Chapter 27 LAND USE AND DEVELOPMENT CODE*
*Editor's note--Ord. No. 1989-9, § 1(h), adopted April 4, 1989, repealed Ch. 27 in its entirety. Prior to such repeal, Ch. 27, Arts. I--VIII, set forth the zoning regulations of the city, and was derived from the following: Code 1962, §§ 2-3-10, 5-6-1, 5-6-7, 11-1-1--11-1-4, 11-2-2--11-2-5, 11-3-1--11-3-6, 11-3-8, 11-5-1--11-5-6, 11-5-8, 11-6-1--11-6-6, 11-6-8, 11-6A-1--11-6A-6, 11-7-1--11-7-6, 11-7-8, 11-9-1--11-9-7, 11-10-1--11-10-3, 11-10-5, 11-11-1--11-11-5, 11-11-8, 11-11-9, 11-12-1--11-12-4, 11-12A-1--11-12A-5, 11-13-1, 11-14-1, 11-15-1--11-15-6, 11-16-1--11-16-6, 11-17-1, 11-20-1--11-20-8, 11-20-10--11-20-18, 11-20-20--11-20-25, 11-21-1--11-21-13; Ord. No. 1985-1, § 2, adopted Feb. 5, 1985; Ord. No. 1986, §§ 1, 2, adopted April 15, 1986; and Ord. No. 1988-8, §§ 1--8, adopted June 21, 1988.
Section 2 of said Ord. No. 1989-9 enacted a new Ch. 27 to read as herein set forth. The style of numbering of articles and sections in the original ordinance (1989-9) has been retained by the editor, minor typographical errors have been corrected, and editorial emendations enclosed in brackets have been added for the sake of clarity; however, no substantive changes have been made. The "Appendix" referenced in various sections of this chapter has not been set forth herein, but may be found on file in the department.
Cross reference(s)--Administration, Ch. 2; community development permit, § 2-51; alcoholic beverages, Ch. 3; animals, Ch. 4; poultry prohibited in city except in the R-A residential agricultural zone, § 4-3; limitation on number of dogs and cats in the city, § 4-11; keeping of certain animals permitted in the R-A zone districts, § 4-27; noncommercial kennel licenses required for the harbouring of a certain number of animals, § 4-111; boards, commissions and committees, Ch. 5; water commission, § 5-191; buildings and building regulations, Ch. 6; manufactured housing in residential zones, § 6-87; siting regulations for manufactured housing, § 6-88; fire prevention and protection, Ch. 8; garbage and refuse, Ch. 10; litter, § 11-51 et seq.; junked, wrecked and abandoned property, Ch. 12; licenses and business regulations, Ch. 13; solicitors and peddlers licenses and regulations, § 13-211; local public improvement, Ch. 14; noise, Ch. 16; parks and recreation, Ch. 18; streets, sidewalks and other public places, Ch. 21; vegetation, Ch. 26.
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Art. 1. General Provisions, §§ 1-1--1-9
Art. 2. General Overview of Proposals, Procedures, and Applications, §§ 2-1--2-3
Art. 3. Plans and Policies, §§ 3-1, 3-2
Art. 4. Zoning Districts and Zoning Map, §§ 4-1--4-12
Art. 5. Overlay Zones, §§ 5-1--5-4
Art. 6. Planned Development (PD) Zone Districts, §§ 6-1--6-5
Art. 7. Subdivision of Land, §§ 7-1--7-9
Art. 8. Building Permit, §§ 8-1--8-4
Art. 9. Annexations, §§ 9-1--9-4
Art. 10. General Regulations, §§ 10-1--10-11
Art. 11. Abandonment of Rights-of-Way and Easements, §§ 11-1--11-4
Art. 12. Appeals, Waivers, and Variances, §§ 12-1--12-6
Art. 13. Text Amendments to Code, §§ 13-1, 13-2
Art. 14. Administration and Enforcement, §§ 14-1--14-5
Art. 15. Definitions
Art. 16. Major Street Impact Fee, §§ 16-1--16-9
Land Use and Development Code Comparative Table
ARTICLE 1. GENERAL PROVISIONS*
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*Cross reference(s)--Administration and enforcement, Ch. 27, Art. 14; definitions, Ch. 27, Art. 15.
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Sec. 1-1. Title.
Sec. 1-2. Authority.
Sec. 1-3. Application.
Sec. 1-4. Purpose.
Sec. 1-5. Relationship to policy and land use plans.
Sec. 1-6. Separability.
Sec. 1-7. Rules of language.
Sec. 1-8. Planning commission.
Sec. 1-9.
Extended vesting through use of development agreements.
Sec. 1-1. Title.
Chapter 27 shall be known, cited, and pleaded as the City of Durango Land Use and Development Code (hereinafter known as "code").
(Ord. No. 1989-9, § 2, 4-4-89)
Sec. 1-2. Authority.
The City of Durango (hereinafter known as "city") is authorized by the law to:
(a) Regulate zoning, planning, subdivision and development of land and building by article 23 of title 31, C.R.S.;
(b) Designate and administer areas and activities of state interest by sections 24-65.1-101 to 108, 201 to 204, 301, 401 to 407, 501 to 502 and 34-1-301 et seq., C.R.S., as amended;
(c) Regulate planned unit development by section 24-67-101 et seq., C.R.S.;
(d) Regulate certain activities on, and uses of land by section 29-20-101 et seq., C.R.S., as amended;
(e) Regulate to avoid various types of pollution by virtue of section 25-7-112 [C.R.S.] (water pollution, radiation, noise);
(f) Regulate annexation of land by section 31-12-101 et seq., C.R.S., as amended;
(g) Provide for the establishment of vested real property rights by section 24-68-101 et seq., C.R.S.;
(h) Regulate surveying practices by section 38-51-101 et seq., C.R.S.;
(i) Regulate in accordance with the Durango City Charter.
Should further authorizing legislation exist or be enacted, this code is additionally deemed to be enacted pursuant thereto, except to the extent it may be inconsistent therewith (see section 1-3, Application).
(Ord. No. 1989-9, § 2, 4-4-89)
Sec. 1-3. Application.
This code shall apply to all public and private lands situated within the corporate limits of the City of Durango over which the city has jurisdiction under the Constitutions and laws of the State of Colorado and the United States, and to any unincorporated lands within the Durango planning area for which a service agreement has been entered into, only to the extent referenced in such service agreement.
The city planning and community development department (hereinafter known as "department") of Durango can be contacted for further information about the use of this code. As this code affects the rights of private ownership of land, it has been written with an understanding of, and subject to, these rights as stated in the Constitution of the United States, as interpreted by the Supreme Court of the United States, and the Constitution of the State of Colorado, as interpreted by the Supreme Court of the State of Colorado.
The use, occupancy, improvement, sale of land or buildings, excavation, or the construction of any principal or accessory building or structure, or to commence the moving, alteration, expansion, conversion or repair of any building or structure prior to the issuance of a building permit for that activity, shall be in accordance with all applicable provisions of this code, except as provided for in section 4-10 (Nonconforming uses), and/or section 4-11 (Nonconforming situations).
An approval or permit issued in accordance with this code may be transferred to a subsequent buyer of the property for which the approval or permit was issued unless otherwise provided for by the approval or permit. Such permit shall continue to be valid so long as the terms and conditions of the permit are maintained; such permit holder may apply for an amendment to the approval or permit.
A nonconforming use may be transferred to a subsequent buyer of that use and/or the property upon which the use is located. However, continuance of the use shall be in accordance with the provisions of nonconforming use within this code (see section 4-10).
Any permit issued in conflict with the provisions of this code shall be null and void and shall not be construed as waiving any provision of this code. No oversight or dereliction of any office or employee of the city shall legalize, authorize or excuse any violation of any provision of this code. No legal, vested or equitable rights shall be acquired under any invalid zoning or building permit, certificate of occupancy or license.
In their interpretation and application, the provisions of this code shall be regarded as the basic requirements for the protection of public health, safety, comfort, morals, convenience, prosperity and welfare. This code shall be liberally interpreted in order to further its underlying purposes.
Whenever any provision of this code or any provision of any other law, rule, contract, resolution, ordinance or regulation of the city, county, state or federal government contains certain standards covering the same subject matter, the more restrictive requirements or higher standards shall govern.
(Ord. No. 1989-9, § 2, 4-4-89)
Sec. 1-4. Purpose.
A clear, orderly, efficient and integrated development code for the city which promotes the health, safety and general welfare of the residents is desirable and necessary in order for public officials, staff, developers and the public to respond to the opportunities and demands of change rationally, uniformly and consistently in the City of Durango. To that end, this code is an integration of land use and development regulations which may affect any property. It incorporates clarity and provisions for flexibility in decision making.
The elements which make up this code are interrelated and cannot be taken in isolation, but must be taken within the context and intent of the entire code.
(Ord. No. 1989-9, § 2, 4-4-89)
Sec. 1-5. Relationship to policy and land use plans.
It is intended that this code provide for implementation over time of the planning policies, the applicable elements of the comprehensive plan, and specific area or facility plans as may be adopted prior or subsequent to the adoption of this code. Further it is intended that this code and any amendments thereto be in conformity with adopted policies or plans, and that neither this code nor any amendments thereto may be challenged on the basis of any alleged nonconformity with any planning document.
(Ord. No. 1989-9, § 2, 4-4-89)
Sec. 1-6. Separability.
It is hereby declared to be the legislative intent of the city council that provisions of this code shall be severable in accordance with the provisions set forth below.
If any provision is declared unconstitutional or invalid by a decision of any court of competent jurisdiction, it is hereby declared to be the legislative intent that:
(a) The effect of such decision shall be limited to that provision or provisions which are expressly stated in the decision to be invalid.
(b) Such decision shall not affect, impair or nullify this code as a whole or any other part thereof, but the remainder of this code shall continue in full force and effect unless and until the city council acts to modify the code or part thereof.
(Ord. No. 1989-9, § 2, 4-4-89)
Sec. 1-7. Rules of language.
For purposes of interpretation of this code, the following rules of language shall apply:
(a) The particular controls the general.
(b) In case of difference of meaning or implication between the text of this code and the captions for each section, the text shall control.
(c) The word "shall" is always mandatory. The word "should" is at the discretion of the approving staff, board, commission, or council; and the word "may" is permissive, and is at the discretion of the city council.
(d) Words contained in Article 15 are those having a special meaning relative to the purposes of this code. Words not listed in Article 15 shall be defined by an appropriate reference in a published standardized dictionary.
(e) Words used in the present tense include the future, words in the singular include the plural, and words of one gender include all other genders, unless the context clearly indicates the contrary.
(f) All words, terms and phrases not otherwise defined herein shall be given their usual and customary meanings, unless the context clearly indicates a different meaning was intended.
(g) All article and section references cited within this code (Chapter 27 of the City of Durango Code of Ordinances) are limited only to those articles and/or sections contained within this code.
(h) Time requirements set forth in this code shall be calculated by counting the day following the referenced action as "day one (1)" and the last required day referenced (i.e., "day fifteen (15)") as ending at the close of business hours of the department on that numbered day. If a required time period is for "working days," Saturdays, Sundays, and holidays recognized by the City of Durango shall not be counted.
(Ord. No. 1989-9, § 2, 4-4-89)
Sec. 1-8. Planning commission.
1-8-1 Commission established. There is hereby created and established a regulatory commission to be known as the "Durango Planning Commission." The purpose of the commission is to oversee the policies set forth in the Land Use and Development Code, as adopted or hereafter amended. The specific purposes of the Land Use and Development Code are set forth in section 3-1-2.
1-8-2 Membership. The commission shall consist of five (5) regular members, and one (1) nonvoting ex officio member who shall be the administrator of this Code. The administrator (director of the planning and community development Department and/or appointed department representatives) shall serve as staff to the commission.
1-8-3 Quorum and voting. Establishment of a quorum and voting shall be pursuant to the City of Durango Rules and Procedures for Boards and Commissions. A roll call vote shall be taken upon the request of any member. A tie vote shall be deemed a denial of the motion or recommended action.
1-8-4 Officers. The commission shall select officers for designated terms consistent with the City of Durango Rules and Procedures for Boards and Commissions.
1-8-5 Powers and duties. In its actions, the commission shall operate in accordance with the City of Durango Rules and Procedures for Boards and Commissions and may adopt additional operating procedures that are consistent with such rules and procedures and this Code.
The Durango Planning Commission shall:
(a) Make studies and recommend to the council plans, goals and objectives relating to land use, growth, development, and redevelopment of the city.
(b) Develop and recommend to the council policies, ordinances and administrative procedures, and other means for implementing adopted plans in a coordinated and efficient manner.
(c) Conduct public meetings and hearings to review land use and development applications; consider administrative staff recommendations and public comments, and formulate recommendations to forward to the city council regarding those applications.
(d) Consider appeals of a staff interpretation regarding city policy, land use or density as set forth in this code (see section 12-4, planning commission).
(e) Perform any other duties assigned by the council. Public hearings of the commission, as required, shall be regularly scheduled at least once a month. Other meetings may be held as deemed necessary by the commission upon proper notice.
Except as otherwise provided by this code, the commission shall be governed by the provisions of article 23, title 31, C.R.S. The commission and other city officials mentioned in said article shall have all the powers provided for in said article and be governed by the procedures therein set forth.
1-8-6 Advisory committees. The city council may establish advisory committees/task forces to help the commission carry out its planning responsibilities with respect to a particular subject or community area. Members shall be appointed by the council to serve as directed by the council. Such committees shall advise the commission and the council.
(Ord. No. 1989-9, § 2, 4-4-89; Ord. No. O-2002-6, § 7, 4-2-02)
Sec. 1-9. Extended vesting through use of development agreements.
Pursuant to the authorization of § 24-68-104(2), C.R.S. 2004, the city shall have and retain the authority to grant vested rights in excess of three (3) years, when warranted in light of all relevant circumstances, including, but not limited to the size and phasing of the development, economic cycles, and market conditions. Such extended vesting shall be through the utilization of a development agreement with the property owner, which agreement shall provide for approval of a site-specific development plan and which shall be adopted as a legislative act subject to referendum.
(Ord. No. O-2004-42, § 1, 12-21-04)
Sec. 1-10. Design review board.
1-10-1 Board composition and operation.
(a) There is hereby created and established a regulatory board to be known as the "design review board," which is formed for purposes of improving and enhancing the overall appearance and atmosphere of the City of Durango Central Business District, River District and Downtown Design Overlay Zone, as well as the review of design elements of commercial development within the city. The design review board shall fulfill the powers and duties as set forth in section 1-10-2 below. The board shall consist of seven (7) members. The guidelines for the composition of the regular members of the board shall include the selection of an architect, a professional designer or graphic artist, a business person who owns or operates an establishment in the Central Business District, a business person who owns or operates an establishment outside the Central Business District, and three (3) members at large, who collectively offer a range of expertise that will contribute to informed decision making.
(b) The administrator or department staff shall provide assistance to the board.
(c) The board shall be appointed and operate in accordance with the "City of Durango Rules and Procedures for Boards and Commissions" (available at the department).
1-10-2 Board jurisdiction. The board shall have the powers and duties to:
(a) Consider and decide an appeal regarding section 10-3 (Sign standards and procedures) which involves:
(1) An appeal for a waiver or variance of a sign provision, requirement or standard.
(2) An appeal of a staff interpretation or decision, including a requirement for any standard not mentioned in this code.
(b) Consider and decide a proposed master sign program as provided for in section 10-3-7 or review certain temporary signs (see section 10-3-8(b)).
(c) Review a design or plan for the construction, renovation, alteration, expansion or extension of any structure within the CBD River District or Downtown Design Overlay Zone, as well as any improvements, excavation or construction of any commercial building or structure, or the alteration, expansion, conversion or repair of any commercial building or structure, pursuant to the commercial use design guidelines (see Article 5), and make recommendations consistent with the zone standards as set forth in section 5-1-5(q) and 5-1-5(r) to the administrator for inclusion in the conditions of approval for any permit for construction.
(d) Make recommendations to the planning commission for changes to the sign regulations (see section 10-3), design overlay zone standards (Article 5), commercial use design guidelines (Article 5), or this code; and made recommendations to the administrator regarding the planning, design, or construction of public facilities within the CBD River District or Downtown Design Overlay Zones (Article 5).
1-10-3 Application filing and processing.
(a) An application, with required materials, shall be filed at the department. Only complete applications shall be accepted.
(1) A completed application for an appeal (see Appendix [not set out in this chapter]) and fee (see section 2-2-2).
(2) Any scaled drawing(s) and/or illustration(s) which may be required to show the applicable characteristics of the sign, site, and/or structure and the effect of the required standard, or how the intent of the standard, as applicable, can be met if the appeal is granted.
(3) A written statement describing the appeal and stating the reason(s) the appeal is being requested.
(4) Any additional information necessary to adequately review the application as determined by staff.
(b) Staff shall review the application in accordance with the criteria established in (e)(1) below.
(c) The application shall be scheduled on the first available meeting agenda of the board. The meeting shall be held no later than thirty-five (35) days from the date the application is filed. Staff shall present the application, including any comments, to the board.
(d) The board shall consider the application, any staff review comments, and the applicant's comments, evaluate the application in accordance with the criteria established in (e)(1) below, and approve or deny the application. If the board approves the application, it may attach conditions necessary to protect any affected property and/or to further the purpose and intents of section 10-3 (Sign standards and procedures) and/or Article 5, as applicable.
(e) The board shall make its decision within thirty-five (35) days of the initial meeting, unless the applicant agrees, in writing, to an extension. Such decision may be appealed to the city council in accordance with section 2-3-2(c)(2).
(1) Criteria for review, recommendation, and approval. The board may approve an appeal only when all of the following criteria have been met.
a. Granting the appeal will not conflict substantially with any city adopted plans or policies, or the intent of section 10-3 (Sign standards and procedures) and/or Article 5, as applicable; and
b. There are exceptional conditions creating an undue hardship, applicable only to the property involved or the intended use, or the structure on the property, which do not generally apply to other land areas, uses, or structures in that design overlay zone; and
c. Granting the appeal will not be detrimental to any adjacent properties; and
d. Granting the appeal will not have a detrimental impact on public health, safety or welfare.
1-10-4 Review of commercial project, projects in design overlay zones and the CBD River District.
For all new construction, major alterations or additions, as well as applications for a variance or a waiver, a pre-application conference shall be scheduled and held with staff of the planning and community development department prior to the submittal of any such application.
(a) The applicant shall file the following materials at the department. Only complete applications shall be accepted.
(1) A completed application for a design review (see Appendix [not set out in this chapter]).
(2) Scaled building/structure elevations and/or construction drawings, colored illustrations, and material samples as appropriate to present the proposed design of the project.
(3) A narrative summarizing how the proposed plans meet the applicable design standards (Article 5).
(b) Staff shall review the application in accordance with the criteria established in (e)(1) below.
(c) The application shall be scheduled for initial presentation on the first available meeting agenda of the board. The meeting shall be held no later than thirty-five (35) days from the date the application is filed. Staff shall present the application, including any comments, to the board.
(d) The board shall consider the application and the staff review comments, the applicant's comments, evaluate the application in accordance with the criteria established in (e)(1) below, and:
(1) Approve the application and, as applicable, the issuance of a Certificate of Design Compliance, and require the proposed design elements to be included as conditions of approval on a building permit application; or
(2) Require the applicant to modify the design elements, as proposed, to be more in conformance with the applicable design standards as set forth in Article 5 for the overlay zone(s) within which the project is located.
a. In the event modifications are requested, the modified plans/drawings shall be resubmitted for review by the board in accordance with the time requirements in (c) above; or
b. The board may request that the staff review any requested modifications, and if the modifications comply with the direction(s) given by the board, the staff shall approve the modified design elements and require the modified elements to be included in the conditions of approval on a building permit application.
(e) The board shall make its decision within thirty-five (35) days of the initial meeting, unless the applicant agrees, in writing, to an extension. If the board directs the staff to review modified design elements, the staff shall complete that review within five (5) working days of the resubmittal of the modified plans.
(1) Criteria for review, recommendation, and approval. The board may approve design elements proposed for the design overlay zones when all of the following criteria have been met:
a. The proposed design elements conform to the intents as set forth in the applicable design overlay zone or the adopted commercial use design guidelines (see Article 5); and/or
b. Granting the appeal will not be detrimental to adjacent properties.
1-10-5 Appeal of a design review board decision.
A decision made by the design review board only under the provisions of section 12-3-2(a) and (b) may be appealed by any person to the city council in accordance with section 2-3-2(c)(2).
(a) The appeal shall be in writing and shall be filed at the department within five (5) working days of the board, or if assigned staff, action.
(b) The staff shall promptly schedule such appeal on the meeting agenda of the city council. The appeal meeting shall be considered by council within thirty-five (35) days of the date the appeal is filed, unless the applicant agrees, in writing, to an extension.
(c) Following consideration of the appeal, the board or staff decision, and any staff review comments, the council shall approve or deny the appeal, in whole or in part, in accordance with the criteria set forth in section 12-3-4(e)(1), no later than thirty-five (35) days from the initial meeting of the council to consider the appeal.
(Ord. No. O-2005-19, § 1, 7-5-05)
Cross References: Application fee schedule, Ch. 27, § 2-2-2; staff, agencies, and public bodies involved in procedures, Ch. 27, § 2-3-2; overlay zones, Ch. 27, Art. 5; adoption of design guidelines for Downtown Overlay District, Ch. 27, § 5-2-1; signs in special areas, Ch. 27, § 10-3-7; specific use or type of signs, Ch. 27, § 10-3-8; sign standards and requirements, Ch. 27, § 10-3-9; appeals, waivers, and variances, Ch. 27, Art. 12; board jurisdiction, Ch. 27, § 12-3-2; review of projects in design overlay zones and the CBD River District, Ch. 27, § 12-3-4.
ARTICLE 2. GENERAL OVERVIEW OF PROPOSALS, PROCEDURES, AND APPLICATIONS
Sec. 2-1. Proposals.
Sec. 2-2. Applications.
Sec. 2-3. General procedures for applications.
Sec. 2-1. Proposals.
The policies and regulations in this code shall apply to proposals concerning the use and development of land within the city and may apply to land outside the corporate boundary, but within the planning jurisdiction (see section 1-3, Application). In using the code, any person proposing a land use or development will need to know the answers to the following questions:
-- Is the proposal one that requires a review and approval under this code?
-- If the proposal requires a review and approval, what is the required application procedure?
-- What are the criteria for evaluating the application?
-- What are the applicable standards of use and/or development?
2-1-1 Land uses. If the proposed land use is an "allowed" use within the zone district of a particular property, the use may be placed on the property subject to requirements, limitations, and/or development/performance standards required within this code.
2-1-2 Development or other proposals. Examples of types of proposals which require review and approval are listed as follows:
(a) Rezonings (including the rezoning action occurring for a planned development).
(b) Special uses.
(c) Conditional uses.
(d) Subdivision of any parcel of land.
(e) Plans for development within a planned development district.
(f) Vacation of public rights-of-way or easements.
(g) Dedication of public rights-of-way.
(h) Annexations.
2-1-3 Construction proposals. Examples of types of construction proposals which require review and approval are listed as follows:
(a) Construction, erection, placement, alteration, demolition, or moving of any structure, mobile home, or sign including the painting of a sign on a building, wall or fence.
(b) Construction, erection, placement, or alteration of any fence, wall or retaining wall.
(c) Excavating or filling, or combination (grading) thereof of a site.
(d) Removal or alteration of riparian vegetation within the River Corridor Overlay Zone.
(e) Removal or alteration of upland vegetation within an erosion exposure zone located within the River Corridor Overlay Zone.
(Ord. No. 1989-9, § 2, 4-4-89; Ord. No. 1995-23, § 1, 10-17-95)
Sec. 2-2. Applications.
Applications for proposals are available at the planning and community development department and examples are in the Appendix [not set out in this chapter] of this code. Any questions concerning the use of this code should be directed to the department.
2-2-1 Preparation requirements. Applications shall be prepared in accordance with the general requirements, which apply to all applications, as well as any specific requirements of this code. Article 3 references adopted plans which set forth guidelines and policies which may also affect any application.
2-2-2 Application fee schedule. Fees shall be charged to offset the cost of application processing (including any application for amendments to existing approvals), reviews, public notices, hearings, and recordkeeping. Application fees to be charged by the City of Durango shall be established, from time to time, by resolution adopted by the Durango City Council.
Recording fees of the La Plata County Clerk and Recorder's Office shall be paid to the county by the applicant at the time of recording.
(Ord. No. 1989-9, § 2, 4-4-89; Ord. No. 1996-3, § 1, 2-6-96)
Sec. 2-3. General procedures for applications.
2-3-1 Common elements of procedures. The specific procedures may differ for the various applications. Applicants requiring a specific approval are advised to review the appropriate section(s) in this code which deal with the procedures and requirements of that particular application. Generally, the procedures for all applications have four (4) common elements:
(a) Submittal of an application and required information by an applicant.
(b) Review of the submittal by appropriate city departments, agencies and/or boards.
(c) Action to approve, approve with conditions, or deny the application.
(d) Issuance of permits and/or letter of approval or denial of the application.
Submittal requirements and application procedures are established in this code for each type of application. The major differences between the various applications are types of material and information required in an application submittal, types of required review, and time for required processing.
2-3-2 Staff, agencies, and public bodies involved in procedures. The following is a brief outline of the processes common for most applications, which is followed by staff, review departments or agencies, planning commission, and city council.
(a) Staff and agency review. Staff shall assist the general public in the interpretation and understanding of this code. An applicant should, and may be required to, schedule a meeting with the staff of the department to discuss the proposal. The staff shall receive and process a required application which has been determined to include all required information and/or materials, and review the application for adherence to the requirements, standards, and policies of this code, and for conformance to the adopted plans and/or policies.
(1) The department staff shall forward copies of the application to appropriate city departments or other agencies (see (2) below) for their review of the submitted material(s). This review is advisory and does not constitute approval or disapproval. The city department and/or agency staffs may meet for consultation and/or coordination purposes, and/or may request additional information which is reasonably determined to be necessary to adequately review the impacts of a proposal. These staffs may make recommendations in accordance with good planning, engineering, and development practices.
(2) Other agencies which may review an application include, but are not limited to:
a. La Plata County staffs, planning commission, or board of commissioners.
b. Appropriate school district.
c. State or federal agencies (i.e., Bureau of Land Management, Colorado Geologic Survey, Colorado Division of Wildlife).
(3) The department shall request that such agencies respond, in writing, to the request for review within the number of days indicated on the review request form. If no response is received within the requested review period, and no extension is requested by the agency, the department shall interpret the nonresponse as "no comment." City departments or agencies may request additional time for review if the administrator reasonably determines that "good cause" has been shown for the request and if such request is made within the review time period set forth for the application. Applicant consent shall be required if such request for an extended review time causes the time periods required by this code for consideration of an application by the staff, board, planning commission, or city council to be extended.
(4) Any comments received from any other city department or agency shall be forwarded to the applicant within four (4) days of receipt by the department. All recommendations, comments, and/or proposed conditions of approval prepared by department staff, or recommended by other city departments, or other agencies, shall be forwarded to the applicant, board, planning commission, or city council four (4) days prior to the public hearing/meeting on an application.
(b) Planning commission.
(1) The city planning commission members shall function as lay citizens representing the public interests of the city.
The commission shall hold regularly scheduled public meetings/hearings (see definitions) as required by this code to review and receive public comment (testimony) on applications/proposals; shall make its findings based on applicable criteria set forth in this code; and shall then prepare a recommendation to the city council to approve, approve with conditions, or deny an application.
Public meetings/hearings which involve such applications as rezones, special or conditional uses, subdivision plans and plats, or plans for development in a planned development district, etc., are quasi-judicial in character. Commission recommendations shall be based on applicable criteria, as set forth in this code, after consideration of evidence and/or testimony presented, including but not limited to the following:
a. Conformance with this code and adopted plans, standards and policies.
b. Planning staff recommendations.
c. City department or agency review comments.
d. Public comment (testimony) and any relevant evidence presented at a hearing.
e. Effects of the proposal on the neighborhood, area, and/or community at large.
(2) Minutes shall be written and retained and shall record the evidence submitted within the hearing, a summary of the considerations and the action of the planning commission.
(3) An application required by this code to hold a public hearing before the city council shall be advertised and noticed immediately following the date of the planning commission action. The planning commission recommendation and advertised date of public hearing before the city council shall be presented to the council at the first available meeting of the council following the date of the recommendation. The council may, on the date of the hearing, elect to continue such hearing to allow time for the receipt of additional information or adequate hearing time in the event the council agenda is full on the advertised hearing date.
(4) A planning commission recommendation for denial may be appealed by the applicant to the city council, or the applicant may elect to withdraw the application. Such appeal shall be filed, in writing, at the planning and community development department within five (5) working days after the recommendation of the commission is made. The matter shall then be placed on an agenda of the city council to be determined in accordance with the provisions of (b)(3) above.
(5) The city council, or any member, may request for information purposes that the department forward any application for their review. Such a request shall be made prior to the planning commission hearing, within the limits of the appeal period specified in (b)(4) above.
(c) City council.
(1) City council shall hold regularly scheduled public meetings/hearings to act upon items as required by this code. The council shall take the final action to approve, approve with conditions, or deny an application.
(2) If an appeal has been filed or a request of a council member is made in accordance with (b)(5) above, a public hearing before the council shall be held.
(3) Public meetings/hearings which involve such applications as rezones, special or conditional uses, subdivision plans or plats, plans for development in a planned development district, etc., are quasi-judicial in character. An action on an application/proposal, as required by this code, shall be based on applicable criteria, as set forth in this code, after consideration of evidence and/or testimony presented, including but not limited to the following:
a. Planning commission findings and recommendation.
b. Conformance with this code and adopted plans, standards and policies.
c. Planning staff recommendations.
d. City department or agency review comments.
e. Public comment (testimony) and any relevant evidence presented at a hearing.
f. Effects of the proposal on the neighborhood, area, and/or community at large.
(Ord. No. 1989-9, § 2, 4-4-89)
ARTICLE 3. PLANS AND POLICIES*
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*Cross reference(s)--Standards for required reports, studies and special plans, Ch. 27, § 10-10.
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Sec. 3-1. Planning for the City of Durango.
Sec. 3-2. Adopted general plans.
Sec. 3-1. Planning for the City of Durango.
3-1-1 Legislative mandates. Planning for the City of Durango is mandated by two (2) legislative sources: the Durango City Charter and Colorado Revised Statutes. The City Charter, adopted as amended on November 7, 1978, includes Article VIII, which focuses on "planning" and requires the adoption of a "comprehensive plan" by the city council. Once adopted, the comprehensive plan is to serve as a "guide for all future staff, planning commission, and city council action concerning land use and development regulations" and requires that "all proposed annexations shall be in compliance with the comprehensive plan."
The State of Colorado Revised Statutes mandate that the city planning commission shall prepare and adopt a "master plan for the physical development of the city, including any areas outside its boundaries, subject to the approval of the governing body having jurisdiction thereof, which in the commission's judgment bear relation to the planning of the city."
The statutes further mandate that the plan, with accompanying maps, charts, plats, and descriptive matter, shall show the commission's recommendations, including policies, for the development of such territory including, but not limited to:
(a) The general location, character, and extent of public ways, grounds, and open spaces.
(b) The general location and extent of public utilities and facilities.
(c) The removal, relocation, widening, narrowing, vacating, abandonment, change of use, or extension of any public ways, grounds, and open spaces or public utilities and facilities.
(d) A zoning plan for the control of the height, area, bulk, location, and use of the building and premises.
3-1-2 Purpose. The plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted, and harmonious development of the city and its environs which will, in accordance with present and future needs, best promote health, safety, morals, order, convenience, prosperity, and general welfare as well as efficiency and economy in the process of development, including among other things:
(a) Adequate provision for traffic.
(b) The promotion of safety from fire, flood waters, and other dangers.
(c) Adequate provision for light and air.
(d) The promotion of healthful and convenient distribution of population.
(e) The promotion of good civic design and arrangement.
(f) Wise and efficient expenditure of public finds.
(g) Adequate provision of public utilities and other public requirements.
Additional purposes are as set forth in the city's adopted comprehensive plan and supporting materials (see section 3-2, Adopted general plans).
3-1-3 Applicability. The city's adopted plans (see section 3-2) include goal and objective statements, and set policies and guidelines which assist the staff, planning commission, and city council in administering, reviewing, and evaluating development proposals within the City of Durango Planning Area.
Goals, objectives, policies, and guidelines are informational in nature and represent only one (1) of the many factors which may be considered in the decision-making process. The planning commission and city council shall make findings regarding the applicability of any goal, objective, policy, or guideline to any specific development situation.
Policy interpretation may be made by the staff, city manager, boards, planning commission, or city council and does not require public notice as defined in this code. However, in order to maintain consistency, interpretations shall be placed on record at an official meeting of the staff, board, commission or city council. The staff shall file all such interpretations for the record and future reference.
This code is written to reflect the intents and purposes of the adopted plans and to further the implementation of the goals, objectives, policies, and guidelines as set forth in the adopted plans. The department shall assist developers, citizens and/or the planning commission, city council, or other city boards in the application of any plan, or part thereof, or policy.
3-1-4 Procedures for adoption of the plan and plan elements, and amendments to the plan.
(a) Purpose: The purpose of this section is to set forth requirements and procedures for the adoption of the comprehensive plan or plan elements or for amendments to the text of the adopted City of Durango comprehensive plan, the boundaries of the plan area, or the land use classifications reflected on the plan's future land use map. Any and all adoption actions or amendments to the text, map or boundaries of the plan must be processed in accordance with this section.
(b) Applicability: The city planning commission and city council may adopt a plan as a whole by a single resolution or may, by successive resolutions, adopt successive parts of a plan. Such parts may correspond with major geographical sections or divisions of the city or with functional subdivisions of the subject matter of a plan. The commission and council may also adopt any text, map, or boundary extension amendments to a plan.
(c) Initiation:
(1) Amendment to the plan map. An amendment to the adopted plan's future land use map may be proposed by the council, the planning commission, the department, or the owners of the property proposed for change.
(2) Amendment to the plan text. An amendment to the text of the adopted plan may be proposed by the council, the planning commission, the department, any resident of the city, or any owner or person having an interest in land located within urbanizing area boundaries of the city.
(3) Amendment to the plan boundaries. An amendment to the boundaries of the city's urbanizing area or future urban area plan boundaries may be proposed by the council, the planning commission, the department, or by the owners of property who desire to have the city's plan boundaries extended to their property for the purposes of inclusion therein.
(d) Plan adoption procedures:
(1) Commission action.
a. Before the adoption of a plan or element, the commission shall hold at least one (1) public hearing thereon, notice of the time and place of which shall be given by one (1) publication in a newspaper of general circulation.
b. Following the public hearing, the commission shall consider any comments received at the hearing. The commission may adopt the plan, or any part, as proposed or as modified by the commission.
c. The adoption of a plan or any major element thereof shall be by resolution of the commission by the affirmative votes of not less than a majority of the entire membership of the commission.
d. The resolution shall refer expressly to the maps and descriptive or other matter intended by the commission to form the whole or part of the plan.
e. The commission shall communicate, by resolution, the reason for its actions to the city council.
(2) Council action.
a. Upon receipt of the planning commission resolution, the city council shall hold at least one (1) public hearing thereon, notice of the time and place of which shall be given by one (1) publication in a newspaper of general circulation.
b. Following the public hearing, the city council shall consider any comment, and shall approve or deny adoption of the plan by a resolution of the council by an affirmative vote of the majority of its membership.
c. If the city council does not accept the planning commission's recommendation, the city council shall either remand the matter to the planning commission or state its findings for not accepting the planning commission's recommendation.
(e) Plan amendment procedures:
(1) [Pre-application conference.] Pre-application conference with staff must occur prior to the submittal of an application.
(2) Submittal requirements. Any and all applications for plan amendments must include the following:
a. A completed plan amendment application form.
b. An amendment review fee per current city fee schedules.
c. For text amendments: A written narrative which describes the proposed amendment and addresses why the amendment is being requested.
d. For map and boundary changes:
(i) Legal descriptions and assessor's parcel numbers for all parcels or lots proposed to be included in boundary or map amendments;
(ii) A location map at a 1:500 scale with boundaries of the proposed map amendment highlighted;
(iii) A map of the area proposed for change in classification showing roads, rights-of-way, drainage courses, major landscape features, easements of record, floodplain where mapped, and contours with twenty (20) foot intervals;
(iv) Names and addresses of all property owners within three hundred (300) feet of the perimeter of the property to be included in the amendment or boundary extension;
(v) Evidence of title;
(vi) Evidence that property owners within three hundred (300) feet of the parcel proposed for change have had the opportunity for comment at a neighborhood meeting prior to planning commission consideration of the proposed map change or boundary extension; the time, date and location of the neighborhood meeting must be approved by the administrator;
(vii)A written narrative which addresses the following issues:
(a) A description of the proposed amendment, including why the amendment is being requested;
(b) The existing land use(s) of the area proposed for amendment, the number of acres, the existing future land use classification, and the proposed land use;
(c) The anticipated public benefit of the proposal;
(d) Surrounding land uses;
(e) Availability of utilities;
(f) Site access and traffic patterns;
(g) Effects of proposed future land use amendment or boundary amendment on public facilities and rights-of-way;
(h) How the request meets the applicable review criteria set forth in subsection (f) below; and
(i) Any other items deemed necessary by the department to provide a complete review of the amendment (e.g. traffic studies, wildlife studies, financial feasibility reports, etc.).
(3) Determination of completeness. Within ten (10) business days of written submission of an application for amendment along with required exhibits, the department shall review the comprehensive plan amendment application and determine if the application is complete pursuant to this section. The applicant shall provide all outstanding submittal information to make the application complete prior to the department scheduling the item for initial planning commission review. The planning commission's public hearing shall be scheduled on the next special meeting of the planning commission which considers comprehensive plan amendments, provided the staff has had a minimum of sixty (60) days for review. The special planning commission meetings will be held three (3) times a year, normally on the second Monday of February, June and October.
(4) Amendment review procedures.
a. Before the adoption of any amendment, the commission and council shall each hold at least one (1) public hearing thereon, notice of the time and place of which shall be given by one (1) publication in a newspaper of general circulation.
b. Following the public hearing, the commission shall consider any comments received at the hearing, and decide on the amendment as proposed or as modified by the commission.
c. The adoption of any amendment shall be by a vote of the commission with affirmation of not less than a majority of the entire membership of the commission.
d. Upon receipt of the planning commission's favorable recommendation, or if an appeal is filed, the city council shall hold at least one (1) public hearing thereon, notice of the time and place of which shall be given by one (1) publication in a newspaper of general circulation.
e. Following the public hearing, the city council shall consider any comments, and shall approve or deny the amendment as proposed or modified by an affirmative vote of the majority of its membership.
f. If the city council does not accept the planning commission's recommendation, the city council shall either remand the matter to the planning commission or state its findings for not accepting the planning commission's recommendation.
(f) Criteria for review of amendments: In determining whether the proposed amendment shall be approved, the commission and council shall consider the following factors:
(1) Text amendments. Sufficient evidence has been provided that the text amendment meets the following criteria:
a. Does the proposed text amendment further the goals, objectives, and policies of the comprehensive plan?;
b. Does the proposed text amendment advance a legitimate public need?; and
c. Is the proposed text amendment warranted by changing conditions or a currently unaddressed need?
(2) Map amendments. Sufficient evidence has been provided that the future land use map amendment meets the following criteria:
a. Is the proposed map amendment compatible with existing or planned land uses on adjacent properties?;
b. Are adequate public utilities, facilities, and/or services available to serve the development for the type and scope suggested by the proposed amendment? If adequate public utilities, facilities and/or services are not available, could they be extended in a cost-effective and efficient manner?;
c. Is the proposed map amendment warranted by changing conditions in the area, or does it correct an error in fact concerning the property's future land use classification at the time of the original plan adoption?;
d. Does the map amendment meet a currently unaddressed need?
e. If the map amendment is approved, will there be an adequate supply of land permitted in the category being changed?
(3) Boundary adjustments. Sufficient evidence has been provided that the boundary adjustment meets the following criteria:
a. Does the proposed boundary adjustment provide for a logical and desirable extension of the city's urbanizing or future urbanizing area?;
b. Have events subsequent to the comprehensive plan adoption changed the character and/or conditions of the area so as to make the application acceptable?;
c. Is the proposed boundary adjustment compatible with and supported by the city and/or county plans concerning the proposed land use?; and
d. Are adequate urban public facilities, utilities, and/or services available to serve the development for the type and scope suggested by the proposed amendment? If urban public facilities, utilities, and/or services are not available, could they be extended in a cost effective manner?
(Ord. No. 1889-9, § 2, 4-4-89; Ord. No. 1997-32, § 1, 11-18-97; Ord. No. 1998-22, § 1, 8-18-98; Ord. No. 1999-15, § 1, 8-17-99)
Sec. 3-2. Adopted general plans.
To date, the city planning commission and city council have adopted the following plans which are available, under separate cover, at the department.
3-2-1 City of Durango Comprehensive Plan.
(a) The operative comprehensive plan document as of the date of this code is the 1985 City of Durango Comprehensive Plan. The plan, as adopted and as subsequently amended, consists of the following:
(1) The base document entitled "City of Durango Comprehensive Plan."
(2) Part I Appendix: "Planning Sub-areas, Analysis and Recommendations."
(3) Part II Appendix: "Infrastructure and Facilities Planning."
(4) The Storm Drainage Participation Policy, previously adopted by city council on February 7, 1984.
(5) The Parks, Recreation, and Open Space Element of 1985, prepared by the City of Durango.
(6) Design Guidelines for Downtown Review Districts, previously adopted by city council.
(7) Master Plan Report on Sanitary Sewer System, Black & Veatch, 1982.
(8) Master Plan Report of Water Supply and Treated Water Facilities, Black & Veatch, 1981.
(9) The Street Classification System Map, prepared by the City of Durango, dated April, 1985.
(10) The Mercy/St. Columba Neighborhood Plan, previously adopted by city council.
(11) Storm Sewer Plan Map of 1982, Culp/Wesner/Culp.
(12) The Boulevard Neighborhood Plan.
(13) The North College Mesa Precise Plan.
(14) The Old Durango Residential Sub-area Plan, as amended.
(15) The Junction Creek Area Land Use Plan.
(16) Animas River Corridor Plan.
(b) The following documents have been used in the development of specific sections of the plan, and their essential elements are included in the plan, but they, in their totality, are not adopted:
(1) Durango Master Road and Traffic Plan, (JHK, Black & Veatch, Whitson Assoc.) 1984.
(2) Urban Storm Drainage Master Plan, Culp/Wesner/Culp, 1982.
(3) Part III Appendix: "Background--Historic Data," 1985 Comprehensive Plan Draft 3.
(4) Part IV Appendix: "Technical Data," 1985 Comprehensive Plan Draft 3.
(Ord. No. 1989-9, § 2, 4-4-89; Ord. No. 1995-23, § 2, 10-17-95)