Chapter 17.04 Introductory Provisions

TITLE 17Land Use CodeChapter 17.04 Introductory Provisions 17.04.010 Title 17.04.020 Purpose and intent 17.04.030 Scope 17.04.040 Application 17.04.050 Permits and/or certificates required 17.04.060 Establishment of Design Review Commission 17.04.070 Enforcement and penalties Chapter 17.08 Design Review Commission 17.08.010 Purpose 17.08.020 Definitions 17.08.030 Restrictions 17.08.040 Design areas 17.08.070 Design Review Commission created 17.08.080 Membership; term of office 17.08.090 Procedures; meetings 17.08.100 Powers and duties 17.08.110 Recommendation to Planning Commission required when 17.08.120 Actions of Building Inspector/Official 17.08.130 Procedure for issuance of certificate of appropriateness; issuance; notice; expiration 17.08.140 Decisions by Design Review Commission 17.08.160 Board of Adjustment action restriction 17.08.170 Appeal of decision 17.08.180 Ordinary maintenance or repair permitted Chapter 17.12 Procedures 17.12.010 General 17.12.020 Application fees 17.12.030 Submission of application 17.12.040 Minor applications 17.12.050 Referral of application; notice requirements; fees 17.12.060 Review and approval; certificate of appropriateness 17.12.070 Review and approval for special use permits 17.12.080 Site-specific amendment to district map (rezoning) 17.12.090 Subdivision 17.12.100 Vested property rights Chapter 17.16 District Regulations 17.16.010 Establishment of land use and development districts; intent and purpose of districts and district regulations 17.16.020 Land use and development district map; interpretations 17.16.040 Interpretation of use regulations 17.16.041 Historic Residential District 17.16.042 Historic Commercial District 17.16.043 Historic Mixed-Use District 17.16.044 Millsite Residential District 17.16.045 Meadows Residential District 17.16.046 Multifamily Residential District17-1 17.16.047 Gateway Commercial District 17.16.048 Gateway Mountainside Industrial District 17.16.049 Hillside Residential District 17.16.050 Parks and Open Space District 17.16.051 Gateway Mixed-Use District 17.16.052 Mining District Chapter 17.20 Supplementary Regulations 17.20.010 Fences, hedges and walls 17.20.020 Off-street parking areas 17.20.030 Home occupations 17.20.040 Lighting 17.20.050 Parking, storage and use of recreational vehicles, etc. 17.20.055 Parking and storage of commercial trucks, construction equipment and machinery prohibited; exceptions 17.20.060 Renting of rooms 17.20.070 Bed and breakfast 17.20.080 Satellite dish antennae 17.20.090 Personal wireless telecommunication services facilities Chapter 17.24 Special Uses 17.24.010 Definition 17.24.020 Procedure 17.24.030 Limitations on approval 17.24.040 Uses requiring special use review and approval 17.24.050 General criteria, conditions 17.24.060 Criteria for approval of a change in a nonconforming use 17.24.070 Uses to be located on lots where average slope exceeds 30% 17.24.080 Uses to be located within a flood hazard area Chapter 17.28 Subdivisions 17.28.010 Intent 17.28.020 Applicability 17.28.030 Procedure 17.28.040 Transfer of parcels; adjustment of lot lines 17.28.050 Public improvements and subdivision infrastructure design 17.28.060 Utilities and improvements 17.28.070 Guarantee of public improvements Chapter 17.30 Planned Unit Development 17.30.010 Purpose 17.30.020 Definition 17.30.030 PUD applicability 17.30.040 PUD as zoning classification 17.30.050 Applicability of zoning and subdivision regulations within a PUD 17.30.060 PUD plan; conformity with comprehensive plan 17.30.070 Overview of PUD procedure 17.30.080 Application for PUD 17.30.090 PUD review procedure; fees 17.30.100 PUD review standards 17.30.110 PUD development schedule 17.30.120 Form of PUD approval 17.30.130 PUD agreement 17.30.140 Final PUD plat/map 17.30.150 PUD plan enforcement; modifications17-2 Chapter 17.32 General Provisions 17.32.010 Nonconforming uses, buildings and lots 17.32.020 Board of Adjustment established; variances 17.32.030 Amendments 17.32.040 Enforcement and liability for damage Chapter 17.36 Definitions and General Application Information 17.36.010 General interpretation 17.36.020 Definitions and terms 17.36.030 Material to be submitted for review; certificate of appropriateness 17.36.040 Material to be submitted for review; special use permit 17.36.050 Materials to be submitted for review; site specific amendment to district map (rezoning) 17.36.060 Material to be submitted for subdivision review Chapter 17.40 Prospecting 17.40.010 Purpose and intent 17.40.020 Applicability 17.40.030 Definitions 17.40.040 Guidelines for prospecting permit approval 17.40.050 Reports and studies required 17.40.060 Financial warranties; area and bulk regulations; expiration of special use permits; revocation Chapter 17.44 Development/Mining Operations 17.44.010 Purpose and intent 17.44.020 Applicability 17.44.030 Definitions 17.44.040 Guidelines for development/mining operations permit approval 17.44.050 Reports and studies required 17.44.060 Financial warranties; area and bulk regulations; expiration of special use permits; revocation Appendices Appx 17-A Plate I – Surficial Geology of Northeast Clear Creek County, Colorado Appx 17-B Plate II – Geologic Hazards of Northeast Clear Creek County, Colorado Appx 17-C Slope Diagrams – Figures 1, 2, 3 and 417-3 CHAPTER 17.04Introductory Provisions17.04.010 Title.This Title shall be known and may be cited as the Georgetown Zoning, Development and Historic Preservation Code," or simply the Land Use Code (LUC). (Ord. 320, 1981; Ord. 2 §1, 2001)17.04.020 Purpose and intent.(a) The land use and development regulations established herein have been made in accordance with a comprehensive study of the existing and future needs of the Town, with reasonable consideration given to the character of the community, the character of each district and the suitability of the Town and the districts for particular uses, with a view to conserving the value of properties, encouraging the most appropriate use of land, preserving the unique historical character of the Town, and enhancing the economy of the Town.(b) This Title is designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration or significant changes in density of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; to promote the educational, cultural, economic and general welfare of the public through the protection, enhancement and use of structures and areas of historical and architectural significance; to promote good civic design and arrangement of buildings and land uses in order to preserve the amenities of life peculiar to the Town; and to aid in realizing the goals and policies of the Town's comprehensive plan.(c) The Board of Selectmen finds that the Town has a unique geographical setting and place in the history of the State and the nation, and that growth and development demand sensitive control and guidance in order to preserve and enhance this unique character, and to protect the natural environment and the heritage of the community. Therefore, the Board of Selectmen declares that this Title is adopted for the following additional specific purposes:(1) To promote coordinated, sound development, taking into consideration the Town's unique history, geographical setting and amenities of view;(2) To prevent the overcrowding of land, poor quality in development, waste and inefficiency in land use, danger and congestion in travel and transportation, and other use or development which might be detrimental to the stability and livability of the Town;(3) To regulate the development of land in flood hazard areas and on hillsides in order to protect the health and safety of the public; and(4) To provide a unified regulatory system for development, land use, and preservation, protection and enhancement of historical resources in the Town. (Ord. 320 Art. I(B), 1981)17-4 17.04.030 Scope.(a) This Title shall apply to all public and private lands situated within the limits of the Town, as now and hereafter established.(b) The provisions of this Title shall be regarded as the minimum requirements for the protection of the public health, safety, comfort, convenience, prosperity and welfare. This Title shall be regarded as remedial and shall be liberally construed to further its underlying purposes.(c) This Title shall not abrogate or annul any building permit, certificate of occupancy, certificate of appropriateness, variance or other lawful permit issued and in full force and effect or which has been ordered issued by the final judgment of any court of record on the effective date of this Title.(d) Whenever a provision of this Title and any other provision of this Title, or any provision of any other law, rule, contract, deed or regulation of any kind, contain restrictions covering the same subject matter, the more restrictive requirements or higher standards shall apply. (Ord. 320 Art. I(C), 1981; Ord. 2 §1, 2001)17.04.040 Application.(a) No building, structure or land may hereafter be used or occupied and no building, sign or other structure or part thereof may hereafter be erected, constructed, moved, altered or demolished except in conformity with the regulations applicable to the district in which it is located and to all other applicable regulations of this Title.(b) No person shall engage in any change on any property within the Town without first obtaining the appropriate permit or certificate therefor in accordance with the procedures and other requirements of this Title.(c) No part of a lot area, open space, off-street parking area or yard required about or in connection with any building or use for the purposes of complying with this Title may be included as a part of a lot area, open space, off-street parking area or yard similarly required for any other building or use. (Ord. 320 Art. I(D), 1981)17.04.050 Permits and/or certificates required.No person shall engage in any development or use of land without first obtaining a permit and/or certificate required herein:(1) Certificate of appropriateness a. A certificate of appropriateness shall be required for the erection, moving, demolition, alteration or addition to, or the external restoration or external reconstruction of any building or structure, inclusive of driveways, parking areas, patios, sidewalks and walkways, and fences and walls, but excluding and excepting live vegetation (trees, shrubs and flora) utilized in landscaping, man-made landscaping structures less than fifteen (15) inches in height above grade, yard art, and signs for which no permit is required under the Town's sign regulations. The Building Inspector/Official shall not issue any building permit or certificate of occupancy17-5 for any building or structure in the absence of a duly obtained certificate of appropriateness required by this Section. b. Nothing in this Section shall be construed to prevent the ordinary maintenance, painting or repair of any building or structure which does not require a building permit; to prevent the alteration or remodeling of the interior of a building where no exterior changes will occur; nor to prevent the demolition of any structure which the Building Inspector/Official shall certify in writing to the Design Review Commission is required for public safety because of an unsafe or dangerous condition.(2) Special use permit. A special use permit shall be required for any development or use of land which is designated in Chapter 17.24 of this Title as a "special use." Such permit shall be required in addition to a certificate of appropriateness and any other permits required by this or any other title in this Code.(3) Building permit. A building permit shall be required in accordance with the requirements of the building code. No building permit shall be issued until and unless all applicable regulations of this Title are met. (Ord. 320 Art. I(E), 1981; Ord. 2 §1, 2001)17.04.060 Establishment of Design Review Commission.A Design Review Commission (DRC) shall be established as stipulated under Chapter 17.08 and shall have the duties and responsibilities as defined by that Chapter. The issuance of a certificate of appropriateness shall be the responsibility of the DRC. (Ord. 320 Art. I(F), 1981)17.04.070 Enforcement and penalties.(a) It shall be unlawful for any person, including an owner, occupant, builder or agent, to develop or use, or to attempt to develop or use, any real property in violation of the provisions of this Title, and violations of this Title shall be punishable upon conviction for each separate offense by a fine up to five hundred dollars ($500.00), or imprisonment up to ninety (90) days in jail, or by both such fine and imprisonment.(b) No building permit, water or sewer system connection permit, access permit or other permit shall be issued for any building, development, structure, lot or parcel created, used, sold or conveyed in violation of this Title.(c) All persons are presumed to know the terms and requirements of this Title and the extent of the legal authority of the Town and its employees, boards and commissions to issue approvals or permits hereunder. Any permit or approval issued in error, or otherwise not in conformity with the requirements of this Title, shall be voidable. Similarly, any permit or approval issued in reliance upon or as a result of a materially false statement or representation made in the process of obtaining a permit or development approval shall, likewise, be void. Any person having received a void or voidable permit or approval shall not be relieved from having to comply with all applicable terms and conditions of the Title, and the Town shall not be estopped from fully enforcing the same. (Ord. 2 §1, 2001)17-6 CHAPTER 17.08Design Review Commission17.08.010 Purpose.This Chapter is intended to promote the educational, cultural, economic and general welfare of the public through the protection, enhancement and use of structures and areas of the Town. In order to maintain the character and beauty of such structures and areas, restrictive requirements governing both the use of land and the erection, moving, demolition, reconstruction, restoration or alteration of structures thereon are provided. In addition, provisions are made for the appointment of the Design Review Commission to advise the Planning Commission, Board of Adjustment, Building Inspector/Official and Board of Selectmen in matters pertaining to this Chapter. (Ord. 141 §7(A), 1960; Ord. 274 §5(part), 1978)17.08.020 Definitions.As used in this Chapter, the following terms have the following meanings:Alteration means to modify, change, diminish, remove or enhance an exterior architectural feature and/or surface of a building or structure, excepting activity constituting ordinary maintenance or repair.Building Inspector or Building Official means the Town official charged with the responsibility of administering and enforcing the Town's building codes.Certificate of appropriateness means the official document issued by the Design Review Commission approving and/or concurring in an application or permit for the erection, moving, demolition, alteration or addition to, or the external construction or external restoration of any building or structure, inclusive of driveways, parking areas, patios, sidewalks and walkways, fences and walls, but excluding and excepting live vegetation (trees, shrubs and flora) utilized in landscaping and man-made landscaping structures less than fifteen (15) inches in height above grade, yard art, and signs for which no permit is required under the Town's sign regulations, and excepting ordinary maintenance and repair.Exterior architectural feature means the architectural style and general arrangement of the exterior of the structure, including type and texture of the building materials and including all windows, doors, lights, signs and other fixtures appurtenant thereto.Good repair means a condition which not only meets minimum standards of health and safety, but which also guarantees continued attractiveness, continued structural soundness and continued usefulness.Historic landmark structure means an individual structure determined by the Design Review Commission to be historically and/or architecturally significant.Historical and/or architectural significance means that which has a special historic or aesthetic interest or value as part of the development, heritage or cultural character of the Town, region, state or nation.17-7 Ordinary maintenance or repair means any work, for which a building permit is not required by law, where the purpose and effect of such work is to correct any deterioration or decay of or damage to a structure or any part thereof and to restore the same, as nearly as may be practicable, to its condition prior to the occurrence of such deterioration, decay or damage.Reconstruction means the work of rebuilding a structure but not attempting to put it back into its exact original form.Restoration means the work of putting a structure back into its near or exact original form where it has been modified since original construction but deteriorated due to neglect, or has been damaged. (Ord. 141 §7(B), 1960; Ord. 274 §5(part), 1978; Ord. 2 §2, 2001)17.08.030 Restrictions.Unless otherwise specifically provided in this Chapter, the following restrictions shall apply to all development within the Town::(1) The erection, moving, demolition, alteration or addition to, or the external reconstruction or external restoration of any building or structure, inclusive of driveways, parking areas, patios, sidewalks and walkways, fences and walls, but excluding and excepting live vegetation (trees, shrubs and flora) utilized in landscaping and man-made landscaping structures less than fifteen (15) inches in height above grade, yard art, and signs for which no permit is required under the Town's sign regulations, shall be prohibited unless a certificate of appropriateness has been granted by the Design Review Commission.(2) All structures and grounds shall be kept in good repair. (Ord. 141 §7(C), 1960; Ord. 274 §5(part), 1978; Ord. 2 §2, 2001)17.08.040 Design areas.(a) The dividing of the Town into design areas has taken into consideration the level, type and intensity of existing development; the compatibility of associating various types, designs, placement and compatibility of structures; and the functional interrelationships of various land use types. Homogeneity within an area or district was a prime objective based on the concept of neighborhood. The design of each structure should ensure that the structure fits into the existing or anticipated development pattern that surrounds it. Where such patterns have been established by existing land use, intensity of use, structural types, existing circulation and/or natural features, approval of a certificate of appropriateness is expected to recognize these patterns and be compatible with them.(b) The Town is hereby divided into the following design areas or districts:(1) Historic area. a. Boundaries. The boundaries shall be from Eleventh Street and its lineal extension to the eastern and western Town boundary, then southerly to the southern boundary of the Town. b. Definition. This area includes all but a few of the Town's historic structures and the hillsides which form the natural setting of the Town. In this area, compatibility with the design of historic structures will take precedence over the design of post-1920 structures.17-8 (2) Millsite area. a. Boundaries. The boundaries shall commence at the midpoint of the intersection of Eleventh Street and Taos, then along the midline of Eleventh Street to the eastern boundary of the Town, along the eastern boundary northerly to the midline of Fifteenth Street, westerly along the midline of Fifteenth Street to the midline of Clear Creek, southerly along the midline of Clear Creek to the midline of Fourteenth Street, easterly along the midline of Fourteenth Street to the midline of Taos and southerly along the midline of Taos, to the point of beginning at the midpoint of the intersection of Taos and Eleventh Street. b. Definition. This area is a buffer between the development patterns, character and structures of the historic area and the more contemporary structures of the meadows and gateway areas.(3) Meadows area. a. Boundaries. The boundaries shall be from the midpoint of the intersection of Fifteenth Street and Clear Creek and its lineal extension to the eastern boundary of the Town, along the eastern boundary northerly to the northern boundary, westerly along the northern boundary to the midline of Clear Creek and southerly along the midline of Clear Creek to the point of beginning at the midpoint of the intersection of Fifteenth Street and Clear Creek. b. Definition. The development pattern of this area is significantly different from that of the historic, transition and gateway areas. New development should consider the mountain terrain and environment and provide for maximum variety in building design which respects and harmonizes with, but does not copy, the building designs in the other areas.(4) Gateway area. a. Boundaries. The boundaries shall be from the midpoint of the intersection of Taos and Eleventh Street, westerly along the midline of Eleventh Street to the western boundary of the Town, along the western boundary northerly to the northern boundary, easterly to the midpoint of Georgetown Lake and Clear Creek, then southerly along the midline of Clear Creek to the midline of Fourteenth Street, easterly along the midline of Fourteenth to the midline of Taos, and then southerly along the midline of Taos to the midpoint of the intersection of Taos and Eleventh Street. b. Definition. This area is bisected by Highway I-70 and includes the Town's single exit/access to the highway. The area is mostly commercial in nature. Special concerns include the need to provide visitor services while avoiding the appearance of strip development. The area is also a transitional area between the development patterns, character and structures of the historic area and the more contemporary development patterns, character and structures of the meadows and transition areas. This area may require significant change in the pattern of population density and architectural development as it continues to develop. c. Character areas. Design districts or areas may be subdivided into individual character areas which reflect and shall be established to maintain, promote or enhance unique or different architectural elements and patterns that are associated with, or derive from, particular structures or uses within a given design district or area. Character areas shall have and include their own17-9 design criteria that shall overlay, regulate and guide development in addition to the criteria that apply generally within a design district or area. (Ord. 448 §1, 1992; Ord. 2 §2, 2001)17.08.070 Design Review Commission created.(a) There is created in and for the Town the Design Review Commission, hereinafter referred to in this Chapter and elsewhere within this Title as the "Commission," with the powers and duties as set forth in this Chapter.(b) Wherever in this Code reference is made to the Historic Preservation Commission, whether in this Chapter or elsewhere, such reference hereafter shall be deemed and construed to mean Design Review Commission.(c) All duties, powers and authority of the Historic Preservation Commission, as defined by any Title of this Code or any ordinance of this Town, shall be vested in the Design Review Commission.(d) All persons who are presently members of the Historic Preservation Commission shall continue to serve for the remainder of the term of each of them as members of the Design Review Commission, and all matters now pending before the Historic Preservation Commission shall be deemed to be pending before and shall be decided by the Design Review Commission.(e) The term of each member shall expire on July 1 in the year of expiration, provided that each member shall serve until his or her successor is appointed and assumes membership on the Design Review Commission. (Ord. 329 §1, 1982; Ord. 348 §2, 1983)17.08.080 Membership; term of office.(a) The Design Review Commission shall consist of seven (7) members appointed by the Board of Selectmen. Members shall serve overlapping terms of three (3) years, or until a qualified successor is appointed. Alternate members may be appointed to the DRC in accordance with Chapter 2.70 of this Code. No member of the DRC may simultaneously serve on the Planning Commission, Board of Adjustment or Board of Selectmen as an elected, appointed, regular or alternate member.(b) Not less than four (4) members of the DRC shall own real property within the Town, all members shall have knowledge or interest in historical preservation, and all members must be citizens and residents of the Town, except for nonvoting ex officio members.(c) A licensed or registered architect shall be appointed by the DRC to serve as a consultant and nonvoting ex officio member of the Commission.(d) Members of the DRC may be removed from office for nonattendance or other just cause by the Board of Selectmen after a hearing. Any member subject to removal shall receive written notice of the grounds for his or her removal prior to the hearing thereon. Nonattendance shall mean the failure to attend more than three (3) consecutive DRC meetings, or a failure to attend at least sixty percent (60%) of the regularly scheduled DRC meetings in any six-month period. A successor shall be timely appointed to serve out the unexpired term created whenever a vacancy occurs on the DRC. (Ord. 141 §7(F)(1), 1960; Ord. 274 §5(part), 1978; Ord. 515 §1, 2000)17-10 17.08.090 Procedures; meetings.(a) The Commission shall adopt and publish such rules of procedure as it deems necessary and reasonable to carry out its responsibilities. All rules adopted by the Commission must be consistent with the provisions of this Title and must be approved by the Board of Selectmen.(b) The Commission shall elect a chairperson and vice-chairperson from among its members, each of whom shall serve a term of one (1) year and who shall be eligible for reelection.(c) All meetings of the Commission shall be conducted in accordance with the Colorado Open Meetings Law, inclusive of the taking and keeping of minutes, and any person or his or her authorized representative may appear and be heard on any business before the Commission. Minutes and other records of Commission meetings shall be available for public inspection during regular business hours in the office of the Town Clerk. Notice of Commission meetings shall be posted at Town Hall not less than three (3) days prior to such meetings.(d) Four (4) members of the Commission, exclusive of any ex officio member, shall constitute a quorum for the transaction of business at any meeting, and all official actions shall require the concurrence of a majority of those members present. (Ord. 141 §7(F)(2), 1960; Ord. 274 §5(part), 1978; Ord. 515 §1, 2000)17.08.100 Powers and duties.The Design Review Commission shall have the following duties and powers:(1) To issue or withhold certificates of appropriateness in accordance with the regulations contained in this Chapter;(2) To advise the Town Planning Commission, the Board of Selectmen, the Board of Adjustment, the Building Inspector/ Official and other public agencies in matters involving structures and areas of historic and/or architectural significance;(3) To propose from time to time to the Planning Commission and the Board of Selectmen the establishment or disestablishment of structures and/or areas for historic preservation under the provisions of this Chapter;(4) To conduct surveys of structures and areas for the purpose of determining those of historic and/or architectural significance; to maintain and periodically revise detailed listings of such historically and/or architecturally significant structures and areas; and to classify information about them with respect to national, state, regional or local significance, as to period or field of interest, or otherwise;(5) To make recommendations concerning the establishment of an appropriate system of markers for such structures and areas;(6) To advise owners or residents of historic and/or architecturally significant structures or areas of problems and techniques of, and resources for, historic preservation;17-11 (7) To make recommendations concerning the preparation and publication of maps, brochures and descriptive material about the Town's structures and areas of historic and/or architectural significance;(8) To promote public interest in the purposes described in this Section by carrying on a public relations program;(9) To assist and encourage any organization or persons who desire to protect, enhance, or perpetuate the use of structures and areas of historic and/or architectural significance;(10) To encourage and assist in the establishment of educational and cultural programs, tours and events to advance the purposes described in this Section.(11) The Design Review Commission may from time to time establish written design guidelines, subject to the approval of the Board of Selectmen. The Board's approval shall be by resolution. (Ord. 141 §7(F)(3), 1960; Ord. 274 §5(part), 1978; Ord. 412 §1, 1988; Ord. 2 §2, 2001)17.08.110 Recommendation to Planning Commission required when.The Planning Commission shall not act on any plan, zoning application, proposed plat or other matter pertaining to property without first consulting and obtaining the written recommendation of the Design Review Commission. (Ord. 141 §7(F)(4)(a), 1960; Ord. 274 §5(part), 1978)17.08.120 Actions of Building Inspector/Official.(a) No building or other permit required to undertake development activity that is subject to the review and approval of the Design Review Commission shall be issued by the Building Inspector/Official absent the issuance of a certificate of appropriateness in accordance with the provisions of this Chapter.(b) The Town Clerk shall, upon the receipt of an application for a certificate of appropriateness and/or building permit, refer the application to the Building Inspector/Official for initial review and recommendation. This review shall be for the purpose of preliminarily determining if the application generally complies with the zoning, land use, building and other codes of the Town.(c) If the Building Inspector/Official determines from the initial review that the application fails to comply with the zoning, land use, building or other codes of the Town, he or she shall so advise the applicant, and no further action shall be taken on the application. The Building Inspector/Official shall complete his or her initial review of the application within fifteen (15) days of referral by the Town Clerk, unless the application is of such complexity or size as to require a longer period to complete the review.(d) If the Building Inspector/Official determines from the initial review that the application preliminarily complies with the zoning, land use, building and other codes of the Town, he or she shall forward the application and all attachments along with his or her findings to the secretary for the Design Review Commission. (Ord. 448 §2, 1992; Ord. 2 §2, 2001)17-12 17.08.130 Procedure for issuance of certificate of appropriateness; issuance; notice; expiration.(a) Upon receipt by the Commission of a completed application for a certificate of appropriateness and/or building permit which requires a certificate of appropriateness, the application shall be agendized within a reasonably prompt time for review at a public meeting. Public notice of the meeting in the form prescribed by Section 17.12.050(b)1 of this Title shall be (1) posted at a prominent location on the property subject to the application facing the nearest public right-of-way, and (2) prominently posted at Town Hall and designated posting locations not less than ten (10) days prior to the meeting; except that the posting of notice on the property shall not be required for minor projects as designated by the Planning and Design Review Commissions pursuant to Section 17.12.040 of this Title. Advance notice of the meeting shall also be provided to the applicant not less than three (3) days prior to the meeting by either telephone or mail, or in person. A failure by an applicant to attend the meeting on his or her application may cause the Commission to deny the application, or continue the matter to a later date convenient to the Commission.(b) In determining the recommendation to be made concerning the issuance of a certificate of appropriateness, the Commission shall consider the following criteria:(1) The effect of the proposed change upon the general historic and/or architectural character of the structure or area.(2) The architectural style, arrangement, texture and materials used on existing and proposed structures, and their relation to other structures in the area.(3) The effects of the proposed work in creating, changing, destroying or affecting otherwise the exterior architectural features of the structure upon which such work is to be done.(4) The effects of the proposed work upon the protection, enhancement, perpetuation and use of the structure or area.(5) The use to which the structure or area will be put.(6) The condition of existing improvements and whether or not they are a hazard to public health or safety.(7) Compliance of the proposed development or work with all applicable design guidelines.(c) Unless otherwise specifically provided for in this Title, a certificate of appropriateness must be picked up and any fee therefor fully paid within one hundred eighty (180) days after the date of the Commission's written decision approving the same. Additionally, and to the extent not already applied for, application for a building permit for the work authorized by the certificate of appropriateness shall be submitted to the Town during the one-hundred-eighty-day period following approval of the certificate of appropriateness. A failure by an applicant to timely pick up and pay the fee for a certificate of appropriateness, or to timely submit an application for a building permit, shall cause the certificate to automatically expire and the development authorized thereunder shall not be permitted absent the application for and issuance of a new certificate. Additionally, development activity and/or work authorized under a certificate of appropriateness must be timely commenced and completed in accordance with the time limitations and requirements applicable to building permits17-13 contained in the Town's building code. (Ord. 141 §7(F)(4)(c), 1960; Ord. 274 §5(part), 1978; Ord. 448 §3, 1992; Ord. 2 §2, 2001; Ord. 2 §1, 2003; Ord. 5 §1, 2006)17.08.140 Decisions by Design Review Commission.(a) Decisions of the Design Review Commission on applications for a certificate of appropriateness shall be made in writing and shall set forth in plain language the Commission's findings and reasons with respect thereto. Unless otherwise specifically provided in this Title, copies of the decision shall be hand-delivered or sent by regular mail to the applicant and the Building Official not later than forty-five (45) days after the meeting at which the subject application was reviewed by the Commission.(b) The Commission may approve an application, deny an application, approve an application subject to specified conditions, or offer the applicant an opportunity to amend the application. If the applicant chooses to amend an application, he or she must do so within thirty (30) days. Should the applicant fail to timely amend the application, the application shall be deemed denied.(c) All decisions of the Commission approving an application shall contain findings with regard to the review criteria set forth in Section 17.08.130(b) above, and shall fully describe the nature of the activity that has been approved and the exact location where the approved activity is to occur. All conditions of approval shall be reasonably related to the criteria set forth in Section 17.08.130(b) and shall be identified in the Commission's written decision of approval. (Ord. 448 §4, 1992; Ord. 2 §2, 2001)17.08.160 Board of Adjustment action restriction.The Board of Adjustment shall not act on any variance or exception pertaining to property without first consulting and obtaining the written report of the Design Review Commission. No appeal may be made to the Board of Adjustment from any of the decisions of the Design Review Commission. (Ord. 141 §7(G), 1960; Ord. 274 §5(part), 1978; Ord. 2 §1, 2003)17.08.170 Appeal of decision.(a) Appeals of decisions of the Design Review Commission may be made to the Board of Selectmen. In such cases, the votes of at least four (4) members of the Board of Selectmen (not including the Police Judge) shall be required to overrule a decision of the Commission.(b) An applicant aggrieved of a decision of the Design Review Commission may appeal same to the Board of Selectmen by filing a written notice of appeal with the Town Clerk not more than fifteen (15) days from the date of the Commission's written decision. Such notice shall specify in plain language the grounds for the appeal and shall be accompanied by any required filing fee and a copy of the Commission's decision being appealed. Upon receipt of a timely notice of appeal, the Town Clerk shall schedule the matter for a hearing before the Board of Selectmen to be conducted not more than forty-five (45) days from the date the notice of appeal was received. Written notice of the time, date and place for the hearing shall be sent by regular mail or personally delivered not less than ten (10) days in advance thereof to the appellant and, if different, the permit applicant. Notice of the hearing shall also be posted at Town Hall and other designated locations and published in a newspaper of general circulation within the Town not less than ten (10) days prior to the hearing.17-14 Absent good and just cause, the failure of an appellant to attend the hearing on his or her appeal shall constitute an abandonment of the appeal and no further proceedings shall be had thereon.(c) All hearings on appeal shall be based on the record of the proceedings before the Design Review Commission and the appellant shall carry the burden of persuasion with regard to all issues on appeal. The Board of Selectmen shall evaluate a decision of the Commission under an abuse of discretion standard, taking into consideration the requirements and criteria applicable to certificates of appropriateness. Decisions of the Board of Selectmen shall be entered not more than thirty (30) days from the conclusion of the hearing and shall be reduced to writing, a copy of which shall be promptly mailed to the appellant.(d) The Board of Selectmen may prescribe such conditions for the issuance of a certificate of appropriateness as it finds warranted or necessary based upon the information contained in the record of the proceedings compiled before the Design Review Commission.(e) Following the approval of a certificate of appropriateness by the Board of Selectmen on appeal, the appellant may apply for a building permit provided that all other applicable codes and requirements of this Title have been met. (Ord. 141 §7(I), 1960; Ord. 274 §5(part), 1978; Ord. 2, 2001; Ord. 2 §1, 2003)17.08.180 Ordinary maintenance or repair permitted.Nothing in this Chapter shall be construed to prevent ordinary maintenance or repair of any structure. (Ord. 141 §7(H), 1960; Ord. 274 §5(part), 1978)CHAPTER 17.12Procedures17.12.010 General.(a) The procedures described in this Chapter are intended to simplify the process of applying for required permits and other approvals by providing a unified and coordinated process of review for all proposed development in the Town. Differing types of approvals are necessary, depending upon the type and complexity of the proposed development, and various permits are required. Wherever appropriate and applicable to the development, it is intended that all applications for the necessary permits and approvals may be made concurrently.(b) The procedures and requirements described herein shall apply to applications for certificates of appropriateness, special use permits, subdivisions and amendments to the district map (rezoning). No hearing shall be required for an application for a building permit; however, no such permit shall be issued until a certificate of appropriateness for the proposed building has been issued. (Ord. 320 Art. II(A), 1981)17.12.020 Application fees.The Board of Selectmen may establish reasonable fees to defray the costs of processing any application submitted under this Title, inclusive of fees to cover the mailing of notices and costs incurred for outside consultants, including planners, engineers and lawyers, utilized by the Town to17-15 review and evaluate the application. All fees or fee deposits shall be paid at the time an application is submitted and shall not be refunded unless the applicant withdraws his or her request prior to the mailing of referrals and/or notices by the Town staff, and/or prior to the Town incurring costs and expenses for consultants retained to review and evaluate the application. Fees shall reflect the reasonable and approximate cost to the Town of processing an application and may be revised from time to time as necessary. (Ord. 320 Art. II(B), 1981; Ord. 2 §3, 2001)17.12.030 Submission of application.(a) All applications for review and approval of a proposed development shall be submitted to the Town Clerk along with as many copies as necessary to provide a copy for each member of each board that will review the application. Such application shall be on a form provided by the Town and shall include the names and addresses of all persons having a legal or recorded interest in the property on which development is proposed. An application may be submitted by the property owner, his or her architect or contractor, or other person designated in writing by the property owner to apply on his or her behalf.(b) The application shall include all maps, plans and other information as listed in Chapter 17.36 of this Title for each applicable type or category and stage of development; however, when the same information is required for each category, duplication is not required. No application shall be accepted by the Town staff until and unless all required information and fees are submitted. (Ord. 320 Art. II(C), 1981; Ord. 2 §3, 2001)17.12.040 Minor applications.The Planning Commission and the Design Review Commission, in a joint action, may establish a special simplified procedure for review and approval of applications for certificates of appropriateness for projects of a relatively minor nature, such as projects not involving major or extensive construction or basic changes in building design or appearance. Such procedure may eliminate requirements for public notice and hearing if the request clearly meets the design criteria and other pertinent regulations for the district in which the property is located. In establishing any such procedure, the Commissions shall adopt a list of the particular types of actions and types of requests for which the special procedure may be used. Such list may be amended at any time by joint action of the Commissions. (Ord. 320 Art. II(D), 1981)17.12.050 Referral of application; notice requirements; fees.(a) Referral.(1) Upon receipt of a complete application and the full payment of all required fees, Town staff shall within fifteen (15) days distribute copies of the same accompanied by supporting materials to the Design Review Commission. Copies shall also be furnished to the Planning Commission where an application involves a special use permit, a rezoning or a PUD or subdivision. The following outside agencies shall also be provided copies of an application at the applicant's cost when deemed necessary and appropriate by the Town for a full review and evaluation of the activity involved in any given application, and particularly with regard to applications for preliminary and/or final subdivision or PUD plat approval:17-16 a. The Colorado Geologic Survey for evaluation of those geologic factors which would have a significant impact on the proposed development. b. The Upper Clear Creek Watershed Association for activities proposed in or along established water courses or within flood hazard zones or areas. c. Clear Creek County Environmental Health Department. d. The United States Forest Service, Clear Creek Ranger District and/or the Colorado Division of Wildlife. e. The Clear Creek School District. f. The Colorado Department of Transportation. g. Any public utility service provider. h. The Clear Creek Fire Authority. i. The Clear Creek County Planning Department. j. The Colorado Mined Land Reclamation Board. k. Such other agencies as deemed appropriate by the Town.(2) In the case of applications for a special use or PUD or subdivision development, the Town may retain the services of and refer applications to, in whole or in part, outside professional consultants, inclusive of engineers, surveyors, land use planners and legal professionals, to assist in the processing, review, evaluation, design and approval of the application, the cost of which shall be paid for by the applicant as part of the application/review fee. No permit shall be issued to any applicant prior to the full and timely payment of all fees associated and due with any permit application.(3) Town staff shall inform each outside agency receiving a request for review and referral comments that it must respond to such referral within thirty (30) days or such other time period as specified in the referral notice, and that a failure to timely respond shall be deemed to mean that the outside agency has no comments or objections to the development or activity proposed in the application. Reasonable extensions in the time period for submitting referral comments may be approved for good cause upon written request by the outside agency to the Planning Commission.(b) Notice requirements; mailed notice; posting; copies of application materials. Notices for meetings or public hearings at which the Design Review Commission, the Planning Commission or the Board of Selectmen will review and consider applications for development shall provide as follows:(1) All notices of public meetings or public hearings shall contain a brief and accurate description of the type and nature of the application and the development proposed therein; the time, date and location of the meeting and/or hearing; the name of the applicant and the address and/or location of the property and/or structure subject to the application; and an identification of17-17 the board conducting the meeting or hearing, along with an address/telephone number where additional information on the application may be obtained (e.g., Town Hall).(2) Notices concerning applications for certificates of appropriateness shall be timely issued in accordance with the requirements set forth in Section 17.08.130 of this Title.(3) Notices for public hearings before the Planning Commission on applications for special use permits shall be: (a) posted at a prominent location on the property subject to the application facing the nearest public street or right-of-way; (b) posted at Town Hall and other designated locations; and (c) mailed by regular mail, postage prepaid, to the applicant and all persons owning property within three hundred (300) feet, excluding public rights-of-way, of the property subject to the application. All posting and mailing shall occur not less than ten (10) days prior to the hearing or meeting identified in the notice.(4) Notices for public hearings before the Planning Commission on applications for subdivision, PUD and site specific zonings or rezonings shall be: (a) posted at a prominent location on the property subject to the application facing the nearest public street or right-of-way; (b) posted at Town Hall and other designated locations; (c) mailed by regular mail, postage prepaid, to the applicant and all persons owning property within three hundred (300) feet, excluding public rights-of-way, of the property subject to the application; and (d) published in a newspaper of general circulation within the Town. All posting, mailing and newspaper publication shall occur not less than ten (10) days prior to the hearing or meeting identified in the notice.(5) Notice by mail to persons other than an applicant is provided for purposes of convenience only, and a failure by any person other than an applicant to have received a mailed notice shall not constitute grounds to delay or deny an application, or a meeting or hearing on an application, so long as the other types of notice required by this Section were timely and properly provided.(6) For purposes of this Section, the names and addresses of the owners of properties within three hundred (300) feet of the property that is the subject of a hearing or meeting shall be those as listed in the most recent real property tax records for Clear Creek County as of the date the subject application was filed with the Town.(7) The accurate and timely noticing by posting and mail required in this Section shall be performed by the applicant under the guidance of the Town Clerk, while the Town shall be responsible for the noticing by newspaper publication. Posted notices shall not be less than twenty-two (22) inches wide and twenty-six (26) inches long, shall be constructed of waterproof/weather-resistant materials, shall utilize print not less than one (1) inch in height, and shall be placed facing the street at a conspicuous place on the subject property. The cost of all noticing shall be paid by the applicant.(8) At least one (1) copy of the development application and all supporting documentation supplied by the applicant, inclusive of maps and design plans, shall be made available at the applicant's expense for public inspection at Town Hall during regular business hours not less than ten (10) days prior to any noticed meeting or public hearing on the application. (Ord. 320 Art. II(E), 1981; Ord. 2 §3, 2001)17-18 17.12.060 Review and approval; certificate of appropriateness.Review and approval or denial of an application for a certificate of appropriateness by the Design Review Commission shall be conducted pursuant to Chapter 17.08. (Ord. 320 Art. II(F), 1981; Ord. 2 §1, 2003)17.12.070 Review and approval for special use permits.(a) Design Review Commission action. The Design Review Commission shall review all applications for a special use permit at a noticed public meeting not less than seven (7) days prior to the public hearing on the application before the Planning Commission. Public notice of the meeting shall be provided not less than ten (10) days in advance thereof, and shall conform to the requirements set forth in Section 17.08.130(a) of this Title. The applicant or a duly designated representative shall be present at the meeting unless excused by the Commission. An unexcused failure by an applicant or a designated representative to attend the meeting shall constitute grounds to recommend denial of the application, or to continue the matter to a later date convenient to the Commission. Upon reviewing an application for conformity and compatibility with the applicable design review guidelines set out in Section 17.08.130(b) of this Title, the Commission shall promptly, and in no event later than five (5) days prior to the hearing on the application before the Planning Commission, report its findings and recommendations in writing to the Planning Commission, and mail by regular mail, or hand-deliver, a copy thereof to the applicant. A certificate of appropriateness shall not be issued by the Design Review Commission for any proposed special use or development associated therewith until and unless the Planning Commission grants final approval for the special use permit.(b) Planning Commission action.(1) The Planning Commission shall consider an application for a special use permit at a noticed public hearing not later than sixty (60) days after the filing of a complete application with the Town, inclusive of the payment of all required fees, unless the applicant or a referral agency makes written request to extend the time and the applicant and the Planning Commission agrees to the extension; or unless the applicant fails to appear before the Design Review Commission as required in Subsection (a) above.(2) At the conclusion of the hearing, or any continuance thereof, the Commission shall approve, disapprove or conditionally approve the application. If the application is disapproved or conditionally approved, the applicant may revise his or her application, or any portions thereof, and resubmit it to the Commission to be heard at a subsequently called and noticed public hearing.(3) The decision of the Planning Commission shall be reduced to writing and shall set forth in plain language the Commission's findings and reasons with respect thereto. Copies of the decision shall be hand-delivered or sent by regular mail to the applicant and the Building Official not later than thirty (30) days after the public hearing on the application.(4) The Commission may continue a public hearing on an application from time to time to allow an applicant to provide absent or additional information necessary to review and evaluate an application. A failure by an applicant to timely and fully provide information or materials required by this Title shall constitute just cause to deny an application.17-19 (5) The Planning Commission shall not approve an application for a special use permit unless the application and proposed special use: a. Conform with the applicable criteria set forth in Chapter 17.24 of this Title; b. Substantially conform to the purposes, intent and guidelines of the zone district in which it is proposed; and c. Are consistent with the Town's comprehensive plan.(c) Appeals.(1) An applicant or person aggrieved of a decision of the Planning Commission may appeal the same to the Board of Selectmen by filing a written notice of appeal with the Town Clerk not more than fifteen (15) days from the date of the Commission's written decision. Such notice shall specify in plain language the grounds for the appeal and shall be accompanied by any required filing fee and a copy of the Commission's decision being appealed. Upon receipt of a timely notice of appeal, the Town Clerk shall schedule the matter for a hearing before the Board of Selectmen, to be conducted not more than forty-five (45) days from the date the notice of appeal was received. Written notice of the time, date and place for the hearing shall be sent by regular mail or personally delivered not less than ten (10) days in advance thereof to the appellant and, if different, the permit applicant. Notice of the hearing shall also be posted at Town Hall and other designated locations and published in a newspaper of general circulation within the Town not less than ten (10) days prior to the hearing. Absent good and just cause, the failure of an appellant to attend the hearing on his or her appeal shall constitute an abandonment of the appeal and no further proceedings shall be had thereon.(2) All hearings on appeal shall be based on the record of the proceedings before the Planning Commission and the appellant shall carry the burden of persuasion with regard to all issues on appeal. The concurring vote of four (4) members of the Board of Selectmen shall be required to reverse, reverse in part or modify a decision of the Planning Commission. The Board of Selectmen shall evaluate a decision of the Commission under an abuse of discretion standard, taking into consideration the requirements and criteria applicable to special use permits. Decisions of the Board of Selectmen shall be entered not more than thirty (30) days from the conclusion of the hearing and shall be reduced to writing, a copy of which shall be promptly mailed to the appellant and, if different, the permit applicant.3. The Board of Selectmen may prescribe such conditions for the issuance of a permit as it finds warranted or necessary based upon the information contained in the record of the proceedings compiled before the Planning Commission.(d) Subsequent actions by applicant. Following the approval of a permit application by the Planning Commission or Board of Selectmen on appeal, the applicant may apply for a building permit provided that all other applicable codes and ordinances have been met, including the requirements of this Title concerning a certificate of appropriateness. All development action by an applicant following the issuance of a permit shall be in accord with the application approval, inclusive of materials; and any revision of any portion of the approved plans covered by a special use permit must first be reviewed and approved by the Town in accordance with the procedures in this Chapter. (Ord. 320 Art. II(G), 1981; Ord. 2 §3, 2001 Ord. 2 §1, 2003)17-20 17.12.080 Site-specific amendment to district map (rezoning).(a) Design Review Commission action. All applications for a site-specific change in the Town's zone district map shall initially be referred to the Design Review Commission for review and recommendation at a public meeting, which meeting shall be conducted not less than seven (7) days prior to the public hearing to be held on the matter by the Planning Commission. Notice of the meeting shall be provided in accordance with Section 17.08.130 of this Title; except, however, that the applicant or owner of the property subject to the application need not attend the meeting at his or her discretion. After reviewing the application and proposed rezoning for compatibility with the requirements of this Title and the character of the land area and structures surrounding the subject property, the Commission shall promptly, and in no event later than five (5) days prior to the hearing on the application before the Planning Commission, report its findings and recommendations to the Planning Commission in writing, and mail by regular mail, or hand-deliver, a copy thereof to the applicant and, if different, the owner of the land subject to the application. A certificate of appropriateness shall not be issued by the Design Review Commission for any proposed zoning or rezoning until and unless the Board of Selectmen grants final approval of the subject application pursuant to the terms of this Section.(b) Planning Commission action. The Planning Commission shall review and consider a request for site-specific zoning or rezoning at a noticed public hearing not later than sixty (60) days after the date on which a completed application was filed with the Town, inclusive of the payment of all required fees, unless the Commission receives a written request by the applicant to extend such time, or the applicant consents to an extension of the time at the request of the Commission. At the conclusion of the hearing, and in no event later than thirty (30) days thereafter, the Commission shall issue its findings and recommendations in writing and forward same to the Board of Selectmen. A copy of the Commission's findings and recommendations shall be mailed by regular mail, or hand- delivered, to the applicant and, if different, the owner of the land subject to the application. If the Commission fails to submit a report within the forty-five (45) days allowed hereunder, the Commission shall be deemed to have approved the zoning/rezoning application as submitted.(c) Board of Selectmen action. The Board of Selectmen shall review and consider a request for a site-specific zoning or rezoning at a noticed public hearing not later than forty-five (45) days after the date of the Planning Commission's written recommendations and findings concerning the subject application. Notice of the hearing shall be provided by: (1) publication in a newspaper of general circulation in the Town not less than fifteen (15) days prior to the hearing; (2) posting at a prominent location on the subject property facing the nearest street or public right-of-way and at Town Hall and other designated locations not less than ten (10) days in advance of the hearing; and (3) mailing by regular mail, postage prepaid, not less than ten (10) days prior to the hearing to the applicant, property owner and all persons owning property within three hundred (300) feet of the property subject to the zoning/rezoning application. The form of the notice and other noticing criteria shall be the same as set forth in Subsections 17.12.050(b)(1) and (b)(5) through (b)(8) of this Title. Decisions of the Board of Selectmen on applications for site-specific zonings or rezonings shall be made by written resolution and shall be entered not less than thirty (30) days after the conclusion of the public hearing thereon. In determining whether to grant or deny a site specific zoning or rezoning request, the Board shall consider the following:(1) Whether there has been a change in the character or land uses in the neighborhood or the Town warranting the requested zoning/rezoning.17-21 (2) Whether the proposed zoning or rezoning will be consistent and blend with the character and land uses in the area surrounding the land subject to the application.(3) Whether the proposed zoning or rezoning is consistent with the guidelines, goals and purposes contained in and underlying the Town's comprehensive plan.(4) Whether an error was made with respect to the original zoning designation for the subject land.(5) Whether the proposed zoning or rezoning will enhance or advance the public health, safety and welfare.(6) In the event a written protest is filed with the Town Clerk against the proposed zoning or rezoning at least twenty-four (24) hours prior to the vote of the Board of Selectmen thereon, and such protest is signed by the owners of not less than twenty percent (20%) of the land area surrounding and extending one hundred (100) feet from the land area which is the subject of the proposed change, disregarding intervening streets and other public rights-of-way, such change shall not be adopted or become effective except upon the favorable vote of four (4) members of the Board of Selectmen.(d) Exceptions; non-site-specific zoning or rezoning; amendments to the text of Title 17. Non- site-specific zoning and rezoning, i.e., area-wide zonings or rezonings involving multiple lots and/or parcels as opposed to the zoning or rezoning of an individual or discrete lot or parcel, and proposed amendments to the text of this Title, shall be excepted from the noticing requirements set forth in this Section; except that area-wide zonings and rezonings and text amendments shall not become effective except by ordinance or resolution, as required in a given case, adopted after a public hearing before the Board of Selectmen, which hearing shall be preceded by public notice posted at Town Hall and other designated locations and published in a newspaper of general circulation in the Town not less than fifteen (15) days prior to such hearing. (Ord. 320 Art. II(H), 1981; Ord. 2 §3, 2001; Ord. 2 §1, 2003)17.12.090 Subdivision.(a) Conceptual subdivision approval.(1) Design Review Commission action. All applications for conceptual subdivision approval shall initially be referred to the Design Review Commission for review and recommendation at a public meeting, which meeting shall be conducted not less than seven (7) days prior to the public meeting to be held on the matter by the Planning Commission. Notice of the meeting shall be provided in accordance with Section 17.08.130 of this Title; except, however, that the applicant need not attend the meeting at his ore her discretion. After reviewing the application and proposed subdivision for compatibility with the character of the land area and structures surrounding the subject property and the requirements of this Title, the Commission shall promptly, and in no event later than five (5) days prior to the meeting on the application before the Planning Commission, report its findings and recommendations to the Planning Commission in writing, and mail by regular mail, or hand-deliver, a copy thereof to the applicant. A certificate of appropriateness shall not be issued by the Design Review Commission for any proposed subdivision or development associated therewith until and unless the Board of Selectmen grants final plat approval for the subdivision.17-22 (2) Planning Commission action. a. The Planning Commission shall review and consider a request for conceptual subdivision approval, along with any referral comments and recommendations from any department or agency, at a public meeting not later than sixty (60) days after the date on which a complete application was filed with the Town, inclusive of the payment of all required fees, unless the Commission receives a written request by the applicant to extend such time, or the applicant consents to an extension of the time at the request of the Commission. Public notice of the meeting shall be posted at Town Hall and other designated locations and mailed to the applicant not less than ten (10) days in advance thereof, and shall conform to the requirements set forth in Section 17.12.050(b)(1) of this Chapter. At the conclusion of the meeting, and in no event later than thirty (30) days thereafter, the Commission shall issue its findings and approve, disapprove or conditionally approve the application in writing. If disapproved or conditionally approved, the applicant may be allowed to revise his or her application and resubmit it for consideration at a subsequently scheduled and noticed public meeting. b. The Commission shall not grant approval for a conceptual subdivision application absent substantial compliance of the subdivision plan with the Town's comprehensive plan and the applicable criteria set forth in Chapter 17.28 and Section 17.36.060(1) of this Title. c. Approval or conditional approval of a conceptual subdivision plan shall be valid for one (1) year from the date thereof and shall not constitute an acceptance or approval of any subsequent submission regarding the proposed subdivision. A failure by an applicant to submit an application for preliminary plat approval within one (1) year from the date of the conceptual approval shall cause the conceptual approval to automatically expire; except where, for good cause shown, the Planning Commission, acting within the original one-year approval period, extends such period.(b) Preliminary subdivision plan/plat review.(1) Design Review Commission action. The Design Review Commission shall review and make recommendations concerning the preliminary subdivision plan/plat in the same manner as required above for conceptual plan review.(2) Planning Commission action. a. The Planning Commission shall review and consider a request for preliminary subdivision plat approval, along with any referral comments and recommendations from any department or agency, at a noticed public hearing not later than sixty (60) days after the date on which a complete application was filed with the Town, inclusive of the payment of all required fees, unless the Commission receives a written request by the applicant to extend such time, or the applicant consents to an extension of the time at the request of the Commission. At the conclusion of the hearing, and in no event later than thirty (30) days thereafter, the Commission shall issue its findings and approve, disapprove or conditionally approve the application in writing. If disapproved or conditionally approved, the applicant may be allowed to revise his or her application and resubmit it for consideration at a subsequently scheduled and noticed public hearing.17-23 b. Where any special use permit is being applied for concurrently with the application for approval of a preliminary plat, the Planning Commission may approve such application only if the proposal meets the applicable guidelines and criteria for approval of the special use, or the Commission has, for good cause, waived certain guidelines and criteria and has noted such waiver in its written approval. c. The Commission shall not grant approval of a preliminary subdivision plan/plat application absent substantial compliance of the plan/plat with the Town's comprehensive plan, the applicable criteria set forth in Chapter 17.28 and Section 17.36.060(2) of this Title, and the terms and conditions, if any, attached to the conceptual approval for the subdivision. d. Approval or conditional approval of a preliminary subdivision plan/plat shall be valid for one (1) year from the date thereof and shall not constitute an acceptance or approval of any subsequent submission regarding the proposed subdivision. A failure by an applicant to submit an application for final subdivision plat approval, either for the entirety or a portion of the subdivision, within one (1) year from the date of the preliminary approval, shall cause the preliminary approval to automatically expire; except where, for good cause shown, the Planning Commission, acting within the original one-year approval period, extends such period; and except where an application for final plat approval is timely submitted for less than all of the land within the proposed subdivision, in which case the preliminary approval for the remaining area shall automatically be extended for one (1) additional year.(c) Final subdivision plan/plat approval.(1) Within one (1) year after approval of a preliminary plat for a subdivision, or within the time period granted by an extension, the subdivision applicant shall file a final plat application with the Town Clerk. The final plat application shall include all of the documentation and information required by Section 17.36.060(3) of this Title. The application may be submitted for all or a portion of an area within a preliminary subdivision plat approved by the Planning Commission, and shall conform to all of the terms and conditions of that approval.(2) Referral. The Town staff shall distribute copies of the proposed final plan/plat and supporting documentation to all appropriate reviewing agencies and the Chairman of the Planning Commission, who shall, along with Town staff, review the application for conformity with the terms and conditions, if any, associated with the preliminary plan/plat approval and the final plat application requirements. This review shall include a review of all technical requirements and data to be incorporated into the final subdivision plan/plat by a registered professional engineer. If the application and supporting documents are not in conformity with the requirements of this Title, the application shall be returned to the applicant with a written statement of the deficiencies in the application. When the application is found to be in conformity with the final plat application requirements, inclusive of the payment of all application and review fees, and all necessary referral comments are returned, the application shall be scheduled for public hearing before the Board of Selectmen.(3) The Board of Selectmen shall consider the application for final subdivision plan/plat approval and the proposed final subdivision plat at a noticed public hearing conducted not later than thirty (30) days from the date on which the application was deemed complete by Town staff, or as soon thereafter as can be accommodated. Written notice conforming to the requirements contained in Section 17.12.050(b) of this Title shall be: (a) mailed, first class postage prepaid, to17-24 all owners of property within three hundred (300) feet of the proposed subdivision's boundaries; (b) posted at a prominent location on the property subject to the application facing the nearest public street or right-of-way; (c) published in a newspaper of general circulation within the Town; and (d) posted at Town Hall and other designated locations at least fifteen (15) days in advance of the hearing. The hearing may be continued for up to forty (40) days to allow for the gathering and submission of additional information deemed necessary to complete the Board's review, inclusive of referring the matter, or any particular item associated therewith, to the Planning Commission for additional study and recommendation. At the conclusion of the hearing, and after discussion and deliberation thereon, the Board shall vote to approve, approve with conditions or deny the application and final plat, and shall thereafter direct staff to prepare a written resolution with supporting findings reflecting the Board's decision for the Board's review and approval at its next regularly scheduled meeting.(4) The Board of Selectmen may only grant final subdivision plan/plat approval upon finding that the application substantially complies with the Town's comprehensive plan and the applicable criteria set forth in this Title, and that the proposed subdivision will not adversely impact the public heath, safety and welfare. The burden to demonstrate the application's and plan/plat's compliance with all applicable criteria shall rest with the applicant.(5) The Police Judge and Chairperson of the Planning Commission shall execute the approved final subdivision plat within a reasonable time after the applicant has submitted the same to the Town, along with any and all other documents and evidence, if necessary, demonstrating that all applicable conditions of approval for the subdivision have been satisfied, including the execution of a development or subdivision improvements agreement and the full payment of all fees. No person shall sell, transfer, convey, lease or rent, or negotiate to sell, transfer, convey, lease or rent, any lot or other property within the subdivision until the final subdivision plat has been duly recorded in the office of the Clear Creek County Clerk and Recorder.(6) The Police Judge and the Chair of the Planning Commission shall sign a reproducible Mylar original of the final subdivision plat and two (2) prints or copies thereof. One (1) copy or print will be returned to the applicant and the Town Clerk shall retain the other.(7) It shall be the responsibility of the Town Clerk to file the approved plat with the County Clerk and Recorder's office within ten (10) days of the date of signature. Simultaneously with the filing of the final plat, the Town Clerk shall also record the development or subdivision improvements agreement and any agreement for dedications, together with such other legal documents as may be required by the Town Attorney to be recorded. The applicant shall bear the cost of all recordation fees.(d) Appeals.(1) An applicant may appeal a decision of the Planning Commission denying a conceptual or preliminary subdivision application to the Board of Selectmen by filing a written notice of appeal with the Town Clerk not more than fifteen (15) days from the date of the Commission's written decision. Such notice shall specify in plain language the grounds for the appeal and shall be accompanied by any required filing fee and a copy of the Commission's decision being appealed. Upon receipt of a timely notice of appeal, the Town Clerk shall schedule the matter for a hearing before the Board of Selectmen to be conducted not more than forty-five (45) days from the date the notice of appeal was received. Ten-day advance written notice of the time, date and place for17-25 the hearing shall be posted at Town Hall and sent by regular mail or personally delivered to the appellant. Absent good and just cause, the failure of an appellant to attend the hearing on his or her appeal shall constitute an abandonment of the appeal and no further proceedings shall be had thereon.(2) All hearings on appeal shall be based on the record of the proceedings before the Planning Commission and the appellant shall carry the burden of persuasion with regard to all issues on appeal. The concurring vote of four (4) members of the Board of Selectmen shall be required to reverse a decision of the Commission. The Board of Selectmen shall evaluate a decision of the Commission under an abuse of discretion standard, taking into consideration the requirements and criteria applicable to conceptual and/or preliminary subdivision applications. Decisions of the Board of Selectmen shall be entered not more than thirty (30) days from the conclusion of the hearing and shall be reduced to writing, a copy of which shall be promptly mailed to the appellant. (Ord. 320 Art. II(1), 1981; Ord. 2 §3, 2001; Ord. 2 §1, 2003)17.12.100 Vested property rights.(a) Purpose. The purpose of this Section is to provide procedures necessary to implement the provisions of Article 68 of Title 24, C.R.S., and to exercise local municipal control over the creation and enforcement of vested property rights to the maximum extent allowed by law. In the event Article 68 of Title 24, C.R.S., should be repealed or declared invalid or unconstitutional by a court of competent jurisdiction, this Section shall be deemed to be repealed and the provisions hereof shall no longer be effective.(b) Vested property right; definition. Vested property right means the right to undertake and complete the development and use of property under the terms and conditions of a site specific development plan.(c) Site specific development plan; definition. Site specific development plan means a plan which has obtained final development approval under the standards and procedures as contained in this Title, inclusive of public notice and public hearing, and which describes with reasonable certainty the type and intensity of use for a specific parcel or parcels of property, and includes all terms and conditions of approval. A sketch plan, preliminary plan, variance, license, zoning, map, exemption, easement, permit, certificate of appropriateness or waiver shall not constitute a site specific development plan but may be incorporated into and become part of a site specific development plan.(d) Designation of site specific development plan for vesting of property rights. The following site specific development plans will create and cause property rights to vest as provided for in this Section:(1) A properly and fully executed final subdivision plat.(2) A properly and fully executed final PUD plat.(3) A properly and fully executed subdivision agreement, PUD agreement or other development agreement providing for vested rights.(4) A written land development agreement or authorization not otherwise identified in this Section which specifically provides for or incorporates a vested property right, and which was approved by the Board of Selectmen following notice and public hearing.17-26 (e) Conditional approval of site specific development plan. The Board of Selectmen 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. Failure to abide by such terms and conditions shall result in the forfeiture of any vested property rights.(f) Limitations; exceptions. Nothing in this Section is intended or shall create a vested property right beyond such right as defined in Article 68 of Title 24, C.R.S.. Once established in conformity with this Section, however, a vested property right shall preclude any zoning or land use action by the Town, inclusive of a citizen-initiated measure, which would alter, impair, prevent, diminish or impose a moratorium on the development or use of property as authorized by an approved site specific development plan, except:(1) With the consent of the development applicant; or(2) Upon the discovery of natural or man-made hazards on or in the immediate vicinity of the subject property which could not reasonably have been discovered at the time of the development or vested rights approval, and which if left uncorrected would pose a serious threat to public health, safety and welfare; or(3) To the extent compensation is paid as provided for in Article 68 of Title 24, C.R.S.Notwithstanding the foregoing, the establishment of a vested property right shall not preclude the application to any land use or development of ordinances or regulations which are general in nature and applicable to all property subject to this Title, including, but not limited to, fee assessments, water and sewer tap rationing and building, fire, plumbing and mechanical codes. Moreover, the vesting of a site specific development plan shall not exempt such plan from inspections, reviews or approvals deemed necessary by the Town to ensure compliance with the terms and conditions of the original development plan approval.(g) Public hearing and notice required. The approval of a site specific development plan creating vested property rights shall require a public hearing preceded by public notice. Such hearing and notice may be combined with any other public hearing and notice otherwise required under this Title. If not combined with another notice, notice of a public hearing on the vesting of a property right shall be given by publication in a newspaper of general circulation in the Town not less than seven (7) days in advance of the hearing.(h) Effective date of approval; duration of vested property rights.(1) A site specific development plan and vested property right shall only be deemed established upon the final action of the reviewing body or official designated under this Title with authority to grant final development approvals. The effective date of a site specific development plan and vested property right shall be the date on which a final plat, final development plan, development agreement or other applicable document memorializing a development approval and vested right as specified in this Section has been duly executed. A site specific development plan which has received final approval subject to conditions to be satisfactorily performed at some future date shall result in a vested property right unless there is a failure to abide by such conditions, in which event the vested property right shall be forfeited. In the event of amendments to a site specific development plan, the effective vesting date of any amendment shall be the date17-27 of the approval of the original plan unless otherwise specifically provided in the action or document approving and memorializing the amendment.(2) A site specific development plan that has been vested as provided under this Section shall remain vested for three (3) years from the plan's effective date. A longer initial vesting period, or an extension in the vesting period, may be granted upon a finding that a longer or extended vesting period will serve the public interest and welfare in view of all pertinent circumstances, including, but not limited to, the size and phasing of any given development, economic cycles or market conditions.(i) Document language. Each map, plat or other document constituting or memorializing a vested site specific development plan shall contain the following language: "Approval of this plan shall create a vested property right pursuant to Article 68 of Title 24, C.R.S., as amended, subject to the terms and limitations as contained in the Georgetown Municipal Code." A failure to include this statement shall not invalidate the creation of the vested property right.(j) Published notice of approved site specific development plan and vested property right. As soon as reasonably practicable following final approval of a vested site specific development plan, but in no event later than fourteen (14) days following final approval, notice of same shall be published in a newspaper of general circulation in the Town generally advising the public of the approval and identifying the property subject thereto. Such notice shall be substantially in the following form:Notice is hereby given to the general public of the approval of a site specific development plan and the creation of a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes, and the Georgetown Municipal Code pertaining to the following described project and/or property: (Description of property)The property shall be generally described in the notice and identify the ordinance or resolution granting such approval. The costs of publishing such notice shall be home by the applicant.(k) Referendum and judicial review. A vested site specific development plan shall be subject to all rights of referendum and judicial review, except that the thirty-day time period in which to exercise such rights shall not begin to run until the publication of the notice of approval as provided for in this Section. (Ord. 507 §1, 1999)CHAPTER 17.16District Regulations17.16.010 Establishment of land use and development districts; intent and purpose of districts and district regulations.(a) The Town shall have the following land use and development district classifications:(1) Historic Residential.(2) Historic Commercial.17-28 (3) Historic Mixed Use.(4) Millsite Residential.(5) Meadows Residential.(6) Multifamily Residential.(7) Gateway Commercial.(8) Gateway Mountainside Industrial.(9) Hillside Residential.(10) Parks and Open Space.(11) Gateway Mixed Use.(12) Mining.(b) The general purpose of dividing the Town into land use and development districts is to promote the public health and welfare by recognizing the distinct differences in land uses and development patterns which exist in the Town; to preserve the historic areas in the Town as they are developed by requiring new development, redevelopment and restoration to occur in a manner that is appropriate to and compatible with the preservation of the historic areas; and to encourage development in the less historic sections of the Town to occur in a manner which respects the general historic character of the Town and its designation as a National Historic Landmark District.(c) The use, area and bulk regulations established in this Chapter are based on the existing and/or desired characteristics of the individual districts and serve as the basic regulations against which plans for new construction, rehabilitation or renovation should be judged.(d) It is the intent of the district use regulations that future land uses and activities within each district be limited generally to those which currently exist in the district and which are compatible with the existing or desired character of the district.(e) To the extent that the existing patterns of lots and locations of buildings on their sites contribute to the desired character of a district, it is the intent of the district area and bulk regulations to encourage continuation of such patterns so as to enhance and protect the historic character of the Town and its designation as a National Historic Landmark District. (Ord. 320 Art. III(A), 1981; Ord. 442 §1, 1992; Ord. 2 §4, 2001)17.16.020 Land use and development district map; interpretations.(a) The boundaries for the land use and development districts established in this Chapter shall be those as shown on the map entitled "Land Use and Development District Map of the Town of Georgetown, Colorado," hereinafter referred to as the "district map," which map and all official amendments thereto are hereby made a part of this Title. A certified original of the map shall be maintained and made available for public inspection in the office of the Town Clerk during regular business hours. Amendments to district boundaries made pursuant to the provisions of this Title shall17-29 be promptly recorded and reflected on the map upon their effective date. Map data is subject to the limitations of accuracy of the underlying data and does not constitute a survey of individual lots and parcels. The district map and all information officially entered thereon shall have the same force and effect as if fully set forth in this Title.(b) Where uncertainty exists or should arise with respect to the boundaries of any district shown on the district map, the following rules shall apply:(1) Where district boundaries are indicated as approximately following the centerlines of streets, alleys, highways, streams, irrigation ditches, rivers, street or railroad right-of-way lines, or such lines extended, such lines shall be construed to be such boundaries.(2) Where district boundaries are so indicated that they approximately follow lot lines, section lines, mining claim lines or other property lines, such lines shall be construed to be the boundaries.(3) Where district boundaries are so indicated that they are approximately parallel to the boundaries or centerlines of streets, alleys, highways or railroads, or rights-of-way of the same, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the district map.(c) Where a district boundary line divides a lot or parcel in single ownership, the district requirements for the more restrictive district shall be deemed to apply to the whole thereof; unless that portion of the lot or parcel initially subject to the more restrictive district requirements constitutes less than twenty percent (20%) of the whole, in which case the less restrictive district requirements will apply to the whole.(d) Disputes concerning the location or definition of a district boundary shall be resolved by the Board of Selectmen. (Ord. 320 Art. III(C), 1981; Ord. 2 §4, 2001)17.16.040 Interpretation of use regulations.Any use not specifically included in the district regulations as a "use permitted" or a "special use" shall be prohibited in that district. In certain districts, some types of "uses permitted" or "special uses" are general in nature, listing examples of the type of use which shall be permitted in the district. Where a use, or category of uses, which is not listed in a general category of uses is proposed, or where a question of interpretation occurs, the Board of Selectmen, with the advice of the Planning Commission and the Design Review Commission, may make a determination that such use, or type of use, is or is not appropriate within the district. (Ord. 320 Art. III(D), 1981; Ord. 2 §4, 2001)17.16.041 Historic Residential District.(a) Intent. It is the intent of the regulations established in this Section to maintain the primarily single-family, small lot residential character of the district, to retain the historic pattern of compact development and site design, and to ensure that new construction in the district is in harmony with, and does not detract from, the historic building styles and designs in the district.(b) Uses permitted. The following uses shall be permitted in the district:(1) Single-family dwellings.17-30 (2) Duplexes in structures constructed as two-family residences prior to 1950.(3) Churches and parish houses.(4) Public elementary, junior and senior high schools, private or parochial schools.(5) Public parks, playfields and playgrounds.(6) Garages, sheds and other buildings that are accessory to a principal structure.(c) Special uses. The following uses shall only be allowed in the district by special use permit:(1) Pre-schools and day care schools for infants and children.(2) Public or private nonprofit museums, provided that such are located within an existing structure and new accessory buildings relate to museum function.(3) Essential municipal and public utility uses, facilities, services and buildings, provided that business offices, repair, storage and production facilities are not included.(4) Bed and breakfast facilities.(5) Specialized group homes.(6) Secondary dwelling units subordinate to the principal structure such as garage apartments or guest houses.(d) Area and bulk regulations.(1) Minimum lot area: five thousand (5,000) square feet. (Refer to Section 17.32.010 for all existing platted lots of less than five thousand [5,000] square feet.)(2) Minimum lot width: fifty (50) feet.(3) Minimum front yard/setback for principal buildings: ten (10) feet, or the average of the front yard setbacks of the principal buildings adjacent to and on both sides of the lot on which the building is to be located, whichever is less.(4) Minimum front yard/setback for accessory buildings: twenty-five (25) feet.(5) Minimum side yard/setback: on an interior or corner lot; five (5) feet (on a corner lot, the shorter street face is considered front).(6) Minimum rear yard/setback: five (5) feet.(7) Maximum height for structures and/or principal buildings: twenty-five (25) feet; for accessory buildings, twenty (20) feet.(8) Maximum building coverage for all structures on a lot may not exceed forty percent (40%) of lot; for lots with slopes of thirty percent (30%) or more, see Section 17.24.070.17-31 (9) Minimum number of off-street parking required: see Section 17.20.020.(e) Design criteria. Any activity requiring a certificate of appropriateness shall be subject to the design review guidelines applicable to the district as adopted by the Design Review Commission. (Ord. 320 Art. III, 1981; Ord. 344 §1, 1983; Ord. 370 §1, 1985; Ord. 506 §1, 2000; Ord. 2 §4, 2001; Ord. 2 §1, 2003)17.16.042 Historic Commercial District.(a) Intent. It is the intent of the regulations and guidelines established in this Section to preserve and enhance the district as the focus of the community's commercial activities, encourage a pedestrian-oriented district character, and discourage automobile-dependent commercial enterprises whenever feasible.(b) Uses permitted. The following uses shall be permitted in the district:(1) Retail businesses, provided that no individual building or use shall exceed ten thousand (10,000) square feet in total floor area.(2) Medical and dental clinics.(3) Membership clubs (which may include recreational facilities).(4) Offices, including professional, finance, insurance, real estate and other services.(5) Indoor eating and drinking establishments, which may include meal service on an outdoor patio not more than the size of the indoor eating space.(6) Automobile parking lots, subject to the requirements of Section 17.20.020.(7) Personal service outlets, including, but not limited to, barber and beauty shops, shoe repair shops, self-service laundries, dry cleaning outlets, travel agencies and photographic studios.(8) Indoor amusement and entertainment establishments.(9) Churches.(10) Parks, playfields and playgrounds.(11) Essential governmental and public utility uses, facilities, services and buildings.(12) Financial institutions.(13) Printing and publishing establishments, duplicating services.(14) Public elementary, junior or senior high schools, private or parochial schools.(15) Public or private museums.(16) Garages, sheds and other buildings that are accessory to a principal structure.17-32 (17) Accessory dwelling units and lodging units, provided that such units are located within a mixed-use building.(c) Special uses. The following uses shall only be allowed in the district by special use permit:(1) Parking garages.(2) Gasoline service stations.(3) Lodging units (including rooming houses) when located in an individual building and not within a mixed-use building.(d) Area and bulk regulations.(1) Minimum lot area: two thousand five hundred (2,500) square feet.(2) Minimum lot width: twenty-five (25) feet.(2) Minimum lot area per ground level lodging unit: one thousand (1,000) square feet.(3) Minimum lot area per ground level lodging unit: one thousand (1,000) square feet.(4) Minimum floor area per non-ground-level lodging unit: four hundred (400) square feet.(5) Minimum front yard/setback for principal buildings: None.(6) Minimum front yard/setback for accessory buildings: fifteen (15) feet.(7) Minimum side yard/setback for buildings: None.(8) Minimum rear yard/setback for buildings: None.(9) Maximum height for structures and/or principal buildings: thirty-five (35) feet; for accessory buildings, twenty (20) feet.(10) Maximum building coverage: one hundred percent (100%) of lot.(11) Minimum off-street parking: see Section 17.20.020.(12) Minimum width of pedestrian corridor alleyways: eight (8) feet.(d) Design criteria. Any activity requiring a certificate of appropriateness shall be subject to the design review guidelines applicable to the district as adopted by the Design Review Commission. (Ord. 320 Art. III, 1981; Ord. 344 §1, 1983; Ord. 2 §4, 2001)17.16.043 Historic Mixed-Use District.(a) Intent. It is the intent of the regulations established in this Section to facilitate both residential and nonresidential uses in compatible relationship with one another while not allowing17-33 nonresidential uses to overwhelm or detract from the livability of the residential uses, and to accommodate more intensive vehicle traffic and parking volumes.(b) Uses permitted. The following uses shall be permitted in the district:(1) Any use permitted by right in the Historic Commercial District subject, however, to the area and bulk requirements in this Section.(2) Single-family dwellings.(3) Garages, sheds and other buildings that are accessory to a principal structure.(4) Accessory dwelling units and lodging units as part of a mixed-use building.(c) Special uses. The following uses shall only be allowed in the district by special use permit:(1) Parking garages.(2) Lodging units (including rooming houses) when located in an individual building and not within mixed-use buildings.(3) Two-family or multiple-family dwelling units not within mixed-use buildings.(4) Bed and breakfast facilities.(5) Specialized group homes.(d) Area and bulk regulations.(1) Minimum lot area: five thousand (5,000) square feet. (Refer to Section 17.32.010 for all existing platted lots of less than five thousand [5,000] square feet.)(2) Minimum floor area per nonground level lodging unit: four hundred (400) square feet.(3) Minimum lot area per ground level lodging unit: one thousand (1,000) square feet.(4) Minimum lot width: fifty (50) feet.(5) Minimum front yard/setback for buildings: fifteen (15) feet, or the average of the front yard setbacks of the principal buildings adjacent to and on both sides of the lot on which the building is to be located, whichever is less.(6) Minimum side yard/setback on an interior or corner lot: five (5) feet.(7) Minimum rear yard/setback: five (5) feet.(8) Maximum height for structures and/or principal buildings: thirty (30) feet; for accessory buildings, twenty (20) feet.(9) Minimum off-street parking: see Section 17.20.020.17-34 (10) Maximum building coverage: fifty percent (50%) of lot.(11) All new commercial or business uses shall be completely screened from abutting residential properties in the Historic Residential District by a fence, wall or plantings (this regulation applies only to permitted uses listed in Subsection (b)(1) above).(g) Design criteria. Any activity requiring a certificate of appropriateness shall be subject to the design review guidelines for the district as adopted by the Design Review Commission. (Ord. 320 Art. III, 1981; Ord. 344, 1983; Ord. 370, 1985; Ord. 506 §2, 2000; Ord. 2 §4, 2001)17.16.044 Millsite Residential District.(a) Intent. It is the intent of the regulations established in this Section to facilitate uses and development that will serve as a transition between the older historic styles and patterns within the Town and newer more contemporary styles and patterns, while reinforcing the overall residential character of the district and preserving natural features and topography.(b) Uses permitted. The following uses shall be permitted in the district:(1) Single-family dwellings.(2) Churches or parish houses.(3) Public elementary, junior and senior high schools, private or parochial schools.(4) Public parks, playfields and playgrounds.(5) Garages, sheds and other buildings that are accessory to a principal structure.(c) Special uses. The following uses shall only be allowed in the district by special use permit:(1) Pre-schools and day care schools for infants and children.(2) Private recreation areas and buildings.(3) Essential municipal and public utility uses, facilities, services and buildings, provided that business offices, repair, storage and production facilities are not included.(4) Rest homes, convalescent homes, retirement homes and specialized group homes.(5) Bed and breakfast facilities.(6) Accessory dwelling units subordinate to the principal structure such as garage apartments or guest houses.(d) Area and bulk regulations.(1) Minimum lot area: five thousand (5,000) square feet per dwelling unit. (Refer to Section 17.32.010 for all existing platted lots of less than five thousand [5,000] square feet.)17-35 (2) Minimum lot width: fifty (50) feet.(3) Minimum front yard/setback for principal buildings: fifteen (15) feet, or the average of the front yard setbacks of the principal buildings adjacent to, and on both sides of the lot on which the building is to be located, whichever is less.(4) Minimum side yard/setback on an interior or corner lot: five (5) feet.(5) Minimum rear yard/setback: five (5) feet.(6) Minimum front yard/setback for accessory buildings: twenty-five (25) feet.(7) Maximum height for structures and/or principal buildings: thirty (30) feet; for accessory buildings, twenty (20) feet.(8) Maximum building coverage: thirty-five percent (35%); for lots with slopes of thirty percent (30%) or more, see Section 17.24.070.(9) Minimum off-street parking: see Section 17.20.020.(e) Design criteria. Any activity requiring a certificate of appropriateness shall be subject to the design review guidelines applicable to the district as adopted by the Design Review Commission. (Ord. 320 Art. III, 1981; Ord. 344, 1983; Ord. 370, 1985; Ord. 506 §3, 2000; Ord. 2 §4, 2001)17.16.045 Meadows Residential District.(a) Intent. It is the intent of the regulations established in this Section to facilitate a low-density residential character for the district while preserving the natural mountain terrain and view planes, and a Western mining community atmosphere.(b) Uses permitted. The following uses shall be permitted in the district:(1) Single-family and two-family dwellings.(2) Churches or parish houses.(3) Public elementary, junior and senior high schools, private or parochial schools.(4) Public parks, playfields and playgrounds.(5) Garages, sheds and other buildings that are accessory to a principal structure.(c) Special uses. The following uses shall only be allowed in the district by special use permit:(1) Pre-schools and day care schools for infants and children.(2) Private recreation areas and buildings.(3) Essential municipal and public utility uses, facilities, services and buildings, provided that business offices, repair, storage and production facilities are not included.17-36 (4) Bed and breakfast facilities.(5) Specialized group homes.(6) Accessory dwelling units subordinate to the principal structure such as garage apartments or guest houses.(d) Area and bulk regulations.(1) Minimum lot area: five thousand (5,000) square feet per single-family dwelling; seven thousand five hundred (7,500) square feet per duplex (two-family) dwelling. (Refer to Section 17.32.010 for all existing platted lots of less than five thousand [5,000] square feet.)(2) Minimum lot area for nonresidential uses: seven thousand five hundred (7,500) square feet.(3) Minimum lot width for residential use: fifty (50) feet per dwelling unit.(4) Minimum lot width for nonresidential use: fifty (50) feet.(5) Minimum front yard/setback for principal buildings: fifteen (15) feet; for accessory buildings, twenty-five (25) feet.(6) Minimum side yard/setback for an interior lot: five (5) feet; for a corner lot, ten (10) feet.(7) Minimum rear yard/setback: fifteen (15) feet.(8) Minimum side and rear yards/setbacks for accessory buildings: five (5) feet.(9) Maximum height for structures and/or principal buildings: thirty (30) feet; for accessory buildings, twenty (20) feet.(10) Maximum building coverage: thirty percent (30%) of lot for lots under seven thousand five hundred (7,500) square feet; twenty-five percent (25%) for lots from seven thousand five hundred (7,500) to ten thousand (10,000) square feet; twenty percent (20%) for lots from ten thousand (10,000) to fifteen thousand (15,000) square feet; and fifteen percent (15%) for lots over fifteen thousand (15,000) square feet. For lots with slopes of thirty percent (30%) or more, see Section 17.24.070.(11) Minimum off-street parking: see Section 17.20.020.(g) Design criteria. Any activity requiring a certificate of appropriateness shall be subject to the design review guidelines applicable to the district as adopted by the Design Review Commission. (Ord. 320 Art. III, 1981; Ord. 344, 1983; Ord. 370, 1985; Ord. 501 §1, 1999; Ord. 2 §4, 2001)17.16.046 Multifamily Residential District.(a) Intent. It is the intent of the regulations established in this Section to facilitate alternatives to small lot detached single-family and/or two-family housing units while maintaining a density and17-37 pattern of development consistent with the scale and character of residential development existing in the older sections of the Town.(b) Uses permitted. The following uses shall be permitted in the district:(1) Multiple-family, two-family and single-family dwellings.(2) Private recreational areas and buildings for the use of the occupants of a development and their guests.(3) Churches or parish houses.(4) Public elementary, junior and senior high schools, private or parochial schools, pre- schools and day care schools for infants and children.(5) Public parks, playfields and playgrounds.(6) Garages, sheds and other buildings that are accessory to a principal structure.(c) Special uses. The following uses shall only be allowed in the district by special use permit:(1) Rest homes, convalescent homes, nursing homes, retirement homes and specialized group homes.(2) Recreational buildings and uses operated by a private agency.(3) Noncommercial automobile parking lots and garages.(4) Essential municipal and public utility uses, facilities, services and buildings, provided that business offices, repair, storage and production facilities are not included.(5) Conference or education centers, which may include meeting rooms, craft rooms, display areas, auditoriums, offices and ancillary facilities including restaurant, kitchen or recreation areas.(d) Area and bulk regulations.(1) Minimum lot area per ground level multifamily dwelling unit: three thousand seven hundred fifty (3,750) square feet; five thousand (5,000) square feet for single-family; three thousand seven hundred fifty (3,750) per dwelling unit for duplexes.(2) Minimum lot area for nonresidential uses: seven thousand five hundred (7,500) square feet.(3) Minimum lot width: fifty (50) feet.(4) Minimum front yard for principal buildings: twenty (20) feet; for multifamily accessory buildings, fifty (50) feet; other special use accessory buildings, minimum twenty-five (25) feet.(5) Minimum side yard for principal building: ten (10) feet.17-38 (6) Minimum rear yard for multifamily principal building: twenty-five (25) feet, other special uses, ten (10) feet.(7) Minimum side and rear yards for accessory buildings: five (5) feet.(8) Maximum height for structures and/or principal buildings: thirty-five (35) feet; for accessory buildings, twenty (20) feet.(9) Maximum building coverage: thirty percent (30%) of lot.(10) Minimum number of off-street parking spaces required: see Section 17.20.020.(g) Design criteria. Any activity requiring a certificate of appropriateness shall be subject to the applicable design review guidelines as adopted by the Design Review Commission. (Ord. 320 Art. III, 1981; Ord. 344, 1983; Ord. 370, 1985; Ord. 500 §1, 1999; Ord. 502 §1, 1999; Ord. 506 §4, 2000; Ord. 2 §4, 2001)17.16.047 Gateway Commercial District.(a) Intent. It is the intent of the regulations established in this Section to facilitate business and commercial uses primarily oriented toward vehicular traffic and the traveling public while eliminating visual clutter, strip development and uncontrolled vehicle access and traffic patterns, and promoting clustered development, scaled and coordinated vehicle parking areas, buffering and the preservation and enhancement of Clear Creek and the native topography and vegetation.(b) Uses permitted. The following uses shall be permitted in the district:(1) Medical and dental clinics.(2) Offices, including professional, finance, real estate, insurance and other services.(3) Indoor eating and drinking establishments which may include meal service on an outside patio not more than the size of the indoor eating space.(4) Automobile parking lots, subject to the regulations of Section 17.20.020.(5) Personal service shops including, but not limited to, barber and beauty shops, shoe repair shops, self-service laundries, dry cleaning outlets, travel agencies and photographic studios.(6) Places for the retailing of goods, provided that no individual building or use shall exceed ten thousand (10,000) square feet in total floor area.(7) Indoor amusement and entertainment establishments.(8) Essential municipal and public utility uses, facilities, services and buildings.(9) Public parks, playfields and playgrounds.(10) Public or nonprofit visitor and interpretive centers.17-39 (11) Garages, sheds and other buildings that are accessory to a principal structure.(c) Special uses. The following uses shall only be allowed in the district by special use permit:(1) Motels, hotels, lodging units and resorts, and including newsstands, gift shops, personal service shops, manager/caretaker dwelling units and similar accessory uses conducted entirely within the principal building.(2) Gasoline service stations.(3) Vehicle and vehicle accessory dealers and repair services, but not including junkyards.(4) Parking garages.(5) Commercial uses including, but not limited to: rental establishments, car washes, lumber dealers, furniture and appliance repair, printing and publishing establishments, duplicating services and storage warehouses.(6) Light industry completely enclosed within a building.(7) Dwelling units in a mixed use building.(8) Places for the retailing of goods in buildings that exceed ten thousand (10,000) square feet in total floor area.(d) Area and bulk regulations.(1) Minimum lot area: five thousand (5,000) square feet.(2) Minimum lot area per ground level unit for motels, hotels, lodging units and resorts: one thousand (1,000) square feet.(3) Minimum front yard: None.(4) Minimum side yard: None.(5) Minimum rear yard: None.(6) Minimum front yard for accessory buildings: None.(7) Maximum height for structures and/or buildings: thirty-five (35) feet.(8) Landscaping: minimum of ten (10) feet adjacent to Clear Creek, and buffering of adequate type and size to shield residential properties immediately adjacent to the district boundaries to the east and north.(9) Maximum building coverage: fifty percent (50%) per lot.(10) Minimum off-street parking: see Section 17.20.020.17-40 (e) Design criteria. Any activity requiring a certificate of appropriateness shall be subject to the design review guidelines as adopted by the Design Review Commission. (Ord. 320 Art. III, 1981; Ord. 344, 1983; Ord. 506 §5, 2000; Ord. 2 §4, 2001)17.16.048 Gateway Mountainside Industrial District.(a) Intent. It is the intent of the regulations established in this Section to facilitate and allow small nonpolluting light industrial uses and nonretail commercial uses while preserving the district's natural steep slopes and topography and unobstructed view corridors and/or view planes of the mountains from the Interstate Highway 70 corridor and the Town's residential districts.(b) Uses permitted. The following uses shall be permitted in the district:(1) Light industry completely enclosed within a building.(2) Public parks, playfields and playgrounds.(3) Commercial uses, excluding retail stores and junk yards, but including the following: lumber yards, building materials and equipment storage, service garages, disposal truck storage, commercial vehicle storage, construction equipment storage, machinery storage, warehouses, propane tank storage, wholesale operations, rental establishments, car washes, storage lockers and trucking services; provided that adequate safeguards are taken to protect adjoining properties from objectionable or harmful substances, conditions or operations, and that all activities are conducted within an enclosed building or screened from public view at ground level from adjacent roads and other public and private properties by adequate fencing, landscaping or other screening material approved in advance by the Design Review Commission.(4) Storage of recreational vehicles, campers, boats, noncommercial motor vehicles, snow vehicles and motorized equipment and accessories for such vehicles, but not including junk or junkyards; provided that such activities are completely enclosed within a building or screened from public view at ground level from adjacent roads and other public and private properties by adequate fencing, landscaping or other screening material approved in advance by the Design Review Commission.(5) Garages, sheds and other buildings that are accessory to a principal structure.(c) Special uses. The following uses shall only be allowed in the district by special use permit:(1) Any permitted or special use allowed in the Gateway Commercial District.(2) Research facilities, testing laboratories and facilities for the manufacturing, fabrication, processing or assembly of products, provided that such facilities are completely enclosed and that no effects from noise, smoke, glare, vibration, fumes or other adverse environmental effects are measurable at the property lines.(3) Service facilities for recreational vehicles, campers, boats, noncommercial motor vehicles, snow vehicles and motorized equipment and accessories for such vehicles, but not including junk or junkyards; provided that such activities are completely enclosed within a building or screened from public view at ground level from adjacent roads and other public and private properties by17-41 adequate fencing, landscaping or other screening material approved in advance by the Design Review Commission.(4) Service and storage facilities for mobile homes, but not including junk or junkyards; provided that such activities are completely enclosed within a building or screened from public view at ground level from adjacent roads or other public and private properties by adequate fencing, landscaping or other screening material approved in advance by the Design Review Commission.(5) Municipal and public utility uses, facilities, services and buildings, including repair and storage; provided that no adverse environmental effects are measurable at the property lines; and provided that all outside storage of equipment and materials is screened from public view at ground level from adjacent roads and other public and private properties by adequate fencing, landscaping or other screening material approved in advance by the Design Review Commission.(6) Accessory buildings and uses.(d) Area and bulk regulations.(1) Minimum lot area: five thousand (5,000) square feet.(2) Minimum front yard: None.(3) Minimum side yard: None.(4) Minimum rear yard: None.(5) Maximum height for structures and/or buildings: thirty (30) feet; for lots with slopes of thirty percent (30%) or more, see Section 17.24.070.(6) Maximum building coverage: fifty percent (50%) of lot; for lots with slopes of thirty percent (30%) or more, see Section 17.24.070.(7) Minimum off-street parking: see Section 17.20.020.(8) Any use must have a State Highway Department permit for proposed access to the frontage road before receiving a building permit, access permit or special use permit from the Town.(e) Design criteria. Any construction requiring a certificate of appropriateness shall be subject to the design review guidelines applicable to the district as adopted by the Design Review Commission. (Ord. 320, Art. III, 1981; Ord. 344, 1983; Ord. 422 §1, 1990; Ord. 2 §4, 2001)17.16.049 Hillside Residential District.(a) Intent. It is the intent of the regulations established in this Section to facilitate and maintain primarily single-family uses that are subdued and sensitive to the delicate natural mountainside terrain and visual scenic values associated with the natural topography in the district.(b) Uses permitted. The following uses shall be permitted in the district:17-42 (1) Single-family dwellings.(2) Open space and passive recreation parks dedicated to public use.(3) Garages, sheds and other buildings that are accessory to a principal structure.(c) Special uses. The following uses shall only be allowed in the district by special use permit:(1) Bed and breakfast facilities.(2) Specialized group homes.(3) Private access roads/drives.(d) Area and bulk regulations.(1) Minimum lot area: fifteen thousand (15,000) square feet.(2) Minimum lot width: None.(3) Minimum front yard/setback: twenty (20) feet.(4) Minimum side yard/setback: twenty (20) feet.(5) Minimum rear yard/setback: twenty (20) feet.(6) Maximum height for structures and/or buildings: twenty-five (25) feet; for lots with slopes of thirty percent (30%) or more, see Section 17.24.070.(7) Maximum building coverage: fifteen percent (15%); for lots with slopes of thirty percent (30%) or more, see Section 17.24.070.(8) Minimum number of off-street parking required: see Section 17.20.020.(e) Design criteria. Any activity requiring a certificate of appropriateness shall be subject to the design review guidelines applicable to the district as adopted by the Design Review Commission. (Ord. 320 Art. III, 1981; Ord. 344, 1983; Ord. 364 §102, 1984; Ord. 370, 1985; Ord. 504 §1, 1999; Ord. 506 §6, 2000; Ord. 2 §4, 2001)17.16.050 Parks and Open Space District.(a) Intent. It is the intent of the regulations established in this Section to facilitate and provide for public, recreational, educational and open space uses, and the creation and preservation of areas of expansive spaciousness with minimum congestion, density or development.(b) Uses permitted. The following uses shall be permitted in the district:(1) Public parks, playfields, playgrounds, recreation, campgrounds and open spaces.(2) Water reservoirs, storage and pumping facilities.17-43 (3) Accessory structures required to support primary structures or uses.(c) Special uses. The following uses shall only be allowed in the district by special use permit:(1) Essential governmental facilities, including utility services and facilities.(2) Cemeteries.(3) Any use within a public park, recreational or open space area which involves assembly of more than one hundred (100) persons in one (1) building, group of buildings, area or facility.(4) Commercial recreation facilities.(5) Educational and interpretive facilities.(d) Area and bulk regulations.(1) Minimum lot area: None.(2) The minimum setbacks from property lines shall be as follows: a. Principal structures: twenty-five (25) feet. b. Accessory structures: fifteen (15) feet. c. Special uses: as specified in the permit allowing the special use.(3) Maximum height for structures and/or principal buildings: thirty (30) feet; for accessory buildings, twenty (20) feet.(4) Maximum building coverage: as determined by special use permit.(5) Minimum number of off-street parking spaces required: as determined by special use permit.(e) Design criteria. Any construction requiring a certificate of appropriateness shall be subject to the design review guidelines adopted by the Design Review Commission. (Ord. 442, §2, 1992; Ord. 2 §4, 2001)17.16.051 Gateway Mixed-Use District.(a) Intent. The intent of the regulations established in this Section is to facilitate and provide for a mix of high-quality tourist-oriented lodging, commercial, business, public recreation and residential uses utilizing master plan development techniques and flexible regulatory controls in order to generate and sustain opportunities for employment and economic development within the community.(b) Uses permitted. The following uses shall be permitted in the district.(1) Multifamily residential dwellings, provided that such use is incorporated into a mixed-use building.17-44 (2) Conference and/or education facilities, inclusive of auditoriums and convention/meeting centers, and accessory facilities.(3) Performing arts facilities, inclusive of movie theaters.(4) Tourist and lodging accommodations, inclusive of full-service hotels and motels, and accessory facilities.(5) Restaurants, bars and taverns, provided that the use is incorporated into a mixed-use building, a hotel or a motel, and that such use does not individually, or collectively with other retail uses, exceed one-third (⅓) of the total floor area of the building or structure in which the use is situated. Outdoor dining and/or beverage service areas, such as patios or decks, may only be provided as an adjunct to on-site indoor dining and/or beverage service facilities.(6) Offices, inclusive of professional, financial, real estate, insurance or other similar business, provided that such use is incorporated into a mixed-use building, hotel or motel.(7) Retail consumer sales, inclusive of, but not limited to, clothing store, specialty shop, pharmacy, liquor store, delicatessen, book store, florist and other similar uses; provided that the use is incorporated into a mixed-use building, hotel or motel, and that the use does not individually, or collectively with other retail uses, exceed one-third (⅓) of the total floor area of the building or structure in which the use is situated. Display and/or sales areas for any retail consumer sales use may only be located within the same building or structure as the retail use itself.(8) Retail sporting and recreational equipment sales and services, inclusive of bicycle, canoe, kayak and/or ski and snowboard sales and rentals, guide services and fishing, camping and hiking equipment sales and rentals; provided that the use is incorporated into a mixed-use building, hotel or motel, and that such use does not individually, or collectively with other retail sales and service uses, exceed one-third (⅓) of the total floor area of the building or structure in which the use is situated. Retail sporting and recreational equipment sales and services shall not include the sale or rental of motor vehicles, motorcycles, recreational vehicles, snowmobiles or other off-road vehicles, and no outdoor display area associated with any permitted use shall be greater than seven hundred fifty (750) square feet per individual use (store or establishment) and must be adequately surrounded or screened by planted landscape area, a masonry wall or wooden fence not higher than five (5) feet, or such other screening as permitted by the Town.(9) Parks, playgrounds, trails or recreational facilities owned and/or operated by a public or neighborhood, homeowner or similar nonprofit organization or agency.(10) Minor public utility service installations.(c) Special uses. The following uses shall be allowed within the district only upon special review and permit.(1) Assisted living facilities, specialized group homes, rest homes and convalescent, nursing and/or retirement homes.(2) Retail sporting and recreational equipment sales and services not incorporated into a mixed-use building, hotel or motel, inclusive of bicycle, canoe, kayak and ski and snowboard sales17-45 and rentals, guide services and fishing, camping and hiking equipment sales and rentals. Retail sporting and recreational equipment sales and services shall not include the sale of motorized vehicles, motorcycles, recreational vehicles, snowmobiles or other off-road vehicles; and outdoor display and/or sales areas shall be subject to the same requirements and limitations as described in Subsection (b)(8) above.(3) Essential government and public utility service facilities and uses, excluding business offices, repair and/or storage facilities (indoor or outdoor) and production facilities.(d) Area and bulk regulations. Given the intent and underlying purposes of the district, and the requirement to allow only master planned development, the following constitute the district area and bulk regulations.(1) Minimum lot area: none; however, no development may occur within the district absent the approval and incorporation of such development into an overall development master plan encompassing not less than ten (10) acres.(2) Minimum lot width: none.(3) Minimum front yard: none.(4) Minimum side yard: none.(5) Minimum rear yard: none.(6) Minimum setbacks: to be determined on a structure-by-structure basis utilizing emergency service access and clearance requirements and standards set forth in the Uniform Building and Fire Codes; except that all buildings, accessory structures and parking lots shall be set back at least fifty (50) feet horizontally from the normal high-water line of any stream, creek or lake, and at least twenty-five (25) feet horizontally from the delineated edge of any wetland. All setback areas required or resulting from setbacks from streams, creeks, lakes or wetlands shall be credited toward any open space or landscaping requirement established under this Section.(7) Maximum building height: a. Principal building: thirty-five (35) feet. b. Accessory building/structure: twenty (20) feet.(8) Maximum floor area ratio: 0.6, but only for commercial and mixed-use development.(9) Maximum floor area per building and per floor: seventy-five thousand (75,000) square feet per building, and forty thousand (40,000) square feet per single floor.(e) Development regulations. The following regulations shall apply to all development within the district and be in addition to all other applicable regulations contained within this Title. In the event of a conflict or overlap in regulations, the regulation set forth in this Section shall control.(1) Open space and trails. Given the district's close proximity to Georgetown Lake, the Lagoon and Clear Creek, development establishing and/or maintaining existing open space and17-46 public access with regard to such areas shall be encouraged and favored over development that does not. a. Minimum requirement. As an offset to, and in consideration of, the elimination of minimum district lot size, yard size and setback requirements as provided elsewhere in this Section, a minimum of twenty percent (20%) of the gross land area of a development shall be provided and maintained as open space. In the event suitable land for open space is unavailable, in whole or in part, within the development area, the Town may, at its option, accept a cash-in-lieu fee in an amount reasonably equivalent to the value of the land otherwise required to satisfy the development's open space requirement. Payment of any in-lieu fee must be made to the Town at or before the execution and recordation of the final plat and/or development agreement illustrating the development's final approval. Fees collected in lieu of open space shall be expended solely for the acquisition and/or development of other open space land, inclusive of trails. b. Nature of open space.1. Open space may be privately owned, publicly owned or a combination of both, provided that the land satisfies the intent and purposes of this Subsection. Land designated as open space shall be specifically identified on the final plat for the development. If required open space is to be dedicated to the Town, appropriate dedication language conveying the land to the Town shall be included on the final plat. Similarly, if required open space is to be maintained in private ownership, appropriate language restricting said land to use only as open space shall be included on the final plat.2. Privately owned open space shall be maintained in good condition and repair in perpetuity by the developer, the property owners within the development area or an organization chosen therefrom. In the event that any person or organization established to own or maintain open space, or any successor, shall at any time fail to maintain it in reasonable order and condition, the Town Administrator may serve written notice upon such person or organization, and upon the property owners within the development, setting forth the manner in which there has been a failure to maintain the open space in reasonable condition. The notice shall include a demand that all deficiencies in maintenance be cured within thirty (30) days thereof and shall provide a date and place for a hearing thereon which shall be held within fourteen (14) days of the notice should the responsible person or organization wish to contest the notice. At such hearing, the Board of Selectmen may modify the terms of the original notice as to deficiencies and may give an extension of time within which they shall be cured. If the deficiencies set forth in the notice are not cured within the thirty (30) days as specified in the notice or any extension granted, the Town, in order to preserve the taxable values of the properties within the development and to prevent the open space from becoming a public nuisance, may enter upon the open space and undertake maintenance on the same. The cost of such maintenance shall be the sole responsibility of the owner of the open space and a lien for such cost shall automatically apply against such property to secure payment, which lien may be enforced and foreclosed upon in the same manner as liens for real property taxes. The entry and maintenance work by the Town shall not vest in the public any rights to use the open space except when the same is voluntarily dedicated to the public by the owner.17-47 3. Land offered for trails shall be selected in consideration of linking the same with existing trails or trail corridors, and the feasibility of trail construction and maintenance.4. The Town shall retain the right to reject any proposed open space offer or dedication and instead select land more suitable for open space, inclusive of trails, based on existing open space/trail plans, location or terrain. c. Public dedications. Public dedications of open space may, at the Town's option, be of a fee or less than fee interest. d. Density bonus. The Board of Selectmen may within its discretion award a density bonus of up to twenty-five percent (25%) of the maximum floor area ratio (FAR) to be built within a development, or a part thereof, upon a showing that a proposed open space dedication exceeds the open space requirement as specified hereinabove.(2) Landscaping. All proposals for a project development plan (PDP) shall contain a master landscaping plan incorporating the following minimum standards, which standards shall be in addition to standards or requirements set forth elsewhere in this Section for bufferyards, parking areas or screening. a. Areas not occupied by buildings, structures or man-made hardened surfaces (e.g., paved) shall be landscaped utilizing indigenous vegetation and ground covers. b. One (1) deciduous tree with a minimum diameter at breast height (DBH) of two and one-half (2½) inches, or one (1) conifer tree with a minimum height of eight (8) feet, and three (3) shrubs shall be provided for every one thousand (1,000) square feet, or fraction thereof, of gross floor area and/or man-made hardened surface constructed up to the first ten thousand (10,000) square feet. Thereafter, one (1) tree of the kind and size as specified above and three (3) additional shrubs shall be provided for every additional ten thousand (10,000) square feet, or fraction thereof, of gross floor area and/or man-made hardened surface constructed or installed. Minimum shrub height shall be twenty-four (24) inches. c. Trees and shrubs shall be located in front and side yards to the maximum extent feasible. Trees shall be planted in a random manner. d. Berming shall be allowed so long as it is designed and installed with natural appearing undulations. Continuous lineal berming shall not be acceptable. e. No landscaping or vegetation shall be installed or maintained so as to obstruct or interfere with lines of sight for traffic control devices or signs, or intersecting vehicle, bike or pedestrian ways. f. All landscaping shall be installed and maintained in accordance with generally accepted nursery industry standards, and shall be warranted by the developer for two (2) full growing seasons. Dead, injured or diseased landscaping and/or vegetation shall be timely replaced with the same, or a suitable alternate, plant or material. g. Preexisting indigenous trees and vegetation located within any development site shall be preserved and incorporated into a project landscape plan to the maximum extent feasible.17-48 h. Once approved and implemented, no landscape plan may be altered absent prior approval from the Town.(3) Bufferyards. Bufferyards shall be installed within all development lots or parcels adjacent to and along the east and/or south boundaries of the district so as to provide separation and screening from lots, parcels and development located in the adjoining zone districts. a. The location, dimensions and nature of all required bufferyards shall be depicted on the proposed and final approved landscape plan for every development. Once approved and established, a bufferyard may not be encroached upon, used, occupied or disturbed for any other use or purpose. b. Bufferyards shall be a minimum of ten (10) feet in width and have planted within them no less than two (2) deciduous trees with a minimum DBH of two and one-half (2½) inches, two (2) conifer trees with a minimum height of eight (8) feet, and four (4) shrubs with a minimum height of twenty-four (24) inches, per one hundred (100) feet of length. c. Bufferyards along the east boundary of the district may utilize a wood fence, masonry wall or earthen berm not to exceed four (4) feet in height. Bufferyards along the south boundary of the district may utilize a wood fence or masonry wall not to exceed six (6) feet in height.(4) Service areas and structures. Mechanical equipment and equipment areas, trash disposal or storage equipment and areas, and similar service areas shall be incorporated into the design of the building or landscaping served thereby, and shall be suitably screened in accordance with the following standards: a. Screening shall be comprised of opaque fencing or wall, earthen berm or continuous evergreen vegetation. Chain-link fencing, with or without slats, shall be prohibited. b. Service areas and structures shall be screened on all sides unless such areas or structures must be frequently accessed, in which case one (1) side may be left unscreened. Any side left unscreened shall, to the maximum extent feasible, be the side least visible from any public right-of-way and/or off-street customer parking area. c. Screening shall average one (1) foot in height higher than the equipment or structure being screened, except that no screening shall in any event extend ten (10) feet in height. A service area enclosed by screening need not be landscaped. d. Vegetation utilized for screening service areas and equipment shall be in addition to any other landscaping required by this Section, and whenever vegetation or landscaping material is used for screening a service area or equipment that is serviced by trucks or other vehicles, curbing shall be installed in such a way as to protect the vegetation or landscaping material from damage.(5) Exterior lighting. In addition to standards as set forth elsewhere in this Title, exterior lighting shall meet the following design standards. a. The cutoff angle for all exterior lighting shall not exceed ninety degrees (90).17-49 b. Background space lighting (e.g., parking lots) shall utilize unobtrusive illumination so as to prevent unnecessary glare and broadcast, while foreground lighting (e.g., building entrances and pedestrian ways) shall be focused so as to define the area to be illuminated without glare. c. Lighting fixtures and standards shall be consistent with the architectural style and character of the development. d. Upward-directed decorative or accent lighting shall not be visible above building roof line. e. No freestanding light pole shall exceed twenty-five (25) feet in height and shall be constructed of wood, painted metal or concrete. f. Exterior lighting not necessary for security or safety purposes shall be extinguished or dimmed during nonbusiness hours. Lighting activated by motion-sensing devices may be utilized during nonbusiness hours. Except for security or safety lighting, exterior lighting serving recreational playing fields or other recreational facilities must be extinguished by no later than 1:00 p.m. g. Variances from the exterior lighting standards set forth herein may be granted by the Board of Adjustment for lighting serving outdoor recreational playing fields and other outdoor recreational facilities upon written application.(6) Vehicular traffic circulation. a. A vehicular traffic and parking impact study shall be required as part of a project development plan for all nonresidential or mixed-use development that is anticipated to generate traffic volumes of fifty (50) or more trip-ends per peak hour. A vehicular traffic and parking impact study shall also be required when any proposed development is anticipated to utilize or affect any existing roadway identified by the Town as having an existing unacceptable level of service (LOS). b. All vehicular traffic and parking impact studies shall address and satisfy, at a minimum, those criteria as set forth in written standards established by the Town Engineer/Public Works Director. c. No development shall be approved unless it can be demonstrated that it will not adversely impact the peak hour service capacities of existing roadways and intersections at build-out, or that specific and effective measures will be incorporated into the development to mitigate such adverse impacts. d. The following mitigation measures may be required to minimize or offset adverse impacts on vehicular traffic circulation:1. The establishment of allowed hours of operation or deliveries.2. The limitation and siting of loading and delivery areas, inclusive of refuse disposal areas.3. The establishment of intercept and/or transfer lots or areas.17-50 (7) Pedestrian and nonvehicular access and circulation. a. A pedestrian and nonvehicular access and circulation study and plan shall be required as part of a project development plan for all nonresidential, mixed-use or multi-family residential development. The study may be combined with any required vehicular traffic circulation study and shall evaluate the management, coordination and integration of pedestrian and nonvehicular (e.g., bicycle) access to, and circulation within, the development. All pedestrian and nonvehicular access and circulation plans shall, at a minimum, include the following:1. Linkages to existing or planned pedestrian and/or bicycle paths or ways.2. Linkages to existing or planned public or private facilities (e.g., schools, post offices or parks) serving the development. b. The following minimum standards shall apply to all pedestrian and nonvehicular access and circulation plans:1. Vehicular and nonvehicular traffic intersections should be minimized to the maximum extent possible.2. Off-road bicycle paths or ways shall be a minimum of ten (10) feet in width, with a minimum hardened surface of not less than six (6) feet in width, and shall be constructed in accordance with design standards set forth in any master trails or open space plan adopted by the Town.3. Detached sidewalks shall be a minimum of five (5) feet in width and shall be separated from any street or street curb by a planting strip of at least four (4) feet in width.4. Sidewalks or other pedestrian ways immediately adjacent to curbs shall be a minimum of eight (8) feet in width.5. Pedestrian and bicycle paths and ways shall be distinguishable from vehicle driving surfaces, and shall employ low maintenance surfaces such as pavers, brick, stone or concrete.(8) Signage. Final development plans must be accompanied by a master signage plan as described in Section 18.36.060 of this Code. Signage shall be consistent in nature with, and integrated into, the architectural style of the development. Specific signage shall be governed by the standards set forth in Section 18.36.030 of this Code.(9) Off-street parking. All development shall be subject to the off-street parking standards contained in Section 17.20.020 and the following: a. Off-street parking spaces may be assigned or used jointly to serve more than one (1) user (e.g., business or building), provided that the occupancy of the space by one (1) user is coordinated and regulated in such a way as to not conflict with the occupancy of the space by any other user. Each joint use parking space shall be subject to a written agreement specifying the terms and conditions of the joint use, and must be approved by the Building Inspector/Official. The written agreement must also be recorded in the real property records for Clear Creek County.17-51 b. No more than twenty-five percent (25%) of the required off-street parking spaces for any use or building shall be located between the building or use and Argentine Street. c. No more than fifty percent (50%) of the required off-street parking spaces for any use or building shall be located between the building or use and Clear Creek or the Lagoon. d. Parking lots shall have perimeter landscaping or planting borders not less than five (5) feet in width. e. Perimeter landscaping for parking lots shall contain, at a minimum, deciduous and/or coniferous trees and continuous evergreen shrubbery of sufficient size, density and maturity to reasonably screen the parking lot from off-site view. Grass or other appropriate vegetative groundcover shall be planted within all areas of required landscaping not otherwise occupied by trees or shrubbery. f. Perimeter parking lot landscaping shall be credited toward any required bufferyards associated with a development, provided that the perimeter landscaping is situated at or near the same location that a required bufferyard would be. g. All parking lots containing fifteen (15) or more parking spaces shall be required to have interior landscaping or planting areas equal to at least ten percent (10%) of the total parking surface area. A minimum of one (1) deciduous or coniferous tree and four (4) shrubs of reasonable height and maturity to provide visual relief and wind interruption shall be planted for every one thousand five hundred (1,500) square feet of parking surface. Interior landscaping or planting areas shall be in addition to required perimeter landscaping and planting areas. h. Curbs or wheel stops shall be required to protect all landscaped or planted areas. i. Parking spaces or areas shall be designed and constructed so as to prevent parked vehicles from overhanging a landscaped or planted area by more than two and one-half (2½) feet, or being closer than four (4) feet from any tree.(f) Design criteria. The district falls within the gateway design area as defined in Section 17.08.040 and, except as otherwise provided for in this Section, all structures within the district shall be subject to the architectural design standards for the gateway design area. The following additional design standards shall also apply to development within the district.(1) Single, large dominating buildings and building mass shall be avoided for all commercial and mixed-use development.(2) Horizontal building mass shall not exceed a height-to-width ratio of one-to-three absent substantial variation in the massing facade, including variations in height and horizontal projection, and recessed elements. Alterations in mass and massing must be connected to or reflect functional aspects of the building, inclusive of entrances or the organization and use of interior spaces or activities, and shall not merely be for cosmetic effect.(3) Multiple smaller buildings and building clusters shall be favored over large buildings, provided that the individual smaller buildings shall share a common architectural theme, character or cohesiveness.17-52 (g) Procedures for development approval. In view of the unique and flexible standards applicable to development within the district, the following multi-step review and approval procedure shall apply to proposed development within the district notwithstanding any other review and approval procedures set forth in this Title.(1) Step One: Overall development plan. The purpose of the overall development plan (ODP) is to establish master planning and development control parameters for development projects within the district. Consistent with the intent and purpose of the district, no parcel or area of land less than ten (10) acres shall be eligible for ODP approval. a. Application. An application for an ODP shall contain the following information.1. A legal description of the proposed development area, a statement of ownership for all the property to be included in the development area, the written consent of all of the land owners and, upon request of the Town, evidence of title for all land within the proposed development area.2. A narrative of the development plan listing the objectives to be achieved and broadly indicating the concept of the proposed development. The narrative shall indicate: a) The type of land uses proposed within the development area and the square footage devoted to each use; b) The general nature, location and maximum number of dwelling units proposed within the development area; c) The general nature and location of commercial and other nonresidential uses to be located in the development area; d) The total square footage that will be dedicated to common open space; e) The total square footage that will be dedicated to public uses; f) A description of the internal pedestrian and vehicular traffic circulation systems; g) A description of the service system for water, sewer, telephone, electricity, gas, cable television and other utilities; h) Restrictions proposed by the applicant, such as building setbacks, height limits, access requirements and grade or slope restrictions, to be applied to particular areas; and i) How common open space will be owned and maintained.3. A general vicinity and location map, on a scale of one (1) inch equaling not more than four hundred (400) feet, illustrating the development site boundaries, acreage, existing structures and public rights-of-way, and existing zoning in the general vicinity of the proposed development.4. An existing conditions map, on a scale of one (1) inch equaling not more than fifty (50) feet, illustrating the development site boundaries and other properties within four17-53 hundred (400) feet of the development boundaries, existing structures and public rights-of- way, existing utility easements/alignments and existing zoning.5. A site plan map, on a scale of one (1) inch equaling not more than fifty (50) feet, depicting the proposed development plan and layout, inclusive of, at a minimum, new and existing streets, new and existing structures, open spaces, parking, vehicular and pedestrian circulation systems, utility distribution systems, setbacks, easements and landscaping/vegetation. Such map may be comprised of more than one (1) sheet.6. A topographic map of the site, on a scale of one (1) inch equaling not more than fifty (50) feet, with contours at no greater than three-foot intervals for slopes, showing major vegetation and terrain elements (inclusive of tree clusters, rock outcroppings and wetlands), streams, rivers, ditches, areas subject to one-hundred-year flooding and geologic and/or avalanche hazard areas.7. A development schedule indicating the approximate dates when construction of the various stages of the development can be expected to begin and be completed.8. A list of the owners of properties located within three hundred (300) feet of the boundaries of the development area, and their mailing addresses.9. An evaluation by a licensed engineer that shall establish the following as adequate to serve the development: a) The proposed water distribution system; b) The proposed method of sewage collection; c) The general manner in which storm drainage will be handled; and d) The general manner in which provision will be made for any potential natural hazards in the development such as avalanche areas, landslide areas, floodplain areas and unstable or contaminated soils.10. Easements showing vested legal access for ingress and egress, if applicable.11. Evidence that the development area has been designed with consideration for the natural environment of the site and the surrounding area, and that the development will not unreasonably destroy or displace wildlife, natural vegetation or other natural or historic features.12. Provisions for snow removal and storage.13. A discussion of the internal vehicular circulation system and its relation to the Town's existing system of streets, including a description of and proposed names for new streets; and estimates for new vehicular traffic generated by the development.14. The applicant may submit any other information or exhibits which he or she deems pertinent in evaluating the proposed plan.17-54 15. All maps required under this Subsection shall be prepared by a registered/licensed professional surveyor or engineer. b. Review; approval.1. A completed application conforming to the requirements of this Section shall be submitted to the Town Administrator, along with the appropriate application fee. No application shall be accepted, processed or scheduled for review unless and until it is complete and all necessary fees have been paid. The application shall be accompanied by not less than ten (10) copies. In the event the Town must retain outside professional services to process or evaluate the application, the applicant shall bear the costs for the same, inclusive of engineering and legal fees.2. All applications shall be subject to staff review, review and recommendation by the Design Review Commission at a public meeting, review and recommendation by the Planning Commission at a noticed public hearing, and review and approval or denial by the Board of Selectmen at a noticed public hearing.3. Noticing for public hearings before the Planning Commission and Board of Selectmen shall conform with the notice requirements set forth in Section 17.12.050(b)(1) and (4) (i.e., ten-day posting, mailing and publication).4. The Design Review Commission shall submit its written recommendations to the Planning Commission within thirty (30) days after the ODP application has been referred to it by the Town Administrator. The Planning Commission shall submit its written recommendations to the Board of Selectmen within sixty (60) days after the application has been referred to it by the Design Review Commission. The Board of Selectmen shall issue its written decision of approval or denial of the application, with or without conditions, within sixty (60) days after the application has been referred to it by the Planning Commission, or as soon thereafter as can reasonably be accommodated. The time limits set forth herein may be extended or waived upon the written request or consent of the applicant.5. No ODP shall be approved unless it substantially complies with and reflects the purpose and goals of the district, and satisfies the terms of this Section.6. An ODP is conceptual in nature and shall not constitute a site specific development plan, or otherwise create any vested right to undertake development in accordance with or under the plan. The approval of an ODP shall not lapse, but may be amended from time to time upon application and review as provided for in this Section.(2) Step Two: Project development plan. The purpose of a project development plan (PDP) is to establish a detailed site plan for development within a specified area or areas of the district. A PDP shall follow and arise from an ODP and shall be directed at implementing the conceptual elements and approvals contained within the ODP. A PDP may be obtained with regard to any parcel of land subject to and contained within a ODP, and may be applied for concurrently with an application for approval of an ODP and/or subdivision.17-55 a. Application. An application for a PDP shall contain all the information as required for an ODP set forth above, plus the following:1. Copies of any special easements, covenants and restrictions which will govern the use or occupancy of the development.2. A master landscaping plan, which shall include all proposed fences and walls, screening and retaining walls.3. A master lighting plan.4. A master signage plan.5. Conceptual elevations for buildings or structures proposed to be constructed, along with a listing of proposed exterior construction materials.6. Applications involving the subdivision or resubdivision of land shall also comply with all applicable subdivision review regulations not in conflict with this Section. b. Review; approval.1. A completed application conforming to the requirements of this Section shall be submitted to the Town Administrator, along with the appropriate application fee. No application shall be accepted, processed or scheduled for review unless and until it is complete and all necessary fees have been paid. The application shall be accompanied by not less than ten (10) copies. In the event the Town must retain outside professional services to process or evaluate the application, the applicant shall bear the costs for same, inclusive of engineering and legal fees.2. All applications for a PDP shall be subject to the same review procedures and noticing requirements as set forth in this Section for the review and approval of an ODP.3. No PDP shall be approved unless it substantially complies with and reflects the goals, terms and conditions of the ODP for the area to be developed, and the provisions of this Section.4. A PDP is preliminary in nature and shall not constitute a site specific development plan, or otherwise create any vested right to undertake development in accordance with or under the plan. The approval for a PDP shall automatically expire two (2) years from the date upon which it was approved.(3) Step Three: Final development plan. The purpose of a final development plan (FDP) is to establish a final site specific development plan for development within an area or areas of the district. A FDP shall follow and arise from a PDP and shall be directed at implementing the elements and approvals contained within the PDP. A FDP may be obtained with regard to any parcel of land subject to and contained within a PDP, and may be applied for concurrently with an application for approval of a PDP and/or subdivision.17-56 a. Application. An application for a FDP must be submitted within two (2) years from the approval of the PDP applicable to the land sought to be developed, and must contain all of the information required for a PDP as set forth above, plus the following:1. Detailed design and engineering plans for all public improvements and infrastructure and utilities, inclusive of pedestrian and/or bicycle trails.2. Proposed final elevations for buildings or structures to be constructed, along with a complete listing of proposed exterior construction materials.3. A proposed final plat prepared in accordance with the standards established for final subdivision plats contained in this Title. The proposed final plat shall substitute for the site plan map otherwise required by this Section; except that the final plat shall be drawn on a scale of one (1) inch equals not more than fifty (50) feet. The final plat shall also delineate all building/structure heights and footprints, and identify the uses to occur on each lot, parcel or land area. Areas that constitute natural hazard areas, including, but not limited to, snowslide, avalanche, contaminated or toxic soil or mudslide areas shall be depicted on the final plat. The final plat shall also contain endorsement language to be signed off by every person having a security interest in the property stating that they are subordinating their liens and interests to all dedications, covenants, servitudes and easements imposed on the property. b. Review; approval.1. A completed application conforming to the requirements of this Section shall be submitted to the Town Administrator, along with the appropriate application fee. No application shall be accepted, processed or scheduled for review unless and until it is complete and all necessary fees have been paid. The application shall be accompanied by not less than ten (10) copies. In the event the Town must retain outside professional services to process or evaluate the application, the applicant shall bear the costs for same, inclusive of engineering and legal fees.2. All applications for a FDP shall be subject to staff review and review by the Design Review Commission at a public meeting within thirty (30) days from the date of application for consistency with the existing PDP for the property at issue. The staff and Design Review Commission shall forward their recommendations to the chairperson of the Planning Commission, which shall examine and evaluate the application within thirty (30) days from receipt thereof for conformity with the existing PDP and the terms and conditions of this Section. The Planning Commission chairperson shall forward the application and its recommendations to the Board of Selectmen for review, approval or denial at a noticed public hearing. Noticing for the public hearing before the Board of Selectmen shall include posting, mailing and publication not less than ten (10) days in advance of the hearing, and contain such information as set forth in Section 17.12.050(b)(1) above. The Board of Selectmen shall issue a written decision of approval or denial of the application, with or without conditions, within sixty (60) days after the application has been referred to it by the Planning Commission chairperson, or as soon thereafter as can reasonably be accommodated. The time limits set forth herein may be extended or waived upon the written request or consent of the applicant.17-57 3. No FDP shall be approved unless it complies with and reflects the goals, terms and conditions of the ODP and PDP previously approved for the area to be developed, and the provisions of this Section.4. An approved FDP shall constitute a site specific development plan and shall legally vest the applicant with the right to implement and build in accordance with the plan for a period of three (3) years from the date of final approval as provided for in Article 68, Title 24, C.R.S. A failure to obtain a building permit and undertake substantial work in accordance with the FDP during the three-year vested rights period shall result in the automatic forfeiture of such vested rights and the expiration of the approval for the FDP.5. Approval of a FDP shall entitle the applicant to the issuance of a certificate of appropriateness corresponding to the terms and conditions, if any, recommended by the Design Review Commission as part of its review of the FDP application and incorporated into the approval as issued by the Board of Selectmen.6. Final approval and implementation of a FDP shall be conditioned upon the preparation, execution and recordation of a written development agreement where a development project includes: a) the construction of public infrastructure and/or improvements, b) the phased construction of the project, or c) the posting of financial security to ensure the timely and satisfactory construction of the project. The agreement shall follow and contain the requirements established under this Title for a PUD agreement, and must be approved by written resolution of the Board of Selectmen.7. No building permit shall issue, and no work shall commence, under a FDP until a final plat and an appropriate development agreement, if any, are fully executed and recorded in the real property records of Clear Creek County. All infrastructure or improvements to be installed and dedicated to the Town as part of a development project shall be subject to performance and warranty bonds, or other security acceptable to the Town, to ensure the timely and satisfactory completion of same. c. Modification or amendments to a FDP.1. Minor modifications to a FDP may be approved, approved with conditions or denied by the Planning Commission at a public meeting upon written application. Minor modifications and amendments may only be approved if they comply with the provisions of this Section and: a) Do not result in an increase or decrease of more than one percent (1%) in the original number of approved dwelling or lodging units; b) Do not result in an increase or decrease of more than three percent (3%) in the amount of nonresidential or lodging square footage as originally approved in the FDP; c) Do not result in a reduction or reconfiguration of land or area for any dedicated public street, right-of-way or open space; and d) The modification or amendment does not alter the character of the particular development.17-58 2. All proposed changes to a FDP that do not qualify as a minor modification or amendment as described above shall be considered major modifications or amendments and may only be processed and approved in accordance with the procedures utilized for approving a PDP. (Ord. 494, §1, 1999; Ord. 506 §7, 2000)17.16.052 Mining District.(a) Intent. The intent of the regulations established in this Section is to allow for and regulate the prospecting, mining and recovery of mineral resources from patented mining claims in and around the Town in a manner similar to those methods authorized and utilized by Clear Creek County in the unincorporated areas of the County adjacent to the Town, and to minimize uses not necessary or directly supportive of mining activity.(b) Uses permitted. The following uses and structures, subject to the acquisition and maintenance of all necessary and applicable federal, state and Town licenses or permits (see Chapters 40 and 44 of this Title) are permitted in the district:(1) Prospecting, mining, milling, processing and placering.(2) Adits, tunnels, shafts, pits, stopes, raises, inclines, trenches, railroad tracks, conveyors, hoisting plants, headframes, tramways, roads, mills, ore bins, ore piles, waste dumps, water treatment facilities, smelters, core drill stations, ponds, pipelines, ditches, canals, wells, dams, environmental protection and monitoring facilities, laydown yards, maintenance and repair shops, lamphouses, power generation facilities, laboratories, offices, garages, storage buildings, warehouses, training centers, mine rescue stations, communications facilities, crushers, leach pads, sluices, rockers, dredges, amalgamators, roasters, concentrators, sorters, tanks, fans, explosives magazines, material bins, wash plants, bath houses, guardshacks, and other facilities actually used, required, or intended for use in connection with mining, prospecting, exploring, milling, and/or placering of mineral resources.(3) Wind and solar energy generating and/or conversion facilities, so long as all structures are blended into the surrounding natural environment and are located not less than the height of the same from the nearest property boundary, and no structure is higher than thirty-five (35) feet.(4) Water storage tanks.(5) Utility service and distribution lines.(6) Single-family dwellings.(c) Special uses. The following uses may only be allowed in the district by special use permit:(1) Any structure necessary and directly used in mining activities not permitted by right in Subsection (b) above.(2) A dwelling unit and/or dining facility used in conjunction with an active mining activity for mine owners, employees or caretakers.(3) Mine tour operations and mining museums.17-59 (4) Temporary mobile home dwelling units, residential trailers or recreational vehicles used for mine watchmen or caretakers.(5) Gas regulator stations, electric system substations and water reservoirs.(d) Area and bulk regulations.(1) Minimum lot area: None for mining and other nonresidential activities and structures; one (1) acre for single-family or other residential dwellings.(2) Minimum lot width: None.(3) Setbacks: None for mining and other nonresidential activities and structures; single- family and other residential structures shall have front, side and rear setbacks not less than thirty (30) feet.(4) Maximum height: No maximum for mining and other nonresidential structures; single- family and other residential structures, thirty (30) feet; wind and solar energy generating and/or converting facilities, thirty-five (35) feet; for lots with slopes of thirty percent (30%) or more, see Section 17.24.070.(5) Maximum building coverage: None.(6) Minimum number of off-street parking spaces required: See Section 17.20.020.(e) Design criteria. Any construction requiring a certificate of appropriateness shall be subject to the design review guidelines applicable to the district as adopted by the Design Review Commission. Additionally, all proposed mining operations must comply with the standards contained in Chapter 17.44 of this Title.(f) Mining claims/parcels extending between Town and County. Unless properly subdivided, patented mining claims or parcels extending across the jurisdictional boundary between the Town and Clear Creek County shall be deemed a single lot or parcel for purposes of these regulations and that portion of the claim or parcel situated within the Town shall be subject to the regulations set forth in this Title. (Ord. 2 §4, 2001; Ord. 2 §1, 2003)CHAPTER 17.20Supplementary Regulations17.20.010 Fences, hedges and walls.A fence, hedge or wall shall be permitted in any district, subject to the specific requirements and design criteria of the district and to the following additional requirements:(1) All fences and walls shall be subject to the requirements of the building code.17-60 (2) It shall be the responsibility of the property owner to locate all property lines; and no fence, hedge or wall shall extend beyond or across a property line unless in joint agreement with the abutting property owner.(3) No fence, hedge or wall shall be placed nearer than six (6) inches to any public sidewalk or within any public right-of-way.(4) No barbed wire or other sharp, pointed fence shall be permitted, except as a temporary fence around a construction site during the period of construction or as a permanent fence to protect the public from contact with hazardous equipment or materials (such as electrical transformers, heavy construction equipment, propane storage tanks, etc.). Barbed wire on such fences shall be no less than eight (8) feet above the ground.(5) No electrically charged fence shall be permitted in any district.(6) On corner lots, no fence, hedge, structure, wall or landscaping display shall interfere with the unobstructed view over thirty-six (36) inches above the nearest street in a triangular area formed by the three (3) points established by: a. The intersection of the property lines at the corner; and b. By measuring twenty (20) feet back from this intersection on each property line, except that rail-type fences not exceeding forty-two (42) inches in height, with not more than two (2) four-inch rails, may be permitted in the restricted triangular area(7) Absent a duly approved variance, no fence or wall shall exceed six (6) feet in height as measured from the preexisting natural grade, except that in a front yard, fences or walls shall not exceed four (4) feet in height from the preexisting natural grade. (Ord. 320, Art. IV(A), 1981; Ord. 2 §1, 2003)17.20.020 Off-street parking areas.(a) Introduction. The purpose of this Section is to ensure that all land uses are served by an adequate supply of safe, attractive, convenient and efficient off-street parking.(b) Applicability. Off-street parking shall be provided that meets the minimum standards of this Section for any new building, for any enlargement of an existing building other than a single-family or two-family residence by six hundred (600) square feet or more of building area, for any conversion of uses that requires additional parking under this Section, or for the alteration of existing parking areas.(c) Enlargement or changes. For enlargement of any existing building or for change of use that would increase the total number of parking spaces required, additional parking shall be required only for such enlargement or change and not for the entire building or use.(d) Administration. The proposed method of complying with this Section shall be indicated on all plans required to be submitted to the Town for certificates of appropriateness and building permits.17-61 (e) Parking spaces required. All uses shall, at a minimum, be provided with the number of off- street parking spaces listed below. Buildings with more than one (1) use shall be provided with parking required for each use.(1) Single-family residential: two (2) spaces.(2) Multifamily residential: one and one-half (1.5) spaces per dwelling.(3) Motels, hotels, resorts: one (1) space per unit plus one (1) space per three hundred (300) square feet of floor area of nonresidential uses.(4) Nonresidential: one (1) space per three hundred (300) gross square feet of floor area.(5) Rental rooms in dwellings: see Section 17.20.060.(6) Bed and breakfasts: see Section 17.20.070.(f) Parking location. Off-street parking areas shall be provided on the same lot containing the use for which parking is required. Parking may also be provided on separate lots within five hundred (500) feet of the lot served, if the properties are in unified ownership or control. Use of the Town street rights-of-way shall not be used to meet off-street parking requirements.(g) Fee in lieu of parking. In Historic Commercial District, fees in lieu of required off-street parking may be made in whole or part to the Town parking fund. The fee per parking space shall be established by the Board of Selectmen and may be amended from time to time. The Town parking fund shall be used for any of the following with respect to Town parking facilities: design, purchase, lease, payment of bonds or other indebtedness, construction and maintenance. Fees in lieu of required off-street parking shall be paid before a building permit is issued.(h) Limitations on use of off-street parking. Parking spaces or areas required for off-street parking under this Section shall not be used for the sale, repair or dismantling of vehicles, equipment or machinery, or the storage of inoperable and/or unlicensed vehicles, equipment or machinery.(i) Parking access from the public right-of-way. No more than two (2) driveways from public streets shall be permitted per parking area. Access driveways shall be not less than ten (10) nor more than twenty-five (25) feet wide. No driveway edge shall be located within twenty (20) feet of the corner of a public street right-of-way. All parking areas of three (3) or more spaces, other than parking provided for one- or two-family residences, shall be so designed that no vehicle is required to back into a public right-of-way.(j) Parking area boundaries. The perimeter of parking areas for other than one- or two-family residences shall be separated from property lines by a minimum of five (5) feet. Suitable curbs or barriers shall be provided to protect adjoining public walkways, buildings and landscape.(k) Parking area design. Each off-street parking space shall be not less than nine (9) feet wide by nineteen (19) feet long. Aisles of adequate width for access to each parking space shall be provided. Landscaping and lighting shall comply with applicable design guidelines of the Design Review Commission.17-62 (l) Handicapped parking. For required off-street parking other than for single-family or two- family residences, handicapped parking shall be provided which meets the requirements of the Americans With Disabilities Act.(m) Parking area grading and surfacing. All off-street parking shall be graded for drainage. At a minimum, parking areas shall be surfaced with compacted gravel. Parking areas shall be maintained in good condition free of ruts, potholes, weeds and debris. (Ord. 477 §1, 1996; Ord. 487 §9, 1998; Ord. 491 §2, 1999)17.20.030 Home occupations.A home occupation shall be allowed as a permitted accessory use, provided that the following conditions are met:(1) Such use must be conducted entirely within a dwelling and carried on by the inhabitants living there and no others.(2) Such use must be clearly incidental and secondary to the use of the dwelling for dwelling purposes and must not change the residential character thereof.(3) The total area used for such purposes may not exceed one-half (½) the first floor area of the user's dwelling.(4) There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation, including advertising signs or displays on the premises.(5) There shall not be conducted on the premises the business of selling stocked goods, supplies or products, to the extent that it violates other subsections of this Section.(6) There must be no exterior storage on the premises of material or equipment used as a part of the home occupation.(7) No equipment or process shall be used in such home occupation which creates any glare, fumes, odors or other objectionable conditions (see definitions) detectable from off the lot, if the occupation is conducted in a single-family dwelling, or outside the dwelling unit if conducted in other than a single-family dwelling.(8) No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood; and any need for parking generated by the conduct of the home occupation shall be met off the street and not in a required yard adjacent to a street.(9) Businesses not allowed and/or considered to be home occupations include, but are not limited to: antique shop, barber shop, beauty parlor, wig styling, clinic, mortuary, nursing home, restaurant, veterinarian clinic, dancing studio or other business of similar type or operation. (Ord. 320 Art. IV(C), 1981; Ord. 2 §1, 2003)17-63 17.20.040 Lighting.Any outdoor light used for the illumination of parking areas, off-street loading areas or any other purpose shall be installed and operated in such a manner as to meet the following conditions:(1) Lights must be downcast and shielded so that the beams or rays of light will not be directed or shine skyward or directly on or into surrounding residential properties.(2) The direct or reflected light from any light source shall not create a traffic hazard to operators of motor vehicles on public thoroughfares.(3) No colored lights shall be used at any location or in any manner so as to be confused with or construed as traffic control devices.(4) No beacon lights or blinking, flashing or fluttering lights, or other illuminated device which has a changing light intensity, brightness or color, shall be permitted in any district except for temporary holiday displays. (Ord. 320, Art. IV(D)17.20.050 Parking, storage and use of recreational vehicles, etc.The following regulations shall apply in all districts to the parking, storage and use of travel trailers, tent trailers, detached pickup campers or coaches, motorized dwellings, boats and boat trailers, snow vehicles, cycle trailers, utility trailers and vans, horse trailers and vans, and similar vehicular equipment; except in the case of places used for sale, storage or repair of such equipment in districts where such places are permitted by district regulations:(1) Travel trailers, tent trailers, pickup campers or coaches, motorized dwellings and/or vans shall not be used for living or housekeeping purposes, and no business shall be conducted within any such equipment.(2) Travel trailers, tent trailers, detached pickup campers or coaches, boats and boat trailers, cycle trailers, utility trailers and vans, horse trailers and vans, which are parked out of doors shall be adequately blocked and/or tied down or otherwise secured so that such vehicles do not roll on slopes and are not moved about by high winds.(3) No vehicle or vehicular equipment regulated by this Section shall be stored on or within public property or rights-of-way, nor shall such vehicles or equipment be stored out-of-doors unless it is in condition for the safe and effective performance of the functions for which it is intended and is appropriately and currently licensed. (Ord. 320 Art. IV(E), 1981; Ord. 2 §1, 2003)17.20.055 Parking and storage of commercial trucks, construction equipment and machinery prohibited; exceptions.(a) No commercial truck, truck trailer, construction vehicle, equipment or machinery, mining equipment, or bus exceeding seven thousand (7,000) pounds gross vehicle weight (GVW), and no truck-tractor or semitrailer shall be parked or stored on any street, alley, lot or parcel within any zone district in the Town, except as allowed in the Gateway Mountainside Industrial District, unless fully enclosed in a garage or other building.(b) The prohibitions in Subsection (a) above shall not apply to the following:17-64 (1) Vehicles, equipment or machinery engaged in services such as deliveries or pickups, or being actively used in construction activities at an active construction site at or within one hundred (100) feet of the location where the vehicle, equipment or machinery is parked.(2) Vehicles, equipment or machinery which are used in conjunction with, and which are parked and/or stored on the premises of, a duly licensed business which is being operated in conformity with all applicable zoning regulations.(3) Pickup trucks and vans.(4) The transient parking or storage of vehicles, equipment or machinery by guests or customers within a parking lot associated with lodging services at a hotel, motel or other public accommodations facility.(5) Tourist and school buses engaged in the discharge or loading of passengers and parked in areas authorized and designated by the Chief of Police.(6) Commercial trucks, truck-tractors or semitrailers parked in a parking space, zone or area within a public street, alley or right-of-way designated by the Chief of Police for such use. (Ord. 491 §3, 1999; Ord. 504 §2, 1999)17.20.060 Renting of rooms.(a) Single-family dwellings: the renting of rooms to one (1) or two (2) persons, not members of the family residing in the same single-unit dwelling, may be permitted as an accessory use provided that the following conditions are met:(1) The total number of unrelated roomers in any one (1) dwelling unit, must not exceed three (3);(2) Quarters used by the roomers must not be more than one-third (⅓) the total floor area of the dwelling unit;(3) The dwelling unit must have only one (1) electric meter; and(4) Where the renting of a room is to two (2) or more, at least one (1) additional off-street parking space must be provided.(b) Two-family and multiple-family dwellings: the renting of rooms to one (1) or two (2) persons not members of the family residing in the same dwelling unit may be permitted as an accessory use, provided that the total number of unrelated roomers in any dwelling unit must not exceed four (4). Where the renting of a room is to two (2) or more roomers, at least one (1) additional off-street parking space must be provided. (Ord. 320 Art. IV (F), 1981)17.20.070 Bed and breakfast.(a) Definitions.Bed and breakfast means a single-family residential structure which provides temporary guest lodging (other than a hotel or motel) pursuant to the following requirements:17-65 a. Temporary lodging for periods of twenty-eight (28) days or less. b. The number of rental guest rooms (none of which may contain food cooking or preparation appliances or facilities) shall be allowed as follows:1. Five (5) or fewer rental guest rooms shall be allowed in the Historic Mixed-Use District.2. For the Historic Residential, Millsite Residential, Meadows Residential and Hillside Residential District: a) Three (3) or fewer rental guest rooms shall be allowed for properties with a lot square footage of seven thousand four hundred ninety-nine (7,499) square feet or less; b) Four (4) or fewer rental guest rooms shall be allowed for properties with a minimum lot square footage of seven thousand five hundred (7,500) square feet and a maximum lot square footage of nine thousand nine hundred ninety-nine (9,999) square feet; and c) Five (5) or fewer rental guest rooms shall be allowed for properties with a lot square footage of ten thousand (10,000) or more square feet. c. The number of guests allowed shall be as follows:1. For five-room facilities, ten (10) or fewer adults over the age of eighteen (18) years at any one (1) time. Children shall be allowed, if accompanied by an adult.2. For four-room facilities, eight (8) or fewer adults over the age of eighteen (18) years at any one (1) time. Children shall be allowed, if accompanied by an adult.3. For three-room facilities, six (6) or fewer adults over the age of eighteen (18) years at any one (1) time. Children shall be allowed, if accompanied by an adult. d. Only the breakfast meal may be served for guests. e. A host must reside on the premises.Host shall mean a person who maintains his or her permanent residence on the premises that are licensed for bed and breakfast operation and who is regularly present to receive and serve guests.(b) Bed and breakfast facilities and accommodations are permitted as an accessory use in a single-family dwelling, provided that the following conditions are met:(1) A nontransferable special use permit has been granted to the bed and breakfast operator who is the owner or occupant of the premises, or who has the written consent of the premises owner.(2) The bed and breakfast use complies with the requirements of Section 17.20.030, Home occupations, except Subsection (3) thereof.17-66 (3) There are separate bath and sanitary facilities from those of the host for every two (2) guest rooms.(4) No other services or accessory uses normally associated with a hotel or motel, including the sale of any item, are provided.(5) A business license for the bed and breakfast has been obtained.(c) The parking requirement of Section 17.20.060 for rental rooms shall not apply to bed and breakfasts; provided, however, that the bed and breakfast facility shall provide one (1) additional off- street parking space for each guest room. The additional parking space may be located off-site, but shall be provided on private property. The use of public parking lots or other public property to meet the off-site parking needs of a licensed bed and breakfast facility is expressly prohibited. The number of guest rooms which the permittee is allowed to rent shall not exceed the number of private parking spaces that are required for guests. (Ord. 370 §2, 1985; Ord. 389 §1, 1986; Ord. 2 §1, 2003; Ord. 7 §§1, 2, 2006)17.20.080 Satellite dish antennae.(a) Purpose. The Town is designated as a National Historic Landmark District and has an interest in preserving its historic character. The unregulated construction of satellite dish antennae will have an adverse effect on the historic character of the Town, and the following will regulate the construction of such antennae while still maintaining the historic character of the Town to the greatest extent possible.(b) Definition. For the purpose of this Section, a satellite dish antenna shall mean a dish-shaped or parabolic-shaped reception or transmission antenna which is more than two (2) feet in diameter (including dishes stored or temporarily placed for more than one [1] day) for the reception and/or transmission of satellite signals, including, but not limited to television signals, AM radio signals, FM radio signals, telemetry signals, data communications signals or any other reception or transmission signals using free air space as a medium, whether for commercial or private use.(c) Satellite dish special use. A satellite dish shall be permitted in any district subject to the specific requirements and design criteria for special uses as provided in Chapter 17.24 and this Section.(d) Application. An application for a satellite dish special use permit shall set forth the following:(1) Site plan showing proposed location of the satellite dish antenna.(2) Description of satellite dish antenna (i.e., size, design, materials, etc.).(3) Color sample (if applicable).(4) Landscape plan.(5) Elevations, photographs or renderings of the proposed installation.(6) Payment of a nonrefundable application fee.17-67 (e) Conditions. All satellite dish antennae shall comply with the following requirements:(1) No more than one (1) satellite dish antenna shall be allowed on any lot.(2) The temporary use and/or installation of a satellite dish antenna shall be limited to a maximum period of one (1) day. Only three (3) temporary installations shall be allowed per business or residence per calendar year.(3) The maximum height allowed for any satellite dish antenna, when measured from the top of the satellite dish antenna down to existing or finished grade, whichever is more restrictive, shall not exceed fifteen (15) feet.(4) The maximum diameter of any satellite dish antenna installed for use at a single residence, multiple-family dwellings or business shall be nine (9) feet.(5) No advertising, logo or identification which is visible more than five (5) feet from the dish shall be allowed on any satellite dish antenna.(6) Satellite dish antennae shall comply with the existing setback requirements of the zone district in which the satellite dish antenna is installed. Satellite dish antennae and their supporting structures shall be prohibited in easements and public rights-of-way.(7) Issuance of a building permit from the Building Inspector/Official shall be required prior to the installation of any satellite dish antenna.(8) Adjacent property owners and owners of dwelling units on the same lot as the applicant shall be notified of any application for the installation of a satellite dish antenna in accordance with the procedure specified for special use permit applications. Names and mailing addresses of adjacent property owners, and of owners of dwelling units on the same lot as the applicant, shall be provided to the Town by the applicant.(9) All wiring and cable related to a satellite dish antenna shall be installed underground.(10) The use of mesh satellite dish antennae is preferred because of their ability to be more sensitively integrated on a site or structure.(11) The use of appropriate colors shall be required to provide for a more sensitive installation when integrating a satellite dish antenna onto a site or structure. Color selection for a satellite dish antenna should be made with respect to specific characteristics on a site or structure. Unpainted surfaces and satellite dish antennae with reflective surfaces shall not be allowed.(12) Locations of satellite dish antennae shall be made so as to insure that the antenna is screened from view from any public right-of-way or adjacent property to the highest degree possible. By the highest degree possible, it is meant that the applicant shall be required to provide such screening as will shield the satellite dish antenna maximally, without unreasonably limiting, or preventing, reception of satellite-delivered signals. If the screening proposed by an applicant is rejected, it shall be the burden of the applicant to demonstrate that additional screening and/or a location change of the site of the satellite dish antenna would unreasonably limit, or prevent, reception of satellite delivered signals. In addition to effective site planning, screening a satellite dish antenna may be accomplished through the use of landscaping materials, fencing, existing17-68 structures, sub-grade placements or other means that both screen the satellite dish antenna and do not appear unnatural on the site.(13) Satellite dish antennae on or attached to existing structures shall be architecturally integrated into the structure.(14) Landscaping or other site improvements intended to screen a satellite dish antenna must be fully completed within one hundred twenty (120) days of the granting of the permit to install a satellite dish antenna.(15) All improvements required for the purpose of reducing the visibility of a satellite dish antenna shall remain in place so long as the antenna remains in place, unless permission to alter or remove said improvements is obtained. All improvements required to reduce the visibility of a satellite dish antenna shall be adequately maintained and repaired and shall not be allowed to become dilapidated or fall into a state of disrepair. (Ord. 407 §1, 1988; Ord. 2 §1, 2003)17.20.090 Personal wireless telecommunication services facilities.(a) Purpose. It is the purpose and intent of this Section to apply to and regulate the placement, construction, appearance and modification of personal wireless telecommunication service facilities to the maximum extent allowed under federal and state law so as to ensure and protect the historic, aesthetic, planning and safety values and goals underlying this Title. The regulations set forth in this Section shall be liberally construed in furtherance of such values and goals, and shall be applied and enforced in addition to any licensing and environmental assessment processing required by the Colorado Public Utilities Commission and/or under the Federal Communications Act of 1934 or the National Historic Preservation Act.(b) Definitions. As used in this Section, the following terms shall have the following meanings unless the context clearly indicates that a different meaning is intended:Personal wireless telecommunication services means communication services involving the transmission of voice or other information by radio between mobile stations or receivers and land stations, or between mobile stations themselves, including, by way of example and not limitation, cellular telephone, paging and mobile radio services.Personal wireless telecommunication service facilities means unmanned facilities or equipment for the reception, transmission or switching of personal wireless telecommunications and/or telecommunication services utilizing frequencies that may or may not be licensed by the Federal Communications Commission.Residential lot or parcel means any lot or parcel of land which is occupied by a structure or structures whose principal use is for housing individuals or families, including single-family, multifamily or apartment structures, or that is limited by zoning regulation to residential use.(c) Permits. Notwithstanding any provision to the contrary contained within this Title, no personal wireless telecommunication service facility shall be located, constructed or maintained within the Town absent a permit authorized and issued under this Section. Such permit shall be required in addition to any license granted under federal or state law for the operation and construction of a personal wireless telecommunication service facility. Permits for personal wireless telecommunication service facilities shall be processed, evaluated and issued utilizing the procedures17-69 and standards contained in Chapter 17.24 for special uses. In addition to the procedures and standards set forth in Chapter 17.24, the following criteria shall also be applied in the permitting of personal wireless telecommunication service facilities:(1) The owner/operator of a proposed facility shall document in writing that it complies, and will continue to comply, with current Federal Communications Commission standards for cumulative field measurements of radio frequency power densities and electromagnetic fields, and Federal Communications Commission regulations prohibiting localized interference with the reception of television and radio broadcasts.(2) A proposed facility, including antennae, shall not exceed the maximum structure height established for the zoning district in which the facility is to be located.(3) The siting of a proposed facility must utilize existing or new land forms, vegetation, landscaping and structures so as to screen the facility from surrounding properties and public rights-of-way to the maximum extent possible, and/or blend the facility into its surrounding environment.(4) Facility design, materials, color and support structures, if any, shall be compatible with the surrounding environment, and monopole antennae and/or support structures shall be tapered from base to tip.(5) Any accessory equipment, shelters or components shall be grouped together as closely as possible and screened from view.(6) Building roof- or wall-mounted facilities must comply with underlying zoning dimensional requirements and limitations. Wall-mounted facilities shall be favored over roof- mounted facilities.(7) Personal wireless telecommunication facilities shall not be permitted on residential lots or parcels.(8) Panel antennae shall not exceed twenty (20) square feet.(9) All permits for personal wireless telecommunication service facilities shall be subject to a bond or other adequate financial security posted by the permittee and deposited with the Town to ensure the disassembly and removal of the facility upon the expiration of the facility's permit. The bond or other security shall designate the Town as beneficiary.(d) Denial of permit. A final decision to deny an application for a permit under this Section shall be in writing and supported by substantial evidence contained in a written record.(e) Removal of personal wireless telecommunication service facilities. If a personal wireless telecommunication service facility should cease operation for a period of six (6) consecutive months or more, the permit for such facility shall automatically expire and the facility owner or operator shall disassemble and remove the facility within sixty (60) days. Upon the refusal or failure of an owner and/or operator to timely remove a facility as required under this Section, the facility shall be deemed an abandoned illegal structure subject to abatement as a public nuisance. (Ord. 486 §1, 1998)17-70 CHAPTER 17.24Special Uses17.24.010 Definition.Uses designated as special uses in any district or by this Chapter are conditional uses which may or may not be appropriate in a particular location, depending on the nature of the use; its relationship to surrounding land uses; its impact with respect to environmental, social, architectural and economic concerns; and its impact upon scenic or other important views; and also depending on the impact of environmental conditions upon the use itself. It is the intent of this Chapter to require review of such uses so that the community is assured that they are compatible with their locations and surrounding land uses, do not constitute a hazard to either the users of the property or the community in general, and they are compatible with the purposes of this Title and with the Georgetown Plan. (Ord. 320 Art. VI, 1981)17.24.020 Procedure.Procedures for application, review and approval, disapproval or conditional approval of a special use are described in Chapter 17.12 of this Title. (Ord. 320 Art. VI(A), 1981)17.24.030 Limitations on approval.(a) Any person who wishes to alter a structure or change a use or method of operation of an activity governed by a special use permit in a manner not provided for by that permit shall first apply to the Town for a new special use permit.(b) Any special use permit shall expire after any continuous period of six (6) months of nonuse unless an extension is requested from and approved by the Planning Commission, or the special use permit was deemed to run with the land to which it applies when it was originally approved. (Ord. 320 Art. VI(B), 1981; Ord. 2 §1, 2003)17.24.040 Uses requiring special use review and approval.The following uses are hereby designated as special uses and shall be subject to the applicable requirements of this Chapter:(1) Any use designated as a special use in the district regulations (Chapter 17.16).(2) Any change in a nonconforming use, including: a. An increase in size or expansion of the use within a building or on the same lot; or b. A change to another nonconforming use.(3) Any use to be located on a lot or parcel having an average cross-slope in excess of thirty percent (30%). (Ord. 320 Art. VI(C), 1981; Ord. 2 §1, 2003; Ord. 4 §1, 2006)17-71 17.24.050 General criteria, conditions.(a) No special use review permit shall be approved unless the Planning Commission finds that the application:(1) Complies with all requirements imposed by this Chapter;(2) Is consistent with the intent and purpose of this Title as declared in Chapter 17.04; and(3) Is designated to be compatible with surrounding land uses and the area of its location.(b) In considering an application for a special use permit, the Planning Commission shall consider and may impose modifications or conditions concerning, but not limited to, the following development features, to the extent such modifications or conditions are necessary to insure compliance with the criteria of Subsection (a) above:(1) Size and location of site;(2) Street and road capacities in the area;(3) Ingress and egress to adjoining public streets;(4) Location and amount of off-street parking;(5) Internal traffic circulation system;(6) Fencing, screening and landscaped separations;(7) Building bulk and location;(8) Usable open space;(9) Signs and lighting;(10) Noise, vibration, air pollution and other environmental influences; and(11) Hours of operation.(c) Any such conditions imposed by the Planning Commission may include requirements that are more restrictive than those otherwise required by the district regulations or by this Chapter, where such requirements serve to further the purpose of this Chapter and this Title, and to provide necessary protection of the public health and safety. (Ord. 320 Art. VI(D), 1981)17.24.060 Criteria for approval of a change in a nonconforming use.(a) Approval of requests for changes, additions or expansions of a nonconforming use shall be granted only when it can be shown that the following criteria, insofar as applicable, are met:(1) All reasonable measures will be undertaken to alleviate or reduce the incompatibility or adverse effects of the nonconforming use or building upon abutting properties or in the17-72 neighborhood; e.g., objectionable conditions, visual or noise pollution, dust or air pollution, vehicular traffic or on-street parking.(2) All changes, additions or expansions shall comply with all current development requirements and conditions of this Title.(3) Additions to buildings will provide for storage of necessary equipment, materials and refuse, rather than create a need for additional outside storage; and/or(4) The building as it exists, and/or the land or use involved, cannot reasonably be utilized under the provisions of this Title, or cannot be made to conform with this Title. (Ord. 320 Art. VI(E), 1981)17.24.070 Uses to be located on lots where average slope exceeds 30%.(a) Purpose and intent. The purpose and intent of the regulations contained in this Section shall be to:(1) Protect the scenic value of hillsides from destruction of the natural topography, topographic features and vegetation;(2) Protect the public from potentially hazardous conditions, such as slope failure, due to steep grades;(3) Protect natural drainage ways and prevent the scarring of hillsides and soil erosion which result from grading, cuts and fills; and(4) Encourage planning, design and development of buildings and building sites so as to provide maximum safety and human enjoyment while adapting development to, and taking advantage of, the best use of the natural terrain.(b) Applicability.(1) These regulations shall apply to applications for permits to engage in development on a lot or parcel in any district where the natural terrain of the lot or parcel, or any portion thereof, has a slope of thirty percent (30%) or more, after deduction of land having a slope of forty percent (40%) or more.(2) In determining slope, the following formula shall be used:0.0023 x I x L S = A Where S = average percent slope of site, after deducting any portion of the site having a slope of 40% or more. I = contour interval, in feet. L = summation of length of contour lines, in feet. A = area of parcel being considered, excluding the 40% and greater slope area, in acres.(3) The provisions of this Section shall not apply to any structure or use existing on the date of adoption of this Code, provided that, when such a use shall be discontinued for six (6) months or more, or a structure is damaged or destroyed to the extent of at least fifty percent (50%) of the17-73 appraised value, any reuse, reconstruction or replacement of such structure shall be deemed a new use and shall be subject to the provisions of these regulations.(4) Any alteration, addition or repair to any existing structure which involves the addition of five hundred (500) square feet or more, or one-half (½) of the existing square footage, whichever is less, to the structure shall be subject to the regulations of this Section.(c) Reports and studies required.(1) No person shall engage in any development or activity on any lot or parcel covered by these regulations without first obtaining a special use permit. Any application for a permit to conduct a development or activity on such lot or parcel shall not be considered complete or be accepted unless and until it is accompanied by the following: a. All applicable information concerning the site and the proposed development as listed in the Appendices to this Title; b. A tentative grading plan indicating the location and extent of proposed cuts and fills; c. A statement concerning the compliance or noncompliance of the proposed development with the applicable provisions of this Section. Such statement need not include any representations or certifications concerning potential use or structures on the site which involve actions by future users, occupants or owners of the property, which actions are not within the ability of the certifying party to attest to or control.(2) All engineering work prepared under the requirements of this regulation shall be prepared by or under the responsible direction of a registered professional engineer, who shall be experienced and competent in the engineering specialty required to meet the objectives of this regulation.(d) Guidelines for permit approval.(1) Any use which is allowed as a permitted use or a special use in the underlying district shall be permitted on a lot subject to the requirements of this Section, except that no use involving a structure shall be permitted on any land having a cross-slope of forty percent (40%) or more.(2) In no case shall the Planning Commission place restrictions on a lot which will result in the use of land with less than forty percent (40%) slope being unreasonably withheld.(3) The maximum building coverage on any site subject to these regulations and guidelines shall be determined by the following formula:Percent building coverage = 80 - (2 x average slope*)* as calculated in Section 17.24.070(b)(2)(4) In order to maintain the original terrain and natural features of a site, insofar as is possible, the following criteria and guidelines shall apply: a. Natural slope lines, as seen in profile, should be retained.17-74 b. Where practicable, the historic character and features of a site – old buildings, retaining walls and other signs of the past – should be respected and retained. c. Cuts, fills, grading and scraping of the site should be confined to the minimum area needed for construction. d. Topsoil should be removed and saved prior to any grading or excavation and replaced for revegetation. e. Natural vegetation should be retained and protected wherever feasible. f. Natural features, including, but not limited to, rock outcroppings, major trees and tree belts, and drainage courses, should be protected and retained wherever possible. g. Buildings should be stepped up or down the hillside whenever possible, rather than being placed on a building pad created by excavation or fill.(5) In order to control or prevent erosion of soil and destruction of natural drainage way, the following shall apply: a. Any necessary cuts and fills shall be adequately designed, engineered and vegetated to control runoff, erosion and the stability of the entire mass. b. Natural drainage patterns should be preserved and protected from increased water flows or rates of flow which could alter such patterns or subject existing channels and adjacent areas to increased erosion.(6) The following guidelines shall apply to roads, driveways and parking areas: a. Access drives, driveways and roads should follow natural topography wherever possible to minimize cutting, filling, grading and erosion; b. On-street parking shall not be permitted. Parking areas provided on-site should be on the uphill side of the lot, behind buildings, or enclosed.(7) Clustering or grouping of buildings to utilize common accessways, save open areas, and preserve the natural terrain shall be encouraged.(8) Buildings should be kept back from roads, away from the ends of cul-de-sacs and from the ends of streets ending at the base of the hill, and away from the direct view of motorists going around bends in the road.(9). Building design, materials and colors should blend with the natural surroundings. Buildings should reflect the scale and proportion of surrounding trees, and as seen on the face of the hillside, should appear higher than they are wide.(10) Rooftop utilities should be avoided, or should be screened or otherwise integrated into the rooftop.17-75 (11) Building foundations should blend with the color and texture of the hillside, and stone terracing should be used wherever such support is required. (Ord. 320 Art. VI(F), 1981; Ord. 2 §1, 2003)17.24.080 Uses to be located within a flood hazard area.Uses located within a flood hazard area will be governed by Title 21, "Flood Damage Prevention." (Ord. 320 Art. VI(G), 1981)CHAPTER 17.28Subdivisions17.28.010 Intent.It is the intent of the regulations and requirements established in this Chapter to further the general purposes and intent of this Title, and to:(1) Ensure conformance of land subdivision plans with the public improvement plans of the Town;(2) Encourage well-planned subdivisions by establishing adequate standards for design and improvement;(3) Improve land survey monuments and records by establishing standards for surveys and plats;(4) Safeguard the interests of the public, the homeowner and the subdivider;(5) Prevent and control erosion, sedimentation and other pollution of surface and subsurface water;(6) Prevent flood damage to persons and property and minimize expenditures for flood relief and flood control projects;(7) Restrict building on flood lands, shorelands, areas covered by poor soils and in areas poorly suited for building or construction;(8) Prevent loss and injury from landslides and other geologic hazards; and(9) Promote subdivision design which is in keeping with the established development patterns in the Town. (Ord. 320 Art. VII(A), 1981)17.28.020 Applicability.The provisions of this Chapter shall apply to all subdivisions, or the attempted subdivision, of land within the Town.(1) For purposes of this Title, the term subdivision shall mean and include:17-76 a. A lot or other parcel of land which has been divided into two (2) or more lots or separate interests for the purpose, whether immediate or in the future, of ownership, development, sale or conveyance. b. The process of dividing, or the division of, lots or parcels of land into two (2) or more separate lots, tracts, parcels or separate interests whether by metes and bounds description or other conveyance, or under the terms of the Town's subdivision regulations. c. The consolidation, aggregation or reconfiguration of lots or parcels into one (1) or more new lots, and includes resubdivision.(2) Unless a division of land as specified below is undertaken and/or adopted for the purpose of evading the requirements of this Chapter, the term subdivision shall not apply to any division of land: a. Which is created by order of any court in this state, or by operation of law, provided that the Town is given timely notice of and an opportunity to participate in such proceeding prior to the entry of the court order and the Town does not file an appropriate pleading within twenty (20) days after receipt of such notice from the court. b. Which is created by a lien, mortgage, deed of trust or any other security instrument, or the foreclosure thereof. c. Which creates a cemetery lot. d. Which creates an interest in oil, gas, minerals or water which is severed from the surface ownership of the real property. e. Which is created by the acquisition of an interest in land in the name of a husband and wife, or other persons, in joint tenancy or as tenants in common, and any such interest shall be deemed for purposes of this Chapter to be only one (1) interest. f. Which creates an easement or right-of-way for utility installations, solar access, open space or pedestrian/vehicle travel. g. Which is created by a contingency contract for the sale of land which is dependent upon the purchaser obtaining approval pursuant to this Chapter to subdivide the land subject to the contract. h. Which is exempted by the Board of Selectmen by written resolution after a public hearing at which it is determined that the subject division of land is not within the intent and purposes of this Chapter. i. Which is the separation of the whole of an original townsite lot from one (1) or more abutting original townsite lots that are held under one (1) ownership for purposes of conveyance. (Ord. 320 Art. VII(B), 1981; Ord. 2 §5, 2001; Ord. 2 §1, 2003)17-77 17.28.030 Procedure.The required procedure for submission, review and approval of the conceptual plan, preliminary plat and final plat for a subdivision is described in Chapter 17.12. (Ord. 320 Art. VII(C), 1981)17.28.040 Transfer of parcels; adjustment of lot lines.(a) Notwithstanding any other requirement within this Chapter, the following land development activities shall be exempt from the full subdivision process and procedures set forth in this Title:(1) Lot line adjustment. An adjustment of a lot line between two (2) contiguous lots if all of the following conditions have been met: a. The requested adjustment is necessary to correct a survey or engineering error in a recorded plat, or to allow an insubstantial boundary change between adjacent lots or parcels to relieve hardship or practical necessity, or to allow a transfer of land from a larger conforming lot to a smaller nonconforming lot so as to make both lots conforming, or to allow a boundary change between lots or parcels that will not result in increased density. b. All owners whose lot lines or boundary lines are subject to the adjustment shall join in the lot line adjustment application. c. No new development shall be allowed on the lots absent review and approval under the provisions of this Title.(2) Elimination of lot lines. The elimination of lot lines to consolidate and merge contiguous lots into a single lot if all of the following conditions have been met: a. The lots to be consolidated are under one (1) and the same ownership. b. The consolidated lot resulting from the elimination of lot lines will not exceed any lot size maximum or other regulation established for the zone district in which the lot is situated. c. No new development shall be permitted on the consolidated lot absent prior review and approval of the proposed development under the provisions of this Title.(3) Duplex conversion subdivision. The division of a single lot on which an existing duplex dwelling is located into two (2) separate lots if all of the following conditions have been met: a. The existing duplex is divided along a fire-resistant common wall into two (2) separate single-family dwelling units on separate lots of conforming size in the zone district. b. Each of the dwelling units is served by its own separate utility service lines and meters, inclusive of water, sewer, electricity and natural gas. c. A common-wall maintenance agreement shall be established and recorded to run with the land comprising the proposed new lots. d. Except for the original primary structures comprising the dwelling units and any common and/or side-by-side connected garages and/or driveways, all new structures, or any17-78 expansion of any existing structures, on the two (2) new lots shall be subject to the setback requirements for the underlying zone district in which the lots are located. e. The proposed new lots shall each have their own direct access to a street or alley.(b) Exemption procedures. Land development activities eligible for exemption from normal subdivision standards and processes shall be subject to the following procedures:(1) All applicants for a subdivision exemption shall meet with the Town Administrator to discuss exemption procedures prior to the submission of an application.(2) All applicants shall submit a complete application accompanied by any required fee and a professionally prepared draft subdivision exemption plat substantially conforming in all respects to the applicable requirements of this Title and illustrating all proposed adjusted lot lines and lots. The applicant shall provide not less than an original and two (2) copies of the proposed subdivision exemption plat unless otherwise specified by the Town Administrator.(3) All applications for exemption from the full subdivision approval process shall be initially reviewed by the Town Administrator for recommendation and then forwarded to the Chairperson of the Planning Commission, who shall approve or deny same within thirty (30) days without need for notice or hearing. Appeals from a decision of the Chairperson of the Planning Commission shall be to the Board of Selectmen in accordance with the procedures set forth in Subsection (5) below.(4) Upon approval of an application, the Chairperson of the Planning Commission shall sign a reproducible Mylar original and two (2) prints/copies of the final subdivision exemption plat substantially conforming in all applicable respects to the requirements of this Title, including the dedication of any necessary easements, streets or other land necessary for public uses. One (1) print shall be returned to the applicant. The Town Clerk shall file the approved plat with the County Clerk and Recorder as soon as reasonably possible, with the cost thereof to be borne by the applicant.(5) Appeals from a decision approving or denying a subdivision exemption shall be made to the Board of Selectmen in writing by filing same with the Town Clerk within fifteen (15) days from the date of the decision appealed from. All appeals shall be heard by the Board of Selectmen de novo and shall be conducted at a public meeting within thirty (30) days from the filing of the appeal, or as soon thereafter as can be accommodated. The Town Clerk shall both (1) notify the appellant by regular mail of the date the appeal shall be heard, and (2) post notice thereof at Town Hall and other designated locations not less than ten (10) days in advance of the hearing. The decision of the Board of Selectmen on appeal may be issued orally, but shall thereafter be reduced to writing not more than thirty (30) days after the conclusion of the hearing and mailed to the appellant. (Ord. 320 Art. VII(D), 1981; Ord. 2 §5, 2001; Ord. 2 §1, 2003)17.28.050 Public improvements and subdivision infrastructure design.No subdivision shall be approved unless the public facilities and infrastructure necessary to support and serve the subdivision satisfy, at a minimum, the public improvements and subdivision infrastructure design criteria set forth in this Municipal Code and/or Clear Creek County Subdivision Regulations, as amended and/or supplemented by the Town, and those engineering standards17-79 generally recognized and accepted by professionals working in the field of civil engineering. In cases of conflict between applicable regulations, the regulation best serving the public safety and welfare will prevail. The Board of Selectmen may reduce, vary or waive any particular design standard upon a finding that application of the standard is not necessary in a given situation, and that a variance or waiver can be allowed without jeopardizing the public health, safety or welfare. (Ord. 320 Art. VII(E), 1981; Ord. 2 §5, 2001)17.28.060 Utilities and improvements.The following improvements shall be constructed at the expense of the subdivider as stipulated in the subdivision improvement or development agreement approved by the Board of Selectmen, and as consistent with sound construction and engineering practices. Where specific requirements are spelled out in other sections of these regulations, they shall apply:(1) Road, grading and surfacing.(2) Curbs, if required.(3) Sidewalks, if required.(4) Sanitary sewer laterals and mains, where required.(5) Storm sewers or storm drainage system, as required.(6) Water distribution system, where applicable.(7) Street signs at all street intersections.(8) Permanent reference monuments and monument boxes.(9) Landscaping, if required.(10) Other facilities as may be specified or required in these regulations by the Planning Commission.(11) All electric and communication utility lines and services, and all street lighting circuits, except as hereinafter provided, shall be installed underground, and street lighting shall be provided by means of the utilities standard ornamental facilities. a. Excepted from the requirements of the foregoing and this Section shall be the following:1. Transformers, switching boxes, terminal boxes, meter cabinets, pedestals, ducts and other facilities necessarily appurtenant to such underground and street lighting facilities may be placed above ground within the utility easement provided therefor, or within the street or other public place as appropriate;2. All facilities reasonably necessary to connect underground facilities to existing or permitted overhead or aboveground facilities;17-80 3. Overhead electric transmission and distribution feeder lines and overhead communication long distance, trunk and feeder lines, existing or new; and4. It shall not be necessary to remove or replace existing utility facilities used or useful in serving the subdivision. b. The subdivider shall be responsible for complying with the requirements of this Section and shall present evidence prior to final approval of any plat that necessary arrangements have been made with each of the serving utilities, including payment for any construction or installation charges, for the installation of facilities in compliance herewith. c. The provisions of this Section shall not apply to existing facilities or subdivisions platted prior to the adoption of these regulations. d. Deviations from the requirements, other than the above exceptions, shall be only with the written recommendation of the Planning Commission and the Board of Selectmen after a written request has been submitted by the subdivider.(12) All slash materials, vegetative residues, fallen trees, limbs, roots, etc., shall be removed from the development, or in the case of large limbs and trees, be cut for firewood and stacked at appropriate locations. (Ord. 320 Art. VII(F), 1981; Ord. 2 §5, 2001)17.28.070 Guarantee of public improvements.(a) Guarantees. No final plat shall be approved or recorded until the subdivider has submitted, and the Board of Selectmen has approved, one (1) or a combination of, the following:(1) A subdivision improvements agreement guaranteeing to construct any required public improvements shown in the final plat documents, together with collateral security in the form of a corporation surety bond or letter of credit in an amount equal to one hundred fifteen percent (115%) of the estimated cost of installing the public improvements and conditioned upon satisfactory completion of such improvements as called for in the agreement and in accordance with design and time specifications; or(2) 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 which, in the judgment of the Board, will make reasonable provisions for completion of said improvements in accordance with design and time specifications.(b) Use of guarantees, return thereof. As improvements are completed, the subdivider may apply to the Board of Selectmen for a release of part or all of the collateral deposited with the Board. Upon inspection and approval, the Board of Selectmen shall release said collateral. If the Board determines that any of such improvements are not constructed in substantial compliance with specifications, it shall furnish the subdivider a list of specific deficiencies and shall be entitled to withhold collateral sufficient to ensure such substantial compliance. If the Board determines that the subdivider will not construct any or all of the improvements in accordance with all of the agreed-upon specifications, the Board may withdraw and employ from the deposit of collateral such funds as maybe deemed necessary to construct the improvement or improvements in accordance with the specifications.17-81 (c) Warranty period. The collateral security required in Subsection (a), above, in an amount equal to fifteen percent (15%) of the total cost of installing the public improvements, shall remain in full force and effect, for a period of one (1) year after completion of the improvements and their acceptance by the Town in order to guarantee performance of any required repairs or maintenance during the one-year period. (Ord. 320 Art. VII (G), 1981)CHAPTER 17.30Planned Unit Development17.30.010 Purpose.The purpose of planned unit development (PUD) is to encourage innovation and flexibility in the development of land so as to promote variety in the type, design and layout of buildings; improve the integration, character and quality of land uses; promote the more efficient use of land while achieving compatibility of land uses; achieve economy in the delivery and maintenance of public services; preserve open space and natural and scenic areas; and preserve and protect the Town's historic character and features. (Ord. 490 §1, 1998)17.30.020 Definition.Planned unit development (PUD) means a zoning overlay designation which, when applied to a defined area of land, allows for the modification of underlying zoning and subdivision requirements and regulations so as to provide for and promote flexible and innovative land planning, uses and development pursuant to a unified plan. (Ord. 490 §1, 1998)17.30.030 PUD applicability.PUD overlay designation may only be applied for with regard to contiguous land equal to or in excess of one-half (½) acre (disregarding intervening public streets or easements or other rights-of- way located within any zone district or districts; unless the Board of Selectmen specifically authorizes a smaller proposed PUD area upon written application therefor. The decision to approve an area for PUD treatment shall at all times rest within the discretion of the Board of Selectmen, and an application for PUD designation shall be denied where the particular proposal will not adequately satisfy or implement the purposes of this Chapter. (Ord. 490 §1, 1998)17.30.040 PUD as zoning classification.PUD constitutes a zoning classification and is established by overlaying the designation upon land within an existing or newly created zone district. Approval of a PUD shall be illustrated and its land area defined on the Town's official zone district map. Permanent zoning designations and regulations underlying a PUD shall remain intact, and in the event a PUD is not completed or is terminated, the underlying zone district and zone district requirements shall apply and govern land uses and development. (Ord. 490 §1, 1998)17.30.050 Applicability of zoning and subdivision regulations within a PUD.Subdivision regulations and underlying zoning provisions shall apply to the area within a PUD insofar as they are consistent with the PUD regulations contained in this Section and with any specific17-82 terms, conditions or regulations incorporated into a PUD approval. To the extent underlying zoning provisions or subdivision regulations conflict with specific PUD regulations contained in this Section, or with specific terms, conditions or regulations as incorporated into a PUD approval, then the latter shall control and govern. (Ord. 490 §1, 1998)17.30.060 PUD plan; conformity with comprehensive plan.No land shall be designated PUD in the absence of a PUD plan, which plan shall be set forth in the written and graphic materials as described in this Chapter. All PUD plans must be in general conformity and consistent with the Town's comprehensive plan. A PUD zoning designation is inseparable from a PUD plan, and both taken together shall establish the uses and development regulations within the PUD area. (Ord. 490 §1, 1998)17.30.070 Overview of PUD procedure.Approval of a PUD shall be subject to the submission of a full and complete application, the payment of all review and approval fees, design review by the Design Review Commission, preliminary review by the Planning Commission and final approval by the Board of Selectmen. All applicants for a PUD intending to subdivide or resubdivide land as part of the PUD plan shall concurrently submit and pursue a subdivision application as provided for in this Title. Review and submission requirements for a PUD incorporating the subdivision or resubdivision of land shall be construed and applied together with the subdivision processing requirements contained in this Title. Whenever the two (2) application procedures or requirements overlap, the overlapping procedures or requirements shall not be applied cumulatively and the requirements pertinent to the PUD application shall supersede the subdivision requirements. (Ord. 490 §1, 1998)17.30.080 Application for PUD.All applications for PUD zoning overlay designation shall be initiated in writing and shall include, at a minimum, the following information which, taken together, shall constitute the proposed PUD plan:(1) A legal description of the proposed PUD area, a statement of ownership for all the property to be included in the PUD, the written consent of all of the land owners and, upon request of the Town, evidence of title for all land within the proposed PUD.(2) A narrative of the PUD listing the objectives to be achieved by the PUD and broadly indicating the concept of the proposed development. The narrative shall indicate: a. The type of land uses proposed within the PUD and the square footage devoted to each use; b. The general nature, location and maximum number of dwelling units proposed within the PUD area; c. The general nature and location of commercial and other nonresidential uses to be located in the PUD; d. The total square footage that will be dedicated to common open space;17-83 e. The total square footage that will be dedicated to public uses; f. Internal pedestrian and vehicular traffic circulation systems; g. Provision for water, sewer, telephone, electricity, gas, cable television and other utilities; h. Other restrictions proposed by the applicant, such as building setbacks, height limits, access requirements and grade or slope restrictions, to be applied to particular areas; and i. How common open space will be owned and maintained.(3) A general vicinity and location map, on a scale of one (1) inch equaling not more than four hundred (400) feet, illustrating the PUD site boundaries, acreage, existing structures and public rights-of-way, and existing zoning in the general vicinity of the proposed PUD.(4) An existing conditions map, on a scale of one (1) inch equaling not more than fifty (50) feet, illustrating the PUD site boundaries and other properties within four hundred (400) feet of the PUD boundaries, existing structures and public rights-of-way, existing utility easements/alignments, and existing zoning.(5) A site plan map, on a scale of one (1) inch equaling not more than fifty (50) feet, depicting the proposed PUD plan and layout, inclusive of, at a minimum, underlying zoning, new and existing streets, new and existing structures, open spaces, parking, vehicular and pedestrian circulation systems, utility distribution systems, setbacks, easements and landscaping/vegetation. Such map may be comprised of more than one (1) sheet.(6) A topographic map of the site, on a scale of one (1) inch equaling not more than fifty (50) feet, with contours at no greater than three-foot intervals for slopes, showing major vegetation and terrain elements (inclusive of tree clusters, rock outcroppings and wetlands), streams, rivers, ditches, areas subject to one-hundred-year flooding and geologic and/or avalanche hazard areas.(7) A development schedule indicating the approximate dates when construction of the various stages of the PUD can be expected to begin and be completed.(8) Copies of any special easements, covenants, conditions and restrictions which will govern the use or occupancy of the PUD.(9) A list of the owners of properties located within three hundred (300) feet of the boundaries of the PUD, and their mailing addresses.(10) An evaluation and findings by a licensed engineer that shall establish the following as adequate to serve the PUD: a. The proposed water distribution system; b. The proposed method of sewage collection; c. The general manner in which storm drainage will be handled; and17-84 d. The general manner in which provision will be made for any potential natural hazards in the PUD such as avalanche areas, landslide areas, floodplain areas and unstable or contaminated soils.(11) Easements showing vested legal access for ingress and egress, if applicable.(12) Evidence that the PUD has been designed with consideration for the natural environment of the site and the surrounding area, and that the PUD will not unreasonably destroy or displace wildlife, natural vegetation or other natural or historic features.(13) Provisions for snow removal and storage.(14) A discussion of the internal vehicular circulation system and its relation to the Town's existing system of streets, including a description of, and proposed names for, new streets; and estimates for new vehicular traffic generated by the PUD.(15) A master PUD landscaping plan, which shall include all proposed fences and walls, screening and retaining walls.(16) A master PUD lighting plan.(17) Scaled elevations for buildings or structures proposed to be constructed in the PUD, along with a complete listing of proposed exterior construction materials.(18) The applicant may submit any other information or exhibits which he or she deems pertinent in evaluating the proposed PUD.(19) All maps required under this Subsection shall be prepared by a registered/licensed professional surveyor or engineer. (Ord. 490 §1, 1998)17.30.090 PUD review procedure; fees.(a) A completed PUD application conforming to the requirements of Section 17.30.080 above shall be submitted to the Town Administrator along with the appropriate application fee. No application shall be accepted, processed or scheduled for review unless and until it is complete and all necessary fees have been paid. The application shall be accompanied by not less than ten (10) copies. In the event the Town must retain outside professional services to process or evaluate the application, the applicant shall bear the costs for same, inclusive of engineering and legal fees.(b) After a PUD application has been determined to be complete and all fees have been paid, it shall be referred to the Design Review Commission for evaluation and comments at a public meeting and to the Planning Commission for preliminary review and approval at a public hearing.(c) The Design Review Commission shall complete its review of the application within thirty (30) days after it has been referred to the Commission by the Town Administrator, or as soon thereafter as is practicable. The Design Review Commission shall recommend to the Planning Commission its approval (with or without conditions) or denial of the application, or defer a recommendation pending receipt of additional information. A certificate of appropriateness shall not be issued unless and until the application has obtained final approval from the Board of Selectmen.17-85 (d) The Planning Commission shall review and evaluate a PUD application at a noticed public hearing conducted after the Design Review Commission has reviewed the application, but in no event later than sixty (60) days from the date the application was deemed complete, or as soon thereafter as can be accommodated. Written notice of the hearing shall be provided in accordance with the requirements of Section 17.12.050(b)(4) of this Title. The Planning Commission shall consider any recommendation on the application as made by the Design Review Commission, and shall review all referral comments and recommendations submitted by the Town staff and/or outside referral agencies. The Planning Commission may continue the public hearing for up to forty (40) days in order to allow for the gathering and submission of additional information deemed necessary to complete the Planning Commission's review. The Planning commission shall forward its recommendations and/or findings on the application in writing to the Board of Selectmen after it has concluded its hearing and deliberations.(e) The Board of Selectmen shall consider the PUD application at a noticed public hearing conducted not later than thirty (30) days after the date upon which the Board receives the recommendation and report of the Planning Commission, or as soon thereafter as can be accommodated. Written notice of the subject matter, time and place of the hearing shall be: (1) mailed, first class postage prepaid, to all owners of property within three hundred (300) feet of the PUD boundary, (2) published in a newspaper of general circulation within the Town, and (3) posted at Town offices, at least fifteen (15) days in advance of the hearing. The hearing may be continued for up to forty (40) days to allow for the gathering and submission of additional information deemed necessary to complete the Board's review, inclusive of referring the matter, or any particular item associated therewith, back to the Design Review Commission and/or Planning Commission for additional study and recommendation. At the conclusion of the hearing, and after discussion and deliberation thereon, the Board shall vote to approve, approve with conditions or deny the application, and shall thereafter direct staff to prepare a written resolution with supporting findings reflecting the Board's decision for the Board's review and approval at its next regularly scheduled meeting.(f) The time limits as set forth in this Section may be waived or extended upon the written request or consent of the applicant.(g) The burden to demonstrate the application's compliance with all applicable review criteria shall rest with the applicant.(h) No PUD designation shall be approved absent the applicant's full and timely payment of all fees assessed under this Chapter. (Ord. 490 §1, 1998)17.30.100 PUD review standards.A PUD shall only be approved if it satisfies the purposes of this Chapter, complies with the Town's design review criteria, and meets all other applicable development requirements set forth in this Title. Specific review standards shall include the following:(1) Comprehensive plan compliance. The proposed PUD must be consistent with the purposes, goals and policies of the Town's comprehensive plan.(2) Site design. The proposed PUD shall utilize site design techniques that enhance the quality of the development and that incorporate the following:17-86 a. Quality open space including, without limitation, parks and playgrounds, and the preservation of significant natural environmental features. b. Landscaping that accents, or is consistent with, the natural environment and that provides screening/buffering. c. Vehicular traffic, bicycle and pedestrian circulation patterns or systems that minimize vehicular-pedestrian conflict, provide for appropriate emergency vehicle access and that integrate the PUD into the surrounding area's vehicular and pedestrian circulation. d. Parking and parking areas shall be provided in a way that minimizes their visual impact, utilizes the minimum amount of land surface necessary to satisfy parking requirements and shall be buffered or screened to the maximum extent possible. e. For residential projects, noise shall be minimized between units and within and between buildings, and from external sources both on-and off-site. f. For all projects, access to sunlight shall be reasonably assured to the maximum extent feasible to all PUD lands, and shadows shall be minimized on windows, roofs, parks, recreation areas, playgrounds, open space (both public and private), sidewalks and adjacent properties. g. View corridors toward the mountains shall be protected to the extent feasible throughout the PUD, and internal view planes shall be provided within the PUD where possible. h. Cut-and-fill shall be minimized on the site, and the design of structures shall conform to the natural contours of the land as much as possible. i. The position of buildings shall be sited so as to minimize adverse visual effects on existing structures on- or off-site. j. All buildings and proposed PUD development must comply with the general and applicable design district criteria set forth in the design review guidelines, and shall be compatible with the architectural character of the Town in general.(3) Compatibility of land use elements. All permitted and conditional (special) uses in any zone district may be allowed in a PUD; however, certain individual land uses, regardless of their adherence to all the design elements provided for in this Section, might not exist compatibly with one another, or might present irreconcilable conflicts with the established character or land uses existing in the neighborhood or areas adjacent to the proposed PUD. Therefore, all uses proposed within a PUD shall be considered from the point of view of their relationship and compatibility with each other and the individual elements of the PUD plan, and their impact on surrounding uses outside the proposed PUD area. No PUD shall be approved which contains incompatible uses or elements.(4) Lot area, lot coverage, setbacks and clustering. Lot area, lot coverage and setback restrictions may be decreased below normal zone district requirements, and maximum lot coverages may be increased above those applicable to like lots and buildings in the underlying zone district, in order to accommodate specific building types and orientations on a lot, or relationships between buildings. The averaging of lot areas and sizes shall be permitted to provide17-87 flexibility in design, or to correlate lot size to topography. The clustering of development alongside useable common open areas shall be permitted and encouraged so as to promote access to common open areas and to save street and utility construction and maintenance costs. Clustering is also intended to accommodate building types that are not spaced individually on their own lots, but that share common side walls, service facilities or architectural design, whether or not providing for separate ownership of land and buildings.(5) Residential density. The overall average residential density in a PUD shall be no greater than the maximum density allowed in the underlying zone district. The overall average residential density shall be calculated by adding together the number of residential dwelling units planned within the boundary of the PUD and dividing such sum by the total gross area expressed in acres (or square feet) within the boundary of the PUD. Averaging and transferring of densities within the PUD shall be allowed upon a showing of conformity with respect to the purposes of this Section and the appropriate utilization of the PUD area to achieve high standards of design and habitability. The density of dwelling units in any particular area may be greater than the maximum permitted for a like use in other zone districts.(6) Modification of standard subdivision infrastructure requirements. It is recognized that in order to encourage and provide for progressive or unique PUD plans and design, the specifications, standards and requirements for various facilities, including, but not limited to, streets, highways, alleys, utilities, curbs, gutters, sidewalks, street lights, parks, playgrounds, parking, storm drainage, water supply and distribution and sewage collection and treatment, may be subject to modification from the normal specifications, standards and requirements established in the subdivision and the zoning regulations for the Town for like uses in the same or other zone districts.(7) Common open space. Common open space shall be designated areas of land and/or water within a PUD designed, intended and maintained primarily for the general use or enjoyment of residents, occupants or owners of land within the PUD, excluding streets, alleys and parking areas. Areas designated as common open space shall largely remain unoccupied and unobstructed by buildings or other structures, shall provide visual and spatial relief from the mass of buildings or development in the vicinity, and may, without limitation, include pocket or passive parks, pools and/or fountains, plazas and areas maintained in their natural and undisturbed state. a. A minimum of thirty percent (30%) of the total area within the boundary of any PUD shall be devoted to usable and accessible common open space; provided, however, that the Board of Selectmen may reduce such requirement if it finds that such decrease is warranted by the design of, and the amenities and features incorporated into, the PUD plan and that the needs of the occupants of the PUD for common open space can otherwise be met in the proposed PUD and the surrounding area. In no event shall the percentage of open space fall below the minimum level specified by the underlying zoning requirements. b. The common open space of a PUD may be owned and maintained by the property owners within the PUD, or by an organization chosen therefrom or thereby. In the event that any person or organization established to own and maintain common open space, or any successor, shall at any time after establishment of the PUD fail to maintain the common open space in reasonable order and condition in accordance with the plan, the Town Administrator may serve written notice thereof upon such person or organization, or upon the residents of the PUD, setting forth the manner in which there has been a failure to maintain the common open17-88 space in reasonable condition. The notice shall include a demand that all deficiencies in maintenance be cured within thirty (30) days thereof and shall provide a date and place for a hearing thereon which shall be held within fourteen (14) days of the notice should the responsible person or organization wish to contest the notice. At such hearing, the Board of Selectmen may modify the terms of the original notice as to deficiencies and may give an extension of time within which they shall be cured. c. If the deficiencies set forth in the notice are not cured within the thirty (30) days as specified in the notice, or any extension granted, the Town, in order to preserve the taxable values of the properties within the PUD and to prevent the common open space from becoming a public nuisance, may enter upon the common open space and undertake maintenance on the same. The cost of such maintenance shall be the sole responsibility of the property owners within the PUD whose properties are benefited by the common open space, and a lien for such cost shall automatically apply against such properties to secure payment, which lien may be enforced and foreclosed upon in the same manner as liens for real property taxes. The entry and maintenance work by the Town shall not vest in the public any rights to use the common open space except when the same is voluntarily dedicated to the public by the owner.(8) Building height. The maximum height of buildings may be increased above the maximum permitted for like buildings in the underlying zone district (not to exceed thirty-five [35] feet) by reference to the following characteristics of the proposed building: a. Its geographic location; b. The probable effect on surrounding slopes; c. Unreasonable adverse visual effect on adjacent sites or other areas in the vicinity; d. Potential problems for adjacent sites caused by shadows, loss of air circulation or loss of view; e. Influence on the general vicinity with regard to contrast, vistas and open space; f. Uses within the proposed building; and g. Fire protection needs. (Ord. 490 §1, 1998)17.30.110 PUD development schedule.(a) An applicant must begin development of a PUD as demonstrated by securing a building permit and performing substantial work thereunder within one (1) year from the date of its final approval by the Board of Selectmen; provided, however, that the PUD may be developed in stages. The applicant must complete the development of each stage, and of the PUD as a whole, in substantial conformity with the development schedule approved by the Board of Selectmen.(b) If the applicant does not comply with the time limits imposed by Subsection (a) above, the Board of Selectmen shall review the PUD and may revoke approval for the uncompleted portion of the PUD, require that the PUD be amended or extend the time for completion of the PUD.17-89 (c) Each stage within the PUD shall be so planned and so related to existing surroundings and available facilities and services that failure to proceed to a subsequent stage will not have a substantial adverse impact on the PUD or the areas surrounding it.(d) If a PUD contains nonresidential uses, they may be constructed in advance of residential uses if the Board of Selectmen finds that such phasing is consistent with sound principles of orderly development and will have no substantial adverse effect on the quality or character of the PUD. (Ord. 490 §1, 1998)17.30.120 Form of PUD approval.All decisions of the Board of Selectmen approving a PUD shall be in the form of a written resolution and contain, at a minimum, the information set forth below. No building permit may issue and no development activity may commence within the PUD area until the PUD approval and plat have been duly executed and recorded along with, as necessary and applicable, a PUD agreement.(1) The density allocated to the property by type and number of units;(2) Approved uses on each development parcel or use areas within the PUD site;(3) Approved densities in total numbers of units for each development parcel identified;(4) Approved density transfers from one (1) parcel to another, if any;(5) The phasing and general timetable of development that shall ensure the logical and efficient provision of municipal services;(6) Specific conditions applied to the development of any parcels that, by their nature, are subject to special development constraints; and(7) Variations in any dimensional limitations expressed as either an allowable maximum or a specific maximum. (Ord. 490 §1, 1998)17.30.130 PUD agreement.For any PUD in which variances from underlying zoning requirements are granted, or for which public infrastructure or improvements are required, a written PUD agreement setting forth the same and including all specific terms and conditions of approval shall be prepared and submitted by the applicant to the Town Administrator for approval by the Board of Selectmen by written resolution. The PUD agreement shall be recorded in the real property records of the County Clerk and Recorder, along with the PUD plat/map, and shall run with and be a burden upon all lands within the PUD. The agreement shall also specify the amounts and type of financial security that must be posted by the PUD developer to insure the timely and satisfactory installation of all public infrastructure and other improvements, inclusive of landscaping for common or public areas associated with the PUD. Financial security shall be posted prior to the issuance of any building permit or development activity within the PUD area and shall be in an amount not less than one hundred fifteen percent (115%) of the estimated cost of the completion of all improvements, and may be provided by letter of credit, performance bond, cash escrow or other financial instrument as deemed acceptable by the Town. Upon the complete installation, inspection and acceptance of the improvements and/or infrastructure, all but fifteen percent (15%) of the posted financial security shall be released, which fifteen percent17-90 (15%) shall continue to remain posted as security to ensure that all improvements and infrastructure shall remain free of defects for a period of one (1) year from acceptance by the Town. The Town shall be entitled to draw on any posted financial security in order to complete, correct or repair any PUD infrastructure or improvement as called for in the PUD approval. (Ord. 490 §1, 1998)17.30.140 Final PUD plat/map.A final PUD plat and/or map shall be prepared by the applicant upon final approval of a PUD for recordation in the office of the County Clerk and Recorder, and shall incorporate and reflect the terms and conditions of the PUD plan approval. Development of the land within the PUD shall be limited to the uses, density and configuration as specified on the PUD plat. No development shall be permitted on or within the PUD without first recording the PUD plat and, if required, a PUD development agreement. The PUD plat shall be drawn on plastic or Mylar utilizing a scale of one inch equals fifty feet (1" = 50') and shall be submitted to the Town for signature, along with two (2) prints. Sheet size shall be twenty-four inches by thirty-six inches (24" x 36"). The PUD plat shall contain, at a minimum, the following:(1) The location of the PUD with respect to surrounding properties and streets.(2) The locations and dimensions of all boundary lines of the PUD to be expressed in feet and decimals of a foot.(3) Utility and landscape plans.(4) The location and width of all existing and proposed streets and easements, alleys and other private or public ways, inclusive of pedestrian and bicycle ways, and easement and proposed street rights-of-way and building setback lines.(5) The locations, dimensions and areas of all proposed or existing lots.(6) The location and dimensions of all property proposed to be set aside for park or playground use, or other public or private reservation, inclusive of common open space, with designation of the purpose of those set aside, and conditions, if any, of the dedication or reservation.(7) The name and address of the owners of land within the PUD and the name and registration number of the land surveyor who prepared the plat.(8) The date of the plat, approximate true north point, bar scale, the basis of hearing and title of the PUD.(9) Sufficient data acceptable to the Town to determine readily the location, bearing and length of all lines and to reproduce such lines upon the ground, and the location of all proposed monuments.(10) The names of all new streets as approved by the Board of Selectmen.(11) Indication of the size and use of any lot or parcel (single-family, two-family, multifamily, townhouse, commercial, etc.).17-91 (12) Blocks shall be consecutively numbered and reflect both the PUD name and block number.(13) All lots in each block shall be consecutively numbered. Outlots shall be lettered in alphabetical order.(14) An illustration of the drainage plan and drainage easements, if any.(15) An illustration of site easements, if any.(16) The designation of all areas that constitute natural hazard areas including, but not limited to, snowslide, avalanche, contaminated or toxic soil, mudslide and the one-hundred-year floodplain.(17) An illustration of reservations, if any.(18) A notation of any self-imposed restrictions, and location of any building lines proposed to be established in this manner.(19) Endorsement language on the plat to be signed off on by every person having a security interest in the subdivision property that they are subordinating their liens to all covenants, servitudes and easements imposed on the property.(20) All monuments erected, corners and other points established in the field in their proper places. The material of which the monuments, corners or other points are made shall be noted at the representation thereof or by legend, except that lot corners need not be shown. The legend for metal monuments shall indicate the kind of metal, the diameter, length and weight per lineal foot of the monuments.(21) Standard plat certificates and legally sufficient public dedication language for streets, alleys, utility easements, open space and/or other public ways, along with corresponding signature lines.(22) Identification of the total acreage in the PUD with a breakdown showing total square footage for residential, nonresidential/commercial and common open space/ park uses. (Ord. 490 §1, 1998)17.30.150 PUD plan enforcement; modifications.(a) Development of the area within a PUD shall be limited to the uses, densities, configuration and terms, elements and conditions contained within the approved PUD plan and development agreement, and may be enforced by the Town at law or equity. The configuration and mix of the units may be modified as provided for in this Chapter or in the PUD agreement, but no portion of the density allocation may be transferred to land not included in the PUD plan.(b) In addition to any and all other remedies as available to the Town under law, the Town Administrator may serve a written notice on the PUD developer, or any landowner within the PUD, to appear before the Board of Selectmen when reasonable grounds exist to believe that the PUD plan, or any part thereof, is not being adhered to. The Board of Selectmen shall conduct a public hearing to17-92 determine the existence of any alleged failure or violation of the PUD approval, and may enter orders directing the correction of same.(c) All provisions of the PUD plan as finally approved run in favor of the residents, occupants and owners of the PUD, but only to the extent expressly provided in the plan and in accordance with the terms of the plan; and to that extent, the provisions, whether recorded by plat, covenant, easement or otherwise, may be enforced at law or in equity by such residents, occupants or owners acting individually, jointly or through an organization designated in the plan to act on their behalf.(d) All provisions of the PUD plan authorized to be enforced by the Town may be modified, removed or released by the Town subject to the following:(1) No modification, removal or release of the provisions of the plan by the Town shall affect the rights of the residents, occupants and owners of the PUD to maintain and enforce those provisions as law or in equity; and (2) No substantial modification, removal or release of the provisions of a PUD plan by the Town shall be permitted except upon a finding by the Board of Selectmen, following a public hearing upon notice as required by this Title, that the modification, removal or release a) is consistent with the efficient development and preservation of the entire PUD, b) does not affect in a substantially adverse manner either the enjoyment of land abutting upon or across the street from the PUD or the public interest, and c) is not granted solely to confer a special benefit upon any person.(e) Residents and owners of the PUD may, to the extent and in the manner expressly authorized by the provisions of the plan, modify, remove or release their rights to enforce the provisions of the plan; but no such action shall affect the right of the Town to enforce the provisions of the plan.(f) An insubstantial amendment to an approved final PUD plan may be authorized by the Town Administrator. However, insubstantial amendments may only be approved if they promote the terms, purposes and conditions of the original PUD plan and approval. The following shall not be considered an insubstantial amendment:(1) A change in the use or character of the development.(2) An increase or decrease by greater than three percent (3%) in the overall coverage of structures as originally approved within the PUD.(3) Any amendment that substantially increases vehicle trip generation rates arising from the PUD, or the demand for public facilities.(4) A reduction by greater than three percent (3%) of the originally approved common or public open space.(5) A reduction by greater than one percent (1%) of the originally approved off-street parking or loading space.(6) A change in the alignment, or reduction in required pavement widths or rights-of-way, for streets or easements.17-93 (7) An increase or decrease of greater than two percent (2%) in the originally approved gross floor area of commercial buildings.(8) An increase or decrease by greater than one percent (1%) in the originally approved residential density of the PUD.(9) Any change which is directly contrary to a condition or representation of the PUD's original approval, or which requires granting a further variation from the PUD's approved use or dimensional requirements.(g) During the review of any proposed significant amendment to the PUD, the Town may require such new conditions of approval as are necessary to ensure that the development will be compatible with current community standards and regulations. This shall include, but not be limited to, applying to the portions of the PUD which have not obtained building permits, or are subject to the proposed amendment, any new community policies or regulations which have been implemented since the PUD was originally approved. An applicant may withdraw a proposed amendment at any time during the review process. (Ord. 490 §1, 1998)CHAPTER 17.32General Provisions17.32.010 Nonconforming uses, buildings and lots.The following regulations shall apply to all legally established nonconforming uses, buildings and lots:(1) Uses. A legally established nonconforming use may be allowed to continue, except where such use has been discontinued or abandoned for whatever reason for a period of one (1) year; and except that no nonconforming use may be altered to another nonconforming use, or expanded or increased in size, except where specifically permitted pursuant to Section 17.24.060.(2) Buildings. A legally established nonconforming building or structure may continue to be used and occupied subject to the following conditions: a. A single, nonconforming principal building upon a lot, or any accessory buildings, which have less than fifty percent (50%) of their building area situated in the required yards, may be structurally altered, repaired or enlarged; provided, however, that any addition must conform to the setback requirements of the district in which it is located, and to all other applicable requirements and conditions of this Chapter and this Title. b. Minor additions, alterations or repairs to improve the appearance, safety or efficiency of the building and which do not constitute an expansion of the use within a nonconforming building, may be permitted; provided, however, that nonconforming buildings that do not qualify under either this or Subparagraph a above may be enlarged or extended only pursuant to the procedures provided in Section 17.24.060. c. A building on a nonconforming lot may be structurally altered, repaired or enlarged to improve appearance, safety and/or efficiency, in accordance with the required setbacks of the17-94 district in which it is located, when the addition or alteration does not constitute an expansion of the principal use; otherwise, any modification must comply with the procedures set forth in Section 17.24.060. d. Any building or other structure containing a nonconforming use or any nonconforming building or portion thereof declared unsafe under the Town's building code or other codes may be strengthened or restored to a safe condition. e. A nonconforming building or a building containing a nonconforming use which has been damaged by fire, flood, wind or other calamity or act of God may be restored to its original condition, provided that such work is started within twelve (12) months of such calamity and completed within twenty-four (24) months of the time the restoration is commenced.(3) Lots. Any nonconforming lot of record that was lawfully established prior to the adoption of this Chapter, or any amendment thereto, may still qualify as a lawful building site subject to the following conditions: a. The lot area and lot width are not more than twenty-five percent (25%) below the minimums specified for the zone district in which the lot is located and all other dimensional requirements can be complied with; or b. Where the lot area and/or lot width are more than twenty-five percent (25%) below the minimums specified for the zone district in which the lot is located, the owner obtains an authorized variance pursuant to Section 17.32.020 of this Chapter which will require all proposed development to conform as closely as possible to all zone district dimensional requirements. (Ord. 320 Art. VIII (A), 1981; Ord. 2 §6, 2001; Ord. 2 §1, 2003)17.32.020 Board of Adjustment established; variances.(a) Organization of Board of Adjustment.(1) There is hereby created a Board of Adjustment, to be known as the Board of Adjustment of the Town of Georgetown, Colorado, and to be referred to in this Section as the "Board."(2) The membership of the Board shall consist of five (5) members appointed by the Board of Selectmen. All members of the Board shall be bona fide residents of the Town and shall not simultaneously serve on the Planning Commission, Design Review Commission or Board of Selectmen during their term of office. Members shall also serve without compensation.(3) The term of office shall be five (5) years, and terms shall be fixed so that the term of office of one (1) member expires each year. Appointments to fill vacancies shall be made only for an unexpired portion of the term. The Board of Selectmen may remove any member of the Board of Adjustment for cause upon written charges and after public hearing. The term of each member shall expire on March 1 in the year of expiration, provided that each member shall serve until his or her successor is appointed and assumes membership on the Board of Adjustment.(4) The Board shall elect from its own membership its officers, who shall serve annual terms and who may succeed themselves. For the conduct of any hearing or the taking of any action, a quorum of three (3) members is required. An affirmative vote of three (3) members shall be17-95 necessary to authorize any action of the Board. At the first meeting of each year, the Board shall adopt such rules and regulations as it deems necessary for its procedure.(b) Procedure. In addition to any requirement the Board may adopt by rule, the Board shall conduct hearings and make decisions in accordance with the following requirements:(1) Applications for a variance (with appropriate copies and supporting materials) shall be submitted to the Town Clerk on forms provided therefor. A reasonable fee shall be charged for each application, and a site plan and/or other drawing and information may be required as part of the application. Actual costs for professional planning, engineering, legal and/or other consulting services incurred by the Town in reviewing an application shall be paid by the applicant.(2) All applications for a variance shall be initially reviewed by Town staff for completeness and recommendation and then referred to the Design Review Commission for review and the Board of Adjustment for hearing. The Design Review Commission shall review the application for a variance at a noticed public meeting not less than seven (7) days prior to the public hearing on the application before the Board of Adjustment. The variance applicant shall be notified in advance of the time and place of the Design Review Commission's review and shall be allowed to attend and participate therein. The Design Review Commission shall recommend approval, denial or conditional approval of the application. The written recommendation shall be submitted to the Board of Adjustment not later than the time of the public hearing which is to be held as required by this Section. If the Design Review Commission fails to submit its recommendations or comments at or prior to the public hearing, the Commission shall be deemed to have recommended the unconditional approval of the application.(3) A public hearing shall be held by the Board of Adjustment on each application for a variance. Not less than thirty (30) days prior to the hearing, written notice describing the requested variance and the time and place for the hearing shall be prominently posted on the property subject to the application, posted at Town Hall and other designated posting locations, and sent by regular mail to the applicant and the owners of all properties within a three-hundred- foot radius of the subject property (excluding public rights-of-way). Posted notice shall conform to the requirements contained in Section 17.12.050(b)(7). Notice by mail to persons other than the applicant is provided for purposes of convenience only, and a failure by any person other than the applicant to have received a mailed notice shall not constitute grounds to delay or deny an application, or a meeting or hearing on an application, so long as the other types of notice required by this Section were timely and properly provided.(4) The Board of Adjustment shall keep a record of its 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 made available to any party at cost.(5) The Board of Adjustment shall render written decisions accompanied by findings of fact and conclusions based thereon. Conclusions based on any provision of this Chapter, or on any rule or regulation, must contain a reference to such provision, rule or regulation and the reason why the conclusion is deemed appropriate in light of the facts found.(6) The existence of nonconforming land, buildings or structures in the same neighborhood or district of the property subject to a variance application, or of permitted or nonconforming uses in other districts, shall not constitute a reason for the granting of a requested variance.17-96 (7) A variance in and of itself shall not constitute a site specific development plan for purposes of vesting a property right; however, a variance may be incorporated into a site specific development plan as part of larger or different land use approval. Unless substantially acted upon within one (1) year from the date of approval as illustrated by actual construction or other objectively measurable development activity, or such shorter time period as specified by the Board of Adjustment, a variance shall expire and become void.(c) Powers of the Board. The Board shall have the power to:(1) Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or determination made by an administrative official based on or made in the enforcement of this Title. The Board shall not have the power to hear or grant any appeal from a decision of the Design Review Commission.(2) Hear and decide, grant or deny applications for variances from the provisions of this Title. However, the Board may not grant variances from the provisions governing the use, height or density of land or buildings, or building coverage, except where authorized by specific provision in this Title. In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this Title. The Board may grant a variance only if it makes findings that all the following requirements, insofar as applicable, have been satisfied: a. That there are unique physical circumstances or conditions such as irregularity, narrowness or shallowness of the lot, or other physical conditions peculiar to the affected property. b. That the unusual circumstances or conditions do not exist throughout the neighborhood or district in which the property is located. c. That, because of such physical circumstances or conditions, the property cannot reasonably be developed in conformity with the provisions of this Title. d. That such unnecessary hardship has not been created by the applicant. e. 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 of development of adjacent property. f. That the variance, if granted, is the minimum variance that will afford relief and is the least modification possible of the Title provisions which are in question. g. That the variance, if granted, will not permit development in a flood hazard area, in a geologic hazard area or on a lot having a slope in excess of thirty percent (30%) contrary to the provisions for such development as cited in this Title. A variance granted by the Board shall automatically expire within one hundred eighty (180) days of the date it was granted or within such time as the Board shall prescribe, unless a building permit for such variance is obtained within such period. The Board may grant variance extensions for good cause shown, but only if an application for such extension is made prior to the expiration of the variance.17-97 (3) Hear and decide such other matters as the Board of Selectmen may, by ordinance, provide. (Ord. 320 Art. VIII(B), 1981; Ord. 348 §§3, 4, 1983; Ord. 376 §1, 1985; Ord. 2 §6, 2001; Ord. 6 §1, 2002; Ord. 2 §1, 2003)17.32.030 Amendments.(a) General. The Board of Selectmen may, from time to time, on its own motion, on petition of any person in interest, or on initial recommendation of the Planning Commission, amend, supplement or repeal the regulations and provisions of this Title; provided that where territory is sought to be rezoned on a proposal other than by the Board of Selectmen or by the Planning Commission, the person proposing or petitioning for rezoning of territory shall have a property interest in the subject territory. The applicant shall submit a list of the abutting owners of record and their addresses from available Town and/or county records.(b) Text amendments.(1) Planning Commission advisory report: Any such proposed amendment or change, when initiated by the Board of Selectmen or by individual petition, shall be referred to the Planning Commission for an advisory report thereon. When a proposed amendment or change is initiated by the Planning Commission, said advisory report shall accompany the initial recommendation of the Planning Commission.(2) Procedure before Planning Commission: Before giving an advisory report or initial recommendation on any proposed amendment to the text of this Title, the Planning Commission shall first conduct a public hearing thereon. Notice of the time and date of such hearing and a brief summary or explanation of the subject matter of the hearing shall be given by publishing one (1) notice thereof in a newspaper of general circulation in the Town, such publication to be made at least ten (10) days prior to the public hearing.(3) Procedure before Board of Selectmen: After receiving the advisory report from the Planning Commission, the Board of Selectmen shall introduce, review and adopt or reject a proposed text amendment following the same procedures as required for the adoption of an ordinance, except that notice of the time and place of the public hearing before the Board on a text amendment shall be given by the Town Clerk at least fifteen (15) days prior to the hearing by posting at Town Hall and by publication in a newspaper of general circulation within the Town.(c) Amendments to district map. Any proposed site-specific amendment to the district map, whether initiated by the Planning Commission or the Board of Selectmen, or by an individual landowner, shall be processed, reviewed and approved following the procedures set forth in Section 17.12.080. Non-site-specific amendments (e.g., area-wide amendments involving multiple lots or parcels) to the district map shall not become effective except after a public hearing before the Board of Selectmen, public notice of which was provided by posting at Town Hall and other designated locations and publication in a newspaper of general circulation in the Town not less than fifteen (15) days prior to the hearing.(d) District designation of annexed territory.(1) District designation of land in the process of annexation may be done in accordance with the applicable procedure and notice requirements of this Section and of Chapter 17.12. Any17-98 proposed ordinance zoning annexed territory shall not be passed prior to the date when the annexation ordinance is passed on final reading; the ordinance annexing the property may also place a district designation on the property.(2) Any area annexed shall be brought under the provisions of this Title and the map thereunder within ninety (90) days from the effective date of the annexation ordinance. During such ninety-day period, or such portion thereof as is required to zone the territory, the Town shall refuse to issue any building or occupancy permit for any portion or all of the newly annexed area.(e) Designation of flood hazard area.(1) The Board of Selectmen may hereafter designate an area within the Town as a flood hazard area upon evidence that such designation is appropriate and is based upon accepted standards for such designation.(2) Designation of a flood hazard area shall be considered to be an amendment to the district map, and the applicable procedures and notice requirements of Chapter 17.12 shall be complied with. (Ord. 320 Art. VIII(C), 1981; Ord. 348 §§3, 4, 1983; Ord. 376 §1, 1985; Ord. 2 §6, 2001)17.32.040 Enforcement and liability for damage.(a) Enforcement.(1) Methods of enforcement. The provisions of this Title shall be enforced by the Board of Selectmen, the Town Attorney, the Marshal, the Building Inspector/Official or the Police Judge, by use of the following methods: a. Requirement of building and occupancy permits; b. Inspection and ordering removal of violations; c. Proceedings in Municipal Court; and d. Action for injunctive or mandatory relief in a court of record.(2) Building permit. No building or other structure shall be erected, moved or structurally altered unless a building permit therefor has been issued by the Building Inspector/Official. All permits shall be issued in conformance with the provisions of this Title and all other applicable Town ordinances.(3) Certificate of occupancy. No land may be occupied or used and no building hereafter erected, moved or structurally altered may be used or changed in use until a certificate of occupancy shall have been issued by the Building Inspector/Official, stating that the entire building and proposed use thereof complies with the provisions of this Title. Such certificate may be combined with any certificate of occupancy required by the Town's building code.(4) Inspection. The Building Inspector/ Official and his or her authorized representatives are hereby empowered to cause any building, other structure or tract of land to be inspected and examined, and to order in writing the remedying of any condition found to exist therein or thereat in violation of any provisions of this Title. After any such order has been served, no work shall17-99 proceed on any building, other structure or tract of land covered by such order, except to correct or comply with such violation.(5) Injunctive or mandatory relief. In addition to any of the foregoing remedies, the Town Attorney, acting on behalf of the Board of Selectmen, may maintain an action in any court of record for an injunction to restrain any violation of this Title or for a mandatory order to compel compliance with this Title.(b) Liability for damages. This Title shall not be construed to hold the Town or its authorized representatives responsible for any damages to persons or property by reason of the inspection or reinspection authorized herein or failure to inspect or reinspect or by reason of issuing a building permit as herein provided. (Ord. 320 Art. VIII(D), 1981; Ord. 2 §1, 2003)CHAPTER 17.36Definitions and General Application Information17.36.010 General interpretation.The words and terms used, defined, interpreted or further described in this Title may be construed as follows:(1) The particular controls the general;(2) Words used in the singular number include the plural, and words used in the plural number include the singular, unless the context clearly indicates the contrary;(3) The phrase used for includes arranged for, designed for, intended for, maintained for and occupied for;(4) The word shall is mandatory; the word may is permissive. (Ord. 320 Art. IX(A), 1981)17.36.020 Definitions and terms.As used in this Title, the following words and terms shall mean as follows unless the context specifically requires otherwise:Accessory building, structure or use means a building, structure or use located or conducted upon the same lot (or on a contiguous lot in the same ownership) as a principal building, structure or use to which it is related, and which is: a. Clearly incidental and subordinate to, and customarily found in connection with, such principal building or use; and b. Is operated and maintained for the benefit or convenience of the owners, occupants, employees, customers or visitors of the lot with the principal use.Assisted living facility means a residential facility for the elderly that makes available to three (3) or more elderly persons not related to the owner of such facility, either directly or indirectly through a provider agreement, any of the following: room and board; personal services and care17-100 (e.g., assistance with activities of daily living); protective oversight such as supervision of self- administered medication; and social care due to impaired capacity to live independently, but not to the full extent that twenty-four-hour medical or nursing care is required. Assisted living facilities shall not include nursing home or other skilled care elder care facilities.Avalanche means a mass of snow or ice and other material which may become incorporated therein as such mass moves rapidly down a mountain slope.Berm means, in the context of landscaping or bufferyard requirements, a landscaped mound of earth typically used to shield, screen and buffer undesirable views or to separate potentially incompatible land uses.Bikeway means either of the following: a. Bicycle lane means a lane at the edge of a street or street shoulder reserved and marked for the exclusive use of bicycles. b. Bicycle path means a segregated pathway, separated from a street and designed for the exclusive use of bicycles.Board means the Board of Selectmen of the Town of Georgetown.Bufferyard means an open natural or landscaped area situated and used to physically separate or screen one (1) land use or property from another so as to eliminate or minimize noise, light or other disturbances between properties, and may include fences, walls, vegetation, berms or a combination thereof.Building means any structure built for the shelter or enclosure of persons, animals, chattels, property or substances of any kind, excluding fences.Building area means the total area on a horizontal plane at the average grade level of the principal building, and including all accessory buildings, measured along outside walls and exclusive of uncovered porches, balconies, terraces and steps.Building coverage means that area or portion of a lot which is occupied or covered by all buildings on that lot. Area included as coverage shall be that area defined herein as building area.Building, enclosed means a building separated on all sides from adjacent open space or other buildings by fixed exterior walls or party walls, with openings only for windows and doors, and covered by a permanent roof.Building, mixed use means a building containing two (2) or more permitted or special uses such as, by way of example, commercial and residential, or office and retail.Building, principal means one (1) building housing the principal (primary or most important) use permitted for the lot upon which it is located.Commercial use means any land development activity except development activity intended solely for residential, institutional/civic or industrial use. Commercial use includes retail, service and office uses.17-101 Cul-de-sac means a street having one (1) end open to traffic and being terminated at the other end by a vehicular turnaround.Day care home means those homes that are licensed by the Clear Creek County Department of Social Services as a day care home pursuant to the state statutes and the rules of the Clear Creek County Department of Social Services.Day care school means an establishment providing specialized group care on a planned, regular basis for more than four (4) children in the age group of two (2) through seven (7) years, inclusive, who are away from their homes any part of the day.Density means the total number of dwelling units on any lot or other parcel of land planned for residential development, or total number of buildings on any lot or other parcel of land.Development means any construction or activity which changes the basic character or use of the land on which the construction or activity occurs.Dwelling, multiple-family means a building used by three (3) or more families living independently of each other in separate dwelling units, but not including motels, hotels and resorts.Dwelling, single-family means a detached principal building, other than a mobile home, designed for or used as a dwelling exclusively by one (1) family as an independent living unit.Dwelling, two-family means a detached building containing only two (2) dwelling units.Dwelling unit means one (1) room or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy or for rental or lease on a monthly or longer basis – physically separated from any other rooms or dwelling units which may be in the same structure – and served by no more than one (1) gas meter and one (1) electric meter.Essential governmental or public utility services means the erection, construction, alteration or maintenance by public utilities or municipal departments of underground or overhead gas, electrical, steam or water transmission or distribution systems, or collection, communication, supply or disposal systems (including poles, wires, substations, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith), reasonably necessary for the furnishing of services by such public utilities or municipal departments for the public health, safety or general welfare, excluding buildings.Flood hazard area means one (1) or more of the following: floodway zone or high water hazard zone.Floodplain means an area adjacent to a stream which is subject to inundation as the result of an intermediate regional flood.Floodproofing means the implementation of structural safeguards, changes or adjustments to land, property and structures designed to reduce or eliminate flood damage in a flood hazard area.17-102 Floor area means the area included within the outside walls of a building or portion thereof, including habitable penthouse and attic space, but not including vent shafts, courts or uninhabitable areas below ground level or in attics.Floor area ratio means the ratio of total floor area of a structure or structures and the total area of the lot.Gasoline service station means a building or premises in or on which the principal use is the retail sale of gasoline, oil or other fuel for motor vehicles, and which may include, as an incidental use only, facilities used for the polishing, greasing, washing or light servicing of motor vehicles; but may not include liquefied petroleum gas distribution facilities, facilities for major repairs to motor vehicles, wrecker services or rental operations.Geologic hazard area means an area which contains, or is directly affected by, geologic phenomenon which constitute a significant hazard to public health and safety and/or public or private property. Such geologic phenomena include, but are not limited to: avalanche, landslide, rock fall, mudflow and unstable or potentially unstable slopes, ground subsidence, and talus slopes.Grade means the lowest point of elevation of the finished surface of the ground between the exterior wall of a building and a point five (5) feet distant from said wall; or the lowest point of elevation of the finished surface of the ground between the exterior wall of a building and a property line, if such property line is less than five (5) feet distant from said wall. In case walls are parallel to and within five (5) feet of a public sidewalk, alley or other public way, the grade shall be the elevation of the sidewalk, alley or public way.Grade, natural or historic means the average elevation or slope of the surface of the ground within the building setbacks of a lot or parcel prior to construction or development activity.Grade, post-construction means the average elevation or slope of the finished surface of the ground within the building setbacks of a lot or parcel after construction or development activity.Ground subsidence means a process characterized by the downward displacement of surface material caused by natural phenomena, such as the removal of underground fluids, natural consolidation or dissolution of underground minerals, or by man-made phenomena such as underground mining.Height, building means the distance measured on a vertical plane from the average historic grade, or from the post-construction grade at the perimeter walls of a building or structure, whichever is lower, to: (1) the highest point of the coping of a flat roof, or (2) the highest point along the ridge or deck line of a mansard roof, or (3) to the mid-point of the highest gable of a pitched, shed or hipped roof measured from the highest associated eave. Chimneys, antennae, flag poles, bell towers, spires, steeples, vents or other roof or building appurtenances extending from the surface of a roof shall not be measured in calculating building height; however, such appurtenances shall not extend more than ten (10) feet above the building height absent a duly approved variance, except for mechanical equipment, which may not extend more than five (5) feet above the building height.17-103 Hotel means an establishment that provides temporary lodging in guest rooms and in which meals, entertainment and various personal services for the public may or may not be provided.Hydric soil means soil that, in its undrained condition, is saturated, flooded or ponded long enough during a growing season to develop an anaerobic condition that supports the growth or regeneration of hydrophytic vegetation.Immediate regional flood means a type of flood, including the water surface elevation and territorial occupation thereof, which can be expected to occur at any time in a given area based upon recorded historical precipitation and other valid data, but with an average statistical chance of one percent (1%) of being equaled or exceeded during any one (1) year. The term is used interchangeably with a one-percent flood or one-hundred-year flood.Junkyard means a yard open to air and used for the sale, storage or display of odd pieces of metal, glass, paper or other material, which may or may not be partly or wholly assembled into useful objects, motor vehicles or machinery.Landscaped area means land set apart for the planting of grass, shrubs, trees, ground cover or similar living plants. Such land must include trees and may be used in an arcade, plaza or pedestrian area, and may include fences, walls, walkways, benches, pools, sculpture or other accessory structures as a part thereof.Landscaping means any combination of living plants, such as trees, shrubs, grasses or other vegetative ground cover, and may include walkways, benches, sculpture, pools, fountains, fences and similar amenities.Landslide means a falling, slipping or flowing of a mass of land from a higher to a lower level.Light source means and includes neon, fluorescent or similar tube lighting, the incandescent bulb (including the light-producing elements therein), and any reflecting surface which, by reason of its construction and/or placement, becomes in effect a light source.Lodging unit means a room or rooms intended for occupancy by an individual or a group of not more than three (3) unrelated individuals, or a family, on a temporary basis, usually not exceeding ninety (90) days of continuous occupancy, and where no kitchen or other cooking facilities are provided.Lot means a defined single unit of land created under the Town or County subdivision regulatory process as reflected on a duly approved plat recorded in the office of the Clear Creek County Clerk and Recorder; or if created and recorded prior to the adoption by the Town or County of subdivision regulations, a single unit of land designated by a separate and distinct number or letter on a plat recorded in the office of the Clear Creek County Clerk and Recorder; or a single unit of land created and designated by number or letter on the original townsite or a townsite addition map for the Town, or on any annexation map or plat duly approved by the Town and recorded in the records of the Clear Creek County Clerk and Recorder; or if created other than by the Town or County subdivision process and not designated and identified on a recorded plat duly executed by the Town or County, a unit of land held under separate ownership and abutting upon at least one (1) public street or right-of-way.Lot area means the total horizontal area within the lot lines of a lot.17-104 Lot line, front means the property line closest to and normally dividing a lot or other unit of land from the street or street right-of-way upon which the lot or land abuts, and which street or street right-of-way is used and referenced in assigning a street number or address for the subject lot or land.Lot line, rear means the lot line opposite the front lot line, or in the case of an irregularly shaped lot, that lot line which is determined by the Town from the lot's orientation and any existing structures to be the rear lot line.Lot line, side means the lot lines defining a lot other than the front and rear lot lines.Lot width means the distance between the side lot lines measured on a horizontal plane along the front yard setback line or building line, whichever is longer.Maximum extent feasible means that no feasible and prudent alternative exists, and all possible efforts to comply with the regulation or minimize potential harm or adverse impacts have been undertaken.Membership club means an association of persons, whether incorporated or unincorporated, for some common purpose; but not including groups organized primarily to render a service carried on as a business.Minor public utility installation means utility facilities that are necessary to support legally established uses and involve only minor structures, such as electrical distribution lines and underground water and sewer lines.Mixed-use means the establishment or existence of two (2) or more permitted or special uses within a single building or structure.Mobile home means a transferable, single-family dwelling unit suitable for year-round occupancy and containing the same water supply, water disposal and electrical convenience as immobile housing. Such structure has no permanent attached foundation and can be transported on highways and to a site as one (1) or more modules. The term mobile home shall not include travel trailers, campers or self-contained motor homes or camper buses.Motel means a hotel which usually is arranged in such a manner that individual guest rooms are directly accessible from an automobile parking area.Nonconforming use, building and lot means any legally existing use, building or lot which does not conform to the requirements of this Title for the district in which it is located, either on the effective date of the ordinance codified herein or as a result of any subsequent amendment thereto, and more specifically: a. A nonconforming use is any use within a building or upon a lot which was originally legally established prior to, or in conformity with, the Town's zoning regulations, but which no longer conforms to the use regulations within this Title. b. A nonconforming building is any building which violates the underlying zone district regulations, inclusive of, but not limited to, regulations for off-street parking, lot size, open space, setbacks, height, floor area ratio or maximum number of principal buildings on a lot.17-105 c. A nonconforming lot is any lot which does not satisfy the minimum lot area, frontage requirements or other dimensional requirements of the underlying zone district in which it is located.Objectionable or harmful substances, conditions or operations are any uses or operations which cause one (1) or more of the following environmental problems: a. Creation of a physical hazard, by fire, explosion, radiation or other cause, to persons or property at or beyond the property line of the premises in question; b. Discharge of any liquor or solid waste into any stream or body of water, into any public or private disposal system or into the ground, so as to contaminate any water supply, including underground water supply; c. Maintenance or storage of any material, either indoors or outdoors, so as to cause or to facilitate the breeding of vermin; d. Emission of smoke or gas which constitutes a hazard to the health, safety or welfare of any person; e. Fly ash, gas or dust which can cause hazard, damage or injury to persons, animals or plant life or to other forms of property, at or beyond the property lines of the premises in question; f. Creation or causation or any offensive odors or noise at or beyond any property line of the premises in question; g. Creation or maintenance of any distracting or objectionable vibration and/or electrical disturbance at or beyond any property line of the premises in question; and/or h. Any public nuisance.One-hundred-year flood means an intermediate regional flood.Open space means a parcel or area of land or water designated for recreation (inclusive of trails and trail access), resource protection or buffering, and which will provide visual and spatial relief from the mass of buildings or development in the vicinity; and which may, without limitation, include pocket or passive parks, pools or fountains, plazas and areas maintained in their natural and undisturbed state. Areas set aside for public facilities, driveways, parking lots or other areas intended for vehicular traffic shall not qualify as open space. Open space may incorporate accessory structures such as playground equipment, shelters and picnic facilities, boathouses and similar structures.Owner means a person, firm, corporation or other legal entity recorded as such on the records of the County Clerk and Recorder, including a duly authorized agent or attorney, purchaser, devisee, fiduciary or person having a vested or contingent interest in the property in question.Person means any individual, partnership, corporation, association, company or other public or corporate body, including the federal government, and includes any political subdivision, agency, instrumentality or corporation of the State.17-106 Plat means a map and supporting materials for certain described land prepared in accordance with the requirements of this Title as an instrument for recording real estate interests with the County Clerk and Recorder.Rooming house means a business establishment that provides extended lodging, but does not include kitchen facilities.School, elementary, junior or senior high means any public, parochial or private school for grades between kindergarten and 12th that is either accredited by the Colorado Department of Education or recognized by, and in good standing with, the Colorado Department of Education for purposes of compulsory education requirements.Setback means the minimum horizontal distance required in any given zone district to be maintained between a lot line or property line (projected vertically) and the nearest point along or on an exterior wall or surface of a building or structure, excluding fences.Setback line means a line running parallel to a lot line or property line defining the boundary of a setback which is projected on a vertical plane from the ground skyward.Slope means the gradient of the ground surface which is definable by degree or percent.Specialized group home means an owner-occupied or nonprofit residential facility operated or properly licensed by the state or other governmental agency housing up to eight (8) resident clients, along with one (1) or more resident professional staff persons; but excluding half-way houses or other facilities serving persons transitioning from jail or prison, and excluding substance abuse treatment and/or rehabilitation facilities. A specialized group home shall not be located within seven hundred fifty (750) feet of another such use, except upon a special finding of substantial public need by the Planning Commission.Structure means anything constructed or erected with a fixed location on the ground above grade, but not including poles, lines, cables or other transmission or distribution facilities of public utilities.Subdivider means any person, firm, partnership, joint venture, association or corporation who shall participate as owner, promoter or developer in the planning, platting, development, promotion, sale or lease of a subdivision.Talus means the sloping deposit of rock fragments formed at the base of a steep slope or cliff by falling, rolling or sliding of rock from the slope.Talus slope means the steep upper surface of a talus deposit.Unstable or potentially unstable slope means an area susceptible to a landslide, a mudflow, a rock fall or accelerated creep of slope-forming materials.Wetland means land that has a predominance of hydric soils, that is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal conditions does support, a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions.17-107 Yard means an open space on a lot unoccupied by the principal building and with no obstructions above ground except for incidental projections and accessory buildings as permitted by this Title.Yard, front means a yard extending the full width of the lot, the depth of which is measured in the least horizontal distance between the front lot line and the nearest line or point of the principal building, such distance being referred to as the front yard setback. On a corner lot, the shorter of the two (2) lot lines abutting the street shall be considered as the front lot line.Yard, rear means a yard extending the full width of the lot, the depth of which is measured by the shortest horizontal distance between the real lot line and the nearest line or point of the main building, such depth being referred to as the rear yard setback.Yard, side means a yard extending the length of the lot between the front and rear yard setbacks, or lot lines in the absence of yard requirements, the width of which is measured by the shortest horizontal distance between the side lot lines and the nearest line or point of the principal building. (Ord. 320 Art. IX(B), 1981; Ord. 495, §1, 1999; Ord. 506 §8, 2000; Ord. 2 §8, 2001; Ord. 2 §1, 2003)17.36.030 Material to be submitted for review; certificate of appropriateness.The following material shall be submitted:(1) Completed application form.(2) Information about project to be submitted as required by the design review guidelines of the Design Review Commission.NOTE: Working construction drawings need not be submitted with the application for a certificate of appropriateness.(3) For any development involving any one (1) of the following conditions or circumstances:* More than one (1) principal building is to be built on a lot or group of lots in a single ownership.* Four (4) or more dwelling units are proposed to be constructed on a single lot;*A nonresidential use proposed to be built in any district; the following additional information shall be required (this information may be placed on a separate sheet if necessary in order to avoid confusion. Three (3) copies shall be submitted): a. The location and size of all existing and proposed buildings, structures and improvements or, in the alternative, an envelope in which a proposed building may be constructed. (If the development is to be completed in stages, only said buildings, structures and improvements to be included in the stage for which approval is being requested need to be shown). b. The maximum height of all buildings.17-108 c. The total number of dwelling units; the number of units per building; and the nature of the units (i.e., single-family, two-family, multiple-family, motel unit, etc.). d. The internal traffic circulation system; off-street parking areas, service areas, loading areas and major points of access to public rights-of-way. Even if the development is to be completed in stages, the internal traffic circulation system must be shown for the entire project. e. A general landscaping plan showing the approximate areas for screening, ornamental or other types of landscaping; and a detailed landscaping plan showing spacing, sizes and specific types of landscaping material, which detailed landscaping plans shall be approved prior to the issuance of any building permits. Only the landscaping to be included in the stage for which approval is being requested need be shown. (Ord. 320 Art. IX, 1981; Ord. 2 §1, 2003)17.36.040 Material to be submitted for review; special use permit.The following material shall be submitted:(1) Completed application form.(2) Names and mailing addresses of all owners of property within three hundred (300) feet of the site for which the permit is being requested.(3) Four (4) copies of a complete site plan, drawn at a scale which is sufficiently large to show the required information, but not less than ⅛" = 1'. The site plan shall include: a. The location of proposed and existing buildings and structures; b. The location, size and number of parking spaces to be provided in off-street parking areas; c. The location and size of off-street loading areas; d. The location and size of service areas and areas for storage of disposal of refuse; e. Means of ingress and egress; f. Major landscaping or screening proposals; g. Pedestrian areas; and h. Proposed signs(4) A time schedule for development.(5) Where applicable, three (3) copies of required slope or flood plain information and studies.(6) A written statement indicating how the proposed special use complies with the goals and policies of the Town with the general intent of this Title, and with the specific intent or intents of Chapter 17.24.17-109 (7) Any other information the applicant believes will support his or her request.(8) If a certificate of appropriateness is being applied for concurrently with the application for a special use permit, all information required to be submitted with an application for a certificate of appropriateness shall also be submitted. (Ord. 320 Art. IX, 1981; Ord. 2 §1, 2003)17.36.050 Materials to be submitted for review; site specific amendment to district map (rezoning).The following material shall be submitted:(1) Completed application form.(2) Names and mailing addresses of all owners of property within three hundred (300) feet of the property for which rezoning is being requested.(3) Three (3) copies of a survey and plot plan showing location of site, property dimensions, location of existing and proposed structures and improvements.(4) Written statement in justification of the request for rezoning, including how the proposed change in district designation meets the goals and policies and other aspects of the Georgetown Plan, the intent of this Title and the criteria for amending the district map.(5) If a special use is involved, all applicable information required to be submitted in application for a special use permit shall be submitted.(6) If a certificate of appropriateness is being requested concurrently with a request for rezoning, all information required to be submitted in the application for said certificate shall be submitted. (Ord. 320 Art. IX, 1981; Ord. 2 §1, 2003)17.36.060 Material to be submitted for subdivision review.The following material shall be submitted:(1) Conceptual plan. a. Completed application form. b. Names and mailing addresses of all abutting landowners. c. Sixteen (16) copies of schematic drawings (at a scale of not less than 1" = 200') and/or narrative statement, which shall include the following:1. Significant topographic features, including: natural and artificial drainage ways; ditches; lakes; approximate flooding limits based on available information; vegetative cover; rock outcrops; apparent geologic features; excavations; and mine shafts.2. Proposed land use, including: general location and type of housing units; total number of square feet of proposed nonresidential floor space; parks and open space; off- street parking provisions; service facilities; recreation areas; drainage ways; landscaping;17-110 location of sewer, water, gas, electric and telephone facilities; and all proposed major improvements.3. The basic internal road and pedestrian access system and the surrounding road system providing access to the site.4. All existing structures, utilities and other physical features which could affect the proposed development.5. Sufficient land survey data to identify the land being developed or subdivided.6. All recorded easements or rights-of-way which could affect the proposed development. d. One (1) copy of a statement of intent, which shall include the following:1. A concise description of how uses are intended to relate;2. The design goals and criteria;3. How open spaces are to be owned and maintained;4. Whether open spaces are to be open to public access and use, limited to access and use by landowners and their guests, or limited to a scenic easement; and a schedule of development. e. One (1) copy of information concerning the presence of any geologic hazard areas that could impact the subdivision and/or development of the subject property. If geologic hazard areas have not been officially designated by the Colorado Geologic Survey (or Plate I and Plate II of Geologic Hazards of Northeast Clear Creek County, Colorado contained in Appendices 17-A and 17-B to this Title), the applicant should consult with the geologic survey to determine what potential hazards may exist. f. One (1) copy of information concerning areas subject to or affected by a one-hundred- year (intermediate regional) flood.(2) Preliminary plat. a. Completed application form. b. Names and mailing addresses of all abutting landowners. c. Sixteen (16) copies of a site plan, at a scale of 1" = 100', on sheets which shall be 24"x36". If it is necessary to place the plan on more than one (1) sheet, an index map shall be included on the first map. A vicinity sketch map showing the location of the area being developed as it relates to the rest of the community, showing major streets in the area, shall be included. The site plan shall include the following:1. Proposed name of the development;17-111 2. Location and boundaries of the development as part of a larger area;3. Date of preparation, scale and north sign (designated as true north);4. Name, address and telephone number of owner and registered land surveyor, registered engineer or designer of the plan;5. Total acreage involved;6. Contours at two-foot intervals where the slope is less than ten percent (10%) and at five-foot intervals where the slope is greater than ten percent (10%);7. Location and dimensions of all existing streets, alleys, easements, drainage areas, irrigation ditches and laterals, and other significant features within or adjacent to the tract to be subdivided or developed;8. Location and dimensions of all proposed streets, alleys and easements, whether public or private, for the entire project;9. Location and dimensions of all areas which are to be conveyed, dedicated or reserved as common open space or scenic areas, including public parks, scenic and recreational areas, and as sites for schools or other public buildings;10. Designation of areas subject to a one-hundred-year (intermediate regional) flood;11. An identification of any geologic hazard areas affecting the site, whether on or off the site to be developed;12. Land use district designation on and adjacent to the tract;13. Proposed lots and blocks, and typical lot sizes;14. All proposed land uses;15. The location and size of existing utilities within or adjacent to the tract, including water, sewer, electricity and gas (may be placed on a separate sheet); and16. Proposed private and public utility system, including water, sewer, electricity, gas and telephone and any other services which will supply the area (may be placed on a separate sheet). d. The Planning Commission may require additional preliminary information in order to adequately review proposed utility systems, drainage plans, surface improvements or other construction projects contemplated within the area to be subdivided, in order to assure that the subdivision is capable of being constructed without an adverse effect upon the surrounding area or that the surrounding area will not have an adverse effect upon the subdivision.(3) Final plat.17-112 a. A proposed map/final plat drawn at a scale of not more than 1" = 100' and prepared in compliance with Article 51, Title 38, C.R.S., by a licensed professional land surveyor or engineer on one (1) or more numbered sheets 24"  36" in size. The initial proposed map/final plat may be prepared on paper in pencil or ink so that changes or additions to the map/plat as may be required after final revision and approval of the same may be more easily accommodated. Maps/plats of two (2) or more sheets shall include an index identifying each sheet on the first sheet. b. Twelve (12) paper prints or copies of the proposed map/final plat. c. In addition to the information required to be provided on the preliminary plat, the final plat shall contain the following:1. The title under which the subdivision is to be recorded.2. Accurate dimensions for all lines, angles and curves used to describe boundaries, streets, alleys, easements, areas to be reserved for public use, and other important features. All curves shall be circular arcs and shall be defined by the radius, central angle, tangent, arc and chord distances. All dimensions, both linear and angular, are to be determined by an accurate control survey in the field which must balance and close within a limit of one (1) in ten thousand (10,000). No final plat showing plus or minus dimensions will be approved.3. Names of all adjoining subdivisions with dotted lines of abutting lots. If the adjoining land is unplatted, it should be shown as such.4. An identification system for all lots and blocks and names for streets.5. An identification of the streets, alleys, easements, parks and other public facilities as shown on the plat, and a dedication thereof to the public use. Areas reserved for future public acquisition shall also be delineated on the plat.6. Total acreage and surveyed description of the area.7. A description of all monuments, both found and set, which mark the boundaries of the property, and a description of all control monuments used in conducting the survey.8. A statement by the land surveyor that the survey was performed by him or her in accordance with applicable state laws or under his or her direct responsibility, supervision and checking.9. A statement by the land surveyor explaining how bearings, if used, were determined.10. Signature and seal of the registered land surveyor.11. A delineation of the extent of the one-hundred-year flood plain, the effective date thereof and that the same is subject to change.12. Certification of approvals and signature blocks for the following:17-113 a) The Planning Commission by the Chairperson. b) The Board of Selectmen by the Police Judge/Mayor. c) Attestation and acceptance by the Town Clerk. d) Clerk and Recorder for Clear Creek County acceptance. e) Landowner ownership and dedication certificates. f) Title company/attorney title certificate. g) Surveyor's certificate. h) Mortgagee's certificate (when applicable).13. The following certificates shall, at a minimum, be included on the final map/plat when applicable: a) Land Dedications and Owner's Certificate:KNOW ALL PERSONS BY THESE PRESENTS:That ______, being the owner or owners of the following described real property situate in the Town of Georgetown, County of Clear Creek and State of Colorado, to wit:(Legal Description) has laid out, subdivided and platted the same into lots, tracts, streets, and easements as shown herein under the name and style of ______[insert name of subdivision], and by these presents does hereby set apart and dedicate to the Town of Georgetown for public use all of the streets, alleys and other public ways and places as shown hereon, and hereby dedicates those portions of land labeled as utility easements for the installation and maintenance of public utilities as shown hereon. [and/or other purposes, as appropriate to the subject plat].Executed the ____ day of ______, 20___.______Owner's or Owners' Name(s)STATE OF COLORADO ) ) ss. COUNTY OF ______)The foregoing instrument was acknowledged before me this ____ day of ______, 20___ by ______(printed name(s) of owner(s)). (If by natural persons, here insert name; if by persons acting in a representative official capacity, or as attorney-in-fact, then insert the name and said capacity of said person and reference document establishing such capacity; if by officer of a corporation, then insert the name of said officer as the president or vice president of such corporation, naming it; if by a general partner of a partnership, then insert the name of said person as a general partner).Witness my hand and official seal.______(SEAL) Notary PublicMy commission expires: ______17-114 b) Title Company Certificate:______does hereby certify that we have examined the title to all lands shown hereon and all lands herein dedicated by virtue of the plat, and title to all such lands is in the above-named Owner(s) free and clear of all liens, taxes and encumbrances, except as follows:(necessary descriptions when applicable) ______.Dated this ____ day of ______, 20___.______Agent/OfficerTitle: ______(Notary certification) c) Mortgagee's Certificate (if applicable):______, as beneficiary of a deed of trust (or identify other mortgage instrument or agreement creating security interest) which constitutes a lien upon the declarant's property, recorded at Reception No. ______and/or Book _____, Page _____, Clear Creek County Clerk and Recorder, hereby consents to the dedication of land to streets, alleys, roads and other public areas as designated on this plat, and hereby forever releases said lands from the lien created by said instrument.______(print name of beneficiary)______(signature)______(print title)Date: ______Address: ______(Notary certification) d) Surveyor's Certificate:I, ______, being a registered land surveyor in the State of Colorado, do hereby certify that this plat of ______was prepared by me and under my supervision, that both this plat and the survey are true and accurate to the best of my knowledge and belief, and that the monuments were placed pursuant to Sec. 38-51-105, C.R.S.Dated this ______day of ______, ______.______[Surveyor's name]/Registration No.] e) Georgetown Planning Commission Certificate:This plat is approved* this ____ day of ______, 20___.17-115 TOWN OF GEORGETOWN PLANNING COMMISSIONBy: ______Chairperson f) Georgetown Board of Selectmen Certificate:This plat is approved* this ____ day of ______, 20___.TOWN OF GEORGETOWN______(SEAL) Police Judge/MayorATTEST:______Town Clerk*This approval does not guarantee that the type of soil, geology, drainage or flooding conditions of any lot shown hereon are such that a building permit may be issued. This approval is also with the understanding that all expenses involving necessary improvements for all utility service, paving, grading, landscaping, curbs, gutters, street lights, street signs, and sidewalks shall be financed by others and not the Town of Georgetown. Notice is further hereby given that acceptance of this platted subdivision by the Town of Georgetown does not automatically constitute an acceptance of the roads, rights-of-way and other public improvements shown hereon for maintenance by said Town. Until such roads and rights-of-way and improvements meet Town specifications and are specifically inspected and accepted by the Town, the maintenance, construction, and all other matters pertaining to or affecting said roads, rights-of-way and improvements are the sole responsibility of the subdivider and owners of the land embraced within this subdivision. g) Town Clerk's Certificate:STATE OF COLORADO ) TOWN OF GEORGETOWN ) ss. COUNTY OF CLEAR CREEK )I hereby certify that this instrument was filed in my office at ______o'clock ___.M., ______, and is duly recorded.______Town Clerk h) Clerk and Recorder's Certificate:STATE OF COLORADO ) ) ss. COUNTY OF ______)I hereby certify that this plat was accepted for filing and recorded in the office of the Clear Creek County Clerk and Recorder on the ____ day of ______, 20___, under Reception No. ______, and/or Book ______, Page ______, at ______o'clock.______(SEAL) Clear Creek County Clerk and Recorder d. Other documents required at the time of submission of the final plat shall be:1. Draft engineering plans and specifications for all public infrastructure and facilities, e.g., water and sewer systems, streets/paving, drainage, curb, gutter and sidewalk.17-116 2. Utility and ditch company service agreements and written commitments when applicable.3. A draft subdivision improvements or development agreement prepared in substantial compliance with such format as adopted by the Town, inclusive of financial security agreements or specimens and all terms and conditions, if any, of subdivision approval established by the Board of Selectmen. (The submission of the draft agreement can be delayed at the applicant's discretion until after the public hearing on the proposed final plat.) (Ord. 320 Art. IX, 1981; Ord. 2 §7, 2001; Ord. 2 §1, 2003)CHAPTER 17.40Prospecting17.40.010 Purpose and intent.The purpose and intent of the regulations contained in this Section shall be to:(1) Declare that the extraction of minerals and the reclamation of land affected by such extraction are both necessary and proper activities. It is the further intent that land used under such a special use shall conserve natural resources, aid in the protection of wildlife and aquatic resources, and establish agricultural, recreational, residential and industrial sites and to protect and promote the health, safety and general welfare of the people of the Town.(2) Protect the public from potentially hazardous conditions, such as, but not limited to, rock falls and landslides; interference with public utilities; and contamination of public water supplies, etc.(3) Promote the safe use of the land.(4) Reduce the impact of dust, noise and other intrusions on to adjacent properties.(5) Protect the scenic value of hillsides from destruction of the natural topography, topographic features and vegetation.(6) Protect natural drainage ways and prevent soil erosion.(7) Encourage planning, design and development of the proposed buildings thereon so as to provide maximum safety.(8) Protect the public from the burden of excessive financial expenditures from the impacts of unreclaimed prospected areas, and damage to public ways and property.(9) Further the general purposes and intent of this Title. (Ord. 344 §1(1), 1983)17.40.020 Applicability.These regulations shall apply to all prospecting wherever it may occur within the Town. (Ord. 344 §1(2), 1983; Ord. 2 §9. 2001)17-117 17.40.030 Definitions.As used in this Chapter, the following terms have the following meanings:Affected land means the disturbed surface of an area within the Town where a prospecting or ancillary operation is being or will be conducted, including, but not limited to, on-site private ways, roads and railroad lines appurtenant to any such area; land excavations; prospecting sites; drill sites or workings; refuse banks or spoil piles; evaporation or settling ponds; leaching dumps; placer areas; tailing ponds or dumps; work, parking, storage or waste discharge areas; and areas in which structures, facilities, equipment, machines, tools or other such operations are situated.Prospecting means the act of searching for or investigating a mineral deposit and includes, but is not limited to, drilling core and bore holes, excavating and other exploratory activities undertaken for the purpose of extracting samples prior to commencement of mining development. Prospecting does not include those activities which cause insignificant or no surface disturbance, such as airborne surveys and photographs, use of instruments or devices which are hand-carried or otherwise transported over the surface to make magnetic, radioactive or other tests and measurements, boundary or claim surveying, location work, or such other work which causes no greater land disturbance than is caused by other ordinary lawful uses of the land by persons not prospecting. (Ord. 344 §1(3), 1983; Ord. 2 §9, 2001)17.40.040 Guidelines for prospecting permit approval.No person shall engage in any prospecting or work ancillary thereto without first obtaining a special use permit. No special use permit shall be granted until the following conditions are met:(1) The applicant is the owner of the fee title and mineral rights to the affected land or submits to the Planning Commission written proof of knowledge of the title fee owner and consent of mineral rights owner.(2) All state, federal and local regulations relating to, but not limited to, safety, sanitation, surface and ground water control and protection, dust control, storage of hazardous materials, noise control and reclamation have been met and will be strictly complied with throughout the period that the special use permit is in effect.(3) The applicant has submitted to the Town such financial warranties as may be required by the Planning Commission in accordance with Section 17.40.060.(4) The applicant has agreed to abide by those conditions of approval imposed by the Planning Commission to insure that no objectionable odor, noise (Sections 25-12-101 through 25-12-108, C.R.S.), or dust shall be permitted within five hundred (500) feet of any existing residence. The distance shall be computed from the nearest source of objectionable odor, noise or dust, caused by this special use, to the nearest portion of the residential building.(5) The applicant has agreed to abide by such other conditions of approval imposed by the Planning Commission for the protection of the public health, safety and welfare. (Ord. 344 §1(4), 1983)17-118 17.40.050 Reports and studies required.Any application for a permit shall not be considered complete or be accepted unless and until it is accompanied by the following:(1) Evidence of the applicant's ownership of the affected land and mineral rights or approval and/or consent of the owners as required in Section 17.40.040(1) above.(2) A complete site plan, known as the official development plan, showing all proposed facilities on and uses of the affected land. By way of example, but not by way of limitation, the official development plan shall show to scale existing structures, proposed new structures, uses for structures, storage areas with types of materials to be stored, settling ponds, fences and other types of screening, outdoor fixed equipment, loading and unloading areas, refuse dump areas, parking for employees/visitors and access routes to parking and loading/unloading areas. a. As approved, the official development plan shall become a part of the special use permit requirements. All proposed changes to the plan shall follow special use permit approval procedures. b. All construction approved on the plan shall require certificates of appropriateness and building permits.(3) The information and warranties required in subsections (1), (2) and (4) of Section 34-32- 113, C.R.S., Prospecting notice – reclamation requirements, as it exists on the effective date of the ordinance codified herein or as hereafter amended. If the applicant has filed said information with the State of Colorado Mined Land Reclamation Board, copies of the information or warranties so filed shall be sufficient.(4) A geological study, prepared by or under the supervision of a professional geologist (see Section 34-1-201 et seq., C.R.S.) to determine the geological hazards, including but not limited to rock falls, subsidence of the land and other hazards to the public that result from the prospecting activity. (Ord. 344 §1(5), 1983)17.40.060 Financial warranties; area and bulk regulations; expiration of special use permits; revocation.(a) Financial warranties. The Planning Commission may require the applicant to submit to the Town performance and financial warranties sufficient to pay the cost of damage to public facilities, streets and properties which may be damaged by the prospecting and ancillary activities; or(1) To protect the public from any danger from falling rock, blasting or other hazards; or(2) Reclamation of the affected lands so long as the same has not been required by the State of Colorado Mined Land Reclamation Board.(b) All area and bulk regulations applicable to the zoning district shall be in effect unless otherwise specifically provided in the official development plan.(c) A special use permit for prospecting will expire when application is made to the State of Colorado Land Mined Reclamation Board for a permit for development/mining; when prospecting17-119 has ceased on a site for a period of six (6) months, unless an application to the Town is pending for a development/mining special use permit or at such time as specified by the Planning Commission in its approval of the special use permit; or upon revocation as specified in Subsection (d) below.(d) Violation of the provision of this Title or of any of the conditions of approval of the special use permit or official development plan shall result in revocation of the permit in addition to the other penalties that can be imposed.(e) Granting of a special use permit for prospecting does not guarantee subsequent approval of a special use permit for development/mining. (Ord. 344 §1(6), 1981)CHAPTER 17.44Development/Mining Operations17.44.010 Purpose and intent.The purpose and intent of the regulations contained in this Section shall be to:(1) Declare that the extraction of minerals and the reclamation of land affected by such extraction are both necessary and proper activities. It is the further intent that land used under such a special use shall conserve natural resources, aid in the protection of wildlife and aquatic resources, establish agricultural, recreational, residential and industrial sites, and protect and promote the health, safety and general welfare of the people of the Town.(2) Protect the public from potentially hazardous conditions, such as, but not limited to, rock falls and landslides; interference with public utilities; and contamination of public water supplies, etc.(3) Promote the safe use of the land.(4) Reduce the impact of dust, noise and other intrusions on to adjacent properties.(5) Protect the scenic value of hillsides from destruction of the natural topography, topographic features and vegetation;(6) Protect natural drainage ways and prevent soil erosion.(7) Encourage planning, design and development of the proposed buildings thereon so as to provide maximum safety.(8) Protect the public from the burden of excessive financial expenditures from the impacts of unreclaimed prospected areas, and damage to public ways and property.(9) Further the general purposes and intent of this Title. (Ord. 344 §1, 1983)17-120 17.44.020 Applicability.These regulations shall apply to all mining and mining development/operations wherever they may occur within the Town. (Ord. 344 §1, 1983; Ord. 2 §10, 2001)17.44.030 Definitions.As used in this Chapter, the following terms have the following meanings:Affected land means the disturbed surface of an area within the Town where a development/mining operation or ancillary operation is being or will be conducted, including, but not limited to, on-site private ways, roads and railroad lines appurtenant to any such area; land excavations; prospecting sites; drill sites or workings; refuse banks or spoil piles; evaporation or settling ponds; leaching dumps; placer areas; tailing ponds or dumps; ore bins and loading areas, work, parking, storage or waste discharge areas; and areas in which structures, facilities, equipment, machines, tools or other such operations are situated.Development means the work performed in relation to a deposit, following the exploration required to prove minerals are in existence in commercial quantities but prior to production activities, aimed at, but not limited to, preparing the site for mining, defining further the ore deposit by drilling or other means, conducting pilot operations, constructing roads or ancillary facilities and other related activities.Mining operations means the development or extraction of a mineral from its natural occurrences on affected land. The term includes, but is not limited to, opening mining and surface operation and the disposal of refuse from underground and in-site mining. The term includes the following on affected lands: transportation; concentrating; milling; evaporation; and other processing. The term does not include: the exploration and extraction of natural petroleum in a liquid or gaseous state by means of wells or pipes; the extraction of geothermal resources; smelting, refining, cleaning preparation, transportation and other off-site operations not conducted on affected land. (Ord. 344 §1, 1983)17.44.040 Guidelines for development/mining operations permit approval.No person shall engage in any development/ mining operation or work ancillary thereto without first obtaining a special use permit. No special use permit shall be granted until the following conditions are met:(1) The applicant is the owner of the fee title and mineral rights to the affected land or submits to the Planning Commission written proof of knowledge of the title fee owner and consent of mineral rights owner.(2) All state, federal and local regulations relating to, but not limited to, safety, sanitation, surface and ground water control and protection, dust control, storage of hazardous materials, noise control and reclamation have been met and will be strictly complied with throughout the period that the special use permit is in effect.(3) The applicant has submitted to the Town such financial warranties as may be required by the Planning Commission in accordance with Section 17.44.060.17-121 (4) The applicant has agreed to abide by those conditions of approval imposed by the Planning Commission to insure that no objectionable odor, noise (Sections 25-12-101 through 25-12-108, C.R.S.), or dust shall be permitted within five hundred (500) feet of any existing residence. The distance shall be computed from the nearest source of objectionable odor, noise or dust, caused by this special use, to the nearest portion of the residential building.(5) The applicant has agreed to abide by such other conditions of approval imposed by the Planning Commission for the protection of the public health, safety and welfare. (Ord. 344 §1, 1983)17.44.050 Reports and studies required.Any application for a permit shall not be considered complete or be accepted unless and until it is accompanied by the following:(1) Evidence of the applicant's ownership of the affected land and mineral rights or approval and/or consent of the owners as required in Section 17.44.040(1) above.(2) A complete site plan, known as the official development plan, showing all proposed facilities on and uses of the affected land. By way of example, but not by way of limitation, the official development plan shall show to scale existing structures, proposed new structures, uses for structures, storage areas with types of materials to be stored, settling ponds, fences and other types of screening, outdoor fixed equipment, loading and unloading areas, refuse dump areas, parking for employees/visitors, and access routes to parking and loading/unloading areas. a. As approved, the official development plan shall become a part of the special use permit requirements. All proposed changes to the plan shall follow special use permit approval procedures. b. All construction approved on the plan shall require certificates of appropriateness and building permits.(3) Financial warranties, warranties of performance or warranties of financial responsibility shall be as defined in Section 34-32-117, C.R.S., as it exists on the effective date of the ordinance codified herein or as it may be hereafter amended. If the applicant has filed said information with the State of Colorado Mined Land Reclamation Board, copies of the information or warranties so filed shall be sufficient.(4) A geological study, prepared by or under the supervision of a professional geologist (see Section 34-1-201 et seq., C.R.S.) to determine the geological hazards, including but not limited to rock falls, subsidence of the land and other hazards to the public that result from the development/mining operation activity. (Ord. 344 §1, 1983)17.44.060 Financial warranties; area and bulk regulations; expiration of special use permits; revocation.(a) Financial warranties. The Planning Commission may require the applicant to submit to the Town performance and financial warranties sufficient to pay the cost of damage to public facilities, streets and properties which may be damaged by the development/mining operations and ancillary activities; or17-122 (1) To protect the public from any danger from falling rock, blasting or other hazards; or(2) Reclamation of the affected lands so long as the same has not been required by the State of Colorado Mined Land Reclamation Board.(b) All area and bulk regulations applicable to the zoning district shall be in effect unless otherwise specifically provided in the official development plan.(c) A special use permit for development/ mining operations will expire when development/mining operations have ceased on-site for a period of one (1) year.(d) Violation of the provision of this Title or of any of the conditions of approval of the special use permit or official development plan shall result in revocation of the permit in addition to the other penalties that can be imposed.(e) Upon issuance of a special use permit notification of compliance with local zoning regulations will be made to the appropriate state authorities. (Ord. 344 §1, 1981)17-123 APPENDIX 17-APLATE I – Surficial Geology of Northeast Clear Creek County, Colorado (Page 1 of 4)APPENDIX 17-A (Cont'd)17-124 Plate I, Page 2 of 4APPENDIX 17-A (Cont'd)Plate I, Page 3 of 417-125 APPENDIX 17-A (Cont'd)Plate I, Page 4 of 417-126 (Ord. 2 §7, 2001; Ord. 2 §1, 2003)17-127 APPENDIX 17-BPLATE II, Geologic Hazards of Northeast Clear Creek County, Colorado (Page 1 of 3)APPENDIX 17-B (Cont'd)Plate II, Explanation, Page 2 of 317-128 APPENDIX 17-B (Cont'd)Plate II, Page 3 of 317-129 (Ord. 2 §7, 2001; Ord. 2 §1, 2003)17-130 APPENDIX 17-CSLOPE DIAGRAM FIGURE 1APPENDIX 17-C (Cont'd)17-131 SLOPE DIAGRAM FIGURE 2APPENDIX 17-C (Cont'd)SLOPE DIAGRAM FIGURE 317-132 APPENDIX 17-C (Cont'd)SLOPE DIAGRAM FIGURE 417-133 (Ord. 2 §7, 2001; Ord. 2 §1, 2003)17-134

Chapter 17.04 Introductory Provisions

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