreage of each land use, and percentage of each land use (including how twelve [12] percent public/semi-public requirement will be met).
xxii. Total number of lots.
xxiii. Number of each type of dwelling unit proposed.
g. General Development Information. Provide a written description of the existing conditions on the site and the proposed development. Include the following items:
i. Explanation of how the preliminary plat is consistent with the sketch plan, and if there are any differences, what they are and how the plan is still consistent with the community’s vision.
ii. Explanation of how the items of concern expressed by the Planning Commission and Town Council, at the time of sketch plan review, have been addressed.
iii. Explanation of how the plan is consistent with the Town Land Use Code and Town Comprehensive Plan.
h. Preliminary Grading and Drainage Plan and Report. This plan and report must be certified by a Colorado registered professional engineer, including storm drainage concepts such as locations for on-site detention or downstream structural improvements and soil erosion and sedimentation control plans and specifications. It must also discuss the impacts on and to any existing floodways and/or floodplains on and adjacent to the site as well as any FEMA applications required.
i. Master Utility Plan. This plan shall be prepared by a registered professional engineer. It is necessary that the engineer consult with the appropriate utility service providers regarding the design of all utilities through the subdivision.
j. Preliminary Landscape Plan.
k. Preliminary Open Space and Ecological Characterization Plan. Refer to Section 14.08.100 of the Town Land Use Code for the preliminary open space plan and ecological characterization requirements.
l. Traffic Study. This study must be prepared by a professional traffic engineer.
m. Draft of Proposed Covenants and Architectural Design Guidelines.
n. Mineral, Oil and Gas Rights Documentation. Evidence that the surface owner has contacted all lessees of mineral, oil and gas rights associated with the site and is working towards resolution. Included in the evidence must be the name of the current contact person, their phone number, and mailing address.
o. Soils Report and Map. A copy of the soils report and map provided at the time of sketch plan must be provided to some of the review agencies.
p. Geologic Report. If a geologic report was prepared at the time of sketch plan must be provided to some of the review agencies.
q. Colorado Historical Society Records Search. At the discretion of the Town Staff or Town Council, an applicant may be required to provide the Town with a Colorado Historical Society records listing historically or archaeologically significant findings on the property being subdivided. If a listing shows a significant finding, a site-specific historic survey is required. The survey shall provide the following information:
i. Site identification:
a) State site number;
b) Site address;
c) Site location/access’
d) Type and description of finding (what is historic); and
e) Owner’s name and address.
ii. Eligibility assessment for historic designation.
iii. Statement of significance.
iv. Management and administrative data:
a) References;
b) Photographs of site;
c) Maps of the site;
d) Name, address, phone number and qualifications of person completing survey; and
e) Date of completion of survey.
If, in coordination with the applicant, the Town Council decides to protect an historic resource, a protection plan must be devised.
r. Public Hearing Notification Envelopes. Provide the Town Clerk with one (1) set of stamped, addressed, certified (return receipt requested) envelopes. The envelopes shall have the Town’s address as the mailing address and return address and the envelopes shall be addressed to the surrounding property owners (within three hundred [300] feet of the property), mineral interest owners of record, mineral and oil and gas lessees for the property, and the appropriate referral agencies (as discussed in pre-application conference).
3. Step 3: Application Certification of Completion. Within a reasonable period to time, Staff shall either certify the application is complete and in compliance with all submittal requirements or reject it as incomplete and notify the applicant of any deficiencies. Applicant shall then correct any deficiencies in the application package, if necessary, and submit the required number of copies of the application (as specified in the Preliminary Plat Technical Criteria form) to the Town Clerk. The original application and all documents requiring a signature shall be signed in blue ink.
4. Step 4: Refer Application to Parties of Interest. Not less than forty-five (45) days before the date scheduled for the initial public hearing, Staff shall send information about the application by certified mail to: adjacent municipalities, Moffat County, surrounding property owners within three hundred (300) feet, mineral interest owners of record, mineral and oil and gas lessees for the property, and other parties of interest. The referral information shall include the time and place of the public hearing, the nature of the hearing, the location of the subject property, and the applicant’s name.
5. Step 5: Letters of Support and Commitment to Serve. Within thirty (30) days from the date the application is deemed complete, the applicant shall provide the Town with letters of support and commitment to serve from all agencies identified at the pre-application conference.
6. Step 6: Staff Reviews Application and Prepares Comments. Staff will complete a review of the preliminary plat based on the preliminary plat review criteria and referral comments received. Staff will then prepare a report identifying issues of concern for the applicant to address and forward this report to the applicant.
7. Step 7: Applicant Addresses Staff Comments. The applicant shall submit the following to the Town Clerk:
a. Letter explaining how all of the comments have been addressed; and
b. Revised maps and other documents (if any).
8. Step 8: Final Staff Review and Report to Planning Commission. Staff will complete a final review of the resubmitted materials and then prepare a report to the Planning Commission explaining how the application is or is not consistent with the preliminary plat review criteria.
9. Step 9: Schedule Preliminary Plat Public Hearing and Complete Public Notification Process. The Planning Commission shall schedule a public hearing for the purpose of taking action on the preliminary plat. The Town Clerk shall publish notice in a newspaper of general circulation. The hearing may be held no less than thirty (30) days from the date of advertising.
10. Step 10: Planning Commission Public Hearing and Recommendation. The Planning Commission shall hold a public hearing to review the application based on the preliminary plat review criteria. The Planning Commission shall then make a recommendation to the Town Council to approve, conditionally approve, or deny the application.
11. Step 11: Applicant Addresses Planning Commission Conditions. The applicant shall revise the preliminary plat based on the Planning Commission’s conditions of approval and submit it to the Town.
12. Step 12: Town Council Action. The preliminary plat shall be presented to the Town Council for its review and action. The Town Council may approve, conditionally approve or deny the preliminary plat based on the preliminary plat review criteria. Approval and conditional approval of a preliminary plat shall be effective for one (1) year unless otherwise approved by the Town Council. If the plat is denied, the request or one that is substantially similar may not be heard by the Planning Commission for a period of one (1) year from the date of denial unless otherwise approved by the Planning Commission. If a final plat is not submitted within said time limit or an extension has not been granted, a preliminary plat must again be submitted before action may be taken on a final plat.
C. Preliminary Plat Review Criteria. The Town shall use the following criteria to evaluate the applicant’s request:
1. The preliminary plat represents a functional system of land use and is consistent with the rationale and criteria set forth in this Code and the Town Comprehensive Plan.
2. The application is consistent with the approved sketch plan and incorporates the Planning Commission’s recommendations and conditions of approval.
3. The land use mix within the project conforms to Town’s Zoning District Map and furthers the goals and policies of the Town Comprehensive Plan including:
a. The proposed development promotes the Town’s small town, rural character;
b. Proposed residential development adds diversity to Town’s housing supply;
c. Proposed commercial development will benefit Town’s economic base;
d. Parks and open space are incorporated into the site design;
e. The proposed project protects Town’s environmental quality; and
f. The development enhances cultural, historical, educational and/or human service opportunities.
4. The utility and transportation design is adequate, given existing and planned capacities of those systems.
5. Negative impacts on adjacent land uses have been identified and satisfactorily mitigated.
6. There is a need or desirability within the community for the applicant’s development and the development will help achieve a balance of land use and/or housing types within Town, according to Town’s goals.
<strong> </strong><strong>14.06.070 Final Plat.</strong>
A. Final Plat Purpose. The purpose of the final plat is to complete the subdivision of land consistent with the technical standards.
B. Final Plat Application Process.
1. Step 1: Final Plat Application Submittal. The final plat application shall conform with the preliminary plat as approved at the public hearing and shall address all conditions of approval required by the Town Council. The final plat application for the first phase of development must be submitted not more than twelve (12) months after approval of the preliminary plat unless otherwise approved by the Town Council. In addition, the application must be submitted a minimum of sixty (60) days prior to the Town Council meeting at which the application will be reviewed. The applicant shall submit one (1) copy of the complete final plat application package to the Town Clerk and shall request that the application be reviewed by the Planning Commission and Town Council. The final plat application shall include:
a. Land Use Application Form.
b. Application Fee and Fee Agreement. A non-refundable fee is collected to cover the cost of review by the Town Attorney, Town Engineer and any other expert whom the Town may wish to employ; notice and publication expenses; and recording fees. Actual costs may exceed the deposit; in this case, the applicant is liable for costs in excess of the deposit. The Town shall provide applicants with a copy of the most current fee schedule and fee agreement form.
c. Title Commitment. The title commitment must be current and dated no more than thirty (30) days from the date of final plat application submittal.
d. Surrounding and Interested Property Ownership Report. Provide the Town Clerk with a current list (not more than thirty [30] days old) of the names and addresses of the surrounding property owners (within three hundred [300] feet of the property), 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.
e. Final Plat. The final plat drawing shall comply with the following standards:
i. The plat shall be prepared by or under the direct supervision of a registered land surveyor and meet applicable State of Colorado requirements.
ii. Parcels not contiguous shall not be included in one (1) plat, nor shall more than one (1) plat be made on the same sheet. Contiguous parcels owned by different parties may be included on one (1) plat, provided that all owners join in the dedication and acknowledgment.
iii. Lengths shall be shown to the nearest hundredth of a foot and bearings shall be shown in degrees, minutes and seconds.
iv. The perimeter survey description of proposed subdivision shall include at least one (1) tie to an existing section monument of record and a description of monuments. The survey shown shall not have an error greater than one (1) part in ten thousand (10,000).
v. Bearings, distances and curve data of all perimeter boundary lines shall be indicated outside the boundary line, not inside, with the lot dimensions.
vi. All signatures shall be made in black drawing ink.
vii. The final plat shall be twenty‑four (24) inches high by thirty‑six (36) inches wide and shall provide the following information:
a) Title of project.
b) North arrow, scale (not greater than 1"=100') and date of preparation.
c) Vicinity map.
d) Legal description.
e) Basis for establishing bearing.
f) Names and addresses of owners, applicant, designers, engineers and surveyors.
g) Total acreage of subdivision.
h) Bearings, distances, chords, radii, central angles and tangent links for the perimeter and all lots, blocks, rights-of-way and easements.
i) Lot and block numbers, numbered in consecutive order, and square footage of each lot or tract.
j) Excepted parcels from inclusion noted as “not included in this subdivision” and the boundary completely indicated by bearings and distances.
k) Existing and proposed rights-of-way in and adjacent to subject property (labeled and dimensioned).
l) Existing and proposed street names for all streets on and adjacent to the property.
m) Existing and proposed easements and their type in and adjacent to subject property (labeled and dimensioned).
n) Location and description of monuments.
o) Floodplain boundary with a note regarding source of information (if a floodplain does not exist on the property, please state this on the plat).
p) Signature block for certification of approval by the Planning Commission with a signature for the Planning Commission Chair.
q) Signature block for registered land surveyor certifying to accuracy of boundary survey and plat.
r) Signature block for certification of approval by the Town Council with a signature for the Mayor and Town Clerk.
s) Signature blocks for utility providers.
t) Certification of ownership and dedication of streets, rights-of-way, easements and public sites.
g. General Development Information. Provide a written description confirming that the final plat conforms with the preliminary plat. In addition, the description shall address how the proposed development conforms with the Development Standards.
h. Complete Engineering Plans and Specifications.
i. Construction Plans and Profiles. The Plans and Profiles shall be prepared by a registered professional engineer licensed in the State of Colorado, shall be twenty‑four (24) inches high by thirty‑six (36) inches wide and provide the following information:
a) The horizontal to vertical scales shall be chosen to best depict the aspects of the design.
b) Minimum horizontal scale: 1"=100'.
c) Minimum vertical scale: 1"=10'.
d) The typical road geometric and structural cross‑section is to be shown on each plan sheet.
e) The plan must show right‑of‑way lines and widths, road names, lot lines, tangent lengths and bearings, curve radii, delta angles, curve lengths, chord lengths and bearings, stationing at all beginning of curves and end of curves, intersections, structures, angles, curb lines, cross pans, traffic control devices (islands, striping, signs, etc.), drive cuts, curb returns and radii, and all other features to enable construction in accordance with approved standards and standard engineering practice. Construction plans shall also include water, sewer, sanitary sewer and any other utilities such as irrigation ditches. (Note: The developer/owner is responsible for coordinating with the appropriate dry utility companies (i.e. gas, electric, telephone, cable).
f) The profiles shall include ground lines, grade lines of curb and gutter or centerline of street elevation at point of intersection of vertical curves, intersections and other critical points, structures, and all other features required to enable construction in accordance with approved standards.
ii. Structure Details. Sufficient data shall be given to construction of major structures and road appurtenances such as bridges, culverts, gutters, drives, walks, cross pans, etc.; detail shall include orientation line and grade, cross-sections, dimensions, reinforcement schedules, materials, quality specification, etc.
iii. Sewage Collection and Water Supply Distribution Plans, Profiles and Specifications. The plans, profiles and specifications shall be prepared by a registered professional engineer.
iv. Final Drainage Plans and Reports. Based upon the approved preliminary drainage plan, a final report is to be submitted in accordance with applicable storm drainage design criteria as determined at the initial pre-application conference. The plan and report must provide:
a) Cross-sections of each water carrier showing high water elevations for one hundred (100) year run‑off and adjacent features that may be affected thereby.
b) Written approvals, as may be required, from other agencies or parties that may be affected by the drainage proposals (i.e., FEMA, County, ditch companies).
c) Supporting calculations for run‑offs, times of concentration, flow capacity with all assumptions clearly stated with proper jurisdiction when needed or requested.
d) Erosion control plans, when required, to be submitted as a result of preliminary plan review.
v. Final Grading Plan. The final grading plan shall be twenty‑four (24) inches high by thirty‑six (36) inches wide and illustrate existing and proposed contours and lot and block grading details (per FHA requirements if FHA insured).
vi. Soils Reports. The soils reports shall detail special foundation requirements (shall be submitted after overlot grading is complete) and pavement design (may be submitted prior to building permit).
vii. Final Street Lighting Plan. A final street lighting plan shall be prepared in conjunction with electric utility and the Town. The plan must specify the number, kind and approximate location of street lights.
i. Final Landscape Plan.
j. Final Open Space and Ecological Characterization.
k. Special Documents (as Needed)
i. Special improvement district documents (if any).
ii. Maintenance bonds.
iii. Special agreements (as may be required by the Town).
iv. Work in Right-of-Way Permit (from Town).
v. Floodplain Use Permit (from Town).
vi. Grading Permit (from Town).
vii. State Highway Utility Permit (from Colorado Department of Transportation).
viii. State Highway Access Permit (from Colorado Department of Transportation).
ix. Construction Dewatering Permit (from Colorado Department of Public Health and Environment).
x. 404 Permit (from Army Corps of Engineers).
xi. Air Pollution Emission Notice (APEN) (from Colorado Department of Public Health and Environment).
xii. Work in Ditch Right-of-Way Permit (from individual ditch companies).
xiii. Rare Species Occurrence Survey (from U.S. Fish and Wildlife Service).
xiv. Development Agreement for Public Improvements - This agreement assures construction of the required improvements. This document shall be signed by the developer and the Town, the signatures shall be notarized, and the document shall be recorded by the Town Clerk with the Moffat County Clerk and Recorder.
xv. General Warranty Deed - This deed conveys to the Town all public lands other than streets shown on the plat or, in lieu of a deed, a check in an amount to be determined by the Town. Such public lands may also be dedicated to the Town on the final plat.
xvi. Improvements Guarantee - Cash, certified check, or a letter of credit from a bank in Colorado or other acceptable collateral in the amount stipulated to in the Development Agreement for Public Improvements or other agreements or contracts, posted in favor of the Town in an amount sufficient to assure construction of public improvements for either part or all of the plat, as the Town Council shall determine.
xvii. Approved Adjudication of Water Rights and a Plan of Augmentation (if applicable).
xviii. Protective Covenants, Homeowners Association (HOA) Documents, Articles of Incorporation for HOA, and Architectural Design Guidelines finalized and in a form for recording. If there are open space areas to remain in private ownership within the subdivision, the HOA documents must have in place a mechanism which will assure maintenance will be funded in perpetuity.
xix. FEMA approved applications (i.e., Conditional Letter of Map Revisions [CLOMR] or Letter of Map Revisions [LOMR]).
xx. Documentation showing who will own and maintain the open space.
xxi. Documentation for dedication of public sites for open space or other civic purposes.
l. “Clean” Final Plat for Addressing.
i. Title of project.
ii. North arrow, scale (not greater than 1"=100') and date of preparation.
iii. Vicinity map.
iv. Lot and block numbers, numbered in consecutive order.
v. Rights-of-way and street names.
vi. Property boundary.
m. Public Hearing Notification Envelopes. Provide the Town Clerk with two (2) sets of stamped, addressed, certified (return receipt requested) envelopes. The envelopes shall have the Town’s address as the mailing address and return address and the envelopes shall be addressed to the surrounding property owners (within three hundred [300] feet of the property), mineral interest owners of record, mineral and oil and gas lessees for the property, and the appropriate referral agencies (as discussed in pre-application conference).
2. Step 2: Application Certification of Completion. Within a reasonable period to time, Staff shall either certify the application is complete and in compliance with all submittal requirements or reject it as incomplete and notify the applicant of any deficiencies. Applicant shall then correct any deficiencies in the application package, if necessary, and submit the required number of copies of the application to the Town Clerk. The original application and all documents requiring a signature shall be signed in blue ink.
3. Step 3: Refer Application to Parties of Interest. Not less than forty-five (45) days before the date scheduled for the initial Planning Commission public hearing, Staff shall send information about the application by certified mail to: Moffat County, surrounding property owners within three hundred (300) feet, mineral interest owners of record, mineral and oil and gas lessees for the property, and other parties of interest. The referral information shall include the time and place of the public hearing, the nature of the hearing, the location of the subject property, and the applicant’s name.
4. Step 4: Staff Reviews Application and Prepares Comments. Staff will complete a technical review of the final plat based on the Town’s final plat review criteria and referral comments received. Staff will then prepare a report identifying any issues of concern that the applicant will need to address and forward this report to the applicant.
5. Step 5: Applicant Addresses Staff Comments. The applicant shall address all of the Staff comments then submit the following to the Town Clerk:
a. Letter explaining how all of the comments have been addressed; and
b. Revised maps and other documents.
6. Step 6: Final Staff Review and Report to Planning Commission. Staff will complete a final review of the resubmitted materials and then prepare a report to the Planning Commission explaining how the application is or is not consistent with the final plat review criteria.
7. Step 7: Schedule Final Plat Public Hearing and Complete Public Notification Process. The Planning Commission shall schedule a public hearing for the purpose of taking action on the final plat. The Town Clerk shall publish notice in a newspaper of general circulation. The hearing may be held no less than thirty (30) days from the date of advertising.
8. Step 8: Planning Commission Public Hearing and Recommendation. The Planning Commission shall hold a public hearing to review the final plat based on the Town’s final plat review criteria. They shall then make a recommendation to the Town Council to approve, conditionally approve, or deny the final plat application.
9. Step 9: Applicant Addresses Planning Commission Conditions. The applicant shall revise the final plat based on Planning Commission’s conditions of approval and submit it to the Town.
10. Step 10: Notify Parties of Interest. Not less than thirty (30) days before the date scheduled for the initial Town Council public hearing, Staff shall notify: surrounding property owners within three hundred (300) feet, mineral interest owners of record, mineral and oil and gas lessees for the property, and other parties of interest. The referral information shall include the time and place of the public hearing, the nature of the hearing, the location of the subject property, and the applicant’s name.
11. Step 11: Schedule Final Plat Public Hearing and Complete Public Notification Process. The Town Council shall schedule a public hearing for the purpose of taking action on the final plat. The Town Clerk shall publish notice in a newspaper of general circulation. The hearing may be held no less than thirty (30) days from the date of advertising.
12. Step 12: Town Council Public Hearing and Action. The finalized final plat shall be presented to the Town Council for its review and action at a public hearing. The Town Council shall review the final plat based on the final plat review criteria. If approved, the Town Council shall adopt the plat by ordinance and the Town Clerk shall request two (2) original mylars of the final plat ready for the Mayor and Clerk to sign and then record. The Town will provide the finalized Development Agreement for Public Improvements for the applicant to sign.
13. Step 13: Record Final Plat. Two (2) original mylars of the final plat shall be recorded by the Town Clerk in the office of the Moffat County Clerk and Recorder. The recording fee shall be paid by the developer.
14. Step 14: Post Approval Actions. The applicant shall submit the following documentation to the Town Clerk:
a. List of Contractors. List of all contractors that will be performing the improvements.
b. Proof of Insurance. Proof of worker’s comprehensive insurance and liability insurance for each contractor.
c. Open Space Deed Restriction. Areas designated as open space shall be protected by a deed restriction or other appropriate method to ensure that they cannot be subdivided or developed in the future and will remain as open space in perpetuity.
d. Other Certificates, Affidavits, Enforcements or Deductions. As required by the Planning Commission or Town Council.
C. Final Plat Review Criteria. The Town shall use the following criteria to evaluate the applicant’s request:
1. The final plat conforms with the approved preliminary plat and incorporates recommended changes, modifications and conditions attached to the approval of the preliminary plat unless otherwise approved by the Town Council.
2. All applicable technical standards have been met.
14.06.080 Concurrent Sketch Plan/Preliminary Plat.
A. Concurrent Sketch Plan/Preliminary Plat Purpose. The purpose of the concurrent sketch plan/preliminary plat is to provide the Town with an overall master plan for the proposed development in one step.
B. Concurrent Sketch Plan/Preliminary Plat Application Process.
1. Step 1: Pre-Application Conference. A pre-application conference with a representative from the Town is required before the applicant may submit a concurrent sketch plan/preliminary plat application. The purpose of the meeting is to allow the applicant to discuss his/her ideas for developing the property and to give the Town the opportunity to communicate the Town’s vision. Topics to be discussed will include:
a. The applicant’s goals for the property.
b. Town’s vision and expectations.
c. Community Design Principles and Development Standards.
d. The character and quality of development the Town is seeking.
e. Town regulations and standards.
f. The application and review process.
g. Submittal requirements.
h. Schedule.
2. Step 2: Site Visit with Town Representative. At the pre-application conference, the applicant will have an opportunity to schedule a site visit with a Town representative. This will give the applicant and the Town the opportunity to visit the site together to recognize and discuss the site’s opportunities and constraints.
3. Step 3: Planning Commission Visioning Meeting. This is intended to be a collaborative meeting between the Planning Commission and the developer to ensure that all new development is consistent with the community’s goals and that issues are identified early in the development process. Topics that may be addressed in this meeting include:
a. The developer’s goals and vision for the project.
b. How the proposed project is consistent with the Community Design Principles and Development and Subdivision Regulations sections of this Code and the Town Comprehensive Plan.
c. How the proposed development incorporates variety in the type, design and siting of buildings.
d. How the proposed subdivision will be connected to and integrated with surrounding natural and developed areas.
e. How the project will impact neighboring properties (i.e. water drainage, traffic circulation, environmental impacts, view corridors).
f. How the design is cost-effective and environmentally responsive to site features and constraints and how potential impacts to natural systems will be mitigated.
g. How the design capitalizes on natural and cultural assets on and around the site to build a positive and distinctive identity.
h. How the proposal promotes the efficient use of land and public streets, utilities and governmental services.
i. Applicants should bring the following items to the meeting:
i. Context/Vicinity Map – which shows the proposed development in relation to the surrounding area.
ii. Base Map – which shows the site features (such as topography, ditches, drainageways, wildlife habitat, trees and view corridors).
iii. Images (such as photographs, sketches and/or plans) which illustrate the project intention. For example, an applicant might bring pictures of:
a) important architectural elements (such as a porch, vertical windows, mother-in-law units);
b) proposed architectural styles;
c) ideas for landscaping features such as a xeriscape garden entryway;
d) streetscape components which contribute to the project’s character;
e) examples of signs that promote the development’s identity; and
f) anything else that illustrates what the developer is trying to create.
4. Step 4: Concurrent Sketch Plan/Preliminary Plat Application Submittal. The applicant shall submit one (1) complete copy of the sketch plan/preliminary plat application to the Town Clerk and shall request that the application be reviewed by the Planning Commission and Town Council. The application must be submitted a minimum of sixty (60) days prior to the Planning Commission meeting at which the application will be reviewed. The sketch plan/preliminary plat application package shall include the following items:
a. Land Use Application Form.
b. Subdivisions.
c. Application Fee and Fee Agreement. A non-refundable fee is collected to cover the cost of review by the Town Attorney, Town Engineer, Town Planner and any other expert whom the Town may wish to employ; and notice and publication expenses. Actual costs may exceed the deposit; in this case, the applicant is liable for costs in excess of the deposit. The Town shall provide applicants with a copy of the most current fee schedule and fee agreement form.
d. Title Commitment. The title commitment must be current and dated no more than thirty (30) days from the date of sketch plan/preliminary plat application submittal.
e. Surrounding and Interested Property Ownership Report. Provide the Town Clerk with a current list (not more than thirty [30] days old) of the names and addresses of the surrounding property owners (within three hundred [300] feet of the property), 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.
f. Context/Vicinity Map. The context/vicinity map shall show the proposed development in relation to the surrounding area (one and one-half [1½] mile radius around the property). The map shall be twenty-four (24) inches high by thirty-six (36) inches wide and provide the following information:
i. Title of project.
ii. North arrow, scale (not greater than 1" = 1000') and date of preparation.
iii. Boundary of proposed project.
iv. Existing (for developed land) or proposed (for vacant/agricultural land) land uses for the properties shown on the map (i.e. residential, commercial, industrial, park, etc.) - label land use and whether it is existing or proposed.
v. Major streets (show and label street names).
vi. Existing public water and sewer lines and proposed connections.
vii. Major ditches, rivers and bodies of water.
viii. Adjacent properties identified by subdivision name or zoning district.
g. Sketch Plan/Preliminary Plat. The sketch plan/preliminary plat shall be twenty-four (24) inches high by thirty-six (36) inches wide and provide the following information:
i. Title of project.
ii. North arrow, scale (not greater than 1" = 100') and date of preparation.
iii. Vicinity map.
iv. Names and addresses of owners, applicant, designers, engineers and surveyors.
v. Legal description.
vi. Total acreage of property.
vii. Existing contours at two (2) foot intervals (contours shall be based on USGS datum).
viii. Name and location of abutting subdivisions or owners of abutting property (if land is not platted).
ix. Lots, blocks, and street layout with approximate dimensions and square footage for each lot.
x. Consecutive numbering of all lots and blocks.
xi. Existing and proposed rights-of-way and easements on and adjacent to the property.
xii. Existing and proposed street names for all streets on and adjacent to the property.
xiii. Existing and proposed zoning on and adjacent to property.
xiv. Location and size of existing and proposed water and sewer lines and fire hydrants. (Note: Applicant must consult with the appropriate utility service providers regarding the design of all utilities through the subdivision.)
xv. Existing and proposed curb cuts on and adjacent to subject property.
xvi. Location by field survey or aerial photography of existing and proposed water courses and bodies of water such as irrigation ditches and lakes. Water courses shall include direction of flow.
xvii. Floodplain boundary with a note regarding source of information (if a floodplain does not exist on the property, please state this on the plan).
xviii. General location of existing surface improvements such as buildings, fences or other structures which will remain on the property as part of the subdivision.
xix. Location and acreage of sites, if any, to be dedicated for parks, playgrounds, schools or other public uses.
xx. Location, function, ownership and manner of maintenance of any private open space.
xxi. Land use table - the table shall include: land uses; approximate acreage of each land use; and percentage of each land use.
xxii. Total number of lots.
xxiii. Number of each type of dwelling unit proposed.
h. General Development Information. Provide a written description of the existing conditions on the site and the proposed development. Include the following items in the description:
i. Design rationale (discuss how development is connected to/integrated with surrounding area, how it responds to site features/constraints and how it is consistent with the Town’s Comprehensive Plan;
ii. Price ranges of lots and dwelling units;
iii. Water supply information including: the number of water taps needed; the amount of raw water that will be turned over to the Town;
iv. Statement indicating whether or not any commercial mineral deposits are located on the site;
v. Description of any floodplain hazards on the site (only if additional information is needed than what is shown on the sketch plan/preliminary plat map); and
i. Preliminary Grading and Drainage Plan and Report. This plan and report must be certified by a registered professional engineer, including storm drainage concepts such as locations for on-site retention or downstream structural improvements and soil erosion and sedimentation control plans and specifications. It must also discuss the impacts on and to any existing floodways on and adjacent to the site as well as any FEMA applications required.
j. Master Utility Plan. This plan shall be prepared by a registered professional engineer. It is necessary that the engineer consult with the appropriate utility service providers regarding the design of all utilities through the subdivision.
k. Preliminary Landscape Plan.
l. Preliminary Open Space Plan.
m. Traffic Study. This study must be prepared by a professional traffic engineer.
n. Draft of Proposed Covenants and Architectural Design Guidelines.
o. Mineral, Oil and Gas Rights Documentation. Evidence that the surface owner has contacted all lessees of mineral, oil and gas rights associated with the site and is working towards resolution. Included in the evidence must be the name of the current contact person, their phone number, and mailing address.
p. Soils Report and Map. The report and map shall be based on USDA Soils Conservation Service information and discuss the existing conditions and any potential constraints/hazards. The report shall also address groundwater issues.
q. Geologic Report. This report is required only for areas that have the potential for subsidence. It must be prepared by either a registered professional engineer or professional geologist - the professional must have experience in mine subsidence. The report shall address site conditions; geologic conditions; engineering and geologic considerations; and limitations and any necessary additional investigations.
r. Colorado Historical Society Records Search. At the discretion of the Town Staff or Town Council, an applicant may need to provide the Town with a Colorado Historical Society records listing historically or archaeologically significant findings on the property being subdivided. If a listing shows a significant finding, a site-specific historic survey is required. The survey shall provide the following information:
i. Site identification:
a) State site number;
b) Site address;
c) Site location/access;
d) Type and description of finding (what is historic); and
e) Owner’s name and address.
ii. Eligibility assessment for historic designation.
iii. Statement of significance.
iv. Management and administrative data:
a) References;
b) Photographs of the site;
c) Maps of the site;
d) Name, address, phone number and qualifications of person completing survey; and
e) Date of completion of survey.
If, in coordination with the applicant, the Town Council decides to protect an historic resource, a protection plan must be devised.
s. Public Hearing Notification Envelopes. Provide the Town Clerk with one (1) set of stamped, addressed, certified (return receipt requested) envelopes. The envelopes shall have the Town’s address as the mailing address and return address and the envelopes shall be addressed to the surrounding property owners (within three hundred [300] feet of the property), mineral interest owners of record, oil and gas lessees for the property, and the appropriate referral agencies.
5. Step 5: Application Certification of Completion. Within a reasonable period to time, Staff shall either certify the application is complete and in compliance with all submittal requirements or reject it as incomplete and notify the applicant of any deficiencies. Applicant shall then correct any deficiencies in the application package, if necessary, and submit the required number of copies of the application to the Town Clerk. The original application and all documents requiring a signature shall be signed in blue ink.
6. Step 6: Refer Application to Parties of Interest. Not less than thirty (30) days before the date scheduled for public hearing or Staff decision, Staff shall send information about the application by certified mail to: Moffat County, surrounding property owners within three hundred (300) feet, mineral interest owners of record, mineral and oil and gas lessees for the property, and other parties of interest. The referral information shall include the time and place of the public hearing, the nature of the hearing, the location of the subject property, and the applicant’s name.
7. Step 7: Letters of Support and Commitment to Serve. Within thirty (30) days from the date the application is deemed complete, the applicant shall provide the Town with letters of support and commitment to serve from all agencies identified at the pre-application conference.
8. Step 8: Staff Review of Application and Prepares Comments. Staff will complete a review of the sketch plan/preliminary plat based on the sketch plan/preliminary plat review criteria and referral comments received. Staff will then prepare a report identifying any issues of concern for the applicant to address and forward this report to the applicant.
9. Step 9: Applicant Addresses Staff Comments. The applicant shall submit the following to the Town Clerk:
a. Letter explaining how all of the comments have been addressed; and
b. Revised maps and other documents.
10. Step 10: Final Staff Review and Report to Planning Commission. Staff will complete a final review of the resubmitted materials and then prepare a report to the Planning Commission explaining how the application is or is not consistent with the sketch plan/preliminary plat review criteria.
11. Step 11: Schedule Concurrent Sketch Plan/Preliminary Plat Public Hearing and Complete Public Notification Process. The Planning Commission shall schedule a public hearing for the purpose of taking action on the sketch plan/preliminary plat. The Town Clerk shall publish notice in a newspaper of general circulation. The hearing may be held no less than thirty (30) days from the date of advertising.
12. Step 12: Planning Commission Public Hearing and Recommendation. The Planning Commission shall hold a public hearing to review the application based on the sketch plan/preliminary plat review criteria. The Planning Commission shall then make a recommendation to the Town Council to approve, conditionally approve, or deny the application.
13. Step 13: Applicant Addresses Planning Commission Conditions. The applicant shall revise the sketch plan/preliminary plat based on the Planning Commission’s conditions of approval and submit it to the Town.
14. Step 14: Town Council Action. The sketch plan/preliminary plat shall be presented to the Town Council for its review and action. The Town Council may approve, conditionally approve or deny the preliminary plat based on the preliminary plat review criteria. Approval and conditional approval of a sketch plan/preliminary plat shall be effective for one (1) year unless otherwise approved by the Town Council. If the plat is denied, the request or one that is substantially similar may not be heard by the Planning Commission for a period of one (1) year from the date of denial unless otherwise approved by the Planning Commission. If a final plat is not submitted within said time limit or an extension has not been granted, a preliminary plat must again be submitted before action may be taken on a final plat.
C. Concurrent Sketch Plan/Preliminary Plat Review Criteria. The Town shall use the following criteria to evaluate the applicant’s concurrent sketch plan/preliminary plat application:
1. The land use mix within the project conforms to Town’s Zone District Map and furthers the goals and policies of the Town Comprehensive Plan including:
a. The proposed development promotes Town’s small town rural character;
b. Proposed residential development adds diversity to Town’s housing supply;
c. Proposed commercial development will benefit Town’s economic base;
d. Parks and open space are incorporated into the site design;
e. The proposed project protects Town’s environmental quality; and
2. The sketch plan/preliminary plat represents a functional system of land use and is consistent with the rationale and criteria set forth in this Code and Town Comprehensive Plan.
3. The utility and transportation design is adequate, given existing and planned capacities of those systems.
4. Negative impacts on adjacent land uses have been identified and satisfactorily mitigated.
5. There is a need or desirability within the community for the applicant’s development and the development will help achieve a balance of land use and/or housing types within Town, according to Town’s goals.
<strong> </strong><strong>14.06.090 Minor Subdivision Plat.</strong>
A. Purpose.
1. The purpose of the minor subdivision plat is to complete the subdivision of land consistent with the technical standards when the following conditions exist:
a. The property has previously been platted within the Town;
b. There is no public right-of-way dedication;
c. The entire tract to be subdivided is ten (10) acres or less in size;
d. The resulting subdivision will produce ten (10) or fewer lots; and
e. There will be no exceptions to the Subdivision Design Standards.
B. Application Process.
1. Step 1: Pre-Application Conference. A pre-application conference with a representative from the Town is required before the applicant may submit a minor subdivision plat application. Topics to be discussed will include:
a. Town regulations and standards.
b. The application and review process.
c. Submittal requirements.
d. Schedule.
2. Step 2: Minor Subdivision Plat Application Submittal. The applicant shall submit one (1) copy of the complete minor subdivision plat application package to the Town Clerk and shall request that the application be reviewed by the Planning Commission and Town Council. The minor subdivision plat application shall include:
a. Land Use Application Form.
b. Application Fee and Fee Agreement. A non-refundable fee is collected to cover the cost of review by the Town Attorney, Town Engineer, Town Planner and any other expert whom the Town may wish to employ; and recording fees. Actual costs may exceed the deposit; in this case, the applicant is liable for costs in excess of the deposit. The Town shall provide applicants with a copy of the most current fee schedule and fee agreement form.
c. Title Commitment. The title commitment must be current and dated no more than thirty (30) days from the date of minor subdivision plat application submittal.
d. Minor Subdivision Plat. The minor subdivision plat drawing shall comply with the following standards:
i. The plat shall be prepared by or under the direct supervision of a registered land surveyor and meet applicable State of Colorado requirements.
ii. Parcels not contiguous shall not be included in one (1) plat, nor shall more than one (1) plat be made on the same sheet. Contiguous parcels owned by different parties may be included on one (1) plat, provided that all owners join in the dedication and acknowledgment.
iii. Lengths shall be shown to the nearest hundredth of a foot and bearings shall be shown in degrees, minutes and seconds.
iv. The perimeter survey description of proposed subdivision shall include at least one (1) tie to an existing section monument of record and a description of monuments. The survey shown shall not have an error greater than one (1) part in ten thousand (10,000).
v. Bearings, distances and curve data of all perimeter boundary lines shall be indicated outside the boundary line, not inside, with the lot dimensions.
vi. All signatures shall be made in black drawing ink.
vii. The minor subdivision plat shall be twenty‑four (24) inches high by thirty‑six (36) inches wide and shall provide the following information:
a) Title of project.
b) North arrow, scale (not greater than 1"=100') and date of preparation.
c) Vicinity map.
d) Legal description.
e) Basis for establishing bearing.
f) Names and addresses of owners, applicant, designers, engineers and surveyors.
g) Total acreage of subdivision.
h) Bearings, distances, chords, radii, central angles and tangent links for the perimeter and all lots, blocks, rights-of-way and easements.
i) Lot and block numbers, numbered in consecutive order, and square footage of each lot or tract.
j) Excepted parcels from inclusion noted as “not included in this subdivision” and the boundary completely indicated by bearings and distances.
k) Existing rights-of-way in and adjacent to subject property (labeled and dimensioned).
l) Existing and proposed street names for all streets on and adjacent to the property.
m) Existing easements and their type in and adjacent to subject property (labeled and dimensioned).
n) Location and description of monuments.
o) Floodplain boundary with a note regarding source of information (if a floodplain does not exist on the property, please state this on the plat).
p) Certificates blocks for signatures of owner, surveyor, utility providers, and Town approval, as applicable.
e. General Development Information. Provide a written description addressing how the proposed development conforms with the Town Land Use Code and the Town Comprehensive Plan.
f. Surrounding and Interested Property Ownership Report. Provide the Town Clerk with a current list (not more than thirty [30] days old) of the names and addresses of the surrounding property owners (within three hundred [300] feet of the property), 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.
3. Step 3: Application Certification of Completion. Within a reasonable period to time, Staff shall either certify the application is complete and in compliance with all submittal requirements or reject it as incomplete and notify the applicant of any deficiencies. Applicant shall then correct any deficiencies in the application package, if necessary, and submit the required number of copies of the application (as specified in the Minor Subdivision Plat Technical Criteria form) to the Town Clerk. The original application and all documents requiring a signature shall be signed in blue ink.
4. Step 4: Refer Application to Parties of Interest. Not less than forty-five (45) days before the date scheduled for public hearing or Staff decision, Staff shall send information about the application by certified mail to: Moffat County, surrounding property owners within three hundred (300) feet, mineral interest owners of record, mineral and oil and gas lessees for the property, and other parties of interest. The referral information shall include the time and place of the public hearing, the nature of the hearing, the location of the subject property, and the applicant’s name.
5. Step 5: Letters of Support and Commitment to Serve. Within thirty (30) days from the date the application is deemed complete, the applicant shall provide the Town with letters of support and commitment to serve from all agencies identified at the pre-application conference.
6. Step 6: Staff Reviews Application and Prepares Comments. Staff will complete a review of the minor subdivision plat based on the Town’s minor subdivision plat review criteria. Staff will then prepare a report identifying any issues of concern that the applicant shall address and forward it to the applicant.
7. Step 7: Applicant Addresses Staff Comments.
a. The applicant shall address the Staff’s comments then submit the following to the Town Clerk:
i. Letter explaining how all of the comments have been addressed; and
ii. Revised maps and other documents.
8. Step 8: Schedule Minor Subdivision Public Hearing and Complete Public Notification Process. The Planning Commission shall schedule a public hearing for the purpose of taking action on the minor subdivision. The Town Clerk shall publish notice in a newspaper of general circulation. The hearing may be held no less than thirty (30) days from the date of advertising.
9. Step 9: Planning Commission Public Hearing and Recommendation. The Planning Commission shall hold a public hearing to review the application based on the minor subdivision review criteria. The Planning Commission shall then make a recommendation to the Town Council to approve, conditionally approve, or deny the application.
10. Step 10: Applicant Addresses Planning Commission Conditions. The applicant shall revise the minor subdivision plat based on the Planning Commission’s conditions of approval and submit it to the Town.
11. Step 11: Town Council Action. The minor subdivision plat shall be presented to the Town Council for its review and action. The Town Council may approve, conditionally approve or deny the minor subdivision based on the minor subdivision review criteria. If approved, the Town Council shall adopt the minor subdivision plat by ordinance and the Town Clerk shall request two (2) original mylars of the plat ready for the Mayor and Town Clerk to sign and then record. All final decisions of the Town Council approving, approving subject to conditions, or denying an application shall be subject to review by the District Court in Moffat County. Any applicant or other interested party may appeal such decisions in the manner provided by rules relating to civil proceedings before the District Court.
12. Step 12: Record Minor Subdivision Plat. One (1) original mylar of the minor subdivision plat shall be recorded by the Town Clerk in the office of the Moffat County Clerk and Recorder. The recording fee shall be paid by the developer.
C. Minor Subdivision Plat Review Criteria. The Town shall use the following criteria to evaluate the applicant’s request:
1. The minor subdivision plat is in compliance with the Town Land Use Code and the Town Comprehensive Plan.
<strong> </strong><strong>14.06.100 Plot Plan.</strong>
A. Purpose. The plot plan is needed in order to apply for a building permit for any building or structure constructed on a single-family home or duplex lot. The plot plan shows where the proposed building or structure will be located on the lot so that the Town can make sure that the proposed location will be in compliance with all Town regulations.
B. Process.
1. Step 1: Submit Plot Plan Application Package.
a. Land Use Application Form.
b. Application Fee and Fee Agreement.
c. Plot Plan Map - The plot plan map shall be a minimum of eight and one-half (8½) inches by eleven (11) inches and shall provide the following information:
i. Title of project.
ii. North arrow, scale (1"=20' or as approved by the Town) and date of preparation.
iii. Name, address and phone number of property owner.
iv. Lot number, block number and name of subdivision.
v. Lot size (square footage).
vi. Bearings and distances of all lot lines.
vii. Existing easements on the lot.
viii. Footprint of the proposed building or structure, dimensioned.
ix. Square footage of the proposed building and the footprint of the proposed building.
x. Distance from the proposed building or structure to all lot lines.
xi. All existing buildings or structures on the lot.
xii. Driveway.
xiii. Existing and/or proposed water and sewer service lines on the lot.
xiv. Elevations of:
a) The finished floor for the house and garage.
b) The ground ten (10) feet away from the house and garage.
c) The lot corners.
xv. Height of all proposed buildings.
xvi. Street trees (right-of-way landscaping)(if any).
d. Drainage Information - Provide the Town with information regarding how the lot will drain, if requested by the Town Clerk or Town Council.
2. Step 2: Staff Reviews Plot Plan Application and Prepares Comments. Staff will review the plot plan map to make sure is it consistent with the plot plan review criteria. Following the review, Staff will prepare a written report outlining any changes that must be made to the plot plan before it can be approved.
3. Step 3: Applicant Addresses Staff Comments. Applicant makes all necessary changes to the plot plan and resubmits a revised copy to the Town.
4. Step 4: Plot Plan Approval. Staff completes final review of plot plan to ensure that the Plan is complete. If the Plan is determined completed, it is approved by Staff.
C. Review Criteria. The plot plan must meet the following review criteria:
1. All of the information needed on a plot plan is shown.
2. The lot size and lot dimensions are consistent with what is shown on the approved final plat.
3. No buildings or structures infringe on any easements.
4. The proposed site grading is consistent with FHA standards (if insured by FHA) otherwise it shall meet the Town’s approval.
5. The density and dimensions shown conform with the Town Zoning Code Density and Dimensional Standards or the approved PUD requirements.
<strong> </strong><strong>14.06.110 Site Plan.</strong>
A. Purpose. The site plan is needed in order to apply for a building permit for all multi-family, commercial, and industrial developments. The site plan shows how the lot will be developed so that the Town can make sure that the site design will be in compliance with all Town regulations.
B. Process.
1. Step 1: Submit Site Plan Application.
a. Land Use Application Form.
b. Application Fee and Fee Agreement.
c. Site Plan Map - The site plan map shall be a minimum of eighteen (18) inches by twenty-four (24) inches and shall provide the following information:
i. Title of project.
ii. North arrow, scale (no greater than 1"=50') and date of preparation.
iii. Vicinity map.
iv. Address of project.
v. Legal description of property.
vi. Name, address and phone number of property owner.
vii. Name, address and phone number of person or firm responsible for plan.
viii. Lot size (square footage).
ix. Bearings and distances of all lot lines.
x. Existing and proposed easements and rights-of-way.
xi. Existing and proposed paved areas and sidewalks on the site and in the adjacent rights-of-way, all dimensioned, showing how pedestrians will have access to the site and buildings.
xii. Gathering areas for people (if any).
xiii. Existing and proposed curb cuts on the site and in the adjacent rights-of-way (on both sides of perimeter streets), all dimensioned.
xiv. Existing and proposed two (2) -foot contours.
xv. Existing waterways on or adjacent to the site.
xvi. Finished floor elevations for all structures.
xvii. Footprint (including roof overhangs and eaves, decks, balconies, outside stairs and landings) of all proposed structures and their use with their dimensions and locations noted with respect to the property lines.
xviii. Existing structures and their use.
xix. Square footage of proposed building(s) and the footprint of the proposed building(s).
xx. Proposed structure height.
xxi. For commercial and industrial uses, the type of activity and number of employees.
xxii. For multi-family residential, the number of: residential units and bedrooms per unit.
xxiii. Location of proposed signs and lights.
xxiv. Specifications for the signs and lights, including type, height and general conformance to the Code. For commercial and industrial uses, a photometric plan prepared by a qualified electrical or lighting engineer shall be submitted that depicts all lighting fixtures and the light spread (in footcandles) of these fixtures across the site to all property boundaries.
xxv. Proposed traffic controls and striping for parking areas (all lanes, driveways, and parking spaces must be dimensioned).
xxvi. Trash disposal areas and enclosures including specifications for enclosures.
xxvii. Location and size of existing and proposed water and sewer service connections and tap sizes (including those for irrigation systems).
xxviii. Location and size of water and sewer lines to which the service connections will be or are made.
xxix. Location and size of water meter(s).
xxx. Location and size of backflow-prevention devices.
xxxi. Indication of how and where perimeter drain will drain (if one exists).
xxxii. Location of existing electrical lines and poles on or adjacent to the site.
xxxiii. Location of proposed electrical service connection and meter location.
xxxiv. Location of electric transformer.
xxxv. Location of all fire hydrants. If none exist on site, note distance and direction of the closest hydrant adjacent to the site within 500 feet.
xxxvi. Location of detention/retention areas and storm sewer infrastructure with the required drainage easements.
xxxvii. The distance from the proposed building(s) or structure(s) to adjacent lot lines, easements, and adjacent structures.
xxxviii. A land use chart (table).
xxxix. Certificate blocks for signatures of owner, surveyor, utility providers, and Town approval, as applicable.
d. Certified Drainage Report - A certified drainage report, including an erosion control study and plan, as applicable.
e. Final Landscape Plan.
f. Final Open Space and Ecological Characterization Plan.
g. Exterior Elevations of Proposed Structures/Graphic Visual Aids. Provide complete building elevations, drawn to scale, with illustrations of all colors and identifying major materials to be used in the structure(s). In addition, the Staff may require building floor plans, sectional drawings, perspective drawings, models, and/or computer visualizations when the impacts of a proposal warrant such information.
2. Step 2: Application Certification of Completion. Within a reasonable period to time, Staff shall either certify the application is complete and in compliance with all submittal requirements or reject it as incomplete and notify the applicant of any deficiencies. Applicant shall then correct any deficiencies in the application package, if necessary, and submit the required number of copies of the application to the Town Clerk. The original application and all documents requiring a signature shall be signed in blue ink.
3. Step 3: Staff Refers Application to Other Agencies. Staff may refer the site plan materials to other agencies and service providers for comments. The referral period shall be fifteen (15) days, but such period may be reduced or extended by Staff. Staff shall notify the applicant of any adjustment to the referral period.
4. Step 4: Site Plan Letters of Support. Within thirty (30) working days of receipt of the site plan, the applicant shall provide the Town with letters of support from all utility providers that will be serving the property.
5. Step 5: Staff Reviews Application and Prepares Comments. Staff will review the site plan map to ensure it is consistent with the site plan review criteria. Staff may consider comments received during the referral period in its review of the site plan. Following the review, Staff will prepare a written report outlining any changes that the applicant must make before the site plan can be approved. This report will be forwarded to the applicant.
6. Step 6: Applicant Addresses Staff Comments. Applicant makes all necessary changes to the site plan and resubmits a revised copy to the Town.
7. Step 7: Site Plan Agreement. Staff may require that the applicant execute a site plan agreement to assure the construction of on-site and off-site improvements as a condition of approval of the site plan. Guarantees in the site plan agreement may be secured by an irrevocable letter of credit, or by cash deposited in an escrow account in an amount determined appropriate by Staff.
8. Step 8: Planning Commission Review and Action. The site plan shall be presented to the Planning Commission for its review and action at the Commission’s next available regularly scheduled meeting. The Planning Commission may approve, conditionally approve or deny the site plan based on the site plan review criteria. Any action taken by the Planning Commission shall become final unless appealed. If the site plan is denied, the request or one that is substantially the same may not be heard by the Planning Commission for a period of one (1) year from the date of denial unless otherwise approved by the Town Council. Any aggrieved party, who wishes to appeal the action shall file a written appeal stating the reasons why the Planning Commission action is incorrect. The applicant shall file the appeal with the Town Clerk within seven (7) days of the meeting at which such action was taken.
9. Step 9: Town Council Consideration of Appeals. The Town Council shall consider any appeal within forty-five (45) days of the close of the appeal period, except an appeal associated with a concurrent development application requiring Council review or approval, which the Council shall consider with final action on the concurrent development application. The Council shall apply the site plan review criteria to either uphold, modify or reverse the Planning Commission’s decision.
10. Step 10: Submit and Record Site Plan. Upon approval by the Planning Commission or by the Town Council, the applicant shall have thirty (30) days to submit two (2) original mylar drawings of the approved site plan to the Town Clerk for recording, accompanied by the recording fees and all other costs billed by the Town relative to the site plan. Inaccurate, incomplete or poorly drawn plans shall be rejected. Within thirty (30) days of receipt of the site plan, the Town Clerk shall submit the approved site plan to the Moffat County Clerk and Recorder’s Office for recording.
11. Step 11: Post Approval Actions.
a. Building Permit. A building permit shall be issued only when a site plan has been approved. However, with the approval of the Town Clerk, an applicant may submit a building permit application concurrent with the site plan application. Building permits shall not be issued for any development that is not in conformance with the approved site plan.
b. Certificate of Occupancy. When building construction and site development are completed in accordance with the approved site plan and building permit(s), a Certificate of Occupancy may be issued.
c. Phasing and Expiration of Approval. The site plan shall be effective for a period of three (3) years from the date of approval, unless stated otherwise in the written site plan approval. Building permits shall not be issued based on site plans that have an approval date more than three (3) years old. For multi-phased plans, building permits shall not be issued based on an approval date more than three (3) years from the date of Phase I approval.
C. Review Criteria. The site plan must meet the following review criteria:
1. All of the information required on a site plan is shown.
2. The lot size and lot dimensions are consistent with what is shown on the approved final plat.
3. No buildings or structures infringe on any easements.
4. The proposed site grading is consistent with the requirements of the Town.
5. The density and dimensions shown conform with the Town Zoning Code Density and Dimensional Standards or the approved PUD requirements.
D. Amendments to Approved Site Plans.
1. Minor variations in the location of structures, improvements, or open space areas caused by engineering or other unforeseen difficulties may be reviewed and approved by the Town Staff. Such changes shall not exceed ten (10) percent of any measurable standard or modify the use, character, or density of an approved site plan. All plans so modified shall be revised to show the authorized changes and shall become a part of the permanent records of the Town.
2. Changes to approved site plans that exceed the ten (10) percent threshold, or other major modifications (such as changes in building size or footprint, relocation of access points, changes to required parking, etc.), shall be considered as a new site plan application. Such amendments shall require Planning Commission review and approval to become effective. A complete site plan application shall be prepared and submitted in compliance with the requirements set forth in this Section.
<strong> </strong><strong>14.06.120 Amendments to Recorded Plats.</strong>
A. Amendments to Recorded Plat Process.
1. Minor amendments which are filed with the Moffat County Clerk and Recorder to correct minor survey or drafting errors on a recorded plat shall be prepared in the form of an affidavit or, where deemed necessary for clarity, a revised plat certified by a land surveyor licensed with the State of Colorado. All affidavits or corrected plats shall be reviewed and may be approved by the Town Staff. Notice of the minor amendment shall be given to the Town Council.
2. Amendments to a recorded plat which do not increase the number of lots or relocate or add roads or do not create more than ten (10) total lots shall be submitted as a minor subdivision plat. The minor subdivision plat shall be prepared and submitted in compliance with the minor subdivision plat requirements of this Chapter (Section 14.06.090).
<strong>14.06.130 Resubdivision.</strong>
The resubdivision of any lots, tracts or parcels, or the relocation or addition of streets within a subdivision, shall be considered a resubdivision (also known as a “replat”) and shall be prepared and submitted in compliance with the requirements for subdivision as set forth in this Chapter. In the event that any dedicated streets are relocated as a result of a resubdivision, it is necessary for the Town to first vacate those existing streets, with said vacation to be effective prior to the approval of the final plat. Vacation of right-of-way shall conform to the requirements of State law. Certain sketch plan, preliminary plat and final plat requirements may be waived at the discretion of the Town Council.
<strong> 14.06.140 Vacation of Right-of-Way/Easement.</strong>
A. Vacation of Right-of-Way/Easement Purpose. The vacation of right-of-way or easement application process is used to vacate unnecessary easements and rights-of-way. The vacation of right-of-way or easement shall be in accordance with Part 3 of Title 43, C.R.S.
B. Vacation of Right-of-Way/Easement Application Process.
1. Step 1. Pre-Application Conference. A pre-application conference with a representative from the Town is required before the applicant may submit a vacation of right-of-way/easement application. Topics to be discussed will include:
a. Town regulations and standards.
b. The application and review process.
c. Submittal requirements.
d. Schedule.
2. Step 2: Vacation of Right-of-Way/Easement Application Submittal. The applicant shall submit one (1) complete copy of the vacation of right-of-way/easement application package to the Town Clerk and shall request that the application be reviewed by the Town Council. The application must be submitted a minimum of sixty (60) days prior to the Town Council meeting at which the application will be reviewed. The vacation of right-of-way/easement application shall include:
a. Land Use Application Form.
b. Application Fee and Fee Agreement - A non-refundable fee is collected to cover the cost of review by the Town Attorney, Town Engineer, Town Planner and any other expert whom the Town may wish to employ; and recording fees. Actual costs may exceed the deposit; in this case, the applicant is liable for costs in excess of the deposit. The Town shall provide applicants with a copy of the most current fee schedule and fee agreement form.
c. Petition for Vacation of Right-of-Way/Easement.
d. Title Commitment - The title commitment must be current and dated no more than thirty (30) days from the date of vacation of right-of-way/easement submittal.
e. Surrounding and Interested Property Ownership Report - For vacation of right-of-way applications (NOT vacation of easement applications), provide the Town Clerk with a current (not more than thirty [30] days old) list of the names and addresses of the surrounding property owners (within three hundred [300] feet of the property), mineral interest owners of record and oil and gas lessees for the property. The applicant shall certify that the report is complete and accurate.
f. Vacation of Right-of-Way/Easement Map - The vacation of right-of-way/easement map shall be a minimum of eight and one-half (8½) inches by eleven (11) inches and provide the following information:
i. Title of map.
ii. North arrow, scale (whatever is appropriate) and date of preparation.
iii. Vicinity map.
iv. Legal description of right-of-way/easement to be vacated.
v. Graphic representation of property to be vacated.
vi. Acreage of property to be vacated.
vii. Names and boundaries of adjacent subdivisions and streets.
viii. Lot and block numbers of adjacent lots and blocks.
ix. Existing and proposed rights-of-way in and adjacent to subject property.
x. Existing and proposed utility easements in and adjacent to subject property.
xi. Existing and proposed utility lines and/or facilities in and adjacent to subject property.
xii. Type and location of existing structures and paved areas on the subject property.
g. Vacation of Right-of-Way/Easement Review Criteria Statement - Provide a written description of how the vacation request addresses the four vacation of right-of-way/easement review criteria.
3. Step 3: Certification of Completion. Within a reasonable period to time, Staff shall either certify the application is complete and in compliance with all submittal requirements or reject it as incomplete and notify the applicant of any deficiencies. Applicant shall then correct any deficiencies in the application package, if necessary, and submit the required number of copies of the application (as specified in the Vacation of Right-of-Way or Easement Technical Criteria form) to the Town Clerk. The original application and all documents requiring a signature shall be signed in blue ink.
4. Step 4: Letters of Support from Utility Providers and Other Affected Agencies. Within thirty (30) days from the date the application is deemed complete, the applicant shall provide to the Town letters from all utility providers or other agencies, affected by the vacation, expressing their support of the vacation request.
5. Step 5: Staff Reviews Application and Prepares Comments. Staff will complete a review of the vacation of right-of-way/easement based on the vacation of right-of-way/easement review criteria. Staff will then prepare a report identifying any issues of concern that the applicant will need to address and forwards it to the applicant.
6. Step 6: Applicant Addresses to Staff Comments. The applicant shall address Town Staff’s comments then submit the following to the Town Clerk:
a. Letter explaining how all of the comments have been addressed; and
b. Revised maps and other documents.
7. Step 7: Final Staff Review and Report to the Town Council. Staff shall complete a final review of the resubmitted materials and prepare a report to the Town Council explaining how the application is or is not consistent with the vacation of right-of-way/easement review criteria.
8. Step 8: Town Council Action. The Town Council may approve, conditionally approve or deny the vacation of right-of-way ordinance based on the vacation of right-of-way/easement review criteria. The Town Council may approve, conditionally approve or deny the vacation of easement ordinance based on the vacation of right-of-way/easement review criteria. All approved ordinances must be recorded with the Moffat County Clerk and Recorder. If the ordinance is conditionally approved, all conditions of approval must be satisfied by the applicant and certified by the Town Clerk within a time specified by the Town Council before the ordinance can be recorded.
C. Vacation of Right-of-Way/Easement Review Criteria.
1. The right-of-way or easement being vacated is not needed in the short or long term.
2. If necessary, the right-of-way or easement will be replaced. To replace the right-of-way or easement, the vacation application shall be accompanied by a development application which proposes a new right-of-way or easement.
3. If applicable, the applicant is relocating all public facilities or utilities within the right-of-way or easement.
4. The public and surrounding properties and utility providers will not be negatively impacted by the vacation.
D. Vesting of Title Upon Vacation. Upon vacation of a right of way, title to such right of way shall vest in the manner described in Section 43-2-302, C.R.S.
14.06.150 Subdivision Improvements and Development Agreements.
A. Agreements and Improvements. A Development Agreement for Public Improvements stating the developer agrees to construct any required public improvements shown in the final plat documents together with collateral which is sufficient, in the judgment of the Town Council, to make reasonable provision for the completion of said improvements in accordance with design and time specifications will be required. No subdivision plat shall be signed by the Town or recorded at the office of the Moffat County Clerk, and no building permit shall be issued for development until a Development Agreement between the Town and the developer has been executed. Such agreement shall include a list of all agreed-upon improvements, an estimate of the cost of such improvements, the form of guarantee for the improvements, and any other provisions or conditions deemed necessary by the Town Council to ensure that all improvements will be completed in a timely, quality and cost-effective manner.
A Development Agreement shall run with and be a burden upon the land described in the agreement.
B. Other agreements or contracts setting forth the plan, method and parties responsible for the construction of any required public improvements shown in the final plat documents may also be required.
C. As improvements are completed, the subdivider shall apply to the Town Council for inspection of improvements. Upon inspection and approval, the Town Council shall notify the subdivider that there is a two (2) year guarantee period before release of all funds. If the Town Council or respective special district determines that any of the required improvements are not constructed in compliance with specifications, it shall furnish the subdivider a list of specific deficiencies and shall be entitled to withhold collateral sufficient to ensure such compliance. If the Town Council determines that the subdivider will not construct any or all of the improvements or remedy the deficiencies in accordance with all the specifications, the Town Council may withdraw and employ from the deposit of collateral such funds as may be necessary to construct the improvements or remedy deficiencies in accordance with the specifications.
D. The following improvements shall be constructed unless waived by the Town Council:
1. Road grading and surfacing.
2. Curbs.
3. Street lights.
4. Sidewalks.
5. Sanitary sewer collection system.
6. Storm sewers or storm drainage system, as required.
7. Potable water distribution including fire hydrants.
8. Utility distribution system for public parks and open space.
9. Street signs at all street intersections.
10. Permanent reference monuments and monument boxes.
11. Underground telephone, communication, electricity and gas lines.
12. Berm or fence along major arterial and collector streets.
13. Required landscaping.
14. Street trees (if required).
15. Underdrains.
16. Required floodway improvements.
17. Required irrigation ditch improvements.
E. Time for Completion. The required time for the completion of all required improvements shall be two (2) years from the recording date of the final map or plat. However, the Town Council may extend such time for completion upon request from the subdivider. Upon completion of such improvements within the required time and approval thereof by the Town Council, the Town shall cause the cash or letter of credit to be released within thirty (30) days of the Town’s acceptance of such improvements and receipt of the required as-built drawings. When such improvements are not completed within the required time, the Town may cause the proceeds of the cash or letter of credit to be used to complete the required improvements.
F. Warranty. All workmanship and materials for all required improvements shall be warranted by the subdivider for a period of two (2) years from the date of the Town’s acceptance of the required improvement; provided that any defects which are the result of public abuse, misuse or acts of God are not the responsibility of said subdivider. For perimeter fences that abut collector and arterial streets, the warranty period shall be two (2) years. The total amount of the guarantee shall be calculated as ten (10) percent of the total actual cost including labor and materials of all public improvements constructed. The Town shall not release the improvement guarantee until the Town has granted final acceptance of the improvements. In the event that any other provision of this Code or specifications adopted pursuant thereto requires a warranty of workmanship or materials for a different period of time, that provision requiring the longer period shall govern. The inspection or acceptance of any required improvement by the Town shall not relieve the subdivider of his or her warranty of workmanship and materials.
</dd>
<dt>14.07 Parking Regulations &amp; Dimensional Parking Requirements</dt>
<dd>
<strong>14.07.010 Intent.</strong>
<strong>14.07.020 General Provisions.</strong>
<strong>14.07.030 Paved Off-Street Parking Requirements.</strong>
<strong>14.07.040 Location of Spaces.</strong>
<strong>14.07.050 Handicap Parking Spaces.</strong>
<strong>14.07.060 Handicap Parking Space Dimensions.</strong>
<strong>14.07.070 Parking Stall Dimensions.</strong>
<strong>14.07.080 Bicycle Parking Spaces.</strong>
<strong>14.07.090 Parking Restrictions for Excess Weight Vehicles and Recreational Vehicles.</strong>
<strong>14.07.100 Dimensional and Parking Requirements Table.</strong>
<strong>14.07.010 Intent.</strong>
The intent of this Chapter is to provide adequate parking for motor vehicles while minimizing the visual impact of parking lots and structures.
<strong>14.07.020 General Provisions.</strong>
A. In all Zone Districts, off-street parking facilities for the storage of self-propelled motor vehicles for the use of occupants, employees and patrons of the building or structures hereafter erected, altered or extended shall be provided and maintained as herein prescribed.
B. Surface. All parking and driveway areas and primary access to parking facilities shall be surfaced with asphalt, concrete or similar materials.
C. Integrate Parking Lots with Surroundings. Parking lots shall not dominate the frontage of pedestrian-oriented streets, interfere with designated pedestrian routes, or negatively impact surrounding neighborhoods. The pedestrian character of streets and building shall be maximized through continuity of buildings and landscape frontage.
D. Location. Parking lots shall be located to the rear or side of buildings or in the interior of a block whenever possible.
E. Landscaping. Parking lots shall be landscaped, screened and buffered as provided in the Town’s Land Use Regulations.
F. Share-Access. Where feasible, parking lots shall share access drives with adjacent property with similar land uses.
G. Off-Street Parking Design. Any off-street parking area shall be designed so that vehicles may exit without backing onto a public street unless no other practical alternative is available. 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.
H. Circulation Area Design. 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.
I. Lighting. All parking area lighting shall be full cutoff type fixtures. Any light used to illuminate parking areas or for any other purpose shall be so arranged as to reflect the light away from nearby residential properties, and away from the vision of passing motorists.
J. Shared Off-Street Parking. 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 shall be used to demonstrate the adequacy of the parking supply as a substitute for standard parking requirements.
14.07.030 Paved Off-Street Parking Requirements. Paved off-street parking shall be provided according to the minimum requirements as specified below:
USE
REQUIRED PARKING
Must be outside of rights-of-way
1. Single-family detached
2 spaces per unit
2. Townhouse and duplex
1 space per bedroom, up to 2 per unit
3. Apartment dwellings
1 space per bedroom, up to 2 per unit
4. Accessory dwellings
1 space per bedroom, up to 2 per unit
5. Retail
1 space for every 500 square feet of gross floor area*
6. Office/business uses
1 space for every 500 square feet of gross floor area*
7. Institutional/churches
1 space for every 6 seats
8. Business park/industrial
1 space each for the maximum number of employees present at any one time*
* Off-street parking for commercial uses shall be sufficient to provide parking for employees of all proposed uses as well as long-term customer parking. Spaces reserved for employees shall be designated as such by means of striping and signage. Parking shall be located at the rear and sides of buildings to the greatest extent possible and screened from the view of streets.
<strong> </strong><strong>14.07.040 Location of Spaces.</strong>
A. Off-street parking facilities for residential uses shall be provided and located on the same lot as the building they are intended to serve.
B. 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, except driveways.
1. The location of required off-street parking facilities for other than residential uses shall be within seven hundred (700) feet of the building they are intended to serve when measured from the nearest point of the building or structure.
2. 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.
3. Garages or required off-street parking spaces shall be set back twenty-two (22) feet from the back of the sidewalk.
<strong>14.07.050 Handicap Parking Spaces.</strong>
A. Handicap parking spaces shall be required for all retail, office, business, industrial, institutional uses, as well as multi-family units.
B. Handicap parking spaces shall be designated as being for the handicapped with painted symbols and standard identification signs.
C. Handicap parking spaces shall be located as close as possible to the nearest accessible building entrance.
D. Number of Handicap Parking Spaces:
Total Parking Spaces in Lot
Minimum Required
Number of Handicap Parking Spaces
1-25
1
26-50
2
51-75
3
76-100
4
101-150
5
151-200
6
201-300
7
301-400
8
401-500
9
501-1000
2% of total
1000 and over
20 plus 1 for every 100 over 1000
For every eight (8) handicap parking spaces there must be at least one (1) van-accessible space. If there is only one (1) handicap parking space, that space must be van-accessible.
<strong> </strong><strong>14.07.060 Handicap Parking Space Dimensions.</strong>
A. Parking spaces must be eight (8) feet by eighteen (18) feet with a five (5) foot wide access aisle.
B. Van-accessible spaces must be eight (8) feet by eighteen (18) feet with an eight (8) foot wide access aisle.
C. Parking spaces for the physically handicapped that are parallel to a pedestrian walk which is handicap accessible may have the same dimensions as those for standard vehicles.
<strong> </strong><strong>14.07.070 Parking Stall Dimensions.</strong>
Parking stalls for automobiles shall meet the following standards. All dimensions represent the minimum requirement for any required parking space.
PARKING STALL DIMENSIONS
Parking
Angle
(A)
Stall
Width
(B)
Stall to
Curb
(C)
Aisle
Width
(D)
Curb Length
(E)
Overhang
(F)
45°
9'
19'
13'
12' 8"
1' 5"
60°
9'
20'
13'
10' 5"
1' 8"
90°
9'
18'
24'
9'
2'
0°(parallel)
8' *
8' *
12'
24'
0'
*Except along local streets where 7' is permitted.
<strong>14.07.080 Bicycle Parking Spaces.</strong>
Commercial, industrial, civic, employment, multi-family and recreational uses shall provide bicycle facilities to meet the following standards:
A. 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 provided by the development, but not less than one (1) space.
B. For convenience and security, bicycle parking facilities shall be located near building entrances. Within downtown commercial areas, however, a grouping of spaces shall be utilized as directed by the Town.
C. Bicycle parking facilities shall be designed to allow the bicycle frame and both wheels to be securely locked to a parking structure which is permanently attached to the pavement.
<strong>14.07.090 Parking Restrictions for Excess Weight Vehicles and Recreational Vehicles.</strong>
A. The owner or operator of any vehicle weighing in excess of ten thousand (10,000) pounds, other than emergency vehicles, shall not park said vehicle on any public right-of-way or roadway, except when making local deliveries, nor shall excess weight vehicles, boats, boat trailers, tractors, trailers, semi-trailers, motor homes, buses or detached/dismounted campers be parked or kept on private property for longer than seventy-two (72) hours, except as herein provided.
B. No boat, boat trailer, tractor, trailer, semi-trailer, motor home, bus or detached/ dismounted camper shall be kept or parked upon any public right-of-way or roadway, except for visitation purposes not exceeding twenty-four (24) hours.
C. All excess weight vehicles, boats, boat trailers, motor homes, buses or detached/ dismounted campers kept or stored on private residential property for longer than seventy-two (72) hours shall be kept or stored in the rear yard screened from view, or within an enclosed building. No such vehicle shall be used for storage or as a business or residential premises.
D. All excess weight vehicles, boats, boat trailers, tractors, trailers, semi-trailers, motor homes, buses or detached/dismounted campers kept or stored on private property for longer than seventy-two (72) hours shall be kept or stored in a yard screened from view or within an enclosed building. The property where storage occurs must be properly zoned for the use. No such vehicle shall be used for storage or as a business or residential premises.
E. No mobile home may be located permanently or temporarily in any residential area unless said area is zoned for the same.
(Municipal Code Codification 2022)
[Remainder of page left blank intentionally]
<strong>14.07.100 Dimensional and Parking Requirements Table.</strong>
Maximum Density &amp; Lot Conformance Coverage
NA
NA
15 dwelling units per acre
“
NA
NA
NA
NA
NA
NA
NA
NA
Parking Regulation
2 spaces per dwelling unit
“
“
1 per unit
1 for each 3 seats
4+2 for ea. enclosed space
1 fir ea. 50 sq. ft. of gross floor space
2 for ea. customer chair
1 sp. for. ea. 300 sq. ft.
1 sp. for ea. 200 sq. ft.
1 sp. for ea. 400 sq. ft. gross floor area
1 sp. for ea. 500 sq. ft.
Maximum Bldg. Heights
35 ft.
35 ft.
35 ft.
35 ft.
35 ft.
35 ft.
35 ft.
35 ft.
35 ft.
35 ft.
35 ft.
35 ft.
Minimum Rear Setback
10 ft.
10 ft.
10 ft.
10 ft.
10 ft.
10 ft.
10 ft.
10 ft.
10 ft.
10 ft.
10 ft.
10 ft.
Minimum Side Setback
10 ft.
10 ft.
10 ft.
*Not required
“
“
“
“
“
“
10 ft.
10 ft.
Minimum Front Setback
25 ft.
25 ft.
15 ft.
15 ft.
15 ft.
*10 ft.
15 ft.
15 ft.
15 ft.
15 ft.
10 ft.
10 ft.
Minimum Lot Width at Bldg. Line
50 ft.
75 ft.
200 ft.
100 ft.
50 ft.
150 ft.
200 ft.
25 ft.
50 ft.
25 ft.
50 ft.
50 ft.
Minimum Lot Area (Sq. Ft.)
6,500
10,500
28,000
RESIDENTIAL
One Family
Two Family
Multi-Family
COMMERCIAL
Motels
Restaurants &amp; Lounges
Service Stations
Drive-Ins
Beauty and Barber
Other Retail Stores
Business &amp; Professional Offices
INDUSTRIAL
Light Industrial
Industrial
*Maintaining shall be 25 feet.
** Subject to recommendation and Town Council approval.
(Ord. 60, Art. VI, Table, 1983)
</dd>
<dt>14.08 Design Standards</dt>
<dd>
Part 1
Mobile Home and Travel Trailer Park Development Standards
Sections:
<strong>14.08.010 Mobile Home and Travel Trailer Park Construction Requirements.</strong>
<strong> 14.08.020 Mobile Home and Travel Trailer Park General Design Standards.</strong>
<strong> 14.08.030 Additional Design and Regulation Standards for Mobile Home Parks.</strong>
<strong> 14.08.040 Additional Design and Regulation Standards for Travel Trailer Parks.</strong>
Part 2
Sidewalks, Multi-Use Pathways and Trails
Sections:
<strong>14.08.050 Sidewalks, Multi-Use Pathways and Trails Design Standards.</strong>
Part 3
Easement and Utility Standards
Sections:
<strong>14.08.060 Utility Easement Width.</strong>
<strong> 14.08.070 Multiple Installations within Easements.</strong>
<strong> 14.08.080 Underground Utilities.</strong>
<strong> 14.08.090 Street Lighting.</strong>
Part 4
Parks and Open Space
Sections:
<strong>14.08.100 Parks and Open Space Standards.</strong>
Part 5
Fences and Walls
Sections:
<strong>14.08.110 Fences and Walls.</strong>
Part 6
Sanitary Sewer
Sections:
<strong> </strong><strong>14.08.120 Sanitary Sewer Standards.</strong>
Part 7
Potable Water
Sections:
<strong>14.08.130 Potable Water Standards.</strong>
Part 8
Fire Hydrants
Sections:
<strong> </strong><strong>14.08.140 Fire Hydrant Standards.</strong>
Part 1
<strong>Mobile Homes and Travel Trailer Park Development Standards</strong>
<strong><strong> </strong></strong>
<strong>14.08.0010 Mobile Home and Travel Trailer Park Construction Requirements.</strong><strong> </strong>
The following construction requirements shall be applicable to both Mobile Home and Travel Trailer Parks, and shall be completed before any Certificates of Occupancy are issued:
A. Streets. Streets or accessways within the Mobile Home Park shall be paved or blacktopped at the time of first occupancy. Streets shall be a minimum of forty feet (40’) wide. Street widths shall be measured from the back-of-curb to back-of-curb. On-street parking on one-way streets shall not be permitted. On-street parking on two-way streets shall be for a maximum of twenty-four (24) hours. Enforcement of on-street parking regulations shall be the responsibility of the Park owner. Dead-end streets shall not be permitted. Non-through streets shall end in a cul-de-sac having a minimum radius of thirty feet (30’).
B. Fire Fighting and Prevention. Fixed installations for fire department operation shall be provided in accordance with Town of Dinosaur standards. Fire hydrants shall be installed in accordance with current standard specifications of the Town and the Fire District.
C. Buildings. Recreation buildings and other community service facilities are subject to the Town Land Use Regulations. Management offices, storage facilities, sanitary facilities and indoor recreation areas may be provided. No mobile home or travel trailer shall be placed closer than twenty feet (20’) to a building.
D. Construction Requirements. All developers of any Mobile Home Park or Travel Trailer Park shall submit proposed plans of the same to the Planning Commission and Town Council for approval in the same manner as subdividers are required to present designs and plats. The subdivision regulations insofar as the requirements for platting and approval thereof shall be applicable to all developers herein.
(Ord. 60, Art. VIII, §801.1, 1983)
<strong> </strong><strong>14.08.020 Mobile Home and Travel Trailer Park General Design Standards.</strong><strong> </strong>
The following Design standards shall be applicable to both Mobile Home Parks and Travel Trailer Parks, and shall be completed before any Certificates of Occupancy are issued:
A. Utilities. All utilities shall be placed underground in Travel Trailer Parks, tents shall not be permitted.
B. Open Space. Common areas or playgrounds shall be provided at the ratio of 200 square feet per mobile home rental space or travel trailer rental space and shall be centrally located, unless the mobile home or travel trailer is located adjacent to a playground area.
C. Park Size. The minimum size of a Mobile Home Park or Travel Trailer Park shall be two (2) acres.
D. Lighting. All streets and walkways within the Park shall have a minimum standard of illumination as provided by 175 watt mercury vapor lamps or equivalent LED lamps at a maximum spacing of 300 feet.
E. Storage Access. Storage access shall be provided for motorhomes, boats, boat trailers, tent trailers, horse trailers and detachable pickup campers.
(Ord. 60, Art. VIII, §802.1, 1983)
<strong>14.08.030 Additional Design and Regulation Standards for Mobile Home Parks.</strong>
Mobile Home Parks shall be subject to the following Design and Regulation Standards in addition to those herein provided above:
A. Mobile Home Width. Mobile homes shall be a minimum of ten feet (10’) in width measured wall-to-wall.
B. Parking. Off-street parking for a minimum of two (2) vehicles, within the minimum area of 400 square feet shall be provided at each mobile home space.
C. Garbage. Receptacles or containers shall be provided for each rental space. All containers shall comply with the applicable regulations with the Town of Dinosaur refuse collection requirements and removal shall be the responsibility of the Park owner.
D. Walkways. Walkways not less than two feet (2’) wide shall be provided from streets to all public buildings.
E. Structural Additions. No other structural additions shall be built onto or become a part of any mobile home, except entrance steps. No mobile home shall support any building in any manner unless the addition is an awning, patio cover or carport, or storage building. Such additions shall comply with the current Town building codes.
F. Skirting. Each mobile home shall be skirted completely within forty-five (45) days of placement, with permanent, all-weather, non-combustible skirting material approved by the Zoning Enforcement Official. Allowance shall be made for ventilation. An entry panel or door shall be available for access to utility connections. No galvanized metal, nor corrugated fiberglass may be used for skirting. The color shall be compatible with the Mobile Home.
G. Patio Pads. Patio pads shall be provided for each rental space. Patio pads shall have a minimum area of 200 square feet and shall be concrete or paved.
H. Mobile Home Hook-Ups. It shall be the responsibility of the Mobile Home Park owner to ensure that all utility hook-ups are completed according to Federal, State and local Codes.
I. Lot Area. Minimum lot size of 3500 square feet and a minimum frontage shall be not less than 30 square feet. Minimum front setback for a Mobile Home on a corner lot with inserting street shall be 20 feet; measured from the unit to the property line or back-of-curb, whichever is greater. If a Mobile Home space borders on a private street, the minimum side and rear yard setback shall be 8 feet. If a Mobile Home has parking spaces, 400 square feet to the side of the unit: a setback of 10 feet shall be allowed on a straight street.
J. Pets. Municipal Code shall apply.
(Ord. 60, Art. VIII, §803.1, 1983)
<strong> </strong><strong>14.08.00 Additional Design and Regulation Standards for Travel Trailer Parks.</strong><strong> </strong>
Travel Trailer Parks shall be subject to the following Design and Regulation Standards in addition to those provided above:
A. Sanitary Facilities. Separate sanitary facilities for men and women shall be provided. Each facility shall contain one flush water closet and/or urinal and one lavatory for every ten (10) spaces and one shower for every sixteen (16) spaces or fraction thereof. Dumping facilities shall be provided and shall be approved by the Town.
B. Trailer Width. Maximum trailer width shall be eight feet (8’).
C. Trailer Space. Each travel trailer rental space shall have a parking pad of 10 feet by 20 feet, that shall consist of concrete or blacktop at the time of first occupancy.
D. Travel Trailer Park Lot Size. Minimum lot size shall be 1000 square feet and a minimum frontage shall not be less than 20 feet measured form the edge of the parking pad to the property line or back-of-curb, whichever is greater. If a trailer borders on a private street, the minimum side and rear yard setback shall be 8 feet.
E. Parking. One off-street parking space that is paved or compacted gravel shall be provided for each rental space.
F. Garbage. Refuse collection and removal shall be the responsibility of the Park owner. There shall be a central dumping area as approved by the Town.
G. Pets. Municipal Code shall apply.
(Ord. 60, Art. VIII, §804.1, 1983)
Part 2
Sidewalks, Multi-Use Pathways and Trails
<strong>14.08.050 Sidewalks, Multi-Use Pathways and Trails Design Standards.</strong>
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 Provisions.
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. Sidewalks shall be separate and distinct from motor vehicle circulation to the greatest extent possible. The pedestrian circulation system shall include gathering/sitting areas and provide benches, landscaping and other street furniture where appropriate.
2. Sidewalks Required. In all zone districts, sidewalks are required along both sides of a street. Within the Industrial Zone District, sidewalks are required along one side of the street.
3. Sidewalk Width. Sidewalks shall be a minimum of five (5) feet wide along local streets; a minimum of five (5) feet wide along one side and eight (8) feet wide along the other side of collector streets; and a minimum of eight (8) feet wide along arterial streets. A four (4) foot detached sidewalk is an acceptable sidewalk alternative if it is approved through the subdivision exception process. Sidewalks adjacent to storefronts in commercial areas shall be ten (10) to fifteen (15) feet in width, or consistent with the average sidewalk width on a block if building in an area with existing sidewalks.
4. Sidewalk Location. Sidewalks shall be located within the right-of-way unless otherwise authorized by the Town Council.
5. Sidewalk Materials. The acoustic, thermal, visual and tactile properties of sidewalk paving materials shall be appropriate to the proposed functions of pedestrian circulation. Sidewalks shall be constructed of concrete, brick, slate, colored/textured concrete pavers, concrete containing accents of brick, or some combination thereof that is compatible with the style, materials, colors, and details of the surrounding buildings. Asphalt shall not be used for sidewalks.
Sidewalks must be constructed of approved materials of sufficient strength to support light maintenance vehicles. If used as a secondary emergency access, sidewalks must also be able to support a fire truck (60,000 lbs.) Please refer to the Town Standards and Specifications for additional sidewalk construction standards.
6. Sidewalk Installation. Sidewalks and related improvements shall be installed or constructed by the subdivider in accordance with plans and specifications approved by the Town and, after installation or construction, they shall be subject to inspection and approval by the Town. All required improvements shall be completed in accordance with the officially established grades.
7. Accessibility. Sidewalks and plazas shall be accessible to handicapped individuals. (Refer to Americans with Disabilities Act (ADA) requirements.)
8. Walkways. Walkways through a subdivision block shall be not less than eight (8) feet in width, shall be within a dedicated right-of-way not less than twenty (20) feet in width, and shall be flanked with appropriate landscaping and lighting. Walkways along buildings and within parking lots shall be raised and curbed, where suitable. A direct pedestrian connection to building entries, public space and parking areas shall be provided from public sidewalks. Walkways shall be constructed of the same materials as sidewalks, except that walkways internal to asphalt surfaced parking lots may be of asphalt construction. Walkways crossing driveways in parking lots shall be clearly delineated by a change in pavement color or texture or paint striping. Please refer to the Town Standards and Specifications for additional sidewalk construction standards.
9. Lighting. All sidewalks and other pedestrian walkways shall have appropriate lighting, using poles and fixtures consistent with the overall design theme for the development.
10. Multi-use Pathways (Bikeways). Multi-use pathways shall be provided to link internal open space areas with peripheral open space areas and shall connect to multi-use pathway routes throughout the community. Multi-use pathway routes shall be designated between residential areas and commercial and employment centers. Multi-use pathways on local streets may be delineated by painted “bicycle only” lanes. Sidewalks that may be used as a multi-use pathway are required on arterial and collector streets. All other multi-use pathways shall be a minimum of eight (8) feet wide and shall be of concrete construction or where approved by the Town Council, compressed gravel. Asphalt paving is prohibited. Bike racks shall be provided at the entry to internal and peripheral open space areas.
11. Trails. Trails shall be provided within and surrounding open space areas and connecting open space areas. Trails shall be a minimum of eight (8) feet in width and shall be of concrete construction. A trail may be flanked on one side by a soft surface path a minimum of four (4) feet in width. The soft surface path shall be constructed with a minimum depth of eight (8) inches of compressed gravel, crowned and compacted with edging to contain trail material.
Part 3
Easement and Utility Standards
<strong>14.08.060 Utility Easement Width.</strong>
Utility easements shall measure ten (10) feet on each side of abutting rear lot lines. On subdivision perimeter rear lot lines adjacent to unsubdivided property, utility easements shall measure ten (10) feet in width. In the event that the location of utility easements adjacent to rear property lines is unsuitable for use by utility companies due to drainage, irrigation ditches or other obstructions, the subdivider shall provide like width easements adjacent to said areas of obstruction. Side lot line easements, where necessary, shall measure ten (10) feet in full width; five (5) feet either side of a lot line is acceptable. Front lot line easements shall measure ten (10) feet in width. Easements may be more or less than widths stated if the specific utility indicates in writing a width other than those required by this Code. Utility easements shall be subject to the approval of the Town or applicable utility company.
<strong>14.08.070 Multiple Installations within Easements.</strong>
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.
<strong>14.08.080 Underground Utilities.</strong><strong> </strong>
Telephone lines, electric lines, internet 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. Screening or fencing is required to the satisfaction of the Town 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.
<strong>14.08.090 Street Lighting.</strong><strong> </strong>
Street lighting and associated underground street lighting supply circuits shall be installed. The minimum requirement shall be two hundred fifty (250) watt sodium vapor lamps or equivalent LED lamp at a maximum spacing of four hundred (400) feet for local streets. Arterial streets and commercial areas shall have a higher level of lighting as determined by the Town Council.
Part 4
Parks and Open Space
<strong>14.08.100 Parks and Open Space Standards.</strong>
A. Intent. To ensure that a comprehensive, integrated network of parks and open space is developed and preserved as the community grows.
B. Types of Parks and Open Space.
1. Pocket Parks. Pocket parks provide places within walking distance of residential units for supervised play for young children and unstructured activities for neighborhood residents. Developers must provide the land and develop a one (1) acre pocket park for every two hundred (200) residential units. At a minimum, a pocket park shall include live ground cover, trees, and irrigation plus one of the following: playground equipment, contemplative garden or other active or passive recreation opportunities for the neighborhood.
Projects with less than two hundred (200) units must provide a pocket park or demonstrate that they are within one-quarter (¼) mile of a neighborhood park. If credit is taken for proximity to a neighborhood park, the developer must provide a cash-in-lieu equivalent for their pro rata share of the cost of land and improvements for a pocket park (i.e., provide twenty-five [25] percent of a pocket park for fifty [50] units).
The land and amenities of a pocket park may be added to a centrally located neighborhood park. The pocket park amenities placed in a neighborhood park must be within one-quarter (¼) mile of the sub-neighborhood’s two hundred (200) residences served. For example, a neighborhood park serving a neighborhood of four hundred (400) residences shall have two (2) pocket park amenity pods, located to conveniently serve each of the sub-neighborhoods.
2. Neighborhood Parks. Neighborhood parks are places for recreation and social gatherings that are within walking distance of most residents. These parks can include multiple-use lawn areas, picnic areas, playground equipment, court game facilities and community gardens. The general locations for each four (4) to six (6) acre neighborhood park are shown on the Town Comprehensive Plan. Every residential development shall either provide land for a neighborhood park or provide a fair share, cash-in-lieu contribution for the park that will serve the neighborhood. This can be credited toward the twenty (20) percent land dedication required at the time of subdivision. Developers providing land shall submit a conceptual design for the park to demonstrate that it meets the intent of the Town Comprehensive Plan. The Town will be responsible for the development and maintenance of the park.
3. Community Park. Community parks serve the residents of several neighborhoods. Community parks are to be located on or near arterial streets at the edge of residential areas or in non-residential areas to minimize the impact of organized recreational activities such as lighted ball fields. The general locations for community parks are shown on the Town Comprehensive Plan. These parks will be purchased and developed by the Town.
4. District Park. District parks serve the residents of the entire Town as well as people who live outside of the community. These parks are located to take advantage of special natural settings. Town’s district parks are illustrated on the Town Comprehensive Plan. District parks are purchased and developed by the Town.
5. Trails. The trail system shall link neighborhoods, parks, schools, open spaces, employment centers, community facilities and neighboring communities and thus provide important transportation connections as well as recreational opportunities and access. Developers must provide trails in all areas designated “Parks and Trails” on the Town Comprehensive Plan as well as connections to the Town’s trail system and destinations within the neighborhood.
6. Regional Open Space. Town’s regional open space system includes: Town drainage ways, floodplains, natural areas, natural area buffer zones, wetlands, subsidence areas, agriculture preservation areas and lands of archeologic or historic significance. Access is generally limited to trails, educational signs and similar improvements.
7. Storm Drainage Facilities. Storm drainage facilities, including stormwater detention and stormwater retention ponds, may function as open space for active recreation, trail corridors or habitat enhancement areas if they are designed appropriately. Credit toward the open space dedication requirements will be considered on a case-by-case basis by the Town Council at the time of platting.
C. General Provisions.
1. Open Space Should Serve as the Neighborhood Focus. Open space, such as the Town drainage ways and developed parks and plazas, shall be used to organize and focus lot, block and circulation patterns and to enhance surrounding development. Street, block, lot and building patterns shall respond to the views, landscape and recreational opportunities provided by the open space.
2. Public Access. Areas designated as public open space shall be both visibly and physically accessible to the community. Public access shall be provided to all public open space, natural and developed, directly from the public street and trail system. Open space areas shall be bounded along at least fifty (50) percent of the perimeter by a street, except for pocket parks, unless otherwise authorized by the Town Council. Pocket parks shall be integrated into the neighborhood design and be accessible to pedestrians and bicyclists.
3. Buildings Shall Front Public Open Space. Development adjacent to open spaces shall front onto the area as much as possible, so that the areas are not enclosed by back yards. In the case of conservation subdivisions, open space frontage shall be appropriate to the design and character of the development. Open space and trail areas shall have a minimum of three hundred (300) feet of street frontage unless otherwise authorized by the Town Council.
4. Buffering. Appropriate buffering and setbacks shall be used between environmental resources and proposed development to ensure that the proposed development does not degrade the existing habitat. Developers shall provide an open space buffer zone around all natural areas unless otherwise authorized by the Town Council. The size of the buffer zone shall be in accordance with studies prepared by the Colorado Division of Wildlife or a qualified wetland/wildlife ecologist employed by the Town and paid for by the developer.
5. Open Space Uses. Uses designated within the open space shall be appropriate to the context and character of the site and the intensity of the proposed development.
6. Ownership and Maintenance of Open Space. Ownership and maintenance of public open space shall be determined by the Town on a case by case basis through the review process.
a. Generally, the Town shall own and maintain neighborhood parks, community parks, district parks and public trails.
b. Pocket parks, shall be owned by the Town and maintained by a homeowners association or the landowner.
c. Landscaped outlots and private recreational facilities shall be owned and maintained by a homeowners association or the landowner.
d. Environmentally sensitive, archaeologic and historic resources may be dedicated to the Town and maintained by the Town if approved by the Town Council.
e. Stormwater detention and retention areas that function as open space shall be owned and maintained by a homeowners association or the landowner, unless otherwise approved by the Town.
f. Areas designated as open space shall be maintained according the designated function of the area. Applicants shall work with the National Resources Conservation Service to develop a management plan which addresses: irrigation, revegetation, erosion control, and weed management. If the area is to remain in private ownership, a mechanism which will assure maintenance will be funded in perpetuity must be in place at the time of final plat.
7. Open Space Protection. Areas designated as open space shall be protected by a deed restriction or other appropriate method to ensure that they cannot be subdivided or developed in the future and remain open in perpetuity. They may be dedicated to the public or held in private ownership. Appropriate ownership will be determined through the review process in cooperation with the landowner. Future use may include recreational or agricultural activities if approved by the Town.
D. Open Space Requirements.
1. Open space requirements are intended to provide a unified network of public and private facilities to serve the needs of the residents. Public land dedication requirements are identified in subsection (D)(3)(b) below. Open space includes both private and public lands as follows:
a. Areas within the community designated for the common use of the residents of an individual development and/or the community at large;
b. Areas designated for preservation and protection of environmental resources including floodplains, natural drainage ways, and wetland areas;
c. Areas impacted by subsidence;
d. Areas designated for agricultural preservation; and
e. Areas of archeologic and historic significance.
2. Open Space Shall Not Include the Following:
a. Required setback areas around oil and gas production facilities;
b. Disconnected remnants of land created by division of sites into lots or parcels that do not qualify as functional open space or that preserve environmental resources, unless approved by the Town Council;
c. Private yards;
d. Tree lawns in street rights-of-way; or
e. Required parking lot landscaping associated with all uses, except parking specifically designated for access to open space areas and within commercial/industrial projects.
3. Amount of Open Space Required. The amount of functional open space required in each development will be based on the density of the development, the recreational requirements of the anticipated users and the anticipated opportunities for public recreation within walking distance of the site (¼ mile). However, all residential subdivisions shall dedicate a minimum of twelve (12) percent of the gross land area for public parks, trails, open space or other civic purposes at the time of subdivision. This dedication can be credited toward the overall open space required for the subdivision.
a. Single-Family Residential Developments. The developer shall provide:
i. A minimum of twenty (20) percent of the gross land being subdivided as functional open space which may include: pocket parks, trails, recreational amenities, homeowner association owned landscaped areas (excluding parking lots), natural areas and amenities for residents or other civic purposes;
ii. One (1) centrally-located pocket park for every two hundred (200) residential units;
iii. The land for one (1) neighborhood park within one-quarter (¼) mile radius of the proposed homes (general locations are shown on the Town Comprehensive Plan); or a fair-share, cash-in-lieu contribution for the cost of the neighborhood park that will serve the development; and
iv. An internal trail system and the trails designated on the Town Comprehensive Plan.
b. Multi-Family Residential Developments. The developer shall provide:
i. A minimum of twenty-five (25) percent of the gross land being subdivided as functional open space which may include: pocket parks, trails, recreational amenities, homeowner association or landowner owned landscaped areas (excluding parking lots), natural areas and amenities for residents or other civic purposes;
ii. One (1) centrally-located pocket park for every two hundred (200) residential units;
iii. The land for one (1) neighborhood park within one-quarter (¼) mile radius of the proposed homes (general locations are shown on the Town Comprehensive Plan); or a fair-share, cash-in-lieu contribution for the neighborhood park that will serve the development; and
iv. An internal trail system and trails designated on the Town Comprehensive Plan.
c. R Developments. The developer shall provide:
i. A minimum of twenty-five (25) percent of the gross land being subdivided as functional open space which may include: pocket parks, plazas, trails, recreational amenities, homeowner association-owned landscaped areas (excluding parking lots), natural areas and amenities for residents or other civic purposes;
ii. One (1) centrally-located pocket park for every two hundred (200) units;
iii. The land for one (1) neighborhood park within one-quarter (¼) mile radius of the proposed homes (general locations are shown on the Town Comprehensive Plan); or a fair-share, cash-in-lieu contribution for the neighborhood park that will serve the development; and
iv. An internal trail system and trails designated on the Town Comprehensive Plan.
d. Planned Unit Developments (PUD). The developer shall provide:
i. A minimum of twenty-five (25) percent of the gross land being developed as common functional open space which may include: pocket parks, trails, homeowner association or landowner owned landscaped areas (excluding parking lots), natural areas and amenities for residents and other civic purposes;
ii. One (1) centrally-located pocket park for every two hundred (200) residential units;
iii. Land for one (1) neighborhood park within one-quarter (1/4) mile radius of the proposed homes (general locations are shown on the Town Comprehensive Plan); or a fair-share, cash-in-lieu contribution for the neighborhood park that will serve the development; and
iv. An internal trail system and trails designated on the Town Comprehensive Plan.
Part 5
Fences and Walls
<strong> </strong><strong>14.08.110 Fences and Walls.</strong>
A. General Provisions.
1. Materials.
a. Stone walls, or brick walls with a stone or cast stone cap, treated wood fences, decorative metal, cast iron fences, stucco walls, and stone piers are encouraged. Solid walls and fences are permitted only in rear and side yards. Retaining walls are permitted where required for landscaping or architectural purposes. Hedges may be used in the same manner and for the same purposes as a fence or wall.
b. Fences used in front yards shall be at least fifty (50) percent open. Allowable fences are split rail, wrought iron, picket, or other standards residential fences of a similar nature approved by the Building Inspector.
c. Solid fences shall be constructed to meet the wind design criteria of the adopted International Building Code, using a basic wind speed of eighty (80) miles per hour.
d. Other materials may be incorporated in fences and walls as may be approved by the Town.
2. Prohibited Materials. Contemporary security fencing such as concertina or razor wire, or barbed wire, or electrically-charged fences are prohibited unless specifically allowed by the Town Council. Chain link fencing with or without slats shall not be used as a fencing material for screening purposes without approval by the Town Council.
3. Retaining Walls. Retaining walls shall be designed to resist loads due to the lateral pressure of retained material in accordance with accepted engineering practice and shall not be unsightly or detrimental to abutting property.
4. Height Limitations. Fences or walls shall be:
a. No more than forty-two (42) inches high between the front building line and the front property line. Walls shall not be solid except for retaining walls. For corner lots, front yard fence regulations shall apply to both street sides of lot.
b. No more than forty-two (42) inches high if located on a side yard line in the front yard, except if required for demonstrated unique security purposes. Fences and walls shall not be solid, except for retaining walls.
c. No more than five (5) feet high for an opaque privacy fence located on a rear property line or on a side yard line in the rear yard.
d. No more than six (6) feet high for opaque privacy fences that are located directly adjacent to and integrated with the architecture of the house or connected to a courtyard.
e. No more than thirty (30) inches high when located within the site distance triangle, and fences or walls within this site distance triangle shall not be solid.
f. In the Industrial (I) zone district, a chain link fence is permitted so long as it is not higher than six (6) feet anywhere on the premises and the visibility at the intersection shall be in accordance.
g. Fences around a recreation court (e.g. tennis, squash racket, squash tennis or badminton) or around a publicly-owned recreation area may exceed six (6) feet in height if the fence is at least fifty (50) percent open.
5. Maintenance. Dilapidated, unsightly or dangerous fences shall be removed or repaired when so ordered by the Building Inspector. Hedges shall be maintained in a healthy condition, trimmed and pruned as appropriate for the plant type. Dead plant material in hedges shall be removed or replaced as appropriate when so ordered by the Building Inspector. Hedges shall not encroach upon sidewalks or street rights-of-way.
B. Warranty Period. The warranty period for perimeter fences along arterial and collector streets shall be two (2) years. Provision for compliance shall be as outlined in the warranty section of the Development Agreement for Public Improvements.
Part 6
Sanitary Sewer
<strong>14.08.120 Sanitary Sewer Standards.</strong>
<strong><strong> </strong></strong>
All residential, commercial and industrial uses which have human occupancy shall have sanitary sewer. The sanitary sewer system shall be connected to the Town’s 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. Sanitary sewer lines are to be of sufficient size and design to collect all sewage from all proposed or portable structures within the subdivision or development. On a case-by-case basis, the Town Council may approve individual sewage disposal systems that comply with Moffat County Health Department standards. However, no new addition, upgrade or major repair to an individual sewage disposal system will be permitted if the property is located within four hundred (400) feet of a municipal collection line, measured through existing sewer easements or utility rights-of-way, except where such connection is not feasible or has been denied by the Town.
Part 7
Potable Water
<strong> </strong><strong>14.08.130 Potable Water Standards.</strong>
All residential, commercial and industrial uses, which have human occupancy, shall have potable water served by the Town. 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.
Part 8
Fire Hydrants
<strong> </strong><strong>14.08.140 Fire Hydrant Standards.</strong>
The subdivider shall install fire hydrants at street intersections and at other points as per the requirements of the Fire Department of the Town. Fire hydrants shall have national standards threads, two and one‑half (2½) inch outlets and four and one‑half (4½) inch or six (6) inch streamers.
</dd>
<dt>14.09 Permits, Licenses and Inspections for Mobile Homes</dt>
<dd>
<strong>14.09.010 Mobile/Modular Home Permits Required.</strong>
<strong>14.09.020 Application.</strong>
<strong>14.09.030 Issuance of Permits.</strong>
<strong>14.09.040 Inspection.</strong>
<strong>14.09.050 Denial of Permit.</strong>
<strong>14.09.060 Mobile Home and Travel Trailer Park Licenses Required.</strong>
<strong>14.09.070 Transfer of Interest.</strong>
<strong>14.09.080 Compliance with Title Required.</strong>
<strong>14.09.090 Application.</strong>
<strong>14.09.100 Denial of License.</strong>
<strong>14.09.110 Inspections for Mobile Home and Travel Trailer Parks.</strong>
<strong> </strong><strong>14.09.010 Mobile/Modular Home Permits Required.</strong>
Persons will be required to obtain a mobile home permit from the Town Building Inspector prior to the siting of a mobile home within the Town of Dinosaur. In order to obtain such a permit, the applicant must be able to represent to the Building Inspector that his plans are in accordance with municipal standards as set forth in this Title and pay a one-time fee of fifteen dollars ($15.00).
(Ord. 60, Art. VII, §701.1, 1983)
<strong>14.09.020 Application.</strong>
The application for a Mobile/Modular Home permit shall include the following information:
A. Name and address of applicant.
B. Location and legal description of lot upon which mobile home is to be situated.
C. Name and address of property owner.
D. Development of plans.
1. Description of mobile/modular home (dimensions, condition, etc.)
2. Location of mobile/modular home.
(Ord. 60, Art. VII, §701.2, 1983)
<strong>14.09.030 Issuance of Permits.</strong><strong> </strong>
When, upon review of the application, the Town Building Inspector is satisfied that the proposed plan meets the requirements of this Title and other applicable Codes, a permit shall be issued. All permits shall include:
A. Job address, or lot number and block number where no address exists.
B. Name of the owner.
C. Amount paid by applicant.
D. Date permit issued.
E. Date permit expires.
F. Development stipulations:
1. When skirting required.
2. When inspections (water, sewer, gas pressure, electrical) required.
3. Information on required or approved:
a. Setbacks
b. Ground Cover
c. Drainage
d. Refuse Containers
e. Landings and Stairs
f. Skirting Material
g. Permanent Foundations
h. Appliance Ventilation
G. The signature of the Building Inspector. Before water and sewer taps can be made for mobile/modular homes to be located on individual lots (not within a mobile home or travel trailer park) a building permit must have been issued.
(Ord. 60, Art. VII, §701.3, 1983)
<strong>14.09.040 Inspection.</strong>
A. Before a mobile/modular home can be installed upon a suitable footing on a Single Family Residential Lot, the owner shall notify the Building Inspector, requesting an inspection. The Building Inspector shall inspect such mobile/modular home to assure it meets the requirements as discussed in this Title, and approve it for placement in the community.
B. After a mobile/modular home has been installed on its stand, the owner shall notify the Building Inspector, requesting an installation inspection. The Building Inspector shall inspect the piers, blocking, and the utilities connections, as well as plans for skirting, which will be required to comply with the stipulations stated in Section 14.04.160 of this Title. If approved, the Building Inspector shall issue a Certificate of Occupancy.
C. No mobile/modular home shall be occupied until a Certificate of Occupancy has been issued by the Building Inspector.
(Ord. 60, Art. VII, §701.4, 1983)
<strong> </strong><strong>14.09.050 Denial of Permit.</strong>
Any person whose application for a mobile/modular home permit under this Title has been denied may request and shall be granted a hearing on the matter under procedure provided in Section 14.01.180.
(Ord. 60, Art. VII, §701.5, 1983)
<strong>14.09.060 Mobile Home and Travel Trailer Park Licenses Required.</strong>
It shall be unlawful for any person to administer any Mobile Home Community within the limits of the Town unless he holds a valid license issued annually by the Zoning Enforcement Official in the name of such person for the specific Mobile Home Community. All applications for licenses shall be made to the Zoning Enforcement Official, who shall issue a license upon compliance by the applicant with provisions of this Title. Said license should be valid for the calendar year in which it is issued, expiring on the 31st day of December of that year.
(Ord. 60, Art. VII, §702.1, 1983)
<strong>14.09.070 Transfer of Interest.</strong>
Every person holding a license shall give notice in writing to the Zoning Enforcement Official within twenty-four (24) hours after having sold, transferred, given away, or otherwise disposed of interest in or control of any Mobile Home Community. Such notice shall include the name and address of the person succeeding to the ownership or control of such Mobile Home Community. Upon application in writing for transfer of the license and deposit of a fee of twenty-five dollars ($25.00), the license shall be transferred if the Mobile Home Community is in compliance with all applicable provisions of this Title.
(Ord. 60, Art. VII, §702.2, 1983)
<strong>14.09.080 Compliance with Title Required.</strong>
The person to whom a Mobile Home or Travel Trailer Park License is issued shall at all times operate the park in compliance with this Title and regulations issued thereunder, and shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and in a clean and sanitary condition at all times.
(Ord. 60, Art. VII, §702.3, 1983)
<strong> </strong><strong>14.09.090 Application.</strong><strong> </strong>
A. Application for original licenses shall be in writing, signed by the applicant, accompanied by an affidavit of the applicant as to the truth of the application and by the deposit of a fee of twenty-five dollars ($25.00) and shall contain:
1. The name and address of the applicant;
2. The location and legal description of the Mobile Home Park;
3. A site plan, showing all Mobile Home stands, structures, roads, and other service facilities.
B. Applications for renewal of licenses shall be made in writing by the holders of the licenses, shall be accompanied by the deposit of a fee of twenty-five dollars ($25.00) and shall contain any change in the information submitted since the original license was issued or the latest renewal granted.
(Ord. 60, Art. VII, §702.4, 1983)
<strong> </strong><strong>14.09.100 Denial of License.</strong>
Any person whose application for a license under this Title has been denied may request and shall be granted a hearing on the matter before the Zoning Enforcement Official under the procedure provided by Section 14.01.180 of this Title.
(Ord. 60, Art. VII, §702.5, 1983)
<strong>14.09.110 Inspections for Mobile Home and Travel Trailer Parks.</strong><strong> </strong>
Whenever, upon inspection of any Mobile Home Community, the Zoning Enforcement Official finds that conditions or practices exist which are in violation of this Title, the Zoning Enforcement Official shall give notice in writing in accordance with Section 14.01.180 to the person to whom the license was issued that unless such conditions or practices are corrected within a reasonable period of time specified in the notice by the Zoning Enforcement Official, the license shall be suspended. At the end of such a period, the Zoning Enforcement Official shall reinspect such Mobile Home Community and, if such conditions or practices have not been corrected, he shall suspend the license and give notice in writing of such suspension to the person to whom the license is issued. Upon receipt of notice of such suspension, such person shall cease administration of such Mobile Home Community except as provided in Section 14.01.200 of this Title.
(Ord. 60, Art. VII, §702.6, 1983)
</dd>
<dt>14.10 Sign Code</dt>
<dd>
<strong>14.10.010 Purpose/Intent.</strong>
<strong>14.10.020 Sign Permits and Administration.</strong>
<strong>14.10.030 Enforcement.</strong>
<strong>14.10.040 Exempt Signs.</strong>
<strong>14.10.050 Prohibited Signs.</strong>
<strong>14.10.060 Measurements of Sign Area and Height.</strong>
<strong>14.10.070 Sign Design.</strong>
<strong>14.10.080 Installation and Maintenance.</strong>
<strong>14.10.090 Standards for Specific Types of Signs. </strong>
<strong>14.10.100 Sign Standards by Zoning District.</strong>
<strong>14.10.101 Sign Standards Matrix-Permitted, Exempt or Prohibited.</strong>
<strong>14.10.102 Sign Area Matrix.</strong>
<strong>14.10.103 Sign Illumination Matrix.</strong>
<strong>14.10.104 Sign Height Matrix.</strong>
<strong>14.10.110 Creative Signs.</strong>
<strong>14.10.010 Purpose/Intent.</strong>
A. The regulations in this Chapter are intended to coordinate the use, placement, physical dimensions, and design of all signs within the Town. The purpose of these regulations is to:
1. Recognize that signs are a necessary means of visual communication for the convenience of the public and provide flexibility within the sign review/approval process to allow for unique circumstances and creativity.
2. Recognize and ensure the right of those concerned to identify businesses, services and other activities by the use of signs, and limit signs to those which are accessory and incidental to the use on the premises where such signs are located.
3. Provide a reasonable balance between the right of an individual to identify his or her business and the right of the public to be protected against the visual discord resulting from the unrestricted proliferation of signs and similar devices.
4. Protect the public from damage or injury caused by signs that are poorly designed or maintained and from distractions or hazards to pedestrians or motorists caused by the indiscriminate placement or use of signs.
5. Ensure signs are well designed and contribute in a positive way to the Town’s visual environment, express local character, and help develop a distinctive image for the Town.
6. Encourage signs that are responsive to the aesthetics and character of their particular location, adjacent buildings and uses, and the surrounding neighborhood. Ensure signs are compatible and integrated with the building’s architectural design and with other signs on the property.
7. Ensure signs are appropriate for the type of street on which they are located.
8. Bring nonconforming signs into compliance with these regulations.
<strong> </strong><strong>14.10.020 Sign Permits and Administration.</strong>
A. Sign Permit Required. To ensure compliance with the regulations of this Chapter, a sign permit shall be required in order to erect, move, alter, reconstruct or repair any permanent or temporary sign, except signs that are exempt from permits in compliance with Section 14.10.040 (Exempt Signs). In multiple tenant buildings, a separate permit shall be required for each business entity’s sign(s). Separate building and electrical permits may be required for signs and will be determined on a case-by-case basis. Changing or replacing the copy on an existing lawful sign shall not require a permit, provided the copy change does not change the nature of the sign or render the sign in violation of this Chapter.
B. Application for a Sign Permit.
1. Sign Permit Application Requirements. Applications for sign permits shall be made in writing on forms furnished by Staff. The application shall contain:
a. The location by street number and the legal description of the proposed sign structure;
b. Names and addresses of the owner, sign contractor and erectors;
c. Legible site plans which include the specific location of the sign and setbacks to adjacent property lines and buildings;
d. A detailed drawing indicating the dimensions, materials, and colors of the proposed sign structure. A certification by a structural engineer may be required by Staff for a freestanding or projecting sign;
e. A graphic drawing or photograph of the sign copy;
f. A description of the lighting to be used, if applicable;
g. Proof of public liability insurance covering freestanding signs and projecting wall signs;
h. If the sign is to be located off the premises advertised, a written lease or permission from the property owner of the site on which the sign will be located; and
i. Sign permit fee and plan check fee as established by the current fee schedule. The applicant shall pay all costs billed by the Town relative to the review of the application.
2. Sign Permit Application Certification of Completion. Within a reasonable time of the date of application submission, Staff shall either certify the application is complete and in compliance of all submittal requirements or reject it as incomplete and notify the applicant in writing of any deficiencies.
3. Staff Review and Approval. When Staff has determined the application to be complete, Staff shall review the sign permit in accordance with the established review criteria and has the authority to approve, approve with conditions or deny the sign permit. Upon Staff’s approval of the sign permit, the sign permit and any building or electrical permits required for the sign shall be issued to the applicant.
C. Sign Permit Review Criteria. The following review criteria will be used by Town Staff to evaluate all sign permit applications:
1. Sign meets the requirements of this Chapter;
2. Sign conforms to the requirements of the building and electrical code;
3. Sign conforms to the 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;
5. Sign would not detract from the character of an architecturally significant or historic structure;
6. Sign would not be located so as to have a negative impact on adjacent property;
7. Sign would not detract from the pedestrian quality of street or area; and
8. Sign would not add to an over-proliferation of signs on a particular property or area.
D. Appeal of Sign Permit Denial or Approval with Conditions. Any appeal of Staff’s denial of a sign permit or approval with conditions shall be made to the Board of Adjustment as provided in these Land Use Regulations.
E. Waivers. Any request for an increase in the maximum allowable area for a sign, or for signs not expressly permitted in these regulations, must be approved through a waiver granted by the Town Council.
<strong> </strong><strong>14.10.030 Enforcement.</strong>
A. Discontinued Establishments; Removal of Signs. Whenever a business, industry, service or other use is discontinued, the sign(s) pertaining to the use shall be removed or obscured by the person or entity owning or having possession over the property within ninety (90) days after the discontinuance of such use.
B. Illegal Signs.
1. Penalties. Illegal signs shall be subject to the administrative remedies of the Town Municipal Code.
2. Removal of illegal signs in the public right-of-way. The Town may cause the removal of any sign within the public right-of-way or on property that is otherwise abandoned that has been placed there without first complying with the requirements of this Chapter.
3. Storage of removed signs. Signs removed in compliance with this Section shall be stored by the Town for thirty (30) days, during which they may be recovered by the owner only upon payment to the Town for costs of removal and storage. If not recovered within the thirty (30)-day period, the sign and supporting structure shall be declared abandoned and title shall vest with the Town. The costs of removal and storage (up to thirty [30] days) may be billed to the owner. If not paid, the applicable costs may be imposed as a tax lien against the property.
<strong>14.10.040 Exempt Signs.</strong>
The following types of signs are exempt from permit requirements of this Chapter and may be placed in any zoning district subject to the provisions of this Chapter. Such signs shall otherwise be in conformance with all applicable requirements contained in this Chapter. All such signs (except government signs) shall be located outside a street right-of-way. Signs shall not interfere with traffic signs or the sight distance triangle at intersections. Evidence of owner’s permission to install sign may be required if the Town checks for the sign’s compliance with this Chapter. All other signs shall be allowed only with permit and upon proof of compliance with this Chapter.
1. Signs that are not visible beyond the boundaries of the lot or parcel upon which they are located and/or from any public thoroughfare or right‑of‑way shall be exempt from the provisions of this Chapter, except that such signs shall be subject to the safety regulations of the International Building Code and the National Electrical Code.
2. Address. Nonilluminated signs not to exceed two (2) square feet in area which identify the address and/or occupants of a dwelling unit or of an establishment.
3. Architectural Features. Integral decorative or architectural features of buildings so long as such features do not contain letters, trademarks, moving parts or lights.
4. Art. Integral decorative or architectural features of buildings; works of art; so long as such features or works do not contain letters, trademarks, moving parts or lights.
5. Banners. Banners applied to paper, plastic or fabric used to decorate or attract attention to a business establishment, provided:
a. The signs are displayed in conjunction with a grand opening celebration for a period not to exceed thirty (30) days, or
b. The signs are displayed in conjunction with a special sale for a period not to exceed thirty (30) days.
c. The signs are displayed no more than two (2) times per calendar year per establishment.
d. The banner shall be securely attached to the wall of the establishment, freestanding signs or light poles on private property.
e. One (1) banner per street frontage per establishment shall be permitted.
6. Building Identification, Historical Markers. Nonilluminated signs constructed of metal or masonry which are permanently affixed to buildings or structures for the purpose of identifying the name of a building, date of erection or other historical information as approved by Staff.
7. Bulletin Board. Bulletin board signs not exceeding fifteen (15) square feet in gross surface area accessory to a church, school, or public or nonprofit institution.
8. Construction. Temporary construction signs provided that:
a. Signs in conjunction with any residential use shall not exceed eight (8) square feet each.
b. Signs in conjunction with all other uses shall have a maximum area of thirty-two (32) square feet each.
c. Only one (1) such sign oriented per street front per premises shall be erected. Any two such signs located on the same premises shall be located at least one hundred (100) feet apart as measured by using a straight line.
d. Such signs shall not be illuminated.
e. Such signs shall only appear at the construction site.
f. Such signs shall be removed within seven (7) days after completion of the project.
9. Courtesy. Nonilluminated or indirectly illuminated signs which identify, as a courtesy to customers, items such as credit cards accepted, redemption stamps offered, menus or prices; limited to one (1) such sign for each use, not to exceed four (4) square feet per face or eight (8) square feet in total area. Such signs may be attached to the building, as projecting or wall signs, suspended from a canopy or included as an integral part of a freestanding sign.
10. Decorations (Holiday). Temporary decorations or displays, when such are clearly incidental to and are customarily and commonly associated with any national, state, local or religious holiday or celebration; provided that such signs shall be displayed for not more than sixty (60) days in any one (1) year; and may be of any type, number, area, height, location, illumination or animation.
11. Directional. On-premise directional and instructional signs not exceeding six (6) square feet in area apiece.
12. Doors. Signs affixed to door glass which identify the name and/or address of an establishment.
13. Farm Products. Temporary farm product signs provided that:
a. One on-premises sign may be used. Said sign shall be located off the street right-of-way and at least ten (10) feet away from any side lot line. Such sign shall have a maximum area of nine (9) square feet and may not be illuminated.
b. A maximum of two (2) off-premise signs shall be permitted. Said off-premise signs may be no greater than four (4) square feet apiece and shall not be illuminated. No such sign shall be allowed in the street right-of-way nor within ten (10) feet of a side lot line.
14. Flags. Flags, crests or banners of nations, or organizations of nations, or states and cities, or professional fraternal, religious, or civic organizations, except when displayed in connection with commercial promotion.
15. Garage, Estate, Yard Sale or Farm Auction. Signs which advertise a private garage or yard sale on the lot on which the sign is located; provided such signs are displayed no more than twice per year per dwelling unit for a period not to exceed three (3) days.
16. Hazards. Temporary or permanent signs erected by the Town, public utility companies, oil and gas companies, or construction companies to warn of danger or hazardous conditions, including signs indicating the presence of underground cables, gas lines and similar devices.
17. Memorial. Memorial signs, plaques or grave markers which are noncommercial in nature.
18. Merchandise. Merchandise, pictures or models of products or services which are incorporated as an integral part of a window display.
19. Notice Boards. Notice Boards for public or religious institutions or other uses as approved by Staff and primarily intended for pedestrians.
20. Oil and gas operation. Identification signs for any oil and gas operation.
21. Political. Political signs displayed on private property in accordance with an official election or signs erected on behalf of candidates for public office provided:
a. The total area of all such signs on a lot does not exceed sixteen (16) square feet.
b. All such signs may be erected no sooner than sixty (60) days in advance of the election for which they were made.
c. The signs are removed within seven (7) days after the election for which they were made.
d. The property owner upon whose land the sign is placed shall give written permission for the placement of said signs and will be responsible for violations.
22. Public Information. Signs which identify restrooms, public telephones or provide instructions as required by law or necessity, provided the sign does not exceed two (2) square feet in area or as approved by Staff and is nonilluminated, internally illuminated or indirectly illuminated. (This category shall be interpreted to include such signs as “no smoking,” “restrooms,” “no solicitors,” “self-service” and similar informational signs.)
23. Religious Symbols. Religious symbols located on a building or lot used for organized religious services.
24. Regulatory Signs. Regulatory signs erected on private property, such as “no trespassing” signs, which do not exceed two (2) square feet per face or four (4) square feet in total surface area, limited to four (4) such signs per use or per building, whichever is the greater number.
25. Sale, Lease, Rent. Temporary signs used to offer for sale, lease or rent the land or buildings upon which the sign is located provided:
a. One (1) sign per street frontage advertising real estate ("For Sale", "For Rent", "For Lease" or "For Development") not greater than eight (8) square feet in area in a residential district and thirty-two (32) square feet in area in nonresidential districts may be located on the property being advertised so long as said sign is located behind the street right-of-way line. If the property so advertised lies on a corner lot or double frontage lot, then a second sign may be oriented along the second street so long as the two signs are at least one hundred (100) feet apart as measured by the shortest straight line.
b. In addition to the on-site real estate sign(s), a maximum of three (3) directional signs, each not exceeding four (4) square feet in area, shall be permitted off the subject premises. Such signs must be placed outside all existing right-of-ways. The message of said signs shall be limited to the name of the property or development being advertised, an address, a telephone number, a directional arrow, mileage to the subject property, and the terms "Lot/Home For Sale", "For Rent", "For Lease", "For Development", etc.
c. No more than three (3) temporary directional signs advertising a specific planned commercial or mixed use development, subdivision, multi-family development, etc. may also be permitted offsite. Each such sign may have a maximum area of four (4) square feet and shall be placed outside all existing right-of-ways.
d. All such temporary signs shall be removed within seven (7) days after the real estate closing or lease transaction.
e. No sign allowed under this subsection shall be lighted.
26. Scoreboards. Scoreboards for athletic fields.
27. Special Events. Temporary special event signs and banners for religious, charitable, civic, fraternal or similar non-profit or not-for-profit organizations provided that:
a. Signs shall be erected no sooner than thirty (30) days prior and removed no later than seven (7) days after the event.
b. No such sign shall exceed thirty-two (32) square feet.
c. No such sign shall be illuminated.
d. All such signs shall be located off the street right-of-way, unless otherwise granted permission for such location by the Town or the Colorado Department of Transportation (CDOT). In no case may any such sign impede the view or travel of any motorists or pedestrians or be attached to any structure within the right-of-way (government signs, telephone poles, etc.)
28. Strings of Light Bulbs. Displays of string lights, provided:
a. They are decorative displays which only outline or highlight landscaping or architectural features of a building.
b. They are steady burning, clear, noncolored bulb lights. No blinking, flashing, intermittent changes in intensity or rotating shall be permitted.
c. They are no greater in intensity than five (5) watts.
d. They shall not be placed on or used to outline signs, sign supports, awnings and/or canopies.
e. They shall not be assembled or arranged to convey messages, words, commercial advertisements, slogans and/or logos.
f. They shall not create a safety hazard with respect to placement, location of electrical cords or connection to power supply.
g. They shall be placed only on private property.
h. They shall be maintained and repaired so that no individual light bulb is inoperative. In the event the bulbs are not maintained or repaired, the string lights may be removed at the expense of the owner after giving notice to the owner pursuant to this Chapter.
29. Text. No permit shall be required for text or copy changes on conforming or legal nonconforming signs specifically designed to permit changes of the text or copy; provided that no structural changes are made to the sign, and provided that the name of the business to which the sign belongs is not changed.
30. Time and Temperature. Signs displaying time and temperature devices provided they are not related to a product.
31. Traffic Control. Signs for the control of traffic or other regulatory purposes including signs for the control of parking on private property, and official messages erected by, or on the authority of, a public officer in the performance of his/her duty.
32. Vacancy and No Vacancy. All “vacancy” and “no vacancy” signs, where they are nonilluminated, internally illuminated, indirectly illuminated or directly illuminated signs; provided that the area of the sign does not exceed two and one-half (2½) square feet per face. Also, signs designed to indicate vacancy such as “yes,” “no” or “sorry” shall also be exempt under the provisions of this paragraph if they meet the area requirement.
33. Vehicular For Sale Signs. Motor vehicle for sale signs provided there is only one (1) sign per vehicle, the sign does not exceed two (2) square feet, and the vehicles are located in approved sales lots.
34. Vehicular Signs. Signs displayed on trucks, buses, trailers or other vehicles which are being operated or stored in the normal course of a business, such as signs indicating the name of the owner or business which are located on moving vans, delivery trucks, rental trucks and trailers and the like, shall be exempt from the provisions of this Chapter, provided that the primary purpose of such vehicles is not for the display of signs, and provided that they are parked or stored in areas appropriate to their use as vehicles.
35. Vending Machine Signs. A sign permit shall not be required for vending machine signs provided that the advertisement upon the vending machine sign is limited to the product vended.
<strong> </strong><strong>14.10.050 Prohibited Signs.</strong>
The following signs are inconsistent with the purposes and standards in this Chapter and are prohibited in all zoning districts.
1. Flashing, rotating, blinking or moving signs, animated signs, signs with moving, rotating or flashing lights or signs that create the illusion of movement, except for time and temperature devices.
2. Any sign that is erected in such a location as to cause visual obstruction or interference with motor vehicle traffic, or traffic-control devices including any sign that obstructs clear vision in any direction from any street intersection or driveway.
3. Mechanical or electrical appurtenances, such as “revolving beacons", that are designed to compel attention.
4. Roof signs.
5. Any sign other than traffic control signs erected, constructed, or maintained within, over or upon the right-of-way of any road or highway, except in the case of a sign for which a permit has been issued with the requirements of this Chapter.
6. Off-premise advertising signs or any other sign not pertinent and clearly incidental to the permitted use on the property where located, except for temporary subdivision directional signs and political signs, and except for signs permitted in Section 14.10.090 (Standards for Specific Types of Signs).
7. Any sign which interferes with free passage from or obstructs any fire escape, downspout, window, door, stairway, ladder or opening intended as a means of ingress or egress or providing light or air.
8. Any sign located in such a way as to intentionally deny an adjoining property owner visual access to an existing sign.
9. Vehicle-mounted signs, including but not limited to, signs painted on or attached to semi-trailers or cargo containers when exhibited on private property adjacent to public right-of-way for the purpose of advertising the business or services offered on the property. Vehicle-mounted signs used in connection with a special event are exempted from the requirements of this section during the duration of the special event only. Upon the conclusion of the special event, such signs must be dismantled. For the purposes of this subsection, the term special event shall mean a parade, circus, fair, carnival, festival, farmers’ market or other similar event that is different in character from the customary or usual activities generally associated with the property upon which the special event is to occur.
10. Portable signs or signs not permanently affixed or attached to the ground or to any structure, except for real estate signs attached to posts driven into the ground, window signs and temporary barriers.
11. Rotating signs.
12. Searchlights.
13. Signs with optical illusion of movement by means of a design which presents a pattern capable of reversible perspective, giving the illusion of motion or changing of copy.
14. Inflatable freestanding signs or tethered balloons.
15. Fabric signs, flags, pennants or banners when used for commercial advertising purposes except as permitted in Section 14.10.040 (Exempt Signs).
16. Electronic message boards except governmental signs.
17. Wind signs.
18. Any sign (together with its supporting structure) now or hereafter existing which, ninety (90) days or more after the premises have been vacated, advertises an activity, business, product or service no longer produced or conducted upon the premises upon which such sign is located. If the sign or sign structure is covered or the identifying symbols or letters removed, an extension of time may be granted by the Building Official upon good cause for such extension being shown. (This provision shall not apply to permanent signs accessory to businesses which are open only on a seasonal basis, provided that there is clear intent to continue operation of the business).
19. Any sign or sign structure which:
a. Is structurally unsafe;
b. Constitutes a hazard to safety or health by reason of inadequate maintenance or dilapidation;
c. Is not kept in good repair; or
d. Is capable of causing electrical shocks to persons likely to come in contact with it.
20. Any sign or sign structure which:
a. In any other way obstructs the view of, may be confused with or purports to be an official traffic sign, signal or device or any other official sign;
b. Uses any words, phrases, symbols or characters implying the existence of danger or the need for stopping or maneuvering a motor vehicle;
c. Creates in any other way an unsafe distraction for motor vehicle operators; or
d. Obstructs the view of motor vehicle operators entering a public roadway from any parking area, service drive, private driveway, alley or other thoroughfare.
14.10.060 Measurements of Sign Area and Height.
A. Sign Surface Area. The area of a geometric shape enclosing any message, logo, symbol, name, photograph or display face shall be measured using standard mathematical formulas. Time and temperature devices shall not be included within the measurement of maximum sign area.
B. Sign Support. Supporting framework or bracing that is clearly incidental to the display itself shall not be computed as sign area.
C. Back-to-Back (Double-Faced) Signs. Back-to-back signs shall be regarded as a single sign only if mounted on a single structure, and the distance between each sign face does not exceed two (2) feet at any point.
D. Three-Dimensional Signs. Where a sign consists of one or more three-dimensional objects (i.e. balls, cubes, clusters of objects, sculpture), the sign area shall be measured as their maximum projection upon a vertical plane. Signs with three-dimensional objects that exceed a projection of six (6) inches from the sign face may be approved in compliance with Section 14.10.110 (Creative Signs).
E. Wall Signs. If a sign is attached to a wall, only that portion of the wall onto which the sign face or letters are placed shall be calculated in the sign area.
F. Sign Height. The height of a 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.
Figure 7-2
<strong>14.10.070 Sign Design.</strong>
A. Design Compatibility.
1. Creative design encouraged. Signs shall make a positive contribution to the general appearance of the street and commercial area in which they are located. A well-designed sign can be a major asset to a building. The Town encourages imaginative and innovative sign design. The creative sign application procedure (Section 14.10.110) is specifically designed for artistic and unusual signs that might not fit the standard sign regulations and categories.
2. Professional. Signs shall be made by a professional sign company or other qualified entity.
3. Proportionate size and scale. The scale of signs shall be appropriate for the building on which they are placed and the area in which they are located. Building signs shall be harmonious in scale and proportion with the building facade they are mounted to.
4. Sign location and placement.
a. Visibility. Signs shall not visually overpower nor obscure architectural features.
Figure 7-3
b. Integrate Signs with the Building and Landscaping. Carefully coordinate the sign with the architectural design, overall color scheme and landscaping. Signs shall be designed to complement or enhance the other signs for a building.
c. Unified Sign Band. Whenever possible, signs located on buildings with the same blockface shall be placed at the same height, in order to create a unified sign band. Locate wall signs at the first floor level only for retail uses.
d. Monument Signs. Locate monument signs in a planter setting within a landscaped area at the primary entries to residential, commercial and industrial subdivisions to provide an overall project identity. A maximum of one (1) monument sign per entry is permitted.
e. Pedestrian-Oriented Signs. Pedestrian-oriented signs are encouraged. It is desirable to include a pedestrian-oriented sign as one of the permitted signs for a business. These signs are designed for and directed toward pedestrians so they can easily and comfortably read the sign as they stand adjacent to the business.
f. Road Right-of-Way. No sign shall be erected within the road right-of-way or near the intersection of any road(s) or driveways in such a manner as to obstruct free and clear vision of motorists or pedestrians or at any location where, by reason of the position, shape or color, it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device. Signs located at an intersection must be outside of the sight distance triangle.
5. Landscaping. Freestanding signs shall be landscaped at their base in a way harmonious with the landscape concept for the whole site. Landscaping shall form an attractive, dense cluster at the base of the sign that is equally attractive in winter and summer.
6. Reduce Sign Impact. Because residential and commercial uses generally exist in close proximity, signs shall be designed and located so that they have little or no impact on adjacent residential neighborhoods. Small-scale signs are encouraged.
B. Color.
1. Select Colors Carefully. Colors shall be selected to contribute to legibility and design integrity. Sign colors shall complement the colors used on the structures and the project as a whole. Colors or combinations of colors that are harsh and disrupt the visual harmony and order of the street are unacceptable.
2. Use Contrasting Colors. Provide a substantial contrast between the color and the material of the background and the letters or symbols to make the sign easier to read during both the day and night. Light letters on a dark background or dark letters on a light background are most legible.
3. Avoid Using Too Many Colors. Colors or color combinations that interfere with legibility of the sign copy or that interfere with viewer identification of other signs shall be avoided.
C. Materials.
1. Signs Shall be Constructed of Durable, High Quality Architectural Materials. The sign package must use materials, colors and designs that are compatible with the building facade. Sign materials must be of proven durability. Treated wood, painted metal, stone, brick and stucco are the preferred materials for signs.
D. Legibility. Signs shall be adequately legible under the circumstances in which they are primarily seen. The legibility of signs is related to:
1. The speed at which they are viewed;
2. The context and surroundings in which they are seen; and
3. The design, colors and contrast of the sign copy and sign face.
4. The design of the sign including copy, lettering size and style, and colors shall logically relate to the average speed of the traffic which will see it. Signs shall legibly convey their messages without being distracting or unsafe to motorists reading them. Symbols and logos can be used in place of words whenever appropriate.
E. Sign Illumination.
1. Use illumination only if necessary.
2. Sign illumination shall complement, not overpower, the overall composition of the site.
Figure 7-6
3. Use a Direct Light Source. 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.”
Figure 7-7
4. 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.
5. 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.
6. Flashing, moving, blinking, chasing or other animation effects shall be prohibited on all signs except time and temperature signs.
7. Neon tubing is an acceptable method of sign illumination for window signs in commercial districts.
8. The use of individually-cut, back-lit letter signs is encouraged.
9. 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 Chapter.
<strong>14.10.080 Sign Installation and Maintenance.</strong>
A. Installation.
1. All signs shall be mounted so that the method of installation is concealed.
2. Projecting signs shall be mounted so they generally align with others in the block.
3. All signs and all components thereof, including sign structures and sign faces, shall be kept neatly painted, in a good state of repair and in compliance with all building and electrical codes. The Town may inspect any sign governed by this Chapter 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, dilapidation or obsolescence.
4. Owners of projecting signs extending over public right-of-way shall be required to maintain public liability insurance in an amount to be determined appropriate by the Town, in which the Town is named as an “other insured.”
B. Maintenance.
1. The owner of a sign and the owner of the premises on which such sign is located shall be jointly and severally liable to maintain such sign, including any illumination sources in neat and orderly condition, and in a good working order at all times, and to prevent the development of any rust, corrosion, rotting or other deterioration in the physical appearance or safety of such sign. The sign must also be in compliance with all building and electrical codes.
2. The owner of any sign regulated by this Chapter shall be required to keep signs and supporting hardware, including temporary signs and time/temperature signs structurally safe, clean, free of visible defects and functioning properly at all times. Repairs to signs shall be equal to or better in quality of materials and design than the original sign.
3. The Town may inspect any sign governed by this Chapter 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, dilapidation or obsolescence.
<strong> </strong><strong>14.10.090 Standards for Specific Types of Signs.</strong>
A.
Awning Signs. An awning sign is 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 nonrigid materials except for the supporting framework.
1. Location. Signs may be placed only on awnings that are located on first- and second-story building frontages, including those fronting a parking lot or pedestrian way. No awning sign shall project beyond, above or below the face of an awning.
2. Maximum Area and Height. Sign area shall comply with the requirements established by Section 14.10.100 (Sign Standards by Zone District). No structural element of an awning shall be located less than eight (8) feet above finished grade. Awnings on which awning signs are mounted may extend over a public right-of-way no more than seven (7) feet from the face of a supporting building. No awning, with or without signage, shall extend above the roof line of any building.
3. Lighting. Awnings shall not be internally illuminated except as part of a creative sign. Lighting directed downwards that does not illuminate the awning is allowed.
4. Required Maintenance. Awnings shall be regularly cleaned and kept free of dust and visible defects.
B. Canopy Signs. A canopy sign is a wall sign that is permanently affixed to a roofed shelter attached to and supported by a building, by columns extending from the ground or by a combination of a building and columns.
Figure 7-9
1. Maximum Area and Height. Sign area shall comply with the requirements established by Section 14.10.100 (Sign Standards by Zone District). No canopy, with or without signage, shall extend above the roof line of any building. No canopy sign shall project above the top of the canopy upon which it is mounted. However, such signs may project horizontally from the face of a canopy the distance necessary to accommodate the letter thickness and required electrical equipment, but not more than twelve (12) inches (measured from the bottom of the sign). Under-canopy signs 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 eight (8) feet above grade and shall be deemed to be flush wall signs.
2. Required Maintenance. Canopies shall be regularly cleaned and kept free of dust and visible defects.
C. Freestanding Signs. A freestanding sign is a sign which is supported by one or more columns, uprights, poles or braces extended from the ground, or which is erected on the ground and shall also include a monument sign and pole signs but does not include a sign attached to a structure.
1. Location. The sign may be located only on a site frontage adjoining a public street. No freestanding sign in any zoning district can be erected closer than eight (8) feet from any curbline, nor closer than four (4) feet to any building. No freestanding signs in business and industrial districts may be located less than twenty-five (25) feet from any property line adjacent to a residential zoning district line.
2. Maximum Area and Height. The sign shall comply with the height and area requirements established in Section 14.10.100 (Sign Standards by Zone District).
3. Sign Mounting. The sign shall be mounted on one or more posts or have a solid monument-type base. Posts shall not have a diameter greater than twelve (12) inches.
4. Pole Signs. Pole signs should not be so large as to obscure the patterns of front facades and yards.
D. Monument Signs. A monument sign is a permanent sign where the entire bottom of the sign is affixed to the ground, not to a building.
1. Location. The sign may be located only along a site frontage adjoining a public street.
2. Maximum Area and Height. The sign shall comply with the height and area requirements established in Section 14.10.100 (Sign Standards by Zone District).
3. Design. The design of a monument sign shall be consistent with the overall scale of the building. The design and placement of the sign shall not obstruct traffic safety sight distance areas. Project monument signs shall contain only the name and address of the project which it identifies.
4. Landscaping Requirements. Landscaping shall be provided at the base of the supporting structure equal to twice the area of one face of the sign. For example, twenty (20) square feet of sign area equals forty (40) square feet of landscaped area. The Planning Commission may reduce or waive this requirement if it is determined that the additional landscaping would not contribute significantly to the overall aesthetic character of the project.
E. Off-Premise Signs. Off-premise signs, also known as off-site signs, are generally prohibited, except for those specific types of signs listed in this Section.
1. Business District Identification Signs. A business district identification sign is an off-premise sign for the identification of a specific business district or center identified in the Comprehensive Plan or a business improvement or redevelopment area approved by the Town Council. Business district signs shall not:
a. Interfere with pedestrian or vehicular safety;
b. Detract from the pedestrian quality of the surrounding area; or
c. Add to an over-proliferation of signs on one property or in an area.
The owner of the sign shall enter into an agreement with the Town for funding the ongoing cleaning, maintenance, and repair of the sign.
2. Church and Civic Club Off-Premise Signs. A church or civic club off-premise sign is an off-premise sign intended to direct people to the church or civic club and/or state meeting dates and times. Such signs shall not:
a. Interfere with pedestrian or vehicular safety;
b. Detract from the pedestrian quality of the surrounding area;
c. Add to an over-proliferation of signs on one property or in an area;
d. Be allowed for any organization that has not proven "non-profit" status;
e. Measure more than four (4) square feet; or
f. Number more than five (5) for any organization.
The owner of the sign shall be responsible for repair and maintenance of the sign.
F. Projecting Signs. A projecting sign is any sign supported by a building wall and projecting therefrom at least twelve (12) inches or more horizontally beyond the surface of the building to which the sign is attached.
1. Location. Projecting signs shall be placed only on a ground floor facade, except for businesses located above the ground level with direct exterior pedestrian access. Mount projecting signs so they generally align with others in the block. This helps to create a “canopy line” that gives scale to the sidewalk.
2. Maximum Area and Height. Projecting signs shall not be higher than the wall from which the sign projects if attached to a single story building, or the height of the bottom of any second story window if attached to a multi-story building. Projecting signs must have eight (8) feet clearance, and may not extend more than four (4) feet from the building wall except where the sign is an integral part of an approved canopy or awning. The size of projecting signs is limited to three (3) feet wide and six (6) square feet.
3. Sign Structure. Sign supports and brackets shall be compatible with the design and scale of the sign.
4. Quantity. The number of projecting signs is limited to one per business. Projecting signs are not permitted in conjunction with wall-mounted or pole signs.
Figure 7-10
G. Standard Brand-Name Signs. A standard brand-name sign is any sign devoted to the advertising of any standard brand-name commodity or service which is not the principal commodity or service being sold or rendered on the premises, or are not a part of the name or business concern involved.
1. Maximum Area. Not more than twenty (20) percent of the total allowable sign area for any permitted use shall be devoted to the advertising of any standard brand-name commodity or service.
H. Time and/or Temperature Signs. A time and/or temperature sign is any sign intended to be displayed for a limited period of time and capable of being viewed from any public right-of-way, parking area or neighboring property.
1. Maximum Area. Time and/or temperature signs which do not exceed ten (10) square feet shall not be required to be included in the allowable sign area permitted in Section 14.10.060 (Measurement of Sign Area and Height; Sign Setbacks); provided however, that any identification or advertising which is attached to or made part of the same sign structure shall be included in the allowable sign area for the premises.
2. Design. The sign shall be designed in a manner that is compatible with other signs on the site and with the structure on which it is placed.
3. Maintenance. It shall be the responsibility of the owner of such signs to maintain such signs and ensure that they are kept accurate. If these conditions are not met, the sign shall be repaired or removed.
I. Wall Signs. A wall sign is 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.
1. Location. The sign shall not be placed to obstruct any portion of a window, doorway or other architectural detail. Locate wall signs on buildings at the first floor level only for retail uses. No part of a wall sign shall be located more than twenty-five (25) feet above grade level.
2. Maximum Area and Height. Wall signs shall not be higher than the eave line of the principal building. The sign shall comply with the height and area requirements established in Section 14.10.100 (Sign Standards by Zoning District).
3. Projection from Wall. No sign part, including cut-out letters may project from the surface upon which it is attached more than required for construction purposes and in no case more than twelve (12) inches.
4. Design. Wall signs shall identify the individual business, building or building complex by name or trademark only.
J. Window Signs. A window sign is a sign that is painted on, applied or attached to a window or that can be read through the window from the public right-of-way, placed at or below the second floor level.
1. Maximum Area. When a sign is displayed in a window and is visible beyond the boundaries of the lot upon which the sign is displayed, the total area of such sign shall not exceed:
a. Twenty-five (25) percent of the window or door area at the ground floor level; and
b. Twenty-five (25) percent of the total allowable sign area for the premises.
2. Lighting. All illuminated window signs shall be included in the total allowable sign area for the premises. Temporary posters announcing or advertising events sponsored by noncommercial organizations shall be exempt from limitations for window signs.
<strong>14.10.100 Sign Standards by Zone District.</strong>
A. The regulations in Sections 14.10.101 through 14.10.104 correspond to the following zone districts identified on the Dinosaur Zone District Map specific to this Chapter.
1. Residential District
2. Residential Multi-Family District
3. Residential Mobile Homes District
4. Mobile Home and Travel Trailer Parks Districts
5. Commercial District
6. Light Industrial District
7. Industrial District
This Section includes a series of sign matrices that address permitted, exempt or prohibited signs, sign area, sign illumination and sign height. These tables are intended to assist the user in understanding the type, size, illumination and height of various signs in each Zone District. This information is intended to be used in conjunction with the Dinosaur Zone District Map and other Sections of these Regulations.
[Remainder of Page Intentionally Left Blank]
Sign Standards Matrix.
14.10.101 - Permitted, Exempt or Prohibited
Sign Type
Residential Districts
Mobile Home and Travel Trailer Parks District
Commercial District
Light Industrial District
Industrial District
Awning Sign
Prohibited
Prohibited
Permitted
Permitted
Permitted
Banner
Prohibited
Prohibited
Permitted
Permitted
Permitted
Bulletin Board
Exempt
Exempt
Exempt
Exempt
Exempt
Canopy Sign
Prohibited
Prohibited
Permitted
Prohibited
Prohibited
Changeable Copy Sign
Prohibited
Prohibited
Permitted
Prohibited
Permitted
Creative Sign
Prohibited
Prohibited
Permitted
Prohibited
Permitted
Directional Sign
Exempt
Exempt
Exempt
Exempt
Exempt
Government Sign
Exempt
Exempt
Exempt
Exempt
Exempt
Marquee Sign
Prohibited
Prohibited
Permitted
Prohibited
Permitted
Monument Sign
Permitted
Permitted
Permitted
Prohibited
Permitted
Off-Premises Sign
Permitted
Permitted
Permitted
Prohibited
Permitted
Painted Wall Sign
Prohibited
Prohibited
Permitted
Prohibited
Permitted
Pole Sign
Prohibited
Prohibited
Prohibited
Prohibited
Permitted
Portable Sign
Prohibited
Prohibited
Permitted
Prohibited
Prohibited
Projecting Sign
Permitted
Permitted
Permitted
Permitted
Permitted
Subdivision Identification Sign
Permitted
Prohibited
Prohibited
Prohibited
Prohibited
Suspended Sign
Permitted
Permitted
Permitted
Prohibited
Permitted
Temporary Sign
Permitted
Permitted
Permitted
Permitted
Permitted
Wall Sign
Permitted
Permitted
Permitted
Permitted
Permitted
Wind Sign
Prohibited
Permitted
Permitted
Permitted
Permitted
Window Sign
Prohibited
Permitted
Permitted
Prohibited
Permitted
14.10.102 - Sign Area Matrix (in square feet)
Sign Type
Residential Districts
Mobile Home and Travel Trailer Parks District
Commercial District
Light Industrial District
Industrial District
Awning Sign
0 ft.²
0 ft.²
Sum of all signs on a given wall shall not exceed 5% of the side of the wall area, but shall not exceed 150 ft.² (a)
15 ft.²
Sum of all signs on a given wall shall not exceed 5% of the side of the wall area, but shall not exceed 150 ft.² (a)
Banner
0
0
60
60
60
Bulletin Board
15
15
15
15
15
Canopy Sign
0
0
Sum of all signs on a given wall shall not exceed 5% of the side of the wall area, but shall not exceed 150 ft.² (a)
0
0
Changeable Copy Sign
0
0
15
0
15
Creative Sign
0
0
Sum of all signs on a given wall shall not exceed 5% of the side of the wall area, but shall not exceed 150 ft.² (a)
0
Sum of all signs on a given wall shall not exceed 5% of the side of the wall area, but shall not exceed 150 ft.² (a)
Directional Sign
4
4
4
4
4
Government Sign
Exempt
Exempt
Exempt
Exempt
Exempt
Marquee Sign
0
0
See "Wall Sign"
0
See "Wall Sign"
Monument Sign
64(b)
64(b)
120(c)
0
120(c)
Off-Premises Sign
4(d)
4(d)
4(d)
0
4(d)
Painted Wall Sign
0
0
See "Wall Sign"
0
See "Wall Sign"
Pole Sign
0
0
0
0
128(e)
Portable Sign
4
4
7
0
0
Projecting Sign
6(g)
6(g)
6(f)
6(f)
6(f)
Subdivision Identification Sign
64(b)
64(b)
64(b)
0
64(b)
Suspended Sign
6(g)
6(g)
6(f)
0
6(f)
Temporary Sign
6
6
24
24
24
Wall Sign
15(g)
15(g)
Sum of all signs on a given wall shall not exceed 5% of the side of the wall area, but shall not exceed 150 ft.2(f)
6(f)
Sum of all signs on a given wall shall not exceed 5% of the side of the wall area, but shall not exceed 150 ft.2(f)
Window Sign
0
0
25% window area (i)(j)
0
25% window area (i)(j)
(a) Allowed in place of a wall sign &amp; 1 per individual building tenant.
(b) Downward and direct illumination only; when placed on subdivision entry features, only the sign face shall be used to calculate the sign area.
(c) Minimum horizontal distance between signs on the same property is seventy-five (75) feet.
(d) See applicable sign regulation sections.
(e) In place of project monument sign; not allowed on local or collector streets. Minimum horizontal distance between signs on the same property is 250 feet.
(f) One (1) per individual tenant building frontage. The sum of all wall signs on a given wall shall not exceed 5% of the wall area, but shall not exceed 150 sq. ft.; cannot be more than 25' above grade level or higher than the eave line of the principal building; first floor level only for retail uses.
(g) One (1) per street frontage, all signs may be no higher than the eave line of the principal building; may be lighted (shielded light source) and include name and address of facility only. Child Care Center &amp; Bed and breakfast only.
(h) Cannot exceed 25% of the total allowable sign area for the premises.
(i) Illuminated window signs shall be included in the total allowable sign area for the premises.
(j) See applicable sign regulation sections.
14.10.103 - Sign Illumination Matrix (Allowed Y/N)
Sign Type
Residential Districts
Mobile Home and Travel Trailer Parks District
Commercial District
Light Industrial Districts
Industrial District
Awning Sign
N
N
Y
N
Y
Banner
N
N
N
N
N
Bulletin Board
N
N
Y
Y
Y
Canopy Sign
N
N
N
N
N
Changeable Copy Sign
N
N
Y
N
Y
Creative Sign
N
N
N
N
N
Directional Sign
N
N
N
N
N
Government Sign
Exempt
Exempt
Exempt
Exempt
Exempt
Marquee Sign
N
N
Y
N
Y
Monument Sign
Y(a)
Y(a)
Y
N
Y
Off-Premises Sign
N
N
N
N
N
Painted Wall Sign
N
N
Y
N
Y
Pole Sign
N
N
Y
N
Y
Portable Sign
N
N
N
N
N
Projecting Sign
N
N
Y
Y
Y
Subdivision Identification Sign
Y
Y
Y
N
Y
Suspended Sign
Y(a)
Y(a)
Y
N
Y
Temporary Sign
N
N
N
N
N
Wall Sign
Y(a)
Y(a)
Y
Y
Y
Window Sign
N
N
Y (b)
N
Y (b)
(a) Downward aimed direct light source only; may not be illuminated between 10 p.m. and 7 a.m. if within 500' of existing residential uses.
(b) Illuminated window signs shall be included in the total allowable sign area for the premises.
14.10.104 - Sign Height Matrix (Maximum Height in Feet)
Sign Type
Residential Districts
Mobile Home and Travel Trailer Parks District
Commercial District
Light Industrial District
Industrial District
Awning Sign
0
0
(a)
(a)
(a)
Banner
0
0
(a)
(a)
(a)
Bulletin Board
6
6
6
6
6
Canopy Sign
0
0
(a)
0
0
Changeable Copy Sign
0
0
(a)
0
(a)
Creative Sign
0
0
4
0
4
Directional Sign
4
4
4
4
4
Government Sign
Exempt
Exempt
Exempt
Exempt
Exempt
Marquee Sign
0
0
(a)
0
(a)
Monument Sign
5
5
6
0
6
Off-Premises Sign
4
4
4
0
4
Painted Wall Sign
0
0
(a)
0
(a)
Pole Sign
0
0
25
0
25
Portable Sign
0
0
4
0
0
Projecting Sign
6
6
(b)
(b)
(b)
Subdivision Identification Sign
5
5
0
0
0
Suspended Sign
6
6
(b)
(b)
(b)
Temporary Sign
6
6
6
6
6
Wall Sign
6(a)
6(a)
(c)
0
(c)
Window Sign
0
0
(d)
0
(d)
(a) May be no higher than the eave line of the principal building.
(b) Minimum height above sidewalk or grade 8'. Shall not be higher than the eave from which the sign projects if attached to a single story building or 15' above grade whichever is less or the height of the bottom of any second story window if attached to a multi-story building.
(c) Cannot be 25' above grade level or higher than the eave line of the principal building; first floor level only for retail uses
(d) Window signs visible beyond the boundaries of the lot upon which the sign is displayed shall not exceed twenty-five (25) percent of the window or door area at the ground floor level; and twenty-five (25) percent of the total allowable sign area for the premises.
<strong> </strong><strong>14.10.110 Creative Signs.</strong>
A. Purpose. This Section establishes standards and procedures for the design, review and approval of creative signs. The purposes of this creative sign program are to:
1. Encourage signs of unique design, and that exhibit a high degree of thoughtfulness, imagination, inventiveness, and spirit; and
2. Provide a process for the application of sign regulations in ways that will allow creatively designed signs that make a positive visual contribution to the overall image of the Town, while mitigating the impacts of large or unusually designed signs.
B. Applicability. An applicant may request approval of a Sign Permit under the creative sign Program to authorize on-site signs that employ standards that differ from the other provisions of this Chapter but comply with the provisions of this Section.
C. Approval authority. A Sign Permit application for a creative sign shall be subject to approval by the Planning Commission.
D. Application requirements. A Sign Permit application for a creative sign shall include all information and materials required by the Town, and the filing fee based on the same fee schedule as a building permit.
E. Design criteria. In approving an application for a creative sign, the Planning Commission 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. 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 design style;
b. Creative image reflecting current or historic character of the Town.
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 and/or enhance the architectural elements of the building; and
b. Be placed in a logical location in relation to the overall composition of the building's facade and not cover any key architectural features/details of the facade.
</dd>
<dt>14.12 Sexually Oriented Business</dt>
<dd>
<strong>14.12.010 Purpose and Description.</strong>
<strong>14.12.020 Definitions.</strong>
<strong>14.12.030 Special Review Use Permit Required.</strong>
<strong>14.12.040 Separation Requirements.</strong>
<strong>14.12.050 Criteria for Permit Approval.</strong>
<strong>14.12.060 Review Process.</strong>
<strong>14.12.010 Purpose and Description.</strong><strong> </strong>
The purpose of this Chapter is to allow the reasonable location of sexually oriented businesses within the Town in a manner which will protect property values, neighborhoods and residents from the potential adverse secondary effects of sexually oriented businesses, while providing to those who desire to patronize sexually oriented business such opportunity in appropriate areas within the Town. It is not the intent of this Chapter to suppress any speech activities protected by the First Amendment to the United States Constitution but to impose content neutral regulations which address the adverse secondary effects that sexually oriented businesses may have on adjoining properties.
It has been determined, and reflected in the land use studies of various U.S. cities, that businesses which have as their primary purpose the selling, renting or showing of sexually explicit materials have negative secondary impacts upon surrounding businesses and residences. The experience in other U.S. cities is that the location of sexually oriented businesses significantly increases the incidence of crimes, especially sex offenses, including sexual assault, indecent exposure, lewd and lascivious behavior, and child molestation.
It has been determined, and reflected in the land use studies of various U.S. cities that sexually oriented businesses in business districts which are immediately adjacent to and which serve residential neighborhoods have a deleterious effect on both the business and the residential segments of the neighborhood, causing blight and down-grading of property values.
It is the intent of these regulations to allow sexually oriented businesses to exist within the Town in various dispersed locations rather than to allow them to concentrate in any one business area. It is further the purpose of these regulations to require separation requirements between sexually oriented businesses and residential uses, churches, parks, and educational institutions in an effort to buffer these uses form the secondary impacts created by sexually oriented business activity.
(Ord. 111, Art. V, §501, 2007)
<strong>14.12.020 Definitions.</strong>
A. Unless otherwise defined below, terms used in this Chapter pertaining to sexually oriented businesses shall be as defined in Section 5.14.020 of the Municipal Code.
B. Business: means and includes a sexually oriented business as defined in subsection (N) of Section 5.14.020 of the Municipal Code.
(Ord. 111, Art. V, §502, 2007)
<strong> </strong><strong>14.12.030 Special Review Use Permit Required.</strong>
A Special Review Use Permit is required for the operation of a sexually oriented business in the Industrial (I) Zone District. Additional requirements for the granting of a Special Review Use Permit are found in Section 14.04.110 of the Land Use Regulations.
(Ord. 111, Art. V, §503, 2007)
<strong>14.12.040 Separation Requirements.</strong>
No sexually oriented business shall be located within one thousand feet (1,000’) of another sexually oriented business, residentially zoned or used property, church, day care center, park or public or private educational institution (whether within or without the Town). A waiver of the foregoing restrictions may be applied for in accordance with subsection (B) of this Section.
A. Method of Measurement. The one thousand feet (1,000’) separation measurement shall be made in a straight line without regard to intervening structures or objects from the nearest property line of the proposed sexually oriented business to the nearest property line of another sexually oriented business, residentially zoned or used property, church, park, day care center or educational institution.
B. Waiver Criteria. In establishing the provisions of this Section, the Town Council hereby finds and determines that there may be exceptional or extraordinary circumstances or conditions which are applicable to properties within the Town, or to the intended uses of properties within the Town that do not generally apply to the property or class of uses in the same zone district, and such that denial of an application for relief would result in an inability to reasonably utilize property. Therefore, it I s necessary to provide for such extraordinary relief in the form of a waiver. In reviewing such applications for waivers, the burden shall be upon the applicant to meet the criteria set forth in this Section.
1. A waiver to the separation requirements set forth in this Section may be granted as a part of the Special Review Use review process if the presumptions in Section 14.12.010 of this Title are overcome by proof that the establishment of a sexually oriented business within one thousand (1,000’) of another sexually oriented business establishment or establishment of a sexually oriented business within one thousand feet (1,000’) of any residential zone district, residential use, park, church or public or private educational institution as applicable, will not have a deleterious effect on surrounding residential and business areas by creating blight, downgrading of property values or tending to cause an increase in crime.
2. In granting a waiver to the separation requirements, the Town Council may impose reasonable conditions relating to hours of operation, screening, buffering and signage as long as the conditions imposed are not designed to prohibit the dissemination of protected materials under the First Amendment of the United States Constitution.
(Ord. 111, Art. V, §504, 2007)
<strong>14.12.050 Criteria for Permit Approval.</strong>
It shall be unlawful for any person to conduct or establish any sexually oriented business activity or enterprise until a Special Review Use Permit for a sexually oriented business has been approved by the Town Council. Such permits shall be approved if the criteria set forth in Section 14.04.110 and the following criteria are met:
A. The subject property is zoned Industrial (I);
B. The subject property meets the one thousand foot (1,000’) separation requirements as set forth in subsection (A) of Section 14.12.040 or a waiver has been granted pursuant to subsection (B) of the same Section;
C. The proposed sexually oriented business building has a certificate of occupancy.
(Ord. 111, Art. V, §505, 2007)
<strong>14.12.060 Review Process.</strong>
Applicants for a Special Review Use Permit for a sexually oriented business shall submit a completed Special Review Use application form which contains the information required by Section 14.04.110 of the Land Use Regulations, and, in addition, distances to other sexually oriented businesses, residentially zoned or used property, churches, day care centers, and park or public or private educational institutions. The application shall be reviewed pursuant to the Special Review Use permit process as outline in Section 14.04.110 of the Land Use Regulations.
(Ord. 111, Art. V, §506, 2007)
</dd>
<dt>14.13 Oil and Gas Drilling Production</dt>
<dd>
<strong>14.13.010 Purpose.</strong>
<strong>14.13.020 Authority</strong>
<strong>14.13.030 Definitions.</strong>
<strong>14.13.040 Requirements and Procedures.</strong>
<strong>14.13.050 Application Elements.</strong>
<strong>14.13.060 Review Criteria.</strong>
<strong>14.13.070 Notice to Proceed.</strong>
<strong>14.13.080 Building Permit.</strong>
<strong>14.13.090 Well Location and Setbacks.</strong>
<strong>14.13.100 Compliance with State Environmental Requirements.</strong>
<strong>14.13.110 Noise Regulation and Special Mitigation Measures.</strong>
<strong>14.13.120 Visual Impact/Aesthetics Regulation and Special Impact Measures.</strong>
<strong>14.13.130 Abandonment and Plugging of Wells.</strong>
<strong>14.13.140 Seismic Operations.</strong>
<strong>14.13.150 Signage.</strong>
<strong>14.13.160 Reclamation.</strong>
<strong>14.13.170 Geologic Hazard, Floodplain, Floodway Location Restrictions.</strong>
<strong>14.13.180 Access Roads.</strong>
<strong>14.13.190 Wildlife Impact Mitigation.</strong>
<strong>14.13.200 Emergency Response Costs.</strong>
<strong>14.13.210 Violation and Enforcement.</strong>
<strong>14.13.010 Purpose.</strong><strong> </strong>
These regulations are enacted to provide for the safety, preserve the health, promote the prosperity and improve the morals, order, comfort and convenience of the present and future residents of the Town. It is the Town’s intent by enacting these regulations to facilitate the development of oil and gas resources within the Town, while mitigating potential land use conflicts between such development and existing, as well as planned, land uses. It is recognized that under Colorado law the surface and mineral estates are separate and distinct interests in land and that one may be severed from the other. Owners of subsurface mineral interests have certain legal rights and privileges, including the right to use that part of the surface estate reasonably required to extract and develop their subsurface mineral interests, subject to compliance with the provisions of these regulations and any applicable statutory and regulatory requirements. The State has a recognized interest in fostering the efficient development, production and utilization of oil and gas resources, and in the prevention of waste and protection of the correlative rights of common source owners and producers to a fair and equitable share of production profits. Similarly, owners of the surface estate have certain legal rights and privileges, including the right to have the mineral estate developed in a reasonable manner. Municipal governments have a recognized, traditional authority and responsibility to regulate land use within their jurisdiction. These regulations are intended as an exercise of this land use authority.
<strong>14.13.020 Authority.</strong><strong> </strong>
This Chapter is authorized by Sections 34-60-101 et. seq. C.R.S. and Sections 29-20-101 et. seq., C.R.S., Colorado common law related to public nuisances, and other authority as applicable.
<strong> </strong><strong>14.12.030 Definitions.</strong><strong> </strong>
A. All terms used in this Chapter that are defined in the Act or in Commission regulations and are not otherwise defined in this section, are defined as provided in the Act or in such regulations as of the effective date of this Chapter. All other words used in this Chapter are given their usual customary and accepted meaning and all words of a technical nature, or peculiar to the oil and gas industry, shall be given that meaning which is generally accepted in said oil and gas industry. When not clearly otherwise indicated by the context, the following words and phrases used in this Chapter have the following meanings:
1. Act. Act means the Oil and Gas Conservation Act of the State.
2. Commission or OGCC. Commission or OGCC means the Oil and Gas Conservation Commission of the State.
3. Day. Day means a period of twenty-four (24) consecutive hours.
4. Director. Director means the Director of the Oil and Gas Conservation Commission of the State.
5. Injection well. Injection well means any hole drilled into the earth into which fluids are injected for the purposes of secondary recovery, storage or disposal, pursuant to authorizations granted by the Commission.
6. Inspector. Inspector means any person designated by the Town or by the Town’s designee, who shall have the authority to inspect well sites to determine compliance with this Chapter and other applicable ordinances of the Town.
7. Oil and gas well. Oil and gas well means any hole drilled into the earth for the purpose of exploring for or extracting oil, gas or other hydrocarbon substances.
8. Operating plan. Operating plan means a general description of a well site or a production site identifying purpose, use, typical staffing, seasonal or periodic considerations, routine hours of operating, source of services/infrastructure, and any other information related to regular functioning of that facility.
9. Operator. Operator means the person designated by the working interest owners as operator and named in Commission Form 2 or a subsequently file Commission Form 10.
10. Owner. Owner means any person with a working interest ownership in oil and gas or a leasehold interest therein.
11. Production site. Production site means the area surrounding proposed or existing production pits or other accessory equipment required for oil and gas production, at which may also be located tanks and tank batteries, exclusive of transmission and gathering pipelines.
12. Reentering. Reentering means accessing an existing well bore for either the original or amended purpose, provided that such well has not been abandoned.
13. Sidetracking. Sidetracking means entering the same well head from the surface, but not necessarily following the same well bore, throughout its subsurface extent when operations deviation from such well bore is necessary to reach the objective depth because of an engineering problem.
14. Twinning. Twinning means the drilling of a well within a radius of fifty (50) feet from an existing well bore when the well cannot be drilled to the objective depth or produced because of an engineering problem, such as a collapsed casing or formation damage.
15. Use tax. Use tax means the tax paid by a consumer for using, storing, distribution or otherwise consuming tangible personal property or taxable services inside the Town.
16. Well. Well means an oil and gas well or an injection well.
17. Well head. Well head means the equipment attaching the surface equipment to the wellbore equipment at the well.
18. Well site. Well site means that area surrounding a proposed or existing well or wells and accessory structures and equipment necessary for drilling, completion, recompletion, workover, development and production activities.
B. All terms used herein that are defined in the Act or in Commission rules and regulations and are not otherwise defined in subsection (A) above shall be defined as provided in the Act or in such rules and regulations.
<strong>14.13.040 Requirements and Procedures.</strong>
A. Proposed New Wells, Redrilling Certain Wells and Other Specific Enhancements.
1. It shall be unlawful for any person to drill a well that has not been previously permitted under this Chapter, reactivate a plugged or abandoned well or perform initial installation of accessory equipment or pumping systems (in cases where a well is not being drilled) unless a conditional use permit has first been granted by the Town in accordance with the procedures defined in this Chapter.
2. The granting of such conditional use permit shall not relieve the operator from otherwise complying with all applicable regulatory requirements of the Town, the State and the United States.
3. When a conditional use permit has been granted for a well, reentry of such well for purposes of sidetracking, twinning, deepening, recompleting or reworking shall not require a separate conditional use permit.
4. The conditional use permit is limited to the current proposed facilities as shown in the approved plan. To the extent the applicant desires, after initial completion of a well, to place additional equipment on a tank battery or wellhead location which was not shown in the approved plan, the applicant must, except in a situation where additional equipment is necessary for a period of fourteen (14) days or less, notify the Town of installation of such additional equipment.
5. Within thirty (30) days after completion of operations, the applicant shall provide to the Town “as‑built” drawings showing all facilities, pipelines, flow lines and gathering lines which the applicant has placed on the land subject to this permit.
B. Inspections. In recognition of the potential impacts associated with oil and gas drilling and well operation in an urban setting, all wells and accessory equipment and structures may be inspected by the inspectors of the Town at reasonable times to determine compliance with applicable provisions of this Chapter, the Town Uniform Building Code and all other applicable Town health or safety standards. For the purpose of implementing and enforcing the provisions of this Chapter, Town personnel have the right to enter upon private property after reasonable notification to the operator, which provides the operator an opportunity to be present.
C. Inspection Fees.
1. The inspection fee shall be four hundred dollars ($400.00) per well for each year or part of a year during which such well has not been plugged and abandoned. No inspection fee shall be due for any year following the year in which a well is plugged and abandoned, unless a conditional use permit is granted with respect to such well. No inspection fee shall be due for any calendar year in which the fee for an application for conditional use permit, as provided in subsection (E) below, is paid. Any inspection fee which becomes due and payable after January 1 of each year shall be paid by the operator within thirty (30) days after receipt of an invoice from the Town. An operator contesting the amount of the invoice may, upon payment of the invoice under protest, appeal directly to the Town Council.
2. If the operator fails to pay the inspection fee imposed by this Section when due, a penalty of ten (10) percent shall be added to the amount of the fee due, together with interest on the amount due at the rate of one (1) percent for each month or portion thereof for which the fee is unpaid. The Town Clerk. may, in his or her sole discretion, waive the penalty for good cause shown.
3. The Town may recover in an action at law the amount of the inspection or other fees and costs imposed by the provisions of this Section, penalty and interest due and unpaid under this Section as well as all costs, including attorney fees, incurred by the Town if it prevails in the enforcement of this Chapter.
D. Use Tax. All operators must conform to applicable provisions of this Code relating to taxation.
E. Application Fee. A nonrefundable fee of one thousand dollars ($1,000.00) shall accompany the application.
<strong> </strong><strong>14.13.050 Application Elements.</strong>
A. An application for a conditional use permit pursuant to this Chapter shall be filed with the Town Clerk and shall include the following information:
1. Application Requirements – Site Plan. The site plans for a well site submitted with an application for a use by conditional review shall be submitted on one (1) or more plats or maps, at a scale not less than one (1) inch to fifty (50) feet, showing the following information:
a. The proposed location of production site facilities or well site facilities associated with the well in the event production is established, if applicable. Future development of the resource shall be considered in the location of the tank battery. Existing tank batteries and transmission and gathering lines within six hundred sixty (660) feet of the well site shall be shown.
b. The location of layout including, without limitation, the position of the drilling equipment and related facilities and structures, if applicable.
c. True north arrow.
d. Existing improvements, if any, within a radius of six hundred sixty (660) feet of the proposed well.
e. Existing utility easements and other rights‑of‑way of record, if any, within a radius of six hundred sixty (660) feet of the proposed well.
f. Existing irrigation or drainage ditches within four hundred (400) feet of the well site or production site, if any.
g. The applicant's drainage and erosion control plans for the well site or production site and the area immediately adjacent to such site, if applicable.
h. Location of access roads.
i. Well site or production site and existing lease boundaries.
j. The names of abutting subdivisions or the names of owners of abutting, unplatted property within four hundred (400) feet of the well site or production site.
k. The name and address of the operator and the name of the person preparing the site plan or map.
2. Application Requirements – Vicinity Maps. The vicinity maps for a well site or production site submitted with an application for a use permitted by conditional review shall be submitted on one (1) or more plats or maps showing the following information:
a. Location of all existing waterbodies and watercourses, including direction of water flow. This information shall be submitted on USGS 7.5 minute series or assessor base maps which indicate topographic detail and show all existing waterbodies and watercourses with a physically defined channel within a four‑hundred (400) foot radius of the proposed well.
b. Location of existing oil and gas wells as reflected in OGCC records. This information shall be submitted on a map and shall include any and all wells within a one‑thousand (1,000) foot radius of the proposed location for the well.
c. Location of drill site. The information to be submitted shall be Commission Form 2 and shall include the Parcel Tax Identification Number.
3. Application Requirements – Narrative. In addition to the site plans and the vicinity maps required in subsection 1 and 2 above, the application shall include the following:
a. The operator's and surface owner's names and addresses, copies of any required OGCC Form 2 and designation of agent, if applicable.
b. An operating plan.
c. A list of all permits or approvals obtained or yet to be obtained from local, state or federal agencies other than OGCC.
d. An emergency response plan that is mutually acceptable to the operator and the appropriate fire district that includes a list of local telephone numbers of public and private entities and individuals to be notified in the event of an emergency, the location of the well, and provisions for access by emergency response entities.
e. A plan for weed control at the well site.
f. A fire protection plan that is mutually acceptable to the operator and the appropriate fire district that includes planned actions for possible emergency events and any other pertinent information. Prior to application to the Town, a proposed fire protection plan and emergency response plan shall be submitted to and reviewed by the fire district.
g. Sanitary facilities must comply with Section 602(g) of the OGCC regulations.
<strong> </strong><strong>14.13.060 Review Criteria.</strong>
A. The Town Council shall approve an application for a use permitted by conditional review for a well site if the application submitted by the applicant conforms to the following requirements:
1. The site plans for a well site application comply with the requirements of Section 14.13.040(A)(1) of this Chapter.
2. The vicinity maps for a well site application comply with the requirements of Section 14.13.040(A)(2) of this Chapter.
3. The narrative for a well site application complies with the requirements of Section 14.13.040(A)(3) of this Chapter.
4. The well location and setbacks comply with the requirements of Section 14.13.080 of this Chapter.
5. When applicable, compliance with the provisions for mitigation of noise required in Section 14.13.100 of this Chapter.
6. When applicable, compliance with the provisions for visual special mitigation required in Section 14.13.110 of this Chapter.
7. When applicable, compliance with the provisions for geologic hazards, floodplains or floodway required in Section 14.13.160 of this Chapter.
8. When applicable, compliance with the provisions for wildlife mitigation procedures required in Section 14.13.180 of this Chapter.
9. The Town Council’s decision shall be based upon evidence presented in the application and at public hearing. Following the conclusion of the public hearing, the Town Council may proceed to render its provisional decision orally on the application, or it may take the matter under advisement until an announced date certain not to exceed fourteen (14) days, at which time it shall orally render its decision. In the event that an application is granted with conditions the applicant may, within fourteen (14) days of the Council’s decision, request a rehearing to demonstrate that removal or modification of one (1) or more of the conditions is necessary to prevent waste or protect owners of correlative rights in a common source to a fair share of production profits or that the decision is otherwise inconsistent with state laws and regulations. Following the Town Council’s oral announcement of its decision, and any subsequent rehearing, a written resolution shall be adopted as its final action or decision on the application. This written resolution shall set forth findings of the Town Council. The Town Attorney shall prepare the written resolution for the Town Council’s consideration within fourteen (14) days of the oral decision, or any subsequent rehearing. Such written resolution shall be adopted within twenty-one (21) days of the announcement of the Town Council’s oral decision, unless the applicant requests rehearing, in which case the written resolution shall be adopted within thirty (30) days of the oral decision. For the purposes of judicial review, the Town Council’s final action or decision on an application shall be deemed to have been made as of the date upon which the Town Council executes the written resolution, which shall constitute the final decision of the Town Council.
<strong>14.13.070 Notice to Proceed.</strong>
A. Prior to commencement of operations for which a use permitted by conditional review has been approved, a “Notice to Proceed” shall be obtained from the Town Clerk. The Town Clerk shall issue the “Notice to Proceed” upon receipt of the following:
1. A copy of the resolution approving a use permitted by conditional review for a well or wells.
2. A copy of the approved site plan.
3. A copy of an approved extra legal vehicle or load permit issued by the Town Clerk pursuant to this Code, if applicable.
4. Copies of any necessary state or federal permits issued for the operation, if not previously submitted.
<strong>14.13.080 Building Permit.</strong><strong> </strong>
Building permits must be obtained for all aboveground structures to which the Uniform Building Code applies.
<strong>14.13.090 Well Location and Setbacks.</strong>
A. All wells shall be set at a distance not less than‑the minimum setback allowed by OGCC rules and regulations.
B. Notwithstanding the foregoing, but subject to the exception in subsection (3) below, in all areas of the Town, the following apply:
1. A wellhead location shall be set back not less than three hundred fifty (350) feet from any occupied building or occupied building permitted for construction and shall be set back not less than seventy‑five (75) feet from any public right‑of‑way.
2. Production tanks and/or associated on‑site production equipment shall be set back not less than three hundred fifty (350) feet from any occupied building or occupied building permitted for construction and shall be set back not less than seventy‑five (75) feet from any public right‑of‑way.
3. Location and setback requirements will be waived if an exception has been granted by the Director pursuant to Rule 603(b) of the Commission and a copy of waivers from each person owning an occupied building or building permitted for construction within three hundred fifty (350) feet of the proposed location is submitted as part of the application for use by conditional review.
4. When wells are existing, buildings shall not be constructed withing the following distances:
a. Buildings not necessary to the operation of the well shall not be constructed within two hundred (200) feet of any such well.
b. Any building to be used as a place of assembly, institution or school shall not be constructed within three hundred fifty (350) feet of any well.
5. When wells are existing, lots and roads shall not be platted within the following distances:
a. Lots shall not be platted within one hundred fifty (150) feet of an existing oil or gas well or its production facilities.
b. Lots intended to be used as a place of assembly, institution or school shall not be platted to allow a building site within three hundred fifty (350) feet of an existing oil or gas well or its production facilities.
c. Streets shall not be platted within seventy-five (75) feet of an existing oil or gas well or its production facilities, provided however, that streets may cross collection flowlines at right angles.
d. Lots and streets may be platted over well and production sites that have been abandoned and reclaimed in accordance with Section 14.13.120 of this Chapter. Such platting shall only occur after the completion of the abandonment and reclamation process.
<strong>14.13.100 Compliance with State Environmental Requirements.</strong><strong> </strong>
The approval of an oil and gas conditional use permit shall not relieve the operators from complying with all current applicable state and federal regulations and standards concerning air quality, water quality and waste disposal.
<strong> </strong><strong>14.13.110 Noise Regulation and Special Mitigation Measures.</strong>
A. The application of a conditional use permit shall not relieve an operator from complying with all applicable state laws and regulations concerning noise.
B. Exhaust from all engines, motors, coolers and other mechanized equipment shall be vented in a direction away from all occupied buildings to the extent practicable.
C. Where a well and well site do not comply with the required setback or other requirements of this Chapter or where the well and well site are in an area of particular noise sensitivity, additional noise mitigation may be required. An area of particular noise sensitivity includes but is not limited to the following: hospitals, dwelling units, nursing homes, hotels, churches and designated wildlife preserves. In determining noise mitigation, specific site characteristics shall be considered, including but not limited to the following:
1. Nature, proximity, location and type of adjacent development;
2. Prevailing weather patterns, including wind directions;
3. Vegetative cover on or adjacent to the site; or
4. Topography.
D. The level of required mitigation may increase with the proximity of the well and well site to areas of particular noise sensitivity or the level of noise emitted by the well and well site. One (1) or more of the following additional noise abatement measures may be required:
1. Acoustically insulated housing or cover enclosing the motor or engine;
2. Noise management plan identifying hours of maximum noise emissions, type, frequency and level of noise to be emitted, and proposed mitigation measures; or
3. Any abatement measures required by the Commission for high-density areas, if applicable.
<strong>14.13.120 Visual Impact/Aesthetics Regulation and Special Impact Measures.</strong>
A. Visual Impacts and Aesthetics.
1. To the maximum extent practicable, oil and gas facilities shall be located away from prominent natural features, such as distinctive rock and land forms, vegetative patterns, ditch crossings, Town‑approved open space areas and other approved landmarks.
2. To the maximum extent practicable, oil and gas facilities shall be located to avoid crossing hills and ridges or silhouetting.
3. To the maximum extent practicable, the applicant shall use structures of minimal size to satisfy present and future functional requirements.
4. To the maximum extent practicable, when clearing trees and vegetation for construction of oil and gas facilities, the applicant shall feather and thin edges of vegetation.
5. To the maximum extent practicable, the applicant shall locate facilities at the base of slopes to provide a background of topography and/or natural cover.
6. The applicant shall replace earth adjacent to water crossings at slopes less than the normal angle of repose with the soil type of the site.
7. To the maximum extent practicable, the applicant shall align access roads to follow existing grades and minimize cuts and fills.
8. Facilities shall be painted as follows:
a. Uniform, non-contrasting, nonreflective color tones.
b. Color matched to land, not sky, slightly darker than adjacent landscape.
c. Exposed concrete colored to match soil color.
B. Special Mitigation Measures; Visual. Where a well or well site does not comply with the required setback or other requirements of this Chapter, or in areas of increased visual sensitivity, such as a location near an occupied subdivision, the applicant shall submit a visual mitigation plan including one (1) or more of the following standards, as appropriate:
1. To the maximum extent practicable, exterior lighting shall be directed away from residential areas, or shielded from said areas to eliminate glare.
2. One (1) or more of the following landscaping practices may be required, where practicable, on a site-specific basis:
a. Establishment and proper maintenance of ground covers, shrubs and trees.
b. Shaping cuts and fills to appear as natural forms.
c. Cutting rock areas to create irregular forms.
d. Designing the facility to utilize natural screens.
e. Construction of fences for use with or instead of landscaping.
C. Other Special Mitigation Measures. The applicant shall keep the Town and private streets or roads reasonably free of mud or other materials during drilling and completion operations and during well operations. The applicant shall use its best efforts to keep the well site free of trash, litter and other refuse during and at the completion of drilling and shall not in any case bury said trash. The operator shall construct and manage pits in accordance with applicable state and federal regulations.
<strong> </strong><strong>14.13.130 Abandonment and Plugging of Wells.</strong>
The approval of a use permitted by conditional review shall not relieve the operator from complying with all Commission rules with respect to abandonment and plugging of wells. The operator shall provide the Town with Commission Form 4 at the time that it is filed with the Commission. The applicant shall abandon flowlines in accordance with applicable state rules and regulations.
<strong>14.13.140 Seismic Operations.</strong>
The approval of a use permitted by conditional review shall not relieve the operator from complying with all Commission rules and regulations with respect to seismic operations. All notices which an operator is required to file with the Commission with respect to seismic operations shall be filed with the Town on a timely basis. The Town shall comply with the same confidentiality requirements which bind the Commission.
<strong>14.13.150 Signage.</strong>
The approval of an oil and gas conditional use permit shall not relieve the operator from complying with all Commission rules with respect to signs. In addition, the operator shall maintain in good, readable condition all signs required by Commission regulations.
<strong>14.13.160 Reclamation.</strong><strong> </strong>
The approval of a conditional use permit shall not relieve the operator from complying with all Commission rules and regulations with respect to site reclamation.
<strong>14.13.170 Geologic Hazard, Floodplain, Floodway Location Restrictions.</strong>
All equipment at well sites and production sites in geological hazard and floodplain areas shall be anchored to the extent necessary to resist flotation, collapse, lateral movement or subsidence and to the extent necessary to comply with the Federal Emergency Management Act.
<strong>14.13.180 Access Roads.</strong>
A. All private roads used to maintain access to the tank batteries or the well site shall be improved and maintained according to the following standards:
1. Tank battery access roads. Access roads to tank batteries shall be subject to review by the Town’s Engineer in accordance with the following minimum standards:
a. A graded gravel roadway having a prepared subgrade and an aggregate base course surface a minimum of six (6) inches thick compacted to a minimum density of ninety‑five (95) percent of the maximum density determined in accordance with generally accepted engineering sampling and testing procedures. The aggregate material, at a minimum, shall meet the requirements for Class 3, Aggregate Base Course as specified for aggregate base course materials in the Colorado Department of Transportation's “Standard Specifications for Road and Bridge Construction,” latest edition.
b. Graded so as to provide drainage from the roadway surface and constructed to allow for cross drainage of waterways (such as roadside swales, gulches, rivers, creeks and the like) by means of an adequate culvert pipe. Adequacy of the pipe is subject to approval of the Town’s Engineer.
c. Maintained so as to provide a passable roadway free of ruts at all times.
2. Wellhead access roads. Access roads to wellheads shall be subject to review by the Town’s Engineer in accordance with the following minimum standards:
a. A graded, dirt roadway compacted to a minimum density of ninety‑five (95) percent of the maximum density determined in accordance with generally accepted engineering sampling and testing procedures and approved by the Town’s Engineer.
b. Graded so as to provide drainage from the roadway surface and constructed to allow for cross drainage of waterways by means of an adequate culvert pipe. Adequacy of the pipe shall be subject to approval by the Town’s Engineer.
c. Maintained so as to provide a passable roadway generally free of ruts.
3. Public access roads. An extra-legal vehicle or load permit shall be required for all extra‑legal vehicles or loads as defined in Sections 42‑4‑401 through 42‑4‑411, C.R.S., which use Town streets. Said permit, if required, shall be obtained from the Town Clerk prior to such use. The applicant shall comply with all Town and state regulations regarding weight limitations on streets within the Town, and the applicant shall minimize extra‑legal truck traffic on streets within the Town.
<strong>14.13.190 Wildlife Impact Mitigation.</strong>
A. Wildlife. When a well site or production site is located within a designated moderate (blue) or high impact zone (red) on the 1987 Cumulative Impact Maps prepared by the Colorado Division of Wildlife, the applicant shall consult with the Colorado Division of Wildlife to obtain recommendations for appropriate site specific and cumulative impact mitigation procedures. The operator shall implement such mitigation procedures as are recommended by Colorado Division of Wildlife after consultation with the Town.
B. Endangered Species. The applicant shall not engage in activities which, in the opinion of the Colorado Division of Wildlife, threaten endangered species.
<strong>14.13.200 Emergency Response Costs.</strong><strong> </strong>
The operator shall reimburse the Town or the fire district for any emergency response costs incurred by the Town or the fire district in connection with activity at the well site or production site, except that the operator shall not be required to pay for emergency response costs where the response was precipitated by the mistake of the Town.
<strong> </strong><strong>14.13.210 Violation and Enforcement.</strong><a name="_Hlk118806820" id="_Hlk118806820"></a>
A. Unlawful to Construct or Install Unapproved Oil and Gas Facilities. Except as otherwise provided in this Chapter, it is unlawful to construct, install or cause to be constructed or installed any oil and gas facility within the Town unless approval has been granted by the Town Council. The unlawful drilling or redrilling of any well or the production therefrom is a violation of this Chapter.
B. Penalty. Any person, firm, corporation or legal entity that constructs, installs or uses, or which causes to be constructed, installed or used, any oil, gas or injection well, well site or production site or commits any act or omission in violation of any provision of this Chapter or of the conditions and requirements of the oil and gas conditional use permit may be punished by a fine of not more than three hundred dollars ($300.00) or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment. Each day of such unlawful operation constitutes a separate violation.
C. Civil Action. In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered or used, or any land is or is proposed to be used, in violation of any provision of this Chapter or the conditions and requirements of the oil and gas conditional use permit, the Town Attorney, in addition to the other remedies provided by law, ordinance or resolution, may institute an injunction, mandamus, abatement or other appropriate action or proceeding to prevent, enjoin, abate or remove such unlawful erection, construction, reconstruction, alteration or use.
D. False or Inaccurate Information. The Town Council may revoke an oil and gas conditional use permit if it is determined after an administrative hearing held on at least ten (10) days' notice to the applicant, that the applicant provided information and/or documentation upon which approval was based, which the applicant, its agents, servants or employees, knew, or reasonably should have known, was materially false, misleading, deceptive or inaccurate.
E. Prospective Application. Unless specifically provided otherwise, this Chapter shall apply only to wells which are drilled in the Town on and after the date that this Chapter is adopted. The reentering of a well in existence prior to the date of adoption of this Chapter for purposes of deepening, recompleting or reworking shall not require approval of a use permitted by conditional review.
F. Recovery of Fees. Should the Town prevail in any action for legal or equitable relief for a violation of the provisions of this Chapter, in addition to any other penalties or remedies which may be available, the Town shall be entitled to recover any damages, costs of action, expert witness fees and reasonable attorney's fees incurred.
</dd>
</dl>
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Drupal\\entity_embed\\Plugin\\Filter\\EntityEmbedFilter->process('<dl class="ckeditor-accordion"><dt>14.01 General Provisions</dt>
<dd>
Part 1
General Provisions
Sections:
<strong> </strong><strong>14.01.010 Title.</strong>
<strong> 14.01.020 Short Title.</strong>
<strong> 14.01.030 Purpose.</strong>
<strong> 14.01.040 Authority.</strong>
<strong> 14.01.050 Jurisdiction.</strong>
<strong> 14.01.060 Interpretation.</strong>
<strong> 14.01.070 Applicability of Title.</strong>
<strong> 14.01.080 Relationship to Existing Ordinances.</strong>
<strong> 14.01.090 Relationship to Comprehensive Plan.</strong>
<strong> 14.01.100 Fees.</strong>
<strong> 14.01.110 Application Regulations.</strong>
<strong> 14.01.120 Vested Property Rights.</strong>
<strong> 14.01.130 Changes and Amendments.</strong>
<strong> 14.01.140 Administration and Enforcement. </strong>
<strong> 14.01.150 Violation and Enforcement of Title. </strong>
<strong> 14.01.160 Certificate of Occupancy.</strong>
<strong> 14.01.170 Building Permits.</strong>
<strong> 14.01.180 Notice, Hearing and Orders.</strong>
<strong> 14.01.190 Board of Zoning Adjustment.</strong>
<strong> 14.01.200 Penalties.</strong>
<strong> 14.01.210 Severability.</strong>
Part 2
Definitions
Sections:
<strong> 14.01.220 General Interpretation.</strong>
<strong> 14.01.230 Definitions.</strong>
Part 1
General Provisions
<strong> </strong><strong>14.01.010 Title.</strong>
The Ordinances codified in this Title 14 establishes the regulations and standards governing the use and development of land within the Town. Included are provisions for the annexation, subdivision and zoning of land, as well as the administrative procedures governing the submission of applications, administrative and public reviews, and appeals. Also included are Town standards for site design, landscaping, parking and public infrastructure.
(Municipal Code Codification 2022)
<strong>14.01.020 Short Title.</strong>
The Ordinance codified in this Title 14 and the Official Zoning District Map, shall be known and cited as the “Town of Dinosaur Land Use Regulations.”
(Ord. 60, Art. I, §101.1, 1983)
<strong> </strong><strong>14.01.030 Purpose.</strong>
The regulations in this Title shall be for the purpose of promoting the health, safety, convenience, order, prosperity and welfare of the present and future inhabitants of the Town of Dinosaur, Colorado.
(Ord. 60, Art. I, §102.1, 1983)
<strong>14.01.040 Authority.</strong>
This Title is authorized by Sections 31-23-101 et. seq., C.R.S.; Sections 29-20-101 et. seq., C.R.S. and Sections 24-65-101 et. seq., C.R.S.
(Municipal Code Codification 2022)
<strong>14.01.050 Jurisdiction.</strong>
These Regulations shall apply to all land and all land uses within the municipal boundaries of the Town of Dinosaur, Colorado.
(Municipal Code Codification 2022)
<strong>14.01.060 Interpretation.</strong>
In their interpretation and application, the provisions of this Title shall be held to be minimum requirements for the promotion of the public health, safety and welfare. Whenever the requirements of this Code are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the more restrictive or that imposing the higher standards shall govern.
(Municipal Code Codification 2022)
<strong>14.01.070 Applicability of Title.</strong>
A. The provisions of the Town Land Use Code shall apply to any and all development of land within the municipal boundaries of the Town, unless expressly and specifically exempted or provided otherwise in this Code. No development shall be undertaken without prior and proper approval or authorization pursuant to the terms of this Code. All development shall comply with the applicable terms, conditions, requirements, standards and procedures established in this Code.
(Municipal Code Codification 2022)
B. Except as herein provided, no building, structure or land shall be used and no building or structure or part thereof shall be erected, constructed, reconstructed, altered, repaired, moved or structurally altered except in conformance with the regulations herein specified for the zone district in which it is located, nor shall a yard, lot or open space be reduced in dimensions or area to an amount less than the minimum requirements set forth herein. Whenever both the provisions of this Code and provisions of any other law cover the same subject matter, whichever rule is more restrictive shall govern.
(Municipal Code Codification 2022)
C. This Code establishes procedural and substantive rules for obtaining the necessary approval to develop land and construct buildings and structures. Development applications will be reviewed for compliance with the Town Comprehensive Plan and with adopted regulations, policies and other guidelines.
(Municipal Code Codification 2022)
<strong>14.01.080 Relationship to Existing Ordinances.</strong><strong> </strong>
All ordinances or resolutions or motions of the Town Council of the Town or parts thereof in conflict with this Code are to the extent of such conflict hereby superseded and repealed, provided that no such repealer shall repeal the repealer clauses of such ordinance, resolution or motion, nor revive any ordinance, resolution or motion thereby. The adoption of this Code shall not adversely affect the Town’s right to seek remedies for any violation of previous ordinances that occurred while those ordinances were in effect.
(Municipal Code Codification 2022)
<strong> </strong><strong>14.01.090 Relationship to Comprehensive Plan.</strong>
It is the intention of the Town that this Code implement the planning policies adopted in the Town Comprehensive Plan (“Comprehensive Plan”) for the Town and its extraterritorial planning area. While this relationship is reaffirmed, it is the intent of the Town that neither this Code nor any amendment to it may be challenged on the basis of any alleged nonconformity with the Comprehensive Plan.
(Municipal Code Codification 2022)
A. Requirement for Comprehensive Plan Amendment. Where a development proposal would be in substantial conflict with the Comprehensive Plan, an amendment to the Comprehensive Plan will be required prior to any zoning or subdivision approvals. A substantial conflict will exist when a development proposal would result in changes from the designations of the Town Comprehensive Plan. (Municipal Code Codification 2022)
B. Criteria for Evaluating Amendment Proposals. Amendments to the Comprehensive Plan resulting from development proposals under this Code shall be evaluated according to the criteria and procedure outlined in the Comprehensive Plan. (Municipal Code Codification 2022)
<strong>14.01.100 Fees.</strong>
Reasonable fees sufficient to cover the costs of administration, inspection, publication of notice and similar matters will be charged to applicants for permits, plat approvals, zoning amendments, variances and other administrative relief. The fee schedule will be adopted periodically by the Town Council by resolution and is available from the Town office.
(Municipal Code Codification 2022)
<strong>14.01.110 Application Regulations.</strong>
A. The provisions and regulations of this Title shall apply to the construction, alteration, extension, location, use and maintenance of all structures in the Town of Dinosaur; and it shall be unlawful for any person to construct, alter, extend, install, use or maintain a structure within the Town of Dinosaur except in compliance with this Title.
B. Existing Individual Non-Conforming Mobile Homes. Any mobile home presently legally parked on an individual lot not in conformity with this Title shall be considered a legal non-conforming structure. It may not be added to, nor materially improved and when moved may be replaced only by a structure which will comply with the then applicable ordinances and codes of the Town of Dinosaur. If it is unoccupied for six (6) consecutive months, it is no longer considered legal non-conforming, cannot again be occupied, and shall be removed from the property.
C. Existing Mobile Home Parks. All Mobile Home Parks and Travel Trailer Parks established after the passage of this Title, which are non-conforming as of the date of passage of this Title, shall be altered to conform to all provisions of this Title within one (1) year of the date of passage of this Title. All Mobile Home Parks and Travel Trailer Parks in existence prior to the passage of this Title shall not be subject to the provisions of the foregoing sentence, provided however, that upon the change of ownership of any such Mobile Home Park or Travel Trailer Park occasioned by sale, death or otherwise, shall be made to conform to the provisions of this Title at the time of any such change of ownership and shall not be operated until compliance with the Title.
(Ord. 60, Art. I, §103.1, 1983)
<strong>14.01.120 Vested Property Rights.</strong>
A. Purpose. The purpose of this Section is to provide the procedures necessary to implement the provisions of Article 68 of Title 24, C.R.S., as amended, which establishes a vested property right to undertake and complete development of real property under the terms and conditions of an approved site-specific development plan. No vested rights shall be created within the Town except through a site-specific development plan.
B. Definitions. As used in this Section, unless the context otherwise requires:
1. “Landowner” shall mean any owner of a legal or equitable interest in real property, and includes the heirs, successors, and assigns of such ownership interests.
2. “Property” means all real property subject to land use regulation by the Town.
3. “Site specific development plan” shall mean and be limited to the “final plat” of a subdivision or a “final site plan” of a PUD Planned Unit Development District (also known as a “final PUD development plan”) when approved by the Town Council by ordinance duly adopted.
4. “Vested property rights” shall mean the right to undertake and complete the development and use of property under the terms and conditions of a site-specific development plan.
C. Request for Site Specific Development Plan Approval. For those developments for which the landowner wishes the creation of vested property rights pursuant to Article 68 of Title 24, C.R.S., as amended, the landowner shall request the approval in writing at least thirty (30) days prior to the date said approval is to be considered. Failure of the landowner to request such an approval renders the plan not a “site specific development plan,” and no vested property rights shall be deemed to have been created.
D. Notice and Hearing. No site-specific development plan shall be approved until after a public hearing called for that purpose, preceded by notice of such hearing published as provided by law at least fourteen (14) days before the hearing. Such notice may, at the Town’s option, be combined with any other required notice. At such hearing, all interested persons shall have an opportunity to be heard.
E. Approval, Conditional Approval, Effective Date, Amendments, Referendum and Review.
1. A site-specific development plan shall be deemed approved upon the effective date of the ordinance granting final approval of the plan. The vested property right shall attach to and run with the applicable property and shall confer upon the landowner the right to undertake and complete the development and use of said property under the terms and conditions of the site-specific development plan including any amendments thereto.
2. The Town Council may approve a site-specific development plan upon such terms and conditions as may reasonably be necessary to protect the public health, safety and welfare. Such conditional approval will result in a vested property right, although failure to abide by such terms and conditions will result in a forfeiture of vested property rights.
3. In the event amendments to a site-specific development plan are 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 Town Council specifically finds to the contrary and incorporates such findings in its approval of the amendment.
4. The approval of vested property rights shall be subject to all rights of referendum and judicial review; except that the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of a notice to the general public of the site-specific development plan and creation of vested property rights.
F. Notice of Approval.
1. Each map, plat or site plan or other document constituting a site-specific development plan shall contain the following notice: “Approval of this plan may create a vested property right pursuant to Article 68 of Title 24, C.R.S., as amended.” Failure to contain this statement shall invalidate the creation of the vested property right.
2. In addition, the Town shall publish a notice describing generally the type and intensity of the use approved, the specific parcel or parcels of property affected and stating that a vested property right has been created. The notice 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 Town.
G. Duration of Vested Property Right. A property right which has been vested as provided herein shall remain vested for a period of three (3) years; except that the Town Council may, in their sole discretion, grant vested property rights for a longer period when warranted in light of all relevant circumstances, including but not limited to, the size and phasing of the development, economic cycles and market conditions. The vesting period shall not be extended by any amendments to a site-specific development plan unless expressly authorized by the Town Council in the ordinance approving such amendments.
H. Other Provisions Unaffected. Approval of a site-specific development plan shall not constitute an exemption or waiver of any other provisions of this Code pertaining to the development or use of property.
I. 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 all costs occasioned to the Town pertaining to such application, including but not limited to publication of notices, public hearing and review costs, county recording fees and review costs.
J. Limitations. Nothing in this Section 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 Section shall be deemed to be repealed, and the provisions hereof no longer effective.
(Municipal Code Codification 2022)
<strong> </strong><strong>14.01.130 Changes and Amendments.</strong>
A. Town Council May Adopt Changes. The Town Council may, on its own motion, or on petition of an interested property owner, amend, supplement, or change this Title or the Official Zoning Map. The adoption of any change to this Title or the Zoning Map shall require a four-fifths (4/5) favorable vote of the Town Council. (Ord. 60, Art. IX, §901.1, 1983; Amended Ord. 74, §6, 1990)
B. Public Notice of Change. Before any change to this Title or Zoning Map is enacted, a public hearing shall be held; fifteen (15) days advance notice of the time and place of which shall be published in a newspaper having general circulation within the Town of Dinosaur and indicated on Town’s website. (Ord. 60, Art. IX, §901.2, 1983)
C. Filing a Petition. A petition for a proposed amendment, supplement or change by a private property owner shall be filed with the Town Clerk. The petitioner shall supply the following information:
1. A map drawn to scale of not less than two hundred feet (200’) to the inch showing the land in question, its location, the length and direction of each boundary thereof, the location and existing use of all buildings on such land and the principal use of all properties within three hundred feet (300’) of such land.
2. The names and addresses of the owners of all properties within one hundred feet (100’) of any part of the land included in the proposed change.
(Ord. 60, Art. IX, §902.1, 1983)
D. Procedure. Before amending, supplementing, or changing this Title or the Official Zoning Map, the Town Council shall make such investigation and hold hearings as it deems appropriate, but in the case of an application for change in the Zoning Map, the Town Council shall hold at least one (1) public hearing, giving at least fifteen (15) days advance notice of the time and place of said hearing by mailing notice to all property owners within the proposed area of change and to all property owners within one hundred feet (100’) of said proposed area of change. For the purpose of this notice requirement, mailing to all affected property owners, as shown by the records of the Moffat County Assessor’s office, shall be deemed sufficient.
The Town Council may continue its hearing from date to date as it may deem necessary. Following the conclusion of its public hearing, the Town Council shall make a determination of whether or not the application for change in the Zoning Map shall be granted. When requested by any affected party, the Town shall make written findings of fact substantiating its decision. Any change to this Title or the Zoning Map shall be made by ordinance.
(Ord. 60, Art. IX, §902.2, 1983; Amended Ord. 74, §7, 1990)
<strong> </strong><strong>14.01.140 Administration and Enforcement.</strong><strong> </strong>
Except as otherwise provided, no land or structure, or part thereof, shall, after the effective date of this Title, be used, erected, altered, or moved unless in conformity with the provisions pertaining to the district in which it is located.
A. The provision of this Title shall be administered by the Zoning Enforcement Official and his authorized representatives.
B. The Zoning Enforcement Official and his authorized representatives are hereby empowered to conduct inspections as required by this Title. They shall possess the right to enter any premises for the purpose of making such inspections necessary to carry out their authorized duties.
C. No land or buildings, or part thereof, hereafter erected, moved, or structurally altered shall be used or occupied until the Zoning Enforcement Official or his authorized representative has issued a Certificate of Occupancy. Such certificate shall state that the land, building, or part thereof, is found to be in conformity with the provisions of this Title applicable to the district in which such land or building is located.
D. The powers of the Zoning Enforcement Official and his authorized representative to issue such permits and certificates as necessary shall also include the power to refuse issuance of these documents.
(Ord. 60, Art. I, §104.1, 1983)
<strong> </strong><strong>14.01.150 Violations and Enforcement of Title.</strong><strong> </strong>
A. Violations. It shall be a violation of this Title to undertake any of the following activities:
1. Activities Inconsistent with Code. Erecting, constructing, reconstructing, remodeling, altering, maintaining, expanding, moving, or using any building, structure, or sign, or to engage in development or subdivision of any land in contravention of any zoning, subdivision, sign, or other regulation of this Code, including all required approvals;
2. Land Disturbing Activities Inconsistent with Code. Excavating, grading, cutting, clearing, or undertaking any other land disturbance activity contrary to the provisions of this Code or without first obtaining all requisite land use approvals required by this Code or other applicable regulations;
3. Nonconforming Uses Inconsistent with Code. Creating, expanding, replacing; or changing a nonconforming use, structure, lot, or sign except in compliance with this Code;
4. Making Lots or Setbacks Nonconforming. Reducing or diminishing the lot area, setbacks, or open space below the minimum required by this Code;
5. Increasing Intensity of Use. Increasing the intensity of use of any land or structure, except in accordance with the procedural and substantive standards of this Code;
6. Activities Inconsistent with Permit. Engaging in any development, use, construction, remodeling, or other activity of any nature in any way inconsistent with the terms and conditions of any permit, approval, or other form of authorization required to engage in such activity; or
7. Activities Inconsistent with Conditions of Approval. Failure to comply with any terms, conditions, or limitations placed by the Town Council upon any final development plan, subdivision plat, permit, or other form of authorization.
B. Penalty for Violations. Any person, including but not limited to the officers and agents of a corporation responsible for its actions or inaction, and the partners or members of a partnership, firm or joint venture, either as owner, lessee, occupant, or otherwise, who violates or causes the violation of any of the provisions of this Code, shall be guilty of a separate offense for each and every day or portion thereof during which a violation is committed, permitted, or continues. Any person convicted of a violation shall be subject only to the fines provided for in Section 14.01.200 of this Chapter.
C. Civil Remedies and Enforcement Powers. In addition to criminal prosecution for violations, the code enforcement officer, Town Clerk or the Town Council shall have the following civil remedies and powers to enforce this Code:
1. Notice of Violation and Corrective Action Order.
a. Non-emergency Violations. In the case of violations of this Code that do not constitute an emergency or require immediate attention, written notice of the nature of the violation and required corrective action to be taken shall be given to the property owner, agent, occupant, or to the applicant for any relevant permit. Notice shall be given in person, by certified U.S. Mail (return receipt requested) or by posting notice on the premises. The notice shall specify the Code provisions allegedly in violation, and shall state that the individual has a period of fifteen (15) days from the date of the receipt of the notice in which to correct the alleged violations before further enforcement action shall be taken. The notice shall also state any appeal and/or variance procedures available pursuant to this Code.
b. Emergency Violations. In the case of violations of this Code that constitute an emergency as a result of safety or public concern, or violations that will create increased problems or costs if not remedied immediately, the Code Enforcement Officer, Town Clerk or Town Council may use the enforcement powers available under this Chapter without prior notice, but shall attempt to give notice simultaneously with beginning enforcement action or as soon thereafter as practicable. Notice may be provided to the property owner, agent, occupant, or to the applicant for any relevant permit.
c. Extension of Time for Correction. The Town Council may grant an extension of the time to cure an alleged violation, up to a total of ninety (90) days, if the Council finds that due to the nature of the alleged violation, it reasonably appears that it cannot be corrected within fifteen (15) days.
2. Deny/Withhold Permits. The Town Clerk or Building Official may deny and withhold all permits, certificates, or other forms of authorization to use or develop any land, structure, or improvements thereon until the alleged violation related to such property, use, or development is corrected. This provision shall apply whether or not the current owner or applicant for the permit is responsible for the violation.
Where a property owner, agent, or other person has a record of an outstanding serious violation or violations of this Code, the Town Clerk, Building Official and/or Town Council shall be authorized to deny or withhold all permits, certificates of occupancy, or other forms of authorization for any use or development activity undertaken by such person until the outstanding violation is corrected. This provision shall apply whether or not the property for which the permit or other approval is sought is the property in violation.
The denial or withholding of a permit by the Town Clerk or Building Official may be appealed to the Board of Adjustment as provided in Section 14.01.190 of this Code.
3. Revocation of Permits.
a. Public Hearing Required. The Town Council may revoke any development permit, building permit or other authorization, after notice and a public hearing.
b. Notice of Public Hearing. The public hearing on the revocation of a development permit, building permit or other authorization shall be conducted during a regular or special meeting of the Town Council not less than seven (7) days, nor more than fourteen (14) days from the date the notice of the hearing is given. Notice of hearing shall be deemed given to the owner, the owner’s agent or other person to whom the development permit was issued, upon deposit of said notice in the U.S. Mail, by certified mail, return receipt requested, addressed to the last known address of said person. Additional methods of service may also be utilized to give notice of the public hearing.
c. Findings. Following the public hearing, the Town Council upon a finding of the following, may revoke any development permit, building permit or other authorization:
i. There is a departure from the approved plans, specifications, or conditions of approval; or
ii. There is a violation of any provision of the Town Land Use Regulations; or
iii. The development permit was obtained by false representation; or
iv. The development permit was issued in error.
d. Notice of Revocation. Written notice of revocation shall be served upon the owner, the owner's agent, applicant, or other person to whom the permit was issued by certified mail, return receipt requested, or such notice may be posted in a prominent location at the place of the violation. No work or construction or use of the property shall proceed after service of the revocation notice.
4. Stop Work Order.
a. Issuance of Stop Work Order. The Town Clerk, Building Official, Code Enforcement Officer or Town Council may issue a written order to stop work on any property on which there is an uncorrected violation of either a provision of Title 14 or a provision of a development permit, building permit or other form of authorization. The stop work order shall specify the provisions allegedly in violation. Service of the order shall be given in person, by certified U.S. Mail (return receipt requested) or by posting notice on the premises. After any such order has been served, no work shall proceed on any building, other structure, or tract of land covered by such order, except to correct such violation or comply with the order. The notice shall also state any appeal and/or variance procedures available pursuant to Title 14.
b. Timing/Notice. The stop work order may be issued in conjunction with a notice of violation or subsequent to such notice. The stop work order may also specify a shorter time for correction of the violation than the fifteen (15) day period specified in Section 14.01.170(C)(1)(a) above. The stop work order shall also indicate that failure to comply with the order may subject the violator to criminal liability as a penalty for the violation(s).
5. Abatement or Injunctive Relief. The Town Council, through the Town Attorney, may initiate injunction or abatement proceedings or other appropriate legal action in the District Court or other court of competent jurisdiction to abate, remove, or enjoin such violation and to recover damages, costs, and reasonable attorney’s fees incurred in the abatement and removal of such violation.
D. Remedies Cumulative. The remedies provided for violations of Title 14, whether civil or criminal, shall be cumulative and in addition to any other remedy provided by law, and may be exercised in any order.
E. Continuation of Prior Enforcement Actions. Nothing in Title 14 shall prohibit the continuation of previous enforcement actions undertaken by the Town pursuant to previous regulations.
F. Appeals of Enforcement Actions. Appeals of any order, requirement, decision, or determination made by an administrative official in the enforcement of this Chapter shall be made to the Board of Zoning Adjustment in accordance with the provisions of Section 14.01.190 of this Code.
G. Liability of Town. This Code shall not be construed to hold the Town responsible for any damages to persons or property by reason of the inspection or reinspection, or failure to inspect or reinspect, or by reason of issuing a building permit, or by reason of pursuing or failing to pursue an action for injunctive relief.
(Ord. 60, Art. I, §104.2, 1983; Amended Municipal Code Codification 2022)
<strong> </strong><strong>14.01.160 Certificate of Occupancy.</strong>
A. Required. No vacant land shall be occupied and used, and no building hereafter erected shall be occupied or used, until a Certificate of Occupancy has been issued by the Building Inspector.
B. Issuance -- For Building Use. A Certificate of Occupancy for a new building or the alteration of an existing building shall be applied for coincident with the application for a building permit, and shall be issued within ten (10) days after the erection or alteration of such building shall have been completed in conformity with the provisions of these Regulations and the building code(s) adopted by the Town of Dinosaur.
C. Issuance -- For Land Use. A Certificate of Occupancy for the use of vacant land or the change in the use of land as herein provided shall be applied for before such land is occupied or used, and a Certificate of Occupancy shall be issued within ten (10) days after the application has been made, provided such use is in conformity with these requirements.
D. Record -- Filing Required - Fee. A Certificate of Occupancy shall state that the building or land complies with all the building and health laws and ordinances and with the provisions of this Title. A record of all Certificates shall be kept on file in the office of the Town Clerk and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the building affected. No fee shall be charged for an original Certificate applied for coincident with the application of building permit. For all Certificates or copies of the original Certificate, there shall be a fee as set by Town Council by resolution.
(Municipal Code Codification 2022)
<strong> </strong><strong>14.01.170 Building Permits.</strong>
A. Required. No site preparation or building construction for any building shall be commenced without first obtaining a building setback and zoning clearance and a building permit. The Town of Dinosaur issues the appropriate building setback and zoning clearance prior to the issuance of a building permit. Moffat County provides building inspection services for the Town of Dinosaur. Building permit applications and the appropriate Town building setback and zoning clearance are submitted to Moffat County for processing and scheduling of inspections.
B. Site Plan Required. All applications for building setback and zoning clearance and a building permit shall be accompanied by two (2) copies of a site plan drawn to scale showing the actual dimensions of the lot to be built upon, the size of the building(s) to be erected, and the location of the building on the lot with reference to the legally established property lines and such information as may be necessary to provide for the enforcement of these Regulations. For all the commercial and industrial districts, a site plan must be prepared and approved in accordance with the provisions of Section 14.06.110 of these Regulations. before building permits shall be issued. A record of such applications shall be kept in the office of the Building Inspector. Notice of approval of a building permit shall be posted on the subject property within twenty-four (24) hours of such approval.
C. Review -- Public Improvements. All applications for zoning clearance and building permits shall be reviewed and processed by the Town Administrator to determine whether or not the proposed construction will require the installation or construction of public improvements, such as street paving, curbs, gutters, sidewalks, drainage facilities or other public improvements. In making his or her determination, the Town Administrator is authorized to consult any Town staff or outside consultants the Administrator deems necessary in his or her sole discretion. In the event the applicant does not agree to the public improvements required by the Town Administrator the applicant may appeal the decision to the Town of Dinosaur Town Council. The appeal must be submitted to the Town Clerk within fifteen (15) days of the issuance of the decision by the Town Administrator. Within thirty (30) days of receipt of the appeal, the Town Council shall review the public improvements requirement and determine the public improvements that must be completed as conditions of approval of a zoning clearance as part of the issuance of the building permit.
If the Town determines that the proposed construction makes necessary any such public improvements, the Town Clerk shall so inform the Building Inspector, and in such event, a condition shall be inserted in the building permit which shall require the construction of such public improvement or public improvements by the permittee, and the dedication thereof to the Town. The cost of such improvement shall be borne by the permittee, and the construction thereof shall be at the sole cost, risk and expense of the permittee, subject to the provisions of any applicable Town ordinance, regulation or policy. All such improvements are to be constructed in full compliance with the Town of Dinosaur engineering regulations, design standards and construction specifications as may be adopted by resolution from time to time.
D. Drainage and grading plan required. Except for building permits for the construction or alteration of a single family dwelling, all applications for a building permit shall be accompanied by two (2) copies of a drainage and grading plan drawn to scale showing the actual dimensions and topography of the lot to be built upon as well as adjacent properties and other potentially affected properties, the size of the building(s) to be erected, and the location of the building on the lot with reference to the existing and proposed surface topography of the site and other potentially affected properties and other such information as may be specified by the Town Engineer. The Town Engineer may, on a case-by-case basis, waive the requirement for submittal of a drainage and grading plan if, in the Town Engineer’s opinion, the construction allowed by the building permit will not significantly alter the drainage in a manner that will affect adjacent properties, public infrastructure, or the proposed building.
(Municipal Code Codification 2022)
<strong>14.01.180 Notice, Hearing and Orders.</strong>
A. Whenever the Zoning Enforcement Official determines that there are reasonable grounds to believe that there has been a violation of any provision of this Title, the Zoning Enforcement Official shall give notice of such alleged violation to the person to whom the permit or license was issued as hereinafter provided. Such notice shall:
1. Be in writing;
2. Include a statement for the reason of its issuance;
3. Allow a reasonable time for the performance of any act it requires;
4. Be properly served upon such owner or agent as required by any law of this State and other local requirements;
5. Contain an outline of remedial action which, if taken, will effect compliance with the provisions of this Title.
B. Any person affected by any notice which has been issued in connection with the enforcement of any provision of this Title may request and shall be granted a hearing on the matter in accordance with all local regulations and acts or the applicable sections or subsections of the State statutes.
C. Upon failure to comply with any order sustaining, modifying, or withdrawing a notice, the license of the mobile home development, if applicable, affected by the order shall be revoked.
D. Whenever the Zoning Enforcement Official finds that an emergency exists which requires immediate action to protect the public health, he may without notice or hearing issue an order reciting the existence of such an emergency and requiring that such action be taken as he may deem necessary to meet the emergency including the suspension of the license or permit. Notwithstanding any other provisions of this Title to the contrary such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately, but upon petition to the enforcing agency shall be afforded a hearing as soon as possible. The provisions of this Section shall be applicable to such hearing.
(Ord. 60, Art. I, §105.1, 1983)
<strong> </strong><strong>14.01.190 Board of Zoning Adjustment.</strong>
A. Organization. There is hereby created a Board of Zoning Adjustment to be known as the “Board of Zoning Adjustment of the Town of Dinosaur, Colorado”, and referred to in this Chapter as the “Board”.
1. The membership of the Board shall consist of five (5) residents of the Town of Dinosaur, appointed by the Town Council for terms of three (3) years, and thereafter until their successors shall be duly appointed. One (1) member may be a member of the Town Council. The Town Council shall appoint all replacements and successors. The Town Council itself may also serve as the Board of Adjustment. (Amended Ord. 74, §8, 1990)
2. The Board of Zoning Adjustment shall elect from its own membership a Chairman and Vice-Chairman who shall serve annual terms and may succeed themselves. The Board may make, alter, and rescind rules and regulations for its procedures.
3. The Board shall meet on call of the Chairman following legal notice given in accordance with the Town’s regulations.
(Ord. 60, Art. X, §1001.1, 1983)
B. Powers and Duties. The Board shall have the powers and duties prescribed by this Chapter, to include the following:
1. Appeals. To hear and decide on appeals from the rulings of the Zoning Enforcement Official concerning the enforcement of the provisions of this Title. Such appeals shall be in the form of a written notice filed with the Town Clerk specifying the grounds for the appeal.
2. Variances. To hear and grant applications for variances from the provisions of the Land Use Regulations governing the use of land or buildings. The Board may grant a variance provided it makes findings that all of the following requirements have been satisfied:
a. That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the affected property, and that the unnecessary hardship id due to such conditions, and not the circumstances or conditions generally created by the provisions of the Town’s Land Use Regulations in the neighborhood or District in which the property is located.
b. That, because of such physical circumstances or conditions, the property cannot be physically developed in conformity with the provisions of the Town’s Land Use Regulations, and that the granting of the variance is therefore necessary to permit the reasonable use of the affected property.
c. That such unnecessary hardship has not been created by the applicant.
d. That the variance, if granted will not alter the essential character of the neighborhood or District in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property.
e. That the variance, if granted, is the minimum variance that will afford relief and is the least modification possible of the Land Use Regulations in question.
(Ord. 60, Art. X, §1001.2, 1983)
C. Procedure. The Board shall conduct hearings and make decisions in accordance with the following requirements:
1. The Board shall give notice to the applicant and to such other persons or agencies as the Board may designate by rule, and to any person who has made a timely request for notice, within fifteen (15) days of the hearing, in such manner as shall be prescribed by rule. The Town Council may establish reasonable fees to be paid by the applicant.
2. The Board of Zoning Adjustment shall keep a record of the proceedings, either stenographically or by sound recording, and a transcript of the proceedings and copies of graphic or written material received in evidence shall be available to any party at cost.
3. The Board shall render a written decision on the application within forty-five (45) days of the hearing. Decisions based on any provision of this Title, or on any rule or regulation relied on, and the reasons why the decision is deemed appropriate in light of the facts found.
4. Vote Required. The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision, or determination of any administrative official, or to decide in favor of any applicant any matter upon which it is required to pass under this Title, or to effect any variation of the Title. Every decision of such Board shall, however, be subject to review by the District Court pursuant to Rule 106 C.R.C.P. Such appeal may be taken by any person aggrieved or by an officer, department, board, or bureau of the Town.
5. The Town Council may appoint such alternate Board members as may be necessary to assure a full Board at all meetings.
(Ord. 60, Art. X, §1001.3, 1983)
<strong>14.01.200 Penalties.</strong><a name="_Hlk118468234" id="_Hlk118468234"></a>
A. Fine or Imprisonment. Any person, firm or corporation violating any of the provisions of this Title shall be deemed guilty of a municipal offense, and such person, firm or corporation shall be deemed guilty of a separate offense for each and every day or portion thereof during which any such violation is committed, continued, or permitted, and upon conviction of any such violation, such person, firm or corporation shall be punishable by a fine of not more than three hundred dollars ($300.00) or a jail sentence of not more than ninety (90) days or by both such fine and imprisonment.
B. Revocation of Mobile Home or Travel Trailer Park License. When a Mobile Home or Travel Trailer Park owner or operator’s license is revoked:
1. The admittance of new residents into the park after date of revocation is prohibited.
2. If no action is taken to remedy the violation within fifteen (15) days of revocation of a Mobile Home or Travel Trailer Park License, notice will be served to vacate such park within thirty (30) days of the serving of the notice to vacate.
C. Suspension of Mobile Home or Travel Trailer Park License. When a Mobile Home or Travel Trailer Park License is suspended, the admittance of new residents into the park after the date of suspension is prohibited.
D. Additional Remedies. In case of any building or structure is erected, constructed, altered, repaired, converted, or maintained, in violation of this Title or any other ordinance, the proper Town authorities, in addition to any other remedies, may institute any appropriate action or proceeding in the District Court to prevent such unlawful erection, construction, alteration, repair, conversion, maintenance, or use.
(Ord. 60, Art. I, §106.1, 1983)
<strong>14.01.210 Severability.</strong>
If any of the provisions of these Regulations, or the application thereof to any person or circumstances, is held to be invalid, such ruling shall not affect the other provisions of these Regulations, as a whole or any other part than portion ruled invalid.
(Ord. 60, Art. I, §107.1, 1983)
<strong>14.01.220 General Interpretation.</strong>
A. For the purpose of these Land Use Regulations certain words and phrases used herein shall be defined or interpreted as follows:
1. The present tense includes the future tense;
2. Singular words include the plural;
3. The word “person” includes a corporation as well as an individual;
4. The word “lot” includes a “plot” or “parcel”;
5. The words “must,” “shall,” and “will” are mandatory; “may,” “can,” “should: and “might” are permissive.
(Ord. 60, Art. II, §201.1, 1983; Amended Municipal Code Codification 2022))
<strong> </strong><strong>14.01.230 Definitions.</strong> For the purpose of these Land Use Regulations the following definitions shall apply:
A. Accessory Use. A use customarily associated with, but subordinate to, the principal use on the same zone lot.
B. Building. Anything constructed or erected upon the ground having a roof, and supported by columns and/or walls and intended for shelter, housing or enclosure of persons, animals or property.
C. Building Height. The vertical distance as measured from the average finished grade at the building set-back lines to the point lying one-half of the distance between the lowest and highest point on the roof.
D. Building Lines. A line parallel to the property line beyond which no exposed portion of a building may extend.
E. Building Set-Back. The minimum permitted horizontal distance between the building line and the property line.
F. Density. The number of dwelling units divided by the amount of net acreage.
G. Dwellings. A building used for residential purposes and including mobile homes, modular homes, and conventional built housing.
H. Dwelling Unit. One or more rooms in a dwelling designed for occupancy and use by one family for living purposes and having its own cooking facilities and sanitary facilities.
I. Family. One or more individuals occupying a dwelling or living as a single housekeeping unit.
J. Flood Plain. That portion of land area adjoining a river, stream or other water course which has been or may be covered temporarily by flood water.
K. Home Occupation. A use clearly incidental and secondary to the residential use of a building and operating in accordance with Section 14.04.120.
L. License. A written license issued by the Zoning Enforcement Official authorizing the operation of a Mobile Home or Travel Trailer Park within regulations.
M. Lot. A parcel of land occupied or designed to be occupied by one or more buildings, structures, or uses, arranged so as to meet all of the requirements of these regulations and with direct access to a public street.
N. Mobile Home. A structure, transportable on its own running gear, which when erected on a site, measures ten feet (10’) in width or more measured wall-to-wall, and designed to be used as a year-round dwelling, when connected to the required utilities, and includes plumbing, heating, and electrical systems therein. Each mobile home shall have been constructed in accordance with the National Mobile Home Construction and Safety Standards Act of 1974, 42 U.S.C. 5401 et. seq., issued an insignia of approval by the U.S. Department of H.U.D., or applicable International Building Codes and not be altered in violation of applicable codes.
O. Mobile Home Park. A Mobile Home Park shall consist of five (5) or more mobile homes located on a minimum acreage of two (2) acres. Each mobile home shall be set up on a lot size of 3,500 square feet or more and conform to all the general design and construction standards herein applicable to all mobile homes.
P. Modular Home. A dwelling constructed off-site that meets the design and construction standards of the International Building Codes as it may be subsequently amended.
Q. Net Acreage. The amount of land devoted to housing, open space, private roadways, and parking space.
R. Non-Conforming Use. Land or a building lawfully occupied prior to the adoption of these Regulations by a use which does not now conform with such Regulations of the district in which it is located.
S. Parking-Off-Street. The area on private property designated to accommodate a parked motor vehicle with adequate access to that space from a public street.
T. Public Building or Use. Any building open to the general use, participation or enjoyment of the public and owned by the Town, County, State, or Federal Government or any subdivision thereof or by a public utility corporation.
U. Public Utility. For the purpose of these Regulations only: an electric substation, gas regulator stations, telephone exchanges, water or sewage pumping stations or water reservoirs, and power transmission lines.
V. Suitable Footing. Any mobile home that will be situated upon a single family residential lot within the Town limits of the Town of Dinosaur shall be placed upon a suitable foundation, as defined and shown in Section 14.04.160 of this Title.
W. Travel Trailer. A portable structure, mounted on wheels and designed to be towed by a motor vehicle, and containing cooking and/or sleeping facilities to provide temporary living quarters for recreational camping or travel use.
X. Travel Trailer Park. Any areas used to park one or more travel trailers for purposes of rental space shall constitute a Travel Trailer Park. All such Travel Trailer Parks shall conform to all of the requirements of the applicable fire codes and building codes insofar as construction in said Travel Trailer Park is concerned.
Y. Use. The purpose for which any land, structure, or building is designed, maintained, or occupied.
Z. Yard. The space on the same lot as a building or structure that is unoccupied and open to the sky.
AA. Zoning Enforcement Official. Town Council of the Town of Dinosaur or its authorized representative, such as Town Administrator, Planner, or Building Inspector.
(Ord. 60, Art. II, §201.2, 1983)
</dd>
<dt>14.02 Annexation</dt>
<dd>
<strong>14.02.010 Purpose.</strong>
<strong>14.02.020 Statement of Policy and Review Criteria.</strong>
<strong>14.02.030 Eligibility for Annexation.</strong>
<strong>14.02.040 Procedure.</strong>
<strong>14.02.050 Post Approval Actions.</strong>
<strong>14.02.060 Public Hearing Notices.</strong>
<strong>14.02.070 Reimbursement to Town for Annexation Expenses.</strong>
<strong>14.02.080 Annexation Petition and Application Submittal Requirements.</strong>
<strong>14.02.090 Annexation Agreement.</strong>
<strong>14.02.100 Annexation Map Technical Standards.</strong>
<strong>14.02.110 Concept Plan Map Technical Standards.</strong>
<strong> </strong><strong>14.02.010 Purpose.</strong>
The purpose of this Chapter is to establish a procedure to bring land under the jurisdiction of the Town in compliance with the Colorado Municipal Annexation Act of 1965, as amended. This Chapter, in part, provides supplemental requirements for annexation pursuant to the Colorado Municipal Annexation of 1965, and is not to be construed as altering, modifying, eliminating or replacing any requirement set forth in that Act, or any requirements set forth in other portions of the Dinosaur Municipal Code. In the event of a conflict between the Act, the provisions of this Chapter or any requirements set forth in other portions of the Dinosaur Municipal Code, it is the expressed intent of the Town Council that the more stringent provision shall control.
<strong>14.02.020 Statement of Policy and Review Criteria.</strong><strong> </strong>
A. It shall be the general policy of the Town with respect to annexations and the consideration of annexation petitions that:
1. Annexation is a discretionary act. With the exception of an initiated petition for the annexation of an enclave, the Town Council shall exercise its sole discretion in the annexation of territory to the Town.
2. The land to be annexed and the uses proposed for the land shall conform to the goals, policies and strategies of the Town Comprehensive Plan and to the land uses depicted on the Land Use Map, as amended.
3. Certain public facilities and amenities are necessary and must be constructed as part of any territory annexed to the Town 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 Town shall be shown not to create any additional cost or burden on the then-existing residents of the Town to provide such public facilities in any newly annexed area.
4. The petitioner for annexation shall be responsible for paying the Town’s full cost for processing the annexation petition, from initial discussion with Town staff before submittal of the petition, through the approval and recording of the final annexation documents.
5. 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.)
6. All subsurface (non-tributary) water rights associated with the property shall be deeded to the Town at the time of annexation.
7. The Town shall have in place an “annexation master plan” for the “three mile” area surrounding the Town. The “annexation master plan” shall be updated for each annexation or once per year, whichever is less in accordance with State law.
<strong>14.02.030 Eligibility for Annexation.</strong><strong> </strong>
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 Town Council in its sole discretion.
<strong>14.02.040 Procedure.</strong><strong> </strong>
A. Annexation petitions shall be processed and considered as follows:
1. Step 1: Annexation Pre-Application Conference. The application process begins with a pre-application conference with the Mayor or designated Town Staff member to determine the feasibility of the annexation request. Following this informal meeting, the applicant submits a Letter of Intent requesting annexation, the Annexation Petition, the completed Annexation Application form, annexation maps and supporting documents.
2. Step 2: Annexation Petition Certification and Completion. The petition for annexation or petition for election and all other documents submitted shall be reviewed by the Town’s staff for completeness and compliance with the provisions of the Municipal Annexation Act of 1965, and the Dinosaur Municipal Code. The applicant shall be notified within a reasonable time of any deficiencies or inadequacies in the materials submitted. An incomplete submission shall not be processed, nor referred to the Town Council for a determination of substantial compliance.
3. Step 3: Annexation Petition Referral to Town Council. Upon the staff’s determination that the petition and supporting documentation are complete and in compliance with provisions of the Municipal Annexation Act of 1965, and the Dinosaur Municipal Code, the Town Clerk shall refer the petition to the Town Council as a communication.
4. Step 4: Town Council Determination of Substantial Compliance. The Town Council, without undue delay, shall take the appropriate steps to determine if the petition is in substantial compliance with the Municipal Annexation Act of 1965.
a. If the petition is found to be in substantial compliance with the Municipal Annexation Act of 1965, the Council may, by the adoption of a Resolution of Intent to Annex, set the annexation (and zoning if requested) for public hearing on a specified date, time, and place, not less than (30) thirty days nor more than (60) sixty days from the effective date of the Resolution, subject to compliance with Section 31-12-108, C.R.S.
b. If the petition is found to not be in compliance with the Municipal Annexation Act of 1965, no further action shall be taken, except that the determination shall be made by resolution adopted by the Town Council.
5. Step 5: Planning Commission Review and Recommendations. The Planning Commission, if in existence, shall consider the petition for annexation at a regular or special meeting to be held prior to the date of the public hearing before the Town Council. If zoning of the property is requested at the time of annexation, the Planning Commission shall hold a public hearing on the zoning of the property at the same meeting. Notice of the public hearing on zoning shall be given in accordance with the requirements for an amendment to the zoning map. (Section 14.01.130)
The Planning Commission, upon the conclusion of the meeting at which they consider the petition, shall by resolution recommend approval of the petition for annexation with or without modifications and/or conditions, or recommend denial. If zoning of the property is requested at the time of annexation, the Planning Commission shall by resolution recommend approval with or without modifications and/or conditions, or recommend denial of the requested zoning. They shall refer any such recommendation to the Town Council.
6. Step 6: Town Council Public Hearing and Action on the Annexation. The Town 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 Intent to Annex. The petitioners shall present evidence in support of the petition, and zoning if applicable. Town staff shall testify as to the elements required by statute to be present for annexation. Any person may appear at the hearing and present evidence on any matter related to the annexation petition as determined by the Town Council. The Town Council may continue the hearing to another date without additional notice if the volume of material to be received cannot be presented within the available time for any given session; except that no session of the hearing shall be so continued unless at least one (1) hour of testimony has been heard. All proceedings at the hearing and any continuances thereof shall be recorded, but the recorder’s notes need not be transcribed unless proceedings for judicial review are initiated as provided by Section 31-12-116, C.R.S.
At the conclusion of the public hearing, the Town Council shall adopt a resolution containing the findings of fact and conclusions, including:
a. Whether or not the requirements of Sections 31-12-104 and 105, C.R.S., and this Chapter have been met;
b. Whether or not additional terms and conditions are to be imposed; and
c. Whether or not an election is required, either as result of a petition for election or the imposition of additional terms and conditions.
If the Town Council finds that the area proposed for annexation does not comply with the requirements of Sections 31-12-104 and 105, C.R.S., the annexation proceeding will be terminated.
If the Town 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. The petition is found to be signed by the owners of one hundred (100) percent of the area proposed the annexed, exclusive of streets and alleys; and
d. No additional terms and conditions are to be imposed;
The Council may annex the land by ordinance without election. The ordinance annexing such area shall include a statement that the owners of one hundred (100) percent of the area petitioned for the annexation. 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 Town Council determines that less than one hundred (100) percent of the owners have signed the petition for annexation, or the Town Council determines that additional terms and conditions should be imposed upon the area proposed 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.
If the annexation is approved by the eligible electors in accordance with Section 31-12-112, C.R.S., the Town 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.
If the Town Council, in its sole discretion, finds that the annexation is not in the best interest of the Town, it may deny the petition by resolution, stating the grounds for such denial. Only in the event of a petition for the annexation of an enclave as provided by Section 31-12-107(5), C.R.S. shall the Town be required to annex property.
<strong>14.02.050 Post Approval Actions.</strong><strong> </strong>
A. After final passage of the annexation ordinance, the Town will file one (1) copy of the annexation map with the original of the annexation ordinance in the office of the Town Clerk. The Town will file for recording three (3) certified copies of the annexation ordinance and annexation map with the County Clerk and Recorder. The Town shall request the County Clerk to forward one (1) copy of the annexation map and ordinance to the Division of Local Government in the Colorado Department of Local Affairs and one (1) copy of the annexation map and ordinance to the Department of Revenue of the State of Colorado.
B. In the event that zoning was requested with the annexation, zoning shall be granted by ordinance and copies of the official zoning map amendment shall be recorded with the Moffat County Clerk and Recorder. In the event that zoning was not requested with annexation, the Town 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 Section 14.04.090 of the Town Land Use Regulations.
<strong>14.02.060 Public Hearing Notice.</strong><strong> </strong>
A. Notice of the public hearing for annexation set by the Resolution of Intent to Annex shall be given in accordance with Section 31-12-108, C.R.S. A copy of the Resolution of Intent to Annex, or the petition(s) as filed (exclusive of signatures), together with a notice of the date and time and place set by the Town Council for the public hearing, shall be published once a week for four (4) successive weeks in a newspaper general circulation in the area proposed the annexed. The first publication of such notice shall be at least (30) thirty days prior to the date of the public hearing.
B. A copy of the published notice, together with a copy of the adopted Resolution of Intent to Annex and the petition as filed, shall be sent by certified mail, return receipt requested, to the Moffat County Board of County Commissioners and the Moffat County Attorney and any special district or school district having territory within the area to be annexed, at least (25) twenty-five days prior to the date fixed for the public hearing.
C. A copy of the published notice, together with the “Letter of Intent” provided with the application, the annexation map and the “concept plan” for the development of the property shall be sent by certified mail, return receipt requested, to the owners of real property within three hundred (300) feet of the boundaries of the proposed annexation, irrigation ditch companies whose rights-of-way traverse the property to be annexed and to the mineral estate owners and their lessees of the property to be annexed. Notice provided by the Town to the owners of the minerals estate and their lessees shall not relieve the petitioner(s) from the responsibility of providing notice as required by Section 24-65.5-101, et seq., C.R.S.
In the case of a “flagpole” annexation, the Town shall also provide notice to abutting property owners as specified in Section 31-12-105, C.R.S., as amended.
D. Petitioner’s Responsibilities - Mailing and Posting Notices, Notice to Mineral Estate Owners and Lessees.
1. The petitioner shall provide the Town with an address list containing the owners of real property within three hundred (300) feet of the property to be annexed, the mineral interest owners and lessees for the property to be annexed, the irrigation ditch companies whose rights-of-way traverse the property to be annexed and the special districts encompassing the property to be annexed. The list is to be prepared and certified by a title insurance company licensed by the State of Colorado, within the thirty (30) days prior to the date of submission of the annexation petition.
2. The petitioner shall provide a sufficient number clasp envelopes to mail notices to all special districts encompassing the property be annexed, the Board of County Commissioners and County Attorney, and referral agencies of the Town, as directed by the Town. The petitioner shall also provide a sufficient number of self-adhesive window envelopes (no return address) to mail notice to the owners of real property and mineral interest owners and lessees identified in the mailing list.
3. The petitioner shall be responsible for posting the property as provided herein, and shall meet with the Town staff to obtain completed public notice placards and the posting layout. The petitioner shall submit a signed, notarized affidavit certifying that the property was posted on the required date and in the locations as approved by the Town. The petitioner is also responsible for ensuring that the posted notices remain in place, in legible condition until the public hearing is concluded, and for removal of said posted notices after the public hearing is concluded. Notice shall be posted along the public street rights-of-way bordering the property, at least once for every six hundred (600) feet of frontage on said rights-of-way, or as otherwise approved by the Town.
4. The petitioner shall be responsible for providing notice of each public hearing (Planning Commission and/or Town Council) to the owners of the mineral estate on the property to be annexed, and to their lessees, as required by Section 24-65.5-101, et seq., C.R.S. The petitioner shall certify to the Town Clerk not less than fifteen (15) days prior to the date of the public hearing(s), the petitioner’s conformance with this notice requirement.
<strong>14.02.070 Reimbursement to Town for Annexation Expenses.</strong><strong> </strong>
The petitioner shall reimburse the Town for its expenses in reviewing and processing the annexation petition, including, but not limited to legal publications, engineering services, attorney fees, consultant fees, reproduction of material, postage, public hearing expenses and recording documents. The Town may require a reimbursement agreement upon the submission of a petition for annexation.
<strong>14.02.080 Annexation Petition and Application Submittal Requirements.</strong>
A. The following are the submission requirements for an annexation petition. One (1) original and three (3) copies of the following forms, maps, but letters and documents are to be delivered to the Town Clerk with the fees. The documents are to be submitted in separate three-ring binders of suitable size to hold the material. Any forms or letters requiring signatures shall have one original signed and dated in blue ink. The remaining copies may be photocopies of the original. The binders shall contain a table of contents and be tabbed accordingly. Pockets are to be provided in the binder for the folded maps that are submitted.
Following staff review and notice of acceptance for referral to the Town Council, the applicant shall provide ten (10) copies of the annexation documents. Seven (7) sets shall be bound in three-ring binders as above. The remaining three (3) sets are to be three hole-punched, collated into complete application packets and bound with binder clips only.
The name or title of the proposed annexation on all documents and maps must be consistent. All letter size (8 ½" x 11") documents to be filed with the County Clerk and Recorder Office must have one (1) inch margins, or they will be rejected for filing.
B. The Annexation application shall include:
1. Letter of Intent. The applicant shall provide a letter of intent addressed to the Town Council to serve as a cover letter to the formal petition, introducing the applicant(s) to the Town Council, requesting annexation of the petitioner’s property and describing the development plans for the property, if it is annexed.
2. Annexation Application Form. The Town’s Annexation Application Form shall be completed, signed and dated.
3. Agreement for Payment of Development Review Expenses Incurred by the Town. The application shall be accompanied a signed standard form Agreement for the Payment of Development Review Expenses Incurred by the Town.
4. Petition for Annexation. The applicant shall submit a petition for annexation complying with the requirements of Section 31-12-107, C.R.S. The Town’s standard form petition shall be utilized. Any deviation from the standard form petition will require review and approval by the Town Attorney before the Town accepts the petition for processing. The applicant is to provide a word processing file of this document if it deviates from the Town’s standard form petition.
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 land owners of more than fifty (50) percent 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 the (insert names of any applicable 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 Town 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.
5. Annexation Map. Four (4) paper copies of the annexation map are to be provided with the initial submittal. The annexation map shall be signed and sealed by the registered land surveyor or engineer preparing the map, or under whose supervision the annexation map was prepared. The annexation map(s) shall comply with the technical drawing requirements contained in Section 14.02.100 of this Chapter. In addition, provide one (1) small format paper copy (not less than 8½" x 11", nor more than 11" x 17"). Provide one (1) “Annexation Map Land Surveying Standards Checklist” completed by the Surveyor (attach to the “original” application packet).
6. Concept Plan Map. Four (4) paper copies of the concept plan map are to be provided with the initial submittal. The concept plan map(s) shall comply with the technical drawing requirements contained in Section 14.02.110 of this Chapter. In addition, provide one (1) small format paper copy (not less than 8½" x 11", nor more than 11" x 17").
7. Title Commitment. The applicant shall submit proof of ownership in the form of a current title commitment, issued by a title insurance company licensed by the State of Colorado, whose effective date shall be less 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 title policy 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 word processing file of the legal description contained in the title commitment.
8. Property Tax Statement. A copy of the prior year’s property tax statement for all property to be annexed.
9. Mailing List and Envelopes for County, Special Districts, Irrigation Ditch Companies, Mineral Interest Owners and Adjacent Property Owners. The Applicant is to provide a mailing address list and envelopes as required by subsection 14.02.060(D).
10. Annexation Impact Report. A draft annexation impact report conforming to Section 31-12-108.5, C.R.S., is required for areas of ten (10) or more acres. Any deviation from the Town’s standard form will require review and approval by the Town Attorney before the annexation impact report is accepted for processing by the Town. The applicant is to provide a word processing file of this document. The applicant is to provide an AutoCADÔ drawing file (release 12 or higher) of the required “existing conditions” map. An inaccurate, incomplete or poorly drawn “existing conditions” map shall be rejected.
The 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 Town); and
e. A statement identifying existing special districts within the area to be annexed.
11. 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 or quit claim deed for the transfer of all subsurface (non-tributary) water rights to the Town.
12. Zoning of Property to Be Annexed. 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 Town’s Zoning Code and Zoning Map within ninety (90) days of the completion of the annexation process.
13. 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 those services and facilities to accommodate the development proposed for the property being annexed. The narratives shall be one or more paragraphs in length, and adequate to fully explain the needs, concepts and proposed solutions for each of the following:
a. An assessment of the community needs for the proposed annexation and land use;
b. The economic impact to the municipality of the proposed annexation. This is to include an analysis of short-term and long-term municipal revenues to be generated by the development, short-term and long-term municipal expenses likely to be incurred as a result of the annexation and development, and proposals to mitigate any negative impacts;
c. The impact on the existing transportation system and proposals to mitigate any negative transportation impacts upon the community (arterial and collector street improvements, intersection improvements, intersection signalization, alternative modes of transportation, etc.);
d. The impact of the proposed development on the existing storm drainage system and proposals to mitigate any negative drainage impacts upon the community (historic rainfall drainage patterns, detention and retention areas, storm sewer requirements, discharged irrigation ditches, floodways and floodplains, etc.);
e. The impact of the proposed development on the Town Marshal’s Department and proposals to mitigate any impact upon the existing police services (special security needs, additional officers required, additional equipment requirements, etc.);
f. The impact of the proposed development on the Fire Department/Protection District and proposals to mitigate any impact upon the existing fire protection services (special fire hazards, fire prevention, fire detection, emergency access, additional equipment requirements, additional manpower requirements, additional fire stations, etc.);
g. The impact of the proposed development on the Town of Dinosaur park facilities and recreation programs and proposals to mitigate any impact upon the existing facilities and programs (additional facilities, additional recreation programs, additional personnel required, etc.);
h. The impact of the proposed development on the environment of the Town and proposals to mitigate any negative impact (identify environmentally sensitive areas, endangered species, significant habitats, etc.);
i. The short-term and long-term economic development potential for the property (numbers of jobs to be created, sales and use tax generation, property tax generation, utility revenue generation, incentives to be offered, etc.);
j. The compatibility of the proposed development with the Town Comprehensive Plan and any plan amendments that may be necessary for the proposed development;
k. The compatibility of the proposed development with the Town Land Use Code and any deviations in setbacks, space requirements, and permitted uses that may be required for the proposed development; and
l. A review of existing and adjacent land uses, areas of compatibility or conflict, and possible mitigation measures that may be required for the proposed development.
14. Letters of Support. The application is to be accompanied by letters of support or comments from any special districts servicing the area to be annexed.
<strong> </strong><strong>14.02.090 Annexation Agreement.</strong>
A draft Annexation Agreement shall be provided to the applicant by the Town not less than three (3) weeks prior to the annexation public hearing before the Town Council. This document outlines the responsibilities of the applicant and the Town regarding the provision and extension of streets and utilities, the dedication of water rights and the applicability of Town regulations. Any changes or additions to the standard form Annexation Agreement proposed by the applicant or the Town shall be addressed in the “supplemental provisions” section of the document. If a property to be annexed has multiple ownership, all of the owners must sign the 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 Town Clerk not less than two (2) weeks before the date of the public hearing on the annexation.
<strong> </strong><strong>14.02.100 Annexation Map Technical Standards.</strong>
A. The annexation map shall be prepared by or under the supervision of a registered professional land surveyor licensed with the State of Colorado. The annexation map shall conform to the following drafting standards and contain the following information. It shall be a neat, clear, permanent, legible and reproducible document. Inaccurate, incomplete or poorly drawn maps shall be rejected.
1. The annexation map shall be an original drawing on 24" x 36" flat, spliceless, tapeless and creaseless sheet(s) of double matte mylar film with a uniform thickness of not less than .003 of an inch, using only permanent black ink that will adhere to drafting films, or an acceptable "fix‑line" photographic reproduction (emulsion down), or a computer generated reproduction of the original drawing. A margin line shall be drawn completely around each sheet leaving a margin at least one-half (½) inch on three sides and a margin at least two (2) inches on the left (short) side, entirely blank. Unless otherwise specified, text and numbers are to be large enough to be clearly legible at the scale drawn.
2. Paper copies of the annexation map(s) shall be blueline or black line copies of the original, folded to 12" x 9" size. The applicant shall also provide paper 11" x 17" and 8½“ x 11" reductions of the annexation map(s).
3. The annexation map shall be drafted at a scale that best conveys the detailed survey, and confines the drafting error to less than one (1) percent. Acceptable scales are 1"=50' or 1"=100' and for annexations exceeding one hundred (100) acres, 1"=200'. In special instances another scale may be approved by the Town. When an annexation requires multiple sheets, an index shall be provided that delineates the boundaries and identify each sheet number. The scale of a composite map may be different from the individual sheets, as approved by the Town. A “title sheet” containing the certifications and signature blocks shall be provided in the event that the annexation map sheet is too crowded.
4. The title shall be centered at the top of the sheet along the long dimension of each sheet shall include the name of the proposed annexation. A general legal description stating the section, township, range, 6th P.M., Town of Dinosaur, County of Moffat, State of Colorado, shall be included under the name. On the title sheet (Sheet #1), under the general legal description, include the total acreage. Annexation names may not duplicate existing annexation names.
Example:
PINE VIEW ANNEXATION
TO THE TOWN OF DINOSAUR, COLORADO
A Part of the E/2 of Section 23, Township _ North,
Range __West, _6th P.M., Town of Dinosaur, Moffat County, State of Colorado
78.05 Acres
5. There shall be a title block in the lower right‑hand corner, or along the right‑hand margin that contains the name, address and telephone number of the land owner, the developer, and the engineer or surveyor preparing the drawing, an appropriate title for the drawing, the preparation date, sheet number, the preparer’s project identification numbers, revision dates, draftsman’s initials, and the electronic drawing file name (matching the AutoCAD drawing file provided to the Town).
6. Adjacent to the title block, in the lower right-hand corner, there shall be a legend block which shall include a description of lines, points and symbols, a double-headed north arrow designated as true north and a written and graphic scale.
7. Adjacent to the right margin, or in a column to the right of the center of the title page if the page is crowded, there shall be the Town’s 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 the Town) followed by the owner’s signature block(s) and notary block(s), one for each owner or mortgagee.
8. Immediately following the ownership certificate, there shall be the Town’s standard Surveyor’s certificate, signed, dated and sealed by a licensed surveyor or engineer.
9. Immediately following the Surveyor’s certificate, there shall be the Town’s standard certificate blocks for the Planning Commission and Town Council.
10. Immediately following the Town Council’s approval certificate, there shall be the Town’s standard recording certificate block for the Moffat County Clerk and Recorder.
11. A vicinity map that depicts the area to be annexed and the area which surrounds the proposed annexation within a two-(2) mile radius superimposed on a current USGS Topographical Map, maintaining the same scale shall be placed on the left side of annexation map, outside the boundary of the area being annexed, or on the left side of the title sheet.
12. The annexation map drawing shall contain the following:
a. Show the outline of area to be annexed with boldest line.
b. For all references, show book, page, map number, etc., and place where publicly recorded.
c. 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 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.
d. Show on the annexation map, next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the Town. A hatched boundary line shall be used to depict the boundary contiguous to the Town (example: ///////////).
e. 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 0.01'.
f. Provided a description of all monuments, both found and set, which mark the boundaries of the property and of all control monuments used in conducting the survey.
g. 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.
h. 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.
i. The ownership identity of all mineral rights shall be designated on the map.
j. 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.
k. 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.”
l. 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.
m. Show clearly the length and bearing of all lines described in the written description.
n. Show section numbers, quarter section quadrants, township and range lines, and label each.
o. Show all lines, calls, arcs, etc., described in written description.
p. Circle or place an ellipse around each location where a detail drawing will be provided, and provide designation for each detail such as “See Detail A.”
q. Show "Point of Beginning" in bold letters with an arrow.
r. Show "True Point of Beginning" with bold letters and arrow, when appropriate.
s. A map note shall indicate the total perimeter of the annexation boundary, the contiguous length to the existing Town boundary and the length representing one-sixth (1/6) of the total annexation boundary perimeter.
13. An “Annexation Map Land Surveying Standards Checklist” completed by the surveyor shall be provided.
14. An AutoCADÔ drawing file (release 12 or higher) of the annexation map(s) and title sheets and all fonts used, shall be provided on PC compatible CDs or DVDs, or by other town approved method electronic data storage. Large drawing files are to be compressed. If multiple maps are used, one drawing file must combine all the parts into one map showing the entire annexation. AutoCADÔ drawing files (release 12 or higher) of each revision to the annexation map shall be provided at the time the revision is submitted to the Town.
15. A word processing file of the legal description shall be provided by acceptable electronic transfer. Text must be in uppercase.
<strong>14.02.110 Concept Plan Map Technical Standards.</strong>
<strong><strong> </strong></strong>
A. The concept plan map shall be prepared by or under the supervision of a qualified land planner or architect. The concept plan map shall conform to the drafting standards of the annexation map. It shall be a neat, clear, permanent, legible and reproducible document. Inaccurate, incomplete or poorly drawn maps shall be rejected.
1. Paper copies of the concept plan map(s) shall be blueline or black line copies of the original, folded to 12" x 9" size. The applicant shall also provide paper 11" x 17" and 8½ “ x 11" reductions of the concept plan map(s).
2. The concept plan map drawing shall contain the following:
a. Show the boundary of the area to be developed;
b. Provide a written legal description of the area to be developed;
c. Within the concept plan, show 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. Within the concept plan, show existing and proposed arterial and collector streets (if any) and their relationship to the principal land uses on the site;
e. Within the concept plan, show existing and proposed major utility lines or facilities and their relationship to the principal land uses on the site;
f. Within the concept plan, show contour lines at ten (10) foot intervals, except when there are significant geographical features on the land and a different interval is determined to be more appropriate; and
g. Within the concept plan, show significant natural or manmade features on the site and contiguous to the property, including but not limited to, bluffs, ponds, irrigation ditches watercourses and wetlands.
3. An AutoCADÔ drawing file (release 12 or higher) of the concept plan map(s) and title sheets and all fonts used, shall be provided on PC compatible CDs or DVDs or by other Town approved electronic data storage. Large drawing files are to be compressed. If multiple maps are used, one drawing file must combine all the parts into one map showing the entire annexation. AutoCADÔ drawing files (release 12 or higher) of each revision to the concept plan map shall be provided at the time the revision is submitted to the Town.
</dd>
<dt>14.04 Zoning - Provisions Uses and Requirements</dt>
<dd>
<strong>14.04.010 Establishment of Zone Districts.</strong>
<strong>14.04.020 Purpose.</strong>
<strong>14.04.030 Official Zone District Map.</strong>
<strong>14.04.040 Identification of Official Map.</strong>
<strong>14.04.050 District Boundaries.</strong>
<strong>14.04.060 Uniformity of Regulations.</strong>
<strong>14.04.070 Conflict with other Provisions.</strong>
<strong>14.04.080 Conflict with Private Covenants and Deeds.</strong>
<strong>14.04.090 Annexation and Zoning.</strong>
<strong>14.04.100 Non-Conforming Uses.</strong>
<strong>14.04.110 Special Review Uses.</strong>
<strong>14.04.120 Home Occupations.</strong>
<strong>14.04.130 Filing Fees.</strong>
Part 2
Zone District Provisions and Regulations
Sections:
<strong>14.04.140 District R-Residential Single Family.</strong>
<strong>14.04.150 District R-MF-Residential Multi-Family.</strong>
<strong>14.04.160 District RMH-Residential Mobile Homes.</strong>
<strong>14.04.170 District MHP and TTP-Mobile Home and Travel Trailer Parks.</strong>
<strong>14.04.180 District C-Commercial.</strong>
<strong>14.04.190 District LI-Light Industrial.</strong>
<strong> 14.05.200 District I-Industrial.</strong>
Part 1
General Provisions
<strong> </strong><strong>14.04.010 Establishment of Zone Districts.</strong>
In order to carry out the purposes and provisions of this Title, the Town of Dinosaur is hereby divided into the following Districts:
1. Residential District
R – Residential Single Family
R-MF – Residential Multi-family
(Amended Ord. 113, §1, 2007)
2. Mobile Homes on Individual Lots within Residential District – RMH
3. Mobile Home Parks and Travel Trailer Park Districts
R – MHP
R – TTP
4. Commercial District – C
5. Light Industrial District – LI
6. Industrial District - I
<strong> </strong><strong>14.04.020 Purpose.</strong><strong> </strong>
The purpose of this Zoning Code is to create a vital, cohesive, well-designed community in order to enhance the Town’s small-town character and further the citizens’ goals as identified in the Town Comprehensive Plan. These zoning regulations are designed to:
A. Encourage the most appropriate use of land through the Town and insure a logical growth of the various physical elements of the Town.
B. Regulate and restrict the location and use of buildings, structures and land for residence, business, trade, industry or other purposes.
C. Regulate and determine the size of building lots, yards and other open spaces.
D. Promote good design and arrangement of buildings or clusters of buildings and uses in residential, business and industrial development.
E. Encourage innovative, quality site planning, architecture and landscaping that reflect improvements in the technology of land development.
F. Prevent the overcrowding of land, poor quality in development, waste and inefficiency in land use, danger and congestion in travel and transportation and any other use or development that might be detrimental to the stability and livability of the Town.
G. Promote the health, safety, morals and general welfare of Town residents.
<strong>14.04.030 Official Zone District Map.</strong><strong> </strong>
The Town of Dinosaur is hereby divided into Districts as shown on the Official Zone District Map which, together with all explanatory material thereon, is hereby adopted and incorporated herein by reference and declared to be part of this Title.
(Ord. 60, Art. V, §501.1, 1983)
<strong>14.04.040 Identification of Official Map.</strong>
The Official Zone District Map shall be located in the Town Hall and shall be identified by the signatures of the Mayor of the Town of Dinosaur, and attested by the Town Clerk, together with the date of adoption of this Title and any amendments thereto by the Town Council of the Town of Dinosaur.
(Ord. 60, Art. V, §501.2, 1983)
<strong> </strong><strong>14.04.050 District Boundaries.</strong>
As to the boundaries of Districts shown on the Official Zoning District Map and where no legal description of the District exists, the following rules shall apply:
A. Boundaries indicated following: highways, roads, streets, water courses, or platted property lines shall be construed to following the center line thereof.
B. All interpretations of District boundaries shown on the Official Zoning District Map shall be determined by the Zoning Enforcement Officer.
(Ord. 60, Art. V, §501.3, 1983)
<strong>14.04.060 Uniformity of Regulations.</strong>
The regulations established by this Chapter within each zone shall apply uniformly to each class or kind of structure or land. Unless exceptions are specified in this Title, the following interpretations shall apply:
A. No buildings, structure, or land shall be used or occupied, and no building or structure or part thereof shall be erected, changed, constructed, moved, or structurally altered unless in conformity with all of the regulations herein specified for the zone in which it is located. Where a lot is divided by a zoning district boundary line by the current official zoning map or by subsequent amendments to the zoning map, the zoning requirements may be extended within the lot for a distance of not more than twenty-five (25) feet.
B. No building or other structure shall be erected or altered:
1. To exceed the height limitations;
2. To accommodate or house a greater number of families;
3. To occupy a greater percentage of the area;
4. To have narrower or smaller rear yards, front yards, side yards, or other open spaces.
C. No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this Title, shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building unless specific exception therefore is stated in this Title.
D. No yard or lot existing or approved at the time of passage of this Code shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this Code shall meet at least the minimum requirements established by this Code.
E. Any use not permitted in a zone either specifically or by interpretation by the Town Council is hereby specifically prohibited from that zone.
<strong> </strong><strong>14.04.070 Conflict with other Provisions of Law.</strong>
Whenever the requirements of this Title are at a variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the more restrictive or that imposing the higher standards shall govern.
<strong>14.04.080 Conflict with Private Covenants or Deeds.</strong>
In case of a conflict between this Code and any private restrictions imposed by covenant or deed, the responsibility of the Town shall be limited to the enforcement of this Code. When provisions within this Code are more restrictive than those imposed by covenant or deed, or when any such private instruments are silent on matters contained within this Code, the provisions of this Code shall rule.
<strong> </strong><strong>14.04.090 Annexation and Zoning.</strong>
All territory annexed to the Town of Dinosaur subsequent to the effective date of the Ordinance codified herein shall be zoned according to district classifications of this Title. Such classifications shall be determined through a recommendation of the Planning Commission upon referral of the proposed annexation by the Town Council to the Planning Commission. The proposed zoning shall be established in accordance with applicable State statutes.
<strong>14.04.100 Non-Conforming Uses.</strong>
Any use existing at the date of the original adoption of these Regulations may be continued, even though such use does not conform to the requirements established for the district in which it is located. These non-conforming uses may be allowed to remain provided that they (1) do not cease to operate for a period of over six (6) months, except that time necessary for estate proceedings and transfer of title will not be computed, (2) are not extended beyond existing property lines, and the set-back requirements of that zoning district are met, and (3) are not extended, enlarged or structurally altered.
(Ord. 60, Art. III, §301.1, 1983)
<strong> </strong><strong>14.04.110 Special Review Uses.</strong>
A. Approval of Special Review Use Permit. A Special Review Use Permit may be granted for a special use in a particular Zone District as provided in Section (B) below, provided the Town Council finds as follows:
1. The proposed use is consistent with the provisions and purposes of the Land Use Regulations and a Special Review Use Permit may be granted in the particular zone district for which it is applied for under the terms of this Title;
2. The proposed use is compatible with existing and allowed uses surrounding or affected by the proposed use;
3. The proposed use will not materially endanger the public health, safety or general welfare;
4. The proposed use will be in general conformity with any land use plans, traffic circulation plans or other plans officially adopted by the Town;
5. Street improvements adequate to accommodate traffic volumes generated by the proposed use; provision of safe, convenient access to the use; and adequate parking are either in place or will be constructed in conjunction with the proposed use, as approved by the Town; and
6. Any additional conditions imposed by the Town Council are met.
In granting a Special Use permit, the Town Council shall impose such restrictions on the proposed use as it finds necessary to protect the public health, safety and welfare, including but not limited to restrictions equal to or more restrictive than requirements of the Zone District regulations regarding gross area, setbacks, coverage, and height of proposed structure; off-street parking; safety of ingress and egress; physical separation and distance from other uses or buildings; landscape buffer areas; screening fences; and any other provisions it finds necessary. A Special Review Use Permit may be limited as to duration of not less than three (3) years, location, the party entitled to the benefit thereof, and/or other specific limitations.
B. Special Review Use Permit-Additional Requirements. All Special Review Uses that attract or produce additional vehicular trips may be subject to street improvement impact fees as determined by the Town Council.
C. Application for Special Review Use.
1. Each application for a Special Review Use Permit shall be made on a form provided by the Town and signed by the applicant which clearly states the nature of the proposed use and reasons in support thereof. The application shall be accompanied by:
a. Proof of ownership of the land for which the application is made. If applicant is other than the owner, a notarized consent of the owner is required;
b. A site plan drawn to scale depicting the locations and boundaries of existing and proposed lots and structures;
c. The proper Special Review Use permit fee as set by the Town;
d. A list of names and address of owners of record of all property within two hundred fifty feet (250’); and
e. Any additional information which the Town Council determines is necessary to determine whether the proposed Special Review Use will comply with the Land Use Regulations.
2. The number of copies specified by the Town Council of the completed application, site plan and supporting materials, except proof of ownership, shall be submitted to the Town at least thirty (30) calendar days prior to the Town Council meeting at which it shall be reviewed.
D. Staff/Agency Review. The Town Council may use the services of a consulting land use planner or engineer to review the application with appropriate staff or other agencies and shall provide copies of the application and staff or agency comments to the Council members. All costs incurred by the Town for a consultant’s review of the application shall be borne by the applicant.
E. Town Council Review.
1. The Town Council shall review the application at a regular meeting within sixty (60) days of receiving a complete application, at which it shall hold a public hearing on the application. the applicant or its representative shall be present to represent the proposal. Following such public hearing, the Council shall take one of the following actions:
a. Approve the application, subject to conditions it finds necessary to protect the public health, safety and welfare or to ensure compliance with the Town’s regulations after finding that the application is in compliance with the Town’s Land Use Regulations or other applicable Town regulations; or
b. Deny the application for a Special Review Use Permit, stating the specific reasons for denial, after a finding that the application is not in compliance with the Town’s Land Use Regulations or other Town regulations; or
c. Continue the hearing with the requirement that the applicant submit changes or additional information which it finds necessary to determine whether the application complies with the Town’s Land Use Regulations or other applicable Town regulations.
F. Performance Guarantee.
1. In order to secure the construction and installation of street improvements, access improvements, parking improvements, landscape improvements, and any other improvements required by the Town as a condition of the issuance of a Special Review Use Permit, the Town may require the applicant to furnish the Town, prior to the issuance of the Special Review Use permit, with the following:
a. A disbursement agreement with escrow, a performance bond, or an irrevocable letter of credit to secure the performance and completion of such improvements in the amount equal to one hundred ten percent (110%) of the estimated cost of said facilities; or
b. Such other collateral as may be satisfactory to the Town Attorney.
2. The estimated cost of such improvements shall be a figure mutually agreed upon by the applicant and the Town Council. The purpose of such cost estimate is solely to determine the amount of security and may be revised from time to time to reflect the actual cost. No representation shall be made as to the accuracy of these estimates, and the applicant shall in any event pay the actual cost of such required improvements.
3. All improvements required to be constructed shall be warranted to be free of any defects in materials or workmanship for a period of twelve (12) months following completion and approval by the Town. If any such improvements are public improvements, they shall also be dedicated and conveyed to the Town of Dinosaur.
4. Upon the applicant’s failure to perform its obligation as required by the conditions for the issuance of the Special Review Use Permit, and in accordance with all plans, drawings, specifications and other documents submitted to the Town as approved, within the required time periods, the Town may give written notice to the permittee and the escrow agent pursuant to an escrow and disbursement agreement, the surety on a performance bond, or the issuer of an irrevocable letter of credit that the Town, as agent for the permittee, is proceeding with the task of installing the required improvements in whole or in part. Upon the assumption by the Town, the escrow agent, surety or issuer of the irrevocable letter of credit shall be authorized to disburse funds upon request from the Town, showing the proposed payee and the amount to be paid. Copies of any such request shall be sent to the permittee’s last known address. Permittee shall be given an opportunity to appear before the Town Council concerning any such assumption by the Town, within thirty (30) days after the giving of such notice by the Town.
5. The permittee shall in writing designate and irrevocably appoint the Mayor of the Town as its attorney in fact and agent for the purpose of completing all of the improvements required by the Special Review Use Permit in event of a default by permittee.
6. If any legal proceedings are commenced by the permittee concerning the Town’s assumption of the task of installing the required improvements, and if the permittee does not prevail in said legal proceedings, the surety or issuer of the letter of credit as well as the Town shall be entitled to recover the reasonable attorney’s fees and costs incurred therein from the permittee.
G. Revocation of Special Review Use Permit. Any Special Review Use Permit granted under this Section may be revoked, following public hearing, upon the determination that the owner of the property subject to the Special Review Use Permit, or the holder of the Special Review Use Permit if different from the owner, has violated one (1) or more of the conditions or requirements contained in the Special Review Use Permit. In the event the Town has reasonable cause to believe that one (1) or more of the conditions or requirements of the Special Review Use Permit has been violated, the Town shall serve the record owner of the property subject to the Special Review Use Permit and the holder of such permit if other than the owner, in person or by certified mail, return receipt requested, or by posting to the U.S. Mail on a witnessed and signed log, a notice to show cause why the Special Review Use Permit should not be revoked and any vested property rights related and hereto forfeited. Such notice shall state the date, time and place for a public hearing at which the Town Council or designated hearing officer will consider whether the Special Review Use Permit should be revoked. The notice shall also set for a concise statement of the grounds for revocation. The notice shall be served at least fifteen (15) days prior to the date of the hearing. The public hearing shall be conducted by the Town Council. Following such hearing, the Council shall issue a written decision either revoking the Special Review Use Permit or finding insufficient evidence exists to revoke the permit.
(Ord. 109, §1, 2007)
<strong> </strong><strong>14.04.120 Home Occupations.</strong>
A. Home Occupations Allowed by Right. The following home businesses and occupations shall be permitted in a residential dwelling in any zone district subject to the standards specified in this Section:
1. Office for the conduct of a business or profession.
2. Artist or craft studio.
3. Hairstyling.
4. Light assembly.
5. Clothing alterations.
B. Home Occupations Permitted as a Conditional Use. Home businesses or occupations other than those uses specified in subsection (A) above may be permitted if approved by the Town Council as a special use, provided the use is ordinarily permitted as either a use by right or a special use in the Zone District in which the residential dwelling is located.
C. Home Occupation Standards. A home business or occupation may be placed in any zone district as a use by right or as a special use, as specified in this Section, provided the following standards are satisfied:
1. Such use is conducted entirely within a residential dwelling or accessory building on the subject property and is carried on by the inhabitants living there. No person other than family members residing in the dwelling may be engaged in the home business or occupation.
2. Such use is clearly incidental to and secondary to the use of the dwelling for dwelling purposes and does not change the residential character thereof. No more than twenty-five percent (25%) of the floor area of the dwelling shall be used for the business or home occupation.
3. An accessory building located on the same property as the residence may be used in the home business or occupation provided that no more area than the equivalent of seventy-five percent (75%) of the floor area of the residence will be used for the home occupation and, further, that the accessory building can be converted to a common accessory building for residential purpose upon termination of the home business or occupation.
4. No exterior storage on the premises of material or equipment used as a part of the home business or occupation shall be permitted.
5. The home business or occupation shall not adversely affect traffic flow and parking in the neighborhood. The home business or occupation shall provide additional off-street parking adequate to accommodate all needs created by the business or occupation. At a minimum, one (1) additional parking space shall be provided on site for the home business or occupation, but more spaces may be required by the Town Council as necessary.
6. There shall be no offensive noise, vibration, smoke, fumes, dust, odor, heat or glare noticeable at or beyond the property line where the home business or occupation is located.
7. The property must maintain a non-business appearance at all times.
8. One sign may be placed on the property where the home business or occupation is located. Such sign shall not exceed three feet (3’) by five feet (5’) or a total of fifteen square feet (15 sq. ft.), and must be placed where it does not obstruct the view of traffic traveling on adjacent streets.
9. If a home business or occupation is lawfully established and a nuisance resulting from the home business or occupation is determined to exist by the Town Council after the establishment of the home business or occupation, the Town shall give the property owner sixty (60) days in which to correct the nuisance, relocate the use, or terminate use of the property for the home business or occupation.
(Ord. 60, Art. III, §302.1, 1983; Amended Ord. 93, §1, 1998)
<strong>14.04.130 Filing Fees.</strong><strong> </strong>
A fee of twenty-five dollars ($25.00) will be required to accompany any recommendation from a property owner for amending the text or map of this Title.
(Ord. 60, Art. III, §303.1, 1983)
Part 2
Zone District Provisions and Regulations
<strong> </strong><strong>14.04.140 District R-Residential Single Family.</strong>
A. Intent. This Residential District is intended primarily for residential dwellings and their related accessory uses. For lot size, set-backs and other dimensional and parking requirements see Section 14.07.100.
B. Permitted Uses.
1. One, two, and multi-family dwellings. (Amended Ord. 113, §2, 2007; Amended Ord. 3, §1, 2016)
2. Accessory uses.
3. Public buildings and uses.
4. Schools, parks and churches.
5. Home occupations.
6. Individual Manufactured Homes must meet the requirements in Section 14.04.160. (Amended Ord. 60, §1, 2009)
(Ord. 60, Art. IV, §401.1, 1983)
C. Use by Special Review. The following uses may be permitted by special review pursuant to Section 14.04.110 of the Land Use Regulations, as amended:
1. Travel Trailers.
(Ord. 3, §1, 2016)
<strong> </strong><strong>14.04.150 District R-MF – Residential Multi-Family.</strong>
A. Intent. This Multi-Family Residential Zone District is intended primarily for residential dwellings and their related accessory uses. For lot size, setbacks and other dimensional and parking requirements see Section 14.07.100.
B. Permitted Uses.
1. Duplex and multi-family dwellings.
2. Accessory uses.
3. Public buildings and uses.
4. Schools, parks and churches.
5. Home occupation.
(Ord. 113, §3, 2007)
<strong>14.04.160 District RMH – (Mobile Home Subdivision) Residential Mobile Homes.</strong>
A. Intent. It is the intent to encourage the provision of low to moderate income housing in a general residential environment, by permitting the use of Mobile Homes and Manufactured housing, as defined herein, in designated Districts, subject to the requirements and procedures set forth herein.
B. Permitted Uses. Manufactured Homes for residential occupation.
C. District Regulations.
1. Mobile Home, Manufactured Homes and Modular Homes must:
a. When erected on site, measure 720 square feet or more wall-to-wall.
b. Be designed and certified pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. 5401 et. seq., as amended.
c. Additions and alterations must meet or exceed the 2003 IRC Codes.
d. Meet requirements of Colorado State law, Section 24-32-701, C.R.S., whether it be HUD or IRC Code certified.
e. Not be altered in violation of applicable codes.
f. May not be older than fifteen (15) years at date of set.
g. Must be set upon a permanent foundation as described by the U.S. Department of Housing and Urban Development Permanent Foundations Guide for Manufactured Housing dated September 1996.
(Amended Ord. 60, §2, 2009)
2. Suitable Footings. Mobile homes shall be placed on one of the following types of footings:
a. Metal reinforced strip concrete slabs (See Picture 5 below).
b. Metal reinforced concrete slabs (See Picture 6 below).
c. Full basements-upon Zoning Enforcement Official’s approval.
3. Support Stipulations.
a. Supports must be concrete block.
b. A minimum of six (6) “metal reinforced” concrete strips or pads shall be required for each mobile home main beam. Pads or strips shall be a maximum of 8’0” on center.
c. Concrete to be 5 bag mix, 3500 psi.
[Remainder of Page left intentionally blank]
6. Concrete Requirements
Concrete Strips (Option #1)
(Picture 5)
2’ x 10’ x 8” x 4 = 2 cy 2’ x 10’ x 8” x 5 = 2.5 cy
2’ x 12’ x 8” x 4 = 2.5 cy 2’ x 12’ x 8” x 5 = 3 cy
2’ x 14’ x 8” x 4 = 3 cy 2’ x 14’ x 8” x 5 = 3.5 cy
2’ x 10’ x 8” x 6 = 3 cy 2’ x 10’ x 8” x 7 = 3.5 cy
2’ x 12’ x 8” x 6 = 3.5 cy 2’ x 10’ x 8” x 7 = 3.5 cy
2’ x 14’ x 8” x 6 = 4.5 cy 2’ x 14’ x 8” x 7 = 5.0 cy
For 6 strips For 7 strips
2’ x 10’ x 8” x 8 = 4.0 cy
2’ x 12’ x 8” x 8 = 4.75 cy
2’ x 14’ x 8” x 8 = 5.5 cy
For 8 strips
Concrete Pads (Option #2)
(Picture 6)
2’ x 2’ x 8” x 8 = 1 cy
2’ x 2’ x 8” x 10 = 1 cy
2’ x 2’ x 8” x 12 = 1.5 cy
2’ x 2’ x 8” x 14 = 1.5 cy
2’ x 2’ x 8” x 16 = 1.5 cy
2’ x 2’ x 8” x 18 = 2.0 cy
2’ x 2’ x 8” x 20 = 2.0 cy
7. Skirting. Each mobile home shall be skirted completely within forty-five (45) days of placement, with permanent, all-weather, non-combustible, rodent-proof skirting material approved by the Zoning Enforcement Official. Allowance shall be made for ventilation. An entry panel or door shall be available for access to utility connections. No galvanized metal nor corrugated fiberglass may be used for skirting. The color shall be compatible with the mobile home. All skirting will be insulated to an R-11 with a vapor barrier on inside of wall to protect bat insulation, if used. (Amended Ord. 60, §3, 2009)
8. Mobile Home Permit. Acquire a Mobile Home Permit in accordance with Section 14.09.010, Permits, License and Inspections.
9. Inspection of Mobile Homes. Acquire an inspection in accordance with Section 14.09.040.
(Ord. 60, Art. IV, §401.2, 1983)
<strong> </strong><strong>14.04.170 District MHP and TTP – Mobile Home and Travel Trailer Parks</strong>
A. Intent. Mobile Home Park and Travel Trailer Park Districts may hereafter be established in accordance with the procedures, requirements, and limitations set forth. It is intended that such mobile home communities shall be located and designed so as to provide a desirable residential environment.
B. Permitted Uses. Mobile Homes and Mobile Home Parks and Travel Trailers and Travel Trailer Parks.
C. District Regulations.
1. Mobile Home Parks and Travel Trailer Parks must be in accordance with the Development standards in Chapter 14.08, Part 1.
2. A person must acquire a valid license in accordance with Chapter 14.09 to administer a Mobile Home Park or Travel Trailer Park.
3. Acquire an Inspection in accordance with Chapter 14.09.
4. Following are the responsibilities of the Mobile Home or Travel Trailer Park Management (The Licensee):
a. The community management of the mobile home community development shall provide adequate supervision to maintain the Community in compliance with this Standard and to keep its facilities and equipment in good repair and in a clean and sanitary condition.
b. The management shall notify the Community residents of all applicable provisions of the Standard and inform them of their duties and responsibilities under this Standard.
c. The management shall supervise the placement of each mobile home stand which includes securing its stability and installing all utility connections.
d. The management shall maintain a register containing the names of all Community residents identified by lot number and street address. Such register shall be available to any authorized person inspecting the Community.
e. The management shall notify the enforcing agency immediately of any suspected communicable or contagious disease within the Community.
5. Following are the responsibilities of the Mobile Home Park Resident:
a. The resident shall comply with all applicable requirements of this Standard and shall maintain his/her mobile home lot, its facilities and equipment in good repair and in clean sanitary condition.
b. The resident shall be responsible for proper placement of his mobile home on its mobile home stand and proper installation of all utility connections in accordance with the requirements of the Colorado Division of Housing. (Amended Ord. 60, §4, 2009)
c. Pets, if permitted, in the Community, shall not be allowed to run at large or to create any nuisance within the limits of any mobile home park.
d. Skirtings, porches, awnings and other additions shall be installed in accordance with the instructions of the management. When installed, they shall be maintained in good repair. The space immediately underneath a mobile home shall be used for storage only if permitted by the management.
e. It shall be the obligation of every resident of a mobile home community to give the management thereof or any proper enforcing agency access to any part of the mobile home lot (not including the mobile home) at reasonable times for the purpose of inspections or repairs as are necessary to effect compliance with Chapter 14.09 of this Title.
(Ord. 60, Art. IV, §401.4, 1983)
<strong>14.04.180 District C - Commercial.</strong>
A. Intent. The Commercial District is intended for all types of commercial uses including mobile home sales, restaurants, and other service establishments. No residential mobile home development or commercially zoned highway frontage property will be permitted.
B. Permitted Uses.
1. Motels
2. Restaurants and lounges
3. Service stations
4. Drive-in restaurants
5. Beauty and Barber shops
6. Other retail stores and services
7. Business and professional offices
a. Applications for placement of mobile homes for such purposes shall be reviewed by the Town Council. The renting of mobile home lots shall not be considered a commercial endeavor and therefore shall not be a conforming use for commercially zoned land.
8. Retail Marijuana Stores
9. Medical Marijuana Centers
(Ord. 60, Art. IV, §401.4, 1983; Amended Ord. 90, §2, 1996; Amended Ord. 126, §1, 2012; Amended Ord. 3, §2, 2016; Amended Ord. 1, §1, 2017)
<strong> </strong><strong>14.04.190 District LI – Light Industrial.</strong>
A. Intent. The LI Light Industrial District is established as a District in which the principal use of land is for the fabrication, assembly and manufacture of goods and materials in conjunction with related retail and wholesale activities. It is the intention of these Regulations to encourage the development and orderly expansion of the District with such uses and in such a manner as to avoid dangerous, noxious, or unsightly land uses.
B. Permitted Uses. Within the LI Light Industrial District, a building or land shall be used only for the following purposes:
1. Wholesale distributing houses, warehouses, and mini-warehouses.
2. Facilities for the manufacture, assembly, or processing of goods and materials excluding those listed in subsection (D) of this Section.
3. Railroad trans-shipment facilities excluding those for sand, gravel or other minerals, except coal which is treated as a special use under Section 14.04.190(C)(7) below.
4. Gasoline or filling stations meeting all conditions and requirements for the Commercial District.
5. Automobile parking lots and structures, either public or private.
6. Customary accessory uses and structures to include warehouses and storage buildings when located on the same lot or abutting lot of same ownership as the main structure excluding, however, open storage.
7. Public utility distribution lines, transformer stations, transmission lines and towers, water tanks and towers, and telephone exchanges.
8. Fire and police stations.
9. Advertising signs; business signs and outdoor advertising signs not exceeding thirty-two (32) square feet in size.
10. Open sales yards for automotive sales, farm machinery sales, and equipment sales including mobile homes and travel trailers but excluding open storage of wrecked or inoperable equipment or materials.
C. Special Uses. The following uses require the review and approval of the Dinosaur Town Council:
1. Businesses engaged exclusively in the retail sale of goods to the general public.
2. Business engaged exclusively in providing services to the general public.
3. Offices-public, municipal, professional and private.
4. Restaurants, including drive-in restaurants, with or without bar.
5. Industrial, trade or vocational schools and similar uses.
6. Open yards for the storage or sale of lumber and building materials.
7. Coal loading facilities with adequate environmental controls.
D. Uses Not Permitted. In furtherance of the policy of this Title prohibiting uses and classes of uses not specifically allowed hereinabove as a permitted use or a special use, but not by way of limitation, the following uses shall not be permitted in the LI Light Industrial District:
1. Cement, lime, gypsum, rockwall, or plaster of paris manufacture.
2. Acid manufacture.
3. Explosive manufacture or storage.
4. Glue manufacture, fat rendering, distillation of bones, fertilizer manufacture.
5. Petroleum refining or bulk storage of explosive products.
6. Milling or smelting of ores.
7. Garbage, offal, or dead animal reduction or dumping.
8. Stockyards, feeding yards, or slaughter of animals.
9. Bulk storage of liquid petroleum gases and manufacture of liquid petroleum gases or petroleum products.
10. Other uses similar or like the above.
(Ord. 60, Art. IV, §401.5, 1983)
<strong> </strong><strong>14.04.200 District I – Industrial.</strong>
A. Intent. The Industrial Zone District is intended to encourage non-polluting industrial activities designed to meet acceptable locally established standards for noise and odor impacts. (Amended Ord. 110, §2 (part), 2007; Amended Ord. 1, §2, 2017)
B. Permitted Uses.
1. Colleges and vocational schools
(Ord. 60, Art. IV, §401.6(b)(1), 1983; Amended Ord. 74, §4, 1990; Amended Ord. 110, §2 (part), 2007; Amended Ord. 1, §2(part), 2017)
2. Public buildings
(Ord. 60, Art. IV, §401.6(b)(2), 1983; Amended Ord. 74, §5, 1990; Amended Ord. 110, §2 (part), 2007; Amended Ord. 1, §2(part), 2017)
3. Medical and dental clinics
4. Hospitals or mental hospitals
5. Counseling and rehabilitation centers
6. Cemeteries
7. Golf courses and driving ranges
8. Parks, lakes, reservoirs, greenways
9. Utility service facilities (underground)
10. Hotels, motels, lodges, bed and breakfast facilities
11. General offices
12. Commercial parking
13. Swimming pools
14. Indoor recreation
15. Retail sales and service establishments
16. Self service storage facilities
17. Vehicle repair and service facilities
18. Manufacturing and production businesses
19. Warehouse and freight movement facilities
20. Wholesale businesses
21. Retail marijuana cultivation facilities
22. Retail marijuana product manufacturing facilities
23. Retail marijuana testing facilities
24. Medical marijuana cultivation facilities
C. Use by Special Review. The following uses may be permitted by special review pursuant to Section 14.04.110 of the Land Use Regulations, as amended:
1. Detention facilities
2. Funeral homes, mortuaries, crematories
3. Public safety and emergency response facilities
4. Transmission lines (above ground)
5. Utility treatment, production or service facilities
6. Shooting ranges
7. Truck stop/travel plaza/truck parking facilities
8. Impound Lots
9. Heavy equipment/pipe storage yards
10. Waste related/recycling uses
11. Sexually oriented businesses
12. Oil and gas drilling and related service facilities and storage
13. Sand or gravel extraction, processing or storage
14. All other mining extraction
15. Telecommunications facilities and towers
16. Junk yards
17. Tire recapping and storage facilities
18. Animal clinic/hospital/boarding/sales facilities
19. Manufactured building sales and service businesses
(Ord. 60, Art. IV, §401.5, 1983; Amended Ord. 110, §2, 2007; Amended Ord. 1, §2, 2017)
</dd>
<dt>14.06 Subdivisions</dt>
<dd>
<strong>14.06.010 General Provisions.</strong>
<strong>14.06.020 Intent.</strong>
<strong>14.06.030 Administration.</strong>
<strong>14.06.040 Types of Subdivisions.</strong>
<strong>14.06.050 Sketch Plan.</strong>
<strong>14.06.060 Preliminary Plat.</strong>
<strong>14.06.070 Final Plat.</strong>
<strong>14.06.080 Concurrent Sketch Plan/Preliminary Plat.</strong>
<strong>14.06.090 Minor Subdivision Plat</strong>
<strong>14.06.100 Plot Plan.</strong>
<strong>14.06.110 Site Plan.</strong>
<strong>14.06.120 Amendment to Recorded Plats.</strong>
<strong>14.06.130 Resubdivision.</strong>
<strong>14.06.140 Vacation of Rights-of-Way/Easement</strong>
<strong>14.06.150 Subdivision Improvements and Development Agreements.</strong>
<strong>14.06.010 General Provisions.</strong><strong> </strong>
The provisions of this Chapter, the Subdivision Regulations, in conjunction with the Zoning Code, shall apply to any and all development of land within the municipal boundaries of the Town, unless expressly and specifically exempted or provided otherwise in these Regulations. No development shall be undertaken without prior and proper approval or authorization pursuant to the terms of these Regulations in conjunction with the Zoning Code. All development shall comply with the applicable terms, conditions, requirements, standards and procedures established in these Regulations in conjunction with the Zoning Code.
Except as herein provided, no building, structure or land shall be used and no building or structure or part thereof shall be erected, constructed, reconstructed, altered, repaired, moved or structurally altered except in conformance with the regulations herein specified for the district in which it is located, nor shall a yard, lot or open space be reduced in dimensions or area to an amount less than the minimum requirements set forth herein.
These Regulations in conjunction with the Zoning Code, establish procedural and substantive rules for obtaining the necessary approval to develop land and construct buildings and structures. Development applications will be reviewed for compliance with the Town Comprehensive Plan and with adopted regulations, policies and other guidelines.
<strong>14.06.020 Intent.</strong>
A. This Chapter is designed and enacted for the purpose of promoting the health, safety, convenience, order, prosperity and welfare of the present and future inhabitants of the Town by:
1. Encouraging new subdivision developments to relate to the Town’s historic development pattern.
2. Promoting compact, well-defined, sustainable neighborhoods that enhance Town’s character.
3. Creating livable neighborhoods that foster a sense of community.
4. Encouraging the proper arrangement of streets in relation to existing or planned streets and ensuring streets facilitate safe, efficient and pleasant walking, biking and driving.
5. Providing a variety of lot sizes and housing types.
6. Protecting sensitive natural and historic areas and Town’s environmental quality.
7. Providing for adequate and convenient open spaces for traffic, utilities, access of fire apparatus, recreation, light and air.
8. Providing open spaces for adequate storm water management if necessary.
9. Providing protection from geologic hazards and flood prone areas.
10. Ensuring compliance with the Zoning Code, the Town Comprehensive Plan and the Community Design Principles and Development Standards.
11. Regulating such other matters as the Town Council may deem necessary in order to protect the best interest of the public.
<strong>14.06.030 Administration.</strong>
All plans of streets or highways for public use, and all plans, plats, plots and replats of land laid out in subdivision or building lots, and the streets, highways, alleys or other portions of the same intended to be dedicated to a public use or the use of purchasers or owners of lots fronting thereon or adjacent thereto, shall be submitted to the Town Council for review and subsequent approval, conditional approval or disapproval. No plat shall be recorded in any public office unless the same shall bear thereon, by endorsement or otherwise, the approval of the Town Council. Acceptance of proposed dedications by the public shall be given by separate action of the Town Council.
<strong> </strong><strong>14.06.040 Types of Subdivisions.</strong>
A. Major Subdivisions.
1. Definition. A major subdivision is permitted when any one or more of the following conditions exist:
a. Dedication of public right-of-way or other public tracts; or
b. The entire tract to be subdivided is greater than ten (10) acres; or
c. The resultant subdivision will produce more than ten (10) lots.
2. Major Subdivision Process. The major subdivision process is as follows (for more details refer to Sections 14.06.050 – 14.06.070):
a. Sketch Plan.
i.
Pre-Application Conference.
ii.
Planning Commission Visioning Meeting.
iii.
Application Submittal.
iv.
Staff Certifies Application is Complete.
v.
Planning Commission Review.
vi.
Town Council Action.
b. Preliminary Plat.
i.
Pre-Application Conference.
ii.
Application Submittal.
iii.
Staff Certifies Application is Complete.
iv.
Staff Refers Application to Parties of Interest.
v.
Letters of Support and Commitment to Serve.
vi.
Staff Reviews Application and Prepares Comments.
vii.
Applicant Addresses Staff Comments.
viii.
Final Staff Review and Report to Planning Commission.
ix.
Town Schedules Public Hearing and Completes Public Notification Process.
x.
Planning Commission Public Hearing and Recommendation.
xi.
Applicant Addresses to any Conditions of Approval.
xii.
Town Council Action.
c. Final Plat.
i.
Application Submittal.
ii.
Staff Certifies Application is Complete.
iii.
Staff Refers Application to Parties of Interest.
iv.
Staff Reviews Application and Prepares Comments.
v.
Applicant Addresses Staff Comments.
vi.
Final Staff Review and Report to Planning Commission.
vii.
Town Schedules Public Hearing and Completes Public Notification Process.
viii.
Planning Commission Public Hearing and Recommendation.
ix.
Applicant Addresses Planning Commission Conditions of approval.
x.
Staff Notifies Parties of Interest.
xi.
Town Schedules Public Hearing and Completes Public Notification Process.
xii.
Town Council Public Hearing and Action.
xiii.
Record Final Plat.
xiv.
Post Approval Actions.
3. Concurrent Sketch Plan/Preliminary Plat Process. Major subdivisions may also choose to submit a sketch plan and preliminary plat concurrently (for more details refer to Section 14.06.080):
a. Sketch Plan/Preliminary Plat.
i.
Pre-Application Conference.
ii.
Site Visit with Town Representative.
iii.
Planning Commission Visioning Meeting.
iv.
Application Submittal.
v.
Staff Certifies Application is Complete.
vi.
Staff Refers Application to Parties of Interest.
vii.
Letters of Support and Commitment to Serve.
viii.
Staff Reviews Application and Prepares Comments.
ix.
Applicant Addresses Staff Comments.
x.
Final Staff Review and Report to Planning Commission.
xi.
Town Schedules Public Hearing and Completes Public Notification Process.
xii.
Planning Commission Public Hearing and Recommendation.
xiii.
Applicant Responds to Conditions of Approval.
xiv.
Town Council Action.
b. Final Plat.
i.
Application Submittal.
ii.
Staff Certifies Application is Complete.
iii.
Staff Refers Application to Parties of Interest.
iv.
Staff Reviews Application and Prepares Comments.
v.
Applicant Addresses Staff Comments.
vi.
Final Staff Review and Report to Planning Commission.
vii.
Town Schedules Public Hearing and Completes Public Notification Process.
viii.
Planning Commission Public Hearing and Recommendation.
ix.
Applicant Addresses Planning Commission Conditions.
x.
Staff Notifies Parties of Interest.
xi.
Town Schedules Public Hearing and Completes Public Notification Process.
xii.
Town Council Public Hearing and Action.
xiii.
Record Final Plat.
xiv.
Post Approval Actions.
Figure 4.1 (below)
B. Minor Subdivisions.
1. Definition. A minor subdivision is permitted under the following circumstances:
Option 1:
a. The property has previously been platted within the Town;
b. There is no public right-of-way dedication;
c. The entire tract to be subdivided is ten (10) acres or less in size;
d. The resulting subdivision will produce ten (10) or fewer lots; and
e. There will be no exceptions to the Subdivision Design Standards.
Option 2:
a. The property is to be subdivided in order to split the parcel and convey a portion of it as a separate tract; and
b. There is no public right-of-way dedication.
2. Process. The minor subdivision process is as follows (for more details refer to Section 14.06.100):
a. Pre-Application Conference.
b. Application Submittal.
c. Staff Certifies Application is Complete.
d. Staff Refers Application to Parties of Interest.
e. Letters of Support and Commitment to Serve.
f. Staff Reviews Application and Prepares Comments.
g. Applicant Responds to Staff Comments.
h. Town Schedules Public Hearing and Completes Public Notification Process.
i. Planning Commission Public Hearing and Recommendation.
j. Applicant Responds to Planning Commission Conditions of Approval.
k. Town Council Action.
l. Record Minor Subdivision Plat.
<strong> </strong><strong>14.06.050 Sketch Plan.</strong>
A. Sketch Plan Purpose. The sketch plan process is collaborative from the onset. The purpose of the sketch plan is two-fold. First, it provides the Town the opportunity to describe the community’s vision to the applicant. Second, it gives the applicant an opportunity to discuss his/her development plans, explain how the plans will further the community’s vision and obtain input and direction from the Planning Commission and Town Council early in the process. The ultimate goal of this process is to help the applicant develop a plan that fosters the community’s vision.
B. Sketch Plan Application Process.
1. Step 1: Pre-Application Conference. A pre-application conference with a representative from the Town is required before the applicant may submit a sketch plan application. The purpose of the meeting is to allow the applicant to discuss his/her ideas for developing the property and to give the Town the opportunity to communicate the Town’s vision. Topics to be discussed will include:
a. Applicant’s goals for the property.
b. Town vision and expectations.
c. Community Design Principles and Development Standards.
d. The character and quality of development the Town is seeking.
e. Town regulations and standards.
f. The application and review process.
g. Submittal requirements.
h. Schedule.
2. Step 2: Planning Commission Visioning Meeting. This is intended to be a collaborative meeting between the Planning Commission and the developer to ensure that all new development is consistent with the community’s goals and that issues are identified early in the development process. Topics that may be addressed in this meeting include:
a. How the proposed project is consistent with the Town Comprehensive Plan and the Subdivision Regulations (Chapter 14.06 of this Code).
b. The developer’s goals and vision for the project.
c. How the proposed development incorporates variety in the type, design and siting of buildings.
d. How the proposed subdivision will be connected to and integrated with surrounding natural and developed areas.
e. How the project will impact neighboring properties (i.e., water drainage, traffic circulation, environmental impacts, view corridors).
f. How the design is cost-effective and environmentally responsive to site features and constraints and how potential impacts to natural systems will be mitigated.
g. How the design capitalizes on natural and cultural assets on and around the site to build a positive and distinctive identity.
h. How the proposal promotes the efficient use of land and public streets, utilities and governmental services.
i. Applicants should bring the following items to the meeting:
i. Context/Vicinity Map – which shows the proposed development in relation to the surrounding area (see Section 14.06.050 for details).
ii. Base Map – which shows the site features (such as topography, ditches, drainageways, wildlife habitat, trees and view corridors).
iii. Images (such as photographs, sketches and/or plans) which illustrate the project intention. For example, an applicant might bring pictures of:
a) important architectural elements (such as a porch, vertical windows, mother-in-law units);
b) proposed architectural styles;
c) ideas for landscaping features such as a xeriscape garden entryway;
d) streetscape components which contribute to the project’s character;
e) a special tree on the property;
f) examples of signs that promote the development’s identity; and
g) anything else that illustrates what the developer is trying to create.
3. Step 3: Sketch Plan Application Submittal. The applicant shall submit one (1) copy of the complete sketch plan application package to the Town Clerk and shall request that the application be reviewed by the Planning Commission and Town Council. The application must be submitted a minimum of three (3) weeks prior to the Planning Commission meeting at which the application will be reviewed. The sketch plan application package shall include the following items:
a. Land Use Application Form.
b. Subdivisions - Technical Criteria Form.
c. Application Fee and Fee Agreement. A non-refundable fee is collected to cover the cost of review by the Town Attorney, Town Engineer, Town Planner and any other expert whom the Town may wish to employ; and notice and publication expenses. Actual costs may exceed the deposit; in this case, the applicant is liable for costs in excess of the application fee according to the fee agreement. The Town shall provide applicants with a copy of the most current fee schedule and fee agreement form.
d. Title Commitment. The title commitment must be current and the date must be no more than thirty (30) days from the date of sketch plan application submittal.
e. Context/Vicinity Map. The context/vicinity map shall show the proposed development in relation to the surrounding area (one and one-half [1½] mile radius around the property). The map shall be twenty-four (24) inches high by thirty-six (36) inches wide and provide the following information:
i. Title of project.
ii. North arrow, scale (not greater than 1" = 1000') and date of preparation.
iii. Boundary of proposed project.
iv. Existing (for developed land) or proposed (for vacant/agricultural land) land uses for the properties shown on the map (i.e. residential, commercial, industrial, park, etc.) -- label land use and whether it is existing or proposed.
v. Major streets (show and label street names).
vi. Existing public water and sewer lines and proposed connections.
vii. Regional open space/trail networks per the Town Comprehensive Plan.
viii. Major ditches, rivers and bodies of water.
ix. Adjacent properties identified by subdivision name or zoning district.
f. Sketch Plan. The sketch plan shall be twenty-four (24) inches high by thirty-six (36) inches wide and may be a free hand drawing in a legible medium that clearly shows:
i. Title of project.
ii. North arrow, scale (not greater than 1" = 200') and date of preparation.
iii. Vicinity map.
iv. Legal description.
v. Acreage of property.
vi. USGS topographic contours.
vii. Location and approximate acreage of proposed land uses.
viii. Existing easements and rights-of-way on or adjacent to the property
ix. Existing streets on or adjacent to the property (show and label street name).
x. Note indicating how the eight (8) percent public/semi-public dedication will be met.
xi. Table providing the following information for each proposed land use area: total acreage; proposed density or floor area ratio; proposed number of dwelling units; and approximate size of proposed residential lots.
xii. Proposed collector and arterial streets.
xiii. General locations of existing utilities on or adjacent to the property.
xiv. Graphic and/or verbal explanation of how the property will be served with utilities.
xv. Location of any proposed sewer lift stations.
xvi. Trails - show how the development will tie into any regional trails network.
xvii. Floodplain boundary with a note regarding the source of information (if a floodplain does not exist on the property, please state this on the plan).
xviii. Geologic hazard areas.
xix. Existing and proposed zoning on and around the property.
xx. Land use table - the table shall include: land uses, approximate acreage of each land use and percentage of each land use.
g. Conceptual Landscape Plan.
h. Conceptual Open Space and Ecological Characterization Plan.
i. General Development Information. Provide a written description of the existing conditions on the site and the proposed development. Include the following items in the description:
i. Design rationale - discuss how the development is connected to/integrated with surrounding area, how it responds to site features/constraints.
ii. Proposed number of residential lots or dwelling units, typical lot width and depth, price ranges of lots and dwelling units (not needed if information is shown on the sketch plan).
iii. General description of plan for drainage and storm water management.
iv. Water supply information including: the number of water taps needed; the amount of raw water that will be provided to the Town and the source of the water (if part of annexation, source of raw water).
v. Statement indicating whether or not any commercial mineral deposits are located on the site.
vi. Description of any floodplain hazards on the site (only if additional information is needed than what is shown on the sketch plan map).
vii. Show how the proposed development complies with the Town Comprehensive Plan.
j. Soils Report and Map. The report and map shall be based on USDA Soils Conservation Service information and discuss the existing conditions and any potential constraints/hazards. The report shall also address groundwater issues.
k. Geologic Report. This report is required only for areas that have the potential for subsidence. It must be prepared by either a registered professional engineer or professional geologist and the professional must have experience in mine subsidence. The report shall address:
i. Site conditions;
ii. Geologic conditions;
iii. Engineering and geologic considerations; and
iv. Limitations and any necessary additional investigations.
4. Step 4: Application Certification of Completion. Within a reasonable period of time, Staff shall either certify the application is complete and in compliance with all submittal requirements or reject it as incomplete and notify the applicant of any deficiencies. Applicant shall then correct any deficiencies in the application package, if necessary, and submit the required number of copies of the application (as specified in the Sketch Plan Technical Criteria form) to the Town Clerk. The original application and all documents requiring a signature shall be signed in blue ink.
5. Step 5: Planning Commission Review. At the next available meeting, the Planning Commission shall review the sketch plan application and provide input regarding how well the project addresses the sketch plan review criteria. The Planning Commission will then recommend to the Town Council approval, approval with conditions or denial.
6. Step 6: Town Council Action. The Town Council shall review the sketch plan at its next available meeting, and shall approve, conditionally approve or deny the application based on how well the application addresses the sketch plan review criteria.
C. Sketch Plan Review Criteria. The Town shall use the following criteria to evaluate the applicant’s sketch plan application:
1. The land use mix within the project conforms to Town’s Zoning District Map and furthers the goals and policies of the Town Comprehensive Plan including:
a. The proposed development promotes Town’s small town, rural character;
b. Proposed residential development adds diversity to Town’s housing supply;
c. Proposed commercial development will benefit Town’s economic base;
d. Parks and open space are incorporated into the site design;
e. The proposed project protects Town’s environmental quality; and
f. The development enhances cultural, historical, educational and/or human service opportunities.
2. The sketch plan represents a functional system of land use and is consistent with the rationale and criteria set forth in this Code and the Town Comprehensive Plan.
3. The utility and transportation design is adequate, given existing and planned capacities of those systems.
4. Negative impacts on adjacent land uses have been identified and satisfactorily mitigated.
5. There is a need or desirability within the community for the applicant’s development and the development will help achieve a balance of land use and/or housing types within Town, according to Town’s goals.
<strong> </strong><strong>14.06.060 Preliminary Plat.</strong>
A. Preliminary Plat Purpose. The purpose of the preliminary plat is to provide the Town with an overall master plan for the proposed development.
B. Preliminary Plat Application Process.
1. Step 1: Pre-Application Conference. A pre-application conference with a representative from the Town is required before the applicant may submit a preliminary plat application. Topics to be discussed will include:
a. Town regulations and standards;
b. The application and review process;
c. Submittal requirements; and
d. Schedule.
2. Step 2: Preliminary Plat Application Submittal. Upon approval or conditional approval of the sketch plan, the applicant shall submit one (1) copy of the complete preliminary plat application to the Town Clerk. The application must be submitted a minimum of sixty (60) days prior to the Planning Commission meeting at which the application will be reviewed. The application must be submitted not more than twelve (12) months after approval of the sketch plan unless otherwise approved by the Town Council. The preliminary plat application package shall include the following items:
a. Land Use Application Form.
b. Subdivisions - Technical Criteria Form (from Workbook).
c. Application Fee and Fee Agreement. A non-refundable fee is collected to cover the cost of review by the Town Attorney, Town Engineer, Town Planner and any other expert whom the Town may wish to employ; and notice and publication expenses. Actual costs may exceed the deposit; in this case, the applicant is liable for costs in excess of the deposit. The Town shall provide applicants with a copy of the most current fee schedule and fee agreement form.
d. Title Commitment. The title commitment must be current and dated no more than thirty (30) days from the date of preliminary plat application submittal.
e. Surrounding and Interested Property Ownership Report. Provide the Town Clerk with a current list (not more than thirty [30] days old) of the names and addresses of the surrounding property owners (within three hundred [300] feet of the property), 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.
f. Preliminary Plat. The preliminary plat shall be twenty-four (24) inches high by thirty-six (36) inches wide and provide the following information:
i. Title of project.
ii. North arrow, scale (not greater than 1" = 100') and date of preparation.
iii. Vicinity map.
iv. Names and addresses of owners, applicant, designers, engineers and surveyors.
v. Legal description.
vi. Total acreage of property.
vii. Existing contours at two (2) foot intervals (contours shall be based on USGS datum).
viii. Name and location of abutting subdivisions or owners of abutting property (if land is not platted).
ix. Lots, blocks, and street layout with approximate dimensions and square footage for each lot.
x. Consecutive numbering of all lots and blocks.
xi. Existing and proposed rights-of-way and easements on and adjacent to the property.
xii. Existing and proposed street names for all streets on and adjacent to the property.
xiii. Existing and proposed zoning on and adjacent to property.
xiv. Location and size of existing and proposed sewer lines, water lines and fire hydrants. (Note: Applicant must consult with the appropriate utility service providers regarding the design of all utilities through the subdivision.)
xv. Existing and proposed curb cuts on and adjacent to subject property.
xvi. Location by field survey or aerial photography of existing and proposed water courses and bodies of water such as irrigation ditches and lakes or ponds. Water courses shall include direction of flow.
xvii. Floodplain boundary with a note regarding source of information (if a floodplain does not exist on the property, please state this on the plan).
xviii. General location of existing surface improvements such as buildings, fences or other structures which will remain on the property as part of the subdivision.
xix. Location and acreage of sites, if any, to be dedicated for parks, playgrounds, schools or other public uses.
xx. Location, function, ownership and manner of maintenance of any private open space.
xxi. Land use table - the table shall include: land uses, approximate acreage of each land use, and percentage of each land use (including how twelve [12] percent public/semi-public requirement will be met).
xxii. Total number of lots.
xxiii. Number of each type of dwelling unit proposed.
g. General Development Information. Provide a written description of the existing conditions on the site and the proposed development. Include the following items:
i. Explanation of how the preliminary plat is consistent with the sketch plan, and if there are any differences, what they are and how the plan is still consistent with the community’s vision.
ii. Explanation of how the items of concern expressed by the Planning Commission and Town Council, at the time of sketch plan review, have been addressed.
iii. Explanation of how the plan is consistent with the Town Land Use Code and Town Comprehensive Plan.
h. Preliminary Grading and Drainage Plan and Report. This plan and report must be certified by a Colorado registered professional engineer, including storm drainage concepts such as locations for on-site detention or downstream structural improvements and soil erosion and sedimentation control plans and specifications. It must also discuss the impacts on and to any existing floodways and/or floodplains on and adjacent to the site as well as any FEMA applications required.
i. Master Utility Plan. This plan shall be prepared by a registered professional engineer. It is necessary that the engineer consult with the appropriate utility service providers regarding the design of all utilities through the subdivision.
j. Preliminary Landscape Plan.
k. Preliminary Open Space and Ecological Characterization Plan. Refer to Section 14.08.100 of the Town Land Use Code for the preliminary open space plan and ecological characterization requirements.
l. Traffic Study. This study must be prepared by a professional traffic engineer.
m. Draft of Proposed Covenants and Architectural Design Guidelines.
n. Mineral, Oil and Gas Rights Documentation. Evidence that the surface owner has contacted all lessees of mineral, oil and gas rights associated with the site and is working towards resolution. Included in the evidence must be the name of the current contact person, their phone number, and mailing address.
o. Soils Report and Map. A copy of the soils report and map provided at the time of sketch plan must be provided to some of the review agencies.
p. Geologic Report. If a geologic report was prepared at the time of sketch plan must be provided to some of the review agencies.
q. Colorado Historical Society Records Search. At the discretion of the Town Staff or Town Council, an applicant may be required to provide the Town with a Colorado Historical Society records listing historically or archaeologically significant findings on the property being subdivided. If a listing shows a significant finding, a site-specific historic survey is required. The survey shall provide the following information:
i. Site identification:
a) State site number;
b) Site address;
c) Site location/access’
d) Type and description of finding (what is historic); and
e) Owner’s name and address.
ii. Eligibility assessment for historic designation.
iii. Statement of significance.
iv. Management and administrative data:
a) References;
b) Photographs of site;
c) Maps of the site;
d) Name, address, phone number and qualifications of person completing survey; and
e) Date of completion of survey.
If, in coordination with the applicant, the Town Council decides to protect an historic resource, a protection plan must be devised.
r. Public Hearing Notification Envelopes. Provide the Town Clerk with one (1) set of stamped, addressed, certified (return receipt requested) envelopes. The envelopes shall have the Town’s address as the mailing address and return address and the envelopes shall be addressed to the surrounding property owners (within three hundred [300] feet of the property), mineral interest owners of record, mineral and oil and gas lessees for the property, and the appropriate referral agencies (as discussed in pre-application conference).
3. Step 3: Application Certification of Completion. Within a reasonable period to time, Staff shall either certify the application is complete and in compliance with all submittal requirements or reject it as incomplete and notify the applicant of any deficiencies. Applicant shall then correct any deficiencies in the application package, if necessary, and submit the required number of copies of the application (as specified in the Preliminary Plat Technical Criteria form) to the Town Clerk. The original application and all documents requiring a signature shall be signed in blue ink.
4. Step 4: Refer Application to Parties of Interest. Not less than forty-five (45) days before the date scheduled for the initial public hearing, Staff shall send information about the application by certified mail to: adjacent municipalities, Moffat County, surrounding property owners within three hundred (300) feet, mineral interest owners of record, mineral and oil and gas lessees for the property, and other parties of interest. The referral information shall include the time and place of the public hearing, the nature of the hearing, the location of the subject property, and the applicant’s name.
5. Step 5: Letters of Support and Commitment to Serve. Within thirty (30) days from the date the application is deemed complete, the applicant shall provide the Town with letters of support and commitment to serve from all agencies identified at the pre-application conference.
6. Step 6: Staff Reviews Application and Prepares Comments. Staff will complete a review of the preliminary plat based on the preliminary plat review criteria and referral comments received. Staff will then prepare a report identifying issues of concern for the applicant to address and forward this report to the applicant.
7. Step 7: Applicant Addresses Staff Comments. The applicant shall submit the following to the Town Clerk:
a. Letter explaining how all of the comments have been addressed; and
b. Revised maps and other documents (if any).
8. Step 8: Final Staff Review and Report to Planning Commission. Staff will complete a final review of the resubmitted materials and then prepare a report to the Planning Commission explaining how the application is or is not consistent with the preliminary plat review criteria.
9. Step 9: Schedule Preliminary Plat Public Hearing and Complete Public Notification Process. The Planning Commission shall schedule a public hearing for the purpose of taking action on the preliminary plat. The Town Clerk shall publish notice in a newspaper of general circulation. The hearing may be held no less than thirty (30) days from the date of advertising.
10. Step 10: Planning Commission Public Hearing and Recommendation. The Planning Commission shall hold a public hearing to review the application based on the preliminary plat review criteria. The Planning Commission shall then make a recommendation to the Town Council to approve, conditionally approve, or deny the application.
11. Step 11: Applicant Addresses Planning Commission Conditions. The applicant shall revise the preliminary plat based on the Planning Commission’s conditions of approval and submit it to the Town.
12. Step 12: Town Council Action. The preliminary plat shall be presented to the Town Council for its review and action. The Town Council may approve, conditionally approve or deny the preliminary plat based on the preliminary plat review criteria. Approval and conditional approval of a preliminary plat shall be effective for one (1) year unless otherwise approved by the Town Council. If the plat is denied, the request or one that is substantially similar may not be heard by the Planning Commission for a period of one (1) year from the date of denial unless otherwise approved by the Planning Commission. If a final plat is not submitted within said time limit or an extension has not been granted, a preliminary plat must again be submitted before action may be taken on a final plat.
C. Preliminary Plat Review Criteria. The Town shall use the following criteria to evaluate the applicant’s request:
1. The preliminary plat represents a functional system of land use and is consistent with the rationale and criteria set forth in this Code and the Town Comprehensive Plan.
2. The application is consistent with the approved sketch plan and incorporates the Planning Commission’s recommendations and conditions of approval.
3. The land use mix within the project conforms to Town’s Zoning District Map and furthers the goals and policies of the Town Comprehensive Plan including:
a. The proposed development promotes the Town’s small town, rural character;
b. Proposed residential development adds diversity to Town’s housing supply;
c. Proposed commercial development will benefit Town’s economic base;
d. Parks and open space are incorporated into the site design;
e. The proposed project protects Town’s environmental quality; and
f. The development enhances cultural, historical, educational and/or human service opportunities.
4. The utility and transportation design is adequate, given existing and planned capacities of those systems.
5. Negative impacts on adjacent land uses have been identified and satisfactorily mitigated.
6. There is a need or desirability within the community for the applicant’s development and the development will help achieve a balance of land use and/or housing types within Town, according to Town’s goals.
<strong> </strong><strong>14.06.070 Final Plat.</strong>
A. Final Plat Purpose. The purpose of the final plat is to complete the subdivision of land consistent with the technical standards.
B. Final Plat Application Process.
1. Step 1: Final Plat Application Submittal. The final plat application shall conform with the preliminary plat as approved at the public hearing and shall address all conditions of approval required by the Town Council. The final plat application for the first phase of development must be submitted not more than twelve (12) months after approval of the preliminary plat unless otherwise approved by the Town Council. In addition, the application must be submitted a minimum of sixty (60) days prior to the Town Council meeting at which the application will be reviewed. The applicant shall submit one (1) copy of the complete final plat application package to the Town Clerk and shall request that the application be reviewed by the Planning Commission and Town Council. The final plat application shall include:
a. Land Use Application Form.
b. Application Fee and Fee Agreement. A non-refundable fee is collected to cover the cost of review by the Town Attorney, Town Engineer and any other expert whom the Town may wish to employ; notice and publication expenses; and recording fees. Actual costs may exceed the deposit; in this case, the applicant is liable for costs in excess of the deposit. The Town shall provide applicants with a copy of the most current fee schedule and fee agreement form.
c. Title Commitment. The title commitment must be current and dated no more than thirty (30) days from the date of final plat application submittal.
d. Surrounding and Interested Property Ownership Report. Provide the Town Clerk with a current list (not more than thirty [30] days old) of the names and addresses of the surrounding property owners (within three hundred [300] feet of the property), 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.
e. Final Plat. The final plat drawing shall comply with the following standards:
i. The plat shall be prepared by or under the direct supervision of a registered land surveyor and meet applicable State of Colorado requirements.
ii. Parcels not contiguous shall not be included in one (1) plat, nor shall more than one (1) plat be made on the same sheet. Contiguous parcels owned by different parties may be included on one (1) plat, provided that all owners join in the dedication and acknowledgment.
iii. Lengths shall be shown to the nearest hundredth of a foot and bearings shall be shown in degrees, minutes and seconds.
iv. The perimeter survey description of proposed subdivision shall include at least one (1) tie to an existing section monument of record and a description of monuments. The survey shown shall not have an error greater than one (1) part in ten thousand (10,000).
v. Bearings, distances and curve data of all perimeter boundary lines shall be indicated outside the boundary line, not inside, with the lot dimensions.
vi. All signatures shall be made in black drawing ink.
vii. The final plat shall be twenty‑four (24) inches high by thirty‑six (36) inches wide and shall provide the following information:
a) Title of project.
b) North arrow, scale (not greater than 1"=100') and date of preparation.
c) Vicinity map.
d) Legal description.
e) Basis for establishing bearing.
f) Names and addresses of owners, applicant, designers, engineers and surveyors.
g) Total acreage of subdivision.
h) Bearings, distances, chords, radii, central angles and tangent links for the perimeter and all lots, blocks, rights-of-way and easements.
i) Lot and block numbers, numbered in consecutive order, and square footage of each lot or tract.
j) Excepted parcels from inclusion noted as “not included in this subdivision” and the boundary completely indicated by bearings and distances.
k) Existing and proposed rights-of-way in and adjacent to subject property (labeled and dimensioned).
l) Existing and proposed street names for all streets on and adjacent to the property.
m) Existing and proposed easements and their type in and adjacent to subject property (labeled and dimensioned).
n) Location and description of monuments.
o) Floodplain boundary with a note regarding source of information (if a floodplain does not exist on the property, please state this on the plat).
p) Signature block for certification of approval by the Planning Commission with a signature for the Planning Commission Chair.
q) Signature block for registered land surveyor certifying to accuracy of boundary survey and plat.
r) Signature block for certification of approval by the Town Council with a signature for the Mayor and Town Clerk.
s) Signature blocks for utility providers.
t) Certification of ownership and dedication of streets, rights-of-way, easements and public sites.
g. General Development Information. Provide a written description confirming that the final plat conforms with the preliminary plat. In addition, the description shall address how the proposed development conforms with the Development Standards.
h. Complete Engineering Plans and Specifications.
i. Construction Plans and Profiles. The Plans and Profiles shall be prepared by a registered professional engineer licensed in the State of Colorado, shall be twenty‑four (24) inches high by thirty‑six (36) inches wide and provide the following information:
a) The horizontal to vertical scales shall be chosen to best depict the aspects of the design.
b) Minimum horizontal scale: 1"=100'.
c) Minimum vertical scale: 1"=10'.
d) The typical road geometric and structural cross‑section is to be shown on each plan sheet.
e) The plan must show right‑of‑way lines and widths, road names, lot lines, tangent lengths and bearings, curve radii, delta angles, curve lengths, chord lengths and bearings, stationing at all beginning of curves and end of curves, intersections, structures, angles, curb lines, cross pans, traffic control devices (islands, striping, signs, etc.), drive cuts, curb returns and radii, and all other features to enable construction in accordance with approved standards and standard engineering practice. Construction plans shall also include water, sewer, sanitary sewer and any other utilities such as irrigation ditches. (Note: The developer/owner is responsible for coordinating with the appropriate dry utility companies (i.e. gas, electric, telephone, cable).
f) The profiles shall include ground lines, grade lines of curb and gutter or centerline of street elevation at point of intersection of vertical curves, intersections and other critical points, structures, and all other features required to enable construction in accordance with approved standards.
ii. Structure Details. Sufficient data shall be given to construction of major structures and road appurtenances such as bridges, culverts, gutters, drives, walks, cross pans, etc.; detail shall include orientation line and grade, cross-sections, dimensions, reinforcement schedules, materials, quality specification, etc.
iii. Sewage Collection and Water Supply Distribution Plans, Profiles and Specifications. The plans, profiles and specifications shall be prepared by a registered professional engineer.
iv. Final Drainage Plans and Reports. Based upon the approved preliminary drainage plan, a final report is to be submitted in accordance with applicable storm drainage design criteria as determined at the initial pre-application conference. The plan and report must provide:
a) Cross-sections of each water carrier showing high water elevations for one hundred (100) year run‑off and adjacent features that may be affected thereby.
b) Written approvals, as may be required, from other agencies or parties that may be affected by the drainage proposals (i.e., FEMA, County, ditch companies).
c) Supporting calculations for run‑offs, times of concentration, flow capacity with all assumptions clearly stated with proper jurisdiction when needed or requested.
d) Erosion control plans, when required, to be submitted as a result of preliminary plan review.
v. Final Grading Plan. The final grading plan shall be twenty‑four (24) inches high by thirty‑six (36) inches wide and illustrate existing and proposed contours and lot and block grading details (per FHA requirements if FHA insured).
vi. Soils Reports. The soils reports shall detail special foundation requirements (shall be submitted after overlot grading is complete) and pavement design (may be submitted prior to building permit).
vii. Final Street Lighting Plan. A final street lighting plan shall be prepared in conjunction with electric utility and the Town. The plan must specify the number, kind and approximate location of street lights.
i. Final Landscape Plan.
j. Final Open Space and Ecological Characterization.
k. Special Documents (as Needed)
i. Special improvement district documents (if any).
ii. Maintenance bonds.
iii. Special agreements (as may be required by the Town).
iv. Work in Right-of-Way Permit (from Town).
v. Floodplain Use Permit (from Town).
vi. Grading Permit (from Town).
vii. State Highway Utility Permit (from Colorado Department of Transportation).
viii. State Highway Access Permit (from Colorado Department of Transportation).
ix. Construction Dewatering Permit (from Colorado Department of Public Health and Environment).
x. 404 Permit (from Army Corps of Engineers).
xi. Air Pollution Emission Notice (APEN) (from Colorado Department of Public Health and Environment).
xii. Work in Ditch Right-of-Way Permit (from individual ditch companies).
xiii. Rare Species Occurrence Survey (from U.S. Fish and Wildlife Service).
xiv. Development Agreement for Public Improvements - This agreement assures construction of the required improvements. This document shall be signed by the developer and the Town, the signatures shall be notarized, and the document shall be recorded by the Town Clerk with the Moffat County Clerk and Recorder.
xv. General Warranty Deed - This deed conveys to the Town all public lands other than streets shown on the plat or, in lieu of a deed, a check in an amount to be determined by the Town. Such public lands may also be dedicated to the Town on the final plat.
xvi. Improvements Guarantee - Cash, certified check, or a letter of credit from a bank in Colorado or other acceptable collateral in the amount stipulated to in the Development Agreement for Public Improvements or other agreements or contracts, posted in favor of the Town in an amount sufficient to assure construction of public improvements for either part or all of the plat, as the Town Council shall determine.
xvii. Approved Adjudication of Water Rights and a Plan of Augmentation (if applicable).
xviii. Protective Covenants, Homeowners Association (HOA) Documents, Articles of Incorporation for HOA, and Architectural Design Guidelines finalized and in a form for recording. If there are open space areas to remain in private ownership within the subdivision, the HOA documents must have in place a mechanism which will assure maintenance will be funded in perpetuity.
xix. FEMA approved applications (i.e., Conditional Letter of Map Revisions [CLOMR] or Letter of Map Revisions [LOMR]).
xx. Documentation showing who will own and maintain the open space.
xxi. Documentation for dedication of public sites for open space or other civic purposes.
l. “Clean” Final Plat for Addressing.
i. Title of project.
ii. North arrow, scale (not greater than 1"=100') and date of preparation.
iii. Vicinity map.
iv. Lot and block numbers, numbered in consecutive order.
v. Rights-of-way and street names.
vi. Property boundary.
m. Public Hearing Notification Envelopes. Provide the Town Clerk with two (2) sets of stamped, addressed, certified (return receipt requested) envelopes. The envelopes shall have the Town’s address as the mailing address and return address and the envelopes shall be addressed to the surrounding property owners (within three hundred [300] feet of the property), mineral interest owners of record, mineral and oil and gas lessees for the property, and the appropriate referral agencies (as discussed in pre-application conference).
2. Step 2: Application Certification of Completion. Within a reasonable period to time, Staff shall either certify the application is complete and in compliance with all submittal requirements or reject it as incomplete and notify the applicant of any deficiencies. Applicant shall then correct any deficiencies in the application package, if necessary, and submit the required number of copies of the application to the Town Clerk. The original application and all documents requiring a signature shall be signed in blue ink.
3. Step 3: Refer Application to Parties of Interest. Not less than forty-five (45) days before the date scheduled for the initial Planning Commission public hearing, Staff shall send information about the application by certified mail to: Moffat County, surrounding property owners within three hundred (300) feet, mineral interest owners of record, mineral and oil and gas lessees for the property, and other parties of interest. The referral information shall include the time and place of the public hearing, the nature of the hearing, the location of the subject property, and the applicant’s name.
4. Step 4: Staff Reviews Application and Prepares Comments. Staff will complete a technical review of the final plat based on the Town’s final plat review criteria and referral comments received. Staff will then prepare a report identifying any issues of concern that the applicant will need to address and forward this report to the applicant.
5. Step 5: Applicant Addresses Staff Comments. The applicant shall address all of the Staff comments then submit the following to the Town Clerk:
a. Letter explaining how all of the comments have been addressed; and
b. Revised maps and other documents.
6. Step 6: Final Staff Review and Report to Planning Commission. Staff will complete a final review of the resubmitted materials and then prepare a report to the Planning Commission explaining how the application is or is not consistent with the final plat review criteria.
7. Step 7: Schedule Final Plat Public Hearing and Complete Public Notification Process. The Planning Commission shall schedule a public hearing for the purpose of taking action on the final plat. The Town Clerk shall publish notice in a newspaper of general circulation. The hearing may be held no less than thirty (30) days from the date of advertising.
8. Step 8: Planning Commission Public Hearing and Recommendation. The Planning Commission shall hold a public hearing to review the final plat based on the Town’s final plat review criteria. They shall then make a recommendation to the Town Council to approve, conditionally approve, or deny the final plat application.
9. Step 9: Applicant Addresses Planning Commission Conditions. The applicant shall revise the final plat based on Planning Commission’s conditions of approval and submit it to the Town.
10. Step 10: Notify Parties of Interest. Not less than thirty (30) days before the date scheduled for the initial Town Council public hearing, Staff shall notify: surrounding property owners within three hundred (300) feet, mineral interest owners of record, mineral and oil and gas lessees for the property, and other parties of interest. The referral information shall include the time and place of the public hearing, the nature of the hearing, the location of the subject property, and the applicant’s name.
11. Step 11: Schedule Final Plat Public Hearing and Complete Public Notification Process. The Town Council shall schedule a public hearing for the purpose of taking action on the final plat. The Town Clerk shall publish notice in a newspaper of general circulation. The hearing may be held no less than thirty (30) days from the date of advertising.
12. Step 12: Town Council Public Hearing and Action. The finalized final plat shall be presented to the Town Council for its review and action at a public hearing. The Town Council shall review the final plat based on the final plat review criteria. If approved, the Town Council shall adopt the plat by ordinance and the Town Clerk shall request two (2) original mylars of the final plat ready for the Mayor and Clerk to sign and then record. The Town will provide the finalized Development Agreement for Public Improvements for the applicant to sign.
13. Step 13: Record Final Plat. Two (2) original mylars of the final plat shall be recorded by the Town Clerk in the office of the Moffat County Clerk and Recorder. The recording fee shall be paid by the developer.
14. Step 14: Post Approval Actions. The applicant shall submit the following documentation to the Town Clerk:
a. List of Contractors. List of all contractors that will be performing the improvements.
b. Proof of Insurance. Proof of worker’s comprehensive insurance and liability insurance for each contractor.
c. Open Space Deed Restriction. Areas designated as open space shall be protected by a deed restriction or other appropriate method to ensure that they cannot be subdivided or developed in the future and will remain as open space in perpetuity.
d. Other Certificates, Affidavits, Enforcements or Deductions. As required by the Planning Commission or Town Council.
C. Final Plat Review Criteria. The Town shall use the following criteria to evaluate the applicant’s request:
1. The final plat conforms with the approved preliminary plat and incorporates recommended changes, modifications and conditions attached to the approval of the preliminary plat unless otherwise approved by the Town Council.
2. All applicable technical standards have been met.
14.06.080 Concurrent Sketch Plan/Preliminary Plat.
A. Concurrent Sketch Plan/Preliminary Plat Purpose. The purpose of the concurrent sketch plan/preliminary plat is to provide the Town with an overall master plan for the proposed development in one step.
B. Concurrent Sketch Plan/Preliminary Plat Application Process.
1. Step 1: Pre-Application Conference. A pre-application conference with a representative from the Town is required before the applicant may submit a concurrent sketch plan/preliminary plat application. The purpose of the meeting is to allow the applicant to discuss his/her ideas for developing the property and to give the Town the opportunity to communicate the Town’s vision. Topics to be discussed will include:
a. The applicant’s goals for the property.
b. Town’s vision and expectations.
c. Community Design Principles and Development Standards.
d. The character and quality of development the Town is seeking.
e. Town regulations and standards.
f. The application and review process.
g. Submittal requirements.
h. Schedule.
2. Step 2: Site Visit with Town Representative. At the pre-application conference, the applicant will have an opportunity to schedule a site visit with a Town representative. This will give the applicant and the Town the opportunity to visit the site together to recognize and discuss the site’s opportunities and constraints.
3. Step 3: Planning Commission Visioning Meeting. This is intended to be a collaborative meeting between the Planning Commission and the developer to ensure that all new development is consistent with the community’s goals and that issues are identified early in the development process. Topics that may be addressed in this meeting include:
a. The developer’s goals and vision for the project.
b. How the proposed project is consistent with the Community Design Principles and Development and Subdivision Regulations sections of this Code and the Town Comprehensive Plan.
c. How the proposed development incorporates variety in the type, design and siting of buildings.
d. How the proposed subdivision will be connected to and integrated with surrounding natural and developed areas.
e. How the project will impact neighboring properties (i.e. water drainage, traffic circulation, environmental impacts, view corridors).
f. How the design is cost-effective and environmentally responsive to site features and constraints and how potential impacts to natural systems will be mitigated.
g. How the design capitalizes on natural and cultural assets on and around the site to build a positive and distinctive identity.
h. How the proposal promotes the efficient use of land and public streets, utilities and governmental services.
i. Applicants should bring the following items to the meeting:
i. Context/Vicinity Map – which shows the proposed development in relation to the surrounding area.
ii. Base Map – which shows the site features (such as topography, ditches, drainageways, wildlife habitat, trees and view corridors).
iii. Images (such as photographs, sketches and/or plans) which illustrate the project intention. For example, an applicant might bring pictures of:
a) important architectural elements (such as a porch, vertical windows, mother-in-law units);
b) proposed architectural styles;
c) ideas for landscaping features such as a xeriscape garden entryway;
d) streetscape components which contribute to the project’s character;
e) examples of signs that promote the development’s identity; and
f) anything else that illustrates what the developer is trying to create.
4. Step 4: Concurrent Sketch Plan/Preliminary Plat Application Submittal. The applicant shall submit one (1) complete copy of the sketch plan/preliminary plat application to the Town Clerk and shall request that the application be reviewed by the Planning Commission and Town Council. The application must be submitted a minimum of sixty (60) days prior to the Planning Commission meeting at which the application will be reviewed. The sketch plan/preliminary plat application package shall include the following items:
a. Land Use Application Form.
b. Subdivisions.
c. Application Fee and Fee Agreement. A non-refundable fee is collected to cover the cost of review by the Town Attorney, Town Engineer, Town Planner and any other expert whom the Town may wish to employ; and notice and publication expenses. Actual costs may exceed the deposit; in this case, the applicant is liable for costs in excess of the deposit. The Town shall provide applicants with a copy of the most current fee schedule and fee agreement form.
d. Title Commitment. The title commitment must be current and dated no more than thirty (30) days from the date of sketch plan/preliminary plat application submittal.
e. Surrounding and Interested Property Ownership Report. Provide the Town Clerk with a current list (not more than thirty [30] days old) of the names and addresses of the surrounding property owners (within three hundred [300] feet of the property), 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.
f. Context/Vicinity Map. The context/vicinity map shall show the proposed development in relation to the surrounding area (one and one-half [1½] mile radius around the property). The map shall be twenty-four (24) inches high by thirty-six (36) inches wide and provide the following information:
i. Title of project.
ii. North arrow, scale (not greater than 1" = 1000') and date of preparation.
iii. Boundary of proposed project.
iv. Existing (for developed land) or proposed (for vacant/agricultural land) land uses for the properties shown on the map (i.e. residential, commercial, industrial, park, etc.) - label land use and whether it is existing or proposed.
v. Major streets (show and label street names).
vi. Existing public water and sewer lines and proposed connections.
vii. Major ditches, rivers and bodies of water.
viii. Adjacent properties identified by subdivision name or zoning district.
g. Sketch Plan/Preliminary Plat. The sketch plan/preliminary plat shall be twenty-four (24) inches high by thirty-six (36) inches wide and provide the following information:
i. Title of project.
ii. North arrow, scale (not greater than 1" = 100') and date of preparation.
iii. Vicinity map.
iv. Names and addresses of owners, applicant, designers, engineers and surveyors.
v. Legal description.
vi. Total acreage of property.
vii. Existing contours at two (2) foot intervals (contours shall be based on USGS datum).
viii. Name and location of abutting subdivisions or owners of abutting property (if land is not platted).
ix. Lots, blocks, and street layout with approximate dimensions and square footage for each lot.
x. Consecutive numbering of all lots and blocks.
xi. Existing and proposed rights-of-way and easements on and adjacent to the property.
xii. Existing and proposed street names for all streets on and adjacent to the property.
xiii. Existing and proposed zoning on and adjacent to property.
xiv. Location and size of existing and proposed water and sewer lines and fire hydrants. (Note: Applicant must consult with the appropriate utility service providers regarding the design of all utilities through the subdivision.)
xv. Existing and proposed curb cuts on and adjacent to subject property.
xvi. Location by field survey or aerial photography of existing and proposed water courses and bodies of water such as irrigation ditches and lakes. Water courses shall include direction of flow.
xvii. Floodplain boundary with a note regarding source of information (if a floodplain does not exist on the property, please state this on the plan).
xviii. General location of existing surface improvements such as buildings, fences or other structures which will remain on the property as part of the subdivision.
xix. Location and acreage of sites, if any, to be dedicated for parks, playgrounds, schools or other public uses.
xx. Location, function, ownership and manner of maintenance of any private open space.
xxi. Land use table - the table shall include: land uses; approximate acreage of each land use; and percentage of each land use.
xxii. Total number of lots.
xxiii. Number of each type of dwelling unit proposed.
h. General Development Information. Provide a written description of the existing conditions on the site and the proposed development. Include the following items in the description:
i. Design rationale (discuss how development is connected to/integrated with surrounding area, how it responds to site features/constraints and how it is consistent with the Town’s Comprehensive Plan;
ii. Price ranges of lots and dwelling units;
iii. Water supply information including: the number of water taps needed; the amount of raw water that will be turned over to the Town;
iv. Statement indicating whether or not any commercial mineral deposits are located on the site;
v. Description of any floodplain hazards on the site (only if additional information is needed than what is shown on the sketch plan/preliminary plat map); and
i. Preliminary Grading and Drainage Plan and Report. This plan and report must be certified by a registered professional engineer, including storm drainage concepts such as locations for on-site retention or downstream structural improvements and soil erosion and sedimentation control plans and specifications. It must also discuss the impacts on and to any existing floodways on and adjacent to the site as well as any FEMA applications required.
j. Master Utility Plan. This plan shall be prepared by a registered professional engineer. It is necessary that the engineer consult with the appropriate utility service providers regarding the design of all utilities through the subdivision.
k. Preliminary Landscape Plan.
l. Preliminary Open Space Plan.
m. Traffic Study. This study must be prepared by a professional traffic engineer.
n. Draft of Proposed Covenants and Architectural Design Guidelines.
o. Mineral, Oil and Gas Rights Documentation. Evidence that the surface owner has contacted all lessees of mineral, oil and gas rights associated with the site and is working towards resolution. Included in the evidence must be the name of the current contact person, their phone number, and mailing address.
p. Soils Report and Map. The report and map shall be based on USDA Soils Conservation Service information and discuss the existing conditions and any potential constraints/hazards. The report shall also address groundwater issues.
q. Geologic Report. This report is required only for areas that have the potential for subsidence. It must be prepared by either a registered professional engineer or professional geologist - the professional must have experience in mine subsidence. The report shall address site conditions; geologic conditions; engineering and geologic considerations; and limitations and any necessary additional investigations.
r. Colorado Historical Society Records Search. At the discretion of the Town Staff or Town Council, an applicant may need to provide the Town with a Colorado Historical Society records listing historically or archaeologically significant findings on the property being subdivided. If a listing shows a significant finding, a site-specific historic survey is required. The survey shall provide the following information:
i. Site identification:
a) State site number;
b) Site address;
c) Site location/access;
d) Type and description of finding (what is historic); and
e) Owner’s name and address.
ii. Eligibility assessment for historic designation.
iii. Statement of significance.
iv. Management and administrative data:
a) References;
b) Photographs of the site;
c) Maps of the site;
d) Name, address, phone number and qualifications of person completing survey; and
e) Date of completion of survey.
If, in coordination with the applicant, the Town Council decides to protect an historic resource, a protection plan must be devised.
s. Public Hearing Notification Envelopes. Provide the Town Clerk with one (1) set of stamped, addressed, certified (return receipt requested) envelopes. The envelopes shall have the Town’s address as the mailing address and return address and the envelopes shall be addressed to the surrounding property owners (within three hundred [300] feet of the property), mineral interest owners of record, oil and gas lessees for the property, and the appropriate referral agencies.
5. Step 5: Application Certification of Completion. Within a reasonable period to time, Staff shall either certify the application is complete and in compliance with all submittal requirements or reject it as incomplete and notify the applicant of any deficiencies. Applicant shall then correct any deficiencies in the application package, if necessary, and submit the required number of copies of the application to the Town Clerk. The original application and all documents requiring a signature shall be signed in blue ink.
6. Step 6: Refer Application to Parties of Interest. Not less than thirty (30) days before the date scheduled for public hearing or Staff decision, Staff shall send information about the application by certified mail to: Moffat County, surrounding property owners within three hundred (300) feet, mineral interest owners of record, mineral and oil and gas lessees for the property, and other parties of interest. The referral information shall include the time and place of the public hearing, the nature of the hearing, the location of the subject property, and the applicant’s name.
7. Step 7: Letters of Support and Commitment to Serve. Within thirty (30) days from the date the application is deemed complete, the applicant shall provide the Town with letters of support and commitment to serve from all agencies identified at the pre-application conference.
8. Step 8: Staff Review of Application and Prepares Comments. Staff will complete a review of the sketch plan/preliminary plat based on the sketch plan/preliminary plat review criteria and referral comments received. Staff will then prepare a report identifying any issues of concern for the applicant to address and forward this report to the applicant.
9. Step 9: Applicant Addresses Staff Comments. The applicant shall submit the following to the Town Clerk:
a. Letter explaining how all of the comments have been addressed; and
b. Revised maps and other documents.
10. Step 10: Final Staff Review and Report to Planning Commission. Staff will complete a final review of the resubmitted materials and then prepare a report to the Planning Commission explaining how the application is or is not consistent with the sketch plan/preliminary plat review criteria.
11. Step 11: Schedule Concurrent Sketch Plan/Preliminary Plat Public Hearing and Complete Public Notification Process. The Planning Commission shall schedule a public hearing for the purpose of taking action on the sketch plan/preliminary plat. The Town Clerk shall publish notice in a newspaper of general circulation. The hearing may be held no less than thirty (30) days from the date of advertising.
12. Step 12: Planning Commission Public Hearing and Recommendation. The Planning Commission shall hold a public hearing to review the application based on the sketch plan/preliminary plat review criteria. The Planning Commission shall then make a recommendation to the Town Council to approve, conditionally approve, or deny the application.
13. Step 13: Applicant Addresses Planning Commission Conditions. The applicant shall revise the sketch plan/preliminary plat based on the Planning Commission’s conditions of approval and submit it to the Town.
14. Step 14: Town Council Action. The sketch plan/preliminary plat shall be presented to the Town Council for its review and action. The Town Council may approve, conditionally approve or deny the preliminary plat based on the preliminary plat review criteria. Approval and conditional approval of a sketch plan/preliminary plat shall be effective for one (1) year unless otherwise approved by the Town Council. If the plat is denied, the request or one that is substantially similar may not be heard by the Planning Commission for a period of one (1) year from the date of denial unless otherwise approved by the Planning Commission. If a final plat is not submitted within said time limit or an extension has not been granted, a preliminary plat must again be submitted before action may be taken on a final plat.
C. Concurrent Sketch Plan/Preliminary Plat Review Criteria. The Town shall use the following criteria to evaluate the applicant’s concurrent sketch plan/preliminary plat application:
1. The land use mix within the project conforms to Town’s Zone District Map and furthers the goals and policies of the Town Comprehensive Plan including:
a. The proposed development promotes Town’s small town rural character;
b. Proposed residential development adds diversity to Town’s housing supply;
c. Proposed commercial development will benefit Town’s economic base;
d. Parks and open space are incorporated into the site design;
e. The proposed project protects Town’s environmental quality; and
2. The sketch plan/preliminary plat represents a functional system of land use and is consistent with the rationale and criteria set forth in this Code and Town Comprehensive Plan.
3. The utility and transportation design is adequate, given existing and planned capacities of those systems.
4. Negative impacts on adjacent land uses have been identified and satisfactorily mitigated.
5. There is a need or desirability within the community for the applicant’s development and the development will help achieve a balance of land use and/or housing types within Town, according to Town’s goals.
<strong> </strong><strong>14.06.090 Minor Subdivision Plat.</strong>
A. Purpose.
1. The purpose of the minor subdivision plat is to complete the subdivision of land consistent with the technical standards when the following conditions exist:
a. The property has previously been platted within the Town;
b. There is no public right-of-way dedication;
c. The entire tract to be subdivided is ten (10) acres or less in size;
d. The resulting subdivision will produce ten (10) or fewer lots; and
e. There will be no exceptions to the Subdivision Design Standards.
B. Application Process.
1. Step 1: Pre-Application Conference. A pre-application conference with a representative from the Town is required before the applicant may submit a minor subdivision plat application. Topics to be discussed will include:
a. Town regulations and standards.
b. The application and review process.
c. Submittal requirements.
d. Schedule.
2. Step 2: Minor Subdivision Plat Application Submittal. The applicant shall submit one (1) copy of the complete minor subdivision plat application package to the Town Clerk and shall request that the application be reviewed by the Planning Commission and Town Council. The minor subdivision plat application shall include:
a. Land Use Application Form.
b. Application Fee and Fee Agreement. A non-refundable fee is collected to cover the cost of review by the Town Attorney, Town Engineer, Town Planner and any other expert whom the Town may wish to employ; and recording fees. Actual costs may exceed the deposit; in this case, the applicant is liable for costs in excess of the deposit. The Town shall provide applicants with a copy of the most current fee schedule and fee agreement form.
c. Title Commitment. The title commitment must be current and dated no more than thirty (30) days from the date of minor subdivision plat application submittal.
d. Minor Subdivision Plat. The minor subdivision plat drawing shall comply with the following standards:
i. The plat shall be prepared by or under the direct supervision of a registered land surveyor and meet applicable State of Colorado requirements.
ii. Parcels not contiguous shall not be included in one (1) plat, nor shall more than one (1) plat be made on the same sheet. Contiguous parcels owned by different parties may be included on one (1) plat, provided that all owners join in the dedication and acknowledgment.
iii. Lengths shall be shown to the nearest hundredth of a foot and bearings shall be shown in degrees, minutes and seconds.
iv. The perimeter survey description of proposed subdivision shall include at least one (1) tie to an existing section monument of record and a description of monuments. The survey shown shall not have an error greater than one (1) part in ten thousand (10,000).
v. Bearings, distances and curve data of all perimeter boundary lines shall be indicated outside the boundary line, not inside, with the lot dimensions.
vi. All signatures shall be made in black drawing ink.
vii. The minor subdivision plat shall be twenty‑four (24) inches high by thirty‑six (36) inches wide and shall provide the following information:
a) Title of project.
b) North arrow, scale (not greater than 1"=100') and date of preparation.
c) Vicinity map.
d) Legal description.
e) Basis for establishing bearing.
f) Names and addresses of owners, applicant, designers, engineers and surveyors.
g) Total acreage of subdivision.
h) Bearings, distances, chords, radii, central angles and tangent links for the perimeter and all lots, blocks, rights-of-way and easements.
i) Lot and block numbers, numbered in consecutive order, and square footage of each lot or tract.
j) Excepted parcels from inclusion noted as “not included in this subdivision” and the boundary completely indicated by bearings and distances.
k) Existing rights-of-way in and adjacent to subject property (labeled and dimensioned).
l) Existing and proposed street names for all streets on and adjacent to the property.
m) Existing easements and their type in and adjacent to subject property (labeled and dimensioned).
n) Location and description of monuments.
o) Floodplain boundary with a note regarding source of information (if a floodplain does not exist on the property, please state this on the plat).
p) Certificates blocks for signatures of owner, surveyor, utility providers, and Town approval, as applicable.
e. General Development Information. Provide a written description addressing how the proposed development conforms with the Town Land Use Code and the Town Comprehensive Plan.
f. Surrounding and Interested Property Ownership Report. Provide the Town Clerk with a current list (not more than thirty [30] days old) of the names and addresses of the surrounding property owners (within three hundred [300] feet of the property), 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.
3. Step 3: Application Certification of Completion. Within a reasonable period to time, Staff shall either certify the application is complete and in compliance with all submittal requirements or reject it as incomplete and notify the applicant of any deficiencies. Applicant shall then correct any deficiencies in the application package, if necessary, and submit the required number of copies of the application (as specified in the Minor Subdivision Plat Technical Criteria form) to the Town Clerk. The original application and all documents requiring a signature shall be signed in blue ink.
4. Step 4: Refer Application to Parties of Interest. Not less than forty-five (45) days before the date scheduled for public hearing or Staff decision, Staff shall send information about the application by certified mail to: Moffat County, surrounding property owners within three hundred (300) feet, mineral interest owners of record, mineral and oil and gas lessees for the property, and other parties of interest. The referral information shall include the time and place of the public hearing, the nature of the hearing, the location of the subject property, and the applicant’s name.
5. Step 5: Letters of Support and Commitment to Serve. Within thirty (30) days from the date the application is deemed complete, the applicant shall provide the Town with letters of support and commitment to serve from all agencies identified at the pre-application conference.
6. Step 6: Staff Reviews Application and Prepares Comments. Staff will complete a review of the minor subdivision plat based on the Town’s minor subdivision plat review criteria. Staff will then prepare a report identifying any issues of concern that the applicant shall address and forward it to the applicant.
7. Step 7: Applicant Addresses Staff Comments.
a. The applicant shall address the Staff’s comments then submit the following to the Town Clerk:
i. Letter explaining how all of the comments have been addressed; and
ii. Revised maps and other documents.
8. Step 8: Schedule Minor Subdivision Public Hearing and Complete Public Notification Process. The Planning Commission shall schedule a public hearing for the purpose of taking action on the minor subdivision. The Town Clerk shall publish notice in a newspaper of general circulation. The hearing may be held no less than thirty (30) days from the date of advertising.
9. Step 9: Planning Commission Public Hearing and Recommendation. The Planning Commission shall hold a public hearing to review the application based on the minor subdivision review criteria. The Planning Commission shall then make a recommendation to the Town Council to approve, conditionally approve, or deny the application.
10. Step 10: Applicant Addresses Planning Commission Conditions. The applicant shall revise the minor subdivision plat based on the Planning Commission’s conditions of approval and submit it to the Town.
11. Step 11: Town Council Action. The minor subdivision plat shall be presented to the Town Council for its review and action. The Town Council may approve, conditionally approve or deny the minor subdivision based on the minor subdivision review criteria. If approved, the Town Council shall adopt the minor subdivision plat by ordinance and the Town Clerk shall request two (2) original mylars of the plat ready for the Mayor and Town Clerk to sign and then record. All final decisions of the Town Council approving, approving subject to conditions, or denying an application shall be subject to review by the District Court in Moffat County. Any applicant or other interested party may appeal such decisions in the manner provided by rules relating to civil proceedings before the District Court.
12. Step 12: Record Minor Subdivision Plat. One (1) original mylar of the minor subdivision plat shall be recorded by the Town Clerk in the office of the Moffat County Clerk and Recorder. The recording fee shall be paid by the developer.
C. Minor Subdivision Plat Review Criteria. The Town shall use the following criteria to evaluate the applicant’s request:
1. The minor subdivision plat is in compliance with the Town Land Use Code and the Town Comprehensive Plan.
<strong> </strong><strong>14.06.100 Plot Plan.</strong>
A. Purpose. The plot plan is needed in order to apply for a building permit for any building or structure constructed on a single-family home or duplex lot. The plot plan shows where the proposed building or structure will be located on the lot so that the Town can make sure that the proposed location will be in compliance with all Town regulations.
B. Process.
1. Step 1: Submit Plot Plan Application Package.
a. Land Use Application Form.
b. Application Fee and Fee Agreement.
c. Plot Plan Map - The plot plan map shall be a minimum of eight and one-half (8½) inches by eleven (11) inches and shall provide the following information:
i. Title of project.
ii. North arrow, scale (1"=20' or as approved by the Town) and date of preparation.
iii. Name, address and phone number of property owner.
iv. Lot number, block number and name of subdivision.
v. Lot size (square footage).
vi. Bearings and distances of all lot lines.
vii. Existing easements on the lot.
viii. Footprint of the proposed building or structure, dimensioned.
ix. Square footage of the proposed building and the footprint of the proposed building.
x. Distance from the proposed building or structure to all lot lines.
xi. All existing buildings or structures on the lot.
xii. Driveway.
xiii. Existing and/or proposed water and sewer service lines on the lot.
xiv. Elevations of:
a) The finished floor for the house and garage.
b) The ground ten (10) feet away from the house and garage.
c) The lot corners.
xv. Height of all proposed buildings.
xvi. Street trees (right-of-way landscaping)(if any).
d. Drainage Information - Provide the Town with information regarding how the lot will drain, if requested by the Town Clerk or Town Council.
2. Step 2: Staff Reviews Plot Plan Application and Prepares Comments. Staff will review the plot plan map to make sure is it consistent with the plot plan review criteria. Following the review, Staff will prepare a written report outlining any changes that must be made to the plot plan before it can be approved.
3. Step 3: Applicant Addresses Staff Comments. Applicant makes all necessary changes to the plot plan and resubmits a revised copy to the Town.
4. Step 4: Plot Plan Approval. Staff completes final review of plot plan to ensure that the Plan is complete. If the Plan is determined completed, it is approved by Staff.
C. Review Criteria. The plot plan must meet the following review criteria:
1. All of the information needed on a plot plan is shown.
2. The lot size and lot dimensions are consistent with what is shown on the approved final plat.
3. No buildings or structures infringe on any easements.
4. The proposed site grading is consistent with FHA standards (if insured by FHA) otherwise it shall meet the Town’s approval.
5. The density and dimensions shown conform with the Town Zoning Code Density and Dimensional Standards or the approved PUD requirements.
<strong> </strong><strong>14.06.110 Site Plan.</strong>
A. Purpose. The site plan is needed in order to apply for a building permit for all multi-family, commercial, and industrial developments. The site plan shows how the lot will be developed so that the Town can make sure that the site design will be in compliance with all Town regulations.
B. Process.
1. Step 1: Submit Site Plan Application.
a. Land Use Application Form.
b. Application Fee and Fee Agreement.
c. Site Plan Map - The site plan map shall be a minimum of eighteen (18) inches by twenty-four (24) inches and shall provide the following information:
i. Title of project.
ii. North arrow, scale (no greater than 1"=50') and date of preparation.
iii. Vicinity map.
iv. Address of project.
v. Legal description of property.
vi. Name, address and phone number of property owner.
vii. Name, address and phone number of person or firm responsible for plan.
viii. Lot size (square footage).
ix. Bearings and distances of all lot lines.
x. Existing and proposed easements and rights-of-way.
xi. Existing and proposed paved areas and sidewalks on the site and in the adjacent rights-of-way, all dimensioned, showing how pedestrians will have access to the site and buildings.
xii. Gathering areas for people (if any).
xiii. Existing and proposed curb cuts on the site and in the adjacent rights-of-way (on both sides of perimeter streets), all dimensioned.
xiv. Existing and proposed two (2) -foot contours.
xv. Existing waterways on or adjacent to the site.
xvi. Finished floor elevations for all structures.
xvii. Footprint (including roof overhangs and eaves, decks, balconies, outside stairs and landings) of all proposed structures and their use with their dimensions and locations noted with respect to the property lines.
xviii. Existing structures and their use.
xix. Square footage of proposed building(s) and the footprint of the proposed building(s).
xx. Proposed structure height.
xxi. For commercial and industrial uses, the type of activity and number of employees.
xxii. For multi-family residential, the number of: residential units and bedrooms per unit.
xxiii. Location of proposed signs and lights.
xxiv. Specifications for the signs and lights, including type, height and general conformance to the Code. For commercial and industrial uses, a photometric plan prepared by a qualified electrical or lighting engineer shall be submitted that depicts all lighting fixtures and the light spread (in footcandles) of these fixtures across the site to all property boundaries.
xxv. Proposed traffic controls and striping for parking areas (all lanes, driveways, and parking spaces must be dimensioned).
xxvi. Trash disposal areas and enclosures including specifications for enclosures.
xxvii. Location and size of existing and proposed water and sewer service connections and tap sizes (including those for irrigation systems).
xxviii. Location and size of water and sewer lines to which the service connections will be or are made.
xxix. Location and size of water meter(s).
xxx. Location and size of backflow-prevention devices.
xxxi. Indication of how and where perimeter drain will drain (if one exists).
xxxii. Location of existing electrical lines and poles on or adjacent to the site.
xxxiii. Location of proposed electrical service connection and meter location.
xxxiv. Location of electric transformer.
xxxv. Location of all fire hydrants. If none exist on site, note distance and direction of the closest hydrant adjacent to the site within 500 feet.
xxxvi. Location of detention/retention areas and storm sewer infrastructure with the required drainage easements.
xxxvii. The distance from the proposed building(s) or structure(s) to adjacent lot lines, easements, and adjacent structures.
xxxviii. A land use chart (table).
xxxix. Certificate blocks for signatures of owner, surveyor, utility providers, and Town approval, as applicable.
d. Certified Drainage Report - A certified drainage report, including an erosion control study and plan, as applicable.
e. Final Landscape Plan.
f. Final Open Space and Ecological Characterization Plan.
g. Exterior Elevations of Proposed Structures/Graphic Visual Aids. Provide complete building elevations, drawn to scale, with illustrations of all colors and identifying major materials to be used in the structure(s). In addition, the Staff may require building floor plans, sectional drawings, perspective drawings, models, and/or computer visualizations when the impacts of a proposal warrant such information.
2. Step 2: Application Certification of Completion. Within a reasonable period to time, Staff shall either certify the application is complete and in compliance with all submittal requirements or reject it as incomplete and notify the applicant of any deficiencies. Applicant shall then correct any deficiencies in the application package, if necessary, and submit the required number of copies of the application to the Town Clerk. The original application and all documents requiring a signature shall be signed in blue ink.
3. Step 3: Staff Refers Application to Other Agencies. Staff may refer the site plan materials to other agencies and service providers for comments. The referral period shall be fifteen (15) days, but such period may be reduced or extended by Staff. Staff shall notify the applicant of any adjustment to the referral period.
4. Step 4: Site Plan Letters of Support. Within thirty (30) working days of receipt of the site plan, the applicant shall provide the Town with letters of support from all utility providers that will be serving the property.
5. Step 5: Staff Reviews Application and Prepares Comments. Staff will review the site plan map to ensure it is consistent with the site plan review criteria. Staff may consider comments received during the referral period in its review of the site plan. Following the review, Staff will prepare a written report outlining any changes that the applicant must make before the site plan can be approved. This report will be forwarded to the applicant.
6. Step 6: Applicant Addresses Staff Comments. Applicant makes all necessary changes to the site plan and resubmits a revised copy to the Town.
7. Step 7: Site Plan Agreement. Staff may require that the applicant execute a site plan agreement to assure the construction of on-site and off-site improvements as a condition of approval of the site plan. Guarantees in the site plan agreement may be secured by an irrevocable letter of credit, or by cash deposited in an escrow account in an amount determined appropriate by Staff.
8. Step 8: Planning Commission Review and Action. The site plan shall be presented to the Planning Commission for its review and action at the Commission’s next available regularly scheduled meeting. The Planning Commission may approve, conditionally approve or deny the site plan based on the site plan review criteria. Any action taken by the Planning Commission shall become final unless appealed. If the site plan is denied, the request or one that is substantially the same may not be heard by the Planning Commission for a period of one (1) year from the date of denial unless otherwise approved by the Town Council. Any aggrieved party, who wishes to appeal the action shall file a written appeal stating the reasons why the Planning Commission action is incorrect. The applicant shall file the appeal with the Town Clerk within seven (7) days of the meeting at which such action was taken.
9. Step 9: Town Council Consideration of Appeals. The Town Council shall consider any appeal within forty-five (45) days of the close of the appeal period, except an appeal associated with a concurrent development application requiring Council review or approval, which the Council shall consider with final action on the concurrent development application. The Council shall apply the site plan review criteria to either uphold, modify or reverse the Planning Commission’s decision.
10. Step 10: Submit and Record Site Plan. Upon approval by the Planning Commission or by the Town Council, the applicant shall have thirty (30) days to submit two (2) original mylar drawings of the approved site plan to the Town Clerk for recording, accompanied by the recording fees and all other costs billed by the Town relative to the site plan. Inaccurate, incomplete or poorly drawn plans shall be rejected. Within thirty (30) days of receipt of the site plan, the Town Clerk shall submit the approved site plan to the Moffat County Clerk and Recorder’s Office for recording.
11. Step 11: Post Approval Actions.
a. Building Permit. A building permit shall be issued only when a site plan has been approved. However, with the approval of the Town Clerk, an applicant may submit a building permit application concurrent with the site plan application. Building permits shall not be issued for any development that is not in conformance with the approved site plan.
b. Certificate of Occupancy. When building construction and site development are completed in accordance with the approved site plan and building permit(s), a Certificate of Occupancy may be issued.
c. Phasing and Expiration of Approval. The site plan shall be effective for a period of three (3) years from the date of approval, unless stated otherwise in the written site plan approval. Building permits shall not be issued based on site plans that have an approval date more than three (3) years old. For multi-phased plans, building permits shall not be issued based on an approval date more than three (3) years from the date of Phase I approval.
C. Review Criteria. The site plan must meet the following review criteria:
1. All of the information required on a site plan is shown.
2. The lot size and lot dimensions are consistent with what is shown on the approved final plat.
3. No buildings or structures infringe on any easements.
4. The proposed site grading is consistent with the requirements of the Town.
5. The density and dimensions shown conform with the Town Zoning Code Density and Dimensional Standards or the approved PUD requirements.
D. Amendments to Approved Site Plans.
1. Minor variations in the location of structures, improvements, or open space areas caused by engineering or other unforeseen difficulties may be reviewed and approved by the Town Staff. Such changes shall not exceed ten (10) percent of any measurable standard or modify the use, character, or density of an approved site plan. All plans so modified shall be revised to show the authorized changes and shall become a part of the permanent records of the Town.
2. Changes to approved site plans that exceed the ten (10) percent threshold, or other major modifications (such as changes in building size or footprint, relocation of access points, changes to required parking, etc.), shall be considered as a new site plan application. Such amendments shall require Planning Commission review and approval to become effective. A complete site plan application shall be prepared and submitted in compliance with the requirements set forth in this Section.
<strong> </strong><strong>14.06.120 Amendments to Recorded Plats.</strong>
A. Amendments to Recorded Plat Process.
1. Minor amendments which are filed with the Moffat County Clerk and Recorder to correct minor survey or drafting errors on a recorded plat shall be prepared in the form of an affidavit or, where deemed necessary for clarity, a revised plat certified by a land surveyor licensed with the State of Colorado. All affidavits or corrected plats shall be reviewed and may be approved by the Town Staff. Notice of the minor amendment shall be given to the Town Council.
2. Amendments to a recorded plat which do not increase the number of lots or relocate or add roads or do not create more than ten (10) total lots shall be submitted as a minor subdivision plat. The minor subdivision plat shall be prepared and submitted in compliance with the minor subdivision plat requirements of this Chapter (Section 14.06.090).
<strong>14.06.130 Resubdivision.</strong>
The resubdivision of any lots, tracts or parcels, or the relocation or addition of streets within a subdivision, shall be considered a resubdivision (also known as a “replat”) and shall be prepared and submitted in compliance with the requirements for subdivision as set forth in this Chapter. In the event that any dedicated streets are relocated as a result of a resubdivision, it is necessary for the Town to first vacate those existing streets, with said vacation to be effective prior to the approval of the final plat. Vacation of right-of-way shall conform to the requirements of State law. Certain sketch plan, preliminary plat and final plat requirements may be waived at the discretion of the Town Council.
<strong> 14.06.140 Vacation of Right-of-Way/Easement.</strong>
A. Vacation of Right-of-Way/Easement Purpose. The vacation of right-of-way or easement application process is used to vacate unnecessary easements and rights-of-way. The vacation of right-of-way or easement shall be in accordance with Part 3 of Title 43, C.R.S.
B. Vacation of Right-of-Way/Easement Application Process.
1. Step 1. Pre-Application Conference. A pre-application conference with a representative from the Town is required before the applicant may submit a vacation of right-of-way/easement application. Topics to be discussed will include:
a. Town regulations and standards.
b. The application and review process.
c. Submittal requirements.
d. Schedule.
2. Step 2: Vacation of Right-of-Way/Easement Application Submittal. The applicant shall submit one (1) complete copy of the vacation of right-of-way/easement application package to the Town Clerk and shall request that the application be reviewed by the Town Council. The application must be submitted a minimum of sixty (60) days prior to the Town Council meeting at which the application will be reviewed. The vacation of right-of-way/easement application shall include:
a. Land Use Application Form.
b. Application Fee and Fee Agreement - A non-refundable fee is collected to cover the cost of review by the Town Attorney, Town Engineer, Town Planner and any other expert whom the Town may wish to employ; and recording fees. Actual costs may exceed the deposit; in this case, the applicant is liable for costs in excess of the deposit. The Town shall provide applicants with a copy of the most current fee schedule and fee agreement form.
c. Petition for Vacation of Right-of-Way/Easement.
d. Title Commitment - The title commitment must be current and dated no more than thirty (30) days from the date of vacation of right-of-way/easement submittal.
e. Surrounding and Interested Property Ownership Report - For vacation of right-of-way applications (NOT vacation of easement applications), provide the Town Clerk with a current (not more than thirty [30] days old) list of the names and addresses of the surrounding property owners (within three hundred [300] feet of the property), mineral interest owners of record and oil and gas lessees for the property. The applicant shall certify that the report is complete and accurate.
f. Vacation of Right-of-Way/Easement Map - The vacation of right-of-way/easement map shall be a minimum of eight and one-half (8½) inches by eleven (11) inches and provide the following information:
i. Title of map.
ii. North arrow, scale (whatever is appropriate) and date of preparation.
iii. Vicinity map.
iv. Legal description of right-of-way/easement to be vacated.
v. Graphic representation of property to be vacated.
vi. Acreage of property to be vacated.
vii. Names and boundaries of adjacent subdivisions and streets.
viii. Lot and block numbers of adjacent lots and blocks.
ix. Existing and proposed rights-of-way in and adjacent to subject property.
x. Existing and proposed utility easements in and adjacent to subject property.
xi. Existing and proposed utility lines and/or facilities in and adjacent to subject property.
xii. Type and location of existing structures and paved areas on the subject property.
g. Vacation of Right-of-Way/Easement Review Criteria Statement - Provide a written description of how the vacation request addresses the four vacation of right-of-way/easement review criteria.
3. Step 3: Certification of Completion. Within a reasonable period to time, Staff shall either certify the application is complete and in compliance with all submittal requirements or reject it as incomplete and notify the applicant of any deficiencies. Applicant shall then correct any deficiencies in the application package, if necessary, and submit the required number of copies of the application (as specified in the Vacation of Right-of-Way or Easement Technical Criteria form) to the Town Clerk. The original application and all documents requiring a signature shall be signed in blue ink.
4. Step 4: Letters of Support from Utility Providers and Other Affected Agencies. Within thirty (30) days from the date the application is deemed complete, the applicant shall provide to the Town letters from all utility providers or other agencies, affected by the vacation, expressing their support of the vacation request.
5. Step 5: Staff Reviews Application and Prepares Comments. Staff will complete a review of the vacation of right-of-way/easement based on the vacation of right-of-way/easement review criteria. Staff will then prepare a report identifying any issues of concern that the applicant will need to address and forwards it to the applicant.
6. Step 6: Applicant Addresses to Staff Comments. The applicant shall address Town Staff’s comments then submit the following to the Town Clerk:
a. Letter explaining how all of the comments have been addressed; and
b. Revised maps and other documents.
7. Step 7: Final Staff Review and Report to the Town Council. Staff shall complete a final review of the resubmitted materials and prepare a report to the Town Council explaining how the application is or is not consistent with the vacation of right-of-way/easement review criteria.
8. Step 8: Town Council Action. The Town Council may approve, conditionally approve or deny the vacation of right-of-way ordinance based on the vacation of right-of-way/easement review criteria. The Town Council may approve, conditionally approve or deny the vacation of easement ordinance based on the vacation of right-of-way/easement review criteria. All approved ordinances must be recorded with the Moffat County Clerk and Recorder. If the ordinance is conditionally approved, all conditions of approval must be satisfied by the applicant and certified by the Town Clerk within a time specified by the Town Council before the ordinance can be recorded.
C. Vacation of Right-of-Way/Easement Review Criteria.
1. The right-of-way or easement being vacated is not needed in the short or long term.
2. If necessary, the right-of-way or easement will be replaced. To replace the right-of-way or easement, the vacation application shall be accompanied by a development application which proposes a new right-of-way or easement.
3. If applicable, the applicant is relocating all public facilities or utilities within the right-of-way or easement.
4. The public and surrounding properties and utility providers will not be negatively impacted by the vacation.
D. Vesting of Title Upon Vacation. Upon vacation of a right of way, title to such right of way shall vest in the manner described in Section 43-2-302, C.R.S.
14.06.150 Subdivision Improvements and Development Agreements.
A. Agreements and Improvements. A Development Agreement for Public Improvements stating the developer agrees to construct any required public improvements shown in the final plat documents together with collateral which is sufficient, in the judgment of the Town Council, to make reasonable provision for the completion of said improvements in accordance with design and time specifications will be required. No subdivision plat shall be signed by the Town or recorded at the office of the Moffat County Clerk, and no building permit shall be issued for development until a Development Agreement between the Town and the developer has been executed. Such agreement shall include a list of all agreed-upon improvements, an estimate of the cost of such improvements, the form of guarantee for the improvements, and any other provisions or conditions deemed necessary by the Town Council to ensure that all improvements will be completed in a timely, quality and cost-effective manner.
A Development Agreement shall run with and be a burden upon the land described in the agreement.
B. Other agreements or contracts setting forth the plan, method and parties responsible for the construction of any required public improvements shown in the final plat documents may also be required.
C. As improvements are completed, the subdivider shall apply to the Town Council for inspection of improvements. Upon inspection and approval, the Town Council shall notify the subdivider that there is a two (2) year guarantee period before release of all funds. If the Town Council or respective special district determines that any of the required improvements are not constructed in compliance with specifications, it shall furnish the subdivider a list of specific deficiencies and shall be entitled to withhold collateral sufficient to ensure such compliance. If the Town Council determines that the subdivider will not construct any or all of the improvements or remedy the deficiencies in accordance with all the specifications, the Town Council may withdraw and employ from the deposit of collateral such funds as may be necessary to construct the improvements or remedy deficiencies in accordance with the specifications.
D. The following improvements shall be constructed unless waived by the Town Council:
1. Road grading and surfacing.
2. Curbs.
3. Street lights.
4. Sidewalks.
5. Sanitary sewer collection system.
6. Storm sewers or storm drainage system, as required.
7. Potable water distribution including fire hydrants.
8. Utility distribution system for public parks and open space.
9. Street signs at all street intersections.
10. Permanent reference monuments and monument boxes.
11. Underground telephone, communication, electricity and gas lines.
12. Berm or fence along major arterial and collector streets.
13. Required landscaping.
14. Street trees (if required).
15. Underdrains.
16. Required floodway improvements.
17. Required irrigation ditch improvements.
E. Time for Completion. The required time for the completion of all required improvements shall be two (2) years from the recording date of the final map or plat. However, the Town Council may extend such time for completion upon request from the subdivider. Upon completion of such improvements within the required time and approval thereof by the Town Council, the Town shall cause the cash or letter of credit to be released within thirty (30) days of the Town’s acceptance of such improvements and receipt of the required as-built drawings. When such improvements are not completed within the required time, the Town may cause the proceeds of the cash or letter of credit to be used to complete the required improvements.
F. Warranty. All workmanship and materials for all required improvements shall be warranted by the subdivider for a period of two (2) years from the date of the Town’s acceptance of the required improvement; provided that any defects which are the result of public abuse, misuse or acts of God are not the responsibility of said subdivider. For perimeter fences that abut collector and arterial streets, the warranty period shall be two (2) years. The total amount of the guarantee shall be calculated as ten (10) percent of the total actual cost including labor and materials of all public improvements constructed. The Town shall not release the improvement guarantee until the Town has granted final acceptance of the improvements. In the event that any other provision of this Code or specifications adopted pursuant thereto requires a warranty of workmanship or materials for a different period of time, that provision requiring the longer period shall govern. The inspection or acceptance of any required improvement by the Town shall not relieve the subdivider of his or her warranty of workmanship and materials.
</dd>
<dt>14.07 Parking Regulations &amp; Dimensional Parking Requirements</dt>
<dd>
<strong>14.07.010 Intent.</strong>
<strong>14.07.020 General Provisions.</strong>
<strong>14.07.030 Paved Off-Street Parking Requirements.</strong>
<strong>14.07.040 Location of Spaces.</strong>
<strong>14.07.050 Handicap Parking Spaces.</strong>
<strong>14.07.060 Handicap Parking Space Dimensions.</strong>
<strong>14.07.070 Parking Stall Dimensions.</strong>
<strong>14.07.080 Bicycle Parking Spaces.</strong>
<strong>14.07.090 Parking Restrictions for Excess Weight Vehicles and Recreational Vehicles.</strong>
<strong>14.07.100 Dimensional and Parking Requirements Table.</strong>
<strong>14.07.010 Intent.</strong>
The intent of this Chapter is to provide adequate parking for motor vehicles while minimizing the visual impact of parking lots and structures.
<strong>14.07.020 General Provisions.</strong>
A. In all Zone Districts, off-street parking facilities for the storage of self-propelled motor vehicles for the use of occupants, employees and patrons of the building or structures hereafter erected, altered or extended shall be provided and maintained as herein prescribed.
B. Surface. All parking and driveway areas and primary access to parking facilities shall be surfaced with asphalt, concrete or similar materials.
C. Integrate Parking Lots with Surroundings. Parking lots shall not dominate the frontage of pedestrian-oriented streets, interfere with designated pedestrian routes, or negatively impact surrounding neighborhoods. The pedestrian character of streets and building shall be maximized through continuity of buildings and landscape frontage.
D. Location. Parking lots shall be located to the rear or side of buildings or in the interior of a block whenever possible.
E. Landscaping. Parking lots shall be landscaped, screened and buffered as provided in the Town’s Land Use Regulations.
F. Share-Access. Where feasible, parking lots shall share access drives with adjacent property with similar land uses.
G. Off-Street Parking Design. Any off-street parking area shall be designed so that vehicles may exit without backing onto a public street unless no other practical alternative is available. 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.
H. Circulation Area Design. 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.
I. Lighting. All parking area lighting shall be full cutoff type fixtures. Any light used to illuminate parking areas or for any other purpose shall be so arranged as to reflect the light away from nearby residential properties, and away from the vision of passing motorists.
J. Shared Off-Street Parking. 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 shall be used to demonstrate the adequacy of the parking supply as a substitute for standard parking requirements.
14.07.030 Paved Off-Street Parking Requirements. Paved off-street parking shall be provided according to the minimum requirements as specified below:
USE
REQUIRED PARKING
Must be outside of rights-of-way
1. Single-family detached
2 spaces per unit
2. Townhouse and duplex
1 space per bedroom, up to 2 per unit
3. Apartment dwellings
1 space per bedroom, up to 2 per unit
4. Accessory dwellings
1 space per bedroom, up to 2 per unit
5. Retail
1 space for every 500 square feet of gross floor area*
6. Office/business uses
1 space for every 500 square feet of gross floor area*
7. Institutional/churches
1 space for every 6 seats
8. Business park/industrial
1 space each for the maximum number of employees present at any one time*
* Off-street parking for commercial uses shall be sufficient to provide parking for employees of all proposed uses as well as long-term customer parking. Spaces reserved for employees shall be designated as such by means of striping and signage. Parking shall be located at the rear and sides of buildings to the greatest extent possible and screened from the view of streets.
<strong> </strong><strong>14.07.040 Location of Spaces.</strong>
A. Off-street parking facilities for residential uses shall be provided and located on the same lot as the building they are intended to serve.
B. 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, except driveways.
1. The location of required off-street parking facilities for other than residential uses shall be within seven hundred (700) feet of the building they are intended to serve when measured from the nearest point of the building or structure.
2. 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.
3. Garages or required off-street parking spaces shall be set back twenty-two (22) feet from the back of the sidewalk.
<strong>14.07.050 Handicap Parking Spaces.</strong>
A. Handicap parking spaces shall be required for all retail, office, business, industrial, institutional uses, as well as multi-family units.
B. Handicap parking spaces shall be designated as being for the handicapped with painted symbols and standard identification signs.
C. Handicap parking spaces shall be located as close as possible to the nearest accessible building entrance.
D. Number of Handicap Parking Spaces:
Total Parking Spaces in Lot
Minimum Required
Number of Handicap Parking Spaces
1-25
1
26-50
2
51-75
3
76-100
4
101-150
5
151-200
6
201-300
7
301-400
8
401-500
9
501-1000
2% of total
1000 and over
20 plus 1 for every 100 over 1000
For every eight (8) handicap parking spaces there must be at least one (1) van-accessible space. If there is only one (1) handicap parking space, that space must be van-accessible.
<strong> </strong><strong>14.07.060 Handicap Parking Space Dimensions.</strong>
A. Parking spaces must be eight (8) feet by eighteen (18) feet with a five (5) foot wide access aisle.
B. Van-accessible spaces must be eight (8) feet by eighteen (18) feet with an eight (8) foot wide access aisle.
C. Parking spaces for the physically handicapped that are parallel to a pedestrian walk which is handicap accessible may have the same dimensions as those for standard vehicles.
<strong> </strong><strong>14.07.070 Parking Stall Dimensions.</strong>
Parking stalls for automobiles shall meet the following standards. All dimensions represent the minimum requirement for any required parking space.
PARKING STALL DIMENSIONS
Parking
Angle
(A)
Stall
Width
(B)
Stall to
Curb
(C)
Aisle
Width
(D)
Curb Length
(E)
Overhang
(F)
45°
9'
19'
13'
12' 8"
1' 5"
60°
9'
20'
13'
10' 5"
1' 8"
90°
9'
18'
24'
9'
2'
0°(parallel)
8' *
8' *
12'
24'
0'
*Except along local streets where 7' is permitted.
<strong>14.07.080 Bicycle Parking Spaces.</strong>
Commercial, industrial, civic, employment, multi-family and recreational uses shall provide bicycle facilities to meet the following standards:
A. 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 provided by the development, but not less than one (1) space.
B. For convenience and security, bicycle parking facilities shall be located near building entrances. Within downtown commercial areas, however, a grouping of spaces shall be utilized as directed by the Town.
C. Bicycle parking facilities shall be designed to allow the bicycle frame and both wheels to be securely locked to a parking structure which is permanently attached to the pavement.
<strong>14.07.090 Parking Restrictions for Excess Weight Vehicles and Recreational Vehicles.</strong>
A. The owner or operator of any vehicle weighing in excess of ten thousand (10,000) pounds, other than emergency vehicles, shall not park said vehicle on any public right-of-way or roadway, except when making local deliveries, nor shall excess weight vehicles, boats, boat trailers, tractors, trailers, semi-trailers, motor homes, buses or detached/dismounted campers be parked or kept on private property for longer than seventy-two (72) hours, except as herein provided.
B. No boat, boat trailer, tractor, trailer, semi-trailer, motor home, bus or detached/ dismounted camper shall be kept or parked upon any public right-of-way or roadway, except for visitation purposes not exceeding twenty-four (24) hours.
C. All excess weight vehicles, boats, boat trailers, motor homes, buses or detached/ dismounted campers kept or stored on private residential property for longer than seventy-two (72) hours shall be kept or stored in the rear yard screened from view, or within an enclosed building. No such vehicle shall be used for storage or as a business or residential premises.
D. All excess weight vehicles, boats, boat trailers, tractors, trailers, semi-trailers, motor homes, buses or detached/dismounted campers kept or stored on private property for longer than seventy-two (72) hours shall be kept or stored in a yard screened from view or within an enclosed building. The property where storage occurs must be properly zoned for the use. No such vehicle shall be used for storage or as a business or residential premises.
E. No mobile home may be located permanently or temporarily in any residential area unless said area is zoned for the same.
(Municipal Code Codification 2022)
[Remainder of page left blank intentionally]
<strong>14.07.100 Dimensional and Parking Requirements Table.</strong>
Maximum Density &amp; Lot Conformance Coverage
NA
NA
15 dwelling units per acre
“
NA
NA
NA
NA
NA
NA
NA
NA
Parking Regulation
2 spaces per dwelling unit
“
“
1 per unit
1 for each 3 seats
4+2 for ea. enclosed space
1 fir ea. 50 sq. ft. of gross floor space
2 for ea. customer chair
1 sp. for. ea. 300 sq. ft.
1 sp. for ea. 200 sq. ft.
1 sp. for ea. 400 sq. ft. gross floor area
1 sp. for ea. 500 sq. ft.
Maximum Bldg. Heights
35 ft.
35 ft.
35 ft.
35 ft.
35 ft.
35 ft.
35 ft.
35 ft.
35 ft.
35 ft.
35 ft.
35 ft.
Minimum Rear Setback
10 ft.
10 ft.
10 ft.
10 ft.
10 ft.
10 ft.
10 ft.
10 ft.
10 ft.
10 ft.
10 ft.
10 ft.
Minimum Side Setback
10 ft.
10 ft.
10 ft.
*Not required
“
“
“
“
“
“
10 ft.
10 ft.
Minimum Front Setback
25 ft.
25 ft.
15 ft.
15 ft.
15 ft.
*10 ft.
15 ft.
15 ft.
15 ft.
15 ft.
10 ft.
10 ft.
Minimum Lot Width at Bldg. Line
50 ft.
75 ft.
200 ft.
100 ft.
50 ft.
150 ft.
200 ft.
25 ft.
50 ft.
25 ft.
50 ft.
50 ft.
Minimum Lot Area (Sq. Ft.)
6,500
10,500
28,000
RESIDENTIAL
One Family
Two Family
Multi-Family
COMMERCIAL
Motels
Restaurants &amp; Lounges
Service Stations
Drive-Ins
Beauty and Barber
Other Retail Stores
Business &amp; Professional Offices
INDUSTRIAL
Light Industrial
Industrial
*Maintaining shall be 25 feet.
** Subject to recommendation and Town Council approval.
(Ord. 60, Art. VI, Table, 1983)
</dd>
<dt>14.08 Design Standards</dt>
<dd>
Part 1
Mobile Home and Travel Trailer Park Development Standards
Sections:
<strong>14.08.010 Mobile Home and Travel Trailer Park Construction Requirements.</strong>
<strong> 14.08.020 Mobile Home and Travel Trailer Park General Design Standards.</strong>
<strong> 14.08.030 Additional Design and Regulation Standards for Mobile Home Parks.</strong>
<strong> 14.08.040 Additional Design and Regulation Standards for Travel Trailer Parks.</strong>
Part 2
Sidewalks, Multi-Use Pathways and Trails
Sections:
<strong>14.08.050 Sidewalks, Multi-Use Pathways and Trails Design Standards.</strong>
Part 3
Easement and Utility Standards
Sections:
<strong>14.08.060 Utility Easement Width.</strong>
<strong> 14.08.070 Multiple Installations within Easements.</strong>
<strong> 14.08.080 Underground Utilities.</strong>
<strong> 14.08.090 Street Lighting.</strong>
Part 4
Parks and Open Space
Sections:
<strong>14.08.100 Parks and Open Space Standards.</strong>
Part 5
Fences and Walls
Sections:
<strong>14.08.110 Fences and Walls.</strong>
Part 6
Sanitary Sewer
Sections:
<strong> </strong><strong>14.08.120 Sanitary Sewer Standards.</strong>
Part 7
Potable Water
Sections:
<strong>14.08.130 Potable Water Standards.</strong>
Part 8
Fire Hydrants
Sections:
<strong> </strong><strong>14.08.140 Fire Hydrant Standards.</strong>
Part 1
<strong>Mobile Homes and Travel Trailer Park Development Standards</strong>
<strong><strong> </strong></strong>
<strong>14.08.0010 Mobile Home and Travel Trailer Park Construction Requirements.</strong><strong> </strong>
The following construction requirements shall be applicable to both Mobile Home and Travel Trailer Parks, and shall be completed before any Certificates of Occupancy are issued:
A. Streets. Streets or accessways within the Mobile Home Park shall be paved or blacktopped at the time of first occupancy. Streets shall be a minimum of forty feet (40’) wide. Street widths shall be measured from the back-of-curb to back-of-curb. On-street parking on one-way streets shall not be permitted. On-street parking on two-way streets shall be for a maximum of twenty-four (24) hours. Enforcement of on-street parking regulations shall be the responsibility of the Park owner. Dead-end streets shall not be permitted. Non-through streets shall end in a cul-de-sac having a minimum radius of thirty feet (30’).
B. Fire Fighting and Prevention. Fixed installations for fire department operation shall be provided in accordance with Town of Dinosaur standards. Fire hydrants shall be installed in accordance with current standard specifications of the Town and the Fire District.
C. Buildings. Recreation buildings and other community service facilities are subject to the Town Land Use Regulations. Management offices, storage facilities, sanitary facilities and indoor recreation areas may be provided. No mobile home or travel trailer shall be placed closer than twenty feet (20’) to a building.
D. Construction Requirements. All developers of any Mobile Home Park or Travel Trailer Park shall submit proposed plans of the same to the Planning Commission and Town Council for approval in the same manner as subdividers are required to present designs and plats. The subdivision regulations insofar as the requirements for platting and approval thereof shall be applicable to all developers herein.
(Ord. 60, Art. VIII, §801.1, 1983)
<strong> </strong><strong>14.08.020 Mobile Home and Travel Trailer Park General Design Standards.</strong><strong> </strong>
The following Design standards shall be applicable to both Mobile Home Parks and Travel Trailer Parks, and shall be completed before any Certificates of Occupancy are issued:
A. Utilities. All utilities shall be placed underground in Travel Trailer Parks, tents shall not be permitted.
B. Open Space. Common areas or playgrounds shall be provided at the ratio of 200 square feet per mobile home rental space or travel trailer rental space and shall be centrally located, unless the mobile home or travel trailer is located adjacent to a playground area.
C. Park Size. The minimum size of a Mobile Home Park or Travel Trailer Park shall be two (2) acres.
D. Lighting. All streets and walkways within the Park shall have a minimum standard of illumination as provided by 175 watt mercury vapor lamps or equivalent LED lamps at a maximum spacing of 300 feet.
E. Storage Access. Storage access shall be provided for motorhomes, boats, boat trailers, tent trailers, horse trailers and detachable pickup campers.
(Ord. 60, Art. VIII, §802.1, 1983)
<strong>14.08.030 Additional Design and Regulation Standards for Mobile Home Parks.</strong>
Mobile Home Parks shall be subject to the following Design and Regulation Standards in addition to those herein provided above:
A. Mobile Home Width. Mobile homes shall be a minimum of ten feet (10’) in width measured wall-to-wall.
B. Parking. Off-street parking for a minimum of two (2) vehicles, within the minimum area of 400 square feet shall be provided at each mobile home space.
C. Garbage. Receptacles or containers shall be provided for each rental space. All containers shall comply with the applicable regulations with the Town of Dinosaur refuse collection requirements and removal shall be the responsibility of the Park owner.
D. Walkways. Walkways not less than two feet (2’) wide shall be provided from streets to all public buildings.
E. Structural Additions. No other structural additions shall be built onto or become a part of any mobile home, except entrance steps. No mobile home shall support any building in any manner unless the addition is an awning, patio cover or carport, or storage building. Such additions shall comply with the current Town building codes.
F. Skirting. Each mobile home shall be skirted completely within forty-five (45) days of placement, with permanent, all-weather, non-combustible skirting material approved by the Zoning Enforcement Official. Allowance shall be made for ventilation. An entry panel or door shall be available for access to utility connections. No galvanized metal, nor corrugated fiberglass may be used for skirting. The color shall be compatible with the Mobile Home.
G. Patio Pads. Patio pads shall be provided for each rental space. Patio pads shall have a minimum area of 200 square feet and shall be concrete or paved.
H. Mobile Home Hook-Ups. It shall be the responsibility of the Mobile Home Park owner to ensure that all utility hook-ups are completed according to Federal, State and local Codes.
I. Lot Area. Minimum lot size of 3500 square feet and a minimum frontage shall be not less than 30 square feet. Minimum front setback for a Mobile Home on a corner lot with inserting street shall be 20 feet; measured from the unit to the property line or back-of-curb, whichever is greater. If a Mobile Home space borders on a private street, the minimum side and rear yard setback shall be 8 feet. If a Mobile Home has parking spaces, 400 square feet to the side of the unit: a setback of 10 feet shall be allowed on a straight street.
J. Pets. Municipal Code shall apply.
(Ord. 60, Art. VIII, §803.1, 1983)
<strong> </strong><strong>14.08.00 Additional Design and Regulation Standards for Travel Trailer Parks.</strong><strong> </strong>
Travel Trailer Parks shall be subject to the following Design and Regulation Standards in addition to those provided above:
A. Sanitary Facilities. Separate sanitary facilities for men and women shall be provided. Each facility shall contain one flush water closet and/or urinal and one lavatory for every ten (10) spaces and one shower for every sixteen (16) spaces or fraction thereof. Dumping facilities shall be provided and shall be approved by the Town.
B. Trailer Width. Maximum trailer width shall be eight feet (8’).
C. Trailer Space. Each travel trailer rental space shall have a parking pad of 10 feet by 20 feet, that shall consist of concrete or blacktop at the time of first occupancy.
D. Travel Trailer Park Lot Size. Minimum lot size shall be 1000 square feet and a minimum frontage shall not be less than 20 feet measured form the edge of the parking pad to the property line or back-of-curb, whichever is greater. If a trailer borders on a private street, the minimum side and rear yard setback shall be 8 feet.
E. Parking. One off-street parking space that is paved or compacted gravel shall be provided for each rental space.
F. Garbage. Refuse collection and removal shall be the responsibility of the Park owner. There shall be a central dumping area as approved by the Town.
G. Pets. Municipal Code shall apply.
(Ord. 60, Art. VIII, §804.1, 1983)
Part 2
Sidewalks, Multi-Use Pathways and Trails
<strong>14.08.050 Sidewalks, Multi-Use Pathways and Trails Design Standards.</strong>
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 Provisions.
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. Sidewalks shall be separate and distinct from motor vehicle circulation to the greatest extent possible. The pedestrian circulation system shall include gathering/sitting areas and provide benches, landscaping and other street furniture where appropriate.
2. Sidewalks Required. In all zone districts, sidewalks are required along both sides of a street. Within the Industrial Zone District, sidewalks are required along one side of the street.
3. Sidewalk Width. Sidewalks shall be a minimum of five (5) feet wide along local streets; a minimum of five (5) feet wide along one side and eight (8) feet wide along the other side of collector streets; and a minimum of eight (8) feet wide along arterial streets. A four (4) foot detached sidewalk is an acceptable sidewalk alternative if it is approved through the subdivision exception process. Sidewalks adjacent to storefronts in commercial areas shall be ten (10) to fifteen (15) feet in width, or consistent with the average sidewalk width on a block if building in an area with existing sidewalks.
4. Sidewalk Location. Sidewalks shall be located within the right-of-way unless otherwise authorized by the Town Council.
5. Sidewalk Materials. The acoustic, thermal, visual and tactile properties of sidewalk paving materials shall be appropriate to the proposed functions of pedestrian circulation. Sidewalks shall be constructed of concrete, brick, slate, colored/textured concrete pavers, concrete containing accents of brick, or some combination thereof that is compatible with the style, materials, colors, and details of the surrounding buildings. Asphalt shall not be used for sidewalks.
Sidewalks must be constructed of approved materials of sufficient strength to support light maintenance vehicles. If used as a secondary emergency access, sidewalks must also be able to support a fire truck (60,000 lbs.) Please refer to the Town Standards and Specifications for additional sidewalk construction standards.
6. Sidewalk Installation. Sidewalks and related improvements shall be installed or constructed by the subdivider in accordance with plans and specifications approved by the Town and, after installation or construction, they shall be subject to inspection and approval by the Town. All required improvements shall be completed in accordance with the officially established grades.
7. Accessibility. Sidewalks and plazas shall be accessible to handicapped individuals. (Refer to Americans with Disabilities Act (ADA) requirements.)
8. Walkways. Walkways through a subdivision block shall be not less than eight (8) feet in width, shall be within a dedicated right-of-way not less than twenty (20) feet in width, and shall be flanked with appropriate landscaping and lighting. Walkways along buildings and within parking lots shall be raised and curbed, where suitable. A direct pedestrian connection to building entries, public space and parking areas shall be provided from public sidewalks. Walkways shall be constructed of the same materials as sidewalks, except that walkways internal to asphalt surfaced parking lots may be of asphalt construction. Walkways crossing driveways in parking lots shall be clearly delineated by a change in pavement color or texture or paint striping. Please refer to the Town Standards and Specifications for additional sidewalk construction standards.
9. Lighting. All sidewalks and other pedestrian walkways shall have appropriate lighting, using poles and fixtures consistent with the overall design theme for the development.
10. Multi-use Pathways (Bikeways). Multi-use pathways shall be provided to link internal open space areas with peripheral open space areas and shall connect to multi-use pathway routes throughout the community. Multi-use pathway routes shall be designated between residential areas and commercial and employment centers. Multi-use pathways on local streets may be delineated by painted “bicycle only” lanes. Sidewalks that may be used as a multi-use pathway are required on arterial and collector streets. All other multi-use pathways shall be a minimum of eight (8) feet wide and shall be of concrete construction or where approved by the Town Council, compressed gravel. Asphalt paving is prohibited. Bike racks shall be provided at the entry to internal and peripheral open space areas.
11. Trails. Trails shall be provided within and surrounding open space areas and connecting open space areas. Trails shall be a minimum of eight (8) feet in width and shall be of concrete construction. A trail may be flanked on one side by a soft surface path a minimum of four (4) feet in width. The soft surface path shall be constructed with a minimum depth of eight (8) inches of compressed gravel, crowned and compacted with edging to contain trail material.
Part 3
Easement and Utility Standards
<strong>14.08.060 Utility Easement Width.</strong>
Utility easements shall measure ten (10) feet on each side of abutting rear lot lines. On subdivision perimeter rear lot lines adjacent to unsubdivided property, utility easements shall measure ten (10) feet in width. In the event that the location of utility easements adjacent to rear property lines is unsuitable for use by utility companies due to drainage, irrigation ditches or other obstructions, the subdivider shall provide like width easements adjacent to said areas of obstruction. Side lot line easements, where necessary, shall measure ten (10) feet in full width; five (5) feet either side of a lot line is acceptable. Front lot line easements shall measure ten (10) feet in width. Easements may be more or less than widths stated if the specific utility indicates in writing a width other than those required by this Code. Utility easements shall be subject to the approval of the Town or applicable utility company.
<strong>14.08.070 Multiple Installations within Easements.</strong>
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.
<strong>14.08.080 Underground Utilities.</strong><strong> </strong>
Telephone lines, electric lines, internet 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. Screening or fencing is required to the satisfaction of the Town 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.
<strong>14.08.090 Street Lighting.</strong><strong> </strong>
Street lighting and associated underground street lighting supply circuits shall be installed. The minimum requirement shall be two hundred fifty (250) watt sodium vapor lamps or equivalent LED lamp at a maximum spacing of four hundred (400) feet for local streets. Arterial streets and commercial areas shall have a higher level of lighting as determined by the Town Council.
Part 4
Parks and Open Space
<strong>14.08.100 Parks and Open Space Standards.</strong>
A. Intent. To ensure that a comprehensive, integrated network of parks and open space is developed and preserved as the community grows.
B. Types of Parks and Open Space.
1. Pocket Parks. Pocket parks provide places within walking distance of residential units for supervised play for young children and unstructured activities for neighborhood residents. Developers must provide the land and develop a one (1) acre pocket park for every two hundred (200) residential units. At a minimum, a pocket park shall include live ground cover, trees, and irrigation plus one of the following: playground equipment, contemplative garden or other active or passive recreation opportunities for the neighborhood.
Projects with less than two hundred (200) units must provide a pocket park or demonstrate that they are within one-quarter (¼) mile of a neighborhood park. If credit is taken for proximity to a neighborhood park, the developer must provide a cash-in-lieu equivalent for their pro rata share of the cost of land and improvements for a pocket park (i.e., provide twenty-five [25] percent of a pocket park for fifty [50] units).
The land and amenities of a pocket park may be added to a centrally located neighborhood park. The pocket park amenities placed in a neighborhood park must be within one-quarter (¼) mile of the sub-neighborhood’s two hundred (200) residences served. For example, a neighborhood park serving a neighborhood of four hundred (400) residences shall have two (2) pocket park amenity pods, located to conveniently serve each of the sub-neighborhoods.
2. Neighborhood Parks. Neighborhood parks are places for recreation and social gatherings that are within walking distance of most residents. These parks can include multiple-use lawn areas, picnic areas, playground equipment, court game facilities and community gardens. The general locations for each four (4) to six (6) acre neighborhood park are shown on the Town Comprehensive Plan. Every residential development shall either provide land for a neighborhood park or provide a fair share, cash-in-lieu contribution for the park that will serve the neighborhood. This can be credited toward the twenty (20) percent land dedication required at the time of subdivision. Developers providing land shall submit a conceptual design for the park to demonstrate that it meets the intent of the Town Comprehensive Plan. The Town will be responsible for the development and maintenance of the park.
3. Community Park. Community parks serve the residents of several neighborhoods. Community parks are to be located on or near arterial streets at the edge of residential areas or in non-residential areas to minimize the impact of organized recreational activities such as lighted ball fields. The general locations for community parks are shown on the Town Comprehensive Plan. These parks will be purchased and developed by the Town.
4. District Park. District parks serve the residents of the entire Town as well as people who live outside of the community. These parks are located to take advantage of special natural settings. Town’s district parks are illustrated on the Town Comprehensive Plan. District parks are purchased and developed by the Town.
5. Trails. The trail system shall link neighborhoods, parks, schools, open spaces, employment centers, community facilities and neighboring communities and thus provide important transportation connections as well as recreational opportunities and access. Developers must provide trails in all areas designated “Parks and Trails” on the Town Comprehensive Plan as well as connections to the Town’s trail system and destinations within the neighborhood.
6. Regional Open Space. Town’s regional open space system includes: Town drainage ways, floodplains, natural areas, natural area buffer zones, wetlands, subsidence areas, agriculture preservation areas and lands of archeologic or historic significance. Access is generally limited to trails, educational signs and similar improvements.
7. Storm Drainage Facilities. Storm drainage facilities, including stormwater detention and stormwater retention ponds, may function as open space for active recreation, trail corridors or habitat enhancement areas if they are designed appropriately. Credit toward the open space dedication requirements will be considered on a case-by-case basis by the Town Council at the time of platting.
C. General Provisions.
1. Open Space Should Serve as the Neighborhood Focus. Open space, such as the Town drainage ways and developed parks and plazas, shall be used to organize and focus lot, block and circulation patterns and to enhance surrounding development. Street, block, lot and building patterns shall respond to the views, landscape and recreational opportunities provided by the open space.
2. Public Access. Areas designated as public open space shall be both visibly and physically accessible to the community. Public access shall be provided to all public open space, natural and developed, directly from the public street and trail system. Open space areas shall be bounded along at least fifty (50) percent of the perimeter by a street, except for pocket parks, unless otherwise authorized by the Town Council. Pocket parks shall be integrated into the neighborhood design and be accessible to pedestrians and bicyclists.
3. Buildings Shall Front Public Open Space. Development adjacent to open spaces shall front onto the area as much as possible, so that the areas are not enclosed by back yards. In the case of conservation subdivisions, open space frontage shall be appropriate to the design and character of the development. Open space and trail areas shall have a minimum of three hundred (300) feet of street frontage unless otherwise authorized by the Town Council.
4. Buffering. Appropriate buffering and setbacks shall be used between environmental resources and proposed development to ensure that the proposed development does not degrade the existing habitat. Developers shall provide an open space buffer zone around all natural areas unless otherwise authorized by the Town Council. The size of the buffer zone shall be in accordance with studies prepared by the Colorado Division of Wildlife or a qualified wetland/wildlife ecologist employed by the Town and paid for by the developer.
5. Open Space Uses. Uses designated within the open space shall be appropriate to the context and character of the site and the intensity of the proposed development.
6. Ownership and Maintenance of Open Space. Ownership and maintenance of public open space shall be determined by the Town on a case by case basis through the review process.
a. Generally, the Town shall own and maintain neighborhood parks, community parks, district parks and public trails.
b. Pocket parks, shall be owned by the Town and maintained by a homeowners association or the landowner.
c. Landscaped outlots and private recreational facilities shall be owned and maintained by a homeowners association or the landowner.
d. Environmentally sensitive, archaeologic and historic resources may be dedicated to the Town and maintained by the Town if approved by the Town Council.
e. Stormwater detention and retention areas that function as open space shall be owned and maintained by a homeowners association or the landowner, unless otherwise approved by the Town.
f. Areas designated as open space shall be maintained according the designated function of the area. Applicants shall work with the National Resources Conservation Service to develop a management plan which addresses: irrigation, revegetation, erosion control, and weed management. If the area is to remain in private ownership, a mechanism which will assure maintenance will be funded in perpetuity must be in place at the time of final plat.
7. Open Space Protection. Areas designated as open space shall be protected by a deed restriction or other appropriate method to ensure that they cannot be subdivided or developed in the future and remain open in perpetuity. They may be dedicated to the public or held in private ownership. Appropriate ownership will be determined through the review process in cooperation with the landowner. Future use may include recreational or agricultural activities if approved by the Town.
D. Open Space Requirements.
1. Open space requirements are intended to provide a unified network of public and private facilities to serve the needs of the residents. Public land dedication requirements are identified in subsection (D)(3)(b) below. Open space includes both private and public lands as follows:
a. Areas within the community designated for the common use of the residents of an individual development and/or the community at large;
b. Areas designated for preservation and protection of environmental resources including floodplains, natural drainage ways, and wetland areas;
c. Areas impacted by subsidence;
d. Areas designated for agricultural preservation; and
e. Areas of archeologic and historic significance.
2. Open Space Shall Not Include the Following:
a. Required setback areas around oil and gas production facilities;
b. Disconnected remnants of land created by division of sites into lots or parcels that do not qualify as functional open space or that preserve environmental resources, unless approved by the Town Council;
c. Private yards;
d. Tree lawns in street rights-of-way; or
e. Required parking lot landscaping associated with all uses, except parking specifically designated for access to open space areas and within commercial/industrial projects.
3. Amount of Open Space Required. The amount of functional open space required in each development will be based on the density of the development, the recreational requirements of the anticipated users and the anticipated opportunities for public recreation within walking distance of the site (¼ mile). However, all residential subdivisions shall dedicate a minimum of twelve (12) percent of the gross land area for public parks, trails, open space or other civic purposes at the time of subdivision. This dedication can be credited toward the overall open space required for the subdivision.
a. Single-Family Residential Developments. The developer shall provide:
i. A minimum of twenty (20) percent of the gross land being subdivided as functional open space which may include: pocket parks, trails, recreational amenities, homeowner association owned landscaped areas (excluding parking lots), natural areas and amenities for residents or other civic purposes;
ii. One (1) centrally-located pocket park for every two hundred (200) residential units;
iii. The land for one (1) neighborhood park within one-quarter (¼) mile radius of the proposed homes (general locations are shown on the Town Comprehensive Plan); or a fair-share, cash-in-lieu contribution for the cost of the neighborhood park that will serve the development; and
iv. An internal trail system and the trails designated on the Town Comprehensive Plan.
b. Multi-Family Residential Developments. The developer shall provide:
i. A minimum of twenty-five (25) percent of the gross land being subdivided as functional open space which may include: pocket parks, trails, recreational amenities, homeowner association or landowner owned landscaped areas (excluding parking lots), natural areas and amenities for residents or other civic purposes;
ii. One (1) centrally-located pocket park for every two hundred (200) residential units;
iii. The land for one (1) neighborhood park within one-quarter (¼) mile radius of the proposed homes (general locations are shown on the Town Comprehensive Plan); or a fair-share, cash-in-lieu contribution for the neighborhood park that will serve the development; and
iv. An internal trail system and trails designated on the Town Comprehensive Plan.
c. R Developments. The developer shall provide:
i. A minimum of twenty-five (25) percent of the gross land being subdivided as functional open space which may include: pocket parks, plazas, trails, recreational amenities, homeowner association-owned landscaped areas (excluding parking lots), natural areas and amenities for residents or other civic purposes;
ii. One (1) centrally-located pocket park for every two hundred (200) units;
iii. The land for one (1) neighborhood park within one-quarter (¼) mile radius of the proposed homes (general locations are shown on the Town Comprehensive Plan); or a fair-share, cash-in-lieu contribution for the neighborhood park that will serve the development; and
iv. An internal trail system and trails designated on the Town Comprehensive Plan.
d. Planned Unit Developments (PUD). The developer shall provide:
i. A minimum of twenty-five (25) percent of the gross land being developed as common functional open space which may include: pocket parks, trails, homeowner association or landowner owned landscaped areas (excluding parking lots), natural areas and amenities for residents and other civic purposes;
ii. One (1) centrally-located pocket park for every two hundred (200) residential units;
iii. Land for one (1) neighborhood park within one-quarter (1/4) mile radius of the proposed homes (general locations are shown on the Town Comprehensive Plan); or a fair-share, cash-in-lieu contribution for the neighborhood park that will serve the development; and
iv. An internal trail system and trails designated on the Town Comprehensive Plan.
Part 5
Fences and Walls
<strong> </strong><strong>14.08.110 Fences and Walls.</strong>
A. General Provisions.
1. Materials.
a. Stone walls, or brick walls with a stone or cast stone cap, treated wood fences, decorative metal, cast iron fences, stucco walls, and stone piers are encouraged. Solid walls and fences are permitted only in rear and side yards. Retaining walls are permitted where required for landscaping or architectural purposes. Hedges may be used in the same manner and for the same purposes as a fence or wall.
b. Fences used in front yards shall be at least fifty (50) percent open. Allowable fences are split rail, wrought iron, picket, or other standards residential fences of a similar nature approved by the Building Inspector.
c. Solid fences shall be constructed to meet the wind design criteria of the adopted International Building Code, using a basic wind speed of eighty (80) miles per hour.
d. Other materials may be incorporated in fences and walls as may be approved by the Town.
2. Prohibited Materials. Contemporary security fencing such as concertina or razor wire, or barbed wire, or electrically-charged fences are prohibited unless specifically allowed by the Town Council. Chain link fencing with or without slats shall not be used as a fencing material for screening purposes without approval by the Town Council.
3. Retaining Walls. Retaining walls shall be designed to resist loads due to the lateral pressure of retained material in accordance with accepted engineering practice and shall not be unsightly or detrimental to abutting property.
4. Height Limitations. Fences or walls shall be:
a. No more than forty-two (42) inches high between the front building line and the front property line. Walls shall not be solid except for retaining walls. For corner lots, front yard fence regulations shall apply to both street sides of lot.
b. No more than forty-two (42) inches high if located on a side yard line in the front yard, except if required for demonstrated unique security purposes. Fences and walls shall not be solid, except for retaining walls.
c. No more than five (5) feet high for an opaque privacy fence located on a rear property line or on a side yard line in the rear yard.
d. No more than six (6) feet high for opaque privacy fences that are located directly adjacent to and integrated with the architecture of the house or connected to a courtyard.
e. No more than thirty (30) inches high when located within the site distance triangle, and fences or walls within this site distance triangle shall not be solid.
f. In the Industrial (I) zone district, a chain link fence is permitted so long as it is not higher than six (6) feet anywhere on the premises and the visibility at the intersection shall be in accordance.
g. Fences around a recreation court (e.g. tennis, squash racket, squash tennis or badminton) or around a publicly-owned recreation area may exceed six (6) feet in height if the fence is at least fifty (50) percent open.
5. Maintenance. Dilapidated, unsightly or dangerous fences shall be removed or repaired when so ordered by the Building Inspector. Hedges shall be maintained in a healthy condition, trimmed and pruned as appropriate for the plant type. Dead plant material in hedges shall be removed or replaced as appropriate when so ordered by the Building Inspector. Hedges shall not encroach upon sidewalks or street rights-of-way.
B. Warranty Period. The warranty period for perimeter fences along arterial and collector streets shall be two (2) years. Provision for compliance shall be as outlined in the warranty section of the Development Agreement for Public Improvements.
Part 6
Sanitary Sewer
<strong>14.08.120 Sanitary Sewer Standards.</strong>
<strong><strong> </strong></strong>
All residential, commercial and industrial uses which have human occupancy shall have sanitary sewer. The sanitary sewer system shall be connected to the Town’s 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. Sanitary sewer lines are to be of sufficient size and design to collect all sewage from all proposed or portable structures within the subdivision or development. On a case-by-case basis, the Town Council may approve individual sewage disposal systems that comply with Moffat County Health Department standards. However, no new addition, upgrade or major repair to an individual sewage disposal system will be permitted if the property is located within four hundred (400) feet of a municipal collection line, measured through existing sewer easements or utility rights-of-way, except where such connection is not feasible or has been denied by the Town.
Part 7
Potable Water
<strong> </strong><strong>14.08.130 Potable Water Standards.</strong>
All residential, commercial and industrial uses, which have human occupancy, shall have potable water served by the Town. 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.
Part 8
Fire Hydrants
<strong> </strong><strong>14.08.140 Fire Hydrant Standards.</strong>
The subdivider shall install fire hydrants at street intersections and at other points as per the requirements of the Fire Department of the Town. Fire hydrants shall have national standards threads, two and one‑half (2½) inch outlets and four and one‑half (4½) inch or six (6) inch streamers.
</dd>
<dt>14.09 Permits, Licenses and Inspections for Mobile Homes</dt>
<dd>
<strong>14.09.010 Mobile/Modular Home Permits Required.</strong>
<strong>14.09.020 Application.</strong>
<strong>14.09.030 Issuance of Permits.</strong>
<strong>14.09.040 Inspection.</strong>
<strong>14.09.050 Denial of Permit.</strong>
<strong>14.09.060 Mobile Home and Travel Trailer Park Licenses Required.</strong>
<strong>14.09.070 Transfer of Interest.</strong>
<strong>14.09.080 Compliance with Title Required.</strong>
<strong>14.09.090 Application.</strong>
<strong>14.09.100 Denial of License.</strong>
<strong>14.09.110 Inspections for Mobile Home and Travel Trailer Parks.</strong>
<strong> </strong><strong>14.09.010 Mobile/Modular Home Permits Required.</strong>
Persons will be required to obtain a mobile home permit from the Town Building Inspector prior to the siting of a mobile home within the Town of Dinosaur. In order to obtain such a permit, the applicant must be able to represent to the Building Inspector that his plans are in accordance with municipal standards as set forth in this Title and pay a one-time fee of fifteen dollars ($15.00).
(Ord. 60, Art. VII, §701.1, 1983)
<strong>14.09.020 Application.</strong>
The application for a Mobile/Modular Home permit shall include the following information:
A. Name and address of applicant.
B. Location and legal description of lot upon which mobile home is to be situated.
C. Name and address of property owner.
D. Development of plans.
1. Description of mobile/modular home (dimensions, condition, etc.)
2. Location of mobile/modular home.
(Ord. 60, Art. VII, §701.2, 1983)
<strong>14.09.030 Issuance of Permits.</strong><strong> </strong>
When, upon review of the application, the Town Building Inspector is satisfied that the proposed plan meets the requirements of this Title and other applicable Codes, a permit shall be issued. All permits shall include:
A. Job address, or lot number and block number where no address exists.
B. Name of the owner.
C. Amount paid by applicant.
D. Date permit issued.
E. Date permit expires.
F. Development stipulations:
1. When skirting required.
2. When inspections (water, sewer, gas pressure, electrical) required.
3. Information on required or approved:
a. Setbacks
b. Ground Cover
c. Drainage
d. Refuse Containers
e. Landings and Stairs
f. Skirting Material
g. Permanent Foundations
h. Appliance Ventilation
G. The signature of the Building Inspector. Before water and sewer taps can be made for mobile/modular homes to be located on individual lots (not within a mobile home or travel trailer park) a building permit must have been issued.
(Ord. 60, Art. VII, §701.3, 1983)
<strong>14.09.040 Inspection.</strong>
A. Before a mobile/modular home can be installed upon a suitable footing on a Single Family Residential Lot, the owner shall notify the Building Inspector, requesting an inspection. The Building Inspector shall inspect such mobile/modular home to assure it meets the requirements as discussed in this Title, and approve it for placement in the community.
B. After a mobile/modular home has been installed on its stand, the owner shall notify the Building Inspector, requesting an installation inspection. The Building Inspector shall inspect the piers, blocking, and the utilities connections, as well as plans for skirting, which will be required to comply with the stipulations stated in Section 14.04.160 of this Title. If approved, the Building Inspector shall 
