Sec. 4.11 Specific Requirements and Review Standards for Administrative Applications

Sec. 4.11. Specific Requirements and Review Standards for Administrative Applications.

a. Site plan purpose. The site plan is needed in order to apply for a building permit for all multi-family, commercial and industrial developments. The site plan shows how the lot will be developed so that the Town can make sure that the site design will be in compliance with all Town regulations.

b. In addition to the submittal requirements found in Appendix A, an application for a site plan must include:

(1) Finished floor elevations for all structures.

(2) Footprint of all proposed structures, noting the distance to the property lines.

(3) Square footage of the proposed building.

(4) Proposed structure height.

(5) For commercial and industrial uses, the type of activity and number of employees.

(6) For multi-family residential, the number of: residential units and bedrooms per unit.

c. Site plan applications may require development agreements to identify the public and private improvements necessary and associated costs. The agreements must meet the requirements identified in Section 4.9.1.b.(3).(m) and (o). The Town Engineer shall determine when an agreement is required.

d. Site plan review criteria. The site plan must meet the following review criteria:

(1) All of the information required on a site plan is shown.

(2) The lot size and lot dimensions are consistent with what is shown on the approved final plat.

(3) No buildings or structures infringe on any easements.

(4) The proposed site grading is consistent with the requirements of the Weld County Tri-Area Sanitation District’s Standard Requirements for Storm Drainage Design Criteria and Construction Standards for the I-25 Corridor Master Drainage Plan Godding Hollow and Tri-Town Basins South Weld County, Colorado.

(5) The density and dimensions shown conform with the density and dimensional standards in Section 3.5 of this Code or the approved development plan requirements.

(6) The applicable community design principles and development standards have been adequately addressed and the proposed improvements conform with Article 2.

(1) Minor variations in the location of structures, improvements or open space areas caused by engineering or other unforeseen difficulties may be reviewed and approved by the Town staff. Such changes shall not exceed ten percent (10%) of any measurable standard or modify the use, character or density of an approved site plan. All plans so modified shall be revised to show the authorized changes and shall become a part of the permanent records of the Town.

(2) Changes to approved site plans that exceed the ten-percent threshold, or other major modifications (such as changes in building size or footprint, relocation of access points, changes to required parking, etc.), shall be considered as a new site plan application. Such amendments shall require Administrative review and approval to become effective. A complete site plan application shall be prepared and submitted in compliance with the requirements set forth in this Section.

(1) Upon receipt of an application for an eligible facilities request pursuant to this Section, the Planning Director shall review such application to determine whether the application qualifies as an eligible facilities request.

(a) The application must indicate whether the application results in a substantial change.

(b) The application must include information pertaining to whether the project violates a generally applicable law, regulation, or other rule codifying objective standards reasonably related to public health and safety.

(c) The application may not require the applicant to demonstrate a need or business case for the proposed modification or collocation.

(2) The application must include the following:

(a) The applicant’s and surface owner’s names, addresses, signatures and designation of agent, if applicable.

(3) Time frame for review. Subject to the tolling provisions of Subsections (1)(f)(4)(a) and (1)(f)(6) of this Section, within sixty (60) days of the date on which an applicant submits an application seeking approval under this Section, the Town shall approve the application unless it determines that the application is not covered by this Subsection.

(4) Tolling of the time frame for review. The sixty (60) day review period begins to run when the application is filed, and may be tolled only by mutual agreement of the Town and the applicant, or in cases where the Planning Director determines that the application is incomplete:

(a) To toll the time frame for incompleteness, the Town must provide written notice to the applicant within thirty (30) days of receipt of the application, specifically delineating all missing documents or information required in the application;

(b) The time frame for review begins running again when the applicant makes a supplemental written submission in response to the Town’s notice of incompleteness; and

(c) Following a supplemental submission, the Town will notify the applicant within ten (10) days that the supplemental submission did not provide the information identified in the original notice delineating missing information. The time frame is tolled in the case of second or subsequent notices pursuant to the procedures identified in Subsection (1)(f)(4)(a) of this Section. In the case of a second or subsequent notice of incompleteness, the Town may not specify missing information or documents that were not delineated in the original notice of incompleteness.

(5) Failure to act. In the event the Town fails to act on a request seeking approval for an eligible facilities request under this Section within the time frame for review (accounting for any tolling), the request shall be deemed granted. The deemed grant becomes effective when the applicant notifies the Town in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted.

(6) Interaction with Telecommunications Act Section 332(c)(7). If the Town determines that the applicant’s request is not an eligible facilities request as delineated in this Article, the presumptively reasonable time frame under Section 332(c)(7), as prescribed by the FCC’s shot clock order, will begin to run from the issuance of the Town’s decision that the application is not a covered request. To the extent such information is necessary, the Town may request additional information from the applicant to evaluate the application under Section 332(c)(7) reviews.

(7) Decision. Any decision to approve, approve with conditions, or deny an application for a WCF shall be in writing and supported by substantial evidence related to regulations and restrictions, as detailed herein, in a written record. The applicant shall receive a copy of the decision.

(8) Compliance with applicable law. Upon approval, all work done pursuant to WCF applications must be completed in accordance with all applicable building, structural, electrical, and safety requirements as set forth in Town Code and any other applicable laws or regulations. In addition, all WCF applications shall:

(a) Comply with any permit or license issued by a local, state, or federal agency with jurisdiction of the WCF;

(b) Comply with easements, covenants, conditions and/or restrictions on or applicable to the underlying real property;

(d) Remain free from trash, debris, litter, graffiti, and other forms of vandalism. Any damage shall be repaired as soon as practicable, and in no instance more than ten (10) calendar days from the time of notification by the Town or after discovery by the owner or operator of the site. Notwithstanding the foregoing, any graffiti on WCFs located in the rights-of-way or on other Town-owned property may be removed by the Town at its discretion, and the owner and/or operator of the WCF shall pay all costs of such removal within thirty (30) days after receipt of an invoice from the Town.

(e) Compliance report. Upon request by the Town, the applicant shall provide a compliance report within forty-five (45) days after installation of a WCF demonstrating that, as installed and in operation, the WCF complies with all conditions of approval, applicable Code requirements and standard regulations.

(1) Notwithstanding the approval of an application for eligible facilities request as described herein, all work done pursuant to WCF applications must be completed in accordance with all applicable building and safety requirements as set forth in Town Code and any other applicable regulations. Applications for WCFs which are not eligible facilities requests shall be evaluated for compliance with Section 3.4(2)(b)(14) and the following criteria:

i) Such facilities shall be architecturally compatible with respect to attachments, and colored to match the building or structure to which they are attached;

ii) The maximum protrusion of such facilities from the building or structure face to which they are attached shall be six (6) feet;

iii) Wall-mounted WCFs shall not extend above the roofline;

iv) Roof-mounted WCFs shall be approved only where an applicant demonstrates a wall-mounted WCF is inadequate to provide service and evaluated for approval based upon the following criteria: By filing an application for a roof-mounted WCF an applicant is certifying agreement to the Town’s determination that the height extensions described in Subsections (1)(g)(1)(a)(v) and (vi) of this Section are the maximum heights that will allow the WCF to be camouflaged, and that any additional increase in height will undermine the camouflage nature of the site;

v) Roof-mounted antennas shall extend no more than ten (10) feet above the parapet of any flat roof or ridge of a sloped roof to which they are attached; and

vi) Other roof-mounted transmission equipment shall extend no more than ten (10) feet above any parapet of a flat roof upon which they may be placed and shall not be permitted on a sloped roof.

i) Such structures shall be architecturally compatible with the surrounding area;

ii) Height and size of the proposed alternative tower structure should be minimized as much as possible;

iii) WCFs shall be sited in a manner that evaluates the proximity of the facility to residential structures and residential district boundaries;

iv) WCFs should take into consideration the uses on adjacent and nearby properties and the compatibility of the facility to these uses, including compatibility with the surrounding topography, compatibility with the surrounding tree coverage and foliage, compatibility of the design of the site (with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness), and impact on the surrounding area of the proposed ingress and egress, if any.

i) Any such pole shall in no case be higher than thirty (30) feet. This requirement may be increased to thirty-five (35) feet by the Planning Director upon a showing from the applicant that a higher pole is technically necessary, will meet all other required design standards, is compatible with surrounding poles and infrastructure, and will not otherwise adversely affect the aesthetics of the surrounding area.

ii) Any new pole for WCFs shall be separated from any other similar pole, accessory equipment or wireless communications facility in the right-of-way by a distance of at least three hundred (300) feet.

iii) When placed near a residential property, the WCF shall be placed adjacent to the common side yard property line between adjoining residential properties, such that the WCF minimizes visual impacts equitably among adjacent properties. In the case of a corner lot, the WCF may be placed adjacent to the common side yard property line between adjoining residential properties, or on the corner formed by two (2) intersecting streets.

iv) Collocations are strongly encouraged and the number of poles within the right-of-way should be limited as much as possible.

v) Equipment enclosures shall be located out of view as much as possible.

a. Generally. The subdivision amendment process may be used in lieu of the preliminary and final plat processes (See 4.7.4 and Section 4.9.1 above) if the following conditions apply and the Planning Director determines that the subdivision is compatible with and will not have adverse impacts on surrounding properties:

(1) Three (3) or fewer new lots or blocks are created;

(2) Variances or subdivision exceptions are not required or requested;

(3) There is no public right-of-way dedication required or requested; and

(4) The property for which the subdivision amendment is requested was not the subject of a minor subdivision or subdivision amendment approval during the prior one (1) year.

b. Subdivision amendment purpose. The purpose of a subdivision amendment is to complete the subdivision of land consistent with the Town’s technical standards.

c. Subdivision amendment review criteria. All subdivision amendment plats except Boundary/Lot Line Adjustments shall comply with the following criteria to evaluate the Applicant’s request:

(1) A subdivision amendment shall meet the review criteria applicable to preliminary plat stated in Section 4.7.4 above.

d. The Town shall use the following criteria to evaluate an Applicant’s request for a Boundary/Lot Line Adjustment:

(1) The adjustment does not increase the number of lots or parcels or create new lots or parcels.

(2) The adjustment affects only two adjacent lots.

(3) The adjustment does not affect a recorded easement without the prior approval of the easement holder.

(4) The adjustment is no greater than ten (10) feet from the originally platted boundary or lot line.

(5) Any adjacent rights-of-way will not be changed.

(6) The adjustment will not create any nonconformities, or increase the degree of nonconformity of any existing structure or use.

(7) The adjustment complies with all other applicable requirements of this Land Use Code and all other applicable regulations and requirements.

(8) No more than one boundary/lot line adjustment is allowed within any one (1) year time period for the same properties.

(9) The adjustment is referenced to the platted lot line in the newly written deeds for both lots (submitted with the application).

(10) All affected property owners agree to the adjustment in writing.

(11) After the adjustment, both lots and the improvements thereon satisfy all applicable provisions of this Land Use Code and applicable building or fire codes, including but not limited to lot size and width, setbacks, and fire separation, unless otherwise waived, modified, or varied under the provision of this Land Use Code.

a. Plot plan purpose. The plot plan is needed in order to apply for a building permit for any building or structure constructed on a single-family home or duplex lot. The plot plan shows where the proposed building or structure will be located on the lot so that the Town can make sure that the proposed location will be in compliance with all Town regulations.

b. In addition to the submittal requirements found in Appendix A, an application for a plot plan must include:

(1) Square footage of the proposed building.

(2) Distance from the proposed building/s to all lot lines.

(3) Elevations of:

(a) The finished floor for the house and garage.

(b) The ground ten (10) feet away from the house and garage.

(4) Height of all proposed buildings.

(5) Street trees (right-of-way landscaping).

c. Plot plan review criteria. The plot plan must meet the following review criteria:

(1) All of the information needed on a plot plan is shown.

(2) The lot size and lot dimensions are consistent with what is shown on the approved final plat.

(3) No buildings or structures infringe on any easements.

(4) The proposed site grading is consistent with FHA standards (if insured by FHA); otherwise it shall meet the Town’s approval.

(5) The density and dimensions shown conform with the density and dimensional standards (Section 3.5) or the approved development plan requirements.

(6) The applicable community design principles and development standards (Article 2) have been adequately addressed.

a. Applicability. The Planning Director may grant minor modifications to approved site plans, site-specific development plans, final development plans, and final subdivision plats, and from specified development standards as stated in Article 3.

(1) Concurrent review for minor modifications from development standards. Requests for minor modifications from specified development standards may be submitted concurrently with any other required development applications, such as applications for preliminary subdivision plat approvals, conditional uses or site plans. In such cases, the Planning Director shall review and take action on the minor modification during the review of the primary development action.

(2) All other requests for minor modifications. All other requests for minor modifications shall follow the following procedure:

(a) Preapplication process.

(b) Neighborhood meeting (at Planning Director’s discretion).

(d) Submit application/completeness determination.

(e) Planning Director and (optional) DRC preliminary review.

(f) Optional) DRC response meeting.

(g) Submission of revised application in response to DRC review.

(h) DRC review and final recommendation.

(i) Planning Director final action.

(1) Minor modifications to approved site plans, final PUD development plans, final plats, and other approved final plans. The Planning Director may grant minor modifications to an approved final site or development plan, including final subdivision plats. In no circumstance, however, shall the Planning Director approve a plan or plat modification that results in:

(a) An increase in building height;

(b) An increase in the floor area ratio (FAR) by greater than ten percent (10%) as calculated on a total project basis;

(d) An increase in overall project density; or

(e) A change that would require resubdivision or a boundary/lot line adjustment.

(2) Minor modifications from development standards. The Planning Director may grant minor modifications up to a maximum of twenty percent (20%) from the following development standards:

(a) Minimum lot area requirements.

(b) Building setback requirements.

(d) Tree/vegetation protection standards.

(e) River/stream corridor, riparian area, or wetland setback requirements.

(f) Landscaping/buffer yard standards.

(g) Amount of off-street parking space requirements.

(h) Any other numeric standard stated in Article 2 (Community Design Principles and Development Standards), Article 3 (Zoning), Article 4 (Subdivision Regulations) or Article 7 (Signs), except for building height standards.

(3) Minor modifications for alternative compliance. The Planning Director shall have the authority to grant minor modifications to any design standard stated in Article 2 (Community Design Principles and Development Standards) or Article 3 (Zoning) of this Land Use Code in order to encourage the implementation of alternative or innovative practices that provide equivalent benefits to the public.

(4) Minor modifications to ensure compliance with the Federal Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA).

(a) Generally. The Planning Director shall have the authority to grant minor modifications to any use or development standard stated in Article 2 (Community Design Principles and Development Standards) or Article 3 (Zoning) of this Land Use Code in order to eliminate a substantial burden on religious exercise as guaranteed by RLUIPA, as amended.

(b) Limitations. In no circumstance shall the Planning Director approve a modification that allows a religious assembly use, or any uses/structures/activities accessory to it, in a zoning district where Article 3 (Zoning) prohibits such use or accessory use/structure/activity.

d. Review criteria. The Planning Director may approve minor modifications only upon finding that:

(1) The modification is necessary to satisfy the federal requirements for reasonable accommodation of housing for protected groups under the Federal Fair Housing Amendments Act; or

(2) The modification is necessary to eliminate a substantial burden on religious exercise as guaranteed by the federal RLUIPA of 2000; or

(3) All of the following criteria have been met:

(a) The requested modification is consistent with the stated purposes of this Land Use Code;

(b) As applicable, the requested modification is consistent with the approved final plan or plat;

(c) The requested modification eliminates an unnecessary inconvenience or practical difficulty to the applicant and will have no significant adverse impact on the health, safety or general welfare of surrounding property owners or the general public;

(d) Any adverse impacts resulting from the minor modification will be mitigated to the maximum extent practical; and

(e) The requested minor modification is either:

i) Of a technical nature and is required to compensate for some practical difficulty or unusual aspect of the site or the proposed development that is not shared by landowners in general; or

ii) An alternative or innovative design practice that achieves to the same or better degree the objective of the existing design standard sought to be modified.

Practical difficulties. In determining practical difficulty, the Planning Director shall consider and apply the factors stated in Section 4.7(7)(e) (review criteria for variances).

(1) Minor modifications to approved plans/plats. Modifications to an approved site plan, site specific development plan, final development plan or final subdivision plat shall be noted on a revised plat or plan, which shall be plainly marked as amended and submitted to the Planning Director. The Planning Director shall note the terms of the approved minor modification directly on the amended plat or plan, and the Planning Director’s signature and the date of approval shall be affixed. As applicable, such amended plan/plat shall be recorded within thirty (30) days of the Planning Director’s approval of the modification.

(2) Noted on pending application. The Planning Director shall specify any approved minor modifications from general development or zoning district standards and justifications for such modification on the pending development application for which the modifications were sought. Alternately, the Planning Director may include such final determination, in writing, as part of the required DRC report.

(3) As applicable, an approved minor modification shall be valid for the same time frame as the development approval with which it was joined or for the same time frame as the originally approved final plat or plan.

(4) In all other cases, an approved minor modification shall be valid for six (6) months, during which time the applicant shall commence substantial construction. If these actions are not taken within the six-month time period, the minor modification approval shall automatically lapse and be null and void.

(1) If the applicant has paid the inspection fees as outlined in Article 9 of the Land Use Code, an application for special use shall follow the core procedure for review of administrative applications, stated in Section 4.10.

(2) If the applicant has not paid the inspection fees as outlined in Article 9 of the Land Use Code, an application for special use shall follow the core procedure for review of administrative applications, stated in Section 4.10, however, the application must be presented to the Board of Trustees for approval.

b. In addition to the submittal requirements found in Appendix A, an application for a special use must meet the requirements for application as outlined in Article 9 of the Land Use Code.

a. General. Operation or establishment of a temporary use or structure shall be conditioned upon full prior compliance with the provisions stated in this Subsection.

b. Review procedure. All applications for temporary use shall follow the core procedure for review of administrative applications, stated in Section 4.10, except for the following modifications:

(1) Permit required. An approved temporary use shall be issued a temporary use permit that shall include the duration of the approval and shall include or reference all conditions of approval.

(2) Conditions of approval. In approving a temporary use, the Planning Director may impose conditions including but not limited to control of nuisance factors (e.g., glare, noise, smoke, dust), provision of security and safety measures, and limitations on hours of operation, storage, and parking, provided such conditions are reasonably necessary to:

(a) Satisfy the review criteria of this Subsection and the specific purposes of the zoning district in which the temporary use will be located;

(b) Protect the public health, safety, and general welfare; or

(c) Ensure operation and maintenance of the temporary use in a manner compatible with existing uses on adjoining properties and in the surrounding area.

c. The application shall include a written statement describing the proposal and addressing the following points:

(1) Traffic. The proposed site is adequately served by streets having sufficient width and improvements to accommodate the type and quantity of traffic that such temporary use will or could reasonably generate;

(2) Parking. Adequate parking is available to accommodate vehicular traffic to be reasonably generated by such use will be available either on-site or at alternate locations.

(3) Screening. On-site screening will be required as necessary to mitigate impacts of the temporary use on adjacent properties or rights-of-way.

(4) Landscaping. Landscaping, including weed removal, may be required based on the Planning Director’s determination of need, ultimate use, existing character, and existing surrounding uses.

(5) On-site lighting. All on-site lighting shall be installed and maintained in order to prevent glare subject to the outdoor lighting provision of Section 2.21.

(6) Trash removal. The owner of a temporary use shall be responsible for the storage and removal of all trash, refuse, and debris occurring on the site. Furthermore, all trash storage areas shall be screened from view of adjacent rights-of-way and the site must be maintained in a clean and safe manner.

d. Review criteria. An application for a temporary use or structure shall demonstrate compliance with the general standards stated in this Subsection and all of the following criteria:

(1) The proposed site for the temporary use or structure is adequate in size and shape to accommodate the temporary use.

(2) The proposed temporary use will be located, operated, and maintained in a manner consistent with the provisions of the Land Use Code.

(3) The operation of the requested use at the proposed location and within the time period specified will not create adverse impacts on surrounding properties or neighborhoods.

(4) To the maximum extent feasible, site design, including but not limited to location of parking, structures, and lighting, shall assure compatibility with surrounding uses.

(5) Temporary uses shall not violate any applicable conditions of approval that apply to the principal use on the site.

(6) The applicant or operator shall be responsible for obtaining any other required permits, such as Health Department permits.

(7) Permanent alterations to the site are prohibited.

e. Time limits on permits. Temporary use permits shall be valid for a specified period of time.

(1) The Applicant may request an extension beyond the approved time limit by requesting the extension prior to the expiration of the initial time limit. The request for an extension shall be scheduled for review in the same fashion as the original application, as specified in this subsection.

(a) Review Criteria. The following review criteria shall be used to evaluate requests for extensions of approved temporary uses:

i) The Applicant, owner, and operator have complied with the conditions of the original approval and permit.

ii) The temporary use has operated and will continue to operate in a way the satisfies all the review criteria stated in Section 4.11.6.c above; and

iii) The Applicant demonstrates a need for the requested extension.

(2) Conditions to approval of an extension of time. The extension may be conditioned upon design or physical alterations to the temporary use that the Planning Director determines are necessary to achieve a greater degree of compatibility with surrounding uses and properties.

f. Building Code and other compliance – Certificate of Occupancy. All temporary uses shall be required to comply with all applicable provisions of this Land Use Code and the building, fire, and other codes adopted by the Town, and shall obtain a Certificate of Occupancy, as applicable, prior to initiation of any temporary use.

a. General. The limited use review process applies to those uses that are designated in Tables 3-1 through 3-10, inclusive, as limited uses (“L”).

b. Review Procedure. Applications for limited use approval are processed using the core procedure for review of administrative applications, set out in Section 4.10. Such applications shall be processed with a site plan (see Subsection (1) of this Section) or plot plan (see Subsection (3) of this Section), as applicable to the use.

c. Review Criteria. The Planning Director may approve a limited use only upon finding that all applicable standards of this Code, including the use-specific standards of Section 3.4, are met. (Ord. 1295 § 7, 2018; Ord. 1371 §§ 14, 15, 2022; Ord. 1386 § 3, 2023)