CHAPTER X
PLANNING, ZONING AND HOUSING

Section 10.1 Planning Commission -Organization and Qualifications.

a.    There is hereby created a City Planning Commission which shall consist of seven (7) members.

b.    The membership shall consist of two (2) persons appointed by the Council from its own membership as ex officio members and five (5) persons, not members of Council, who shall be appointed by the Council.

c.    All members of the Planning Commission shall be registered electors of the City.

d.    The appointed members, other than the ex officio members shall hold no other position with the City.

e.    The City Manager or his authorized representative shall serve in an advisory capacity to the Planning Commission.

f.    The compensation, if any, of the members of the Planning Commission shall be determined by Council, except that no Council member shall be given compensation, other than payment or reimbursement of bona fide expenses, as a member of the Planning Commission.

g.    The Planning Commission shall elect its chairman annually from among its members, and may adopt its own rules or procedure not inconsistent with this Charter or the ordinances of the City.

h.    Four (4) members shall constitute a quorum for the transaction of all Planning Commission business and the rendering of decisions. (Ord. 2022-1 § 3)

Section 10.2 Planning Commission — Term of Members and Vacancies.

a.    The terms of the ex officio members shall expire at each organizational meeting of Council.

b.    The term of each appointed regular member shall be three (3) years, except that of the three (3) members first appointed, one (1) shall be appointed for a term of one (1) year, one (1) for a two (2) year term and one (1) for three (3) years.

c.    Any vacancy during the unexpired term of a member shall be filled by Council appointment for the remainder of the term.

d.    A vacancy shall exist when any member dies, resigns; is removed for cause by a majority vote of the entire Council in office at the time the vote is taken; ceases to be a registered elector in the City.; is incapacitated to an extent which prohibits him from properly performing his duties as a member; absents himself from three (3) consecutive meetings of the Planning Commission without excuse given by a majority vote of the members of the Planning Commission present at the meeting at which the vacancy would otherwise be declared; is convicted by a Court of Law of any act constituting misconduct in office or constituting a felony; or is judicially declared mentally ill.

Section 10.3 Planning Commission — Powers, Duties and Functions.

a.    Subject to review and final approval by the Council, the Planning Commission shall have the following powers, duties and functions:

(1)    To make, amend, and add to the Master Plan for the physical development of the City as defined in Section 10.7.

(2)    To exercise control over platting and subdividing land within City and to be responsible for advising Council in this regard.

(3)    To be responsible for the existence of an official zoning ordinance and zoning map of the City and advise Council in this regard, including recommending changes thereto.

(4)    To conduct hearings and make recommendations to Council regarding proposed rezoning in the City.

(5)    To make and recommend, as provided in Section 10.9, plans for the clearing and rebuilding of slum districts and blighted areas within the City.

(6)    To request the City Manager to contract with City Planners and other consultants for services as it may require within its budget appropriations.

(7)    To make and adopt plans for the replanning, improvement, and redevelopment of areas in the City.

(8)    To be responsible for a major street plan for the City, including the acceptance and vacation of rights-of-way, and making recommendations to Council in this regard.

(9)    To exercise such powers, duties and functions not otherwise required by this Charter or by ordinance, as are set forth in the general law of Colorado for the Planning Commission.

b.    The Planning Commission shall meet as provided by Council.

c.    All meetings and records of the Planning Commission shall be open to the public. Minutes shall be kept of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating such fact.

d.    Minutes for the Planning Commission shall be kept by the City Clerk or his authorized representative unless otherwise provided by Council.

e.    The Planning Commission shall be responsible solely to the Council and shall not be considered a part of any City department.

Section 10.4 Zoning Board of Adjustment — Organization and Qualifications.

a.    There is hereby created a Zoning Board of Adjustment which shall consist of five (5) members.

b.    The membership shall consist of one (1) person appointed by Council from its membership as an ex officio member and four (4) persons, not members of Council, who shall be appointed by the Council.

c.    City Council shall appoint three (3) alternate members to serve in the absence of regular members, including the absence of the ex officio member.

d.    All members of the Zoning Board of Adjustment shall be registered electors of the City.

e.    The members, with the exception of the ex officio member, shall hold no other position with the City.

f.    The City Manager or his authorized representative shall serve in an advisory capacity to the Zoning Board of Adjustment.

g.    The compensation, if any, of the members of the Zoning Board of Adjustment shall be determined by Council, except that no Council member shall be given compensation, other than payment or reimbursement of bona fide expenses, as a member of the Zoning Board of Adjustment.

h.    The Zoning Board of Adjustment shall elect its chairman annually from among its members, and adopt its own rules and procedures not inconsistent with this Charter or the laws and ordinances of the city.

i.    Four (4) members shall constitute a quorum for the transaction of all Zoning Board of Adjustment business and the rendering of decisions. (Ord. 2022-1 § 3)

Section 10.5 Zoning Board of Adjustment — Term of Members and Vacancies.

a.    The term of the ex officio member shall expire at each organizational meeting of the Council.

b.    The term of each appointed regular member shall be three (3) years, except that, of the four (4) regular members first appointed, two (2) shall be appointed for three (3) years and two (2) for two (2) years.

c.    The term of each alternate member shall be three (3) years, except that, of the alternate members first appointed, two (2) shall be appointed for three (3) years and one (1) for two (2) years.

d.    Any vacancy during the unexpired term of a member shall be filled by Council appointment for the remainder of the term.

e.    A vacancy shall exist when any member dies, resigns; is removed for cause by a majority vote of the entire Council in office at the time the vote is taken; ceases to be a registered elector in the City; is incapacitated to an extent which prohibits him from properly performing his duties as a member; absents himself from three (3) consecutive meetings of the Planning Commission without excuse given by a majority vote of the members of the Planning Commission present at the meeting at which the vacancy would otherwise be declared; is convicted by a Court of Law of any act constituting misconduct in office or constituting a felony; or is judicially declared mentally ill.

Section 10.6 Zoning Board of Adjustment — Powers, Duties and Functions.

a.    The Zoning Board of Adjustment shall have the following powers, duties, and functions unless changed by ordinance under such principles, terms, conditions, and procedures as are provided by ordinance:

(1)    To hear and determine appeals from refusals of building permits.

(2)    To permit exceptions to or variations from the zoning ordinance.

(3)    To issue special permits and make conditional grants for use of property.

(4)    Exercise such powers, duties, and functions not otherwise required by this Charter or by ordinance, as are set forth in the general law of Colorado for the Zoning Board of Adjustment.

b.    The Zoning Board of Adjustment shall meet as provided by Council.

c.    All meetings and records of the Zoning Board of Adjustment shall be open to the public. Minutes shall be kept of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating such fact.

d.    Minutes for the Zoning Board of Adjustment shall be kept by the City Clerk or his authorized representative unless otherwise provided by Council.

e.    The Zoning Board of Adjustment shall not be considered a part of any City department and its decisions shall be final.

Section 10.7 Master Plan.

The Master Plan for the physical development of the City, with the accompanying maps, plats, charts, and descriptive and explanatory matter, shall show the Planning Commission’s recommendations for the development of the City and may include, among other things:

a.    The general location, character, and extent of streets, bridges, parks, waterways and other public ways, grounds and space.

b.    The general location of public buildings and other public property.

c.    The general location and extent of public utilities, whether publicly or privately owned.

d.    The removal, relocation, widening, extension, narrowing, vacating, abandonment, acquisition or change of use, of existing or future public ways, grounds, spaces, buildings, property or utilities.

e.    The general extent and location of public housing projects and slum clearing projects.

f.    A comprehensive zoning ordinance and zoning map adopted as provided in this Charter.

Section 10.8 Zoning Ordinance.

a.    For the purpose of promoting the health, safety and general welfare of the City, the Council may, by ordinance, regulate the location, height, bulk, and size of buildings and other structures; the size of yards, courts, and other open spaces; off-street parking; the density of population; and the uses of buildings, structures and land for trade, industry, business, residential, flood control or other purposes.

b.    Such ordinance may provide that the Zoning Board of Adjustment may, in appropriate cases and subject to appropriate principles, standards, rules, conditions, and safeguards, exercise functions, powers and duties permitted under authority of Section 10.6.

Section 10.9 Powers of City Council in Slum Clearance and Rehabilitation of Blighted Areas.

The Council may adopt, modify, and carry out plans proposed by the Planning Commission for clearance of slum districts and rehabilitation of blighted areas within the City. For the accomplishment of this purpose, Council may acquire by purchase or condemnation land, buildings, and other real property interests within the City; may establish, locate, rebuild and improve the streets and other public open spaces provided for in the plan; and upon such terms, conditions and restrictions as will substantially carry out and develop the plan, may maintain, operate, lease or sell said buildings, or any of them, and may sell the land, or any part thereof, designated for buildings and private open spaces.

Section 10.10 Public Housing.

The Council may provide, by ordinance, for public housing projects and authorities and authorize the acquisition, construction, reconstruction, alteration or repair of any such housing by the City. All property, both real and personal, acquired, owned, leased, rented or operated for public housing projects and authorities, shall be deemed public property held for public use and the providing of safe and sanitary housing is hereby declared to be a public use and public purpose.

Section 10.11 Zoning Procedure.

a.    Zoning of property or the change or modification of the zoning or property previously zoned may be initiated by the Planning Commission, City Manager, or the holder of any interest in the property that is the subject of the rezoning request.

b.    Zoning of property or the change or modification of the zoning on property previously zoned shall comply with the following procedure:

(1)    Notice of the public hearing for the initiated or requested zoning shall be given as provided by ordinance.

(2)    The Planning Commission shall conduct a public hearing concerning the initiated or requested zoning and within thirty (30) days, unless changed by ordinance, after said hearing make its written recommendations to to Council.

(3)    The Council shall conduct a public hearing concerning the initiated or requested zoning within thirty (30) days, unless changed by ordinance, after the City Clerk has received the written recommendations from the Planning Commission, which recommendations, along with the record of proceedings and exhibits, shall be a part of the Council records for its hearing.

(4)    Within thirty (30) days, unless changed by ordinance, after the Council hearing, the Council shall either zone the property by ordinance as initiated or requested or shall deny the initiated or requested zoning, setting out the reasons relied upon for denying the zoning.

(5)    A vote of not less than majority of the members of the Council in office at the time the vote is taken shall be required to overrule the recommendations of the Planning Commission on all votes taken on the zoning issue, including votes taken on the passage of a zoning ordinance. In the event the Planning Commission makes no recommendation, the zoning may be granted by the Council only upon the affirmative vote of not less than a majority of the members of Council in office at the time the vote is taken.

(6)    All original zoning or change or modification in zoning shall become effective on the effective date of the ordinance granting the zoning.

(7)    With the exception of the number of votes required for passage of a zoning ordinance, all other provisions of Chapter V shall apply in the passage of a zoning ordinance.

(8)    The procedure for original zoning of an area shall be the same as that for a change or modification of zoning of a zoned area.

(9)    The Council, by ordinance, may provide additional requirements for zoning or rezoning not inconsistent with the provisions of this Charter.

(10)    The Council is hereby granted and authorized to zone conditionally particular property and to impose reasonable conditions and requirements in conjunction with the zoning or rezoning of property, and in the event the conditions imposed by the Council for granting particular zoning are not complied with, the Council may revoke such zoning.

(11)    The Council, by ordinance, may provide for the restoration, reconstruction, extension or substitution of nonconforming uses of land, buildings, and structures upon such reasonable terms and conditions as it deems necessary.

(12)    The Council, by ordinance, may provide for the reasonable termination of nonconforming uses of land, buildings or structures by specifying the period of time in which nonconforming uses shall be required to cease; provided, however, in no event, shall the period for termination, of such nonconforming uses be less than the following:

(a)	Areas zoned industrial	10 years.
(b)	Areas zoned commercial	5 years.
(c)	Areas zoned agricultural	5 years.
(d)	Areas zoned residential	2 years.
(e)	Other zoned areas, if any	2 years.

Section 10.12 Regulation of Buildings and Structures.

a.    For the purpose of promoting the health, safety and general welfare of the City, the Council may, by ordinance, regulate the construction, erection and alteration of buildings and other structures in the City and may provide for compliance with reasonable requirements regarding such construction, erection or alteration prior to issuing any permit or license for the construction, alteration, erection or occupancy of any structure or building in the City, or may be contracted to County or State authorities.

b.    The Council may provide for the enforcement of the zoning ordinance, the master street plan, or the slum clearance plan by means of withholding permits or licenses provided for in this Section.