Chapter 17.35
ADMINISTRATION—PERMITS
Sections:
17.35.010 Zoning Administrator.
17.35.020 Issuance of special use permits.
17.35.030 Appeal process for sexually oriented businesses.
17.35.040 Variance procedure for sexually oriented uses.
17.35.060 Permit denial—Written notice.
17.35.070 Permits issued in conflict declared void.
17.35.080 Certificate of occupancy.
17.35.090 Permits to be public record.
17.35.100 Fee schedule for all developments.
17.35.010 Zoning Administrator.
This chapter establishes and shall be enforced by an officer appointed by the Council to be known as the “Zoning Administrator.” (Ord. 2007-14 § 1 (part): Ord. 1997-13 § 1 (part))
17.35.020 Issuance of special use permits.
Uses which require a special use permit are those that may be allowed in the zoning district in which they are listed if it can be demonstrated that the use, in the proposed location, is compatible with the purposes of the district, the particular site and the surrounding area. Uses listed in this code as requiring a special use permit shall only be allowed with prior issuance of such permit by the City Council.
A. Who Must Apply. Both the owner of the property on which the use will be conducted and the operator of the use for which a special use permit is required, or their authorized representative(s), shall apply for a special use permit.
B. Process. The applicant shall submit to the Zoning Administrator a complete site plan as described in Section 17.32.030. Additionally, the applicant shall submit a written statement indicating the compatibility of the proposed use with adjacent uses, the impacts the proposed use may have on adjacent properties, and whether the proposed use conforms to the predominant character of the surrounding area. The site development plan and written statement shall be submitted to and reviewed by the Planning Commission and the City Council in the same manner as the final dimensioned site development plan (see Section 17.32.070).
C. Transferable. Special use permits allow a particular use for which they are granted to operate on the specific property listed in the permit in accordance with approved plans. A special use permit may be transferred to any other person to operate the same use per the same terms of the permit, upon notification to the Zoning Administrator, but may not be transferred to any other property or building.
D. Duration. A special use shall remain in full force and effect as long as the use for which the permit is granted continues or for the term specified on the permit. The permit shall expire if one (1) of the following occurs:
1. The use for which the permit was granted is not established at the approved location within a period of one (1) year from the date the permit was issued.
2. The use for which the permit was issued is discontinued for a period of one (1) year or longer.
3. The term for which the permit is issued is expired.
E. Suspension of Permit. The Zoning Administrator may suspend a special use permit upon finding that the use, building or site for which the permit was issued violates any conditions of approval applied at the time the permit was issued, or the use established is substantially different than that which was represented in the application. (Ord. 2007-14 § 1 (part): Ord. 1997-13 § 1 (part))
17.35.030 Appeal process for sexually oriented businesses.
A. The City Manager or his designee shall deny an application for any building permit or other approval necessary for the location or operation of an adult oriented business upon a finding of noncompliance with the standards and requirements of this section. Nothing in this section shall be construed to require such issuance or approval of an adult oriented business failing to comply with the standards of the city which may be otherwise generally applicable. Redress for any denial not made pursuant to this section shall be governed by the procedures otherwise available in the context of such denial.
B. Within ten (10) business days of the city after the submission of an appropriate written application for the approval of the location of an adult oriented business, the City Manager or his designee shall in writing approve or deny the same. In the event of denial, the City Manager or his designee shall in writing set forth the basis under this section of such denial.
1. Within ten (10) calendar days from the date of such written denial, the applicant may file with the City Clerk a notice of appeal (or request for variance, pursuant to the variance procedures contemplated in Section 17.35.040) in writing to the City Council stating with particularity the basis of the exception taken with such denial, or requesting a variance in compliance or with the requisites for the approval of a variance as set forth in this section. A copy of such document shall be concurrently submitted to the office of the City Attorney.
2. At the next following regularly scheduled meeting of the City Council following actual receipt for filing of the notice of appeal or request for variance during regular business hours by the City Clerk on a date prior to the day of such Council meeting, the City Council shall schedule a public hearing to be conducted within forty-five (45) days from the date of such meeting of the City Council unless the city and the applicant agree in writing to another time.
3. Within fifteen (15) days following the conclusion of such hearing, the City Council shall issue a written decision on the appeal or application made. Unless the timeliness of such decision is waived by the applicant in writing, the failure of the City Council to timely issue a decision shall operate as an approval of the relief requested by the applicant. Such actual or imputed approval shall not relieve the applicant from complying with all other generally applicable requirements of the city relating to land use and otherwise.
4. Relief sought from the decision of the City Council under this section shall be subject to the provisions of the Rule 106(a)(4) of the Colorado Rules of Civil Procedure. Failure to request and exhaust the administrative procedure provided in this section shall preclude judicial review and shall be deemed to constitute an abandonment of any right or claim to an appeal under this section. (Ord. 2007-14 § 1 (part): Ord. 1997-13 § 1 (part))
17.35.040 Variance procedure for sexually oriented uses.
A. The City Council may grant a variance pursuant to a request for variance duly filed with the City Clerk upon a finding that, at the time of the filing of the hearing, no occupancy of any location is available to applicant for use as an adult oriented business through acquisition by purchase or lease along East Virginia Avenue, as contemplated in Section 17.12.040(C)(9), setting forth the location requirements for adult oriented uses in the city. For the purposes of this section, the applicant shall have the burden of proof to establish through diligent inquiry the unavailability of suitable property in compliance with the location requirements. Economic hardship incurred in locating and maintaining such use in compliance with the location requirements shall not constitute the basis of establishing unavailability under this section.
1. Upon receipt of the request for variance duly filed by the applicant for a variance, the City Council shall schedule a public hearing in conformance with the procedures set forth in Section 17.35.030, setting forth the procedures applicable to the appeals process.
2. In the event the City Council should, in consideration of the evidence presented at the public hearing, find that no location, as defined in this section, is available within the eating and entertainment subdistrict of the Regional Retail and Commercial Planned Unit Development District in compliance with the location requirements set forth in Section 17.12.040, the City Council shall grant a variance to the applicant to locate the adult oriented use within three hundred (300) feet of an existing adult oriented use within the eating and entertainment subdistrict. In the event that the applicant established that no location is available anywhere within the eating and entertainment subdistrict as required by this section, the City Council shall grant a special variance to locate in an otherwise appropriately commercially zoned location specifically identified in the request for variance not located within the eating and entertainment subdistrict. Such property shall be situated no closer than five hundred (500) feet from the property line of any existing residential use, church, school or park. Any variance granted under this subsection shall be applicable to the use not within the eating and entertainment subdistrict for a period of three (3) years, or the prior discontinuance of the adult oriented use at such location, whichever event shall first occur. No sooner than one hundred eighty (180) days prior to the expiration of the special variance having been granted to the applicant, the applicant may request a renewal of the special variance at the specific location at the special variance at the specific location prior granted. Such renewal application shall be subject to the procedures set forth Section 17.35.030 relating to the appeals procedure. The City Council shall grant additional periodic three (3) years renewals of the special variance upon establishment by competent evidence, presented by the applicant after diligent inquiry at each renewal hearing requested, of the absence of availability conforming to the location requirements as defined in Section 17.12.030, which would permit relocation of the business to achieve compliance with the requirements, and failing that, at any location within the eating and entertainment subdistrict.
3. Relief sought from the decision of the City Council shall be subject to the provisions of Rule 106(a)(4) of the Colorado Rules of Civil Procedure. Failure to request and exhaust the administrative procedure provided in this section shall preclude judicial review, and shall be deemed to constitute an abandonment of any right or claim to a variance under this section.
B. Notice. Any notice to be given to the city by the applicant, or to the applicant by the city under this section, shall be effective upon the mailing thereof to the attention of the City Manager, City of Glendale, 950 South Birch, Glendale, Colorado 80222; and to the applicant at the address set forth in any notice or request presented under this section; except that, for the purpose of the scheduling of any hearing by the City Council in accordance with Section 17.35.030, relating to appeals procedure, notice shall be effective upon actual receipt for filing by the City Clerk of the notice of appeal or request for variance. (Ord. 2007-14 § 1 (part): Ord. 1998-16 § 1; Ord. 1997-13 § 1 (part))
17.35.050 Building permit.
A. No building or sign shall be erected, occupied, moved or structurally altered until a building permit therefor has been issued by the Building Inspector, and no permit shall be issued unless the proposal is in full accordance with all applicable ordinances, laws, requirements and codes of the city and has been granted a zoning permit by the Zoning Administrator.
B. Application for a building permit shall be made to the Building Inspector on forms provided therefor.
C. If the proposed excavation, construction, moving or alteration as set forth in the application is in conformity with the provisions of this title and other ordinances and codes of the city, the Building Inspector shall issue a building permit and file a copy of same with the Zoning Administrator. (Ord. 2007-14 § 1 (part): Ord. 1997-13 § 1 (part))
17.35.060 Permit denial—Written notice.
If an application for a zoning permit or a building permit is not approved, the Zoning Administrator shall present in writing to the applicant a written statement detailing the reasons for such disapproval. (Ord. 2007-14 § 1 (part): Ord. 1997-13 § 1 (part))
17.35.070 Permits issued in conflict declared void.
Any zoning permit, special use permit or building permit issued in conflict with the provisions of this chapter shall be null and void, and may not be construed as waiving any provision of this title. (Ord. 2007-14 § 1 (part): Ord. 1997-13 § 1 (part))
17.35.080 Certificate of occupancy.
After the effective date of ordinance codified in this title, no change in the use of the land, nor any change of use or occupancy in an existing building, other than for residential use, shall be made, nor shall any use nor occupancy of a new building for any purpose be made until a certificate of occupancy has been issued by the city. (Ord. 2007-14 § 1 (part): Ord. 1997-13 § 1 (part))
17.35.090 Permits to be public record.
All zoning permits, building permits and certificates of occupancy records shall be kept on file in the office of the Zoning Administrator and shall be available for inspection by the public. (Ord. 2007-14 § 1 (part): Ord. 1997-13 § 1 (part))
17.35.100 Fee schedule for all developments.
A. The following review fee schedule shall apply to all land use developments within the city for which a listed approval is requested. New fees, and changes to the listed fees, shall be established by resolution of the Planning Commission.
|
Development Review Requested |
Deposit |
Fee |
|
|---|---|---|---|
|
Pre-application meeting |
None |
First two hours free then $100.00 per hour |
|
|
Planned unit development |
Valuation |
Deposit or $100.00 per hour for staff/consultant review, whichever is greater |
|
|
< $10,000 |
$500.00 |
||
|
$10,001 to $50,000 |
$1,000 |
||
|
$50,001 to $150,000 |
$2,000 |
||
|
$150,001 to $1 million |
$5,000 |
||
|
$1 million to $10 million |
$10,000 |
||
|
over $10 million |
$20,000 |
||
|
Special use or temporary use permits |
$500.00 |
$500.00 or $100.00 per hour for staff/consultant review, whichever is greater |
|
|
Variances and appeals |
$1,000 |
$1,000 deposit or $100.00 per hour for staff/consultant review, whichever is greater |
|
|
Site plan amendments |
Valuation |
Deposit or $100.00 per hour for staff/consultant review, whichever is greater |
|
|
< $10,000 |
$500.00 |
||
|
$10,001 to $50,000 |
$750.00 |
||
|
$50,001 to $150,000 |
$1,000 |
||
|
$150,001 to $1 million |
$2,500 |
||
|
$1 million to $10 million |
$7,500 |
||
|
over $10 million |
$15,000 |
||
|
Sign and building permits |
None |
As established by adopted UBC or $100.00 per hour for staff/consultant review, whichever is greater |
|
|
Right-of-way, utility dedications, or vacations not part of a plan approval process |
$500.00 |
$500.00 or $100.00 per hour for staff/consultant review, whichever is greater |
|
|
Zoning verification letters |
$100.00 |
$100.00 deposit or $100.00 per hour for staff/consultant review, whichever is greater |
|
B. Deposit Required. All applications for which a fee is required shall be accompanied by the appropriate deposit, in certified funds, payable to the city of Glendale, Colorado. Applications not accompanied by the appropriate deposit shall be considered incomplete and shall not be processed, nor shall any permit be issued until the deposit is paid. The deposit shall serve as security for payment of the actual cost to the city in providing the engineering, planning, surveying, and legal services rendered in connection with the review of the development.
C. Procedure. Upon payment of deposit, the city will initiate review of the development and will begin recording its charges for review of the application. For those applications for which only a deposit amount is listed in the chart in this section, the deposit amount shall be deemed the full cost of the city and will be retained by the city, regardless of whether the actual review time spent the city is greater or less than that amount. For those applications listed in the chart in this section for which a review fee is listed, the city will record its actual time and costs for staff and consultant review of the application, and will deduct those costs from the deposit on a monthly basis, and will send the applicant a statement. The monthly statement will show the amount of the deposit remaining after all charges have been paid. When the deposit has been exhausted, the city will commence invoicing the applicant for continuing review charges. The applicant shall pay the city the amount due on the statement within fifteen (15) days of the date of issuance of the statement. In the event the applicant fails to pay the amount due when required, the city shall immediately cease review and processing the development application until: (1) the statement is paid, or (2) the application is withdrawn.
D. Withdrawal—Refund. When the application has been withdrawn or fully processed (either to an approval or a denial), the city will refund to the applicant any funds remaining after all expenses incurred by the city have been paid (for those development approvals listed in this section for which a fee schedule, rather than only a deposit, is listed).
E. Multiple Applications. Each application for land use review must be accompanied by the required deposit. Multiple applications by the same applicant must be accompanied by the required deposit for each application. In the event any land development application is delinquent in the payment of deposit or review fees, the city shall cease processing all other applications currently pending from the same applicant, and shall not resume processing of new applications from that applicant until the delinquency has been paid.
F. The Zoning Administrator shall determine the expected valuation of the land development application for purposes of the applicable fee in Table 17.35.100. (Ord. 2007-14 § 1 (part): Ord. 2005-8 § 1; Ord. 1997-13 § 1 (part))