ARTICLE 6. PLANNED DEVELOPMENT (PD) ZONE DISTRICTS*
*Cross reference(s)--Zoning districts and zoning map, Ch. 27, Art. 4; planned development zone generally, Ch. 27, § 4-1-7; overlay zones, Ch. 27, Art. 5; general development and performance standards, Ch. 27, § 10-1; sign provisions, standards and procedures, Ch. 27, § 10-3; design standards and development requirements, Ch. 27, § 10-5; appeals, waivers, and variances, Ch. 27, Art. 12.
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Sec. 6-1. General.
Sec. 6-2. Types of Planned Districts and uses allowed.
Sec. 6-3. General provisions.
Sec. 6-4. Site planning and design requirements.
Sec. 6-5. Application filing and processing.
Sec. 6-1. General.
6-1-1 Purpose. In order that public health, safety, integrity, and general welfare may be furthered in an era of increasing urbanization and growth demand for housing of all types and design, the Planned Development Zone District is established to provide project variety and diversity through the modification of conventional zoning, as set forth in Article 4, so that maximum long-range neighborhood and community benefits can be gained for the following purposes:
(a) To encourage innovations in residential, commercial, recreational, and industrial development and renewal so that the growing demands of the population may be met by greater variety in type, design and layout of buildings and by the conservation and more efficient use of open space ancillary to the development.
(b) To provide a procedure which can relate the type, design, and layout of residential, commercial, recreational, and industrial development to the particular site, thereby encouraging preservation of the site's natural characteristics.
(c) To encourage a more efficient use of land and of public or private services, and to reflect changes in the technology of land development and service delivery so that there are resulting public and private economic savings.
(d) To provide for necessary commercial, recreational, and educational facilities conveniently located to residential uses.
(e) To provide for well-located, clean, safe, and pleasant industrial sites.
(f) To lessen the burden of traffic on streets and highways.
(g) To conserve the value of land.
(h) To allow flexibility in the application of conventional zoning requirements, as set forth in Article 4, regarding dimensions, density, development/performance, and open space, while ensuring that such flexibility will not be used in a manner which distorts the objectives of this code.
(i) To encourage integrated planning in order to achieve the above purposes.
(j) Planned development proposals are encouraged in order to allow and to foster:
(1) A greater diversity of living environments by allowing a variety of housing types and residential densities, and a mixture of uses.
(2) More useful, convenient location of open space and recreation areas for residents and, if permitted as part of the project, more convenience in the location of accessory commercial and industrial uses.
(3) Development complexes which are harmonious, interrelated combinations of compatible uses.
(4) A development pattern which preserves and utilizes natural topographic and geologic features; scenic vistas; historic, archaeological and natural resources; and avoids the disruption of natural drainage patterns or hazard areas.
(5) Socially desirable objectives to meet community needs for various types of land, housing, commercial, recreational and/or resource uses not otherwise feasible under conventional zoning.
(Ord. No. 1989-9, § 2, 4-4-89)
Sec. 6-2. Types of Planned Districts and uses allowed.
6-2-1 PR, Planned Residential District.
(a) Permitted uses: The following uses may be permitted within a PR District at the discretion of the city council, upon recommendation of the planning commission:
(1) Single-family, two-family, and multifamily dwellings and accessory uses.
(2) Business and commercial areas subordinate to the residential uses, oriented to serve the residents of the PD and the immediate neighborhood rather than the larger community, and suitably designed and landscaped in a manner which will protect adjoining residential uses. All specific standards pertinent to a Planned Trade Development in section 6-4-6 shall apply to these uses.
(3) Public facilities such as, but not limited to, schools, recreational facilities, hospitals, churches, cultural buildings, structures essential to providing the public with electric power, gas, water, sanitary sewer, etc.
(4) Other uses compatible with the purposes of the PR District which are not objectionable because of traffic generation, emission of dust, odor, fumes, vapor, smoke, noise, light, refuse matter, or vibration.
6-2-2 PMH, Planned Mobile Home District.
(a) Permitted uses: The following uses may be permitted within a PMH District at the discretion of the city council, upon recommendation of the planning commission.
(1) Mobile home parks and mobile home subdivisions.
a. Areas of expansion or modifications of items such as roads or improvements for existing mobile home parks and subdivisions shall be in accordance with the provisions and procedures of this article.
(2) Indoor and outdoor recreational facilities.
(3) Laundry facilities, maintenance building and/or facilities.
(4) Security guard shelters at entrances.
(5) Boat and recreational vehicle storage, including washing areas.
(6) Recreation center parking lots and guest parking areas.
(7) Covered parking, carports, patio awnings and detached individual unit storage buildings.
(8) Directional and informational identification sign(s) in accordance with sign code regulations (see section 10-3).
(9) Temporary construction buildings and yards necessary during the actual development of the park.
(b) Minimum development standards: All PMH developments shall comply with the following minimum standards:
(1) Minimum park size: Five (5) acres.
(2) Minimum mobile home space: Four thousand (4,000) square feet except six thousand (6,000) square feet for spaces on which doublewide mobile homes are to be allowed. Minimum space width shall be at least forty (40) feet.
(3) Setbacks:
a. There shall be a minimum setback of twenty-five (25) feet from any portion of a mobile home (including accessory structures) to any exterior boundary.
b. There shall be a minimum setback of ten (10) feet from any portion of a mobile home (including appurtenant structures) to any mobile home space boundary.
(4) A masonry wall, six (6) feet in height, with a ten-foot landscaped strip shall be along all exterior property lines abutting public streets.
a. The masonry wall shall be set back a minimum of ten (10) feet from the property line and the required landscaped strip installed between the wall and property line.
b. The developer/owner shall maintain all landscaping between the wall and the street.
c. Additional masonry walls and/or landscaped strips along other exterior property lines may be required to ensure compatibility between the resort and adjacent land uses.
(5) Access to all mobile home spaces shall be from interior private streets. There shall be no public streets within a PMH development except if required and/or determined necessary by the city.
(6) Interior roadways shall be to city private street standards, having a minimum paved travel surface width of twenty-five (25) feet.
(7) Sidewalks shall be installed within the development to provide for safe pedestrian access and circulation. Sidewalks shall be a minimum of four (4) feet wide; shall be concrete and may be adjacent to streets, and/or between internal/external uses/areas. Sidewalks required for any public streets shall meet city street standards.
(8) All interior roads and walkways shall be well-lighted for safe movement of vehicles and pedestrians at night.
(9) Parking: Two (2) parking spaces within each mobile home space plus common parking area for visitors to be provided at a ratio of one (1) space for every two (2) mobile home spaces.
(10) Adequate areas for snow storage throughout the development shall be provided.
(11) Refuse disposal:
a. Type of containers: Flytight, watertight and rodentproof.
b. There shall be common refuse collection points adequate to serve all mobile home units.
c. Visually opaque screening fences or walls surrounding three (3) sides of all canister-type refuse collection facilities.
(12) All utilities shall be underground.
(13) Detached storage buildings not exceeding one hundred (100) square feet in area are permitted on each mobile home space. All storage buildings shall be located in the rear one-half of the space. No setbacks are required.
(14) All patio awnings, covered parking, or carports shall be regulated by the Uniform Building Code and in accordance with Article 7 and the definitions of this code.
(15) Open space:
a. Ten (10) percent of the total gross acreage of the park shall be provided as maintained, usable open space. (The area allocated shall not include roadways, storage areas, mobile home spaces, parking and similar features.)
b. Forty (40) percent of the required open space shall be provided as contiguous developed recreation space.
(16) Common storage areas:
a. A common storage area for the use of the mobile home park residents shall be provided. A minimum of one hundred (100) square feet of common storage area per mobile home space shall be provided. The area shall be paved and fenced.
b. Recreational vehicles (not for occupancy in the park), boats, and similar vehicles are to be parked in this area.
(17) Skirting: All mobile homes shall be skirted.
(18) The owner(s) of the mobile home park shall provide for a management staff to handle the daily enforcement and property management for the owner(s). The owner(s) shall be responsible to ensure that the mobile home park is consistently in compliance with all requirements of this code.
(19) Planned mobile home developments which are subdivided for individual lot ownership shall meet the applicable requirements of Article 7 (Subdivision of land) of this code, and applicable development standards of Article 10 (General performance standards).
(20) All PMH subdivisions shall be required to have a property owner's association with a board of directors who shall administer and enforce the required covenants, conditions and restrictions. The board of directors shall provide for management staff to handle the daily enforcement and property management for the association. The board of directors shall be responsible to ensure that the PMH subdivision is consistently in compliance with all requirements of this code.
6-2-3 PT, Planned Trade District.
(a) Zone districts: Unlike a neighborhood business and/or commercial center within a PR or PMH, these zones are intended to serve a larger community rather than a single specific neighborhood. Planned trade developments may be one (1) of three (3) districts:
(1) PB, Planned Business District.
(2) PC, Planned Commercial District.
(3) PI, Planned Industrial District.
(b) Permitted uses: Uses which may be permitted within these districts are those set forth in the respective business,commercial, and industrial zone districts set forth in Article 4 (see sections 4-3-11 through 4-3-15), except as specifically denied by the city council, upon recommendation of the planning commission, and any other permitted use in accordance with (2) below.
(1) Those uses denied shall be those found to be:
a. Inconsistent with the purposes of this article (see section 6-1-1).
b. Incompatible with those uses permitted and/or proposed within the development, or permitted/existing uses adjacent to the development.
c. Inconsistent with the intended character of the development, as proposed for the area.
(2) A mix of residential, business, commercial, and industrial uses shall be evaluated in accordance with criteria set forth in section 4-8-1 and may be permitted at the discretion of the city council, upon recommendation of the planning commission.
6-2-4 PREC, Planned Recreation District.
(a) Permitted uses: The following uses may be permitted at the discretion of the city council upon recommendation of the planning commission.
(1) Primary recreational uses: Those uses, facilities, and/or structures directly related to the use of a specific recreational resource or opportunity.
(2) Secondary recreational uses: Those uses, facilities, and/or structures not vital to the use of a recreational resource, but justified by their support of the recreational resource itself and the primary recreational uses, or user, such as, but not limited to:
a. Lodges, inns, guest houses, cabins, dormitories, condominiums, single-family homes.
b. Child care facilities, personal service shops and facilities, and medical or dental clinics.
c. Retail sales and service, facilities serving food and beverages, offices, service stations (including the sale of petroleum products and minor or emergency repairs and servicing of motor vehicles).
d. Museums, conference center, meeting rooms, assembly halls or auditoriums, religious facilities, indoor theaters, athletic facilities, spas, horse stables and riding facilities.
e. Adequate consideration shall be given to the need for housing the employees generated by any of the above uses.
(3) Ancillary uses: Facilities and/or structures to house and provide for necessary public services, such as police, fire, library, schools, post office, utility and transportation systems.
(b) Business uses shall logically serve the recreational users of the resource and the development.
(c) The city council may, upon recommendation of the planning commission, allow whatever residential density (see section 6-5-2(c)) or use intensity it deems justifiable in relation to the recreational resource, the primary recreational development, the purpose as set forth in section 6-1, submitted data, and review comments.
(d) The planning commission and the city council shall evaluate the proposed development in relation to the specific recreational resources. In no case shall the proposed development, particularly the secondary recreational uses, degrade or adversely affect the recreational resource or its future development.
(e) The planning commission and the city council shall also take into consideration the distance of "walking radius" for pedestrians on the site, and whether the PREC should be served by public or private roads, and/or provide a transportation service.
(f) Each application to establish a PREC District shall be accompanied by a recreational development plan consisting of both a short-term plan, specifying the development planned for a subsequent three (3) years and a long-term plan describing, in general terms, the logical maximum development ultimately anticipated within the proposed district. The recreational development plan shall further specifically make a distinction between primary and secondary recreational uses.
6-2-5 PRVR, Planned Recreational Vehicle Resort District. The purpose of this district is to provide for the development of recreational vehicle resorts where recreational vehicles are used for temporary residential purposes in conjunction with recreational and social centers designed to serve the occupants of the resort.
The intent of this district is to encourage development of a unified project with adequate open space provisions, to create a residential character for the area, and to prohibit uses that are incompatible with surrounding areas and developments. PRVR's may be developed with rental or lease spaces (see section 6-2-5(c)) or as a subdivision providing individual lot ownership (see 6-2-5(d)) or a combination of both.
(a) Permitted uses: The following uses may be permitted at the discretion of the city council, after consideration of the planning commission recommendation.
(1) Recreational vehicles, with one (1) recreational vehicle permitted on each approved space or lot. No dwelling units of conventional construction or manufactured housing, except a manager's office and residence, shall be permitted in a PRVR District.
(2) Recreational and social centers, which may be used for dancing, crafts, hobbies, games, child care, meetings, banquets, theatrical performances, movie viewing and similar entertainment uses for the use of the residents within the park.
(3) Outdoor recreational facilities, such as parks, trails, swimming pools, playgrounds and equipment, shuffleboard, racquetball, and tennis courts, putting greens and similar recreational uses.
(4) Laundry facilities, maintenance building and/or facilities.
(5) Security guard shelters at park entrances.
(6) Boat and accessory recreational vehicle storage, including washing areas.
(7) Recreation center parking lots and guest parking areas.
(8) Covered parking, carports, patio awnings and detached individual unit storage buildings.
(9) Directional and informational signs within the PRVR and identification sign(s) in accordance with sign code regulations (see section 10-3).
(10) Temporary construction buildings and yards necessary during the actual development of the park.
(b) Minimum development standards: All PRVR's shall comply with the following minimum standards in addition to the standards in section 6-2-5(c) or 6-2-5(d), as appropriate.
(1) There shall be a minimum setback of ten (10) feet from any portion of a recreational vehicle or related awnings to any exterior resort boundary.
(2) A masonry wall, six (6) feet in height, with a ten-foot landscaped strip shall be along all exterior resort property lines abutting public streets.
a. The masonry wall shall be set back a minimum of ten (10) feet from the property line and the required landscaped strip installed between the wall and property line.
b. The developer/owner shall maintain all landscaping between the wall and the street.
c. Additional masonry walls and/or landscaped strips along other exterior property lines may be required to ensure compatibility between the resort and adjacent land uses.
(3) Access to all recreational vehicle spaces shall be from interior private streets of the resort. There shall be no public streets within a PRVR, except if required and/or determined necessary by the city. There shall be no individual access to any recreational vehicle space from any public right-of-way. Curbs may be required to channel drainage.
(4) Sidewalks shall be installed within the resort to provide for safe pedestrian access and circulation. Sidewalks shall be a minimum of two (2) feet wide; shall be concrete or asphalt; and may be adjacent to streets, and/or between internal/external uses/areas. Sidewalks required for any public streets shall meet city street standards.
(5) A minimum of one (1) automobile parking space for each recreational vehicle space.
(6) Visually opaque screening fences or walls surrounding three (3) sides of all canister-type refuse collection facilities.
(7) Detached storage buildings not exceeding one hundred (100) square feet in area are permitted on each recreational vehicle space. All storage buildings shall be located in the rear one-half of the space. No setbacks are required.
(8) All patio awnings, covered parking, or carports shall be regulated by the Uniform Building Code and in accordance with Article 7 and the definitions of this code.
(c) Development standards for PRVR's containing unsubdivided rental or lease spaces shall be:
(1) A maximum density of twenty-two (22) recreational vehicle spaces per net acre (after deduction of existing and/or proposed public rights-of-way).
(2) At least one thousand two hundred (1,200) square feet per recreational vehicle space.
a. Minimum space width shall be at least twenty-eight (28) feet.
b. Minimum space depth shall be at least forty (40) feet.
(3) Minimum setbacks of:
a. Five (5) feet from any portion of the recreational vehicle, other than the trailer tongue, to the front space line.
b. Three (3) feet from any portion of the recreational vehicle, or attached/ detached canopy, carport, or awning, to any side or rear space line.
(4) A minimum of seventy-five (75) square feet per each recreational vehicle space for common open space. This space(s) is to be used for recreational uses and/or facilities. Public or private streets, vehicle storage areas and exterior boundary landscaping areas shall not be a credit when calculating required recreational open space.
(5) A minimum of twenty-five (25) feet in width, from edge of pavement to edge of pavement (not including any abutting sidewalks) for private streets. Streets shall be designed by a registered professional engineer and subject to approval by the city engineer.
(6) Provide adequate areas for snow storage throughout the PRVR.
(7) The owner(s) of PRVR's shall provide for a management staff to handle the daily enforcement and property management for the owner(s). The owner(s) shall be responsible to ensure that the is consistently in compliance with all requirements of this code.
(d) PRVR's which are subdivided for individual lot ownership shall meet the applicable requirements of Article 7 (Subdivision of land) of this code, and the development standards for these projects shall be:
(1) A maximum density of fifteen (15) recreational vehicle lots per net acre (after deduction of existing and/or proposed public rights-of-way).
(2) At least one thousand seven hundred fifty (1,750) square feet in area per recreational vehicle lot. The average lot size within the subdivision shall be at least two thousand (2,000) square feet in area.
a. Minimum lot width shall be at least thirty-five (35) feet.
b. Minimum lot depth shall be at least fifty (50) feet.
(3) A minimum setback of:
a. Seven (7) feet from any portion of the recreational vehicle, other than the trailer tongue, to the front lot line.
b. Five (5) feet from any portion of the recreational vehicle, or attached/detached canopy, carport or awning, to any side or rear lot line.
(4) A minimum of one hundred fifty (150) square feet per each recreational vehicle lot for common open space, to be used for recreational uses and/or facilities. Public or private streets, vehicle storage areas and exterior boundary landscaping areas shall not be a credit when calculating recreational open space.
a. A minimum of five (5) percent total square footage of the required recreational open space shall be enclosed within a recreation hall or building.
(5) A minimum of twenty-eight (28) feet in width, from edge of pavement to edge of pavement (not including any abutting sidewalks) for private streets. Streets shall be designed by a registered professional engineer and approved by the city engineer.
(6) A minimum of one (1) parking space for each recreational vehicle lot, and one (1) visitor parking space per each ten (10) recreational vehicle lots.
(7) Provide adequate areas for snow storage throughout the resort.
(8) All PRVR subdivisions shall be required to have a property owner's association with a board of directors who shall administer and enforce the required covenants, conditions and restrictions. The board of directors shall provide for management staff to handle the daily enforcement and property management for the association. The board of directors shall be responsible to ensure that the PRVR subdivision is consistently in compliance with all requirements of this code.
(e) Where a PRVR has facilities serving both subdivided lots and rental or lease spaces, the higher, or more restrictive, standards of (c) or (d) above shall apply.
6-2-6 PRC, Planned Recreational Campground. The purpose of this district is to provide for the development of campgrounds and recreational vehicle parks intended to provide the traveling public with temporary, short-term, accommodations for recreational vehicles and camper units including motor homes, travel trailers, truck campers and tents.
The intent of this district is to encourage development of unified projects with facilities to provide for the needs of the users, but without the extensive residential character required in a PRVR District.
(a) Permitted uses: The following uses may be permitted at the discretion of the city council, after consideration of the planning commission recommendation.
(1) Recreational vehicles, with one (1) recreational vehicle permitted on each approved space. No dwelling units of conventional construction or manufactured housing, except one (1) manager's office/residence, shall be permitted in a PRVR [PRC] District.
(2) Tents.
(3) Recreational and social centers, which may be used for dancing, crafts, hobbies, games, child care, meetings, banquets, theatrical performances, movie viewing and similar entertainment uses for the occupants of the park.
(4) Swimming pools, tennis courts and similar recreational uses, when established as an integral part of the recreational vehicle park and intended for the use and benefit of the residents of such parks.
(5) Convenience-type retail sales and services, such as small grocery stands, coin-operated laundries, food and drink dispensing machines, which are located within the recreational vehicle park and intended solely for the use and benefit of the occupants of the park.
(b) Criteria for review: A recreational vehicle park or campground may be established on any tract of land held in single ownership or unified control, provided that the proponent shall show, and the planning commission and the city council shall (in addition to section 6-5-2(b)) find:
(1) That a need exists for the proposed recreational vehicle park/campground.
(2) That the site is in conformance with sound planning principles and the land use plan for that area.
(3) That the site shall not be exposed to objectionable smoke,noise, odor or other adverse influences.
(4) That the site has an acceptable relationship to the major traffic thoroughfare plan and that the site is accessible to recreational vehicles without causing disruption to residential streets.
(5) That the proposed recreational vehicle park will not overload utility and drainage facilities.
(c) Minimum standards: All PRC's shall comply with the standards of section 10-5-14.
(Ord. No. 1989-9, § 2, 4-4-89)
Sec. 6-3. General provisions.
6-3-1 Contractual agreement. A planned development ("PD") approval constitutes a rezoning and an agreement between the city and the owner(s) of the PD property for the development of the property in accordance with specific conditions. These conditions of approval shall be filed at the department, and recorded at the office of the county clerk after each phase (if there is more than one (1)) of the review process and approval.
(a) A homeowners or property owners association shall be required for all PD's that are planned for more than one (1) ownership within the PD (see section 6-5-4(c), Homeowners/property owners associations).
(b) The use of the parcel, and the construction, modification or alteration of any use or structures within a PD project shall be governed by the PD approval and related conditions, if any.
(c) The applicant/owner, any subsequent buyers, as well as entities created by the developer such as a homeowners or property owners association or an architectural review committee, are subject to the conditions of approval and terms of all recorded documents.
(d) A seller of property within a PD plan/plat approval, shall apprise any buyer of the status, terms and conditions of a PD approval; the city bears no responsibility for any misrepresentation of an approval.
(e) The conditions of approval required by the city shall also be set forth within covenants to be recorded with the final approved plan and/or plat.
6-3-2 Transfer of ownership. In the event of a subsequent transfer of ownership of any property within a planned development district, it shall be the responsibility of the seller to inform the buyer of the property's exact status with respect to the planned development process and all conditions of approval.
6-3-3 Subdivision requirements for planned development districts. It is the intent of this article that subdivision requirements and the review processes, in accordance with Article 7 (Subdivision of land), will be carried out simultaneously with a PD application process.
(a) The development plans submitted under section 6-5 shall meet the requirements of that section, and the requirements of Article 7 (Subdivision of land) for preliminary plans (see section 7-4) and final plats (see section 7-5), except:
(1) If a PD is proposed in an existing subdivision and no changes are proposed in existing lot boundaries, public rights-of-way or easements, and the proposed development will not require further subdivision of the original subdivision lot, no final plat shall be required.
6-3-4 District requirements.
(a) Zone district requirements, as set forth in section 4-3, regarding dimensional, density, performance/development standards, or limitations shall not apply in PD Districts.
(b) The city council, upon recommendation of the planning commission, may exceed the requirements of similar zone districts (as set forth in Article 4) within a PD District if it deems it necessary, or desirable, in order to be consistent with the purposes (see section 6-1-1) of a PD Zone district or other sections of this article or code.
(c) In no case shall the requirements of the building and fire codes be waived or varied as a part of the approval process of a PD.
(Ord. No. 1989-9, § 2, 4-4-89)
6-3-5 Short PD process. The short PD process is intended for infill development (i.e., land where public utilities and thoroughfares already exist or are in close proximity) or small sites less than five (5) acres in size that have site constraints such as shape, terrain, geology or accessibility that make developing under conventional zoning regulations too difficult. The procedures for a short PD process are as follows:
(a) The applicant requests that the proposed PD zone be processed under the short PD process.
(b) Staff reviews the request and determines that the proposal meets the criteria. If staff finds that the proposal does not meet the criteria or determines that the site has significant development constraints, the proposal can be required to include a conceptual development plan.
(c) The applicant submits a preliminary development plan incorporating the submittal requirements of section 4-4-3 (Rezone) in addition to the requirements of section 6-5-3(c).
(d) Criteria for review, recommendation and approval. In addition to meeting the general requirements in section 6-1, the short PD process will incorporate the criteria in section 4-4-4 (Rezone).
(Ord. No. 1993-18, § 1, 9-21-93)
Sec. 6-4. Site planning and design requirements.
In addition to all applicable requirements as set forth in Article 10 (General regulations), the following shall apply to all planned development districts:
6-4-1 Site characteristics.
(a) Buildings and proposed site improvements, including their scale, character and orientation, will be reviewed for compatibility with existing and potential (if vacant) adjacent uses.
(b) When designing a proposed PD, the following should be considered in order to achieve maximum efficiency:
(1) Linear footage of utility lines.
(2) Linear footage and width of streets.
(3) Energy efficiency.
(4) Water conservation.
(5) Solar energy uses.
(6) Economical project servicing and maintenance (police, fire, postal, refuse removal, streets, etc.).
(7) Alternate modes of transportation (school buses, bicycles, public transportation, etc.).
(8) Commuting distances.
(c) Land which is unsuitable for development because of potential hazards such as flooding, landslides, excessive slopes, rockfall, subsidence, avalanches, high water table, or if developed, may be detrimental to the health, safety, or general welfare of existing or future residents, shall not be developed unless the hazards are eliminated or mitigated by approved design and construction plans.
Consideration shall also be given to preservation of areas of significant cultural, historical, archaeological or natural amenity. Those areas determined to be undevelopable shall be preserved in their natural state.
6-4-2 Circulation. Circulation design in the form of streets, roads, pedestrian walks, trails, bicycle ways, parking and service areas shall be as follows:
(a) Every principal structure shall have safe and convenient access to a public street or road, including provisions for access by service and emergency vehicles. Private access may be allowed only where the need for public access is not reasonably anticipated, and it shall have an easement of record for access by emergency and service vehicles.
(b) Vehicular, pedestrian and cyclist circulation shall be designed to allow smooth traffic flow with controlled turning movements and minimum hazard to vehicular, pedestrian and cyclist traffic.
(1) Streets shall be laid out to discourage outside traffic from traversing minor streets or paths.
(2) Consideration shall be given to the location of walkways to be used by substantial numbers of children as play areas, or as routes to school, to minimize contact with normal vehicular traffic.
(c) Streets shall not create unnecessary fragmentation of the PD into small blocks. In general, block size shall be the maximum consistent with use, shape of the site, and the convenience of the occupants. The design of the streets shall accommodate the anticipated level of use.
6-4-3 Landscaping. The appeal and character of the site shall be preserved and enhanced by retaining and protecting existing trees and other site features. Additional new plant material shall be added for privacy, shade, beauty of buildings and grounds, and to screen obtrusive or objectionable features.
(a) Existing vegetation: Existing trees, shrubs and groundcover shall be retained to the extent that they enhance the project, are effective as a screen planting, and are useful in protecting slopes.
(b) Selection and arrangement of new plant materials:
(1) Selected plant material shall be in scale with the composition of the buildings, the site, and its various uses and surroundings. It shall be selected and arranged to harmonize in size, color, texture and year-round characteristics with the buildings and the development of the grounds.
(2) Plant material shall be indigenous to this area, or readily adaptable to the climate and soil conditions. It shall not be excessively weedy in habit or growth characteristics, or unduly subject to noxious pests or plant diseases which would seriously impair its function or permanence or greatly increase maintenance costs.
(3) Plant material which might be injurious to local plants by serving as an intermediate host to pest or plant diseases, is specifically prohibited. Plant material to be installed shall be true to name in accordance with the current issue of "Standardized Plant Names" published by the American Joint Committee on Horticultural Nomenclature and the "City of Durango Tree and Shrub Guide."
(c) Lawn areas which are integral to the use and appearance of a project shall be covered with a thick stand of permanent groundcover.
(d) Landscaping shall be watered, replanted and maintained as necessary to preserve the intent of the approved landscape plan.
6-4-4 Screening. Site planning for a PD shall provide for the protection of the development from potentially adverse surrounding influences, and shall also provide protection for surrounding areas from potentially adverse influences within the development.
(a) Fence, wall and/or vegetative screening shall be provided where needed to protect the PD occupants from undesirable views, lighting, noise, or off-site influences, or to protect occupants in adjacent areas from similar adverse influences from within the PD. In either case, screening shall be designed to control the existing or potential adverse views from existing or potential first floor windows in the PD or adjoining structures.
(b) Bulk parking areas and service areas in particular shall be screened.
(c) Screening requirements may be waived where terrain makes protection against overview impracticable.
6-4-5 Open space.
(a) Landscaped areas, recreational areas, and those areas retained in natural or quasi-natural condition shall together constitute open space. Open space may also serve to preserve or provide visual separation or buffers between varying uses. Wherever desirable, open space areas shall be integrated with each other and linked by trails, drives and/or pedestrian walkways rather than existing as isolated unrelated fragments.
(b) Open space areas and facilities shall be deeded to the homeowners or property owners association(s) or dedicated to the city, if accepted. If not dedicated, the developer shall include provisions to ensure continuing maintenance in the final recorded documents.
(1) In the event that such provisions do not result in maintenance, the city shall have the authority to cause such maintenance to be performed and to assess the cost of same to the properties within the PD.
(c) Site planning and design shall preserve, to the maximum extent possible, existing cultural, historical, archaeological or natural features which enhance the attractiveness of the area and shall harmoniously relate all uses and structures within the surrounding PD.
6-4-6 Planned trade uses. The following standards apply to all proposed planned trade uses regardless of the specific type of planned district within which they are located.
(a) Uses shall be located and designed to provide direct access to secondary or major streets without creating congestion or traffic hazards on any street. Orientation of buildings and parking areas shall be to these streets rather than to a minor street.
(b) Layout of parking and service areas, entrances, exits, yards, courts and landscaping, and control of signs, lighting, noise, and other potentially adverse influences shall protect the character of the PD and any adjoining uses.
(c) Where appropriate with general design, the location and timing of operations within the PD, trade use parking, service areas and accessways may be located to serve other nonresidential uses in the vicinity. These multiple uses shall not lead to congestion or hazards to pedestrian or vehicular traffic.
(d) When a PD contains several trade uses, these shall be planned as groups with common parking areas and access. Undeveloped areas intended for future phases of development shall be maintained in a neat and orderly manner. Planned trade uses shall be developed utili;zing landscaping and screening to buffer parking areas, loading docks, and outdoor storage of materials and products from any adjacent residential areas.
(Ord. No. 1989-9, § 2, 4-4-89)
Sec. 6-5. Application filing and processing.
6-5-1 Application. An application for a rezone to a proposed PD District shall be filed at the department and processed in accordance with section 4-4-2(a) through (l), except that a conceptual development plan shall be submitted with the application and conditions may be attached to the approval. Only complete submittals shall be accepted.
6-5-2 Conceptual development plan. The purpose of the conceptual development plan is not to require in depth site analysis at this stage, but to review the contents of the proposal to determine if public and/or private benefits would be derived through the use of a PD zone. Generally, submittal material for the conceptual development plan need not exceed in detail the requirements listed below. However, an applicant may voluntarily submit, or the staff, planning commission, or city council may request, more detailed information.
(a) Submittal requirements: A conceptual development plan shall be prepared to include all items listed in section 4-4-3 (Rezone), all items listed in section 7-3-2 (Subdivision) and the following:
(1) A conceptual site plan shall show the various existing and proposed types of land uses, depicting their relationship to each other and to surrounding uses. This site plan should take the form of a "bubble" map, which locates proposed types of uses in an approximate fashion, including tentative circulation diagrams and anticipated buffers or screening, rather than building footprints or precise street layouts.
(2) Physiographic information to include soil types, slope and topography (at ten-foot intervals or less), geology, vegetation, water rights and availability, sewerage and solid waste disposal.
(3) Add to the required written statement (see section 4-4-3(c)) the following information:
a. Name of development.
b. The approximate number of acres in each type of land use.
c. The character and density of dwellings, structures or uses on each portion of the property.
d. Address why the proposed uses should be allowed in this location, at this approximate density, related in this manner to surrounding uses.
e. Indicate if portions of the total land area will be phased.
f. A general indication of the expected schedule of development.
g. The effect the proposed PD will have on community facilities (i.e., schools, fire, police, utilities, streets, etc.).
(4) Section 6-1 (General) and section 6-3 (General provisions) shall be taken into consideration in preparation of the conceptual development plan.
(b) Criteria for review, recommendation and approval for residential density:
(1) Is the PD proposal in conformance with adopted plans and policies?
(2) Does the proposal comply with the PD statement of purpose (see section 6-1-1)?
(3) Is the proposed density compatible with the development patterns and densities in the area?
(4) Are proposed medium to high residential densities within reasonable distance to urban areas providing jobs, services, shopping and community facilities? In general, PD's in closer proximity to urban core areas should have higher densities than those which are further removed and necessary support uses and services are less available.
(5) Are adequate public services such as sewer, water, schools, roads, parks, fire and police protection available?
(6) Does the design and proposed public/private amenities incorporated into the PD reasonably provide for a quality and functional living environment?
(7) Will the development accomplish public purposes?
(8) Is there currently any hazardous vehicular congestion on existing streets, highways, or at intersections in the vicinity of the proposed PD?
(9) Is development protected from any hazard areas on the property, and are environmental features or cultural/natural resources reasonably protected from the expected uses and activities within the PD?
(10) Will mineral extraction and watershed values be protected and not affect the proposed uses?
(11) Is the site design energy/water efficient?
(c) The city council, upon recommendation of the planning commission, may:
(1) Approve a "specific density" per gross acre at the conceptual development plan stage; or
(2) Approve only a "design density" per gross acre at the conceptual development plan stage, which sets a maximum density limit fully contingent upon evidence presented in subsequent submittal materials which assures that the proposed density is appropriate. The "design density" approval constitutes no commitment to the final approval of a "specific density." A "specific density" shall then be established, as approved, at the preliminary stage.
(3) Approval of a conceptual development plan and its accompanying "design density" per gross acre shall not commit the city council to approve the same density in a subsequent preliminary plan.
(4) If a "specific density" per gross acre is approved at the conceptual development plan stage, it shall be recorded with the approved contractual documents.
(d) Zoning shall vest for a planned development district only when a contractual document setting specific density and a site specific development plan has been approved for the PD zoned property, or part thereof, by the city council at second reading of the enacting ordinance.
(e) A preliminary development plan, including all required submittal material, shall be submitted within twelve (12) months of approval of the conceptual development plan. If the applicant desires an extension, a letter stating the circumstances necessitating the extension shall be submitted to the department thirty (30) days prior to expiration of the conceptual development plan approval.
The planning commission may approve, for good cause shown, an extension of the preliminary development plan submittal deadline at a regularly scheduled meeting.
6-5-3 Preliminary development plan. A preliminary development plan constitutes the major step in the review process. The submittals shall be detailed enough to answer the question, "Should this use, designed in this particular manner, be constructed on this site?".
(a) An application for a preliminary development plan shall be filed at the department and processed in accordance with section 4-4-2(a) through (l), except that conditions may be attached to an approval. Only complete submittals shall be accepted.
(b) An approved "design density" at the conceptual development plan stage cannot be presumed a matter of right, but shall be justified at the preliminary submittal and review stage through site and structure design. The city council, upon recommendation of the planning commission and unless it has previously committed itself to approval of a "specific density," reserves the right to reduce or increase a "design density" on all or any portion of a proposed PD, when it determines that the design fails to fulfill the purposes of this article and/or code.
(c) Submittal requirements: A preliminary development plan shall be prepared to include the following:
(1) A completed preliminary development plan application (see Appendix [not set out in this chapter]) and fee (see section 2-2-2).
(2) All materials and information required for a subdivision preliminary plan (see section 7-4-2, Subdivision).
(3) A site plan (see section 10-10-1) illustrating each proposed building footprint, common open area, and public uses and facilities to be dedicated to the city and/or reserved in common ownership. Approximate location of all buildings, structures and improvements and open space around buildings and structures shall be shown.
(4) Elevations and/or perspective drawings of typical proposed structures and improvements, except single-family detached residences and their accessory buildings. The drawings need not be the result of final architectural design and need not be in detail.
(5) A written statement describing the character of the PD, exterior building surface materials, landscaping features, etc.
(6) The following plans, reports and diagrams shall be submitted, if applicable:
a. An off-street parking and loading plan.
b. A circulation diagram indicating the proposed movement of vehicles, bicycles and pedestrians within the PD, and to and from existing thoroughfares. Any special engineering features and traffic regulation devices needed to facilitate or ensure the safety of this circulation pattern shall be shown.
c. A landscaping plan.
(7) A development schedule indicating:
a. The approximate date when construction of the project is expected to commence.
b. The phases in which the project will be built and the approximate date when the public improvements, building construction/installation, and landscaping of each phase can be expected to begin and to be completed.
c. The anticipated rate of development.
d. The area and location of common open space that will be provided at each stage.
(8) Legal agreements, provisions and/or covenants and restrictions which will govern the uses, maintenance and continued protection of the PD and its common areas.
(9) Names and addresses of all adjacent (see definition) property owners within three hundred (300) feet of all boundaries of the property.
(d) A recommendation for approval of the preliminary development plan by the planning commission containing residential uses shall include a "specific density" per gross acre. Upon approval, by the city council, the approved "density" shall be included in the approved contract documents to be recorded (see section 6-3-1) upon approval of the preliminary development plan.
(e) If the preliminary development plan is filed in phases, a "specific density" shall be assigned to each phase. Density at each preliminary phase shall be justified by specific design. Approved "specific densities" from one (1) preliminary phase not utilized when that phase is built-out, may be carried over to another phase so long as the approved character of the overall PD is not significantly altered, but in no case shall the total approved specific density be increased.
(f) Following the approval of a preliminary plan, the applicant shall file with the department a final development plan and final subdivision plat in accordance with the approved development schedule. An approved preliminary development plan may be finalized by more than one (1) final plan and/or plat. Approval of a preliminary development plan is effective for one (1) year in accordance with section 7-4-1(f).
(g) The department reserves the option to suggest changes in the PD throughout the preliminary review process. If the preliminary development plan is not approved, the applicant may resubmit an amended plan in accordance with the processing procedures and submittal requirements (see section 6-5-3).
6-5-4 Final development plan and subdivision plat.
(a) A final site specific development plan and plat (if the development is proposed for a parcel that is not a part of a previously recorded plat) shall be filed at the department and processed in accordance with section 7-5-1. Only complete submittals shall be accepted.
(b) Upon final approval, the plan, plat and all related documents shall be recorded in accordance with section 7-6 (Recording of final plat).
(c) Any homeowners/property owners association created to administer the PD's common lands or facilities shall be incorporated. Articles of incorporation and restrictive covenants shall be recorded at, or prior to, the recording of the initial, if more than one (1), final development plan and plat. Evidence that articles of incorporation have been filed with the secretary of state shall be submitted.
(d) Submittal requirements:
(1) All plat drawings, materials and information required for a subdivision final plat (see section 7-5-2), unless waived by section 6-3-3(a)(1).
(2) A final site specific development plan and related documents to be recorded which finalizes the approved preliminary development plan.
a. The final plan shall show all of those items listed in section 10-10-1 and the following information which is pertinent to the PD:
1. The approved "specific density."
2. All approved setbacks.
3. A list of all approved and/or specifically excluded uses.
4. Footprints of all approved structures (excluding single-family structures).
5. All improvements listed on the development schedule (see (3) below).
6. A list of all conditions or stipulations which were attached to the approval.
(3) A development schedule for all private and/or commonly owned site improvements such as, but not limited to:
a. Private streets, circulation ways, curbs/gutters, signing, lighting.
b. Sidewalks/pedestrian walks/trails/associated structures.
c. Drainage structures/improvements.
d. Structures, parking and loading areas, fire lanes.
e. Open space improvements/facilities, landscaping and irrigation system.
f. Utility lines/facilities.
(4) No certificate of occupancy, in accordance with section 8-4, shall be issued until the above items are constructed/ installed or adequate security has been committed in accordance with section 10-5-9(b) for those items listed on the development schedule.
6-5-5 Building permits. The department may issue building permits (Article 8) for any buildings in accordance with the recorded final development plan.
If the time limit established by the approved final development schedule for the installation/construction of private and/or commonly owned site improvements has passed, an amended development schedule shall be approved by the city council prior to issuance of any building permits.
6-5-6 Enforcement of development schedules. If the owner(s) of property approved for a planned development, or part thereof, has failed to meet he approved development schedule, the department will initiate the following process for that incomplete portion:
(a) The staff will contact, in writing, the owner(s) of the property approved for the planned development thirty (30) days prior to the date that the approved development schedule indicated that the improvements for the project, or part of, would be completed, and request a written update within fifteen (15) days on the status of the development of the approved PD. Based on the response to the request for a written update within fifteen (15) days, the staff shall take one (1) of the following actions:
(1) If the owner(s) indicates, in writing, that the project will commence or reinitiate construction within sixty (60) days from the date of the department contact letter, the staff shall maintain the PD in an active status. The file shall be reviewed and the owner(s) will be required to update any previously required submittal information or documents, including the development schedule prior to commencing construction.
(2) If the project owner does not commence or reinitiate construction within a sixty-day period from the date of contact in (1)\above, the staff shall automatically place the PD, or the incomplete portion thereof, on an inactive status in accordance with section 6-5-6(b).
(3) If the owner(s) indicates the project is no longer feasible to commence or complete, staff shall schedule a public hearing, in accordance with section 4-4-2(c) through (k), to consider:
a. Retain the PD District or that portion not completed, in which case the staff shall place the project on inactive status (see section 6-5-6(b)); or
b. Initiate a rezone, in accordance with section 4-4-2(c) through (k), to change all, or part, of the PD District to a zone district consistent with the city comprehensive plan.
1. In the event of b. above, a repeal of all recorded PD plans, plats and related documents shall be recorded within five (5) working days of the second reading of the rezone ordinance.
(b) A PD, or part thereof, placed on an inactive status shall maintain the development approvals, but no development, construction or preparation shall occur and/or no building permits shall be issued until the PD is returned to an active status.
(1) Reactivation may be accomplished through completion of all the following steps:
a. The owner(s) shall request, in writing to the department, reactivation of the PD project. The request shall state the reasons for the delay of the project construction and show evidence that the owner(s) is able to activate the project construction within sixty (60) days of an action to return the PD to an active status.
b. Staff shall review the PD file and may, in writing to the owner(s), request information and/or documentation previously approved which requires updating.
c. If, upon receipt of updated information and/or documents, the staff determines that the project meets current applicable adopted city plan, policy and code intents and requirements, the staff shall notify the PD property owner(s) that the project is reactivated and development may commence. If the staff determines that the project does not meet current applicable adopted city plan(s), policies, and/or code intents and requirements, the city shall initiate a rezoning in accordance with section 6-5-6(a)(3)b. and, if determined, section 4-4-2(c) through (k).
(2) A PD on inactive status shall be reviewed every year by the staff.
a. If city plans, policies, regulations, or conditions of the PD area have changed to such a degree that the project may no longer be appropriate as originally approved, the staff shall schedule a hearing as in (a)(3) above.
b. Should the staff determine that the project as approved for the PD is still viable, the staff may automatically extend the inactive status for the PD for one (1) year.
c. The staff shall notify, in writing, the owner(s) of a PD property prior to any review or hearing concerning the PD status.
(c) Any proposed amendments to an approved final development plan or plat or related documents, shall comply with the requirements of section 6-5-7 below.
6-5-7 Amendments to a final plan. No changes shall be made in the approved final site specific development plan or related documents, except upon a request by the owner(s) of record, in writing, to the department for approval of desired changes(s) in accordance with the following procedures:
(a) A minor change to a recorded final site specific development plan and/or plat, or related documents, may be approved by the administrator in accordance with the following provisions, if those changes are required by engineering or development constraints or other factors not foreseen at the time the final development plan was approved.
(1) A request for a minor change(s) shall be filed at the department in writing. The term "minor change(s)" is considered to represent changes which do not alter the overall characteristics of the total plan and which create no adverse impacts on adjacent uses or public services and facilities. Some examples of what can be considered as minor changes are:
a. Changes in location and species of landscaping and/or screening, as long as the approved character and intent is maintained.
b. Changes in the orientation of portions of parking areas, as long as the effectiveness of the approved overall site circulation and parking is maintained.
c. The reorientation, but not complete relocation, of major structures.
d. Changes resulting in a decrease of building separation or setbacks, as long as those changes will not impact adjacent properties or uses.
(2) Whenever a change abuts an existing use, the owner(s) of PD land for which the amendment is proposed shall submit to the department, in writing, the names and addresses of all abutting property owners as recorded in the La Plata County Assessor's office, and a draft of a notification letter. The letter shall describe the proposed change(s) in complete detail and include any drawings or other information to adequately explain such change(s). The draft notification letter shall be submitted to the department with the application to amend the PD. Upon approval for accuracy and completeness, the department shall mail the notification letter to the abutting property owners.
a. If the abutting property owner notifies the administrator, within twenty (20) days of the date of the notification, that the change is not acceptable, the administrator shall refer the request to the planning commission at the first available meeting.
b. The planning commission shall review the request, the objection, and any other relevant information, materials or evidence and may consider the change in accordance with section 6-5-1.
c. If the change is approved, drawing(s) or documents required to be filed shall be submitted to the department reflecting the change.
(b) A major change, other than a rezone, to a recorded final site specific development plan/plat, or any related documents, except as allowed in section 6-5-7(a) above, may be approved by the city council, upon recommendation of the planning commission, in accordance with section 6-5-1.
(1) No amendments shall be approved for a recorded final site specific development plan unless they are shown to be required by one (1) or more of the following:
a. Changes in area/property/market conditions have occurred since the final site specific development plan was approved.
b. Changes have occurred in city adopted plans, policies, or regulations.
c. Conditions were not reasonably foreseen at the time the final site specific development plan approval was granted.
(c) Any approved amendment to the final development plan/plat shall be recorded as an amendment to the recorded final site specific development plan/plat, or related documents. The approval of any amendment does not constitute an extension of the time period for a property's vested rights, unless that amendment is submitted as an amendment to the approved preliminary plan, is processed in accordance with section 6-5-3, and a final site specific development plan is submitted incorporating the approved amendment, and is approved.
(Ord. No. 1989-9, § 2, 4-4-89)
ARTICLE 7. SUBDIVISION OF LAND*
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*Cross reference(s)--Zoning relationship to subdivision, Ch. 27, § 4-1-9; planned development zone districts, Ch. 27, Art. 6; design standards and development requirements, Ch. 27, § 10-5; floodplain standards and procedures, Ch. 27, § 10-8; appeals, waivers, and variances, Ch. 27, Art. 12; definitions, Ch. 27, Art. 15.
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Sec. 7-1. Scope.
Sec. 7-2. Classification of subdivisions.
Sec. 7-3. Vicinity sketch map.
Sec. 7-4. Preliminary plan requirements.
Sec. 7-5. Final plat requirements.
Sec. 7-6. Recording of the final plat.
Sec. 7-7. Acceptance of streets and other public land dedications.
Sec. 7-8. Related procedures.
Sec. 7-9. Penalty.
Sec. 7-1. Scope.
No plat of a subdivision (see definition) or deed creating a new parcel shall be approved by the department, planning commission or city council unless it conforms to the provisions of this article and this code.
7-1-1 Purpose.
(a) To assist orderly, efficient and integrated development.
(b) To promote the health, safety and general welfare of the residents of the city.
(c) To ensure conformance of land subdivision plans with the public improvement plans of the city, county and state.
(d) To ensure coordination of intermunicipal public improvement plans and programs.
(e) To encourage well-planned subdivisions by establishing adequate standards for design and improvements.
(f) To improve land survey monuments and records by establishing standards for survey and plots.
(g) To safeguard the interests of the public, the homeowner and the subdivider.
(h) To secure equitable handling of all subdivision plans by providing uniform procedures and standards.
(i) To preserve natural vegetation and cover, and promote the natural beauty of the city.
(j) To prevent and control erosion, sedimentation and other pollution of surface and subsurface water.
(k) To prevent flood damage to persons and properties.
(l) To restrict building in areas poorly suited for building or construction.
(m) To prevent loss and injury from landslides, mud flows, and other geologic hazards.
(n) To provide adequate space for future development of schools and parks to serve the population.
(o) To assure the planning for the provision of an adequate and safe source of water and means of sewage disposal.
(Ord. No. 1989-9, § 2, 4-4-89)
Sec. 7-2. Classification of subdivisions.
7-2-1 Minor subdivision (a subdivision containing five or less lots).
(a) Requirements and processing: Proposed minor subdivisions shall require vicinity sketch map and final plat filing, processing, and approval in accordance with sections 7-3 and 7-5 of this article. The preliminary plan stage (see section 7-4) shall be deleted.
(1) The preliminary plan criteria (see section 7-4-3) shall be used to evaluate the vicinity sketch map.
(2) All applicable materials and information required to be submitted in the preliminary plan stage (see section 7-4-2) shall be submitted in addition to other required submittal materials and information required in the final plat stage.
(b) The final plat submittal shall incorporate staff review comments provided during the vicinity sketch map staff conference. The planning commission shall review the final plat and prepare a recommendation to the city council in accordance with section 7-5-1.
7-2-2 Major subdivision (a subdivision containing six or more lots).
(a) Requirements and processing: Proposed major subdivisions shall require vicinity sketch map, preliminary plan and final plat filing, processing, and approval in accordance with sections 7-3, 7-4 and 7-5 of this article.
7-2-3 Condominium subdivision.
(a) Requirements and processing: Proposed condominium subdivisions, including the conversion of an existing structure to multiple ownership interests, shall be either a minor subdivision (see section 7-2-1) or a major subdivision (see section 7-2-2) and shall have the same requirements and processing as set forth in those sections.
(b) The requirements and standards set forth in section 10-5-18 shall apply to all structure conversions.
(1) The conversion of an existing structure to multiple ownership interests shall not be permitted il the use in the structure is nonconforming (see section 4-10).
(2) If the structure or the property is nonconforming (see section 4-11), the conversion may occur if all the applicable provisions and requirements as set forth in this article and standards set forth in section 10-5-18 can be met.
(c) If the land on which the condominium structure exists or is to be built is not a platted parcel, all provisions, requirements, standards, and procedures of this article shall be met for the land as well as the structure, and the land shall be shown as a "lot" on a final plat and recorded in accordance with this article.
(Ord. No. 1989-9, § 2, 4-4-89)
Sec. 7-3. Vicinity sketch map.
7-3-1 Filing and processing:
(a) Four (4) copies of a vicinity sketch map, in accordance with section 7-3-2, shall be submitted to the department. If additional copies are needed, the staff shall request such copies within five (5) working days of the submittal.
(b) Staff shall review the map for conformance with adopted city plans and policies and the requirements of this code and, within fifteen (15) working days of the submittal, a staff conference shall be scheduled with the applicant and/or project representative to discuss the proposed subdivision plan.
(c) At the discretion of the administrator and/or applicant, the vicinity sketch map may be presented to the planning commission at a regularly scheduled meeting to clarify policies or to provide additional guidance. Such review shall be held within one hundred twenty-five (125) days of the date of the staff conference, and a quorum shall be present.
(d) Staff will provide the applicant with written comments concerning the review of the map within ten (10) days of the staff conference or a planning commission review, unless the applicant agrees, in writing, to an extension.
(Ord. No. 1994-2, § 2, 2-1-94)
7-3-2 Submittal requirements. A vicinity sketch map shall show clear representation of the area in which the proposed project is located. The map shall show an area extending at least one-quarter (1/4) mile in each direction beyond the boundaries of the proposed subdivision. The map shall be drawn at a scale of not less than one inch equals two hundred feet (1" = 200') on a sheet size of either eighteen by twenty-four inches (18" x 24") or twenty-four by thirty-six inches (24" x 36") and shall contain, or be accompanied by, the following information:
(a) The proposed name of the subdivision.
(b) Location and boundaries of the subdivision.
(c) The names and addresses of the owner/applicant and project representatives.
(d) The date of preparation, an engineering graphic and written scale and a symbol designating true north.
(e) The approximate acreage contained within the proposed subdivision.
(f) The location, dimensions and names for all existing streets, alleys, easements and watercourses within and adjacent to the subdivision.
(g) Existing zoning and land uses/structures on lands within, and adjacent to, the proposed project.
(h) The names of adjoining subdivisions with lines of abutting lots, and/or departing property lines of adjoining properties not subdivided.
(i) The location and dimensions of all proposed streets, alleys, lot lines, and proposed land uses, including areas to be reserved or dedicated for parks, schools or other public uses within the subdivision, and proposed utility services. See Article 10 for any applicable general regulations and development standards.
(j) The number of acres and percentage of total acreage of all land uses, approximate number of lots, and typical lot sizes.
It shall be the responsibility of the applicant to ensure that full and complete information is provided concerning the characteristics of the site and the area.
(Ord. No. 1989-9, § 2, 4-4-89)
Sec. 7-4. Preliminary plan requirements.
7-4-1 Application filing and processing.
(a) An application and four (4) copies of a subdivision preliminary plan, with required materials (see section 7-4-2) and a fee (see section 2-2-2) shall be filed at the department. Only complete submittals shall be accepted. If additional copies are needed, the staff shall request such copies within five (5) working days of the submittal.
(b) Staff shall review the application in accordance with section 7-4-3, obtain review comments in accordance with general review procedures (see section 2-3-2(a)), and schedule a staff conference with the applicant, within twenty (20) days of the date of submittal, to review all review comments with the applicant and to make any requests for additional information or materials.
(1) If the staff determines, five (5) working days prior to any planning commission or city council meeting, that an application is lacking information or materials as requested by this code or by the staff in the review process, and it has not been submitted by the applicant, the application may be withdrawn from the agenda by the staff. The applicant shall be notified immediately of this action.
(c) The staff shall present the preliminary plan application, including general review comments, to the planning commission at a regularly scheduled meeting within one hundred twenty-five (125) days of the date of application submittal, except as provided in section 2-3-2(a) for an extension. Before taking action on a preliminary plan, the planning commission shall consider all review comments presented by staff, and the approval criteria as set forth in section 7-4-3.
(d) The preliminary plan application and the recommendation of the planning commission shall be considered by the city council in accordance with section 2-3-2(c) within thirty-five (35) days of the planning commission action.
(e) All required (see section 10-4-1(b)) perimeter street rights-of-way shall be dedicated to the city by deed within ten (10) days of the approval of a preliminary plan, or the application approval shall be voided.
(f) Approval of a preliminary plan shall be valid for a period of one (1) year. The staff shall notify the applicant thirty (30) days prior to the expiration of the approval.
(g) An applicant may submit to the department a request in writing for a preliminary plan approval extension. Upon receipt of such request, the staff shall review the subdivision plan area for any changes in condition, applicable regulations, conditions of approval, and the approval criteria (see section 7-4-3). The staff may approve the request or forward it to the planning commission in accordance with (c) above.
(h) If the final plat covers only a portion of the land area within the approved preliminary plan, such approval of the remaining preliminary plan area shall be automatically renewed for an additional period of one (1) year from the date of approval of each subsequent final plat approval, unless the city council notifies the applicant, in writing, to the contrary.
(i) An entire preliminary plan area shall be recorded as a final plat(s) within five (5) years of preliminary plan approval. After that time, any unrecorded portion of the preliminary plan shall be required to be reprocessed in accordance with the current city code(s), or such portion shall become null and void.
(j) The applicant may request, in writing, a withdrawal of the subdivision plan at any time.
(Ord. No. 1994-2, § 3, 2-1-94)
7-4-2 Submittal requirements. Engineering information submitted on preliminary plans does not need to be as detailed as required on final construction drawings. It should be a graphic presentation/plan which shows intents and answers engineering questions. A preliminary plan constitutes the major step in the review process. The submittal shall be detailed enough to answer the question "Should this use, designed in this manner, be constructed on this site?".
(a) The applicant shall provide the department with four (4) copies of the preliminary plan submittal materials. Additional copies may be requested after the staff conference if deemed necessary. The submittal shall address all comments assembled during the vicinity sketch map review process.
(b) The preliminary plan submittal shall include:
(1) A location map, drawn at a one inch equals five hundred feet (1" = 500') scale, either separate or composite with the preliminary plan, covering a one-mile radius of the subdivision showing the following:
a. Major topographical features.
b. Existing and planned streets and highways.
c. Zoning districts, municipal limits, taxing districts and any other special districts.
d. Significant watercourses.
(c) Clear, high-contrast copies of a preliminary plan map(s) of the proposed subdivision shall be submitted. The map(s) shall be at a scale of not less than one inch equals two hundred feet (1" = 200'). The drawings may be on one (1) or more sheets of twenty-four by thirty-six inches (24" x 36"). The following information shall be shown on the plan sheet(s).
(1) The name of the proposed subdivision. No subdivision shall bear the same name as another subdivision unless adjoining and using consecutive filing numbers.
(2) Name and address of the owner of the property, developer(s), planner/registered engineer and/or surveyor preparing the plan/documents; the engineer and/or surveyor stamps.
(3) The date of preparation, an engineering graphic and written scale and a symbol designating true north.
(4) Location and an accurate outer boundary survey with dimensions, certified by a registered land surveyor licensed to work in the State of Colorado, of the proposed subdivision, including a traverse of the monumented perimeter. The traverse shall have an error of closure of not greater than one part in ten thousands.
a. One (1) survey tie into the city grid system. Monumentation shall conform to the survey requirements of Colorado Revised Statutes.
b. Designation of survey monuments proposed to be used for control during construction.
(5) Total acreage contained in the proposed subdivision:
a. The number of acres and percentage of total acreage of all land uses, gross density of residential areas, number of lots, square footage of each lot, and the length, in feet, of public streets.
b. Identification of any proposed excepted parcels (outlots).
(6) Adjacent land uses:
a. Names of all adjoining subdivisions.
b. The names and addresses of owners, departing property lines and zoning of adjoining property (subdivided or not subdivided).
c. Existing structures within two hundred (200) feet of the proposed subdivision boundaries.
(7) Lot and street layout, including:
a. Lots and blocks (see section 10-5-1) numbered consecutively.
b. Dimensions, rounded to the nearest foot, of all lots.
1. Show lot width at required zoning front setback line.
2. Any tracts of land proposed to be platted in a size larger than the requirements of the zone district within which the property is located shall be oriented and delineated in a manner that will permit a future division of such tract.
c. Existing structure(s) which will remain.
d. Outline and dimension of any property, other than a street or alley, which is proposed for dedication to the city for public use (see section 10-5-10), with the area marked "Public Site" and showing the proposed use.
e. Outline and dimension of any property and/or structure to be owned in common and showing proposed use.
f. If the plan is for a condominium subdivision:
1. Building location(s) with perimeter dimensions with two (2) or more ties to the corners of the building(s) and to the perimeter boundary of the parcel.
g. Condominium units, lettered or numbered, with totals included in (5)a. above.
h. Location and designation of common elements, e.g., hallways, stairs, elevators, etc.
i. Condominium units:
1. Interior frontage dimensions and elevations.
2. Wall thickness of all exterior and common walls to a hundredth of a foot.
3. Floor elevations to a hundredth of a foot.
4. Floor and ceiling thickness and height dimensions between.
5. Identification of fireplaces, balconies, chimneys if part of the unit, or include in h. above if to be common elements.
6. Statement as to whether airspace is finished or unfinished.
j. Access from the condominium unit through the building and across the parcel to a public street.
k. Building elevations, front, side, and rear views.
(8) Roadways:
a. Existing streets, bikeways, sidewalks, paths, alleys and easements within and abutting the proposed subdivision (locations, names, surface improvement widths and types, curbs, curb cuts, gutters, crosspans, and right-of-way centerlines and widths).
b. Proposed street system (see sections 10-4 and 10-5-2) showing:
1. Right-of-way, centerline of right-of-way and pavement widths.
2. Curbs, gutters, crosspans, curb cuts and sidewalks with horizontal dimensions.
3. Proposed street names (see section 10-4-3).
4. Any special treatments proposed within the right-of-way, such as medians, channelization, traffic control, landscaping (see sections 10-5-7 and 10-5-12).
(9) Utilities:
a. Locations and size of existing utilities and easements within, adjacent to, and abutting the subdivision.
b. Size and locations of all proposed easements, sewer and water lines (see sections 10-5-3 and 10-5-4), including existing and proposed manholes, hydrants, gate valves and allweather access to all.
c. Any rerouted, underground or new irrigation ditches, and irrigation water system. Written approval shall be obtained and submitted for any rerouting of irrigation ditches from the appropriate irrigation company or association.
(10) Grading, drainage, storm runoff and flooding:
a. Within the proposed subdivision and to points fifty (50) feet beyond its boundary, the existing and proposed contours at two-foot intervals for predominant ground slopes up to ten (10) percent grade; and at five-foot intervals for predominant ground slopes over ten (10) percent grade; and ten-foot intervals for predominant ground slopes over twenty (20) percent grade. Elevations shall be based on USGS sea level datum. Existing contours shall be indicated by broken lines and proposed contours by solid lines. Permanent benchmark shall be indicated within the proposed subdivision or within two hundred (200) feet of its boundary.
b. Existing drainage features including pipes, structures, culverts, gutters, crosspans, ditches or swales within or adjacent to the subdivision. Show where drainage enters and leaves the property, and include size and direction of flow(s), and any existing drainage easements.
c. Proposed drainage system.
1. All proposed pipes, structures, culverts, gutters, crosspans, ditches, and swales, including size and directions of flow (see section 10-5-5).
2. Proposed drainage easements.
3. Drainage outlets for the subdivision with an explanation of any impact of the subdivision drainage on locations downstream from outlets.
d. Hydrology.
1. The percentage of the total acreage which will be covered with impervious surfaces such as roads, roofs, and driveways.
2. Storm drainage calculations based on existing and proposed ten- and one hundred-year design frequencies.
3. Any intended draining, filling, dredging or excavation of wet areas.
4. Indicate one hundred-year floodplain, if applicable.
(11) The following preliminary reports, maps, or texts (see section 10-10 for standards) shall be required, if applicable:
a. Function, ownership and maintenance responsibility of any common open space not proposed to be dedicated for public use.
b. The preliminary draft of all grants of easements and/or dedication of property within and adjacent to the proposed subdivision; and any restrictions, covenants, or conditions to be imposed upon the use of land, buildings and structures.
1. If applicable, proposed condominium declarations and bylaws for ownership association.
c. Preliminary improvements agreement (see sections 10-5-9 and 10-10-7).
d. Flood hazard report (see sections 10-8 and 10-10-11).
e. Soils and geologic report (see sections 10-9 and 10-10-9).
f. Wildlife mitigation report (see section 10-10-15).
g. Historical/archaeological report (see section 10-10-13).
h. Water supply (see section 10-5-3).
1. Estimated total number of gallons of treated water per day required for consumption by, and provisions for fire protection in, the proposed subdivision uses.
2. Adequate evidence that a water supply sufficient in terms of quality, quantity and dependability will be available. The evidence may include, but not be limited to:
(a) Letter from the city public works department or an established district or company.
(b) Evidence of ownership of, or option to acquire, water rights.
(c) Historical use and estimated yield of claimed water rights.
(d) Amenability of existing rights to a change in use.
(e) Evidence concerning the potability of the proposed water supply.
i. Sewerage (see section 10-5-4).
1. Estimated total number of gallons per day of sewage to be treated that will be generated by the proposed subdivision.
2. An analysis of any impacts on all downstream lift stations if existing.
3. A letter of acknowledgement from any established or proposed district, if a new treatment facility is proposed.
4. Compliance with the policies herein is required along with the submittal of an acknowledgement letter from the local representative of the Colorado Water Quality Control Commission.
(12) Title: An exact copy of a certificate of a title insurance company or attorney's opinion which shall set forth the names of all owners of property included in the plan and shall include a list of all individuals or entities who may have an interest via mortgages, judgments, liens, easements, contracts and agreements of record which shall affect the property covered by the plans.
(13) If a portion of an existing easement or right-of-way is contiguous to a proposed easement or right-of-way of the new subdivision, proof of the dedication of the existing easement or right-of-way shall be submitted.
(14) A statement of intent regarding the formation of a homeowners/property owners association; and a draft copy of any restrictions, covenants, or conditions proposed to be recorded with final plat.
(15) Additional information may be required by the department in order to adequately review the proposed subdivision.
7-4-3 Criteria for review, recommendation and approval. The following criteria shall be used to evaluate preliminary subdivision plans:
(a) Is the proposed subdivision in conformance with adopted plans(s), policies, and the requirements of this code?
(b) Does the proposed subdivision conform with the development requirements and design standards of Article 10?
(c) Is the proposed subdivision in compliance with the underlying zone district's intent and requirements?
(d) Is the proposed subdivision compatible with existing or any future development of adjacent properties under existing zoning?
(e) Are the proposed streets correctly named?
(f) Are the proposed engineering solutions sound for all major physical site features?
(g) Are public facilities available and adequate to serve the potential population of the proposed subdivision?
(h) Do the impacts of the subdivision affect the safety or welfare of the public?
(Ord. No. 1989-9, § 2, 4-4-89)
Sec. 7-5. Final plat requirements.
7-5-1 Application filing and processing.
(a) Copies of a subdivision final plat, related documents, and required materials (see section 7-5-2) shall be filed at the department. Only complete submittals shall be accepted. If additional copies are needed, the staff shall request such copies within five (5) working days of the submittal.
(b) Staff shall review the plat and related documents for compliance with the requirements of section 7-5-2 and obtain review comments in accordance with general review procedure (see section 2-3-2(a)).
(c) The final plat shall be reviewed for conformance with the preliminary plan approval, except that a final plat may constitute only a portion of the land area approved within the preliminary plan.
(d) If all requirements of approval of the preliminary plan have been met in the final plat submittal and if no adverse comments are received from review departments/agencies, the staff shall schedule the final plat for consideration at the next regularly scheduled meeting of the planning commission. Such meeting shall be held within thirty-five (35) days of the final plat application.
(1) Section 7-4-1(b)(1) also applies to a final plat submittal.
(e) The planning commission shall consider the final plat application, in accordance with section 2-3-2(b), and either recommend approval, approval with conditions, or deny the final plat. The commission, within sixty (60) days of the initial presentation to the commission, shall prepare a recommendation to the city council based on the preliminary plan approval, consideration of all applicable requirements of this code, and all review comments, unless the applicant agrees, in writing, to an extension.
(f) The staff shall present the final plat, including the planning commission recommendation, to the city council in accordance with section 2-3-2(c).
(g) A final plat application may be approved which has been modified to reflect improvements in design or changes which have occurred since the time of the preliminary plan review and approval. These changes may require submittal of material(s) necessary to adequately review that change. Staff will advise on the required submittal and review process according to the location or scope of the change.
(h) After the council approves the final plat application, the applicant shall incorporate any and all modifications required by the final approval on the final plat and/or within related documents. The original plats shall be submitted to the department, and signed and notarized by the owners and other required signatories (see 7-6-1(b)).
7-5-2 Submittal requirements.
(a) The applicant shall submit the number of copies of the final plat and related documents requested by the department. (Originals shall be submitted in accordance with section 7-5-1(h) above). The submittal shall include the following drawings, materials, information and a fee (see section 2-2-2):
(1) Drawing requirements shall comply with the following standards:
a. The plat shall be delineated at a scale of not less than one inch equals two hundred feet (1" = 200'), on a waterproof, reproducible medium such as mylar, which is twenty-four inches by thirty-six inches (24" x 36"). The mylar shall be three-mil thick.
b. The plat shall be prepared and certification made as to its accuracy and the placement of all monuments as described by a registered land surveyor licensed to do such work in the State of Colorado.
c. The plat shall show:
1. An engineering graphic and written scale.
2. A north arrow.
3. Date of the preparation of the final plat.
4. The name of the subdivision.
5. Legal description or reference thereto.
6. A statement that the survey was performed by, or under, a professional land surveyor's direct responsibility, supervision, and checking.
7. A statement by the land surveyor explaining how the basis of bearing was determined.
8. Name, signature, date, and seal of the professional land surveyor.
d. A final plat may be drawn on multiple sheets covering representative and reasonable portions of the subdivision tract. In these cases, the surveyor shall include a composite map at a lesser scale indicating the sheets, numbered accordingly, and shall include title, legend, matchlines, and other information. The number of copies of the composite map shall equal the number required for final plat submittal.
(2) The following subdivision information shall be shown on the plat. Sufficient data shall be provided to enable the reestablishment of the property lines of the subdivision on the ground.
a. The outer boundaries of the subdivision:
1. Bearings, distances and curve data of all perimeter boundary lines shall be indicated outside the boundary line. When the subdivision is bounded by an irregular shoreline or a body of water, the bearings and distances of a closing meander traverse shall be given and a notation made that the subdivision includes all land to the water's edge or otherwise.
2. On curved boundaries and all curves on the plat, circular curve data shall include radius of curve, central angle, tangent, arc length, chords and notation of nontangent curves.
3. Distances to a hundredths of a foot, and angles and bearings shall be shown to seconds of arc.
4. 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.
5. Any conflicting boundary evidence.
(a) Areas of conflict or overlapping deed descriptions should be clearly identified.
(b) When measured dimensions differ from recorded dimensions, clearly indicate both on the final plat.
b. All land within the boundaries of the subdivision shall be accounted for either as:
1. Lots;
2. Land to be dedicated to the public or to common ownership.
(a) These parcels shall be labeled "Public Site" or, in case of land to be owned in common, shall be labeled "Common Site." If the future use is known at the time the plat is prepared, it may also be noted on the respective parcel(s);
3. Street, alley, walkway, bikeway, trail rights-of-way or easements; or
4. Excepted parcels (outlots).
5. All items listed in section 7-4-2(c)(7)f. through k. (Condominium structures and units).
6. A table shall be on the plat showing the percent of total quantities of 1., 2. and 3. above, net and gross densities, acreage, to the nearest 0.001 acre, of land use, square footage of each lot, and the length in feet, of all streets.
c. All blocks, all lots within each block, and condominium units shall be consecutively numbered.
1. Excepted parcels (outlots) under different ownership shall be marked "Not included in this subdivision" or "Not included in this plat," as appropriate, and the boundary(s) completely indicated by bearings and distances.
2. Parcels not contiguous shall not be included in one (1) plat, nor shall more than one (1) plat be made on the same sheet.
3. Contiguous parcels owned by different parties may be included in one (1) plat, provided that all owners join the dedication and acknowledgement.
4. All bearings and distances shall be given for all lot or parcel lines in accordance with section 7-5-2(a)(2)a.1., 2. and 3., except that bearings and distances need not be given for interior lot lines where the bearings and lengths are the same as those of both end and lot lines.
d. All streets, alleys, walkways, bikeways, and trails shall be designated as such. Public streets shall be named.
1. Such right-of-way lines, including centerlines, shall show bearings and distances including delta angle, radius, arc length, chord and chord bearing.
e. All existing easements, or easements to be created, shall be designated as to type, with bearings and dimensions given.
1. Existing easements shall be labeled with their reception number noted.
2. If easements are created by the recording of the final plat, a dedication statement indicating the allowed uses and who has the right to use the easement shall be included on the plat.
f. Indicate adjacent property lines departing from the subdivision boundary (to scale, but no dimensions are required).
g. Show any construction limit lines, i.e., geologic hazard lines, floodplain lines, or other restrictive areas with adequate dimensions to locate said lines on the ground.
h. A vicinity map at a scale of one inch equals five hundred feet (1" = 500').
i. The metes and bounds legal description of the perimeter boundary of the subdivision shall have the point of beginning tied to the established city grid system. Total area of the subdivision shall be given to the nearest 0.001 acres.
j. A dedication statement deeding all public land or land to be owned in common including, but not limited to, streets, walkways, bikeways, trails, and public sites (i.e., open space, parks, etc.); indicating use, ownership and maintenance of all public or private rights-of-way and land areas; and dedication of all easements (see Appendix [not set out in this chapter]).
k. Space for original signature of owner(s) and a space for a notary's signature for each-owner's signature. All owners, lien holders or interests shall sign the plat.
l. Spaces for original signatures of all utility providers (gas, electric, telephone, cable) showing utility company name, signature slot, and date of signature. The applicant shall obtain these signatures prior to submittal of the final plat.
m. Space for the City of Durango officials' certificates of approval showing title, signature slot, and date of signature for the following:
1. City engineer.
2. Department of planning and community development.
3. Secretary, city planning commission.
4. Mayor, City of Durango.
5. City clerk, City of Durango.
In addition, certificate of approval and signature shall be obtained from the Durango Fire and Rescue Authority, or its successor.
(3) A monument record delineated on the plat for required benchmarks including (also see Appendix [not set out in this chapter]):
a. Permanent monuments set on the external boundary of the subdivision, pursuant to 38-51-101 C.R.S., 1973, as amended.
b. All lot and block comers and street intersection centerline.
c. At least one (1) elevation benchmark based on established city datum shall be set (where practical to tie in within every subdivision or subsequent filing prior to submission of the final plat for approval).
d. Detailed requirements on monument construction, marking, and setting are contained in Appendix [not set out in this chapter].
e. Any additional information required by 38-51-102 C.R.S., 1973, as amended.
(b) The following final reports, maps, or texts shall be submitted, if applicable:
(1) The following plans and reports are interrelated. They may be shown on the same sheet if this does not result in undue confusion and congestion on the sheet. If separate sheets are used all drawings shall be to the same scale.
a. Grading and drainage plan (see Sections 10-5-5 and 10-10-2).
b. Erosion control plan (see section 10-10-3).
c. Composite improvement plan (see section 10-10-5).
d. Subsurface soils investigation (see section 10-10-10).
e. Any other plan required by the preliminary plan approval.
(2) An exact copy of a current certificate of title which shall set forth the names of the owners of property included in the plat and shall include a list of all individuals or entities who may have an interest via mortgages, judgments, liens, easements, contracts and agreements of record which shall affect the property covered by the plat. If the opinion of title discloses any of the above, the holders of such mortgages, judgments, liens, easements, contracts or agreements, shall be required to approve the plat, in writing signed and notarized, before the plat shall be recorded.
(3) A signed improvements agreement (see sections 10-5-9 and 10-10-7) to be recorded.
(4) A signed improvements guarantee (see sections 10-5-9 and 10-10-8) to be recorded.
(5) A final document setting forth covenants, conditions, and restrictions to be recorded.
a. If applicable, proposed condominium declarations and bylaws for ownership association.
(6) If a newly platted street will intersect with a state highway, a copy of state highway department approval.
(7) Notification of approval from the state health department for the construction of any sewer system, or part thereof, when required by state health department regulation
(Ord. No. 1989-9, § 2, 4-4-89; Ord. No. O-2003-6, § 1, 2-18-03)
Sec. 7-6. Recording of the final plat.
7-6-1 Recording procedures.
(a) Applicant shall record all final plats and related documents.
(b) The applicant shall submit to the department prior to recording:
(1) Original plat (see (2)a. below).
(2) Any required documentation in original form to be recorded, such as, but not limited to, improvements agreement, power of attorney, easement or right-of-way dedication not shown on the plat, covenants, conditions and restrictions, evidence of incorporation of homeowners/property owners association, deed(s) conveying property to the association to be recorded.
a. Three (3) identical reproducible final plat(s) with original signatures and four (4) high-contrast copies of such plat shall be submitted to the department. The original plat shall contain notarized signatures of the owner(s) of the property, lien holders, utility providers and necessary surveyor's/engineer's signature(s) and corporate/registered seal(s), as required. All signatures on the original plat(s) shall be in India ink.
b. One (1) original of each related document to be recorded and high-contrast copies.
(c) Within fifteen (15) days following the submittal, the staff shall review the submitted plat and documents and upon completion of the staff review for accuracy, and il there are no needed changes, the staff shall obtain the applicable signatures of public officials required on the final plat. The department shall notify the applicant that the plat and other related documents are ready to be recorded. The applicant shall then record the plat and related documents at the office of the county clerk and recorder. A copy of all plat and all related documents with recording reception numbers thereon shall be submitted to the department. Such recording shall occur within thirty (30) days of the submittal of the final plat and related documents.
(d) Upon recording of the plat, and in accordance with the conditions of the final approval regarding the timing of the completion of public improvements and project occupancy, applications for building permits may be submitted in accordance with the approved improvements agreement and the provisions of this code.
(e) A final plat shall be submitted for a review for accuracy and approval within one (1) year from the date of final approval. Failure to submit within this time shall require an additional review and processing as per the final plat processing procedure (see section 7-5-1). If a final plat is not recorded within ninety (90) days of final approval, all required abutting rights-of-way dedications in accordance with section 10-4-2 shall be required to be submitted to the department, approved, and recorded.
(Ord. No. 1989-9, § 2, 4-4-89)
Sec. 7-7. Acceptance of streets and other public land dedications.
7-7-1 Dedication. It shall be the prerogative of the city council, prior to final platting, to accept or reject the dedication of any land as public.
7-7-2 Acceptance for maintenance. Approval of a subdivision shall not constitute acceptance by the city for maintenance of streets or public sites or ways shown as dedicated on the plat. The acceptance for maintenance shall be by formal action of the city council, or its designated official(s), upon construction completion in accordance with conditions of final approval and any approved improvements agreement (see sections 10-5-9 and 10-10-7).
(Ord. No. 1989-9, § 2, 4-4-89)
Sec. 7-8. Related procedures.
7-8-1 Replat.
(a) A replat shall be prepared in the event it is necessary or desirable for a person/entity to request, or for the city to initiate, a change to a previously recorded plat, for the following (also see section 7-8-2 below):
(1) A realignment of any private/public rights-of-way or easements.
(2) To increase or decrease the outer boundary of a subdivision.
(3) To reconfigure lots/blocks, public or common sites, outlots, or any other delineations required on the plat drawing which has been previously recorded.
(b) Such replat shall be prepared, filed, and processed in accordance with section 7-2-1 or 7-2-2, as applicable.
7-8-2 Resubdivision. Resubdivision of land shall be considered a subdivision and shall comply with the requirements of section 7-8-1.
7-8-3 Corrections to recorded plats.
(a) If it is discovered that there is a minor survey or drafting error in a recorded final plat, a request in writing to record a corrected plat shall be submitted to the department. The request shall be accompanied with an affidavit witnessed by a professional land surveyor and approved by the county surveyor. The surveyor witnessing this corrected plat shall be an impartial observer having no personal interest in the platted land.
(b) A request to correct a recorded plat shall be reviewed and processed in accordance with section 7-8-1, as applicable.
7-8-4 Maintenance of subdivision materials. The department and the public works department shall maintain an adequately numbered filing system for all subdivisions, including copies of all maps, data and official actions. A master location map(s) referenced to the department's filing system shall also be maintained for public use and examination.
(Ord. No. 1989-9, § 2, 4-4-89)
Sec. 7-9. Penalty.
A division of a parcel of land, or the division of a structure into multiple interests, which is in violation of the provisions, requirements, and processes of this article, shall be considered a violation of this code and subject to the provisions of Article 14.
(Ord. No. 1989-9, § 2, 4-4-89)
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*Cross reference(s)--Buildings and building regulations, Ch. 6; general overview of proposals, procedures, and applications, Ch. 27, Art. 2; building permits re planned developments, Ch. 27, § 6-5-5; fences and walls, Ch. 27, § 10-1-5; building and fire code board of appeals, Ch. 27, § 12-2; administration and enforcement, Ch. 27, Art. 14.
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Sec. 8-1. General.
Sec. 8-2. Application filing and processing.
Sec. 8-3. Submittal requirements.
Sec. 8-4. Inspection and certificate of occupancy.
Sec. 8-1. General.
8-1-1 Requirement for permit. It shall be unlawful to:
(a) Commence any excavation over ten (10) yards of material; or
(b) Construct or demolish any principal or accessory building or structure, or a required fence or wall; or
(c) Commence the moving, alteration, or expansion of any building or structure; prior to the issuance of a building permit for that activity. Also see section 2-1-3 for examples of types of building activities requiring permits.
8-1-2 Parcel requirements. From and after the effective date of this code, structures shall be erected only on parcels of land that are a part of a subdivision, or are an approved exemption (see (a) below) and in accordance with the provisions of this code.
(a) The provision of section 8-1-2 shall not apply to a parcel described by a metes and bounds legal description if:
(1) Public improvements which are required by this code (see section 10-5-7) are in place, or the property owner agrees to enter into an improvement agreement and/or grant a power of attorney for a future assessment for those improvements (see section 10-5-7).
a. The power of attorney provision shall be used only when it is premature to determine the specific design or elevation of the improvements, or abutting improvements cannot be reasonably altered to align with new improvements.
(2) All rights-of-way and/or easements which are required by this code have been, or will be, dedicated to the city and recorded in the office of the county clerk and recorder prior to the issuance of any building permit.
(3) All applicable requirements and standards required by this code have been met or are in place.
(Ord. No. 1989-9, § 2, 4-4-89)
Sec. 8-2. Application filing and processing.
8-2-1 Application.
(a) An application for a building permit, with required materials (see section 8-3), shall be filed at the department. The staff shall review the application within seven (7) working days of the date of filing, unless it is necessary to submit the construction drawings/plans for an official plan check by a building code consultant to the city, or unless an extension is agreed to, in writing, by the applicant. Applications shall be reviewed by the following staff:
(1) The building staff, for compliance with any applicable adopted Uniform Building, Plumbing, or Mechanical Code(s), the National Electrical Code, or any other adopted Code(s) governing excavation or construction.
(2) The planning staff, for compliance with any conditions of approval for the development of the site, and for conformance with all applicable provisions and requirements of this code.
(3) The public works staff, for compliance with any applicable public improvement requirements as set forth in this code or in other adopted plans, policies, standards, or specifications.
(4) The fire department staff, for compliance with the Uniform Fire Code.
(5) Applications may be reviewed by other city departments and/or other agencies, as determined by the department, in accordance with section 2-3-2(a).
(b) Review and approval by staff of the submitted site specific development plan or plot plan shall be required prior to issuance of a building permit.
(c) Following all reviews of the application, it shall be approved, approved with conditions, or denied by the department.
(1) Upon approval of all materials submitted, or subsequently requested, the application for the building permit shall be approved, and any deeds, easements, agreements, or powers of attorney required by section 8-1-2(a)(1) shall be submitted prior to the issuance of the building permit.
a. If required, a site specific development plan shall vest upon approval.
(2) If the staff determines that the submittal plan(s) does not indicate compliance with all applicable requirements of this code, or any applicable excavation or construction code(s), the administrator shall deny the building permit application stating, in writing, all identified deficiencies of the plan(s)/material(s) as submitted.
a. A decision to deny a building permit application may be appealed. Such appeal shall be heard by the land use and development code board of appeals or the building code board of appeals, depending on the reason for denial, in accordance with Article 12.
(d) The issued building permit shall indicate all conditions of approval or agreements.
(Ord. No. 1989-9, § 2, 4-4-89)
Sec. 8-3. Submittal requirements.
8-3-1 Materials. The applicant shall submit to the department the following materials, as applicable. Only complete applications shall be accepted.
(a) A completed application for a building permit (see Appendix [not set out in this chapter]) and fee (see section 2-2-2).
(b) Two (2) copies of detailed plans prepared in accordance with adopted excavation and/or building codes. Additional copies, as may be necessary to adequately review the application, may be requested by the staff.
(c) If the construction site is located in a service area beyond the city limits, or the site was annexed to the city subsequent to the adoption of this code, a gamma radiation survey may be required.
(d) Any curb cut permits as may be required by the state highway department.
(e) Sanitary sewer clearance and water tap approval from any servicing district(s)/company(s).
(f) For all permits for structures,