salida municipal code

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City of Salida Code Table of Contents Chapter 1 General Provisions Article I Code Article II Definitions and Usage Article III General Article IV General Penalty Article V Inspections Article VI Seal Article VII Administrative Citations Article VIII Procedures for Hearings Chapter 2 Administration and Personnel Article I Elections Article II Mayor and City Council Article III City Administration Article IV City Employees Article V Municipal Court Article VI Police Department Article VII Boards and Commissions Article VIII Planning Commission Article IX Board of Adjustment Article X Board of Appeals Article XI Historic Preservation Commission Article XII Tree Board Article XIII SteamPlant Commission Article XIV Recreation Advisory Board Article XV Civil Emergencies Chapter 4 Revenue and Finance Article I Fiscal Year Article II General, Special and Enterprise Funds Article III Sales Tax Article IV Telephone Occupation Tax Article V Disposition of Unclaimed Property Article VI Occupational Lodging Tax Article VII Municipal Liens Chapter 5 Franchises and Communication Systems Article I Franchises Article II Emergency Telephone Charges Chapter 6 Business Licenses and Regulations Article I Alcoholic Beverages Article II Multiple Vendor Event Permit Article III Marijuana Article IV Arborist License

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Complete code for the City of Salida, Colorado.

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Page 1: Salida Municipal Code

 

 

City of Salida

Code Table of Contents

Chapter 1 General Provisions Article I Code Article II Definitions and Usage Article III General Article IV General Penalty Article V Inspections Article VI Seal Article VII Administrative Citations Article VIII Procedures for Hearings Chapter 2 Administration and Personnel Article I Elections Article II Mayor and City Council Article III City Administration Article IV City Employees Article V Municipal Court Article VI Police Department Article VII Boards and Commissions Article VIII Planning Commission Article IX Board of Adjustment Article X Board of Appeals Article XI Historic Preservation Commission Article XII Tree Board Article XIII SteamPlant Commission Article XIV Recreation Advisory Board Article XV Civil Emergencies Chapter 4 Revenue and Finance Article I Fiscal Year Article II General, Special and Enterprise Funds Article III Sales Tax Article IV Telephone Occupation Tax Article V Disposition of Unclaimed Property Article VI Occupational Lodging Tax Article VII Municipal Liens Chapter 5 Franchises and Communication Systems Article I Franchises Article II Emergency Telephone Charges Chapter 6 Business Licenses and Regulations Article I Alcoholic Beverages Article II Multiple Vendor Event Permit Article III Marijuana Article IV Arborist License

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Updated December 27, 2013
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Chapter 7 Health, Sanitation and Animals Article I Administration and Abatement of Nuisances Article II Nuisances Article III Garbage Article IV Weeds, Brush, Noxious Plants, and Trees Article V Animals Chapter 8 Vehicles and Traffic Article I Model Traffic Code Article II Traffic Regulations Article III Abandoned and Inoperable Vehicles Chapter 10 General Offenses Article I General Provisions Article II Government and Public Officers Article III Streets and Public Places Article IV Public, Private and Personal Property Article V Public Peace, Order and Decency Article VI Minors Article VII Alcoholic Beverages and Drugs Article VIII Weapons Article IX Noise Control Article X Miscellaneous Offenses Article XI Smoking in Public Places Chapter 11 Streets, Sidewalks and Public Property Article I General Provisions Article II Sidewalks and Curbcuts Article III Construction and Excavations Article IV Encroachments Article V Trees Article VI Parks and Recreation Article VII SteamPlant Event Center and Scout Hut Chapter 13 Municipal Utilities Article I Water and Wastewater Enterprise Article II Water and Wastewater Regulations Article III Water and Wastewater Fees, Rates and Charges Article IV Cross-Connection Control Article V Watershed Protection Chapter 16 Land Use and Development Article I General Provisions Article II Administration and Enforcement Article III Application and Review Procedures Article IV Zoning Article V Zoning Overlays Article VI Subdivision Article VII Planned Developments Article VIII Design Standards Article IX Annexation

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Article X Sign Standards Article XI Flood Control Article XII Historic Preservation Chapter 18 Building Regulations Article I Building Code Article II Residential Code Article III Fire Code Article IV Existing Building Code Article V Plumbing Code Article VI Mechanical Code Article VII Electrical Code Article VIII Appeals Process Article IX Enforcement Article X Board of Appeals Article XI House Numbers Article XII Fuel Gas Code Article XIII Energy Conservation Code Article XIV Property Maintenance Code Article XV Building Permit Administration

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CHAPTER 1

General Provisions

Article I Code

Sec. 1-1-10 Adoption of Code Sec. 1-1-20 Title and scope Sec. 1-1-30 Reference applies to amendments Sec. 1-1-40 Code supersedes prior ordinances Sec. 1-1-50 Adoption of secondary codes by reference Sec. 1-1-60 Repeal of ordinances not contained in Code Sec. 1-1-70 Matters not affected by repeal Sec. 1-1-80 Ordinances saved from repeal Sec. 1-1-90 Changes in previously adopted ordinances

Article II Definitions and Usage

Sec. 1-2-10 Definitions Sec. 1-2-20 Rules of construction Sec. 1-2-30 Computation of time Sec. 1-2-40 Usage of terms Sec. 1-2-50 Grammatical interpretation

Article III General

Sec. 1-3-10 Titles and headings not part of Code Sec. 1-3-20 Title of office Sec. 1-3-30 Authorized acts Sec. 1-3-40 Purpose of Code Sec. 1-3-50 Repeal of ordinances Sec. 1-3-60 Publication of ordinances Sec. 1-3-70 Amendments to Code Sec. 1-3-80 Supplementation of Code Sec. 1-3-90 Copy of Code on file Sec. 1-3-100 Severability

Article IV General Penalty

Sec. 1-4-10 Violations Sec. 1-4-20 General penalty for violation Sec. 1-4-30 Application of penalties to juveniles Sec. 1-4-40 Altering or tampering with Code; penalty Sec. 1-4-50 Penalty for violations of ordinances adopted after adoption of Code Sec. 1-4-60 Interpretation of unlawful acts Sec. 1-4-70 Administrative fees and charges

Article V Inspections

Sec. 1-5-10 Entry Sec. 1-5-20 Authority to enter premises under emergency

Article VI Seal

Sec. 1-6-10 Corporate seal

Article VII Administrative Citations Sec. 1-7-10 Administrative citations designated Sec. 1-7-20 Procedures Sec. 1-7-30 Appeal of administrative citation Sec. 1-7-40 Administrative enforcement order Sec. 1-7-50 Penalties assessed Sec. 1-7-60 Failure to pay penalties

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Article VIII Procedures for Hearings

Sec. 1-8-10 Purpose and applicability Sec. 1-8-20 Quasi-judicial hearings Sec. 1-8-30 Rules of procedure Sec. 1-8-40 Order of procedure Sec. 1-8-50 Deliberation and notice of decision Sec. 1-8-60 Judicial enforcement and review

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ARTICLE I

Code

Sec. 1-1-10. Adoption of Code.

This published Code shall be known and cited as the Salida Municipal Code, and is hereby published by Colorado Code Publishing Company, of which one (1) copy is now on file in the office of the City Clerk and may be inspected during regular business hours. Said Code is hereby enacted and adopted by reference as a primary code and incorporated herein as if set out at length. This primary code has been promulgated by the City of Salida, Colorado, as a codification of all the ordinances of the City of Salida of a general and permanent nature through Ordinance No. 01, 2005, for the purpose of providing an up-to-date code of ordinances, properly organized and indexed, in published form for the use of the citizens and officers of the City. (Prior code 1-1-1; Ord. 01, 2005 §1)

Sec. 1-1-20. Title and scope.

This Code constitutes a compilation, revision and codification of all the ordinances of the City of Salida, Colorado, of a general and permanent nature, and shall be known as the Salida Municipal Code. (Ord. 01, 2005 §1)

Sec. 1-1-30. Code supersedes prior ordinances.

This Code shall supersede all other municipal codes consisting of compilations of general and permanent ordinances and parts of ordinances passed by the City Council. (Ord. 01, 2005 §1)

Sec. 1-1-40. Adoption of secondary codes by reference.

Secondary codes may be adopted by reference, as provided by state law. (Ord. 01, 2005 §1)

Sec. 1-1-50. Repeal of ordinances not contained in Code.

All existing ordinances and portions of ordinances of a general and permanent nature which are inconsistent with any ordinance included in the adoption of this Code are hereby repealed to the extent of any inconsistency therein as of the effective date of the ordinance adopting this Code, except as hereinafter provided. (Ord. 01, 2005 §1)

Sec. 1-1-60. Matters not affected by repeal.

The repeal of ordinances and parts of ordinances of a permanent and general nature by Section 1-1-50 of this Code shall not affect any offense committed or act done, any penalty or forfeiture incurred or any contract, right or obligation established prior to the time said ordinances and parts of ordinances are repealed. (Prior code 1-2-3; Ord. 01, 2005 §1)

Sec. 1-1-70. Ordinances saved from repeal.

The continuance in effect of temporary and/or special ordinances and parts of ordinances, although omitted from this Code, shall not be affected by such omission therefrom, and the adoption of this Code shall not repeal or amend any such ordinance or part of any such ordinance. Among the ordinances not repealed or amended by the adoption of this Code are ordinances:

(1) Levying a temporary tax or fixing a temporary tax rate.

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(2) Appropriating money.

(3) Annexing territory to or excluding territory from the City.

(4) Granting rights-of-way or other rights and privileges to specific railroad companies or other public carriers.

(5) Granting a specific gas company or other public utility the right or privilege of constructing lines in the streets and alleys or of otherwise using the streets and alleys.

(6) Granting a franchise to a specific public utility company or establishing rights for or otherwise regulating a specific public utility company.

(7) Approving or authorizing specific contracts with the State, with other governmental bodies or with others.

(8) Relating to salaries.

(9) Establishing, creating, opening, dedicating, naming, renaming vacating or closing specific streets, alleys or other public ways.

(10) Creating specific sewer and paving districts and other local improvement districts.

(11) Authorizing or relating to specific issuances of local improvement district or general obligation bonds.

(12) Relating to specific elections.

(13) Relating to the specific lease, sale or purchase of property.

(14) Establishing the grades or lines of specific streets, sidewalks and other public ways.

(15) Making special assessments for local improvement districts and authorizing refunds from specific local improvement district bond proceeds.

(16) Dedicating or accepting any specific plat or subdivision.

(17) Authorizing specific contracts for purchase or beneficial use of water by the City.

(18) Amending the Official Zoning Map. (Prior code 1-2-1; Ord. 01, 2005 §1)

Sec. 1-1-80. Changes in previously adopted ordinances.

In compiling and preparing the ordinances of the City for adoption and revision as part of this Code, certain grammatical changes and other changes were made in one (1) or more of said ordinances. It is the intention of the City Council that all such changes be adopted as part of this Code as if the ordinances so changed had been previously formally amended to read as such. (Ord. 01, 2005 §1)

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ARTICLE II

Definitions and Usage

Sec. 1-2-10. Definitions.

Whenever the following words or terms are used in the ordinances of the City of Salida and/or in this Code, they shall have the meanings herein ascribed to them, unless a different meaning is intended from the context or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases:

Agent means a person acting on behalf of another.

Child means a person under the age of eighteen (18) years.

City means the City of Salida, County of Chaffee, State of Colorado, or the area within the territorial limits of the City of Salida, Colorado, and such territory outside of the City over which the City has jurisdiction or control by virtue of any constitutional or statutory provision.

City Council means the City Council of the City of Salida.

Code means the Salida Municipal Code as published and subsequently amended, unless the context requires otherwise.

County means the County of Chaffee, State of Colorado.

C.R.S. means the Colorado Revised Statutes, including all amendments thereto.

Fee means a sum of money charged by the City for the carrying on of a business, profession or occupation.

Law denotes applicable federal law, the Constitution and statutes of the State of Colorado, the ordinances of the City and, when appropriate, any and all rules and regulations which may be promulgated thereunder.

May is permissive.

Misdemeanor, as used in this Code, means and is to be construed as any violation of this Code for which the Municipal Court may impose a penalty; and any person convicted by the Municipal Court of committing a misdemeanor, as defined in various provisions of this Code, may be fined or imprisoned as set forth in this Code.

Month means a calendar month.

Nuisance means anything offensive or obnoxious to the health and welfare of the inhabitants of the City; or any act or thing creating a hazard to or having a detrimental effect on the property of another person or the community.

Oath shall be construed to include an affirmation or declaration in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words swear and sworn shall be equivalent to the words affirm and affirmed.

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Occupant, as applied to a building or land, shall include any person who occupies the whole or any part of such building or land, whether alone or with others.

Offense means any act forbidden by any provision of this Code or the omission of any act required by the provisions of this Code.

Operator means the person who is in charge of any operation, business or profession.

Ordinance means a law of the City; provided that a temporary or special law, administrative action, order or directive may be in the form of a resolution.

Owner, applied to a building, land, motorized vehicle, animal or other real or personal property, includes any part owner, joint owner, tenant in common, joint tenant, tenant by the entirety or any other person with a possessory interest in the whole or a part of said building, land, motor vehicle, animal or other real or personal property.

Person means natural person, joint venture, joint stock company, corporation, firm, partnership, association, club, company, business, trust, organization, government or any other group acting as a unit, or the manager, lessee, agent, servant, officer or employee of any of them.

Personal property includes every description of money, goods, chattels, effects, evidence of rights in action and all written instruments by which any pecuniary obligation, right or title to property is created, acknowledged, transferred, increased, defeated, discharged or diminished and every right of interest therein.

Preceding and following mean next before and next after, respectively.

Property includes real and personal property.

Real property includes lands, tenements and hereditaments.

Shall and must are both mandatory.

Sidewalk means that portion of a street between the curbline and the adjacent property line intended for the use of pedestrians.

State means the State of Colorado.

Street includes all streets, highways, avenues, alleys, lanes, courts, boulevards, squares, places, curbs, sidewalks or other public ways in the City which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this State.

Tenant and occupant, applied to a building or land, includes any person who occupies all or a part of such building or land, whether alone or with others.

Written includes printed, typewritten, mimeographed, multigraphed or otherwise reproduced in permanent visible form.

Year means a calendar year. (Prior code 1-3-2; Ord. 01, 2005 §1)

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Sec. 1-2-20. Computation of time.

The time within which an act is to be done shall be computed by excluding the first and including the last day; but if the time for an act to be done shall fall on Saturday, Sunday or a legal holiday, the act shall be done upon the next regular business day following such Saturday, Sunday or legal holiday. (Ord. 01, 2005 §1)

Sec. 1-2-30. Title of office.

Use of the title of any officer, employee, department, board or commission means that officer, employee, department, board or commission of the City, or his or her designated representative. (Prior code 1-3-2; Ord. 01, 2005 §1)

Sec. 1-2-40. Usage of terms.

All words and phrases shall be construed and understood according to the common and approved usage of the language; however, technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such peculiar and appropriate meaning. (Ord. 01, 2005 §1)

Sec. 1-2-50. Grammatical interpretation.

The following grammatical rules shall apply to this Code and to City ordinances:

(1) Any gender includes the other genders.

(2) The singular number includes the plural and the plural includes the singular.

(3) Words used in the present tense include the past and future tenses and vice versa, unless manifestly inapplicable.

(4) Words and phrases not specifically defined shall be construed according to the context and approved usage of the language. (Prior code 1-3-1; Ord. 01, 2005 §1)

ARTICLE III

General

Sec. 1-3-10. Titles and headings not part of Code.

Chapter and Article titles, headings, numbers and titles of sections and other divisions in this Code or in supplements made to this Code are inserted in this Code, may be inserted in supplements to this Code for the convenience of persons using this Code, and are not part of this Code. (Prior code 1-3-3; Ord. 01, 2005 §1)

Sec. 1-3-20. Authorized acts.

When this Code requires an act to be done which may as well be done by an agent, designee or representative as by the principal, such requirement shall be construed to include all such acts performed when done by an authorized agent, designee or representative. (Ord. 01, 2005 §1)

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Sec. 1-3-30. Prohibited acts.

Whenever in this Code or any City ordinance any act or omission is made unlawful, it includes causing, allowing, permitting, aiding, abetting, suffering or concealing the fact of such act or omission. (Ord. 01, 2005 §1)

Sec. 1-3-40. Purpose of Code.

The provisions of this Code, and all proceedings under them, are to be construed with a view to effect their objectives and to promote justice. (Ord. 01, 2005 §1)

Sec. 1-3-50. Repeal of ordinances.

The repeal of an ordinance shall not repeal the repealing clause of such ordinance or revive any ordinance which has been repealed thereby. (Ord. 01, 2005 §1)

Sec. 1-3-60. Publication of ordinances.

(a) All ordinances, as soon as possible after their passage, shall be recorded by the City Clerk in a book kept for that purpose, and authenticated by the signature of the Mayor and City Clerk.

(b) All ordinances of a general or permanent nature, and those imposing any fine, penalty or forfeiture, shall be published before and after passage in the manner provided by law in a newspaper published within and of general circulation in the City. Due proof of such publication, by an affidavit of the printer or publisher of such paper, shall be provided by the City Clerk upon demand therefor and attached to the ordinance or written or attached upon the face of the record of such ordinance.

(c) Such ordinances shall not take effect until thirty (30) days after such publication, except for ordinances calling for special elections or necessary for the immediate preservation of the public peace, health and safety and containing the reasons making the same necessary in a separate section. The excepted ordinances shall take effect upon their final passage and adoption and the approval and signature of the Mayor, if they are adopted by an affirmative vote of three-fourths (3/4) of the members of the City Council. (Prior code 1-10-2; Ord. 01, 2005 §1)

Sec. 1-3-70. Amendments to Code.

Any ordinance amending this Code shall set forth the chapter, article and section number of the section to be amended, and this shall constitute sufficient compliance with any statutory requirement pertaining to the amendment or revision by ordinance of any part of this Code. All of the substantive, permanent and general parts of said ordinances and changes made thereby shall be inserted and made in this Code as provided in Section 1-3-80 hereof. (Prior code 1-1-3; Ord. 01, 2005 §1)

Sec. 1-3-80. Supplementation of Code.

(a) The City Council shall cause supplementation of this Code to be prepared and printed from time to time as it may see fit. All substantive, permanent and general parts of ordinances passed by the City Council or adopted by initiative and referendum, and all amendments and changes in temporary and special ordinances or other measures included in this Code prior to the supplementation and since the previous supplementation, shall be included.

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(b) It shall be the duty of the City Clerk, or someone authorized and directed by the City Clerk, to keep up to date the one (1) certified copy of the book containing this Code required to be filed in the office of the City Clerk for the use of the public.

(c) The City Clerk shall see that the replacement pages are properly inserted in the official copies maintained in the office of the City Clerk. Any person having in his or her custody an official copy of the Code shall make every effort to maintain said Code in an up-to-date and efficient manner. He or she shall see to the immediate insertion of new or replacement pages when such are delivered or made available to him or her through the office of the City Clerk. Said code books, while in actual possession of officials and other interested persons, shall be and remain the property of the City and shall be returned to the office of the City Clerk when the holder of said code book is directed to do so by order of the City Council. (Prior code 1-1-4; Ord. 01, 2005 §1)

Sec. 1-3-90. Examination of Code.

The Mayor and City Clerk shall carefully examine at least one (1) copy of the Code adopted by this ordinance to see that it is a true and correct copy of this Code. Similarly, after each supplement has been prepared, printed and inserted in this Code, the Mayor and City Clerk shall carefully examine at least one (1) copy of this Code as supplemented. The copy of this Code as originally adopted or amended shall constitute the permanent and general ordinances of the City and shall be so accepted by the courts of law, administrative tribunals and all others concerned, except the excluded ordinances enumerated in Section 1-1-70 of this Chapter. (Prior code 1-1-2; Ord. 01, 2005 §1)

Sec. 1-3-100. Copy of Code on file.

At least one (1) copy of this Code so certified and sealed most recently shall be kept in the office of the City Clerk at all times, and such Code may be inspected by any interested person at any time during regular office hours, but may not be removed from the City Clerk's office except upon proper order of a court of law. (Ord. 01, 2005 §1)

Sec. 1-3-110. Sale of Code books.

Copies of this Code book may be purchased from the City Clerk upon the payment of a fee to be set by resolution of the City Council. (Ord. 01, 2005 §1)

Sec. 1-3-120. Severability.

The provisions of this Code are declared to be severable, and if any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Code or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, the remainder of this Code shall continue in full force and effect, it being the legislative intent that this Code would have been adopted even if such unconstitutional matter had not been included therein. It is further declared that, if any provision or part of this Code, or the application thereof to any person or circumstances, is held invalid, the remainder of this Code and the application thereof to other persons shall not be affected thereby. (Prior code 1-2-4; Ord. 01, 2005 §1)

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ARTICLE IV

General Penalty

Sec. 1-4-10. Violations.

It is a violation of this Code for any person to do any act which is forbidden or declared to be unlawful or to fail to do or perform any act required in this Code. (Ord. 01, 2005 §1)

Sec. 1-4-20. General penalty for violation.

Any person who violates or fails to comply with any provision of this Code for which a different penalty is not specifically provided shall, upon conviction thereof, be punished by a fine in an amount not to exceed one thousand dollars ($1,000.00) and/or imprisonment for a term not to exceed one (1) year, except as hereinafter provided in Section 1-4-30. In addition, such person shall pay court costs. Each day such violation continues shall be considered a separate offense. (Prior code 1-4-1; Ord. 01, 2005 §1)

Sec. 1-4-30. Application of penalties to juveniles.

(a) A juvenile is a person who, at the time of commission of the offense, was at least ten (10) but not yet eighteen (18) years of age. The Municipal Court shall have jurisdiction over violations by juveniles. Every juvenile who is subsequently convicted of or pleads guilty or nolo contendere to, a violation of any provision of this Code, shall be punished by a fine of not more than one thousand dollars ($1,000.00) per violation or count.

(b) The Municipal Court shall not impose upon juveniles a jail sentence, except for the violation of traffic regulations and contempt of court. The Municipal Court may impose fines upon juveniles and the Municipal Court may order juveniles to perform useful public service. The Municipal Court may find juveniles in contempt of court for failure to obey a court order, including a court order to perform useful public service. The Municipal Court may impose a jail sentence upon a juvenile for contempt of court. A jail sentence imposed upon a juvenile shall be served in an authorized juvenile detention facility or in a temporary holding facility as defined by state law. Each sentence imposed shall be for a term not to exceed forty-eight (48) hours. One (1) jail sentence may be imposed for each traffic violation or each and every act of contempt of which a juvenile is found to be guilty. Failure to pay a fine imposed as penalty by the Municipal Court shall be deemed contempt of court and may be punished as contempt of court.

(c) Any voluntary plea of guilty or nolo contendere to the original charge or to a lesser or substituted charge shall subject the person so pleading to all fines and/or penalties applicable to the original charge. (Prior code 1-4-2; Ord. 01, 2005 §1)

Sec. 1-4-40. Application of provisions.

(a) The penalty provided in this Article shall be applicable to every section of this Code the same as though it were a part of each and every separate section. Any person convicted of a violation of any section of this Code where any duty is prescribed or obligation imposed, or where any action which is of a continuing nature is forbidden or is declared to be unlawful, shall be deemed guilty of a misdemeanor. A separate offense shall be deemed committed upon each day such duty or obligation remains unperformed or such act continues, unless otherwise specifically provided in this Code.

(b) In all cases where the same offense is made punishable or is created by different clauses or sections of this Code, the prosecuting officer may elect under which to proceed; but not more than one (1)

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recovery shall be had against the same person for the same offense; provided that the revocation of a license or permit shall not be considered a recovery or penalty so as to bar any other penalty being enforced.

(c) Whenever the doing of any act or the omission to do any act constitutes a breach of any section or provision of this Code and there is no fine or penalty specifically declared for such breach, the provisions of this Article shall apply. (Prior code 1-4-3; Ord. 01, 2005 §1)

Sec. 1-4-50. Liability of officers.

(a) No provision of this Code designating the duties of any officer or employee shall be so construed as to make such officer or employee liable for any fine or penalty provided for a failure to perform such duty, unless the intention of the City Council to impose such fine or penalty on such officer or employee is specifically and clearly expressed in the section creating the duty.

(b) In the event that a lawsuit is brought in any court against any City officer or employee for acts or omissions of said officer or employee occurring during the course of his or her employment or during the course of performing his or her duties for the City, the City shall provide the legal defense for said employee if he or she so desires; however, said defense shall be provided in such manner as prescribed by the City Council. Nothing in this Subsection shall require an officer or employee to be defended by the City as provided for herein.

(c) Nothing in this Section shall be deemed to override the provisions of Title 24, Article 10, C.R.S., with respect to the City's liability for the conduct of officers or employees or for the payment of judgments rendered against its officers or employees. (Prior code 1-4-5; Ord. 01, 2005 §1)

Sec. 1-4-60. Limitations of actions.

No prosecution for the violation of any ordinance or any provision of this Code shall be commenced more than one (1) year after the violation is committed. However, the one-year period shall be tolled by the absence of the defendant from the City and shall further be tolled by all events and circumstances which would toll the statute of limitations applied to criminal prosecutions in the state courts as defined by state statute or common law. (Prior code 1-4-6; Ord. 01, 2005 §1)

Sec. 1-4-70. Altering or tampering with Code; penalty.

Any person who shall alter, change or amend this Code, except in the manner prescribed in this Article, or who shall alter or tamper with this Code in any manner so as to cause the ordinances of the City to be misrepresented thereby, shall, upon conviction thereof, be punishable as provided by Section 1-4-20 hereof. (Prior code 1-1-4; Ord. 01, 2005 §1)

Sec. 1-4-80. Penalty for violations of ordinances adopted after adoption of Code.

Any person who shall violate any provision of any ordinance of a permanent and general nature passed or adopted after adoption of this Code, either before or after it has been inserted in this Code by a supplement, shall, upon conviction thereof, be punishable as provided by Section 1-4-20 unless another penalty is specifically provided for the violation. (Ord. 01, 2005 §1)

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Sec. 1-4-90. Insufficient check charge.

Checks returned for insufficient funds will result in a additional charge of nineteen dollars ($19.00) being added to the amount due for such check. The returned check will be required to be by money order or cash. (Ord. 01, 2005 §1)

Sec. 1-4-100. Interpretation of unlawful acts.

Whenever in this Code any act or omission is made unlawful, it is also unlawful to cause, allow, permit, aid, abet or suffer such unlawful act or omission. Concealing or in any manner aiding in the concealing of any unlawful act or omission is similarly unlawful. (Ord. 01, 2005 §1)

ARTICLE V

Inspections

Sec. 1-5-10. Entry.

Whenever necessary to make an inspection to enforce any provision of this Code or any ordinance, or whenever there is probable cause to believe that there exists an ordinance violation in any building or upon any premises within the jurisdiction of the City, any public inspector of the City may, upon presentation of proper credentials and upon obtaining permission of the occupant or if unoccupied, the owner, enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon him or her by ordinance. In the event the occupant, or if unoccupied, the owner, refuses entry to such building or premises, or the public inspector is unable to obtain permission of such occupant or owner to enter such building or premises, the public inspector is empowered to seek assistance from any court of competent jurisdiction in obtaining such entry. (Ord. 01, 2005 §1)

Sec. 1-5-20. Authority to enter premises under emergency.

Law enforcement officers certified with the State, members of the Fire Department, other fire departments operating under a mutual assistance agreement or automatic aid agreement with the City, certified emergency medical technicians and paramedics during the course of employment with a governmental agency are hereby granted the authority to enter private residences within the City without invitation from the occupant of the residence at any time such person has reasonable grounds to believe a medical emergency is in progress within the subject premises and the occupant of such premises is incapable of consenting to the entry because of such medical emergency. (Ord. 01, 2005 §1)

Sec. 1-5-30. Announcement of purpose and authority to enter premises.

Unauthorized entry pursuant to Section 1-5-20 shall be permissible only after the individuals seeking entry have announced both their purpose and authority in a loud and conspicuous voice and have waited a reasonable period of time for the occupant to respond before making entry. (Ord. 01, 2005 §1)

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ARTICLE VI

Seal

Sec. 1-6-10. Corporate seal.

(a) Description. The common seal of the City shall be of circular shape, in the center of which shall be the word SEAL engraved thereon, and the words CITY OF SALIDA, COLORADO surrounding the word SEAL and around the margin of said seal engraved upon the face thereof in Roman capitals. Said seal above described is hereby established and declared to be the Seal of the City.

(b) Custody and use of seal. The seal shall be kept in the office of the City Clerk, who shall be the custodian thereof. It shall be the duty of the City Clerk to affix said seal to all transcripts, orders or certificates which it may be necessary or proper to authenticate under the provisions of state statute or any ordinance of the City. Said seal shall be affixed to every contract, warrant, license or other instrument requiring the seal of the City under any state law or any ordinance of the City. (Prior code 1-10-1; Ord. 01, 2005 §1)

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CHAPTER 1

GENERAL PROVISIONS

ARTICLE I

Code 1-1-10. Adoption of Code. The published code known as the Salida Municipal Code is enacted and adopted by reference as a primary code and incorporated herein as if set out at length. This primary code has been promulgated by the City of Salida, Colorado, as a codification of all the ordinances of the City of Salida of a general and permanent nature. 1-1-20. Title and scope. This Code constitutes a compilation, revision and codification of all the ordinances of the City of Salida, Colorado, of a general and permanent nature, and shall be known as the Salida Municipal Code. 1-1-30. Reference applies to amendments. Whenever a reference is made to this Code as the Salida Municipal Code, to any portion thereof or to any ordinance of the City, the reference shall apply to all amendments, corrections and additions heretofore, now or hereafter made. 1-1-40. Code supersedes prior ordinances. This Code shall supersede all other municipal codes consisting of compilations of general and permanent ordinances and parts of ordinances passed by the City Council. 1-1-50. Adoption of secondary codes by reference. Secondary codes may be adopted by reference, as provided by state law. 1-1-60. Repeal of ordinances not contained in Code. All existing ordinances and portions of ordinances of a general and permanent nature which are inconsistent with any ordinance included in the adoption of this Code are hereby repealed to the extent of any inconsistency therein as of the effective date of the ordinance adopting this Code, except as hereinafter provided. 1-1-70. Matters not affected by repeal. The repeal of ordinances and parts of ordinances of a permanent and general nature by Section 1-1-60 of this Code shall not affect any offense committed or act done, any penalty or forfeiture incurred or any contract, right or obligation established prior to the time said ordinances and parts of ordinances are repealed. 1-1-80. Ordinances saved from repeal.

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(a) The continuance in effect of temporary and/or special ordinances and parts of ordinances, although omitted from this Code, shall not be affected by such omission therefrom, and the adoption of this Code shall not repeal or amend any such ordinance or part of any such ordinance. Among the ordinances not repealed or amended by the adoption of this Code are ordinances: (1) Levying a temporary tax or fixing a temporary tax rate. (2) Appropriating money. (3) Annexing territory to or excluding territory from the City. (4) Granting rights-of-way or other rights and privileges to specific railroad companies or other public carriers. (5) Granting a specific gas company or other public utility the right or privilege of

constructing lines in the streets and alleys or of otherwise using the streets and alleys. (6) Granting a franchise to a specific public utility company or establishing rights for or

otherwise regulating a specific public utility company. (7) Approving or authorizing specific contracts with the State, with other governmental

bodies or with others. (8) Relating to salaries. (9) Establishing, creating, opening, dedicating, naming, renaming vacating or closing

specific streets, alleys or other public ways. (10) Creating specific sewer and paving districts and other local improvement districts. (11) Authorizing or relating to specific issuances of local improvement district or general

obligation bonds. (12) Relating to specific elections. (13) Relating to the specific lease, sale or purchase of property. (14) Establishing the grades or lines of specific streets, sidewalks and other public ways. (15) Making special assessments for local improvement districts and authorizing refunds from

specific local improvement district bond proceeds. (16) Dedicating or accepting any specific plat or subdivision. (17) Authorizing specific contracts for purchase or beneficial use of water by the City. (18) Amending the Zoning Map. (b) All such ordinances and resolutions are hereby recognized as continuing in full force and effect to the same extent as if set out at length herein.

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1-1-90. Changes in previously adopted ordinances. In compiling and preparing the ordinances of the City for adoption and revision as part of this Code, certain grammatical changes and other changes were made in one (1) or more of said ordinances. It is the intention of the City Council that all such changes be adopted as part of this Code as if the ordinances so changed had been previously formally amended to read as such.

ARTICLE II

Definitions and Usage

1-2-10. Definitions. Whenever the following words or terms are used in the ordinances of the City of Salida and/or in this Code, they shall have the meanings herein ascribed to them, unless a different meaning is intended from the context or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases: Accessory dwelling unit means means a separate, complete, dwelling unit containing separate

facilities for sleeping, cooking, and sanitation that is contained within or attached to a detached single-family dwelling or duplex dwelling, or detached from it on the same property.

Building Official means the building code inspector for the City of Salida. Child means a person under the age of eighteen (18) years City means the City of Salida, County of Chaffee, State of Colorado, or the area within the

territorial limits of the City of Salida, Colorado, and such territory outside of the City over which the City has jurisdiction or control by virtue of any constitutional or statutory provision.

City Administrator means the City Administrator of the City of Salida or his/her designee. City Council means the City Council of the City of Salida. City Engineer means the City Engineer of the City of Salida. City property means any dedicated public right-of-way or property owned by the City. Code means the Salida Municipal Code as published and subsequently amended, unless the

context requires otherwise. Comprehensive Plan means that plan and amendments thereto for the City which provides

objectives, guiding principles and recommended actions to guide the current and long-range development of the City.

County means the County of Chaffee, State of Colorado. C.R.S. means the Colorado Revised Statutes, including all amendments thereto. Developer means any person who participates in any manner in the improvements or

development of land as owner, subdivider, or in any other capacity.

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Dwelling unit means a building, or any portion of a building, designed for permanent occupancy as complete, independent living quarters for one or more persons, having direct access from the outside of the building or through a common hall, and having sleeping, cooking, and sanitation facilities for the exclusive use of the occupants.

Equivalent residential unit (EQR) means an equivalent residential unit which reflects the water

demand and wastewater discharge of a detached residential unit. Fire Department means the City of Salida Fire Department. Law denotes applicable federal law, the Constitution and statutes of the State of Colorado, the

ordinances of the City and, when appropriate, any and all rules and regulations which may be promulgated thereunder.

Marijuana shall have the same meaning as “usable form of marijuana” as set forth in Amendment

20, or as may be more fully defined in any applicable law or regulation. May is permissive. Medical marijuana center shall have the same meaning as set forth at C.R.S. §12-43.3.-104(8), as

may be amended. Medical marijuana infused products shall have the same meaning as set forth at C.R.S. §12-

43.3.104(9), as may be amended. Medical marijuana infused products manufacturer shall have the same meaning as set forth at

C.R.S. §12-43.3.-104(10) for medical marijuana infused products manufacturer, as may be amended.

Misdemeanor, as used in this Code, means and is to be construed as any violation of this Code for

which the Municipal Court may impose a penalty; and any person convicted by the Municipal Court of committing a misdemeanor, as defined in various provisions of this Code, may be fined or imprisoned as set forth in this Code.

Month means a calendar month. Newspaper for purposes of the City's legal publications and legal notices, means a newspaper of

general circulation in the City which meets the requirements for a legal newspaper as established in Section 24-70-101, et seq., C.R.S.

Nuisance means anything offensive or obnoxious to the health and welfare of the inhabitants of

the City; or any act or thing creating a hazard to or having a detrimental effect on the property of another person or the community.

Oath shall be construed to include an affirmation or declaration in all cases in which, by law, an

affirmation may be substituted for an oath, and in such cases the words swear and sworn shall be equivalent to the words affirm and affirmed.

Or may be read and, and and may be read or if the sense requires it.

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Occupant, as applied to a building or land, shall include any person who occupies the whole or any part of such building or land, whether alone or with others.

Offense means any act forbidden by any provision of this Code or the omission of any act

required by the provisions of this Code. Operator means the person who is in charge of any operation, business or profession. Optional premises shall have the same meaning as set forth at C.R.S. §12-43.3.-104(11), as may

be amended. Optional premises cultivation operation or cultivation operation shall have the same meaning as

set forth at C.R.S. §12-43.3.-104(12), as may be amended. Ordinance means a law of the City; provided that a temporary or special law, administrative

action, order or directive may be in the form of a resolution. Owner, applied to a building, land, motorized vehicle, animal or other real or personal property,

includes any part owner, joint owner, tenant in common, joint tenant, tenant by the entirety or any other person with a possessory interest in the whole or a part of said building, land, motor vehicle, animal or other real or personal property

Person means natural person, joint venture, joint stock company, partnership, association, club,

company, firm, corporation, business, trust or organization, or the manager, lessee, agent, servant, officer or employee of any of them. It shall also include an executor, administrator, trustee, receiver or other representative appointed according to law. Whenever the word person is used in any section of this Code prescribing a penalty or fine, as to firms, associations and other organizations, the words shall include the partners, members or agents who are responsible for any violation of such section thereof, and as to corporations, shall include the officers, agents or members thereof who are responsible for any violation of such section.

Personal property includes every species of property except real property, as herein described,

including but not limited to money, goods, chattels, things in action and evidences of debt. Primary caregiver has the meaning provided in Amendment 20, or as may be more fully defined

in any applicable state law or regulation. Property includes real, tangible, and personal property.

Public hearing means a meeting of the City Council or a board or commission of the City for the purpose of hearing comments, testimony, recommendations and other responses from the staff, the applicant, other interested parties and the public regarding the applicant's proposal which is preceded by public notice.

Public meeting means a meeting held for the purpose of conducting business for which public

notice is not required. Public notice means notice given to the public that a public hearing will be held by a decision-

making body with regard to a development application.

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Public place means any street or highway, sidewalk, park, cemetery, schoolyard or open space adjacent thereto and any lake or stream that is open to the public. Public place includes any private property accessible to the public such as a trail, bike path, alley, hiking path or shopping center parking lot.

Real property includes lands, tenements and hereditaments. Right-of-way means all streets, roadways, sidewalks, alleys and all other areas reserved for

present or future use by the public as a matter of right, for the purpose of vehicular or pedestrian travel or for other public purposes.

Shall and must are both mandatory. Sidewalk means that portion of a street between the curbline and the adjacent property line

intended for the use of pedestrians. State means the State of Colorado. Street includes all streets, highways, avenues, alleys, lanes, courts, boulevards, squares, places,

curbs, sidewalks or other public ways in the City which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this State.

Subdivider means any person who participates in any manner in the dividing of land for the

purpose, immediate or future, of sale or development. Tenant and occupant, applied to a building or land, includes any person who occupies all or a part

of such building or land, whether alone or with others. Writing and written shall include printing, lithographing or any other mode of representing words

and letters. Year means a calendar year. 1-2-20. Rules of construction. (a) In the construction of this Code, the rules and definitions set out in this Section shall be observed, unless such construction would be inconsistent with the intent of the City Council. (b) All general provisions, terms, phrases and expressions in this Code shall be liberally construed in order that the intent and meaning of the City Council may be fully carried out. (c) The provisions of this Code shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of the Code imposes greater restrictions upon the subject matter than another more general provision imposed by the Code or other law, the provision imposing the greater restriction or regulation shall be deemed to be controlling. (d) The provisions of this Code, and all proceedings under it, are to be construed with a view to affect their objects and to promote justice.

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1-2-30. Computation of time. The time within which an act is to be done shall be computed by excluding the first and including the last day; but if the time for an act to be done shall fall on Saturday, Sunday or a legal holiday, the act shall be done upon the next regular business day following such Saturday, Sunday or legal holiday. 1-2-40. Usage of terms. All words and phrases shall be construed and understood according to the common and approved usage of the language; however, technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such peculiar and appropriate meaning. 1-2-50. Grammatical interpretation. The following grammatical rules shall apply to this Code and to City ordinances: (1) Any gender includes the other genders. (2) The singular number includes the plural and the plural includes the singular. (3) Words used in the present tense include the past and future tenses and vice versa, unless

manifestly inapplicable. (4) Words and phrases not specifically defined shall be construed according to the context and approved usage of the language.

ARTICLE III

General

1-3-10. Titles and headings not part of Code. Chapter and Article titles, headings, numbers and titles of sections and other divisions in this Code or in supplements made to this Code are inserted in this Code, may be inserted in supplements to this Code for the convenience of persons using this Code, and are not part of this Code. 1-3-20. Title of office. Use of the title of any officer, employee, department, board or commission means that officer, employee, department, board or commission of the City, or his or her designated representative. Whenever reference is made to an officer, employee, official, representative, agent, department, commission or other agency, the same shall be construed as if followed by the words "of the City of Salida, Colorado." 1-3-30. Authorized acts. Whenever in accordance with this Code any specific act is required to be done by any designated department officer, official or employee of the City, such act may be performed by any duly authorized person. When this Code requires an act to be done which may as well be done by an agent, designee or representative as by the principal, such requirement shall be construed to include all such acts performed when done by an authorized agent, designee or representative.

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1-3-40. Purpose of Code. The provisions of this Code, and all proceedings under them, are to be construed with a view to effect their objectives and to promote justice. 1-3-50. Repeal of ordinances. The repeal of an ordinance shall not repeal the repealing clause of such ordinance or revive any ordinance which has been repealed thereby. 1-3-60. Publication of ordinances. (a) All ordinances, as soon as possible after their passage, shall be recorded by the City Clerk in a book kept for that purpose, and authenticated by the signature of the Mayor and City Clerk. (b) All ordinances of a general or permanent nature, and those imposing any fine, penalty or forfeiture, shall be published before and after passage in the manner provided by law in a newspaper published within and of general circulation in the City. Due proof of such publication, by an affidavit of the printer or publisher of such paper, shall be provided by the City Clerk upon demand therefor and attached to the ordinance or written or attached upon the face of the record of such ordinance. (c) Such ordinances shall not take effect until thirty (30) days after such publication, except for ordinances calling for special elections or necessary for the immediate preservation of the public peace, health and safety and containing the reasons making the same necessary in a separate section. The excepted ordinances shall take effect upon their final passage and adoption and the approval and signature of the Mayor, if they are adopted by an affirmative vote of three-fourths (3/4) of the members of the City Council. 1-3-70. Amendments to Code. Any ordinance amending this Code shall set forth the chapter, article and section number of the section to be amended, and this shall constitute sufficient compliance with any statutory requirement pertaining to the amendment or revision by ordinance of any part of this Code. All of the substantive, permanent and general parts of said ordinances and changes made thereby shall be inserted and made in this Code as provided in Section 1-3-80 hereof. 1-3-80. Supplementation of Code. The City Clerk shall maintain and update the Code on a regular basis. The official version of the Code is the online version found on the City of Salida website. Supplements to this Code shall be prepared whenever authorized or directed by the City Council. A supplement to the Code shall include all substantive permanent and general parts of ordinances passed by the City Council or adopted by initiative or referendum during the period covered by the supplement and all changes made thereby in the Code. The pages of a supplement shall be so numbered that they will fit properly into the Code and will, where necessary, replace pages which have become obsolete or partially obsolete. The new pages shall be so prepared that, when they have been inserted, the Code will be current through the date of the adoption of the latest ordinance included in the supplement. 1-3-90. Copy of Code on file.

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At least one (1) copy of this Code so certified and sealed most recently shall be kept in the office of the City Clerk at all times, and such Code may be inspected by any interested person at any time during regular office hours, but may not be removed from the City Clerk's office except upon proper order of a court of law. 1-3-100. Severability. The provisions of this Code are declared to be severable, and if any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Code or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, the remainder of this Code shall continue in full force and effect, it being the legislative intent that this Code would have been adopted even if such unconstitutional matter had not been included therein. It is further declared that, if any provision or part of this Code, or the application thereof to any person or circumstances, is held invalid, the remainder of this Code and the application thereof to other persons shall not be affected thereby.

ARTICLE IV

General Penalty

1-4-10. Violations. (a) It is a violation of this Code for any person to do any act which is forbidden or declared to be unlawful or to fail to do or perform any act required in this Code. (b) Whenever in this Code any act or omission is made unlawful, it is also unlawful to cause, allow, permit, aid, abet or suffer such unlawful act or omission. Concealing or in any manner aiding in the concealing of any unlawful act or omission is similarly unlawful. 1-4-20. General penalty for violation. Any person who violates or fails to comply with any provision of this Code for which a different penalty is not specifically provided shall, upon conviction thereof, be punished by a fine in an amount not to exceed one thousand dollars ($1,000.00) and/or imprisonment for a term not to exceed one (1) year, except as hereinafter provided in Section 1-4-30. In addition, such person shall pay all costs and expenses in the case, including attorney fees. Each day such violation continues shall be considered a separate offense. (b) The suspension or revocation of any license, permit, or other privilege conferred by the City shall not be regarded as a penalty for the purposes of this Code, but shall be in addition to the penalty provided in Subsection (a) hereof. (c) Nothing herein shall be construed to limit the power of the Municipal Court to take such action as it may deem appropriate, in the sound exercise of its discretion, to summon, try and punish any person who may be found in contempt of the Court. (d) The Municipal Court may order payment of restitution to the damaged party by the person responsible for damage resulting from a violation of this Code. 1-4-30. Application of penalties to juveniles.

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Every person who, at the time of commission of the offense, was at least ten (10) but not yet eighteen (18) years of age, and who is subsequently convicted of or pleads guilty or nolo contendere to, a violation of any provision of this Code, shall be punished by a fine of not more than one thousand dollars ($1,000.00) per violation or count. Any voluntary plea of guilty or nolo contendere to the original charge or to a lesser or substituted charge shall subject the person so pleading to all fines and/or penalties applicable to the original charge. 1-4-40. Altering or tampering with Code; penalty. Any person who shall alter, change or amend this Code, except in the manner prescribed in this Article, or who shall alter or tamper with this Code in any manner so as to cause the ordinances of the City to be misrepresented thereby, shall, upon conviction thereof, be punishable as provided by Section 1-4-20 hereof. 1-4-50. Penalty for violations of ordinances adopted after adoption of Code. Any person who shall violate any provision of any ordinance of a permanent and general nature passed or adopted after adoption of this Code, either before or after it has been inserted in this Code by a supplement, shall, upon conviction thereof, be punishable as provided by Section 1-4-20 unless another penalty is specifically provided for the violation. 1-4-60. Interpretation of unlawful acts. Whenever in this Code any act or omission is made unlawful, it is also unlawful to cause, allow, permit, aid, abet or suffer such unlawful act or omission. Concealing or in any manner aiding in the concealing of any unlawful act or omission is similarly unlawful. 1-4-70. Administrative fees and charges. The City Council is authorized to establish administrative fees and charges for all departments of the City. The amount of such fees and charges shall be established by resolution of the City Council and may be amended from time to time by resolution. Such fees and charges shall be posted at City Hall or in the appropriate office of the department.

ARTICLE V

Inspections

1-5-10. Entry. Whenever necessary to make an inspection to enforce this Code or whenever there is probable cause to believe there exists an ordinance violation in any building or upon any premises within the jurisdiction of the City, any authorized official of the City may, upon presentation of proper credentials and upon obtaining permission of the occupant or if unoccupied, the owner, enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon him or her by this Code. Except in emergency situations or when consent of the owner and/or occupant to the inspection has been obtained, the official shall give the owner and/or occupant, if they can be located after reasonable effort, twenty-four (24) hours' written notice of intention to inspect. The notice transmitted to the owner and/or occupant shall state that the property owner has the right to refuse entry and that, if entry is refused, inspection may be made only upon issuance of a search warrant by a duly authorized magistrate. If the occupant or, if unoccupied, the owner, refuses entry to such building or premises, or the authorized official is unable to obtain permission of such occupant or owner to enter such building or

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premises after the request has been made, the official may seek assistance from any court of competent jurisdiction in obtaining such entry. 1-5-20. Authority to enter premises under emergency. Law enforcement officers certified with the State, members of the Fire Department, other fire departments operating under a mutual assistance agreement or automatic aid agreement with the City, certified emergency medical technicians and paramedics during the course of employment with a governmental agency are hereby granted the authority to enter private residences within the City without invitation from the occupant of the residence at any time such person has reasonable grounds to believe a medical emergency is in progress within the subject premises and the occupant of such premises is incapable of consenting to the entry because of such medical emergency.

ARTICLE VI

Seal 1-6-10. Corporate seal. The City seal in use on the adoption date of this Code is ratified and confirmed.

ARTICLE VII

Administrative Citations

1-7-10. Administrative citations designated. (a) Any responsible party violating provisions of this Code, including but not limited to, failure to pay any fees and charges levied pursuant to this Code, may be issued an administrative citation by the City Administrator as provided in this Article. (b) Each day a violation exists or continues shall constitute a separate and distinct violation for which a separate citation may be issued. However, once a citation has been issued for a violation of this Code, no additional citation shall be issued for the same violation during the period of time stated in the citation to remedy the violation or, if the responsible party appeals, until after the appeal has been heard and the responsible party has not complied with an order of the Municipal Court. (c) Enforcement actions are intended to be cumulative in nature. The City may pursue one (1) or more civil, criminal and administrative actions, fees, fines, sentences, penalties, judgments and remedies and may do so simultaneously or in succession. 1-7-20. Procedures. (a) Upon discovering a violation of this Code, the City Administrator may issue an administrative citation to a responsible party. The City Administrator shall attempt to obtain the signature of the person receiving the citation, but failure or refusal to sign the administrative citation shall not affect the validity of the citation and subsequent proceedings. (b) If the City Administrator is unable to issue the administrative citation to an adult person, then the administrative citation shall also be sent via first-class mail to the most recent mailing address contained in the County Assessor's records for the property in violation or the property of the responsible party.

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(c) Notice shall be deemed served on the date of receipt by the responsible party, if personally served, or upon the fifth day after mailing of the administrative citation. 1-7-30. Appeal of administrative citation. (a) A person served with an administrative citation may file a written notice of appeal with the City Administrator within ten (10) calendar days from the service of the notice. Failure to comply with this time limit shall bar any appeal brought under this Section. Upon receipt of a written notice of appeal, the City Administrator shall work with the Municipal Court to schedule a date, time and location for the hearing. (b) Written notice of the date, time and location of the hearing shall be personally served upon or sent by first-class mail to the responsible party at least ten (10) calendar days prior to the date of the hearing. (c) Procedure at administrative appeals. Municipal Court procedure as prescribed by statute and set forth in Chapter 2, Article II of this Code shall apply to appeals of administrative citations. The Municipal Judge may subpoena witnesses, documents and other evidence where the attendance of the witness or the admission of evidence is deemed necessary to decide the issues at the hearing. All costs related to the subpoena, including witness and mileage fees, shall be borne by the party requesting the subpoena. It is unlawful for any person to refuse to obey a subpoena issued by the Municipal Judge. Failure to obey a subpoena constitutes contempt and may be criminally prosecuted and have penalties imposed as established in this Code. (d) The City bears the burden of proof at an administrative appeal to establish the existence of a violation of the Code. (e) The standard of proof to be used by the Municipal Court in deciding the issues at an administrative appeal is by a preponderance of the evidence. (f) Any responsible party who fails to appear at the hearing is deemed to waive the right to a hearing and the adjudication of the issues related to the hearing, provided that proper notice of the hearing has been provided, and administrative costs shall be assessed in addition to any penalties. 1-7-40. Administrative enforcement order. (a) As part of the administrative enforcement order, the Municipal Court may uphold the administrative citation and all penalties; may dismiss the administrative citation and its penalties; or may reduce, waive or conditionally reduce the penalties assessed by the administrative citation. The Municipal Judge may also impose conditions and deadlines to correct the violations or require payment of any outstanding penalties. (b) It is unlawful for a responsible party to an administrative enforcement hearing who has been served with a copy of the final administrative enforcement order to fail to comply with the order. Failure to comply with a final administrative enforcement order may be criminally prosecuted and have penalties imposed Article IV of this Chapter. 1-7-50. Penalties assessed. (a) If the responsible party fails to correct the violation, subsequent administrative citations may be issued for continuing violations of the same Code section. The penalties assessed for each

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administrative citation issued for continuing violations of the same Code section shall be established by resolution of City Council and amended from time to time. (b) Payment of the penalty is in addition to correcting the violations and shall not excuse the failure to correct the violations, nor shall it bar further enforcement action by the City. (c) Any other expenses incurred by the City related to the issuance and enforcement of the administrative citation may be recovered from the responsible party, including attorney fees and costs. (d) All penalties assessed shall be payable to the City. 1-7-60. Failure to pay penalties. (a) The failure of any responsible party to pay the civil penalties assessed by an administrative citation within the time specified on the citation or administrative enforcement order may result in the imposition of a late fee in an amount to be established by resolution of City Council, and amended from time to time, and interest at a rate of eighteen percent (18%) per annum on the penalty amount. (b) In the event of failure to pay all penalties assessed, the City may refer the matter for collection by whatever means are available to the City. (c) In the case of violations related to real property, the City Administrator shall record a notice of lien with the County Clerk and Recorder as a lien against the property in violation for the amounts due. The assessment shall be a lien against the property until it is paid and shall have priority over all other liens except general taxes and prior special assessments. (d) The City shall have all remedies for collection thereof provided by state statutes, for the purpose of having the assessment placed upon the tax list and collected in the same manner as taxes are now collected. The amount of such assessment may be paid to the City Clerk at any time before the tax list is placed in the hands of the County Treasurer, but thereafter only to the County Treasurer. In case the responsible party shall fail to pay such assessment within the required time as provided above, then it shall be the duty of the City Clerk to certify the amount of the assessment as provided for by state law for the collection of delinquent general taxes. (e) An action or other process provided by law may be maintained by the City to recover or collect any amounts, including late fees, interest and administrative costs, owing under this Article.

ARTICLE VIII

Procedures for Hearings

1-8-10. Purpose and applicability. The purpose of this Article is to provide a uniform, consistent and expeditious method of procedure for the conduct of all quasi-judicial hearings held before the City Council or any board or commission appointed to hear and receive evidence and render a decision on the law and facts. The provisions of this Article shall be applied uniformly in all applicable hearings. The rules contained in this Article may be supplemented by the adoption of further rules of procedure, not inconsistent with such rules, duly adopted prior to any hearing by the hearing body, official, employee or hearing officer. All rules adopted to supplement the provisions of this Article by any board, commission, official, employee or hearing officer shall be reduced to writing and copies thereof shall be made available to the public.

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1-8-20. Quasi-judicial hearings. The provisions of this Article shall apply to those hearings where the City Council, board, or commission is called upon to exercise powers of a judicial or quasi-judicial nature, which shall include but not be limited to the following: (1) Hearings before the City Council upon application for the issuance of, or for the

suspension or revocation of, a liquor or fermented malt beverage license, or any other license for which the City Council acts as local licensing authority.

(2) Hearings before any board, commission or official appealing the issuance, suspension or

revocation of other licenses or permits issued by the City, when such an appeal is otherwise authorized and requires an evidentiary hearing to determine such appeal.

(3) All land use and development hearings conducted pursuant to Chapter 16 of this Code. (4) Appeals from any decision of the Building Official. (5) All appeals from the decisions of any official, board or commission, where such an

appeal is otherwise authorized and requires an evidentiary hearing to determine such appeal. 1-8-30. Rules of procedure. All quasi-judicial hearings shall be conducted under procedures designed to ensure all interested parties due process of law and shall, in all cases, provide for the following: (1) The board or commission conducting the hearing shall have authority to administer oaths

and affirmations; rule upon offers of proof; compel testimony; receive evidence; dispose of motions relating to discovery and production of relevant documents and things for inspection, copying or photocopying; regulate the course of the hearing; fix the time for filing of briefs and other documents; direct the parties to appear and confer to consider simplification of issues, admissions of facts or documents to avoid unnecessary proof and limitation of the number of witnesses; issue appropriate orders to control the subsequent course of the proceedings; dispose of motions; and control the decorum and conduct of the proceeding.

(2) Any board or commission conducting a quasi-judicial hearing shall have the power to

issue subpoenas compelling testimony or the production of documents. Pursuant to Section 13-10-112(2), C.R.S., the Municipal Judge shall have the power to enforce said subpoenas.

(3) Unless otherwise agreed to by the parties, all testimony shall be taken under oath or by

affirmation. (4) The hearing need not be conducted according to the technical rules relating to evidence

and witnesses. (5) Hearsay evidence may be used for the purpose of supplementing or explaining any direct

evidence, but shall not be sufficient in itself to support a finding, unless it would be admissible over objection in civil actions in courts of competent jurisdiction in the State.

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(6) Any relevant evidence shall be admitted if it is the type of evidence on which responsible parties are accustomed to rely on in the conduct of serious affairs, regardless of the existence of any common law, statute or court rules which might make the admission of such evidence improper. Evidence which is reasonably reliable and calculated to aid the hearing body in reaching an accurate determination of the issues involved may be considered.

(7) Irrelevant and unduly repetitious evidence shall be excluded. (8) The board or commission conducting the hearing shall be permitted at the hearing to

continue the hearing, for good cause, to another date, time and place. In such an event, no advertised public notice of such continued hearing shall be required.

(9) In reaching a decision, official notice may be taken, whether before or after submission of

the case for decision, of any fact which may be judicially noticed by the courts of the State, or of official records, ordinances, rules and regulations of the City. Interested parties present at the hearing shall be informed of the matters to be noticed. These matters shall be noted in the record, referred to therein or appended thereto. Interested parties shall be given a reasonable opportunity, upon request, to refute the officially noticed matters by evidence or by written or oral presentation of authority.

(10) All hearings shall be open to the public unless otherwise authorized or permitted by

applicable law. (11) A record of the entire proceedings shall be made by tape recording or any other means of

permanent recording determined to be appropriate by the board or commission. The tape recording shall be retained by the board or commission for at least six (6) months following the hearing. The custodian of the record shall have the authority to prescribe reasonable rules and regulations regarding copying, listening to or preparing a transcript of the recording.

1-8-40. Order of procedure. (a) In all quasi-judicial hearings, the following order of procedure shall be followed, unless otherwise determined by the body or person conducting the hearing: (1) All documents or other items of physical evidence shall be marked prior to the hearing as

exhibits, with such identifying symbols as may be necessary to determine the exhibit referred to by any witness or other person.

(2) Presentation of those documents showing the regularity of the commencement of the

proceedings and the form of the public notice given, if required. (3) Presentation by City staff of its position on the matter at issue, if any, followed by

questions to the staff by members of the board or commission. (4) Presentation of evidence by the applicant, petitioner, appealing party or complainant,

followed by questions to the staff by members of the board or commission. (5) Presentation of evidence in support of or opposition to the applicant, petitioner, (6) Presentation of evidence in rebuttal to the matters presented by the opposing party.

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(b) Unless the hearing is continued, the board or commission shall thereupon close the public hearing, and no further evidence or testimony may be presented or considered unless the hearing is re-opened by the board or commission. 1-8-50. Deliberation and notice of decision. If the final decision or formal action is required to be made by a board or commission, no decision or formal action shall be effective, except upon a vote of the members of said board or commission, conducted in an open session thereof, which shall be duly recorded in the minutes of the board or commission. Unless otherwise prohibited by law, a member of a board or commission who was not present during all or any part of a hearing may vote or take part in the factual determination if he or she has reviewed the entire record of the proceedings and indicates that he or she has done so before participating. The board or commission may issue an oral decision immediately upon conclusion of the evidentiary hearing. If no decision is issued at the hearing, said decision shall be rendered in writing within the time limits provided by applicable law. If no specific time limit is provided, the decision shall be rendered no later than twenty (20) days following the conclusion of the hearing. Said written decision shall contain findings of fact and conclusions of law, setting forth the grounds of the decision, based on the evidence presented at the hearing. Copies of the written decision shall be delivered to the applicant, petitioner, appellant, complainant and other interested parties requesting the same unless otherwise prohibited by applicable law. 1-8-60. Judicial enforcement and review. (a) Any party aggrieved by any decision rendered by the City Council or other board or commission with final decision making authority in any quasi-judicial hearing may apply to have said decision reviewed by a court of competent jurisdiction, in accordance with the provisions of the Colorado Rules of Civil Procedure and any other applicable law. If the applicable ordinance or law provides for further administrative appeals of the decision, the party must exhaust all such appellate remedies before appealing the matter to the courts. (b) In the event that an appeal is taken to another administrative body, board or commission or to the City Council, such appeal will be made upon the basis of the record presented at the initial hearing, and no additional evidence shall be introduced, unless the hearing is reopened for the hearing of additional evidence following notice to all parties who appeared at the initial hearing. (c) Unless otherwise provided for all appeals shall be filed with the City within fifteen (15) days of the decision being appealed.

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CHAPTER 2

Administration and Personnel

Article I Elections

Sec. 2-1-10 Conduct of elections Sec. 2-1-20 Write-in candidate affidavit Sec. 2-1-30 Cancellation of election Sec. 2-1-40 Election wards and precincts Sec. 2-1-50 Ballot proposals, protests, initiatives and referenda

Article II Mayor and City Council

Sec. 2-2-10 City Council; membership; qualifications; terms; vacancies Sec. 2-2-20 Mayor Sec. 2-2-30 Mayor Pro Tem Sec. 2-2-40 Acting Mayor Sec. 2-2-50 Compensation Sec. 2-2-60 Regular meetings Sec. 2-2-70 Special meetings Sec. 2-2-80 Conduct of meetings; voting

Article III City Administration

Sec. 2-3-10 Appointed officers Sec. 2-3-20 Powers and duties of officers Sec. 2-3-30 Oath of office; bond Sec. 2-3-40 City Clerk Sec. 2-3-50 City Treasurer Sec. 2-3-60 City Attorney Sec. 2-3-70 City Administrator

Article IV City Employees

Sec. 2-4-10 Social Security coverage Sec. 2-4-20 Fire and police pension funds

Article V Municipal Court

Sec. 2-5-10 Creation of Municipal Court Sec. 2-5-20 Original jurisdiction Sec. 2-5-30 Appointment and qualification of Municipal Judge Sec. 2-5-40 Compensation of Judge Sec. 2-5-50 Oath of office Sec. 2-5-60 Court Clerk Sec. 2-5-70 Sessions generally Sec. 2-5-80 Rules of procedures Sec. 2-5-90 Verbatim record Sec. 2-5-100 Court costs Sec. 2-5-110 Contempt power Sec. 2-5-120 Sentencing procedures Sec. 2-5-130 Sentencing of juveniles

Article VI Police Department

Sec. 2-6-10 Creation; composition Sec. 2-6-20 Departmental regulations Sec. 2-6-30 Chief of Police; appointment and duties Sec. 2-6-40 Status of police officers Sec. 2-6-50 Duties of police officers Sec. 2-6-60 Oath of officers

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Article VII Boards and Commissions

Sec. 2-7-10 Appointment of board and commission members Sec. 2-7-20 Removal of board and commission members Sec. 2-7-30 Vacancies Sec. 2-7-40 Compensation Sec. 2-7-50 Meeting procedures Sec. 2-7-60 Election of officers Sec. 2-7-70 Establishment of special committees

Article VIII Planning Commission Sec. 2-8-10 Establishment Sec. 2-8-20 Purpose Sec. 2-8-30 Membership and organization Sec. 2-8-40 Term of office Sec. 2-8-50 Powers and duties

Article IX Board of Adjustment Sec. 2-9-10 Establishment Sec. 2-9-20 Membership and organization Sec. 2-9-30 Powers and duties

Article X Board of Appeals

Sec. 2-10-10 Establishment Sec. 2-10-20 Membership and organization Sec. 2-10-30 Powers and duties

Article XI Historic Preservation Commission

Sec. 2-11-10 Establishment Sec. 2-11-20 Membership and organization Sec. 2-11-30 Powers and duties

Article XII Tree Board

Sec. 2-12-10 Establishment Sec. 2-12-20 Membership and organization Sec. 2-12-30 Powers and duties

Article XIII SteamPlant Commission

Sec. 2-13-10 Establishment Sec. 2-13-20 Membership and organization Sec. 2-13-30 Powers and duties

Article XIV Recreation Advisory Board

Sec. 2-14-10 Establishment Sec. 2-14-20 Membership and organization Sec. 2-14-30 Powers and duties

Article XV Civil Emergencies

Sec. 2-15-10 Declaration of emergency Sec. 2-15-20 Restricted activity during emergency Sec. 2-15-30 Term and validity of proclamation Sec. 2-15-40 Violation

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CHAPTER 2

ADMINISTRATION AND PERSONNEL

ARTICLE I

Elections 2-1-10. Conduct of elections.

(a) The Uniform Election Code of 1992, Articles 1 to 13 of Title 1, C.R.S., as amended, shall govern, in lieu of the "Colorado Municipal Election Code of 1965," the conduct of each City election which is held as a part of a coordinated election for which the County Clerk and Recorder is the coordinated election official. (b) Except as otherwise provided in subsection (a) hereof, Article 10 of Title 31, C.R.S., as amended, shall govern the conduct of City elections. 2-1-20. Write-in candidate. (a) Pursuant to Section 31-10-306, C.R.S., in any election of Mayor or Councilmember conducted pursuant to the Municipal Election Code, no write-in vote shall be counted unless an affidavit of intent has been filed with the City Clerk, by the person whose name is written in, prior to twenty (20) days before the day of the election indicating that such person desires the office and is qualified to assume the duties of that office if elected. (b) Pursuant to Sections 1-4-1101 and 1-4-1102(2), C.R.S., in any election of Mayor or Councilmember conducted pursuant to the Uniform Election Code, no write-in vote shall be counted unless an affidavit of intent has been filed with the City Clerk, by the person whose name is written in, on or before the close of business on the sixty-fourth day before the election stating that such person desires the office and is qualified to assume the duties of that office if elected. 2-1-30. Cancellation of election. (a) If the only matters before the electors is the election of persons to office and if, at the close of business on the nineteenth day before the election, there are not more candidates than offices to be filled at such election, including candidates filing affidavits of intent to be write-in candidates as set forth in Section 2-1-20 above, the City Clerk shall certify such fact to the City Council, which shall hold a meeting and may cancel the election and by resolution declare the candidates elected. (b) Notice of such cancellation shall be published, if possible, in order to inform the electors of the City, and notice of such cancellation shall be posted at each polling place and in not less than one (1) other public place. 2-1-40. Election wards and precincts. The following are the wards for the election of City Council members and the election precincts for all municipal elections: (1) Ward and Precinct No. 1: All that part of the City of Salida which lies north of the

Arkansas River and west of the following line: Commencing on the southerly side of the Arkansas River at the centerline of the abandoned D&RGW right-of-way (Monarch branch) and

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thence proceeding southwesterly to Sackett Avenue; thence northwesterly along the centerline of Sackett Avenue to "I" Street; thence southwesterly along the centerline of "I" Street to Second Street; thence southeasterly along the centerline of Second Street to the abandoned right-of-way aforesaid; thence southwesterly along the centerline of said right-of-way to Fifth Street; thence southeasterly along the centerline of Fifth Street to "I" Street; thence southwesterly along the centerline of "I" Street to Seventh Street; thence Southeasterly along the centerline of Seventh Street to "H" Street; thence southwesterly along the centerline of "H" Street to Eighth Street; thence northwesterly along the centerline of Eighth Street to "I" Street; thence southwesterly along the centerline of "I" Street to U.S. Highway 50; thence due south to the city limits.

(2) Ward and Precinct No. 2: All of that part of the City of Salida which lies south of the

Arkansas River and southeasterly of Precinct No. 1 and northeasterly of the following described line: Commencing at the point where the centerline of "C" Street (extended northeasterly) meets the centerline of the Arkansas River; thence Southwesterly along "C" Street to Park Avenue; thence westerly along the centerline of Park Avenue to Teller Street; thence Southerly along the centerline of Teller Street to "C" Street; thence Southwesterly along "C" Street to Ninth Street; thence northwesterly along the centerline of Ninth Street to "D" Street; thence southwesterly along the centerline of "D" Street to Eleventh Street; thence southeasterly along the centerline of Eleventh Street to New Street; thence southerly along New Street to "C" Street; thence southwesterly along the centerline of "C" Street to U.S. Highway 50; thence due south to the City limits.

(3) Ward and Precinct No. 3: All that part of the City of Salida which lies southeasterly of

the easterly boundary of Precinct 2 and south of the Arkansas River. 2-1-50. Ballot proposals, protests, initiatives, and referenda. All matters related to the adoption of City ordinances, including, but not limited to, ballot proposals, initiated measures, ballot title protests, and citizen-initiated referenda, shall be conducted pursuant to applicable Colorado statute.

ARTICLE II

Mayor and City Council 2-2-10. City Council; membership; qualifications; terms; vacancies. (a) The City Council shall constitute the legislative body of the City, shall have the power and authority, except as otherwise provided by statute, to exercise all power conferred upon or possessed by the City, and shall have the power and authority to adopt such laws, ordinances and resolutions as it shall deem proper in the exercise thereof. (b) The City Council shall be composed of two (2) members elected from each ward of the City. Members shall serve terms of four (4) years. The terms of Council members shall be staggered, with one-half (½) of the members being elected at each regular municipal election. The terms of office of all elected City officials shall commence at the first meeting of the City Council following their election. (c) Each City Council member shall have resided in the ward from which he or she is elected for a period of at least twelve (12) consecutive months immediately preceding the date of his or her election, and shall be a registered elector therein; except that in the case where the boundaries of a ward are changed pursuant to a reorganization of the City, by redistricting or by the result of annexation, any person who has resided within the territory added to a ward for the time prescribed in this Section shall be

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deemed to have met the residence requirements for election set forth herein. If, during his or her term of office, a Council member removes from or becomes a nonresident of the ward in which he or she was elected, such office shall be deemed vacant effective upon the adoption by the City Council of a resolution declaring such vacancy. (d) All vacancies on the City Council created other than by the regular expiration of a term shall be filled by appointment made upon a majority vote of the membership of the City Council within sixty (60) days after the vacancy occurs. Persons appointed to fill a vacancy shall serve until the next regular municipal election, at which time a successor shall be elected to serve out the remainder of any uncompleted term. 2-2-20. Mayor. (a) The Mayor shall be elected by a plurality of votes cast for that office at the regular City election, and shall be a registered elector who has resided within the City limits for a period of at least twelve (12) consecutive months immediately preceding the date of election; except that in the case of annexation, any person who has resided within the territory annexed to the City for the time prescribed in this Section shall be deemed to have met the residency requirement for election set forth herein. The Mayor shall be elected to serve a term of two (2) years. In the event of a vacancy in the office of Mayor, such vacancy shall be filled in the same manner as a vacancy in the office of Council member, as set forth in Section 2-2-10 above. (b) The Mayor shall preside over all meetings of the City Council and shall perform such duties as may be required of him or her by statute or ordinance. Insofar as is required by statute and for all ceremonial purposes, the Mayor shall be the executive head of the City. (c) The Mayor shall not be entitled to vote on any matter before the City Council, except in the case of a tie vote. Notwithstanding the foregoing, all ordinances or resolutions authorizing the expenditure of money or the entering into contracts shall be subject to disapproval by the Mayor as provided in Section 31-16-104, C.R.S. (d) The Mayor or City Administrator shall execute and authenticate by his or her signature all bonds, warrants, contracts and instruments of and concerning the business of the City, as the Council members or any statutes or ordinances may require, subject to the provisions of Subsection (c) above. (e) Except as may be required by statute, the Mayor shall exercise only such powers as the Council members shall specifically confer upon him or her. 2-2-30. Mayor Pro Tem. (a) The City Council may elect one (1) of its members to serve as Mayor Pro Tem, who shall perform the duties of the Mayor in the event the Mayor is absent from the City or temporarily unable to perform the duties of his or her office. In the absence of the Mayor from any meeting of the City Council, during the absence of the Mayor from the City or during the inability of the Mayor to act, the Mayor Pro Tem shall perform the duties of the Mayor, except that the Mayor Pro Tem shall not be entitled to disapprove ordinances or resolutions pursuant to Section 31-16-104, C.R.S. When presiding over a meeting of the City Council in the absence of the Mayor, the Mayor Pro Tem shall exercise his or her voting powers as a Council member. 2-2-40. Acting Mayor.

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In the event of the absence or disability of both the Mayor and the Mayor Pro Tem, the Council members may designate another Council member to serve as acting Mayor during such absence or disability. 2-2-50. Compensation. (a) The Mayor and Council members shall be paid monthly as provided by ordinance and amended from time to time. (b) The compensation paid to any member of the City Council, including the Mayor, shall not be increased or diminished for the term of office for which he or she has been elected or appointed. Any Mayor or Council member who has resigned or vacated an office prior to the end of his or her elective or appointed term shall not be eligible to election or reappointment to the same during such term if the rate of compensation has been increased. (c) The Mayor and Council members shall be allowed to participate in the City's employee retirement program on the same basis as other City employees. 2-2-60. Regular meetings. The City Council shall establish such dates and times for regular Council meetings as it deems appropriate and necessary for the effective and proper transaction of City business. Not less than two (2) regular meetings of the City Council shall be scheduled per month. Notwithstanding the foregoing, a scheduled regular meeting of the City Council may be canceled upon a majority vote of the Council membership, or for lack of a quorum. All regular meetings shall be conducted in the meeting chambers at 448 East 1st Street, Salida, Colorado, unless otherwise designated by the City Council in advance. 2-2-70. Special meetings. (a) The Mayor and any three (3) members of the City Council may call a special meeting by having written notice of such meeting personally served on all other Council members, or left at their usual place of residence. Except in cases of emergency, special meetings shall not be conducted except upon twenty-four (24) hours' notice. (b) Special meetings may also be called by majority vote of the membership of the City Council taken and announced at a regular Council meeting. Notice of such meeting shall be given to any member of the City Council not in attendance. (c) Should the City Council convene for a special meeting pursuant to a request of an interested party for the purpose of accommodating time constraints of said interested party, the City Council may, in its discretion, assess fees for the special meeting against the interested party. The City Council may from time to time by resolution adopt a schedule of fees which may be assessed for special meetings. Said fees shall reasonably compensate the staff of the City and the City Attorney for time spent in preparation for attendance at special meetings. 2-2-80. Conduct of meetings; voting. (a) Meetings of the City Council shall be conducted by the Mayor, according to Robert's Rules of Order, Revised.

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(b) Three (3) Council members and the Mayor, or four (4) Council members, shall constitute a quorum to do business at all meetings of the City Council. Each Council member shall vote upon every question presented, on motion, duly seconded, unless allowed by the City Council to abstain. The Mayor shall preside at all meetings of the City Council and shall be entitled to vote only as authorized by Subsection 2-2-20(c) of this Article. Upon the taking of any vote, the City Clerk shall record in the minutes the names of those voting and their votes. (c) At the hour appointed for meeting, the members shall be called to order by the Mayor or, in his or her absence, by the Mayor Pro Tem, and the City Clerk shall proceed to call the roll, note the absentees and announce whether a quorum is present. If a quorum is present, the City Council shall proceed with the business before it, in the manner and order as established by the City Council.

ARTICLE III

City Administration

2-3-10. Appointed officers. (a) The following City officers shall be appointed by a majority of all the members of City Council and shall also serve as department heads: (1) City Administrator. (2) City Attorney. (3) Municipal Judge. (4) Municipal Prosecutor. (b) Appointed officers or employees of the City need not reside within the limits of the City, with the exception of the City Administrator. (c) All officers of the City except the Municipal Judge shall serve at the pleasure of the City Council. City officers shall hold office from the time of their appointment and qualification until their successors are appointed and qualified. Vacancies shall be filled by appointment of the City Council. 2-3-20. Powers and duties of officers. Appointed officers of the City shall have such power and perform such duties as are now or hereafter may be prescribed by state law and the ordinances of the City, shall further perform any additional duties required by the City Council, and shall be subject to the control and orders of the City Council. 2-3-30. Oath of office; bond. (a) When required by the City Council, each officer or employee, before entering upon the duties of his or her office, shall take and subscribe to an oath to support the Constitutions and laws of the United States and the State and the ordinances of the City. (b) In all cases where, by law, ordinance or resolution of the City Council, a bond is required of any such officer, he or she shall make and execute to the City a bond in such sum as is required, to be approved by the City Council, conditioned upon the faithful performance of all duties pertaining to such

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office, the proper care of all money or property of the City coming into his or her hands and the proper accounting for or delivery of the same. 2-3-40. City Clerk. (a) Election; term; vacancies. The registered electors of the City shall elect a City Clerk who shall serve a term of four (4) years. Any vacancy in the office of City Clerk caused by other than the regular expiration of a term shall be filled by appointment made upon a majority vote of the members of City Council within sixty (60) days after the vacancy occurs. A person appointed to fill a vacancy shall serve until the next regular municipal election, at which time a successor shall be elected to serve out the remainder of any uncompleted term. The offices of City Clerk and City Treasurer may be held by the same person. The City Clerk shall receive such compensation as established by ordinance of the City Council and amended from time to time. (b) Duties. The City Clerk shall have the duties prescribed by C.R.S. §31-4-110. 2-3-50. City Treasurer. (a) Election; term; vacancies. The registered electors of the City shall elect a City Treasurer who shall serve a term of four (4) years. Any vacancy in the office of City Treasurer caused by other than the regular expiration of a term shall be filled by appointment made upon a majority vote of the members of City Council within sixty (60) days after the vacancy occurs. A person appointed to fill a vacancy shall serve until the next regular municipal election, at which time a successor shall be elected to serve out the remainder of any uncompleted term. The offices of City Treasurer and City Clerk may be held by the same person. The City Treasurer shall receive such compensation as established by ordinance of the City Council and amended from time to time. (b) Duties. The City Treasurer shall perform those functions as set forth in Section 31-20-301, C.R.S., and such other duties as prescribed by City ordinance 2-3-60. City Attorney. (a) Appointed by the City Council, the City Attorney shall, whenever required, give legal advice to the City Council and all other officers of the City; and shall, when necessary, give an opinion in writing upon any legal question coming before the City Council, the Mayor or any of the appointed officers of the City. When deemed necessary by the City Council, the City Attorney shall attend the meetings thereof. When requested by the City Council, the City Attorney shall appear on behalf of the City in suits or proceedings involving the City in any court where the same may be pending, or about to be instituted by the City, and defend or prosecute the same as the case may be. (b) In lieu of appointing a City Attorney who is a department head and an appointed officer as defined by this Code, the City Council may, at its discretion, contract with an attorney or law firm to provide legal services for the City on such terms and for such compensation as the City Council deems advisable. Such attorney or law firm shall fulfill the function of the City Attorney as defined by state statute, but shall be deemed an independent contractor, not an employee of the City. 2-3-70. City Administrator.

(a) The City Council shall appoint a City Administrator who shall serve at the pleasure of the City Council and who may be suspended or removed from office upon a majority vote of all the members of the City Council. The purpose of the office of the City Administrator is to provide the centralization of

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the administrative responsibilities of the City, with the City Administrator to be the administrative head of the City government under the direction and control of the Mayor and City Council and to be responsible to the Mayor and City Council for the efficient conduct of his or her office. The City Administrator shall have such authority and perform such duties as provided in this Code, the City Personnel Manual, and as otherwise delegated or assigned to the City Administrator by the City Council. (b) The City Administrator is the personnel director of the City and is charged with establishing appropriate personnel rules and regulations in compliance with state and federal laws, subject to the approval of the City Council. As the chief administrative officer, the City Administrator shall have the responsibility and authority to appoint, supervise and discharge all non-elected department heads and employees, excepting the City Attorney, the Municipal Prosecutor, and the Municipal Judge, who shall be appointed and removed from office by a majority vote of all of the members of the City Council. (c) The City Council, by majority vote of members present, shall appoint a department head of the City to serve as Acting City Administrator during the temporary disability or absence from the City of the City Administrator. Such nominee shall perform all the duties and exercise all of the powers of the City Administrator and shall receive such compensation therefor as specifically authorized by the City Council. In the event of a vacancy in the office of City Administrator, an interim appointment shall be made by the City Council within thirty (30) days, and a new administrator shall be appointed as soon thereafter as reasonably possible.

ARTICLE IV

City Employees 2-4-10. Social Security coverage. The City is hereby authorized to execute and deliver to the Department of Employment Security, State of Colorado, a plan and agreement, required under Section 5 of the Colorado Enabling Act and the Social Security Act, to extend coverage to employees and officers of the City and do all other necessary things to effectuate coverage of employees and officers under the Old-Age and Survivors Insurance System. Fulltime fire and police officers have a contribution to their pension plans in lieu of Social Security. Medicare tax is collected for fire and police officers. 2-4-20. Fire and police pension funds. In accordance with Article 31 of Title 31, C.R.S., establishing the Colorado Fire and Police Pension Authority, the City collects and contributes for all fulltime fire and police officers to the defined benefit contribution plan.

ARTICLE V

Municipal Court

2-5-10. Creation of Municipal Court.

A Municipal Court in and for the City is hereby created and established pursuant to and governed by the provisions of state law. 2-5-20. Original jurisdiction.

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The Municipal Court shall have original jurisdiction of all cases arising under the provisions of this Code and ordinances of the City, with full power to punish violators thereof by the imposition of such fines and penalties as are prescribed in this Code or by ordinance. 2-5-30. Appointment and qualification of Municipal Judge. The Municipal Court shall be presided over by a Municipal Judge who shall be appointed to office for a two year term in accordance with Section 13-10-105, C.R.S, unless removed during such term by the City Council in accordance with Section 13-10-105(2), C.R.S. The Municipal Judge must also be a resident and qualified elector of the County or of a county adjoining the County. Additional judges as may be needed to transact the business of the Court may be appointed by the City Council for such terms as necessary. 2-5-40. Compensation of Judge.

The compensation of the Municipal Judge shall be an annual salary in an amount set by ordinance of the City Council, and shall be payable monthly. 2-5-50. Oath of office.

Before entering upon the duties of his or her office, the Municipal Judge shall make an oath or affirmation that he or she will support the Constitution of the United States, the Constitution of the State and the ordinances of the City, and that he or she will faithfully perform the duties of his or her office. 2-5-60. Court Clerk. The City Administrator, with the approval of the City Council, may appoint a person to serve as Court Clerk, whose duties shall be those assigned by the Municipal Judge. The Municipal Judge may also act as Court Clerk in accordance with state statutes. 2-5-70. Sessions generally. (a) There shall be regular sessions of the Municipal Court for the trial of cases as may be fixed by the Municipal Judge. The Municipal Judge may hold a special session of court at any time, including Sundays, holidays and night court. (b) All sessions shall be open to the public. Where the nature of the case is such that it would be in the best interest of justice to exclude persons not directly connected with the proceeding, the Municipal Judge may order that the courtroom be cleared. 2-5-80. Rules of procedure.

(a) The procedures of the Municipal Court shall be in accordance with the Municipal Court Rules of Procedure as promulgated by the Colorado Supreme Court. (b) In addition to other powers, the Municipal Judge shall have full power and authority to make and adopt rules and regulations for conducting the business of the Municipal Court, consistent with the Municipal Court Rules of Procedure promulgated by the Colorado Supreme Court. 2-5-90. Verbatim record.

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A verbatim record of all proceedings and evidence at trials shall be kept by either electric device or stenographic means. 2-5-100. Court costs.

Whenever a person is convicted of a violation of this Code by the Municipal Court, the Municipal Judge shall impose court costs upon that person in an amount to be designated by resolution of the City Council. The resolution designating the amount of costs may specify whether costs may be suspended by the Municipal Court, and may specify that certain amounts of the costs shall be donated toward various law enforcement-related activities.

2-5-110. Contempt power.

(a) Any person whom the Municipal Court determines to have willfully failed to obey an order of the Municipal Court, including an order to pay a fine, may be found by the Municipal Court to be in contempt of the Court and may be punished for contempt. The punishment for contempt shall be at the discretion of the Municipal Court but shall not exceed the punishment prescribed for the violation of this Code and commission of misdemeanors. (b) In cases of indirect contempt, the alleged contemnor shall have all the rights, privileges, safeguards and protections of a defendant in a petty offense case, including but not limited to a formal written complaint, arraignment and trial by jury. 2-5-120. Sentencing procedures. (a) Restitution. As a condition of a suspended sentence, deferred sentence agreement or sentence to probation, the Municipal Court may provide that the defendant make restitution to the victim of his or her conduct or to a member of the victim's immediate family for the actual damages which were sustained by the victim as a result of the defendant's criminal conduct. The amount of such restitution shall be based on actual, pecuniary damages sustained by the victim, the ability of the defendant to pay, and the defendant's obligation to support his or her dependents and to meet other family obligations. The Court shall fix the time and manner of performance. For the purposes of this Section, immediate family includes the victim's spouse, and the victim's parent, sibling or child who is living with the victim. If the defendant fails to pay ordered restitution, he or she shall be returned to the Municipal Court which, upon proof of failure to pay, may: (a) modify the amount of restitution; (b) extend the time of probation; (c) order the defendant committed to jail with work release privileges; or (d) revoke probation and impose the sentence which had been suspended during the term of probation. As used in this Section, the term victim means the party immediately and directly aggrieved by a defendant who is convicted of a criminal act and who is granted probation. (b) Community or useful public service. Under the terms of Section 16-11-701, C.R.S., there is hereby established within the City a program of community or useful public service. Said program shall be supervised by the City Administrator or the City Clerk. The program may accept persons sentenced to community or useful public service by either the state courts or by the Municipal Court. In imposing a sentence to community or useful public service, the Municipal Court may impose upon a convicted defendant additional costs in an amount as established by resolution of City Council, and amended from time to time, to compensate the City for the cost of supervising the program and the cost of such insurance as the City may obtain for those persons in the program. (c) Employment status. Those persons in the community or useful public service program of the City, whether sentenced to that program by the state courts or by the Municipal Court, shall not be

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deemed employees of the City. Consistent with the terms of Section 16-11-701, C.R.S., those persons shall not be entitled to benefits and the City shall not be liable with respect to those persons under the Workers' Compensation Act of Colorado or the Colorado Employment Security Act. The City may, at its option, provide medical insurance for those persons for the times during which they are working in the community or useful public service program. 2-5-130. Sentencing of juveniles.

(a) The Municipal Court shall not impose jail sentences upon juveniles except for traffic violations and contempt of court. Jail sentences imposed upon juveniles shall be served in a juvenile detention facility or temporary holding facility as authorized by state statute and shall not exceed forty-eight (48) hours. One (1) jail sentence may be imposed for each separate traffic violation or each separate act or omission for which the Municipal Court finds a juvenile in contempt. (b) As punishment for violation of this Code, the Municipal Court may order a juvenile to perform useful public service as described in Section 2-5-130(b) above. Useful public service imposed by the Court shall be served under the supervision of the City Administrator as provided for in Section 2-5-130(b) above or, at the discretion of the Court, may be served under the auspices of any other local community or governmental organization. The Court may impose upon the juvenile so sentenced the obligation to provide proof that he or she has complied with the public service requirements.

ARTICLE VI

Police Department 2-6-10. Creation; composition. There is hereby established a Police Department for the City, which shall consist of one (1) Chief of Police and as many police officers as may from time to time be deemed necessary for the safety and good order of the City. 2-6-20. Departmental regulations.

The Police Department shall be operated and managed in accordance with such departmental rules and regulations as may from time to time be adopted by the City Council. 2-6-30. Chief of Police; appointment and duties.

(a) The immediate head of the Police Department shall be a Chief of Police who shall be a department head. It shall be the duty of the Chief of Police to: (1) See that the ordinances of the City and the laws of the State are duly enforced and the

rules and regulations of the Police Department obeyed, and perform such duties as may be required by the City Council.

(2) Direct the operations of the Police Department, subject to the rules and regulations

thereof. (3) Render such accounts of the Police Department, his or her duties and receipts as may be

required by the City Council, and keep the records of his or her office open to inspection by the City Council at any time.

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(b) Before entering upon the duties of such office, the Chief of Police shall take and subscribe to an oath that he or she will support the Constitution of the United States, the Constitution and laws of the State and ordinances of the City, and that he or she will faithfully perform the duties of the office upon which he or she is about to enter. 2-6-40. Status of police officers. (a) Members of the Police Department shall be employees of the City, and their hiring, discharge and discipline shall be done in a manner consistent with this Article. (b) Members of the Police Department may become deputy sheriffs within the County and may cooperate with the County Sheriff, the Colorado State Patrol and other law enforcement agencies within and without the City as directed by the Chief of Police or by the Mayor. 2-6-50. Duties of police officers. (a) Under the direction of the Mayor, the police officers shall conserve the peace within the City and cause the ordinances and regulations of the City to be faithfully and constantly obeyed. The police officers shall also attend to enforcement of the state laws within the City. All members of the Police Department shall have power and duties as follows: (1) They shall perform all duties required by the Chief of Police. (2) They shall be the enforcement officers of the City and shall see that the provisions of the ordinances of the City and the laws of the State are complied with. (3) They shall execute and return all writs and processes to them directed by the Municipal

Judge in any case arising under a City ordinance, and they may serve the same in any part of the County.

(b) The police officers and members of the Fire Department and Public Works Department may break and enter into any premises within the City when the same is necessary to preserve lives or property. Where practical, the owner or occupant of premises to be entered shall be contacted before entry. If impractical, entry may be made without the knowledge or consent of the owner or occupant thereof. 2-6-60. Oath of officers. Before entering upon the duties of his or her office, each police officer shall take and subscribe an oath that he or she will support the Constitution of the United States, the Constitution and laws of the State and the ordinances of the City, and that he or she will faithfully perform the duties of the office upon which he or she is about to enter.

ARTICLE VII

Boards and Commissions

2-7-10. Appointment of board and commission members.

Except as may be otherwise expressly provided herein, all board and commission members and alternates shall be residents of the City appointed by a majority of the City Council.

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2-7-20. Removal of board and commission members. (a) Except as may be otherwise expressly provided herein, cause for removal by City Council from a board or commission shall arise upon the happening of any of one (1) or more of the following events: (1) The member ceases to be a bona fide resident of the City. (2) The member's term of office has expired. A member of a board or commission shall

serve until his or her successor is selected. (3) The member is absent from three (3) or more meetings in any twelve (12) month period. (4) After a public hearing, the member has been determined by a majority of the City

Council to be guilty of inefficiency, neglect of duty or malfeasance in office and, following the hearing, has been removed by a majority of the City Council.

2-7-30. Vacancies. Vacancies on any board or commission shall be filled by appointment made by the City Council to serve out the unexpired member terms. 2-7-40. Compensation. Members of City boards and commissions shall serve without compensation, except that the City Council may authorize the reimbursement of reasonable out-of-pocket expenses incurred by members in the performance of their duties. In addition, during their term of service each member of a board or commission established in this Chapter, exclusive of special committees, shall receive an individual pool pass to the Salida Hot Springs Aquatic Center. 2-7-50. Meeting procedures. (a) All meetings of City boards and commissions shall be subject to the requirements of the Colorado Open Meetings Law. (b) In all cases where a board or commission is required to act by a majority vote, a majority of all members present at a meeting at which a quorum is present voting for or against any given proposition shall be sufficient. All votes shall be recorded by ayes and nays, except that a roll call vote shall be conducted upon the request of any member. A tie vote shall be deemed a denial of the matter voted upon. (c) Minutes of all regular and special meetings and resolutions passed by a board or commission shall be authenticated by the presiding officer and timely recorded in an official book kept for that purpose by the City. Meeting minutes shall be maintained in writing or by electronic recording device. (d) Actions of a board or commission shall be authenticated or certified by the Chairman, or the Vice Chairman in the absence of the Chairman.

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(e) All boards and commission may adopt such further rules and regulations for carrying out its business as it deems appropriate by a majority vote. (f) A board or commission may, by majority vote, set and conduct special meetings, work sessions, and site visits or inspections from time to time in addition to conducting regular meetings. The date, time, location and agenda for any special meeting shall be publicly posted and/or published in accordance with the requirements of the Colorado Open Meetings Law. 2-7-60. Election of officers.

Each board or commission, by a majority vote, shall choose from among its members a Chairman who shall be its presiding officer. The chairman shall serve for a term of one (1) year and may be re-elected for successive terms without limitation. The board or commission may select a Vice Chairman from among its members to carry out the duties of the Chairman in the Chairman's absence. 2-7-70. Establishment of special committees.

(a) In addition to the boards and commissions established in this Code, by resolution, the City Council may establish special committees for the purpose of advising the City Council, various departments and department heads, or for the purpose of operating City enterprises or representing the interests of the City in various private enterprises. Committees shall be considered parts of the City government. As such, the members shall be entitled to coverage by the City's liability insurance, and the committees and the members thereof shall be entitled to the benefits and protection granted by the Colorado Governmental Immunity Act as the same exists on the effective date hereof and as the same may be amended from time to time. (b) Members of special committees shall receive no salaries or other compensation from the City. By resolution, the City Council may provide for reimbursement of costs actually incurred by committee members. (c) Special committees shall have no authority in any of the following areas: the expenditure of City funds; binding the City to any contractual arrangements; the adoption of ordinances; or the exercise of any authority granted by state statute or City ordinance specifically to the City Council, officers or other City officials.

ARTICLE VIII

Planning Commission 2-8-10. Establishment.

Pursuant to the authority granted by Part 2 of Article 23 of Title 31, C.R.S., there is hereby created a Planning Commission for the City, which shall be a part of the City government. 2-8-20. Purpose. The Planning Commission is created for the following purposes: (1) To prepare and maintain, subject to periodic revision as necessary, a Master Plan as

described by state statutes.

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(2) To implement the provisions of Chapter 16 of this Code, and to perform all functions and powers referred to in said chapters where reference is made.

(3) To study and recommend to the City Council amendments to the Zoning Map of the City. (4) To study and recommend appropriate zoning classifications for all annexations to the

City. (5) To exchange information with the various governmental agencies charged with planning

and zoning responsibilities. (6) To have all other duties and powers incidental to the above and any and all powers and

duties set out by state statute, except that nothing herein shall permit the Planning Commission to make amendments or changes in the zoning of the City, such powers expressly being reserved by the City Council.

2-8-30. Membership and organization. (a) The Planning Commission shall consist of seven (7) members and two (2) alternates, each of whom shall maintain his or her primary residency within the City. No person shall be a member of the Planning Commission who is also the Mayor, an active member of the City Council or an employee of the City, or who holds any other municipal office. (b) Alternate members to the Planning Commission may attend any Planning Commission meeting and shall have the right to participate in any matter before the Planning Commission, but shall not have the right to vote except as otherwise provided herein. An alternate member of the Planning Commission may be designated to vote on any matter before the Planning Commission in which such alternate member has participated, such designation to be made by the Chairman of the Planning Commission. Such designation of an alternate member to vote may occur only on the absence or other nonparticipation by a regular member of the Planning Commission. Such designation of an alternate member to vote shall be made on a case-by-case basis and shall not continue beyond those cases for which the designation has been made. (c) A person shall take office as a member of the Planning Commission by indicating his or her assent to the appointment in a public fashion. An oath is not necessary, and attending a meeting and voting at the meeting is sufficient to indicate acceptance of the office. (d) A quorum for the Planning Commission to transact business shall consist of four (4) members. 2-8-40. Term of office.

All members of the Planning Commission shall serve a term of four (4) years from the date of their appointment. A person appointed to fill a vacancy shall serve until the term of his or her predecessor terminates according to the time of his or her predecessor's appointment and in accordance with the term schedules maintained by the City. 2-8-50. Power and duties.

(a) The Planning Commission shall have all authority conferred upon municipal planning commissions by state statute and shall serve, ex officio, as the Zoning Commission of the City.

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(b) In addition to its duties created by state law, the Planning Commission may review and initiate zoning changes within the City. The Planning Commission shall recommend zoning for land annexed to the City. (c) Changes in zoning or in Chapter 16 of this Code may be initiated by the Planning Commission or the City Council; however, the City Council shall take no action on changes in zoning until such time as the Planning Commission has reviewed proposed changes and made a recommendation to the City Council.

ARTICLE IX

Board of Adjustment

2-9-10. Establishment. There is hereby created and established the Board of Adjustment, which shall perform those duties and exercise the powers and responsibilities as set forth in this Article. 2-9-20. Membership and organization.

The members of the Planning Commission shall serve as the Board of Adjustment. 2-9-30. Powers and duties.

The Board of Adjustment shall have the powers and duties to approve, approve with conditions or deny applications for variances pursuant to the provisions of Chapter 16, Article XII of this Code.

ARTICLE X

Board of Appeals

2-10-10. Establishment.

There is hereby created and established the Board of Appeals which shall exercise the powers and responsibilities as set forth in this Article. 2-10-20. Membership and organization.

(a) The Board of Appeals shall consist of five (5) regular members and up to two (2) alternate members who shall serve staggered three-year terms. No person shall be a member of the Planning Commission, the Mayor, an active member of the City Council or an employee of the City, or who holds any other municipal office. Alternate members shall perform all of the duties of a regular member in the absence or disqualification of a regular member from a meeting of the Board. A member may continue to serve the Board until his or her successor is appointed and assumes office. Members may be reappointed to serve successive terms without limitation. Not less than three (3) members must be present at a regular or special meeting to transact business. (b) The Board shall elect a Chairperson and a Vice Chairperson from among its members by majority vote. The Chairperson and the Vice Chairperson so elected shall serve terms of one (1) year and may be reelected to office without limitation 2-10-30. Powers and duties.

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The Board of Appeals shall have the following powers and duties: to reverse or affirm, wholly or in part, or modify the order, requirement, decision, interpretation or determination of the Building Official pursuant to the provisions of Chapter 18, Article VIII of this Code.

ARTICLE XI

Historic Preservation Commission

2-11-10. Establishment.

There is hereby created and established the Historic Preservation Commission, which shall perform those duties and exercise the powers and responsibilities as set forth in this Article. 2-11-20. Membership and organization.

(a) The five (5) regular members of the Historic Preservation Commission shall serve staggered three-year terms. Members must be residents and qualified electors of the County. A member may continue to serve on the Historic Preservation Commission until his or her successor is appointed and assumes office, and a member may be reappointed to serve successive terms without limitation. (b) Upon establishment of the Historic Preservation Commission as herein provided, three (3) members shall serve an initial term of three (3) years, and two (2) members shall serve an initial term of two (2) years. (c) The City Council shall endeavor to maintain a balance of interests and skills on the Historic Preservation Commission and shall strive to appoint persons with experience, training and/or knowledge in architecture, architectural history, historic preservation, the State and/or local history, landscape architecture, archeology, land use planning, design or engineering, or experience in the building trades. Not less than two (2) members shall be experienced and/or possess expertise in one (1) or more of the fields listed above. (d) Not less than three (3) members must be present at a regular or special meeting to transact business, and all questions coming before the Historic Preservation (e) The Historic Preservation Commission shall conduct not less than four (4) regular meetings per year and shall adopt such rules of procedure as it deems necessary to conduct business. 2-11-30. Powers and duties.

The Historic Preservation Commission shall have the following powers and duties: (1) Provide advice and recommendations to the City Administrator regarding the designation

of buildings, sites, structures and neighborhoods as historic landmarks or historic districts. (2) Compile, maintain, prioritize and regularly update an inventory of historic buildings,

sites, structures and neighborhoods within the City and its immediate environs. (3) Make recommendations to staff regarding the issuance of certificates of approval for the

addition to or demolition, moving, exterior alteration, renovation or restoration of designated historic landmark buildings, sites or structures, and/or other buildings or structures within historic districts.

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(4) Develop, analyze and recommend to the City Administrator ordinances and/or other

regulations or policies, including design and/or architectural guidelines, for the preservation, regulation, enhancement and protection of historic structures and neighborhoods within the City.

(5) Develop and implement public education programs regarding historic preservation and

historic buildings, sites, structures and neighborhoods within the City. (6) Assist the City Administrator in pursuing public and private grants and other financial

resources for the support and/or implementation of historic preservation programs and efforts within the City.

(7) Undertake such special tasks or functions as may be assigned to the Historic Preservation

Commission by the City Council.

ARTICLE XII

Tree Board 2-12-10. Establishment.

There is hereby created and established a Tree Board for the City which shall perform those duties and exercise those powers and responsibilities as set forth in this Article. 2-12-20. Membership and organization.

The Tree Board shall consist of a minimum of three (3) members who shall be citizens and residents of the City. The term of appointed members shall be two (2) years, except that the term of two (2) of the members appointed to the first Tree Board shall be for only one (1) year. In the event that a vacancy shall occur during the term of any member, a successor shall be appointed for the unexpired portion of the term. A majority of the members shall be a quorum for the transaction of business. Interested individuals may attend meetings but will not vote. 2-11-30. Powers and duties. (a) It shall be the responsibility of the Tree Board to study and develop and/or update a written proposed work plan. Said plan will include recommended practices and associated costs for the care, preservation, trimming, planting, replanting, removal or disposition of street and park trees. (b) The Public Works Director shall be consulted by the Tree Board prior to presentation of the proposed annual work plan to the City Council to ensure said plan does not conflict with ongoing and/or proposed City activities. (c) The plan will be presented annually to the City Council and, upon its acceptance and approval, shall constitute the official comprehensive tree plan for the City. The City Council will attempt to follow, as closely as possible, the plan submitted by the Tree Board. (d) The Tree Board, when requested by the City Council, shall consider, investigate, make findings, report and recommend upon any special matter of question coming within the scope of its work.

ARTICLE XIII

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SteamPlant Commission 2-13-10. Establishment. (a) There is hereby created and established the SteamPlant Commission (SPC), which shall perform those duties and exercise those powers and responsibilities as set forth in this Article. (b) The SPC is created for the following purposes: (1) To oversee the development and operation of the SteamPlant Event Center ("the

SteamPlant") as a diverse cultural and educational venue. (2) To oversee financial and operational policies for the SteamPlant. (3) To serve as the connecting link between the community, City Council, City staff,

SteamPlant Foundation, the County and the SteamPlant staff. 2-13-20. Membership and organization. (a) The SPC shall consist of seven (7) members appointed by the City Council as follows: (1) Three (3) members selected and recommended by the Friends of the SteamPlant Board or

its successor; (2) One (1) member selected and recommended by the County Commissioners; (3) One (1) member selected by the City Council representing the lodging industry as an

event advocate; (4) The City Administrator; and (5) The Finance Director. The appointed members shall serve two-year terms. Members must be residents and qualified electors of the County. A member shall continue to serve on the SPC until his or her successor is appointed and assumes office. A member may be reappointed to serve successive terms without limitation. (b) Upon establishment of the SPC as herein provided, the members selected and recommended by the SteamPlant Board or its successor shall staggered terms. (c) Not less than four (4) members must be present at a regular or special meeting to transact business. (d) The SPC shall conduct not less than one (1) regular meeting quarterly and shall adopt such rules of procedure as it deems necessary to conduct business. 2-13-30. Powers and duties. The SPC shall have the following powers and duties:

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(1) Provide financial and operational oversight. (2) Serve as the connection link between the community, the City of Salida, and the

SteamPlant. (3) Participate with the City in the SteamPlant budget development process. (4) Promote the benefits of economic development of the facility. (5) Preserve the history and heritage of the facility. (6) Advise the City of Salida through the Director of the SteamPlant on staffing and

operation. (7) Ensure that approved minutes of all meetings and an annual financial and operational

report are provided to the SteamPlant Board or its successors, the County and the City. (8) Promote the SteamPlant as a high-quality, attractive venue that increases business and

tourism in the City and the Upper Arkansas River Valley. (9) Encourage diverse and quality performances that help meet the cultural interests and

needs of the community. (10) Protect programming from political interference or censorship.

ARTICLE XIV

Recreation Advisory Board

2-14-10. Establishment. There is hereby created and established a Recreation Advisory Board for the City, which shall perform those duties and exercise those powers and responsibilities as set forth in this Article. 2-14-20. Membership and organization. (a) The Recreation Advisory Board shall consist of seven (7) members, including five (5) at-large members appointed by the City Council, the Recreation Director, and the Public Works Director, and two (2) alternates appointed by the City Council. (b) The term of appointed members shall be two (2) years, except that the term of two (2) of the members appointed to the first Recreation Advisory Board shall be for only one (1) year. Alternate members shall serve one (1) year terms. In the event that a vacancy shall occur during the term of any member, a successor shall be appointed for the unexpired portion of the term. Members may be reappointed to serve successive terms without limitation. (c) A majority of the members shall be a quorum for the transaction of business. 2-14-30. Powers and duties. The Recreation Advisory Board shall have the following powers and duties.

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(1) To serve as a link between the City Council, City staff, and the community. (2) To assist the City in evaluating and prioritizing parks, trails, recreation, and open space

projects in the community. (3) To assist the City in evaluating funding sources for parks, trails, recreation, and open

space projects in the community.

ARTICLE XV

Civil Emergencies

2-15-10. Declaration of emergency. When it appears to the Mayor that the general health, safety and welfare of the inhabitants of the City are threatened by general public unrest or riot, or by attack upon the State, he or she may declare a state of emergency by proclamation. The proclamation shall be in writing and shall be announced publicly, by radio, posting or publication, if at all possible. 2-15-20. Restricted activity during emergency. The proclamation may impose a curfew within the City, may prohibit public or private assemblies, may impose restrictions on movement within the City and may contain such other regulations as the Mayor deems necessary and proper to the maintenance of public peace, order and safety. 2-15-30. Term and validity of proclamation. (a) Term of proclamation, extension. Any proclamation hereunder shall expire ten (10) days after its issue unless sooner revoked by the Mayor or by two-thirds (⅔) vote of the City Council. The City Council may extend any proclamation issued by the Mayor hereunder for a period not to exceed forty (40) days by a two-thirds (⅔) vote. (b) Validity. The validity of any proclamation issued hereunder may be challenged in any court of competent jurisdiction. 2-15-40. Violation. Any person who knowingly violates any of the terms of the proclamation commits a misdemeanor.

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CHAPTER 4

Revenue and Finance

Article I Fiscal Year

Sec. 4-1-10 Fiscal year established

Article II General, Special and Enterprise Funds

Sec. 4-2-10 Custody and management of funds Sec. 4-2-20 General Fund created Sec. 4-2-30 Special funds

Article III Sales Tax

Sec. 4-3-10 Tax imposed Sec. 4-3-20 Amount of tax, limitations Sec. 4-3-30 Taxable items and services Sec. 4-3-40 Exemptions from tax Sec. 4-3-50 Disposition of revenue Sec. 4-3-60 Collection, administration and enforcement Sec. 4-3-70 Effective date of tax Sec. 4-3-80 Violations and penalty

Article IV Telephone Occupation Tax

Sec. 4-4-10 Tax levied Sec. 4-4-20 Amount of tax; payment Sec. 4-4-30 Failure to pay tax; collection by City

Article V Disposition of Unclaimed Property

Sec. 4-5-10 Purpose Sec. 4-5-20 Definitions Sec. 4-5-30 Procedure of disposition of property Sec. 4-5-40 Final disposition

Article VI Occupational Lodging Tax

Sec. 4-6-10 Tax levied Sec. 4-6-20 Tax revenues pledged for certain purposes Sec. 4-6-30 Collection, administration, and enforcement

Sec. 4-6-40 Violation; penalty

Article VII Municipal Liens

Sec. 4-7-10 Municipal liens Sec. 4-7-20 Discharge of liens

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Typewritten Text
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CHAPTER 4

REVENUE AND FINANCE

ARTICLE I

Fiscal Year 4-1-10. Fiscal year established. The fiscal year of the City shall commence on January 1 of each year and shall extend through December 31 of the same year.

ARTICLE II

General and Special Funds

4-2-10. Custody and management of funds. Moneys in the funds created in this Chapter shall be in the custody of and managed by the City Administrator. The City Administrator shall maintain accounting records and account for all of said moneys as provided by law. Moneys in the funds of the City shall be invested or deposited by the City Administrator in accordance with the provisions of law. All income from the assets of any fund shall become a part of the fund from which derived and shall be used for the purpose for which such fund was created; provided that, except as otherwise provided in this Code or by other ordinances or laws, the City Council may transfer out of any fund any amount at any time to be used for such purpose as the City Council may direct. 4-2-20. General Fund created. There is hereby created a fund, to be known as the General Fund, which shall consist of the following: (1) All cash balances of the City not specifically belonging to any existing special fund of the

City. (2) All fixed assets of the City (to be separately designated in an account known as the

General Fund Fixed Assets) not specifically belonging to any existing special fund of the City. 4-2-30. Special funds.

The City Administrator shall maintain, in the accounting records of the City, separate accounts for any and all special funds of the City, including, but not limited to, the Conservation Trust Fund, the Water and Wastewater Enterprise Fund, and the SteamPlant Event Center Fund. The principal and interest earned by the amounts in each such fund shall be credited separately in each such account, and the monies in each fund shall be used only for the purposes allowed by law.

ARTICLE III

Sales Tax

4-3-10. Tax imposed.

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In accordance with Section 29-2-105, C.R.S., there is imposed a tax on the sale of tangible personal property at retail and the furnishing of services. Said tax shall be levied and collected on all sales of tangible personal property and all furnishing of services in the City, subject to the levy and collection of the state sales tax imposed by Article 26 of Title 39, C.R.S. 4-3-20. Amount of tax, limitations. (a) The tax imposed by this Article shall be equal to three percent (3.0%) of the gross receipts. The imposition of tax on individual sales shall be in accordance with the schedule set forth in the rules and regulations promulgated by the Department of Revenue. (b) The amount subject to tax under this Article shall not include the amount of any sales or use tax imposed by Article 26 of Title 39, C.R.S. 4-3-30. Taxable items and services. (a) Except as exempted by Section 4-3-40, the tangible personal property and services taxable under this Article shall be the same as the tangible personal property and services taxable pursuant to Section 39-26-701, et seq., C.R.S. (b) For the purposes of the sales tax imposed by this Article, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his or her agent to a destination outside of the City limits or to a common carrier for delivery to a destination outside of the City limits. The gross receipts from such sales shall include delivery charges when such charges are subject to state sales and use taxes imposed by Article 26 of Title 39, C.R.S., regardless of the place to which delivery is made. If a retailer has no permanent place of business in the City or has more than one (1) place of business in the City, the place at which the retail sales are consummated for the purpose of this Article shall be determined by the provisions of Article 26 of Title 39, C.R.S., and by rules and regulations promulgated by the Colorado Department of Revenue. 4-3-40. Exemptions from tax. (a) The value of construction and building materials on which a use tax has previously been collected by an incorporated town, city or county shall be exempt from the City sales tax if the materials are delivered by the retailer or his or her agent to a site within the City. (b) The following items and services shall be exempted from taxation: (1) Those items and services granted exemption from state sales tax by Section 39-26-701, et

seq., C.R.S.; however, the following items are not exempted and shall be taxed: a. Machinery or machine tools as specified in Section 39-26-709, C.R.S.; b. Food as specified in Section 39-26-707, C.R.S. (2) The sale of personal property on which a specific ownership tax has been paid or is

payable when such sale meets both of the following conditions: a. The purchaser is a nonresident of or has his or her principal place of business

outside of the City; and

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b. Such personal property is registered or required to be registered outside of the City under state law.

(c) For transactions consummated on or after July 1, 1990, The City's sales tax shall not apply to the sale of construction and building materials, as the term is used in Section 29-2-109, C.R.S., if such materials are picked up by the purchaser and if the purchaser of such materials presents to the retailer a building permit or other documentation acceptable to the City Clerk evidencing that a local use tax has been paid or is required to be paid upon such materials. (d) For transactions consummated on or after July 1, 1990, the City’s sales tax shall not apply to the sale of tangible personal property at retail or the furnishing of services if the transaction was previously subjected to a sales or use tax lawfully imposed on the purchaser or user by another statutory or home rule municipality equal to or in excess of three percent (3.0%). (e) Until modified by future action of the City Council, the City’s sales tax shall not apply to sales of solar power components within the City to net metering customers, subject to the following conditions: (1) For purposes of this Section, solar power components shall include, but are not limited to,

solar modules, trackers, generating equipment, supporting structures or racks, inverters, towers and foundations, balance or system components such as wiring, control systems, switchgears, and generator step-up transformations, and concentrating solar power components that include, but are not to, mirrors, plumbing, and heat exchangers. As used in this Section, solar power components shall not include any components beyond the point of generator step-up transformers located at the production site, labor, energy storage devices, or remote monitoring systems.

(2) To be eligible for a sales tax credit for solar power components, the purchaser must

submit to the City a final inspection certification for the solar power system from an energy provider showing the purchaser’s inclusion in a net metering program as well as an invoice from the contractor or purchaser showing the amount of sales tax paid on the solar power components.

4-3-50. Disposition of revenue. (a) Thirty-five percent (35%) of proceeds received from the two-percent sales tax imposed by the City shall be pledged to the Sales Tax Capital Improvement Fund to be used to provide streets and other capital improvements or to pay debt service on bonds or other obligations of the City issued to provide for such capital improvements. All other revenue shall be allocated as follows: (1) Nine percent (9%) shall be allocated to a Capital Expenditures Fund to be used for the

purchase of machinery and equipment that is greater than five hundred dollars ($500.00) with a useful life in excess of one (1) year.

(2) One percent (1%) shall be allocated to an Economic Development Fund to be used as

approved by the City Council for economic development within the City. (3) Up to eight percent (8%) shall be allocated to a Contingency Fund in any calendar year

when such fund is less than fifteen percent (15%) of the City's General Fund Operating Budget, it being the intent to maintain a Contingency Fund which, in any year, is equal to fifteen percent (15%) of the General Fund Operating Budget. The Contingency Fund can be utilized by the City Council to cover unbudgeted, unforeseen reductions in revenue collections or unusual expenditures outside the scope of normal operations.

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(4) All other revenue collected from the City sales tax shall be allocated to the General Fund

for operating expenditures. (b) The proceeds of the one percent (1.0%) increase in sales tax imposed by Ordinance No. 34, Series of 2008 shall be used for funding construction, operation, maintenance, and repair of roads and other public infrastructure of the City. (c) Upon adoption of the ordinance codified herein by the City Council, said ordinance shall be submitted to an election by the registered electors of the City for their approval or rejection. The next regularly scheduled election will be held November 1, 2005, which is within ninety (90) days of the adoption of said ordinance. 4-3-60. Collection, administration and enforcement. (a) The collection, administration and enforcement of the City retail sales tax adopted by this Article shall be performed by the Colorado Department of Revenue in the same manner as the collection, administration and enforcement of the state sales tax. The provisions in Article 26 of Title 39, C.R.S., heretofore or hereafter enacted, shall govern the collection, administration and enforcement of the City retail sales tax authorized by this Article. (b) The tax imposed by this Article shall be a first and prior lien upon the goods and business fixtures of or used by any retailer under lease, title-retaining contract, or other contract arrangement, except stock of goods sold or for sale in the ordinary course of business, and shall take precedence on all such property over other liens and claims of whatsoever kind or nature, except that of the State, pursuant to Section 39-26-117, C.R.S., as may be amended. (c) In the event the City has occasion to assert that a taxpayer is deficient in the payment of sales tax, the procedures provided for in Section 29-2-106.1, C.R.S., shall be followed. 4-3-70. Effective date of tax. The imposition and collection of the tax imposed hereby shall commence on July 1, 1990. 4-3-80. Violations and penalty. It is a misdemeanor for any person who is a retailer, or the manager of any corporate person who is a retailer, to fail or refuse to make a return required to be made to the Colorado Department of Revenue; to make any false or fraudulent return or false or fraudulent statement on any return; to fail or refuse to make payment to the Director of Revenue of taxes collected or due under the provisions of this Article; or in any manner to evade the collection or payment of the tax, or any part thereof, in accordance with this Article; or for any purchaser to fail or refuse to pay such tax, to evade the payment thereof or to aid or abet another in any attempt to evade the payment of tax. Any person who is convicted of such offense shall be subject to the general penalty provisions set forth at Chapter 1, Article IV of this Code.

ARTICLE IV

Telephone Occupation Tax

4-4-10. Tax levied.

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A tax is hereby levied on all utility companies operating within the City engaged in the occupation or business of maintaining a telephone exchange within the City and/or providing telephone service to the inhabitants of the City. 4-4-20. Amount of tax; payment. The amount of this tax shall be eight thousand dollars ($8,000.00) per calendar year, which tax shall be due and payable for each year, or part of a year, in which a utility company engaged in providing a telephone service within the City on December 1 of that year. The payment of this tax shall be made to the City on or before the due date for each year. 4-4-30. Failure to pay tax; collection by City. If any utility company subject to this tax fails to pay this tax when due, the amount due shall be deemed a debt to the City and, upon the direction of the City Council, the same shall be collected in any court of competent jurisdiction together with attorney's fees for the City and interest at ten percent (10%) per annum on the unpaid balance due of the tax.

ARTICLE V

Disposition of Unclaimed Property

4-5-10. Purpose.

The purpose of this Article is to provide for the administration and disposition of unclaimed property which is in the possession or under the control of the City. The following shall be exempt from application of this Article:

(1) Abandoned motor vehicles as defined in Section 8-3-40 of this Code;

(2) Property the possession of which is illegal under City, state or federal law;

(3) Property the seizure of which is governed by state or federal law;

(4) Property the disposition of which is provided for by an order of a court having jurisdiction concerning the same; or

(5) Property the City Administrator reasonably determines is of no value.

4-5-20. Definitions. Unless otherwise required by context or use, words and terms shall be defined as follows: Owner means a depositor in the case of a cash deposit, a beneficiary in case of a trust other than a

deposit in trust, a creditor, claimant or payee in the case of other intangible property or a person having a legal or equitable interest in unclaimed property held by the City or such person's legal representative.

Person means an individual, business, association, state or other government, governmental

subdivision or agency other than the City, public corporation, public authority, estate, trust, two (2) or more persons having a joint or common interest or any other legal or commercial entity.

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Unclaimed property means and includes any tangible or intangible property, as those terms are

defined at Section 38-13-102, C.R.S., including money, securities and any income or increment derived from any money or securities, less any lawful charges, which has been:

(a) Held for its owner by or under the control of the City and which has not been

claimed by its owner for a period of more than ninety (90) days after it became payable, demandable or returnable.

(b) Lost or abandoned and which has been left in the custody of the City by a person

other than its owner. Such property shall be deemed to be unclaimed property immediately upon its transfer to the custody of the City.

(c) Held as evidence by or under the control of the City for criminal justice purposes,

and for which more than ninety (90) days have elapsed after the date of final disposition of pending charges or after the last day for filing an appeal.

4-5-30. Procedure for disposition of property. (a) Prior to the disposition of any unclaimed property having an estimated value of five hundred dollars ($500.00) or more, the City Administrator shall send written notice by certified mail, return receipt requested, to the last known address of the owner of such property. The last known address of the owner shall be the last address of the owner as shown by the records of the City department holding the property. The notice shall include a description of the property and its estimated value, plus the following information if known: the date on which the property became payable, demandable or returnable; the date of the last transaction with the owner with respect to the property; and the purpose for which the property was deposited or otherwise held. The notice shall state where the owner may inquire about or claim the property. The notice shall also state that, if the owner fails to provide the Mayor with a written claim for the return of the property within thirty (30) days of the date of the notice, the property shall be deposited into the unclaimed property account of the City or held for disposition pursuant to Section 4-5-40. (b) Prior to disposition of any unclaimed property having an estimated value of five hundred dollars ($500.00) or more and having no last known address of the owner, the City Administrator shall cause notice to be published in a newspaper of general circulation in the City. The notice shall include a description of the property and its estimated value, plus the following information if known: its owner; the date on which the property became payable, demandable or returnable; the date of the last transaction with the owner with respect to the property; and the purpose for which the property was deposited or otherwise held. The notice shall state where the owner may inquire about or claim the property. The notice shall also state that, if the owner fails to provide the City Administrator with a written claim for the return of the property within thirty (30) days of the date of the publication of the notice, the property shall be deposited into the unclaimed property account of the City or held for disposition pursuant to Section 4-5-40. (c) The City Administrator is not required to mail or publish notice pursuant to this Section regarding any unclaimed property valued at less than five hundred dollars ($500.00), unless the City Administrator considers such mailing or publication to be in the public interest. If not claimed by its owner within thirty (30) days of the date on which it is deemed to be unclaimed property, such property shall be deposited into the unclaimed property account of the City or held for disposition pursuant to Section 4-5-40.

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(d) If a claim is received within the thirty-day claim period, the City Administrator shall evaluate the claim and give written notice to the claimant within sixty (60) days after receipt that the claim has been accepted or denied in whole or in part. Each such claim shall be accompanied by proof sufficient to establish the claimant as the owner of the property. The City Administrator may investigate the validity of a claim and request further supporting documentation from the claimant prior to disbursing or refusing to disburse the property. (e) If there is more than one (1) claimant for the same property, the City Administrator may, in the City Administrator 's sole discretion, resolve such claims or may direct the City Attorney to deposit the disputed property with the registry of the District Court in an interpleader action. (f) If a claim is upheld with respect to any unclaimed property, the claimant shall, as a pre-requisite to recovering possession, reimburse the City for all reasonable expenses incurred in storing or handling such property. (g) If a claim is denied with respect to any unclaimed property, such property shall be deposited into the unclaimed property account of the City or held for public sale or disposition pursuant to Section 4-5-40. (h) Any legal action filed challenging a decision of the City Administrator shall be filed pursuant to Rule 106 of the Colorado Rules of Civil Procedure within thirty (30) days of such decision or shall be forever barred. If any legal action is timely filed, the property shall be disbursed by the City Administrator pursuant to the order of the court having jurisdiction over such claim. (i) The Chief of Police is authorized to establish and administer procedures consistent with this Article for the safekeeping, administration and disposition of unclaimed property in the custody or control of the Police Department. The City Administrator is authorized to establish and administer procedures consistent with this Article for the safekeeping, administration and disposition of unclaimed property in the custody or control of all other City departments, offices and agencies, including compliance requirements for other City officers and employees in the identification and disposition of such property. (j) The failure of any owner of unclaimed property to submit a timely claim under this Section shall neither preclude the subsequent filing of a claim nor extinguish any legal or equitable interest of such owner in such property or, if sold or otherwise disposed of pursuant to Section 4-5-40, the proceeds of such sale or an amount equal to the estimated value of such property as determined by the Mayor at the time of final disposition. (k) The City Administrator may immediately dispose of property that reasonably appears to pose a sanitary, health or safety hazard if stored, but the Mayor shall keep a log of all property so disposed. 4-7-40. Final disposition. (a) Following the expiration of the thirty-day claim period, as applicable, and the resolution of all outstanding claims pursuant to Section 4-5-30, the City may, at the discretion of the City Administrator: (1) Use any unclaimed property in City operations if, in the opinion of the City

Administrator, its use will serve a public purpose;

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(2) Destroy any unclaimed property which the City is otherwise unable to dispose of or use if, in the opinion of the City Administrator, such property is of negligible value; or

(3) Transfer possession to the finder of any unclaimed property which has been lost

or abandoned and which has been left in the custody or control of the Police Department upon written request of the individual or individuals who found such property; or

(4) Donate property of less than $500.00 in estimated value to a charitable or non-

profit organization; or (5) Offer for sale by sealed bid property of $500.00 or more in estimated value;

provided, however, that the City Council may approve the donation of such property to a charitable or non-profit organization.

(b) Weapons shall be disposed of as follows: (1) Weapons which remain unclaimed following the expiration of the thirty-day

claim period shall become the property of the Police Department, if usable by the Police Department for training, repairs or similar uses. If unusable by the Police Department, such weapons shall be destroyed or auctioned off to a federally licensed firearms dealer only.

(2) Any weapon used in a violent crime shall be destroyed. (c) Any proceeds from the sale of unclaimed property pursuant to this Section shall be

deposited in the unclaimed property account of the City. (d) Any purchaser or donee of unclaimed property under this Section shall take such property without warranty against any claim of the owner or previous holder thereof and of all persons claiming through or under them. The City Administrator shall execute all documents necessary to complete the transfer of ownership.

ARTICLE VI

Occupational Lodging Tax

4-6-10. Tax levied. Commencing March 1, 2009, pursuant to C.R.S. §31-15-501(1)(c) there is hereby levied an occupation tax on the business of leasing or renting of rooms or other accommodations within the City of Salida for less than thirty (30) consecutive days at the rate of $4.82 per night per occupied room; provided, however, that the tax shall be subject to a temporary reduction of $2.32 until modified by ordinance of the City Council, making the total occupational lodging tax assessed, until modified, to be $2.50 per night per occupied room. The person or entity furnishing such short-term accommodations shall pay the tax to the City. All sums of money due pursuant to this Section shall be and remain public money and the property of the City held in trust for the sole use and benefit of the City. 4-6-20. Tax revenues pledged for certain purposes.

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The proceeds of the occupational lodging tax described in Section 4-6-10, together with investment earnings thereon, shall be used primarily for capital improvements and operations expenses for parks and recreation and arts facilities in the City, including, without limitation, the Aquatic Center and the SteamPlant Theater. 4-6-30. Collection, administration, and enforcement. The tax levied by this Article shall begin to accrue on January 1, 2009. The collection, administration, and enforcement of this occupational lodging tax shall be performed by the City City Administrator, who is hereby authorized to prescribe forms and administrative procedures for the ascertainment, assessment, and collection of the occupational lodging tax not inconsistent with this Article, and for the enforcement of this Article. 4-6-40. Violation; penalty. Failure to comply with the terms of this Article by payment of taxes, remitting the occupational lodging tax to the City, and otherwise complying with the terms of this Article shall constitute an offense in violation thereof subject to the violation provisions set forth at Chapter 1, Article IV of this Code. Further, if the lodging services vendor fails to pay this tax when due, the amount due shall be deemed a debt payable to the City and subject to collection with interest at ten percent (10.0%) per annum on the unpaid balance due of the tax. Such remedies shall be cumulative with all other remedies provided herein for the enforcement of this Article. The City shall have the right to collect from any person who fails to comply with the terms of this Article all legal, court, and other costs and expenses necessary to or incidental to the collection of said tax, including reasonable attorneys’ fees, filing fees and other costs, and recording fees.

ARTICLE VII

Municipal Liens 4-7-10. Municipal Liens. (a) In accordance with C.R.S. §31-20-105, if any delinquent charges, assessments, or taxes have not been otherwise collected, the City Administrator may certify the amount due to the County Treasurer of the county in which the real property of the person owing the money to the City is located. The County Treasurer, upon receipt of the statement of the City Administrator establishing the amount owed, shall collect the amount owed in the same manner as municipal taxes are collected, provided, however, that upon notice to the Treasurer by the City that the City intends to pursue judicial foreclosure of the lien so established, the Treasurer shall refrain from attempting to collect the amount due. (b) The procedure contained in this Article is not intended to establish an exclusive method for collection of amounts owed to the City, and nothing contained herein shall preclude the City from pursuing other methods of collection, including judicial foreclosure of municipal liens. 4-7-20. Discharge of Lien. Within thirty (30) days of payment of the full amount owed to the City, the City Administrator shall notify the County Treasurer of the county in which the payor's property is situated that the amount due the City has been paid, and that any liens resulting from that debt shall be discharged.

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CHAPTER 5

Franchises and Communication Systems

Article I Franchises

Sec. 5-1-10 Franchises defined Sec. 5-1-20 Granting of franchises Sec. 5-1-30 Existing franchises

Article II Emergency Telephone Charges

Sec. 5-2-10 Emergency telephone charge imposed Sec. 5-2-20 Collection of charge Sec. 5-2-30 Emergency telephone service authority

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Typewritten Text
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CHAPTER 5

Franchises and Communications Systems

ARTICLE I

Franchises

5-1-10. Franchise defined.

Franchise means an agreement between a supplier of a product or service, such as telephone, internet, or cable television services, and the City by which the City agrees to sell the franchisor's product or service to City residents according to the terms and conditions set out in a franchise agreement. State and federal law regulate the content of franchise agreements.

5-1-20. Granting of franchises.

(a) No franchise shall be granted or renewed for a longer period than twenty (20) years.

(b) No franchise shall be granted, renewed, or amended by the City Council except by ordinance. Any ordinance granting, renewing, or amending a franchise shall be subject to a timely referendum if one is filed in accordance with the procedures and requirements set forth in this Charter.

(c) Notwithstanding any other provision of this Article, such a petition shall be signed by registered electors of the City equal in number to at least five percent of the total number of electors of the City registered to vote at the regular election immediately preceding the filing of the petition.

(d) If such an election is ordered, the grantee of such franchise shall deposit the cost of the election with the City Clerk (e) Each franchise granted pursuant to this Charter shall include a provision for a periodic review of the franchise by the Council. (f) The Council shall establish, by ordinance not inconsistent with this Charter, the terms, fees, compensation, conditions, recordkeeping, and other matters relating to franchises. (g) The franchisee shall promptly file, in writing, its acceptance of each grant, renewal, or amendment of a franchise following final adoption of the ordinance making such grant, renewal, or amendment. The failure to file such an acceptance within forty-five (45) days of said final adoption shall be deemed an acceptance of such grant, renewal, or amendment. 5-1-30. Existing franchises.

All franchises approved by City ordinance in effect at the time that this Article is adopted shall remain in full force and effect according to their provisions and terms until the expiration date provided in such ordinance or until modified by another franchise.

ARTICLE II

Emergency Telephone Charges

5-2-10. Emergency telephone charge imposed.

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There is hereby imposed, pursuant to Section 29-11-101 et seq., C.R.S., upon all telephone exchange access facilities within the City an emergency telephone charge in an amount not to exceed two percent (2%) of the tariff rates as approved by the Public Utilities Commission or fifty cents ($0.50), whichever is less. Upon recommendation of the emergency telephone service authority, the City Council may, by resolution, raise or lower the emergency telephone charge, but in no event shall such charge exceed the amount of two percent (2%) of the tariff as approved by the Public Utilities Commission. 5-2-20. Collection of charge. Telephone service suppliers providing telephone service in the City are hereby authorized to collect the emergency telephone charge imposed by this Article in accordance with Section 29-11-101 et seq., C.R.S. 5-2-30. Emergency telephone service authority.

The amounts collected pursuant hereto shall be delivered to the Emergency Telephone Service Authority created by the agreement of 22 September, 1989, entered into by and between the Board of County Commissioners of Chaffee County, Colorado, the Town of Poncha Springs, the City of Salida, the Town of Buena Vista, the South Arkansas Fire Protection District, the Salida Hospital District and the Chaffee County Fire Protection District.

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CHAPTER 6

Business Licenses and Regulations

Article I Alcoholic Beverages Sec. 6-1-10 License required Sec. 6-1-20 State procedures apply Sec. 6-1-30 Local licensing authority Sec. 6-1-40 Fees Sec. 6-1-50 License renewal Sec. 6-1-60 Optional premises Sec. 6-1-70 Alcoholic beverage tasting permit Sec. 6-1-80 Educational requirements Sec. 6-1-90 Suspension or revocation; fine

Article II Vendor Permits Sec. 6-2-10 Vendor Permits Sec. 6-2-20 Application and issuance

Article III Marijuana Sec. 6-3-10 Definitions Sec. 6-3-20 Applicability of provisions Sec. 6-3-30 Designation of local licensing authority Sec. 6-3-40 Application for license Sec. 6-3-50 Licensing fees Sec. 6-3-60 Denial of license Sec. 6-3-70 Decision by Local Licensing Authority Sec. 6-3-80 Notice of decision Sec. 6-3-90 Appeal of license decision Sec. 6-3-100 License Sec. 6-3-110 Duration of license; renewal Sec. 6-3-120 Duties of license Sec. 6-3-130 Suspension or revocation of license Sec. 6-3-140 Application for retail marijuana license Sec. 6-3-150 Licensing fees Sec. 6-3-160 Denial of retail marijuana license Sec. 6-3-170 Decision by Local Licensing Authority Sec. 6-3-180 Notice of decision Sec. 6-3-190 Appeal of retail marijuana license decision Sec. 6-3-200 Retail marijuana license Sec. 6-3-210 Duration of retail marijuana license; renewal Sec. 6-3-220 Duties of retail marijuana license Sec. 6-3-230 Suspension or revocation of retail marijuana license Article IV Arborist License Sec. 6-4-10 Licensing Sec. 6-4-20 Insurance Sec. 6-4-30 Revocation Sec. 6-4-40 Penalties

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CHAPTER 6 Business Licenses and Regulations

ARTICLE I

Alcoholic Beverages 6-1-10. License required. It is unlawful for any person to sell or offer for sale any malt, vinous, spirituous liquor or fermented malt beverages in the City until having first obtained a license or permit therefor under this Article, the rules and regulations of the City, and applicable state law and regulations, in addition to any other license or permit required by the State or the City. 6-1-20. State procedures apply. (a) The Colorado Liquor Code and Regulations and the Colorado Beer Code and Regulations regarding procedures for applications, hearings and decisions for malt, vinous or spirituous liquor or fermented malt beverages shall apply to City licenses. Applicants may obtain copies of the applicable regulations from the City Clerk. (b) To obtain a license under this Article, an applicant must have first met, and provide proof of such to the satisfaction of the Local Licensing Authority, all conditions prescribed by the Colorado Liquor Code and the Colorado Beer Code, except that fees for a City license are those prescribed in this Article. 6-1-30. Local licensing authority. (a) The Salida City Council shall serve as the Local Licensing Authority. Applications for the issuance of new liquor licenses and special event permits shall be subject to review and approval or denial by the City Council as the Local Licensing Authority. No new licenses, transfers, renewals, or changes shall be approved except upon receipt of completed applications and such fees as are required by law and this Article. (b) The City Administrator shall have the authority to exercise the power and duties of the City Council as the Local Licensing Authority to review and approve or deny the renewal, transfer, or change of liquor licenses at an administrative level. The City Administrator may at his or her discretion forward any such applications subject to administrative review to the Local Licensing Authority for review and approval or denial. A denial of a liquor license renewal, transfer, or change by the City Administrator may be appealed to the City Council by written notice of the applicant within seven (7) days of the City Administrator’s issuance of the denial.

(c) The Local Licensing Authority shall issue no new liquor license for any premises unless such premises is in compliance with the Fire Code adopted by the City. 6-1-40. Fees. The annual license fees set forth in Section 12-47-505, C.R.S., shall apply to this Article. In addition, the following liquor license applications, registrations and investigations shall be paid to the City in amounts as shall be set forth from time to time by resolution of the City Council:

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(1) Applications for new licenses. (2) Applications for transfers of location or ownership of existing licenses. (3) Applications for renewals of existing licenses. (4) Applications for temporary permits. (5) Applications for special event permits. (6) Manager registrations for hotel and restaurant licensees. (7) Background investigations for corporate and limited liability company applicants. (8) Fire Department inspections. 6-1-50. License renewal. (a) The Local Licensing Authority or City Administrator, as applicable, shall not renew any liquor license for any premises unless that premises complies in all respects with the Fire Code adopted by the City and demonstrates such compliance by delivering to the Local Licensing Authority or City Administrator or his or her designee, as applicable, a written inspection report from the Fire Department demonstrating that the Fire Department has inspected the premises within sixty (60) days prior to the renewal license application and found the premises to be in compliance with the Fire Code. 6-1-60. Optional premises. (a) Optional premises license and optional premises for a hotel and restaurant license may be issued by the Local Licensing Authority. (b) The following standards shall be applicable to the issuance of a license under this Section, in addition to all other applicable standards set forth in the Colorado Liquor Code for optional premises license and optional premises for a hotel and restaurant license. (1) Eligible facilities. Outdoor sports and recreational facilities as defined in Section 12-47-

103(13.5), C.R.S., are eligible for licensing as an optional premises or an optional premises for a hotel and restaurant.

(2) Number of optional premises. There are no restrictions on the number of optional

premises which any one (1) licensee may have on an outdoor sports or recreational facility. (3) Minimum size of facility. There is no restriction on the minimum size of an outdoor

sports or recreational facility which would be eligible for issuance of an optional premises license or optional premises for a hotel and restaurant license.

(c) The application for an optional premises license or optional premises for a hotel or restaurant license shall be accompanied by the following: (1) A map or other drawing illustrating the outdoor sports or recreational facility boundaries

and the approximate location of each optional premises requested;

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(2) A description of the method which shall be used to identify the boundaries of the optional

premises when it is in use; and (3) A description of the provisions which have been made for storing malt, vinous and

spirituous liquors in a secured area on or off the optional premises for the future use on the optional premises.

6-1-70. Alcoholic beverage tasting permit.

Pursuant to Section 12-47-301(10), C.R.S., the City authorizes alcohol beverage tastings for licensed retail liquor stores and liquor-licensed drug stores within the City. The City shall not require a further application prior to allowing retail liquor licensees to conduct alcohol beverage tastings, and elects not to impose additional limitations on such tastings beyond those limitations set forth in Chapter 47 of Title 12, C.R.S. A retail liquor store or liquor-licensed drugstore that wishes to conduct tastings shall submit an application for a tastings permit to the City Clerk. The Local Licensing Authority may reject the application if the applicant fails to establish that the licensee is able to conduct tastings without violating any of the provisions of Section 12-47-301(10), C.R.S., as may be amended. 6-1-80. Educational requirements. Every liquor licensee or permittee, registered manager and licensee's employee is encouraged to obtain a certificate of completion from an educational program of training for intervention procedures for servers of alcohol. Those registered managers obtaining a certificate of completion may file a copy of the certificate of completion with the Authority with an application of renewal of a liquor license. 6-1-90. Suspension or revocation; fine. In addition to any other penalties prescribed by Title 12, Articles 46, 47 and 48, C.R.S., pursuant to Section 12-47-601, C.R.S., the Local Licensing Authority has the power, on its own motion or on complaint, after investigation and public hearing at which the licensee shall be afforded an opportunity to be heard, to suspend or revoke any license or permit issued by such authority for any violation by the licensee or by any of the agents, servants, or employees of such licensee of the provisions of Title 12, Article 47, C.R.S., or any of the rules or regulations authorized pursuant to that Article or of any of the terms, conditions, or provisions of the license or permit issued by the Local Licensing Authority.

ARTICLE II Vendor Permits

6.2.10 Vendor Permits. (a) Multiple Vendor Permit.

(1) A multiple vendor event permit shall be obtained by anyone desiring to stage a multiple vendor temporary event for commercial purpose within the City. The City will consider a single application for each event, and the applicant shall be responsible to list all participating vendors in the application and to submit the current state license for each vendor to the City.

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(2) Each vendor participating in a multiple vendor event and included within the multiple vendor event permit shall maintain a copy of the vendor’s current state license and post the license at his temporary location. (3) The City reserves the right to reject an individual vendor's eligibility to operate under a multiple vendor event permit.

(4) The City shall assess a permit fee for each vendor participating in the multiple vendor event permit as established by resolution of the City Council and amended from time to time.

(b) Outdoor Vending Permit. (1) Permit required. Outdoor vendors not associated with a Multiple Vendor Event Permit

(Sec. 6-2-10(a)) that wish to sell on public property must obtain a permit from the City of Salida and pay the required fee. It shall be unlawful for any person to sell any goods or services on public property within the City of Salida except as provided by this Section (Ord. 2013-12).

(2) Application required. Applications for an outdoor vending permit shall be made to the City of Salida on forms provided therefore. Approval of permit is subject to administrative review by the City Administrator. City Council is to be notified during a regular City Council meeting of new and approved applications. The City Administrator may at his or her discretion forward any such applications subject to administrative review to the City Council for review and approval or denial.

(3) Duration of use. Permits for outdoor vendors shall be granted for a period not to exceed more than one hundred eighty (180) total days in one calendar year, in increments of 7, 30, 90 and 180 days.

(4) Use allowed. Vending is permitted on the following types of public property in the C-1 and C-2 zone districts, City parks excluding Riverside Park. Vending is not permitted on City sidewalks or public parking lots.

(5) Number of permits: Only two active permits will be issued for any specified property at any given time.

(6) Hours of operation. Vendors are allowed to conduct business during park hours only, 6:00 a.m. to 10:00 p.m.

(7) Permit display. Permit must be prominently displayed while vending.

(8) Accessibility. The location of the vending device may not cause congestion of vehicular or pedestrian traffic and shall not be placed in a right-of-way.

6-2-20. Application and issuance. (a) Multiple vendor event permit requirements.

(1) Any person desiring a multiple vendor event permit shall apply to the City Administrator at least thirty (30) days prior to the date of the intended use on forms provided by the City Clerk.

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(2) The City Administrator may issue a multiple vendor event permit upon the following conditions:

(i) The proposed use will not unreasonably interfere with or detract from the general public enjoyment of the park.

(ii) That the proposed use will not unreasonably interfere or detract from the promotion or protection of the public health, welfare and safety.

(iii) That the proposed use is not reasonably anticipated to lead to or incite violence, crime, disorderly conduct or injury or damage to City property or patrons. (iv) That the proposed use will not entail extraordinary expense to the City.

(v) That the proposed location in whole or part has not been previously reserved for another use at the same date and time requested in the application. (vi) The applicant has paid the appropriate fee established by the City Council.

(vii) The City Administrator may submit any multiple vendor event permit application to the City Council. The City Administrator or City Council’s decision regarding the application shall be final.

(b) Outdoor vendor permit requirements. (1) Application must be submitted a minimum of seven days before vending is to commence.

(2) The City Administrator may issue outdoor vendor permits upon the following conditions:

(i) Signage: A maximum of two (2) signs up to 24 square feet each are permitted. One (1) offsite sign is allowed within 15 feet or less of the vending vehicle or cart.

(ii) Utilities: Use of public utilities is subject to approval depending on location, availability and compatibility.

(iii) Insurance: Prior to issuance of the permit, the applicant shall demonstrate adequate insurance coverage is in place. The City Administrator, at his or her discretion, may require that the City be named as an additional insured.

(iv) Valid sales tax license: Each vendor shall maintain a copy of the vendor’s current state sales tax license and post the license at his or her location.

(v) Food license (if applicable): Each vendor shall obtain a retail food license from the

Chaffee County Department of Environmental Health and post the license at his or her location.

(vi) Removal: Vending device must be moved after 48 hours.

(viii) Permit transferrable. Permits are transferrable to all applicable public spaces and parks as listed on the application and permit.

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(c) The City Administrator may submit any multiple vendor event permit or outdoor vendor permit applications to the City Council. The City Administrator or City Council’s decision regarding the application shall be final.

ARTICLE III

Marijuana Sec. 6-3-10. Definitions. Amendment 64 means a voter-initiated amendment to the Colorado Constitution adopted in

November 2012 adding Section 16 of Article 18 to the Colorado Constitution (Ord. 2013-22). Colorado Medical Marijuana Code means Article 43.3 of Title 12, Colorado Revised Statutes. Consumer means a person twenty-one years of age or older who purchases marijuana or

marijuana products for personal use by persons twenty-one years of age or older, but not for resale to others.

Department means the Department of Revenue or its successor agency. Industrial hemp means the plant of the genus cannabis and any part of such plant, whether

growing or not, with a Delta-9 Tetrahydrocannabinol concentration that does not exceed three-tenths percent on a dry weight basis.

Marijuana or Marihuana means all parts of the plant of the genus cannabis whether growing or

not, the seeds the thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds, or its resin, including marihuana concentrate. Marijuana or Marihuana does not include industrial hemp, nor does it include fiber produced from the stalks, oil or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink or other product.

Marijuana accessories means any equipment, products, or materials of any kind which are used,

intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, composting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing, or containing marijuana, or for ingesting, inhaling, or otherwise introducing marijuana into the human body.

Marijuana cultivation facility means an entity licensed to cultivate, prepare, and package

marijuana and sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers.

Marijuana establishment means a marijuana cultivation facility, a marijuana testing facility, a

marijuana product manufacturing facility or a retail marijuana store. Marijuana product manufacturing facility means an entity licensed to purchase marijuana;

manufacture, prepare, and package marijuana products; and sell marijuana and marijuana products to other marijuana product manufacturing facilities and to retail marijuana stores, but not to consumers.

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Marijuana products means concentrated marijuana products and marijuana products that are

comprised of marijuana and other ingredients and are intended for use or consumption, such as, but not limited to, edible products, ointments, and tinctures.

Marijuana testing facility means an entity licensed to analyze and certify the safety and potency

of marijuana. Medical marijuana center means an entity licensed by a State agency to sell marijuana and

marijuana products pursuant to Section 14 of this Article and the Colorado Medical Marijuana Code.

Retail marijuana store means an entity licensed to purchase marijuana from marijuana cultivation

facilities and marijuana and marijuana products from marijuana product manufacturing facilities and to sell marijuana and marijuana products to consumers.

6-3-20. Applicability of provisions. In addition to any other rules or laws which may be applicable, this Article shall govern all licensing proceedings before the Local Licensing Authority. Unless superseded by this Article, the provisions of Sections 12-43.3-101, et seq., 25-1.5-106, 25-5-403, 16-2.5-121, 16-2.5-124.5, 24-72-202(6)(b), and 39-26-726, C.R.S., as may be amended, and 1 C.C.R. §212, as may be amended, shall apply to medical marijuana licenses. 6-3-30. Designation of local licensing authority. (a) The Local Licensing Authority for the City shall be the City Administrator. (b) The City Clerk shall assist the Local Licensing Authority by receiving all applications, coordinating with other City officers and departments when relevant, scheduling required public hearings and exercising his or her discretion in forwarding renewals, change of ownership and employment notices, and other licensing related requests to the Local Licensing Authority. 6-3-40. Application for license. (a) A person seeking to obtain a license pursuant to this Article shall file an application with the Local Licensing Authority. The form of the application shall be provided by the Local Licensing Authority. (b) An application for a local license under this Article shall contain the following information: (1) The name, address, telephone number, date of birth and social security number of all owners of the medical marijuana center, or if it is a business entity, the names of each natural person who owns any ownership interest in the entity;

(2) The street address, and unit number, if applicable, of the proposed medical marijuana center and a complete description including sketch diagram of the site for which the license is being obtained;

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(3) If the applicant is not the owner of the proposed location of the medical marijuana center, a statement from the owner of such property on a City-approved form authorizing the submission of the application;

(4) A completed set of the applicant’s fingerprints;

(5) A statement to be initialed by the applicant that the City accepts no legal liability in connection with the approval and subsequent operation of the medical marijuana center.

(6) A consent and acknowledgment that the City may conduct a background investigation of each owner; and

(7) Any additional information that the Local Licensing Authority reasonably determines to be necessary in connection with the investigation and review of the application.

(c) Applications deemed complete shall be processed by the Local Licensing Authority in order of receipt and incomplete applications will be rejected. 6-3-50. Licensing fees. An applicant shall pay to the City a non-refundable application fee to pick up an application and to file the application to cover the administrative costs of producing and processing the application. The application fee shall be established by resolution of the City Council, as may be amended from time to time. An applicant shall further pay for the required background investigation as the actual cost of being fingerprinted and any outside professional costs incurred by the City related to the application. 6-3-60. Denial of license. (a) The Local Licensing Authority shall deny an application for a license under this Article, if the Local Licensing Authority determines that:

(1) Information contained in the application or supplemental information requested from the applicant is found to be false in any material respect; or

(2) The application fails to meet any of the standards set forth in Section 16-4-50(g) of this Code.

(3) The application fails to meet any of the standards set forth in the Colorado Medical Marijuana Code, regulations promulgated by the MMED, or any other applicable law.

(b) The Local Licensing Authority may deny an application if the applicant or any owner of an applicant business has previously been convicted of a felony violation within the past five years. (c) If an application is denied, the application fee shall not be refunded. 6-3-70. Decision by Local Licensing Authority. (a) The Local Licensing Authority shall approve, deny, or conditionally approve an application within forty five (45) days of the receipt of the completed application, unless, by written notice to the applicant, the decision period is extended for an additional ten (10) days if necessary for the

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Local Licensing Authority to complete the review of the application or other such time to complete the background investigation. The Local Licensing Authority, at his or her discretion, may hold a public hearing on the proposed license to be held not less than thirty (30) days after the date of the application. Notice and procedure for the hearing shall comply with the provisions of C.R.S. §§12-43.3-302 and 303. (b) If an applicant is denied, the Local Licensing Authority shall clearly set forth in writing the grounds for denial. (c) The Local Licensing Authority shall have the authority to impose such reasonable terms and conditions on a license as may be necessary to protect the public health, safety and welfare, and to obtain compliance with the requirements of this Article and applicable law. In the event an application is conditionally approved, the Local Licensing Authority shall clearly set forth in writing the conditions of approval. 6-3-80. Notice of decision. The Local Licensing Authority shall notify the applicant of the decision on the application by mailing a copy of its decision to the applicant by regular mail, postage prepaid, at the address shown in the application. Notice is deemed to have been properly given upon mailing. 6-3-90. Appeal of license decision. (a) An applicant has the right to appeal the Local Licensing Authority’s denial or conditional approval of an application to the City Council by filing a written request with the City Clerk within twenty (20) days of the date of the notice of the decision described in Section 6-3-80 of this Code. An appealing applicant shall pay the appeal fee as established by resolution of the City Council and amended from time to time and reimburse the City for any outside professional costs incurred by the City related to the appeal. (b) The applicant shall be provided with not less than ten (10) days prior written notice of an appeal hearing to be held by the City Council. (c) The burden of proof in an appeal filed under this Section shall be on the applicant. (d) Any decision made by the City Council pursuant to this Section shall be a final decision and may be appealed to the district court pursuant to Rule 106(a)(4) of the Colorado Rules of Civil Procedure. The applicant’s failure to timely appeal the decision shall be a waiver of the applicant’s right to contest the denial or conditional approval of the application. 6-3-100. License. (a) A license shall contain the following information:

(1) The name of the licensee;

(2) The date of the issuance of the license;

(3) The address at which the licensee is authorized to operate the medical marijuana center;

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(4) Any special conditions of approval imposed upon the license by the Local Licensing Authority, pursuant to Section 6-3-70; and

(5) The date of the expiration of the license.

(b) A license must be signed by both the applicant and the Local Licensing Authority to be valid. (c) A license is non-assignable and any attempt to assign a license voids the license. (d) A license may only be transferred to a different location following the payment of the license transfer fee as established by resolution of the City Council and amended from time to time, submitting the application materials and complying with the requirements relevant to location and structures contained in this Code, and approval of the license transfer by the Local Licensing Authority following the application process set forth in this Article. (e) A license shall be continuously posted in a conspicuous location at the medical marijuana center. 6-3-110. Duration of license; renewal. (a) Each license issued pursuant to this Article shall be valid for one (1) year from the date of issuance, and may be renewed as provided in this Section. (b) An application for the renewal of an existing license shall be made to the Local Licensing Authority not less than forty five (45) days prior to the date of expiration. No application for renewal shall be accepted by the Local Licensing Authority after such date. (c) The provisions of Sections 6-3-30 through 6-3-90, inclusive, shall apply to the processing of an application to renew a license unless specifically waived by the Local Licensing Authority based upon no changed circumstances. The timely filing of a renewal application shall extend the current license until a final decision is made on the renewal application, including any appeal of the Local Licensing Authority’s decision to the City Council. (d) The applicant shall at the time of an application to renew a license not be delinquent on any applicable City’s fees or taxes. (e) At the time of the filing of an application for the renewal of an existing license the applicant shall pay a renewal fee in an amount established by resolution of the City Council, as may be amended. (f) The Local Licensing Authority may refuse to renew a license for good cause. 6-3-120. Duties of licensee. It is the duty and obligation of each licensee to do the following:

(1) Comply with all of the terms and conditions of the license, and any special conditions on the license imposed by the Local Licensing Authority, pursuant to Section 6-3-70.

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(2) Comply with all of the requirements of this Article;

(3) Comply with all other applicable City ordinances;

(4) Comply with all state laws and administrative regulations pertaining to the medical use of marijuana, including, but not limited to, Amendment 20; the Colorado Medical Marijuana Code; and the administrative regulations issued by the MMED found at 1 CCR 212, all as amended from time to time.

(5) Permit inspection of its records and operation by the Local Licensing Authority for the purpose of determining the licensee’s compliance with the terms and conditions of the license and this Article; provided, however, that confidentiality of patient records shall be maintained pursuant to state law.

6-3-130. Suspension or revocation of license. (a) A license issued pursuant to this Article may be suspended or revoked by the Local Licensing Authority for the following reasons:

(1) Fraud, misrepresentation, or a false statement of material fact contained in the license application;

(2) A violation of any City, state, or federal law or regulation, other than a federal law or regulation concerning the possession, sale or distribution of marijuana that conflicts with Amendment 20;

(3) A violation of any of the terms and conditions of the license, including any special conditions of approval imposed upon the license by the Local Licensing Authority pursuant to Section 6-3-70;

(4) A violation of any of the provisions of this Article or applicable zoning regulations at Chapter 16 of this Code;

(5) Operations have ceased at the medical marijuana center for more than thirty (30) days including during a change of ownership of the dispensary; or

(6) Ownership of the medical marijuana center has been transferred without the new owner obtaining a license pursuant to this Article.

(b) In connection with the suspension of a license, the Local Licensing Authority may impose reasonable conditions. (c) The Local Licensing Authority shall notify the licensee of the decision to suspend or revoke the license within three (3) business days of rendering the decision. Notice shall be given pursuant to the procedure established in Section 6-3-80. (d) No suspension or revocation shall be final until the licensee has been given the opportunity for a hearing to address the suspension or revocation. The licensee has the right to appeal the Local Licensing Authority’s suspension or revocation to the City Council by filing a written request with the Local Licensing Authority within twenty (20) days of the date of the Notice of Decision issued by the

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Local Licensing Authority, as described in Section 6-3-80 above. The process for appeal of a suspension or revocation shall be as set forth in Section 6-3-90 of this Code. 6-3-140. Application for retail marijuana license. (a) A person seeking to obtain a retail marijuana license pursuant to this Article shall file an application with the Local Licensing Authority and the State as may be required. The form of the application shall be provided by the Local Licensing Authority or the State as applicable (Ord. 2013-22). (b) Applications deemed complete shall be processed by the Local Licensing Authority in order of receipt and incomplete applications will be rejected. 6-3-150. Licensing fees. An applicant shall pay to the City a non-refundable application fee to pick up an application and to file the application to cover the administrative costs of producing and processing the application. The application fee shall be established by resolution of the City Council, as may be amended from time to time. 6-3-160. Denial of retail marijuana license. (a) The Local Licensing Authority shall deny an application for a retail marijuana license under this Article, if the Local Licensing Authority determines that:

(1) Information contained in the application or supplemental information requested from the applicant is found to be false in any material respect; or

(2) The application fails to meet any of the standards set forth in Section 16-4-50(g) of this Code.

(3) The application fails to meet any of the standards set forth in the Colorado Retail Marijuana Code, regulations promulgated by the MMED, or any other applicable law.

(b) The Local Licensing Authority may deny an application if the applicant or any owner of an applicant business has previously been convicted of a felony violation within the past five years. (c) If there are currently two licensed marijuana retailers operating with the City. (d) If an application is denied, the application fee shall not be refunded. 6-3-170. Decision by Local Licensing Authority. (a) The Local Licensing Authority shall approve, deny, or conditionally approve an application within forty five (45) days of the receipt of the completed application, unless, by written notice to the applicant, the decision period is extended for an additional ten (10) days if necessary for the Local Licensing Authority to complete the review of the application or other such time to complete the background investigation. The Local Licensing Authority, at his or her discretion, may hold a public hearing on the proposed retail marijuana license to be held not less than thirty (30) days after the date of the application. Notice and procedure for the hearing shall comply with the provisions of State Marijuana Code C.R.S. §12-43.4 et seq.

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(b) If an application is denied, the Local Licensing Authority shall clearly set forth in writing the grounds for denial. (c) The Local Licensing Authority shall have the authority to impose such reasonable terms and conditions on a retail marijuana license as may be necessary to protect the public health, safety and welfare, and to obtain compliance with the requirements of this Article and applicable law. In the event an application is conditionally approved, the Local Licensing Authority shall clearly set forth in writing the conditions of approval. 6-3-180. Notice of decision. The Local Licensing Authority shall notify the applicant of the decision on the application by mailing a copy of its decision to the applicant by regular mail, postage prepaid, at the address shown in the application. Notice is deemed to have been properly given upon mailing. 6-3-190. Appeal of retail marijuana license decision. (a) An applicant has the right to appeal the Local Licensing Authority’s denial or conditional approval of an application to the City Council by filing a written request with the City Clerk within twenty (20) days of the date of the notice of the decision described in Section 6-3-180 of this Code. An appealing applicant shall pay the appeal fee as established by resolution of the City Council and amended from time to time and reimburse the City for any outside professional costs incurred by the City related to the appeal. (b) The applicant shall be provided with not less than ten (10) days prior written notice of an appeal hearing to be held by the City Council. (c) The burden of proof in an appeal filed under this Section shall be on the applicant. (d) Any decision made by the City Council pursuant to this Section shall be a final decision and may be appealed to the district court pursuant to Rule 106(a)(4) of the Colorado Rules of Civil Procedure. The applicant’s failure to timely appeal the decision shall be a waiver of the applicant’s right to contest the denial or conditional approval of the application. 6-3-200. Retail marijuana license. (a) A retail marijuana license shall contain the following information:

(1) The name of the retail marijuana licensee;

(2) The date of the issuance of the retail marijuana license;

(3) The address at which the retail marijuana licensee is authorized to operate the retail marijuana center;

(4) Any special conditions of approval imposed upon the retail marijuana license by the Local Licensing Authority, pursuant to Section 6-3-70; and

(5) The date of the expiration of the retail marijuana license.

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(b) A retail marijuana license must be signed by both the applicant and the Local Licensing Authority to be valid. (c) A retail marijuana license is non-assignable and any attempt to assign a retail marijuana license voids the retail marijuana license. (d) A retail marijuana license may only be transferred to a different location following the payment of the retail marijuana license transfer fee as established by resolution of the City Council and amended from time to time, submitting the application materials and complying with the requirements relevant to location and structures contained in this Code, and approval of the retail marijuana license transfer by the Local Licensing Authority following the application process set forth in this Article. (e) A retail marijuana license shall be continuously posted in a conspicuous location at the retail marijuana center. 6-3-210. Duration of retail marijuana license; renewal. (a) Each retail marijuana license issued pursuant to this Article shall be valid for one (1) year from the date of issuance, and may be renewed as provided in this Section. (b) An application for the renewal of an existing retail marijuana license shall be made to the Local Licensing Authority not less than forty five (45) days prior to the date of expiration. No application for renewal shall be accepted by the Local Licensing Authority after such date. (c) The provisions of Sections 6-3-200(a) through 6-3-200(e), inclusive, shall apply to the processing of an application to renew a retail marijuana license unless specifically waived by the Local Licensing Authority based upon no changed circumstances. The timely filing of a renewal application shall extend the current retail marijuana license until a final decision is made on the renewal application, including any appeal of the Local Licensing Authority’s decision to the City Council. (d) The applicant shall at the time of an application to renew a retail marijuana license not be delinquent on any applicable City’s fees or taxes. (e) At the time of the filing of an application for the renewal of an existing retail marijuana license the applicant shall pay a renewal fee in an amount established by resolution of the City Council, as may be amended. (f) The Local Licensing Authority may refuse to renew a retail marijuana license for good cause. 6-3-220. Duties of retail marijuana licensee. It is the duty and obligation of each retail marijuana licensee to do the following:

(1) Comply with all of the terms and conditions of the retail marijuana license, and any special conditions on the retail marijuana license imposed by the Local Licensing Authority, pursuant to Section 6-3-70.

(2) Comply with all of the requirements of this Article;

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(3) Comply with all other applicable City ordinances;

(4) Comply with all state laws and administrative regulations pertaining to the retail use of marijuana, including, but not limited to, Amendment 64; the Colorado Retail Marijuana Code; and the administrative regulations issued by the MMED.

(5) Permit inspection of its records and operation by the Local Licensing Authority for the purpose of determining the retail marijuana licensee’s compliance with the terms and conditions of the retail marijuana license and this Article.

6-3-230. Suspension or revocation of retail marijuana license. (a) A retail marijuana license issued pursuant to this Article may be suspended or revoked by the Local Licensing Authority for the following reasons:

(1) Fraud, misrepresentation, or a false statement of material fact contained in the retail marijuana license application;

(2) A violation of any City, state, or federal law or regulation, other than a federal law or regulation concerning the possession, sale or distribution of marijuana that conflicts with Amendment 64;

(3) A violation of any of the terms and conditions of the retail marijuana license, including any special conditions of approval imposed upon the retail marijuana license by the Local Licensing Authority pursuant to Section 6-3-200;

(4) A violation of any of the provisions of this Article or applicable zoning regulations at Chapter 16 of this Code;

(5) Operations have ceased at the retail marijuana center for more than thirty (30) days including during a change of ownership; or

(6) Ownership of the retail marijuana center has been transferred without the new owner obtaining a retail marijuana license pursuant to this Article.

(b) In connection with the suspension of a retail marijuana license, the Local Licensing Authority may impose reasonable conditions. (c) The Local Licensing Authority shall notify the retail marijuana licensee in writing of the decision to suspend or revoke the retail marijuana license within three (3) business days of rendering the decision. (d) No suspension or revocation shall be final until the retail marijuana licensee has been given the opportunity for a hearing to address the suspension or revocation. The retail marijuana licensee has the right to appeal the Local Licensing Authority’s suspension or revocation to the City Council by filing a written request with the Local Licensing Authority within twenty (20) days of the date of the Notice of Decision issued by the Local Licensing Authority, as described in Section 6-3-230 above.

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ARTICLE IV Arborist License

6-4-10. Licensing. (a) It shall be unlawful for any person or entity to engage in the business or occupation of trimming, pruning, treating or removing trees within the City without first applying for and procuring a license from the City Clerk. The license fee shall established by resolution of City Council, as may be amended from time to time, and payable annually in advance. Before any license is issued, the applicant must pass a written and/or practical test administered by an individual designated by the City Administrator, and the test results filed with the City Clerk. With the receipt of the license, the applicant shall receive a copy of the City of Salida Tree Pruning and Tree Removal Specifications. The licensee will be required to sign a statement stating that he or she has read the ordinance codified herein and that he or she has read and agrees to abide by the Tree Pruning and Tree Removal Specifications. (b) The arborist license provisions of this Article shall not be required of public utility companies, but they shall be required to adhere to the Tree Pruning and Tree Removal Specifications. (c) Persons who spray or apply pesticides to shrubs, trees, or any parts of trees, for hire shall be licensed by the State Department of Agriculture. 6-4-20. Insurance. Every license applicant shall file evidence of possession of liability insurance in the amount of at least one hundred fifty thousand dollars ($150,000.00) for bodily injury and at least six hundred thousand dollars ($600,000.00) for property damage. 6-4-30. Revocation. Any license issued is subject to suspension or revocation by the City Administrator upon the recommendation of a consulting arborist contracted by the City for violation of the City of Salida Tree Pruning and Tree Removal Specifications on public or private property. 6-4-40. Penalties. In addition to any other remedies available at law or equity, engaging in the business or occupation of pruning, treating or removing trees within the City without a license shall subject the licensee to a fine in an amount to be established by resolution of the City Council, as may be amended from time to time, to be collected in the manner provided for penalty assessments as provided in Chapter 1, Article VII of this Code.

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CHAPTER 7

Health, Sanitation and Animals

Article I Administration and Abatement of Nuisances

Sec. 7-1-10 Definitions Sec. 7-1-20 Common law nuisances Sec. 7-1-30 Author of nuisances Sec. 7-1-40 Prohibition of nuisances Sec. 7-1-50 Abatement of nuisances Sec. 7-1-60 Emergency abatement Sec. 7-1-70 Right of entry Sec. 7-1-80 Report of costs Sec. 7-1-90 Recovery of expenses; assessment policy Sec. 7-1-100 Remedies Sec. 7-1-110 Violations and penalties

Article II Nuisances

Sec. 7-2-10 Accumulation to constitute nuisances Sec. 7-2-20 Streams and water supply Sec. 7-2-30 Stagnant ponds Sec. 7-2-40 Sewer inlet Sec. 7-2-50 Offensive premises Sec. 7-2-60 Nauseous liquids Sec. 7-2-70 Stale matter Sec. 7-2-80 Garbage and manure Sec. 7-2-90 Annoying conditions Sec. 7-2-100 Noisemakers Sec. 7-2-110 Abandoned containers Sec. 7-2-120 Vacant residential dwellings Sec. 7-2-130 Burial within City limits

Article III Garbage

Sec. 7-3-10 Garbage and junk Sec. 7-3-20 Garbage and refuse removal Sec. 7-3-30 Responsibility for refuse on premises

Article IV Weeds, Brush, Noxious Plants, and Trees Sec. 7-4-10 Undesirable plant management advisory commission designated Sec. 7-4-20 Adoption and enforcement of County weed regulations Sec. 7-4-30 Declaration of nuisance Sec. 7-4-40 Duty of property owner to cut Sec. 7-4-50 Failure to cut weeds or remove rubbish Sec. 7-4-60 Assessment of weed cutting and rubbish removal costs; lien Sec. 7-4-70 Exceptions and exclusions Sec. 7-4-80 Prohibited trees Sec. 7-4-90 Control of trees and shrubs

Article V Animals

Division 1 General Provisions Sec. 7-5-10 Definitions Sec. 7-5-20 Enforcement Sec. 7-5-30 Animal Shelter Sec. 7-5-40 Inspections Sec. 7-5-50 Impoundment and disposition Sec. 7-5-60 Animal at large Sec. 7-5-70 Penalties

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Typewritten Text
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Sec. 7-5-80 Sanctions Division 2 Animal Control and Enforcement

Sec. 7-5-200 Keeping of numerous animals Sec. 7-5-210 Large animals Sec. 7-5-220 Animal nuisances Sec. 7-5-230 Sanitation Sec. 7-5-240 Cruelty to domestic animals Sec. 7-5-250 Restraint and confinement generally Sec. 7-5-260 Restraint of vicious or dangerous animals

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CHAPTER 7

Health, Sanitation and Animals

ARTICLE I

Administration and Abatement of Nuisances 7-1-10. Definitions.

As used in this Chapter, the following terms shall have the meanings indicated: Brush means voluntary growth of bushes and such as are growing out of place at the location

where growing, and shall include all cuttings from trees and bushes; and also high and rank shrubbery growth which may conceal filthy deposits.

Code Enforcement Officer means the Chief of Police or any other designated agent of the City. Herbaceous plant means any seed plant whose stem withers away to the ground after each

season's growth as distinguished from a tree, shrub or bush, whose woody stem lives from year to year.

Litter means the scattering or dropping of rubbish, trash or other matter, organic or mineral. Refuse means and includes any grass clippings, leaves, hay, straw, manure, shavings, excelsior,

paper, ashes, rubbish containers, boxes, glass, cans, bottles, garbage, waste and discarded building and construction materials, including but not limited to plaster, broken concrete, bricks, cinder blocks, stones, wood, roofing material, wire or metal binding, sacks or loose discarded or unused material; all rubbish of any kind or nature whatsoever; and any other materials commonly known as rubbish or refuse of any kind or character or by any means known.

Rubbish means any type of debris, trash, waste or rejected matter. Trash means any worn out, broken up or used refuse, rubbish, toppings, twigs, leaves of trees or

worthless matter or material. Turfgrass means any of a variety or combination of varieties of perennial grasses, such as

Kentucky bluegrass or rye, historically used for residential lawns and typically maintained at a height not exceeding six (6) to eight (8) inches.

Weed means an unsightly, useless, troublesome or injurious growing herbaceous plant, but

excludes plants in flower and vegetable gardens, small plots of wheat, barley, oats or rye and planned and maintained shrub and woody plants, unless such plants or vegetable growth exhale unpleasant and noxious odors or conceal filthy deposits or rodents.

7-1-20. Common law nuisances. Any nuisance which has been declared to be such by state courts or statutes or known as such at common law shall constitute a nuisance in the City. 7-1-30. Author of nuisances. Any person who makes or causes such nuisance to exist shall be deemed to be the author thereof.

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7-1-40. Prohibition of nuisances.

(a) It is unlawful for any person to own, occupy or have under his or her control any property, building, lot or premises with any nuisance located thereon. (b) It is unlawful and an offense for any person to: (1) Do any act constituting a nuisance; (2) Knowingly fail to act where such failure causes or continues a nuisance; (3) Permit any activity or condition constituting a nuisance; or (4) Aid or abet in the creation or maintenance of a nuisance. 7-1-50. Abatement of nuisances. (a) Purpose. The purpose of this Section is to provide for a procedure by which the City can enforce the various environmental concerns addressed by this Chapter, and to establish a policy authorizing the City to take corrective enforcement measures should any landowner, tenant or occupant of any property located within the City fail to voluntarily comply with any provision of this Chapter. Abatement of any nuisance as set forth in this Section shall be optional at the sole discretion of the City, and shall not prevent the City from availing itself of any other enforcement or criminal action, including the issuance of a summons to appear in Municipal Court. (b) Procedure. (1) In all cases where a nuisance shall be found in any building or upon any ground or other

premises within the jurisdiction of the City, at least twenty-four (24) hours' notice shall be given in writing, signed by the Chief of Police to the owner of the premises or occupant or person in possession, charge or control of such building or other premises or person creating such nuisance where such person is known and can be found to remove such nuisance. In the event that such person cannot be found, notice shall be posted on the property.

(2) Should any such nuisance, within or upon any public or private premises or as aforesaid,

not be corrected within the time period stated in the notice provided for in Paragraph (1) hereof, which time period shall not be less than ten (10) days, the City Administrator may declare such to be a nuisance and order the abatement of such nuisance, which order shall be executed without delay, and the City Administrator shall have the authority to call for the necessary assistance therefor.

(3) In case of any such nuisance in or upon any street, avenue, alley, sidewalk, highway or

public grounds in the City, the City may abate the nuisance forthwith without such notice being given.

(4) Any officer who shall be duly authorized to abate any nuisance specified in this Chapter

shall have the authority to engage the necessary assistance and incur the necessary expense therefor.

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(c) If the individual responsible does not abate the nuisance within the stated period of time, the City may elect to abate the nuisance by entering upon the property and removing the condition or conditions constituting a nuisance. The City may abate any nuisance by authorizing a private contractor to enter the property and remove the condition or conditions. 7-1-60. Emergency abatement. Where, in the opinion of the City Administrator or Chief of Police, a nuisance constitutes an immediate and serious danger to the public health, safety or welfare or, in the case of any nuisance in or upon any street, or other public way or public ground in the City, the designated official shall have authority to summarily abate the nuisance without notice of any kind. 7-1-70. Right of entry. The Code Enforcement Officer may, where reasonable cause exists and at the direction of the Chief of Police, with or without a warrant issued by a court of competent jurisdiction, including the Municipal Court, enter upon any land to examine the same to ascertain whether any nuisance exists, or to abate a nuisance in the manner provided in this Chapter. If the owner or keeper thereof refuses to permit entry, the Chief of Police may apply to the Municipal Court for a search warrant for the purpose of ascertaining whether a nuisance exists upon any premises within the City. The City and the Code Enforcement Officer shall be free from any action or liability on account thereof. Such authority does not allow entry into any building or structure without consent or a court order, or under other circumstances allowed by law. 7-1-80. Report of costs. Upon the completion of any work by the City contemplated by this Chapter, the Code Enforcement Officer shall report, in writing, to the City Administrator, which report shall make a clear statement of the work done by the City and the expense incurred in so doing, so that the City Administrator may determine the cost of such work. The Code Enforcement Officer shall make a separate report for each lot or parcel of land. 7-1-90. Recovery of expenses; assessment policy. (a) Upon the City or contractor's completing eradication of the violation pursuant to Section 7-1-50, a notice of assessment, including the right to a hearing as set forth in Chapter 1, Article VIII of this Code, shall be sent by certified mail return receipt requested from the City Clerk to the property owner at the address listed for the property owner in the County records and to the property address. If any such notice is returned, the property will be posted with the notice. (b) For purposes of this Section, property owner shall include renters, lessees, occupants or persons in possession of the property. (c) Collection on nuisance assessments shall be conducted according to the procedure for administrative citations set forth at Chapter 1, Article VII of this Code. Unpaid assessments issued pursuant to this Chapter shall be a lien upon the respective lot or parcel of land from the time of such assessment, and the City shall have all remedies for collection thereof provided by state statutes, for the purpose of having the same placed upon the tax list and collected in the same manner as taxes are now collected. The assessment shall be a lien against each lot or tract of land until it is paid and shall have priority over all other liens except general taxes and prior special assessments.

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(d) Assessment imposed by the City pursuant to this Chapter shall include administrative costs of collection, including, but not limited to, a ten percent (10%) administrative fee and attorneys fees and costs. (e) In addition to or in lieu of any procedure for abatement, a direct complaint may be filed by any person or police officer against any person who violates any provision of this Chapter. 7-1-100. Remedies. (a) No remedy provided herein shall be exclusive, but the same shall be cumulative. The taking of any action hereunder, including charge or conviction of a violation of this Chapter in the Municipal Court, shall not preclude or prevent the taking of other action hereunder to abate or enjoin any nuisance found to exist. (b) Whenever a nuisance exists, no remedy provided for herein shall be exclusive of any other charge or action, and when applicable the abatement provisions of this Chapter shall serve as and constitute a concurrent remedy over and above any charge or conviction of any municipal offense or any other provision of law. Any application of this Chapter that is in the nature of a civil action shall not prevent the commencement or application of any other charges brought under this Code or any other provision of law. 7-1-110. Violations and penalties. Any person who violates, disobeys, omits, neglects, refuses to comply with or resists any of the provisions of this Chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be subject to the provisions of Chapter 1, Article IV of this Code. Further, the City shall be entitled to pursue any other civil or criminal remedy available at law to enforce the provisions of this Chapter.

ARTICLE II

Nuisances

7-2-10. Accumulation to constitute nuisances. Whenever there shall be in or upon any lot or piece of ground within the limits of the City any damaged merchandise, litter, trash, rubbish, garbage, wrecked car, inoperable vehicles or other wrecked vehicles or an accumulation of junk vehicles or junk of any type upon any private or public property, except in areas specifically zoned in Chapter 16 of this Code for said purposes or otherwise designated by the City for such purposes, the existence of any such material or items shall constitute a nuisance and shall be in violation of this Article. 7-2-20. Streams and water supply.

Any pond, pool, stream, ditch or deposit of water or other liquid or viscous body which is unsafe, dangerous, or detrimental to the public health or safety, or unwholesome or offensive in odor, shall be deemed a nuisance. No person shall throw or deposit or cause or permit to be thrown or deposited in the City anything specified in any foregoing part of this Section, or any other substance that would tend to have a polluting effect, into the water of any stream, ditch, pond, well, cistern, trough or other body of water, whether artificially or naturally created, or so near any such place as to be liable to pollute the water.

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7-2-30. Stagnant ponds. The permitting of stagnant water on any lot or piece of ground within the City limits is hereby declared to be a nuisance, and every owner or occupant of a lot or piece of ground within the City is hereby required to drain or fill up said lot or piece of ground whenever the same is necessary so as to prevent stagnant water or other nuisances from accumulating thereon, and it is unlawful for any such owner or occupant to permit or maintain any such nuisance. 7-2-40. Sewer inlet.

No person shall, in the City, deposit in or throw into any sewer, sewer inlet or privy vault or closet that shall have a sewer connection any article that might cause the sewer or sewer inlet to choke up, or that might cause such sewer, sewer inlet or privy vault or closet to become nauseous or offensive to others or injurious to the public health; or shall cause or permit any sewer, drainpipe, sewer inlet, vault, closet or cesspool to become choked and stopped up so that any of the contents thereof flows out and over any sidewalk, street, alley, lot or any other public or private place or premises. 7-2-50. Offensive premises. (a) No person shall maintain any unclean, leaking, foul, unsafe, dangerous, defective or filthy drain, privy, toilet, ditch, tank or gutter, or any leaking or broken garbage or other container for waste products. (b) No person shall maintain any cellar, vault, private drain, pool, privy, sewer or grounds upon any premises which becomes foul, nauseous or injurious to the public health. 7-2-60. Nauseous liquids. No distiller, bottler, laundryman, brewer, butcher, hotel or restaurant keeper or other person shall allow to be discharged or permit to flow from any property kept by him or her any foul or nauseous liquid or substance of any kind into or upon any street, alley or other public place or upon any adjacent private grounds or premises. 7-2-70. Stale matter.

No person shall keep, collect or use, or cause to be kept, collected or used, in the City any stale, putrid or stinking fat or grease or other stale matter, other than normal weekly trash accumulation. 7-2-80. Garbage and manure.

(a) Any unclean, foul, unsafe, unhealthy, dangerous, defective or filthy drain, ditch, tank or gutter, or any leaking or broken slop, garbage or manure box or receptacle of like character shall be deemed a nuisance. (b) Any accumulation of manure on premises where animals are kept, unless the premises are kept clean and the manure kept in a box or vault which is screened from flies and emptied at least once a week, shall be deemed a nuisance. (c) Every vehicle or trailer used to transport manure, garbage, swill or offal in any street shall be fitted with a substantially tight box thereon so that no portion of such filth will be scattered or thrown into such street.

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7-2-90. Annoying conditions.

The creation of dense smoke, noxious fumes or odors, gas, soot or cinders in such quantities as to render the same objectionable to the public or harmful to people or property shall be deemed a nuisance; provided however, this shall not apply to fireplaces, wood stoves and barbecue facilities. 7-2-100. Noisemakers. The use of music, noisemakers or loudspeakers on the streets of the City for the sale or vending of products, advertising or other commercial purposes is hereby declared to be a nuisance and is prohibited by the terms of this Chapter. 7-2-110. Abandoned containers.

It shall be deemed a nuisance to own or maintain any icebox, refrigerator or other compartment capable of being airtight when the doors thereto are closed if the same is exposed to the access of children or the general public.

7-2-120. Vacant residential dwellings.

All broken windows in a vacant dwelling shall be replaced by the owner or agent within seventy-two (72) hours after notice is given by the Chief of Police. 7-2-130. Burial within City limits. (a) No person shall bury the remains of any dead person within the limits of the City. (b) When any animal dies in the City, it shall be the duty of the owner or keeper thereof to properly dispose of the body of such animal. If such body is not forthwith buried on the owner's private property or disposed of at a location licensed for dead animal disposal, the same shall be deemed a nuisance, and such owner or keeper will be the author of the nuisance.

Article III

Garbage

7-3-10. Garbage and junk. It is unlawful for any person to: (1) Store upon his or her property, place upon his or her property, or allow to remain on his

or her property any litter, junk, trash or garbage. (2) Cause or to permit to accumulate any litter, ashes or trash, or any such material that can

be blown away by the wind, anywhere in the City except in a container awaiting pickup and disposal.

(3) Display, or cause or allow to be displayed, upon his or her property any junk, unless the

junk is completely shielded and screened from the view of any member of the general public by a wall, fence or other similar barrier constructed in conformance with this Code.

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(4) Store upon his or her property (or the property upon which he or she resides), or allow to be viewed by the general public or any member thereof, goods, material or substances not otherwise or specifically defined or definable as litter, trash, garbage or junk, but which goods, materials or substances are of a type, kind, quantity or description not commonly associated with the zoning classification or permitted use of the property.

(5) Dump or deposit, or cause to be dumped or deposited, litter, garbage, trash or junk on the

property of another or on property owned by the City, unless such property is clearly marked and designated as a proper dump or receptacle for the deposit of trash, garbage, junk or litter;

(6) Place or to permit to remain anywhere in the City any garbage or other material subject to

decay other than leaves or grass, except in watertight and airtight cans or containers, which neither creates an odor or stench or is accessible to animals. No section of this Chapter shall apply to vegetable materials in any properly layered, actively working compost pile, pit or trench.

(7) Drive or move any loaded truck or other loaded vehicle within the City, unless such

vehicle is loaded or covered so as to prevent any load, contents or litter from being blown or deposited upon any street, alley or other public place.

(8) Operate or cause to be operated on any highway or public way in the City any truck or

vehicle transporting garbage, trash or junk unless such vehicle or truck is fitted with a substantial, tight box or other container thereon so that no portion of such garbage, trash or junk shall be thrown or fall upon the highway or public way.

7-3-20. Garbage and refuse removal. (a) Discarded refuse, including automobile parts, stoves, furniture and junkyard refuse shall be removed periodically by the proprietor so that the premises are clean and orderly at all times. Silt and similar deposits from automobile wash racks shall be removed by the establishment creating such deposit. Any accumulation of refuse that is explosive or flammable which might endanger life or property shall be removed to such places as approved by the Chief of Police or the Fire Chief. Such removal shall be handled by the establishment responsible therefor. 7-3-30. Responsibility for refuse on premises.

It shall be the duty of every person, whether owner, lessee or renter of any vacant lot, building or premises, including any place of business, hotel, restaurant, dwelling house, apartment, tenement or any other establishment, at all times to maintain the premises in a clean and orderly condition, permitting no deposit or accumulation of refuse or materials other than those ordinarily attendant upon the use for which such premises are legally intended.

ARTICLE IV

Weeds, Brush, Noxious Plants, and Trees

7-4-10. Undesirable plant management advisory commission designated. The City Council is appointed to act as the Undesirable Plant Management Advisory Commission for the City and shall have the duties and responsibilities as provided by state statute. 7-4-20. Adoption and enforcement of County weed regulations.

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The City hereby adopts the Chaffee County Noxious Weed Management Plan, as may be amended, as the official noxious weed management plan for the City. The Chaffee County Weed Department and its supervisor shall be authorized to enforce this Article within the City to the extent provided for by an intergovernmental agreement entered into between the County and the City, as may be amended. 7-4-30. Declaration of nuisance.

It is unlawful for any person who is an owner, owner's agent, occupant, or lessee of any occupied or unoccupied lot or any parcel of land in the City to permit the following declared nuisances: (1) Weeds in excess of twelve (12) inches anywhere on the land. (2) Any growth of brush or weeds that: a. Collects trash, debris or rubble; b. Creates a fire hazard; c. Harbors wildlife or pests that are hazards to public health or safety; or d. Contains a plant declared to be a noxious weed in Colorado according to the

Chaffee County Noxious Weed Management Plan. 7-4-40. Duty of property owner to cut. It is the duty of the owner, owner's agent, occupant, or lessee of any private property, including without limitation public utility and drainage ways within such private property, on or along any sidewalk adjoining the same, or in the alley behind the same, to keep all weeds cut or trimmed to the lengths described in Section 7-4-30. Such weeds shall be cut close to the ground and kept so cut, and all weeds, brush, and rubbish shall be removed from the City or otherwise entirely destroyed by the owner of the lot upon which the weeds, brush, and rubbish have been cut or accumulated. 7-4-50. Failure to cut weeds or remove rubbish.

If any owner, tenant or agent in charge fails to cut weeds or remove brush, trash and rubbish, as required by this Article, within ten (10) days after being notified to do so by the City in writing, the City Administrator may have the nuisance weeds cut or the nuisance brush, trash and rubbish removed by the City, and charge the cost thereof as an assessment to such owner, tenant or agent in charge, plus a fee for inspection and other administrative costs as established by resolution of the City Council, as may be amended. 7-4-60. Assessment of weed cutting and rubbish removal costs; lien.

(a) Failure to pay the assessment described in Section 7-4-50 within thirty (30) days shall cause such assessment to become a lien against such lot, block or parcel of land from the time of such assessment to be collected according to the procedure for administrative citations set forth at Section 7-1-90 and Chapter 1, Article VII of this Code. The City shall have all remedies for collection thereof provided by state statutes, for the purpose of having the same placed upon the tax list and collected in the same manner as taxes are now collected, and the lien shall have priority over all other liens except general taxes and prior special assessments.

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7-4-70. Exceptions and exclusions.

(a) In order to retain certain city properties in their natural states, City parks, open space, and rights-of-way, and stream beds or banks are exempt from the weed requirements of Section 7-4-30 of this Chapter. (b) Wetlands are exempt from the requirements of this Chapter. (c) Planned gardens, including flower gardens, shrubbery, and vegetable gardens shall not be considered weeds for the purpose of this Article. Xeriscape landscaping on a parcel that is maintained is considered to be a planned garden for the purpose of this Article and is therefore exempt from the definition of weed. 7-4-80. Prohibited trees.

(a) It is unlawful to plant or cause to be planted anywhere within the corporate limits of the City any Russian olive tree, salt cedar tree, female boxelder tree, or female cottonwood tree, and the planting or setting out of these certain plants is declared to be a menace to public health, safety and welfare and a public nuisance

(b) It is unlawful to plant or cause to be planted on public rights-of-way within the corporate limits of the City any Lombardy poplar tree, white poplar tree, Siberian elm tree, aspen tree, or evergreen tree, and the planting or setting out of these certain plants is declared to be a menace to public health, safety and welfare and a public nuisance. (c) It shall be unlawful for any person to prevent, delay or interfere with the City, or any of its agents or servants, while engaging in and about the removal of any prohibited tree as defined herein. (d) The list of prohibited species described in subsection (a) shall be reviewed annually by the Tree Board. 7-4-90. Control of trees and shrubs. (a) Trees, shrubs and other vegetation which are dead, broken, diseased or infested by insects so as to endanger the well-being of other trees, shrubs or vegetation or constitute a potential threat or hazard to people or property within the City are hereby declared a nuisance. (b) The City shall give written notice to the owner or occupant of any property abutting City rights-of-way or other public property of any condition deemed unsafe caused by trees and other vegetation overhanging or projecting from such abutting property and onto or over such right-of-way or other public property with such unsafe condition. The City shall correct any such unsafe condition immediately upon the expiration of the notice period specified in the notice of abatement. (c) It is unlawful and deemed a nuisance for any person to cut, trim, spray, remove, treat or plant any tree, vine, shrub, hedge or other woody plant upon access-controlled arterials or other public parks and greenbelts within the City, unless authorized or directed by the City. (d) It is unlawful and deemed a nuisance for any person to injure, damage or destroy any tree, shrub, vine, hedge or other vegetation in or upon public rights-of-way or other public property within

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the City, except any person who notifies the City of such injury, damage or destruction and makes arrangements to repair or replace such vegetation or pay for the cost of such repair or replacement

ARTICLE V

Animals

Division I

General Provisions 7-5-10. Definitions. When used in this Article, the following words, terms and phrases, and their derivations, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:

Animal means any live creature, both domestic and wild, except humans. Animal includes fowl, fish and reptiles.

Animal hospital means any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of animal diseases and injuries. Animal shelter means any licensed facility operated by the City or humane society for the temporary care, confinement and detention of animals and for the humane killing and other disposition of animals. The term shall also include any private facility authorized by the City Administrator to impound, confine, detain, care for or destroy any animal. Domestic animal includes dogs, cats, domesticated sheep, horses, cattle, goats, swine, fowl, ducks, geese, turkeys, confined domestic hares and rabbits, pheasants and other birds and animals raised and/or maintained in confinement.

Guard or attack dog means a dog trained to attack on command or to protect persons or property, and which will cease to attack upon command.

Owner means any person having temporary or permanent custody of, sheltering, having charge of, harboring, exercising control over or having property rights to, any animal covered by this Article. An animal shall be deemed to be harbored if it is fed or sheltered for three (3) or more consecutive days. Vicious animal means any animal, whether or not domesticated, that bites, attacks or attempts to bite or attack in a vicious or terrorizing manner humans or other animals; provided, however, that an animal shall not be deemed vicious by reason of having bitten or attacked the following: (a) Any person engaged in an unlawful entry into or upon the owner's property

where such animal is kept. (b) Any person engaged in an unlawful entry into or upon the owner's automobile or

other vehicle where the animal is confined. (c) Any person engaged in attacking, assaulting or molesting another.

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(d) Any person who intentionally provokes such animal who bites or attacks any person or another animal.

(e) Any animal entering the owner's property where such owner's animal is kept,

provided that the entry is unauthorized.

Wild animal means any live monkey, nonhuman primate, raccoon, skunk, fox, leopard, panther, tiger, lion, lynx, bear or any other warm-blooded animal that can normally be found in the wild state. The term wild animal does not include: domestic dogs (excluding hybrids with wolves, coyotes or jackals), domestic cats (excluding hybrids with ocelots or margays), farm animals, rodents and captive-bred species of common cage birds.

7-5-20. Enforcement. The Salida Police Department shall have the authority to act on behalf of the City in investigating complaints, impounding and destroying animals, issuing citations and taking other lawful actions as required to enforce the provisions of this Article. It shall be a violation of this Article to interfere with any police officer in the performance of his or her duties. 7-5-30. Animal shelter. The City Administrator is hereby authorized to establish an animal shelter for the City to be operated by City personnel, or may, subject to the approval of the City Council, contract with a public or private agency, person or organization for the operation of an animal shelter for and on behalf of the City. Such animal shelter shall be constructed and operated in conformance with the regulations of the County Health Department in the county of the location of the shelter. 7-5-40. Inspections. (a) Whenever it is necessary to make an inspection to enforce any of the provisions of this Article or other applicable law or to perform any duty imposed herein or other applicable laws, or whenever the police officer has reasonable cause to believe that there exists in any building or upon any premises any violation of this Code or other applicable law, the police officer is hereby authorized to enter such building or premises at any reasonable time to inspect the same and perform any duty imposed upon him or her by this Code or other applicable law; provided that: (1) If such building or premises are occupied, the police officer shall first present proper

credentials to the occupant and request entry, explaining his or her reasons therefor. (2) If entry is refused, the police officer shall give the owner or occupant, or if the owner or

occupant cannot be located after reasonable effort, shall leave at the building or premises a twenty-four-hour written notice of intention to inspect. Notice given to the owner or occupant or left on the premises shall state that the property owner has the right to refuse entry and that, in the event such entry is refused, inspection may be made upon issuance of a search warrant by a Municipal Judge or by a judge of any other court having jurisdiction.

(3) After expiration of the twenty-four-hour period from the giving of such notice, the police

officer may appear before the Municipal Court and, upon a showing of a probable cause, shall obtain a search warrant entitling him or her to enter the building or upon such premises. Upon presentation of the search warrant and proper credentials, or possession of same in the case of an

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unoccupied building or premises, the police officer may enter into the building or upon such premises using such reasonable force as may be necessary to gain entry therein.

(4) For the purposes of this Section, a determination of probable cause will be based upon

reasonableness; and if a valid public interest justifies the intrusion contemplated, then there is probable cause to issue a search warrant. The police officer, when applying for such search warrant, shall not be required to demonstrate specific knowledge of the condition of the particular structure or premises in order to obtain a search warrant. It is unlawful for any owner or occupant of the building or premises to resist reasonable force used by the police officer acting pursuant to this Section.

(b) Notwithstanding the foregoing, if the police officer has reasonable cause to believe that the keeping or maintaining of any animal is so hazardous, unsafe or dangerous as to require immediate inspection to safeguard the animal or the public health or safety, the police officer shall have the right to immediately enter and inspect such property and may use any reasonable means required to effect such entry and make such inspection, whether such property is occupied or unoccupied and whether or not permission to inspect has been obtained. If the property be occupied, the police officer shall first present proper credentials to the owner or occupant and demand entry, explaining his or her reasons therefor and the purpose of the inspection. (c) No person shall fail or refuse, after proper demand has been made upon him or her as provided in Subsection (b) hereof, to permit the police officer to make any inspection provided for therein. 7-5-50. Impoundment and disposition. (a) Any animal in violation of this Article or of any other law or that is ill, injured or otherwise in need of care may be taken into custody by the police officer or any other officer or employee of the City charged with the enforcement of this Article or this Code and impounded in a humane manner. Such officer or employee is hereby authorized to go upon private property to take into custody any animal violating this Article or other applicable law, provided that such officer or employee has witnessed the violation. Whenever it is necessary to make an inspection of private property to enforce any of the provisions hereof or other applicable law, such inspection shall be made pursuant to the requirements and procedures set forth by ordinance. (b) Upon impoundment of an animal, the City shall immediately attempt to notify the owner by telephone or certified mail. If the owner is unknown, the City shall post written notice for five (5) days at two (2) or more conspicuous places in the City describing the animal and the time and place of taking. Any notice to the owner shall also include the location of the shelter or hospital where the animal is confined, hours during which the animal can be reclaimed and fees to be charged to the owner. The owner shall also be advised that the failure to claim the animal within a specified period of time may result in the disposition of the animal. (c) An owner reclaiming an impounded animal shall pay a fee as established by resolution of the City Council, as may be amended from time to time. The failure or refusal to retrieve any impounded animal by the owner, keeper or possessor of such animal shall not relieve such person of the duty to pay the impoundment fee and other charges which have been assessed. The owner, keeper or possessor of any animal who shall fail or refuse to pay such fees and charges shall be guilty of an offense of this Article.

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(d) Any animal not reclaimed by its owner within five (5) days of impoundment shall become the property of the City and shall be placed for adoption in a suitable home or euthanized in a manner prescribed by the local licensed humane society. (e) In the event an unhealthy or seriously injured animal is impounded and the identity of the owner, keeper or possessor is not ascertainable, and a veterinarian determines that the condition of said animal is such that a healthy recovery is precluded or that such animal will transmit serious disease to other animals, then the police officer shall cause said animal to be humanely destroyed. (f) Any police officer or other designated person on call who removes a large animal such as a horse, cow, mule or any other animal not acceptable by any animal hospital or shelter shall be authorized to call a trucking firm or company which shall convey the animal to a farm or other appropriate facility that has an agreement with the City to accept such animals. The disposition of any animal removed to a facility, other than an animal hospital or shelter, shall be handled in the same manner as though the animal were confined in an animal hospital or shelter. (g) The police officer shall keep a complete and accurate record of all animals impounded and disposed, including the facts regarding the release of or method of disposal of such animals. 7-5-60. Animal at large.

If the name of the owner or custodian of an animal found at large, meaning off the premises of the owner and not under restraint, with or without the owner's knowledge, is known or can be obtained with reasonable dispatch, the police officer shall return the animal to the residential address of the owner. If there is no one present, the officer shall leave written notice of whom the owner must contact to reclaim the animal. The officer shall then remove the animal to the nearest animal hospital or shelter that will accept the animal. 7-5-70. Penalties.

(a) Any person who violates any provision of this Article shall be deemed guilty of a misdemeanor and shall be punished in accordance with the provisions set forth in Section 1-4-20 of this Code. The City Council may adopt by resolution recommended fine schedules for violations under this Section. (b) In addition to charging violations as misdemeanors as described in subsection (a), the City shall have the concurrent remedy of charging any person who violates any provision of this Article with a noncriminal offense subject to imposition of a penalty assessment pursuant to the procedure set forth at Chapter 1, Article VII of this Code. 7-5-80. Sanctions.

As part of any order issued pursuant to this Article, the Municipal Judge shall have the authority to order the following sanctions and remedies in addition to the penalties described in Section 7-5-70: (1) Obedience training for the animal in question; (2) Muzzling of an animal while off the property of the owner; (3) Confinement of an animal indoors;

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(4) Confinement of an animal in a secure enclosure; (5) Reduction of the number of animals kept at any one (1) location; (6) Removal of an animal from the custody of the animal's owner or custodian in cases of

neglect or cruelty; (7) The sterilization of an animal; (8) A ban on maintaining other animals in the City; and (9) Any other measure or sanction designed to eliminate a violation, prevent future violations

or protect the health and safety of the public.

Division II

Animal Control and Enforcement

7-5-200. Keeping of numerous animals.

It shall be unlawful for any person to keep more than six (6) dogs, cats or other animals within the City; except that there is not a limit on the number of chickens, and a litter of pups, kittens or other young animals may be kept for a period of time not exceeding five (5) months from birth. Roosters are prohibited within the City. This Section shall not apply to any establishment where animals are kept for breeding or sale, or to a licensed boarding facility.

7-5-210. Large animals. Horses, cattle, sheep, and goats may be kept within the City as a permitted accessory use for the

non-commercial use of the occupants of a lot or tract and their guests, provided that at least one-half (½) acre of pasture area is available on the same lot or tract for each animal.

7-5-220. Animal nuisances. (a) It is hereby declared a nuisance for any person to maintain any premises upon which is located: (1) Any pen, place or premises in or upon which any animals shall be kept in a foul,

offensive or noxious condition. (2) Any animal or fowl of any kind which shall be or become obnoxious by reason of odor,

uncleanliness, disease or emitting loud and unusual noises sufficient to disturb the peace and quiet of any neighborhood or family.

(b) Any animal that unreasonably annoys humans, endangers the life or health of persons or other animals or substantially interferes with the rights of citizens, other than their owners, to enjoyment of life or property is hereby declared a public nuisance. For purposes of this Article, public nuisance animal shall include the following: (1) Any animal that is repeatedly found running at large.

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(2) Any dog or cat in any section of a park or public recreation area except in designated areas, if any exist.

(3) Any animal that damages, soils, defiles or defecates on any property other than that of its

owner; (4) Any animal that makes disturbing noises, including but not limited to continued and

repeated howling, barking, whining or other utterances causing unreasonable annoyance, disturbance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored.

(5) Any unneutered animal that is not confined so as to prevent unwanted mating and/or

pregnancy. (6) Any animal, whether or not on the property of its owner, that, without provocation,

molests, attacks or otherwise interferes with the freedom of movement of persons in a public right-of-way.

(7) Any animal that chases motor vehicles in a public right-of-way. (8) Any animal that attacks domestic animals. (9) Any animal that causes unsanitary conditions in enclosures or surroundings where the

animal is kept or harbored. (10) Any animal that is offensive or dangerous to the public health, safety or welfare by virtue

of the number of animals maintained at a single residence or the inadequacy of the facilities. (11) Any animal, including an animal restrained by a leash, that disturbs the public's

enjoyment of or participation in a public festival. (12) Any animal found inside an area barricaded or otherwise cordoned off for a public

festival. For the purposes of this provision, a public festival is any event sponsored or supported by the City and conducted at least in part on City property.

7-5-230. Sanitation.

(a) No owner or custodian of any animal shall cause or allow such animal to soil, defile or defecate on any public property or upon any street, sidewalk, public way, play area or common grounds owned jointly by the members of a homeowners' or condominium association, or upon private property other than that of the owner, unless such owner or custodian immediately removes and disposes of all feces deposited by such animal by the following methods: (1) Collection of the feces by appropriate implement and placement in a paper or plastic bag

or other container; and (2) Removal of such bag or container to the property of the animal owner or custodian and

disposition thereafter in a manner as otherwise may be permitted by law. (b) No person owning, harboring or keeping an animal within the City shall permit any waste matter from the animal to collect and remain on the property of the owner or custodian, or on the property

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of others, so as to cause or create an unhealthy, unsanitary, dangerous or offensive living condition on the owner's or custodian's property, or to abutting property of others. (c) No person owning, harboring, keeping or in charge of any animal shall cause unsanitary, dangerous or offensive conditions by virtue of the size or number of animals maintained at a single location or due to the inadequacy of the facilities. 7-5-240. Cruelty to domestic animals. (a) It shall be unlawful for any person to willfully or maliciously strike, beat, abuse, neglect, or intentionally run down with a vehicle any domestic animal, or otherwise engage in any act to cause or inflict unnecessary pain, injury, suffering or death to such domestic animal; except that reasonable force may be used to drive away vicious or trespassing animals. (b) No person, except a licensed veterinarian or certified technician acting under the supervision of a licensed veterinarian for humanitarian purposes, shall administer poison to any domestic animal, or leave any poisonous substance of any kind or ground glass in any place, in such a manner as to injure any domestic animal, or with reckless disregard for the well-being of domestic animals who might have access to such poisonous substances. The provisions of this Section are not applicable to licensed exterminators using poisons as part of a pest control program or the use of commercial insecticides and rodent baits used to control insects and wild rodents. (c) Leaving a domestic animal tethered for twenty-four (24) continuous hours shall constitute prima facie evidence of cruelty to domestic animals.

(d) No owner or custodian of any animal shall willfully abandon such animal on any street, road, highway or public place, or on private property when not in the care of another person. 7-5-250. Restraint and confinement generally.

(a) It shall be unlawful for the owner of any animal to fail to keep such animal under restraint or to permit such animal to run at large upon the streets and public ways of the City. (b) Any dog, while on a street, sidewalk, public way, in any park, public square or other public space, or upon any private property without the consent of the owner, shall be secured by a leash or chain of sufficient tensile strength to restrain the particular dog. (c) No owner or custodian of any animal shall fail to exercise proper care and control of such animal to prevent the same from becoming a public nuisance. (d) Every female dog or cat in heat shall be confined in a building or other enclosure in such a manner that such female dog or cat cannot come into contact with another animal except for planned breeding. (e) Every owner of a guard or attack dog shall keep such dog confined in a building, compartment or other enclosure. Any such enclosure shall be completely surrounded by a fence at least six (6) feet in height and shall be topped with an anti-climbing device constructed of angle metal braces with at least three (3) strands of equally separated barbed wire stretched between them. Fencing installed for this unique security purpose shall require a building permit. The areas of confinement shall all have gates and entrances thereto securely closed and locked, and all fences properly maintained and escape-

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proof. All anti-climbing devices shall extend inward at an angle of not less than forty-five (45) degrees nor more than ninety (90) degrees when measured from the perpendicular. (f) The provisions of subsection (e) shall not apply to dogs owned or controlled by government law enforcement agencies. 7-5-260. Restraint of vicious or dangerous animals.

Every vicious animal shall be confined by its owner or the authorized agent of its owner, within a building or secure enclosure and, whenever off the premises of its owner, shall be securely muzzled and restrained with a chain having a minimum tensile strength of three hundred (300) pounds and not more than three (3) feet in length, or caged. Every person harboring a vicious animal is charged with an affirmative duty to confine the animal in such a way that children do not have access to such animal. It is unlawful to harbor a vicious or dangerous animal and fail to confine said animal in compliance with the terms of this Section.

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CHAPTER 8

Vehicles and Traffic

Article I Model Traffic Code

Sec. 8-1-10 Adoption Sec. 8-1-20 Copy on File Sec. 8-1-30 Application Sec. 8-1-40 Interpretation Sec. 8-1-50 Traffic control devices Sec. 8-1-60 Penalty assessments Sec. 8-1-70 Violation; penalty

Article II Traffic Regulations

Sec. 8-2-10 Vehicle weight restrictions Sec. 8-2-20 Squealing tires prohibited Sec. 8-2-30 Bicycles on sidewalks prohibited Sec. 8-2-40 Use of skating devices prohibited Sec. 8-2-50 Unnecessary horn noise prohibited Sec. 8-2-60 Restrictions on minor drivers

Article III Abandoned and Inoperable Vehicles

Sec. 8-3-10 Definitions Sec. 8-3-20 Abandoned or inoperable vehicles on public ways Sec. 8-3-30 Abandoned and inoperable vehicles on private property Sec. 8-3-40 Unregistered vehicles on public property Sec. 8-3-50 Violations

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Typewritten Text
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CHAPTER 8

VEHICLES AND TRAFFIC

ARTICLE I

Model Traffic Code 8-1-10. Adoption.

Pursuant to Parts 1 and 2 of Article 16 of Title 31, C.R.S., there is hereby adopted by reference Articles I and II, inclusive, of the 2010 edition of the Model Traffic Code for Colorado, together with the appendices thereto, promulgated and published as such by the Colorado Department of Transportation, Safety and Traffic Engineering Branch, 4201 East Arkansas Avenue, EP 700, Denver, Colorado 80222. The subject matter of the Model Traffic Code relates primarily to comprehensive traffic and vehicle control regulations for the City. The purpose of this Article and the code adopted herein is to provide a system of uniform traffic regulations consistent with state law, and generally conforming to similar regulations throughout the state and the nation.

8-1-20. Copy on file.

At least one copy of the Model Traffic Code, 2010 Edition, and the appendices thereto, together with the ordinances codified in this Chapter, shall be kept on file at City Hall.

8-1-30. Amendments.

(a) Article I of the Model Traffic Code is adopted subject to the following additions, modifications and amendments, and the amendments to said code set forth in this Section shall take precedence over the literal print copy of the code in the event of conflict:

(1) All references to "Highway" in Part 6 of Article I are hereby deleted and replaced with "street and alley" in the singular or the plural as the context may require. (2) Section 1101(2) is hereby deleted and replaced with the following: "(2)(a) It shall be unlawful for any person to drive or ride any vehicle or animal on a street or alley within the City in excess of the speed limit for such street or alley. The speed limits for all streets within the City, unless otherwise posted, shall be 25 miles per hour. The speed limit for all alleys, unless otherwise posted, shall be 10 miles per hour. If a given street or alley is posted for a speed limit of greater or lesser than the speed set forth above, the posted speed limit shall be the speed limit thereon. (b) The speed limits contained in this subsection and set forth above shall be absolute speed limits. Any person driving or riding any vehicle or animal in excess of the speed limits shall be deemed guilty of a misdemeanor without regard for the reasonableness of his speed, or whether or not he knew his speed or the speed limit in effect. (c) Speed limits posted on streets and alleys within the City at the time of the adoption of this ordinance shall remain the speed limits in effect until the City Council or the Chief of Police take action to alter them as provided for herein. (d) By resolution, the City Council may adopt or amend maximum speed limits for the various streets and alleys within the City which speed limits may be above or below those set forth in subsection (a) above. Upon promulgation of such resolution, the Public Works Department shall

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post speed limit signs to designate such speed limits on such streets or alleys. For those streets or alleys for which the City Council has adopted no maximum speed limit, the Chief of Police may adopt or amend the maximum speed limits by posting maximum speed limit signs on such streets. Resolutions by the City Council designating maximum speed limits shall take precedence over postings by the Chief of Police. In prosecutions for violations hereof, all posted speed limits shall be presumed to have been posted by the proper authorities under the proper procedures. (e) Speed limit signs shall be deemed sufficient if they recite upon them the phrase "Speed Limit" and have the maximum speed in Arabic numerals placed thereon. Unless otherwise indicated, all speed limit signs shall be presumed to be in miles per hour. (3) Section 1101(5) is hereby deleted and replaced with the following: (5) In every charge of violating the speed limit, the Complaint, Summons and Complaint, or Penalty Assessment Notice shall specify the speed at which the defendant is alleged to have been moving and also the speed limit applicable at the specified time and location of the alleged violation. (4) The following sections and subsections are hereby deleted: 1101(4); 1101(7); 1101(8); 1102; 1104(2); and 1104(3). (5) Section 1203 is adopted to read as follows: 1203. Two-hour parking limit. The City Council may, by resolution, designate certain portions of the streets and alleys within the City as being areas where parking is limited to two hours. In the event the City Council enacts no such resolution, the Chief of Police may make such designations. However, subsequent resolutions of the City Council making such parking designations shall take precedence over those designations made by the Chief of Police. When the designation of a two-hour parking limit is made, the areas shall be posted and the posting of signs reflecting the two-hour parking limit shall constitute prima facie evidence that the area was designated in a proper manner. It is unlawful for any person to park any vehicle in a two-hour parking area and to leave it in that same place within the two-hour parking area for over two hours. When a vehicle is illegally parked for a period of time in excess of the two-hour parking limit, the penalty assessment shall be $10.00, which amount shall be set forth in the notice issued pursuant to Section 1718. If the penalty assessment is not paid within seven days after the notice is issued, then an additional penalty assessment may be assessed in the amount of $25.00. If the penalty assessment is not paid within 14 days after the original notice is issued, the registered owner of the vehicle shall be issued a summons, or a summons following a complaint, charging the violation of the parking regulation for which the notice was originally issued. The summons, or summons and complaint, shall require a court appearance and the payment of a penalty assessment in the amount of $25.00. In addition, court costs shall be assessed if the defendant is found guilty.

(6) Section 1210 is adopted to read as follows: 1210. Presumption of registered owner of parked vehicle. In any prosecution charging a violation of any provision of this code governing the stopping, standing or parking of a vehicle, proof that the particular vehicle described in the complaint, or summons and complaint, was parked in violation of any such regulation, together with proof that the defendant named in the complaint, or summons and complaint, was, at the time of such parking, the registered owner of such vehicle, shall constitute in evidence a prima facie presumption that the registered owner of

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such vehicle was the person who parked or placed such vehicle at the point where, and for the time during which, such violation occurred. (7) Section 1401(2) is hereby deleted and replaced with the following: (2) Any person who violates any provision of this Section shall be punished in the same manner as set forth for the punishment of ordinance violation generally in the Salida Municipal Code. (8) Section 1409 is hereby deleted and replaced with the following: 1409. Compulsory insurance – penalty. (1) No owner of a motor vehicle or low-power scooter required to be registered in this state shall operate the vehicle or permit it to be operated on the public highways of this local government when the owner has failed to have a complying policy or certificate of self-insurance in full force and effect as required by Sections 10-4-619 and 10-4-716, C.R.S. (2) No person shall operate a motor vehicle or low-power scooter on the public highways of this local government without a complying policy or certificate of self-insurance in full force and effect as required by Sections 10-4-619 and 10-4-624, C.R.S., as amended. (3) When an accident occurs, or when requested to do so following any lawful traffic contact or during any traffic investigation by a peace officer, no owner or operator of a motor vehicle or low-power scooter shall fail to present to the requesting officer immediate evidence of a complying policy or certificate of self-insurance in full force and effect as required by Sections 10-4-619 and 10-4-624, C.R.S., as amended. (4) Any person who violates the provisions of subsection (1), (2) or (3) of this section commits a traffic offense punishable pursuant to Section 8-1-70 of the Salida Municipal Code. (5) Testimony of the failure of any owner or operator of a motor vehicle or low-power scooter to present immediate evidence of a complying policy or certificate of self-insurance in full force and effect as required by Sections 10-4-619 and 10-4-624, C.R.S., as amended, when requested to do so by a peace officer, shall constitute prima facie evidence, at a trial concerning a violation charged under subsection (1) or (2) of this section, that such owner or operator of a motor vehicle or low-power scooter violated subsection (1) or (2) of this section. (6) No person charged with violating subsection (1), (2) or (3) of this section shall be convicted if he produces in court a bona fide complying policy or certificate of self-insurance which was in full force and effect, as required by Sections 10-4-619 and 10-4-624, C.R.S., as amended, at the time of the alleged violation. (9) A new Section 1416 is hereby adopted to read as follows: 1416. Mobile communication devices. (1) Definitions. For purposes of this Section 1416, the following terms shall have the following meanings:

(a) "Emergency" means a situation in which a person: (I) Has reason to fear for such person's life or safety or believes that a criminal act may be perpetuated against such person or another person, requiring the use of a wireless telephone while the car is moving; or (II) Reports a fire, a traffic accident in which one or more injuries are apparent, a serious road hazard, a medical hazardous materials emergency, or a person who is driving in a reckless, careless, or otherwise unsafe manner.

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(b) "Operating a motor vehicle" means driving a motor vehicle on a public highway, but "operating a motor vehicle" shall not mean maintaining the instruments of control while the motor vehicle is at rest in a shoulder lane or lawfully parked. (c) "Use" means talking on or listening to a wireless telephone or engaging the wireless telephone for text messaging or other similar forms of manual data entry or transmission. (d) "Wireless telephone" means a telephone that operates without a physical, wireline connection to the provider's equipment. The term includes, without limitation, cellular and mobile telephones.

(2) Prohibited use. (a) A person under eighteen (18) years of age shall not use a wireless telephone while operating a motor vehicle. (b) A person eighteen (18) years of age or older shall not use a wireless telephone for the purpose of engaging in text messaging or other similar forms of manual data entry or transmission while operating a motor vehicle.

(3) Exceptions. Subsection (2) hereof shall not apply to a person who is using the wireless telephone:

(a) To contact a public safety entity; or (b) During an emergency.

(4) An operator of a motor vehicle shall not be cited for a violation of subsection (2)(a) hereof unless the operator was under eighteen (18) years of age and a law enforcement officer saw the operator use a wireless telephone. (5) An operator of a motor vehicle shall not be cited for a violation of subsection (2)(b) hereof unless the operator was eighteen (18) years of age or older and a law enforcement officer saw the operator use a wireless telephone for the purpose of engaging in text messaging or other similar forms of manual data entry or transmission. (6) Penalties.

(a) A person who operates a motor vehicle in violation of this Section shall be assessed a penalty assessment in the amount of $50.00. (b) A person who receives a second or subsequent citation for operating a motor vehicle in violation of this Section shall be assessed an additional penalty assessment or penalty assessments in the amount of $100.00. (c) This Section shall not authorize the seizure and forfeiture of a wireless telephone.

(10) A new Section 1601 is hereby adopted to read as follows: 1601. Investigations. It shall be the duty of the Salida Police Department to investigate traffic accidents occurring within Salida either by investigation at the time of or at the scene of the accident or thereafter by interviewing participants or witnesses and to issue summonses and complaints and/or penalty assessment notices for ordinance violations occurring in connection with traffic accidents and to assist in the prosecution of those persons charged with violations of law or ordinance causing or contributing to accidents. However, nothing herein shall be deemed to impose upon the Salida Police Department, or the officers or members thereof, the duty to investigate accidents when circumstances are such that insufficient personnel exists to investigate a particular accident or a particular series of accidents and the Chief of Police, or his designate, shall have the authority to determine which accidents shall be investigated, if any, under those circumstances. (11) A new Section 1720 is hereby adopted to read as follows:

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1720. Report of outstanding judgments and warrants. The clerk of the Municipal Court shall, from time to time, report to the Colorado Department of Revenue all outstanding and unpaid Municipal Court penalty assessments and judgments and all outstanding Municipal Court arrest warrants relating to violations of any provision of Chapter 8 of the Salida Municipal Code. (b) Article II of the Model Traffic Code is adopted subject to the following additions,

modifications and amendments, and the amendments to said code set forth in this Section shall take precedence over the literal print copy of the code in the event of conflict:

(1) Section 102(121) is hereby deleted and the following is inserted in its stead: (121) 'Vehicle' means any device which is capable of moving itself, or of being moved, from place to place upon wheels or endless tracks. 'Vehicle' does not include any wheelchair as defined by subsection (122) of this section or any device moved exclusively over stationary rails or tracks." (2) Appendices Parts A through G are hereby deleted.

(c) Point reduction for payment of penalty assessment. If a person receives a penalty

assessment notice pursuant to Part 17 of the Model Traffic Code and the offense for which said penalty assessment is one for which points are assessed against a driver's license pursuant to Section 4-2-127, C.R.S., as amended, and if said person pays the penalty assessment and the surcharge, if any, for the violation on or before the date payment is due, the points assessed for the violation are reduced as follows:

(1) For a violation having an assessment of three (3) or more points, the points are reduced by two (2) points; (2) For a violation having an assessment of two (2) points, the points are reduced by one (1) point.

The Clerk of the Municipal Court, upon reporting traffic convictions and payments of penalty assessments, shall advise the Colorado Department of Revenue of the point reduction to which a person is entitled under the terms of this subsection. Penalty assessment notices issued for traffic violations for which points are assessed shall contain a statement concerning the reduction of points available under this Section. 8-1-40. Application.

This Article shall apply to every street, alley, sidewalk area, driveway, park and every other public way, place or parking area, either within or outside the corporate limits of the City, the use of which the City has jurisdiction and authority to regulate. The provisions of Sections 1401, 1402, 1413 and Part 16 of the adopted Model Traffic Code respectively concerning reckless driving, careless driving, eluding a police officer and accidents and accident reports shall apply not only to public places and ways but also throughout the City. 8-1-50. Interpretation.

This Article shall be so interpreted and construed as to effectuate its general purpose to conform with the State's uniform system for the regulation of vehicles and traffic. Article and section headings of

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this Article and the adopted code shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any article or section thereof. 8-1-60. Penalty assessments.

(a) Penalty assessment notices and contents. Penalty assessment notices as defined by

Section 1709 of the Model Traffic Code may be issued for the violation of any portion of this Article subject to the restrictions and limitations set forth in this Section.

(b) Authorization for penalty assessment notices. (1) Penalty assessment notices may not be issued for any of the following offenses: an offense resulting in an accident causing personal injury or substantial property damage; reckless driving; exceeding the speed limit by more than twenty (20) miles per hour; drag racing or speed contests; or eluding a police officer. (2) Penalty assessment notices may be issued only for those offenses for which the Municipal Court has established a penalty assessment pursuant to the Colorado Municipal Court Rules of Procedure.

(c) Effect of payment and nonpayment. (1) By paying the penalty assessment notice, the person named therein as the violator or defendant admits his or her guilt of the charge against him or her and, upon receipt of such payment, the Court shall enter judgment against the defendant that he or she has been found guilty. (2) If a person to whom a penalty assessment notice is issued fails to pay the penalty assessment specified in said notice before the time in which said person is required to appear before the Municipal Court, said person shall appear before the Municipal Court in person, or by attorney, in order to enter a plea to the charges. If said person fails to appear at the time and place specified in the notice, judgment shall be entered against said person under the terms of Section 1710 of the Model Traffic Code. If said person appears, the Municipal Court will accept said person's plea to the charges contained in the penalty assessment notice and will proceed as though the penalty assessment notice were a summons and complaint. (3) Nothing contained in this Section shall be deemed to prohibit the Municipal Court from collecting penalty assessments and costs by means other than those described in Part 17 of Article I of the Model Traffic Code.

8-1-70. Violation; penalty.

It is unlawful for any person to violate any of the provisions of this Article or the Model Traffic

Code as amended and adopted herein. Any person convicted of violating any such provisions shall be guilty of a misdemeanor and subject to the provisions of Chapter 1, Article IV of this Code. Further, the City shall be entitled to pursue any other civil or criminal remedy available at law to enforce the provisions of this Chapter.

ARTICLE II

Traffic Regulations

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8-2-10. Vehicle weight restrictions.

(a) All commercial vehicles having an empty weight of fifteen thousand (15,000) pounds or more shall be confined to a truck route as designated in the traffic schedule, except when performing pickup or delivery or utilizing a rest stop. Such vehicles must utilize the most direct route in traveling between a pickup, a delivery or a rest stop and a designated truck route.

(b) The designated truck route as designated as part of the traffic schedule shall be defined by resolution to be adopted by the City Council.

(c) Any person who operates any vehicle in a manner which violates this Section commits an unlawful act and, upon conviction thereof, shall be punished in the same manner as set forth in Chapter 1, Article IV of this Code.

(d) This Section shall take precedence over the provisions concerning the weight of vehicles

in Part 5 of Article I of the Model Traffic Code as adopted in Article I above, insofar as there is any conflict between this Section and said Model Traffic Code.

8-2-20. Squealing tires prohibited.

(a) No person shall operate a motor vehicle in such a manner that the powered wheels of said

vehicle either: (1) Lose traction with the road surface or other surface on which they sit and spin; or (2) Cause a squealing noise.

(b) Any person convicted of violating Subsection (a) above shall be punished by the

Municipal Court, which shall impose a penalty assessment upon said person in the amount of $50.00 to $300.00, as may be amended from time to time.

(c) It shall be an affirmative defense to a charge of violating Subsection (a) above that the

squealing caused by the tires or the spinning of the tires was unintentional or was necessary for some legitimate purpose such as starting a stalled automobile, towing a heavy load or something of that nature. However, it shall not be a defense that the motor vehicle was defective, was not operating properly, or must be operated in violation of said Subsection (a) in order to operate as it is designed; neither shall it be an affirmative defense that the operator of the vehicle was not familiar with the operation of the vehicle.

8-2-30. Bicycles on sidewalks prohibited.

No person shall operate a bicycle of any nature or kind upon sidewalks located within that part of

the City bounded by the following lines: the centerline of Sackett Avenue between "E" Street and the Monarch Spur Trail; the centerline of "E" Street extending northeasterly from 4th Street to the centerline of Sackett Avenue; the centerline of "F" Street extending northeasterly from Sackett Avenue to the Arkansas River; the centerline of 4th Street between the centerlines of "E" and "H" Streets; the centerline of "H" Street projected northeasterly to the Monarch Spur Trail; and the Monarch Spur Trail between its conjunction with the projected centerline of "H" Street and the Arkansas River. This Section takes precedence over Section 1412 of Article I of the Model Traffic Code as adopted in Article I of this Chapter, insofar as it conflicts therewith. When any person is convicted of violating this Section, the Municipal Court shall impose upon said person a penalty assessment in the amount of $15.00 to $100.00.

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8-2-40. Use of skating devices prohibited.

(a) As used in this Section, the term skating device refers to skateboards, roller skates, roller blades, human-powered scooters and all nature and variety of human transportation devices of a similar type.

(b) As used in this Section, the term skating limits refers to the area within the City bounded by the following lines: the Arkansas River; the centerline of "E" Street extended northeasterly to the Arkansas River; the centerline of 4th Street between the center lines of "E" and "H" Streets; the centerline of "H" Street extended northeasterly to the centerline of the "Railroad Reservation" as shown on the plat maps of the City; and the centerline of said Railroad Reservation between its conjunction with the projected centerline of "H" Street and the Arkansas River.

(c) No person shall travel in, upon or by the assistance of any skating device upon any sidewalk or parkway within the skating limits, and any person convicted by the Municipal Court of doing so shall be punished by the Municipal Court imposing upon said person a penalty assessment in the amount of $15.00 to $100.00, as may be amended from time to time.

8-2-50. Unnecessary horn noise prohibited.

The operator of a vehicle shall not use the vehicle's horn within the City except when necessary to

ensure the safe operation of the vehicle by giving audible warnings with the horn. Any person whom the Municipal Court convicts of violating this Section shall be punished by the imposition upon said person a penalty assessment in the amount of $15.00 to $100.00, as may be amended from time to time.

8-2-60. Restrictions on minor drivers.

(a) It shall be unlawful for a person who is sixteen years of age or older but under eighteen years of age to operate a motor vehicle in the City without possession of a motor vehicle license or instruction permit or temporary license issued and used in conformance with C.R. S. §42-2-106, as may be amended. (b) A minor driver shall not operate a motor vehicle containing a passenger who is under twenty-one years of age and who is not a member of the driver’s immediate family until such driver has held a valid driver’s license for at least six months; provided, however, that this subsection shall not apply if: (1) The motor vehicle contains the minor’s parent or legal guardian or any other responsible

adult as described in C.R.S. §42-2-108, as may be amended;

(2) The motor vehicle contains an adult twenty-one years of age or older who currently holds a valid driver’s license and has held such license for at least one year; (3) The passenger who is under twenty-one years of age is in the vehicle on account of a medical emergency; or (4) All passengers who are under twenty-one years of age are members of the driver’s immediately family and all passengers are wearing a seatbelt.

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(c) A minor driver shall not operate a vehicle between 12 midnight and 5 a.m. until such driver has held a driver’s license for at least one year; provided, however, that this subsection shall not apply if:

(1) The motor vehicle contains the minor’s parent or legal guardian or any other responsible adult as described in C.R.S. §42-2-108, as may be amended; (2) The motor vehicle contains an adult twenty-one years of age or older who currently holds a valid driver’s license and has held such license for at least one year; (3) The minor is driving to school or a school-authorized activity when the school does not provide adequate transportation, so long as the driver possesses a signed statement from the school official containing the date the activity will occur; (4) The minor is driving on account of employment when necessary, so long as the driver possesses a signed statement from the employer verifying employment; (5) The minor is driving on account of a medical emergency; or (6) The minor is an emancipated minor.

(d) Occupants in motor vehicles driven by persons under eighteen years of age shall be properly restrained or wear seat belts. No more than one passenger shall occupy the front seat of the motor vehicle driven by a person under eighteen years of age, and the number of passengers in the back seat of such vehicle shall not exceed the number of seat belts.

(e) Any person who violates any provision of this Section shall be deemed to have committed a misdemeanor and an unlawful act and, upon conviction thereof, shall be subject to imposition of a penalty assessment in the amount of not less than $50.00. The Municipal Judge shall promulgate a schedule of penalties for all misdemeanor minor traffic violations contained in this Section. Such schedule shall be prominently posted in the office of the Court Clerk.

ARTICLE III

Abandoned and Inoperable Vehicles

8-3-10. Definitions. The following definitions shall apply to this Chapter:

Abandoned vehicle means:

(1) Any vehicle left unattended on private property for a period of twenty-four (24) hours or longer without the consent of the owner or lessee of such property or his or her legally authorized agent.

(2) Any vehicle left unattended on public property, including any portion of a public right-of-way, within the City for a period of seventy-two (72) hours or longer, unless the owner of the vehicle has been granted permission by the City Administrator to park it for an extended period. (3) Any vehicles stored in an impound lot at the request of its owner, the owner's agent or the Police Department and not removed from the impound lot according to the agreement with the

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owner or agent or within seventy-two (72) hours of the time the Police Department notified the owner or agent that the vehicle is available for release upon payment of any applicable charges or fees. If the Police Department requested the storage, the provisions governing public tows shall apply as of the time of abandonment. Otherwise, the private tow shall apply as of the time of abandonment.

Occupant means the person who is in control of property, whether he or she is the owner, tenant or manager thereof. The resident of residential property and the owner or manager of business property shall be presumed to be the occupant. In the event property is owned, occupied or rented by a corporation or a governmental entity, the immediate supervisor of the premises shall be deemed the occupant. Owner means the owner of a vehicle. The person to whom the vehicle is registered with the Colorado Department of Revenue shall be presumed to be the owner. If unregistered, the occupant of property on which the vehicle is located shall be presumed to be the owner.

Inoperable vehicle means any automobile, truck, tractor, motorcycle or self-propelled vehicle which is in a condition of being junked, inoperable, wholly or partially dismantled, discarded, abandoned or unable to perform the functions or purpose for which it was originally constructed. The existence of any of the following conditions shall raise the presumption that a vehicle is inoperable:

(1) Absence of an effective registration plate upon such vehicle. (2) Placement of the vehicle or parts thereof upon jacks, blocks, chains or other supports. (3) Absence of one (1) or more parts of the vehicle necessary for the lawful operation of the

vehicle upon the streets and highways.

Vehicle means a device designed to travel along the ground upon wheels, treads, runners, slides or air cushion which is capable of transporting persons or personal property and shall include, but is not limited to, automobiles, aircraft, trucks, trailers, motorcycles, motor scooters, bicycles, tractors, buggies and wagons.

8-3-20. Abandoned or inoperable vehicles on public ways. (a) It is unlawful for any person to leave any abandoned or inoperable vehicle upon any public property within the City. Whenever a member of the Police Department discovers that an abandoned or inoperable vehicle has been on a public way for over one hundred sixty-eight (168) hours, such police officer shall issue a notice to the registered owner of such inoperable vehicle that the owner will be guilty of a misdemeanor unless, within forty-eight (48) hours after service of the notice, the owner either: (1) Removes the inoperable vehicle from the public ways; or (2) Repairs the inoperable vehicle so that it is no longer classified as an inoperable vehicle. Service of the notice may be by personal service or certified mail. (b) The owner of any inoperable vehicle who leaves the same upon a public way for over forty-eight (48) hours after having received the notice referred to in subsection (a) above, when such

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vehicle had been on a public way for over one hundred sixty-eight (168) hours prior to the deliverance of the notice, shall be guilty of a misdemeanor. (c) If a member of the Police Department finds that a vehicle has been parked or left upon a public way in the same location for over one hundred sixty-eight (168) hours, said police officer shall have reasonable grounds for believing the vehicle has been abandoned, and the police officer may have the vehicle removed and disposed of in the same manner as if it were left upon a state highway right-of-way contrary to the provisions of Part 18, Article 4 of Title 42, C.R.S., as amended. However, such police officer shall not have any vehicle removed until he or she has made reasonable efforts to contact the owner thereof, if the owner can be ascertained. 8-3-30. Abandoned and inoperable vehicles on private property.

(a) It is unlawful for any person who is the owner of any vehicle, any person who is in charge or control of private property, or any tenant, lessee, occupant, renter or otherwise, to permit or allow any abandoned or inoperable vehicle to remain on such property for a time period in excess of seventy-two (72) hours.

(b) Notice to remove vehicle. Upon discovering an inoperable vehicle upon any property, the Police Department shall issue to the occupant of such property a notice that such occupant shall be guilty of a misdemeanor unless, within ten (10) days after service of the notice, the occupant either: (1) Removes the inoperable vehicle from the property; or (2) Repairs the inoperable vehicle so that it is no longer classified as an inoperable vehicle. Service of the notice may be by personal service or certified mail. (c) Exceptions to provisions. This Section shall not apply to inoperable vehicles on property used by the occupant for a business which necessarily involves maintaining inoperable vehicles upon said property if such business is being lawfully conducted on property zoned for such business activity; nor shall it apply to inoperable vehicles enclosed within any building. It shall not apply to one (1) inoperable vehicle on a residential piece of property which the owner or occupant thereof is repairing, restoring or modifying if such vehicle is kept totally covered by an opaque cloth covering during those times when it is not being worked upon. 8-3-40. Unregistered vehicles on public property.

No person shall operate, leave or deposit upon the public property in the City any vehicle which

is not registered and/or licensed by the State or which does not display vehicle license plates belonging to such vehicle. The owner of such vehicle shall be presumed to be the person who deposited or left the same upon the public way contrary to the preceding sentence, and State motor vehicle records identifying the owner of such vehicle shall create a presumption that the person named in those records the true owner. 8-3-50. Violations.

(a) Any person who violates any provisions of this Article within the City commits an unlawful act and a misdemeanor. Any person convicted of such a violation shall be guilty of a misdemeanor and subject to the provisions of Chapter 1, Article IV of this Code. Further, the City shall be entitled to pursue any other civil or criminal remedy available at law to enforce the provisions of this Chapter.

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(b) It shall be an affirmative defense to any criminal charge arising under this Article that the

vehicle was abandoned without knowledge and consent of the person charged.

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CHAPTER 10

General Offenses

Article I General Provisions Sec. 10-1-10 Definitions Sec. 10-1-20 Jurisdiction and intent Sec. 10-1-30 Criminal attempt Sec. 10-1-40 Conspiracy Sec. 10-1-50 Complicity Sec. 10-1-60 Principles of criminal culpability Sec. 10-1-70 Accessory to crime Sec. 10-1-80 Disobeying Municipal Court

Article II Government and Public Officers Sec. 10-2-10 Obstructing government operations Sec. 10-2-20 Impersonating a police officer or City employee Sec. 10-2-30 Obstructing a police officer or firefighter Sec. 10-2-40 Resisting arrest Sec. 10-2-50 False reporting to authorities Sec. 10-2-60 Duty to aid

Article III Streets and Public Places Sec. 10-3-10 Unlawful conduct on public property Sec. 10-3-20 Disturbing lawful assemblies or activities Sec. 10-3-30 Obstructing or interfering with use of public ways Sec. 10-3-40 Interfering with use of streets or sidewalks Sec. 10-3-50 Barricading hazards Sec. 10-3-60 Damage or removal of street signs Sec. 10-3-70 Deposits of snow or ice Sec. 10-3-80 Improper dumping of garbage, trash and dangerous materials Sec. 10-3-90 Spitting, littering

Article IV Public, Private and Personal Property Sec. 10-4-10 Criminal mischief Sec. 10-4-20 Destruction of property Sec. 10-4-30 Trespassing Sec. 10-4-40 Littering Sec. 10-4-50 Theft Sec. 10-4-60 Price switching Sec. 10-4-70 Theft of rental property Sec. 10-4-80 Theft by receiving Sec. 10-4-90 Concealment of goods Sec. 10-4-100 Tampering and unauthorized connection

Article V Public Peace, Order and Decency Sec. 10-5-10 Disorderly conduct Sec. 10-5-20 Disrupting lawful assembly Sec. 10-5-30 Harassment Sec. 10-5-40 Loitering Sec. 10-5-50 Assault Sec. 10-5-60 Storage of flammable liquids Sec. 10-5-70 Explosives Sec. 10-5-80 Abandoned containers and appliances Sec. 10-5-90 Throwing stones or missiles Sec. 10-5-100 Fraud by check Sec. 10-5-110 Public indecency

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Sec. 10-5-120 Indecent exposure Sec. 10-5-130 Public nudity Sec. 10-5-140 Urinating in public

Article VI Minors Sec. 10-6-10 Curfew Sec. 10-6-20 Parent or guardian aiding, abetting Sec. 10-6-30 Encouraging delinquency Sec. 10-6-40 False statement; false credentials Sec. 10-6-50 Services of others Sec. 10-6-60 Sale, purchase and consumption of tobacco Sec. 10-6-70 Restrictions on tobacco product promotions Sec. 10-6-80 Violations

Article VII Alcoholic Beverages and Drugs Sec. 10-7-10 Illegal possession or consumption of alcoholic beverages by an underage person Sec. 10-7-20 Sales near schools Sec. 10-7-30 Possession and consumption of alcohol beverages in certain places Sec. 10-7-40 Exceptions Sec. 10-7-50 Interpretation Sec. 10-7-60 Possession of drug paraphernalia Sec. 10-7-70 Possession of cannabis Sec. 10-7-80 Abusing toxic vapors

Article VIII Weapons Sec. 10-8-10 Definitions Sec. 10-8-20 Carrying concealed weapon; forfeiture Sec. 10-8-30 Disposition of confiscated concealed weapons Sec. 10-8-40 Prohibited use of weapons Sec. 10-8-50 Selling weapons to intoxicated persons

Article IX Noise Control Sec. 10-9-10 Purpose Sec. 10-9-20 Definitions Sec. 10-9-30 Prohibitions Sec. 10-9-40 Exemptions Sec. 10-9-50 Prohibited noise activities Sec. 10-9-60 Motor vehicle noise prohibited Sec. 10-9-70 Sound level measurements Sec. 10-9-80 Sound permits Sec. 10-9-90 Inspections Sec. 10-9-100 Penalties

Article X Miscellaneous Offenses Sec. 10-10-10 Fireworks Sec. 10-10-20 Posting handbills, posters and placards Sec. 10-10-30 Water on public ways

Article XI Smoking in Public Places Sec. 10-11-10 Legislative declaration Sec. 10-11-20 Definitions Sec. 10-11-30 General Smoking Restrictions Sec. 10-11-40 Optional Prohibitions Sec. 10-11-50 Unlawful Acts – penalty – disposition of fine and surcharges

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CHAPTER 10 GENERAL OFFENSES

ARTICLE I

General Provisions 10-1-10. Definitions.

The following words and terms, when used in this Chapter, shall have the meanings ascribed to them in this Section, unless otherwise provided:

Alcohol beverage includes fermented malt beverages as defined by the Colorado Beer Code and alcohol beverages as defined by the Colorado Liquor Code. Bodily injury means physical pain, illness or any impairment of physical or mental condition. Serious bodily injury means bodily injury which involves a substantial risk of death, serious permanent disfigurement or protracted loss or impairment of a function of any part of organ of the body. Controlled substance means any substance the manufacture, possession or use of which violates the laws of the State, including but not limited to marihuana, marihuana concentrate, cocaine, methamphetamine and opium derivatives as those terms are defined in Section 18-18-102, C.R.S. Criminal negligence. A person acts with criminal negligence when, through a gross deviation from the standard of care that a reasonable person would exercise, he or she fails to perceive a substantial and unjustifiable risk that a result will occur or that a circumstance exists. Culpable mental state means intentionally, with intent, knowingly, willfully, recklessly or with criminal negligence, as these terms are defined in this Section. Drug paraphernalia means any machine, instrument, tool, equipment or device which is primarily designed and intended for one (1) or more of the following: (1) To introduce into the human body any controlled substance under circumstances in violation of state law; (2) To enhance the effect on the human body of any controlled substance under circumstances in violation of state law; (3) To conceal any quantity of any controlled substance under circumstances in violation of state law; or (4) To test the strength, effectiveness or purity of any controlled substance under circumstances in violation of state law.

Government includes any branch, subdivision, institution or agency of the government of the City. Governmental function includes any activity which a public servant is legally authorized to undertake on behalf of a government.

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Intentionally or with intent. All offenses defined in this Code in which the mental culpability requirement is expressed as intentionally or with intent are declared to be specific intent offenses. A person acts intentionally or with intent when the person's conscious objective is to cause the specific result proscribed by the ordinance defining the offense. It is immaterial to the issue of specific intent whether or not the result actually occurred. Knowingly or willfully. All offenses defined in this Chapter in which the mental culpability requirement is expressed as knowingly or willfully are declared to be general intent crimes. A person acts knowingly or willfully with respect to conduct or to a circumstance described by an ordinance defining an offense when the person is aware that such person's conduct is of such nature or that such circumstance exists. A person acts knowingly or willfully, with respect to a result of such person's conduct when the person is aware that the person's conduct is practically certain to cause the result. Loiter means to be dilatory, to stand idly around, to linger, delay, wander about, to remain, abide or tarry in public places. Police officer means a member of the Police Department, the County Sheriff or one (1) of his or her sworn deputies. A police officer is identified if he or she is wearing the uniform or displays the badge or identification card prescribed by the Police Department or the County Sheriff, or if he or she orally identifies himself or herself as a police officer to any person to whom it may concern. Private property means any dwelling and its curtilage which is being used by a natural person for habitation and which is not open to the public, and privately owned real property which is not open to the public. Private property shall not include: (1) Any establishment which has or is required to have a license pursuant to Article 46, 47 or 48 of Title 12, C.R.S.; (2) Any establishment which sells alcohol beverages or upon which alcohol beverages are sold; or (3) Any establishment which leases, rents or provides accommodations to members of the public generally. Public place means any place commonly or usually open to the general public or to which members of the general public may resort, or accessible to members of the general public. By way of illustration, such public places include but are not limited to public ways, streets, buildings, sidewalks, alleys, parking lots, shopping centers, shopping center malls, places of business usually open to the general public, and automobiles or other vehicles in or upon any such place or places, but shall not include the interior or enclosed yard area of private homes, residences, condominiums or apartments. Public servant means any officer or employee of the government, whether elected or appointed, and any person participating as an advisor or consultant, engaged in the service of process or otherwise performing a governmental function, but the term does not include witnesses. Recklessly. A person acts recklessly when he or she consciously disregards a substantial and unjustifiable risk that a result will occur or that a circumstance exists.

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10-1-20. Jurisdiction and intent.

(a) This Chapter shall be effective within the City limits. The City's jurisdiction shall attach to all offenses named herein, committed within the City limits.

(b) It is the intent and purpose of this Chapter not to define as unlawful any conduct which is

designated as felonious under state law, and this Chapter shall be so construed, notwithstanding any language contained herein which might otherwise be construed to the contrary. 10-1-30. Criminal attempt.

(a) A person commits criminal attempt if, acting with the kind of culpability otherwise required for commission of a violation of this Code, he or she engages in conduct constituting a substantial step toward committing the violation. A substantial step is any conduct, whether act, omission or possession, which is strongly corroborative of the firmness of the actor's purpose to complete the commission of the violation. Factual or legal impossibility of committing the violation is not a defense if the violation could have been committed had the attendant circumstances been as the actor believed them to be, nor is it a defense that the crime attempted was actually perpetrated by the accused.

(b) A person who engages in conduct intending to aid another to commit an offense commits criminal attempt if the conduct would establish his or her complicity under Section 18-1-603, C.R.S., as amended, were the offense committed by the other person, even if the other is not guilty of committing or attempting the offense.

(c) It is an affirmative defense to a charge under this Section that the defendant abandoned his or her efforts to commit the violation or otherwise prevented its commission, under circumstances manifesting the complete and voluntarily renunciation of his or her criminal intent.

(d) Criminal attempt to commit a violation of the Code is a misdemeanor. The penalty shall be the same as the penalty for committing the violation attempted. Attempting to violate this Code need not be separately charged, but such a charge shall be deemed included in an allegation that the defendant in fact violated this Code.

10-1-40. Conspiracy.

(a) A person commits conspiracy to commit a violation of this Code if, with intent to promote or facilitate its commission, he or she agrees with another person that they, or one (1) or more of them, will engage in conduct which constitutes a violation or an attempt to commit a violation of this Code, or he or she agrees to aid another person in the planning or commission of a violation of this Code or of an attempt to violate this Code.

(b) No person may be convicted of conspiracy to violate this Code unless an overt act in

pursuance of that conspiracy is proved to have been done by him or her or by a person with whom he or she conspired.

(c) If a person knows that one with whom he or she conspires to commit a crime has

conspired with another person to commit the same crime, he or she is guilty of conspiring to commit a crime with the other person, whether or not he or she knows the other person's identity.

(d) If a person conspires to commit a number of crimes, he or she is guilty of only one (1) conspiracy so long as such multiple crimes are part of a single criminal episode.

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10-1-50. Complicity.

A person is legally accountable as principal for the behavior of another constituting a misdemeanor as defined by this Chapter if, with intent to promote or facilitate the commission of the misdemeanor, he or she aids, abets or advises the other person in planning or committing the misdemeanor. 10-1-60. Principles of criminal culpability.

Unless specifically required by the specific section creating the violation, the mental state required for a person to violate a provision of this Code is knowingly. 10-1-70. Accessory to crime.

(a) A person is an accessory to crime if, with intent to hinder, delay or prevent the discovery, detection, apprehension, prosecution, conviction or punishment of another for the commission of a crime, he or she renders assistance to such person.

(b) Render assistance means to: (1) Harbor or conceal the other; (2) Warn such person of impending discovery or apprehension; except that this does not apply to a warning given in an effort to bring such person into compliance with the law; (3) Provide such person with money, transportation, weapon, disguise or other thing to be

used in avoiding discovery or apprehension; (4) By force, intimidation or deception, obstruct anyone in the performance of any act which

might aid in the discovery, detection, apprehension, prosecution or punishment of such person; or (5) Conceal, destroy or alter any physical evidence that might aid in the discovery, detection,

apprehension, prosecution, conviction or punishment of such person.

10-1-80. Disobeying Municipal Court.

(a) It is unlawful for a person who has been served with a summons or a summons and complaint in the manner provided for by law and to fail to appear in person or by counsel before the Municipal Court at the time and place designated in such summons or summons and complaint. This offense may be included as a separate offense in the existing proceedings against such person upon the motion of the City or upon the Court's own motion.

(b) All persons who are subject to the jurisdiction of the Municipal Court by virtue of having been charged in the Municipal Court, having been found guilty and placed on probation by the Municipal Court, or having entered into a deferred sentence agreement before the Municipal Court, have the obligation and duty to keep the Municipal Court informed of their current whereabouts and their current mailing addresses. It is unlawful for any such person who is subject to the jurisdiction of the Municipal Court to fail to appear before the Municipal Court at a time and place directed by the Municipal Court. Proof that a person subject to the jurisdiction of the Municipal Court was mailed a notice to appear before

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the Municipal Court at a specified time and date and that such notice was mailed to said person at his or her last known address according to the records of the Municipal Court and that such notice was mailed at least four (4) days before the appearance date specified in the notice shall be prima facie evidence that said person was properly directed to appear before the Municipal Court.

ARTICLE II

Government and Public Officers

10-2-10. Obstructing government operations.

(a) It is unlawful to obstruct government operations.

(b) A person commits obstructing government operations if he or she intentionally obstructs, impairs or hinders the performance of a governmental function by a public servant, by using or threatening to use violence, force or physical interference or obstacle.

(c) It is an affirmative defense that:

(1) The obstruction, impairment or hindrance was of unlawful action by a public servant; (2) The obstruction, impairment or hindrance was of the making of an arrest; or (3) The obstruction, impairment or hindrance was by lawful activities in connection with a labor dispute with the government.

10-2-20. Impersonating a police officer or City employee.

(a) It is unlawful for any person, other than a police officer, to wear the insignia of office of a police officer or any other insignia of office like, similar to or a colorable imitation of that adopted and worn by the police officer.

(b) It is unlawful for any person, other than a police officer to in any manner represent himself or herself to another as a police officer.

(c) It is unlawful for any person to counterfeit, imitate or cause to be counterfeited, imitated or colorably imitated, the badge or insignia of office used by the Police Department.

(d) It is unlawful for any person, other than a City officer or employee, to willfully or fraudulently represent himself or herself to be a City officer or employee to any other person.

10-2-30. Obstructing a police officer or firefighter.

(a) No person shall willfully fail or refuse to comply with any lawful order, signal or direction of a police officer made or given in the discharge of the police officer's duties.

(b) No person shall, in any way, interfere with or hinder any police officer who is discharging or apparently discharging the duties of the position.

(c) It is unlawful to obstruct a police officer or firefighter.

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(d) A person commits obstructing a police officer or firefighter when, by using or threatening to use violence, force or physical interference or obstacle, such person knowingly obstructs, impairs or hinders the enforcement of the law or the preservation of the peace by a police officer, acting under color of his or her official authority, or knowingly obstructs, impairs or hinders the prevention, control or abatement of fire by a firefighter, acting under color of his or her official authority.

(e) No person shall drive a vehicle to or close by the scene of a fire, explosion, traffic

accident, riot, impending riot, other disaster or investigation in such a manner as to obstruct or impede the arrival, departure or operation of any fire truck, police vehicle, ambulance or any other emergency vehicle; nor shall a person fail to move a vehicle from the scene when ordered to do so by a police officer, fireman or emergency personnel in the performance of his or her duties in coping with such fire, explosion, traffic accident, riot, impending riot, other disaster or investigation.

(f) It is no defense to a prosecution under this Section that the police officer or firefighter

was acting in an illegal manner, if the police officer or firefighter was acting under color of his or her official authority as defined in Section 10-2-40(d) below.

(g) This Section does not apply to obstruction, impairment or hindrance of the making of an

arrest. 10-2-40. Resisting arrest.

(a) It is unlawful to resist arrest. (b) A person commits resisting arrest if he or she knowingly prevents or attempts to prevent

a police officer, acting under color of his or her official authority, from effecting an arrest of the actor or another by:

(1) Using or threatening to use physical force or violence against the police officer or another; or (2) Using any other means which creates a substantial risk of causing physical injury to the police officer or another.

(c) It is no defense to a prosecution under this Section that the police officer was attempting

to make an arrest which in fact was unlawful, if the police officer was acting under color of his or her official authority and, in attempting to make the arrest, the police officer was not resorting to unreasonable or excessive force giving rise to the right of self-defense. A police officer acts under color of his or her official authority when, in the regular course of assigned duties, the police officer is called upon to make, and does make, a judgment in good faith based upon surrounding facts and circumstances that an arrest should be made by the police officer.

(d) The term police officer as used in this Section means a police officer in uniform or, if out of uniform, one who has identified himself or herself by exhibiting his or her credentials as such police officer to the person whose arrest is attempted.

10-2-50. False reporting to authorities.

It is unlawful for a person to falsely report to authorities. A person commits false reporting to authorities if he or she:

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(1) Knowingly causes a false alarm of fire or other emergency to be transmitted to or within an official or volunteer fire department, ambulance service or any other government agency which deals with emergencies involving danger to life or property; (2) Makes a report or knowingly causes the transmission of a report to law enforcement authorities of a crime or other incident within their official concern when he or she knows that it did not occur; (3) Makes a report or knowingly causes the transmission of a report to law enforcement authorities pretending to furnish information relating to an offense or other incident within their official concern when he or she knows that he or she has no such information or knows that the information is false; (4) Knowingly gives false information to any law enforcement officer with the purpose of implicating another; or (5) Gives a false name or address to a law enforcement officer with the intent of concealing or hiding one's own real name, address and/or age.

10-2-60. Duty to aid.

(a) Refusal. It is unlawful for any person eighteen (18) years of age or older, upon command by an individual known to him or her to be a police officer, to unreasonably refuse to aid the police officer in effecting an arrest, securing the custody of an arrestee or preventing the commission by another of any offense.

(b) Duty to aid fire officials. It shall be the duty of every person who is present at the scene

to obey all lawful orders of the incident commander or firefighter; however, no person is bound to obey such firefighter unless the firefighter's official character is known or made known to such person.

ARTICLE III

Streets and Public Places 10-3-10. Unlawful conduct on public property.

(a) It is unlawful for any person to enter or remain in any public building or on any public property or to conduct himself or herself in or on them in violation of any order, rule or regulation concerning any matter prescribed in this Section, limiting or prohibiting the use, activities or conduct in such public building or on such public property, issued by any officer or agency having the power of control, management or supervision of the building or property. In addition to any authority granted by any other law, each such officer or agency may adopt such orders, rules or regulations as are reasonably necessary for the administration, protection and maintenance of such public buildings and property, specifically, orders, rules and regulations upon the following matters:

(1) Preservation of property, vegetation, wildlife, signs, markers, statues, buildings, grounds and other structures, and any object of scientific, historical or scenic interest; (2) Restriction or limitation of the use of such public buildings or property as to time, manner or permitted activities;

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(3) Prohibition of activities or conduct within public buildings or on public property which may be reasonably expected to substantially interfere with the use and enjoyment of such places by others or which may constitute a general nuisance; (4) Camping and picnicking, public meetings and assemblages and other individual or group usages, including the place, time and manner in which such activities may be permitted; (5) Use of all vehicles as to place, time and manner of use; and (6) Control and limitation of fires and designation of places where fires are permitted.

(b) No conviction may be obtained under this Section unless notice of such limitation or

prohibition is prominently posted at all public entrances to such building or property or unless such notice is actually first given the person by the office or agency, including any agent thereof or by any law enforcement officer having jurisdiction or authority to enforce this Section.

(c) Any person who violates this Section is guilty of unlawful conduct on public property. 10-3-20. Disturbing lawful assemblies or activities.

(a) It is unlawful for any person, by conduct in, on or near the premises, property or facilities of the City or any public place, institution, office or buildings, any school, congregation or assembly meeting for religious worship or any other lawful meeting or assembly intentionally, knowingly or recklessly:

(1) Without reasonable necessity, to obstruct a street, highway, sidewalk, railway, waterway, building entrance, elevator, aisle, stairway or hallway to which the public or a substantial segment of the public has access; or any other place used for the passage of persons, vehicles or conveyances, whether the obstruction arises from such person's acts alone or from such person's acts and the acts of others; (2) To disobey a reasonable request or order to move issued by a person he or she knows or should reasonably know to be a police officer, firefighter or person with authority to control the use of the premises, to prevent obstruction of a highway, passageway or the premises or facilities, or to maintain public safety by dispersing those gathered in dangerous proximity to a fire, riot, or other hazard; (3) To disrupt, obstruct or interfere substantially with any lawful meeting, procession or gathering in or on such premises by intentional physical action, verbal utterance or any other means; (4) To deny any public servant, official, employee, invitee or student:

i. Lawful freedom of movement on the premises; ii. Lawful use of the property, premises or facilities; iii. The right of lawful ingress and egress to such property;

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(5) To impede any public servant, official, employee, invitee or student in the lawful performance of such person's duties or activities through the use of restraint, coercion or intimidation or when force and violence are present or threatened; or (6) To refuse or fail to leave such premises, property or facilities upon being reasonably requested to do so by a police officer, chief administrative officer, or such person's designee, dean or principal of an educational institution, or other individual or public servant with authority to control the use of the premises if such person is committing, threatens to commit or incites others to commit any act which would obstruct, disrupt, restrict or impede the lawful missions, processes, procedures or functions in or on such premises, property or facilities. (b) Nothing in this Section shall be construed to prevent lawful assembly and peaceful and

orderly petition for the redress of grievances. (c) The term premises, property, or facilities of the City, as used in this Section, includes any

premises being temporarily used by a public officer or employee in the discharge of his or her official duties.

10-3-30. Obstructing or interfering with use of public ways.

(a) It is unlawful for any person, alone or with others, to obstruct, interfere with or prevent the free, unobstructed and reasonable use of any public highway, street, alley or sidewalk in the City by a vehicle, animal or pedestrian along any public street, highway, alley or sidewalk within the City or to fail or refuse to move on, disperse or cease such obstruction or interference immediately upon being so ordered by any police officer of the City or other authorized peace officer.

(b) It is unlawful for any person, alone or with others, to obstruct the vehicular, animal or pedestrian movement within, into or from any premises open to the public after said person has been requested or directed to move by the owner of the premises, a person lawfully in charge thereof or by an identified police officer.

(c) It is unlawful for any person to occupy, sleep in, camp in or otherwise live in, temporarily or permanently, a vehicle parked or located on any public street, highway, alley, public parking lot or area, or sidewalk within the City. The term vehicle, for the purposes of this Subsection, shall include an automobile, truck recreational vehicle, trailer or any attachment to or extension thereof.

(d) Any person standing or walking in a street in such a place or manner as to require vehicular traffic to leave its regular lane to travel as designated by the Model Traffic Code, or to force vehicular traffic to approach so close to said person as to be a danger to such person's welfare, shall be deemed to be obstructing a public way.

(e) The following shall be affirmative defenses to prosecutions under this Section: That a person was crossing the street at a corner or regularly marked crosswalk and was crossing in accordance with applicable traffic regulations; that a person was leaving a parked or disabled vehicle in a prompt manner and spending as little time on the street as necessary; that a person was unloading a parked or disabled vehicle in a prompt manner and spending as little time on the street as necessary; or that a person was following Part 8 of the Model Traffic Code for Colorado Municipalities, as adopted in Chapter 8, Article I of this Code. 10-3-40. Interfering with use of streets or sidewalks.

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It is unlawful for any person to obstruct, interfere with or prevent the free, unobstructed and reasonable use of a public highway, street, alley or sidewalk by any other person, to fail or refuse to yield to the reasonable use or passage of any other person on that public highway, street, alley or sidewalk or to fail or refuse to move on, disperse or cease such obstruction or interference immediately upon being so ordered by any peace officer.

10-3-50. Barricading hazards.

It is unlawful for any person to perform work upon a public or private walkway or roadway or leave a cellar or basement door adjoining any public or private walkway open and fail to barricade the same in such a manner as to warn unwary persons of the existence of the work or open door. 10-3-60. Damage or removal of street signs.

It is unlawful for any person without proper authorization to remove, deface, damage or destroy any street sign or sign erected or placed in or adjacent to any street indicating the name of such street.

10-3-70. Deposits of snow or ice.

It is unlawful for any person to deposit any snow or ice, or cause any snow or ice to be deposited, on or against any fire hydrant or traffic signal, controlled device or appurtenance.

10-3-80. Improper dumping of garbage, trash and dangerous materials.

(a) It is unlawful for any person to place, deposit or dump, or cause to be placed, deposited or dumped, any offal composed of animal or vegetable substance, dead animal, excrement, garbage, sewage, trash, debris, rocks, dirt, scrap construction materials, nails, mud, snow, ice, waste fuel or other petroleum-based products, paint, chemicals or other waste, whether liquid or solid, or dangerous materials that may cause a traffic hazard in or upon any public or private highway or road, including the right-of-way thereof; or to place, deposit or dump such materials in or upon any public grounds or upon any private property without the consent of the owner, save and except property designated or set aside for such purposes. The consent of the owner of such property shall be an affirmative defense to any prosecution under this Section.

(b) It is unlawful for any person to deposit anything in a trash barrel or dumpster or other waste receptacle owned by another person or assigned by the owner for the use of another person, regardless of where the barrel, dumpster or waste receptacle is located and regardless of whether such barrel, dumpster or waste receptacle is located on a public street, alley or right-of-way. For the purpose of this Section, trash receptacles placed on City sidewalks shall be deemed assigned for the use of all persons using those sidewalks. For the purposes of this Paragraph, a trash barrel, dumpster or receptacle assigned by the owner thereof to a landlord for use on rental property shall be deemed assigned to the tenants of that rental property; and trash barrels, dumpsters and receptacles owned by a landlord and placed upon his or her rental property shall be deemed assigned to his or her tenants. Trash barrels, dumpsters and receptacles owned by or assigned to the City, except those located in public parks and on public sidewalks, shall be deemed assigned to and owned by the City and for the use of the City only and not for public use.

(c) As used in this Section, the term public trash receptacle refers to trash barrels, dumpsters and receptacles of every nature and kind which are located in public parks or upon City sidewalks. It is unlawful for any person to deposit in any public trash receptacle any trash or waste except such trash or waste as is incidental to such person's use of the public sidewalk or park. It is unlawful for any person to

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deposit in any public trash receptacle any household trash or waste, any industrial trash or waste or the trash or waste which is the product of any commercial enterprise.

(d) As used in this Section, the term trash means waste materials composed of offal,, whether animal or vegetable in source, dead animals or portions thereof, excrement, garbage, sewage, debris, rocks, dirt, scrap construction materials, fuel or other petroleum-based products, paint, chemicals or any other item or substance of which a person wishes to dispose. The term trash includes all materials which may be recyclable. The term trash receptacle refers to trash barrels, dumpsters and receptacles of every nature and kind which are located within the City. 10-3-90. Spitting, littering.

(a) It is unlawful for any person to spit or in any manner litter within a public building, or for any person to litter upon any public property.

(b) It is unlawful for any person to spit upon the sidewalks within the City.

(c) As used in this Section, the term spit means to expel any substance of any nature or kind from the mouth of a human person, whether the substance is natural to the human body or taken into the mouth by the person.

ARTICLE IV

Public, Private and Personal Property 10-4-10. Criminal mischief.

It is unlawful for any person to knowingly damage the real or personal property of one (1) or more other persons in the course of a single criminal episode where the aggregate damage to the real or personal property is less than five hundred dollars ($500.00). 10-4-20. Destruction of property.

It is unlawful for any person to either maliciously, wantonly, intentionally or through criminal negligence, injure, damage or destroy the real or personal property of another or of the City; provided, however, that this Section shall not apply to any person showing a legal right or authority to injure, damage or destroy such property. This Section shall apply only where the aggregate damage to such real or personal property is less than one thousand dollars ($1,000.00), or where the damage is effected by means of fire or explosives with the intent to defraud. 10-4-30. Trespassing.

It is unlawful for any person without permission or legal privilege to enter, occupy, use or remain upon or in any privately owned property, real or personal, of another, or fail or refuse to remove himself or herself from such property when requested to leave by the owner, occupant or person having lawful control thereof.

10-4-40. Littering.

(a) It is unlawful to throw or deposit in any street, alley, sidewalk or public grounds in the City any paper, old clothes, cloth of any kind, boots, shoes, hats, leather, hair, grass, junk, inoperable or

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unlicensed vehicles, trash or any other thing, except in public receptacles and authorized private receptacles.

(b) It is unlawful for any person, while a driver or passenger in a vehicle, to throw or deposit litter upon any street or other public place within the City or upon private property 10-4-50. Theft.

(a) It is unlawful to commit theft. A person commits theft when he or she knowingly obtains or exercises control over anything of another person without authorization or by threat or deception when the value of the thing is less than one thousand dollars ($1,000.00) of another, and:

(1) Intends to deprive the person permanently of the use or benefit of the thing of value;

(2) Knowingly uses, conceals or abandons the thing of value in such a manner as to deprive the other person permanently of its use or benefit; (3) Uses, conceals or abandons the thing of value intending that such use, concealment or

abandonment will deprive the other person permanently of its use or benefit; or (4) Demands any consideration to which he or she is not legally entitled as a condition of

restoring the thing of value to the other person.

(b) If any person willfully conceals unpurchased goods, wares or merchandise owned or held by and offered or displayed for sale by any store or other mercantile establishment, whether the concealment is on his or her own person or otherwise and whether on or off the premises of said store or mercantile establishment, such concealment constitutes prima facie evidence that the person intended to commit the crime of theft.

10-4-60. Price switching.

It is unlawful for any person to willfully alter, remove or switch the indicated price of any unpurchased goods, wares or merchandise owned or held by, and offered or displayed for sale by, any store or other mercantile establishment with the intent to defraud such store or mercantile establishment; provided, however, that this Section shall not apply to goods, wares or merchandise of a value of one thousand dollars ($1,000.00) or more.

10-4-70. Theft of rental property.

It is unlawful for a person to commit theft of rental property. A person commits theft of rental property if he or she:

(1) Obtains the temporary use of personal property of another, which is available only for hire, by means of threat or deception or knowing that such use is without the consent of the person providing the personal property; (2) Having lawfully obtained possession for temporary use of the personal property of another which is available only for hire, knowingly fails to reveal the whereabouts of or to return the property to the owner thereof or his or her representative or to the person from whom he or she has received it within seventy-two (72) hours after the time at which he or she agreed to return it; and

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(3) The value of the property involved is less than one thousand dollars ($1,000.00).

10-4-80. Theft by receiving.

It is unlawful to commit theft by receiving. A person commits theft by receiving when he or she receives, retains, loans money by pawn or pledge on or disposes of anything of value of another, knowing or believing that the thing of value has been stolen, and when he or she intends to deprive the lawful owner permanently of the use or benefit of the thing of value, where the value of such thing is less than one thousand dollars ($1,000.00).

10-4-90. Concealment of goods.

If any person willfully conceals unpurchased goods, wares or merchandise valued at less than one thousand dollars ($1,000.00) owned or held by and offered or displayed for sale by any store or other mercantile establishment, whether the concealment is on his or her own person or otherwise and whether on or off the premises of the store or mercantile establishment, such concealment constitutes prima facie evidence that the person intended to commit the crime of theft.

10-4-100. Tampering and unauthorized connection.

(a) Any person who connects any pipe, tube, stopcock, wire, cord, socket, motor or other instrument or contrivance with any main, service pipe or other medium conducting or supplying gas, water or electricity to any building without the knowledge and consent of the person supplying such gas, water or electricity commits tampering and unauthorized connection, which is unlawful.

(b) Any person who in any manner alters, obstructs or interferes with any meter pit, meter or metering device provided for measuring or registering the quantity of gas, water or electricity passing through said meter without the knowledge and consent of the person owning said meter commits tampering and unauthorized connection, which is unlawful.

(c) A person who tampers with property of another with intent to cause injury, inconvenience or annoyance to that person or to another, or if he or she knowingly makes unauthorized connection with property of a utility, commits tampering and unauthorized connection, which is unlawful.

(d) Nothing in this Section shall be construed to apply to any licensed electrical or plumbing contractor while performing usual and ordinary services in accordance with recognized customs and standards.

ARTICLE V

Public Peace, Order and Decency 10-5-10. Disorderly conduct.

A person commits disorderly conduct if he or she intentionally, knowingly or recklessly:

(1) Makes a coarse and obviously offensive utterance, gesture or display in a public place and the utterance, gesture or display tends to incite an immediate breach of the peace; (2) Makes unreasonable noise in a public place or near a private residence that he or she has no right to occupy;

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(3) Fights with another person in a public place, except in an amateur or professional contest of athletic skill; (4) Not being a police officer, discharges a deadly weapon in a public place; or (5) Not being a police officer, displays a deadly weapon, displays any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon, or represents verbally or otherwise that he or she is armed with a deadly weapon in a public place in a manner calculated to alarm.

10-5-20. Disrupting lawful assembly.

A person commits disrupting lawful assembly if, with intent to prevent or disrupt any lawful meeting, procession or gathering, he or she significantly obstructs or interferes with the meeting, procession or gathering by physical action, verbal utterance or any other means 10-5-30. Harassment.

(a) A person commits harassment if, with intent to harass, annoy or alarm another person, he or she:

(1) Strikes, shoves, kicks or otherwise touches a person or subjects such person to physical contact; (2) In a public place directs obscene language or makes an obscene gesture to or at another person; (3) Follows another person in or about a public place; (4) Initiates communications with a person, anonymously or otherwise by telephone, computer, computer network or computer system in a manner intended to harass or threaten bodily injury or property damage, or makes any comment, request, suggestion or proposal by telephone, computer, computer network or computer system which is obscene; (5) Makes a telephone call or causes a telephone to ring repeatedly, whether or not a conversation ensues, with no purpose of legitimate conversation; (6) Makes repeated communications at inconvenient hours that invade the privacy of another and interfere in use and enjoyment of another's home or private residence or other private property; or (7) Repeatedly insults, taunts, challenges or makes communications in offensively coarse language to another in a manner likely to provoke a violent or disorderly response.

(b) As used in this Section, unless the context otherwise requires, obscene means a patently

offensive description of ultimate sexual acts or solicitation to commit ultimate sexual acts, whether or not said ultimate sexual acts are normal or perverted, actual or simulated, including masturbation, cunnilingus, fellatio, anilingus or excretory functions.

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(c) Any act prohibited by subparagraph (a)(4) above may be deemed to have occurred or to have been committed at the place at which the telephone call, electronic mail or other electronic communication was either made or received.

10-5-40. Loitering.

(a) It is unlawful for any person to: (1) Loiter with the intent to violate any provision of this Chapter or any criminal provisions of state or federal law. (2) Loiter for the purpose of begging. (3) Loiter for the purpose of unlawful gambling with cards, dice or other gambling paraphernalia. (4) Loiter for the purpose of engaging or soliciting another person to engage in prostitution or deviate sexual intercourse. (5) Loiter with intent to interfere with or disrupt the school program or with intent to interfere with or endanger schoolchildren in a school building, on school grounds or within one hundred (100) feet of school grounds when persons under the age of eighteen (18) are present in the building or on the grounds, for one not having any reason or relationship involving custody for, or responsibility for, a pupil or any other specific, legitimate reason for being there, and having been asked to leave by a school administrator, the administrator's representative or a peace officer. (6) Loiter with one (1) or more persons for the purpose of unlawfully using or possessing a controlled substance. (b) It is an affirmative defense that the defendant's acts were lawful and he or she was

exercising his or her rights of lawful assembly as part of a peaceful and orderly petition for the redress of grievances, either in the course of labor disputes or otherwise.

10-5-50. Assault.

It is unlawful to knowingly or recklessly cause bodily injury to another person, or with criminal negligence cause bodily injury to another person.

10-5-60. Storage of flammable liquids.

It is unlawful to store or cause to be stored or parked, except for delivery, any tank or tank vehicle carrying flammable liquids or gases upon any streets, ways or avenues of the City or in any other part of the City, unless a conditional use permit is obtained in accordance with Section 16-5-40, Table 16-D, of this Code.

10-5-70. Explosives.

It is unlawful for any person to store within the City limits or within one (1) mile thereof any amount of gunpowder, blasting powder, nitroglycerine, dynamite or other high explosive in excess of one

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(1) fifty-pound box or in excess of five hundred (500) caps or other devices used for the detonation of such high explosives. 10-5-80. Abandoned containers and appliances.

It is unlawful for any person to leave or permit to remain outside of any dwelling, building or other structure or within any unoccupied or abandoned building, structure or dwelling under his or her control, in a place accessible to children, any abandoned, unattended or discarded ice box, refrigerator, washer, dryer, freezer or other container or appliance which has a door, lid, snap lock or other locking device which may not be released from the inside, without first removing said door, lid, snap lock or other locking device.

10-5-90. Throwing stones or missiles.

No person shall throw or shoot any stone or other missile at or upon any person, animal, public or private property, building, structure, tree or shrub. 10-5-100. Fraud by check.

(a) The following definitions apply to this Section: Check means a written, unconditional order to pay a certain sum in money, drawn on a bank, payable on demand, and signed by the drawer. Check also includes a negotiable order of withdrawal and a share draft.

Insufficient funds means a drawer has insufficient funds with the drawee to pay a check when the drawer has no checking account, negotiable order of withdrawal account or share draft account with the drawee or has funds in such an account with the drawee in an amount less than the amount of the check plus the amount of all other checks outstanding at the time of issuance. A check dishonored for "no account" shall also be deemed to be dishonored for insufficient funds. Issue means making drawing, delivering or passing a check or causing it to be made, drawn, delivered, or passed. Negotiable order of withdrawal or share draft means negotiable or transferable instruments drawn on a negotiable order of withdrawal account or a share draft account, as the case may be, for the purpose of making payments to third persons or otherwise. Negotiable order of withdrawal account means an account in a bank, savings and loan association or industrial bank. Share draft account means an account in a credit union, on which payment of interest or dividends may be made on a deposit with respect to which the bank, savings and loan association or industrial bank or the credit union, as the case may be, may require the depositor to give notice of an intended withdrawal not less than thirty (30) days before the withdrawal is made, although in practice such notice is not required and the depositor is allowed to make withdrawal by negotiable order of withdrawal or share draft. (b) Any person, knowing the person has insufficient funds with the drawee, who, with intent

to defraud, issues a check for the payment of services, wages, salary, commissions, labor, rent, money,

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property or other thing of value, commits fraud by check. This Subsection shall only apply where the fraudulent check was for the sum of less than one thousand dollars ($1,000.00).

(c) Any person having acquired rights with respect to a check which is not paid because the

drawer has insufficient funds shall have standing to file a complaint under this Section, whether or not the person is the payee, holder or bearer of the check.

(d) A bank, savings and loan association, industrial bank or credit union shall not be civilly

or criminally liable for releasing information relating to the drawer's account to a police officer, city attorney or authorized investigator for a city attorney investigating or prosecuting a charge under this Section.

(e) This Section does not relieve the prosecution from the necessity of establishing the

required culpable mental state. However, for purposes of this Section, the issuer's knowledge of insufficient funds is presumed, except in the case of a post-dated check or order, if:

(1) The issuer has no account upon which the check or order is drawn with the bank or other drawee at the time he or she issues the check or order; or (2) The issuer has insufficient funds upon deposit with the bank or other drawee to pay the check or order, on presentation within thirty (30) days after issue.

10-5-110. Public indecency.

It is unlawful to commit public indecency. Any person who performs any of the following in a public place or where the conduct may reasonably be expected to be viewed by members of the public commits public indecency:

(1) An act of sexual intercourse or deviate sexual intercourse; (2) A lewd exposure of the body done with intent to arouse or to satisfy the sexual desire of any person; or (3) A lewd fondling or caress of the body of another person.

10-5-120. Indecent exposure.

It is unlawful for a person to knowingly expose his or her genitals to the view of any person under circumstances in which such conduct is likely to cause affront or alarm to the other person.

10-5-130. Public nudity.

It is unlawful for any person to be nude in any public place, place which is public in nature or place open to the public view. 10-5-140. Urinating in public.

It is unlawful for any person to urinate or defecate in any public way or place which is public in nature or in any place open to the public view.

ARTICLE VI

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Minors 10-6-10. Curfew.

(a) It is unlawful for any child to be or remain upon any street, alley or other public place or on any private property within the City without the express consent of the owner or lawful occupant of such property, between the hours of 11:00 p.m. on one (1) day and 6:00 a.m. on the next day unless such child is accompanied by a parent or unless such child is traveling to or from lawful employment and has on his or her person a written statement from his or her employer specifying the nature of the employment and the hours of employment.

(b) It is unlawful for the parent of any child to permit that child to violate the foregoing subsection. The fact that a child is present in the City in violation of the foregoing Section shall create the presumption that said child is violating the foregoing Section with the consent of his or her parent.

(c) The presence of a child within the City in violation of subsection (b) above shall give the Municipal Court jurisdiction over that child and over the parent of that child who is presumed to be permitting the child to act in violation of Subsection (b) above regardless of the actual physical location of the parent at the time subsection (b) is violated. 10-6-20. Parent or guardian aiding, abetting.

It is unlawful for any person to knowingly permit any minor, or to aid, abet, approve, encourage, allow, permit, tolerate or consent to the violation by any minor of any provision of this Article or any ordinances of the City. 10-6-30. Encouraging delinquency.

It is unlawful for any person, by any act or neglect, to encourage, aid or cause a minor to come within the purview of the juvenile authorities, and it shall likewise be unlawful for any person, after notice that a driver's license of any minor has been suspended or revoked, to permit such minor to operate a motor vehicle during the period that such driver's license is suspended.

10-6-40. False statement; false credentials.

It is unlawful for any person under twenty-one (21) years of age to make false statements, to furnish, present or exhibit any fictitious or false registration card, identification card, note or other document for any unlawful purpose, or to furnish, present or exhibit such document or documents issued to a person other than the one presenting the same for the purpose of gaining admission to prohibited places for the purpose of procuring the sale, gift or delivery of prohibited articles, including beer, liquor, wine or fermented malt beverages as defined in this Chapter.

10-6-50. Services of others.

It is unlawful for any person under the age of twenty-one (21) years to engage or utilize the services of any other person, whether for remuneration or not, to procure any article which the person under the age of twenty-one (21) years is forbidden by law to purchase.

10-6-60. Sale, purchase, and consumption of tobacco. (a) It is unlawful for any person to sell tobacco to any minor within the City.

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(b) It is unlawful for any minor to purchase or accept as a gift tobacco within the City. (c) It is unlawful for any minor to possess, use, or consume tobacco within the City. (d) Any person in charge of or in control of a retail business of any kind, with the

exception of a tobacco business as defined herein, must stock and display tobacco products in the business in a manner so as to make all tobacco products inaccessible to customers without the assistance of a retail clerk, thereby requiring a direct face-to-face exchange of the tobacco product from an employee of the business to the customer; provided, however, that this provision shall not apply to self-service displays of tobacco products that are located in a public place where access by individuals under the age of eighteen (18) is prohibited.

(e) Except in the case of a tobacco business as defined herein, it is unlawful for any person to own, locate, keep, install or maintain a vending machine which dispenses tobacco products in an area open to the public other than areas where access to individuals under the age of eighteen (18) is prohibited or where the vending machine dispenses tobacco products through the operation of a device that enables an adult employee to prevent the dispensing of such products to minors.

(f) For purposes of this Section, a “tobacco business” shall mean a sole proprietorship, corporation, partnership, or other enterprise engaged primarily in the sale, manufacture, or promotion of tobacco, tobacco products, or smoking devices or accessories, either at wholesale or retail and generating more than sixty-five percent (65%) of its gross revenues annually from the sale of tobacco products and tobacco paraphernalia. 10-6-70. Restrictions on tobacco product promotions. It is unlawful for any person to distribute any tobacco product without charge in any public place or at any event open to the public for the purpose of promotion or advertising. No person shall, in any public place or at any event open to the public, distribute any coupon or similar writing which purports to allow the bearer to exchange the same for any tobacco product, either free or at a discount. 10-6-80. Violations.

Violations of this Article shall be punishable in accordance with the provisions of Chapter 1, Article IV of this Code.

ARTICLE VII Alcoholic Beverages and Drugs

10-7-10. Illegal possession or consumption of alcoholic beverages by an underage person.

(a) Any person under twenty-one (21) years of age who possesses or consumes alcohol beverages anywhere in the City commits illegal possession or consumption of alcohol beverages by an underage person. Illegal possession or consumption of alcohol beverages by an underage person is a strict liability offense.

(b) It is an affirmative defense to the offense described in subsection (a) above that the alcohol beverages were possessed or consumed by a person under twenty-one (21) years of age under the following circumstances:

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(1) While such person was legally upon private property with the knowledge and consent of the owner or legal possessor of such private property and the alcohol beverages were possessed or consumed with the consent of his or her parent or legal guardian who was present during such possession or consumption; or (2) When the existence of alcohol beverages in a person's body was due solely to the ingestion of a confectionery which contained alcohol beverages within the limits prescribed by Section 25-5-410(1)(i)(II), C.R.S., or the ingestion of any substance which was manufactured, designed or intended primarily for a purpose other than oral human ingestion, or the ingestion of any substance which was manufactured, designed or intended solely for medicinal or hygienic purposes or solely from the ingestion of a beverage which contained less than one-half of one percent (0.5%) of alcohol beverages by weight.

(c) The possession or consumption of alcohol beverages shall not constitute a violation of

this Section if such possession or consumption takes place for religious purposes protected by the First Amendment to the United States Constitution.

(d) It is unlawful for any person under the age of twenty-one (21) years to represent himself

or herself to be over the age of twenty-one (21) years for the purpose of purchasing within the City any alcohol beverage.

(e) It is unlawful for any person under the age of twenty-one (21) years to attempt to purchase, purchase or obtain, either directly or through an intermediary, any alcohol beverage by misrepresentation or any other means.

(f) It is unlawful to sell alcohol beverages to any person under the age of twenty-one (21) years, or to permit any fermented malt beverage, malt or vinous liquors to be sold or dispensed by a person under eighteen (18) years of age, or spirituous liquors to be sold or dispensed by a person under twenty-one (21) years of age, or to permit any such person to participate in the sale or dispensing thereof.

(g) It is unlawful for any person, whether for remuneration or not, to procure for any person under twenty-one (21) years of age any alcohol beverages.

(h) It is unlawful in any place of business where alcohol beverages are sold and consumed upon the premises, for any person to beg or to solicit any patron or customer of or visitor in such premises to purchase any alcohol beverage for the one begging or soliciting.

(i) Prima facie evidence of a violation of subsection (a) of this Section shall consist of: (1) Evidence that the defendant was under the age of twenty-one (21) years and possessed or consumed alcohol beverages anywhere in this State; or (2) Evidence that the defendant was under the age of twenty-one (21) years and manifested any of the characteristics commonly associated with alcohol beverage intoxication or impairment while present anywhere in this State.

(j) During any trial for a violation of subsection (a) above, any bottle, can or other container

with labeling indicating the contents of such bottle, can or container shall be admissible into evidence, and the information contained on any label on such bottle, can or other container shall not constitute hearsay. A jury or a judge, whichever is appropriate, may consider the information upon such label in determining whether the contents of the bottle, can or other container were composed in whole or in part

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of alcohol beverages. A label which identifies the contents of any bottle, can or other container as "beer," "ale," "malt beverage," "fermented malt beverage," "malt liquor," "wine," "champagne," "whiskey" or "whisky," "gin," "vodka," "tequila," "schnapps," "brandy," "cognac," "liqueur," "cordial," "alcohol" or "liquor" shall constitute prima facie evidence that the contents of the bottle, can or other container were composed in whole or in part of alcohol beverages.

(k) A parent or legal guardian of a person under twenty-one (21) years of age, or any natural person who has the permission of such parent or legal guardian, may give, or permit the possession and consumption of, alcohol beverages to or by a person under the age of twenty-one (21) years under the conditions described in subsection (b)(1) above. This subsection shall not be construed to permit any establishment which is or is required to be licensed pursuant to Article 46, 47 or 48 of Title 12, C.R.S., or any members, employees or occupants of any such establishment to give, provide, make available or sell alcohol beverages to a person under twenty-one (21) years of age. 10-7-20. Sales near schools.

It is unlawful for any person to sell, offer or expose for sale or gift any alcohol beverages within a distance of five hundred (500) feet from any private, public or parochial school, said distance to be computed by direct measurement from the nearest property lines. However, this prohibition shall not affect the rights of any person holding a lawful permit or license to conduct such business within the restricted area hereby established; nor shall this prohibition prevent the renewal, upon the expiration thereof, of any license in effect at such time authorizing such business within the restricted area hereby established.

10-7-30. Possession and consumption of alcohol beverages in certain places.

(a) Possession and consumption in public restricted. It is a misdemeanor for any person to consume any alcohol beverage or to possess any unsealed or open container containing any alcoholic beverage in or on any of the following described places: public ways, sidewalks, streets, alleys, parks or parkways; within or upon any public portion of a building, grounds or real property operated by any governmental entity within the City; or upon any parking lot, public or private, generally open to members of the public. For the purpose of this subsection, an unsealed or open container shall not include a container of vinous liquor that has been resealed pursuant to the provisions of Section 12-47-411(3.5), C.R.S., as amended, and is clearly recognizable to a police officer as a container that has been resealed by the hotel or restaurant license holder.

(b) Alcohol beverage on school grounds. No person shall carry or have any open containers of alcohol beverages on any street, sidewalk, alley or other public place, in any vehicle or on the grounds or in the facilities of any public or private school, college or university except where authorized by the governing authority of such institution.

(c) Drinking in restricted places. No person shall drink any alcohol beverages in or on any of the above enumerated places.

(d) Exemption. The foregoing prohibitions shall not apply to any place duly licensed for the sale of alcohol beverages.

(e) Open container in vehicle. It is a misdemeanor for any person to possess any unsealed or open container containing any alcohol beverage in any vehicle on any public way, sidewalk, street, alley, park or parkway, or upon any parking lot, public or private, generally open to members of the public. For the purpose of this subsection, an unsealed or open container shall not include a container of vinous liquor

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that has been resealed pursuant to the provisions of Section 12-47-411(3.5), C.R.S., and is clearly recognizable to a police officer as a container that has been resealed by the hotel or restaurant license holder.

(f) Evidence of alcohol beverage. In prosecutions for violation of this Section, it shall be prima facie evidence that a beverage or liquid is an alcohol beverage if it is or was contained within a container labeled as an alcohol beverage or it either looks like, smells like or tastes like an alcohol beverage. 10-7-40. Exceptions.

By resolution, the City Council may except a given place and time from the operation of this Article. However, such resolution shall specify the location of the exception and the time limits of the exception. Such exceptions shall not be general in nature. The City Council shall only give such an exception when the person applying for the exception has provided the following to the City: an application on a form to be provided by the City; proof that an application has been made for a special events permit from the Colorado Liquor Licensing Authority; and proof that the applicant has obtained insurance for the event for which the exception is sought, which insurance will cover the event and the sale and consumption of alcohol at the event, will be in an amount for public liability of not less than one million dollars ($1,000,000.00), and which names the applicant and the City as insureds. The City Council may grant the exception upon the condition that members of the Police Department are available to supervise and patrol the event for which the exception is sought; and that the applicant shall pay the City a fee for providing the police officers, based upon the average salary of the Police Department for that year, which fee will be paid in advance based upon the City Council's estimate of the number of police officers and the amount of time for which they will be required.

10-7-50. Interpretation.

(a) Interpretation. For the purposes of this Article, a person within a motor vehicle shall be considered to be on or within the premises on which or within which the motor vehicle is located just as though the person were on or within the premises and there was no motor vehicle present.

(b) Prima facie evidence. In prosecutions for violation of this Article, it shall be prima facie

evidence that a beverage or liquid is an alcohol beverage if it is or was contained within a container labeled as an alcohol beverage or it either looks like, smells like or tastes like an alcohol beverage. 10-7-60. Possession of drug paraphernalia.

(a) A person commits possession of drug paraphernalia if he or she possesses drug paraphernalia and intends to use the drug paraphernalia under circumstances in violation of state law.

(b) Any person who commits possession of drug paraphernalia commits a Class 2 petty offense. 10-7-70. Possession of cannabis.

(a) For the purposes of this Section, the term cannabis shall include all parts of the plant Cannabis sativa L., whether growing or not; the seed thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt derivative, mixture or preparation of such plant, its seeds or resin; but shall not include the mature stalks of such plant, fiber produced from its stalks, oil or cake, or the sterilized seed of such plant, which is incapable of germination. The term cannabis concentrate means

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hashish, tetrahydrocannabinols or any alkaloid, salt derivative, preparation, compound or mixture, whether natural or synthesized, of tetrahydrocannabinols.

(b) It is unlawful to possess one (1) ounce or less of cannabis or cannabis concentrate, and upon conviction thereof, or plea of guilty or no contest thereto, punishment shall not be by imprisonment, but shall be by a penalty assessment of not more than one hundred dollars ($100.00).

(c) It is unlawful openly and publicly to display or consume one (1) ounce or less of cannabis concentrate, and upon conviction thereof, or a plea of guilty or no contest thereto, punishment shall be as set out in Chapter 1, Article IV of this Code.

(d) The provisions of this Section shall not apply to any person who possesses or uses cannabis or cannabis concentrate pursuant to the Dangerous Drugs Therapeutic Research Act. 10-7-80. Abusing toxic vapors.

(a) As used in this Section, the term toxic vapors means the following substances or products containing such substances: alcohols, including methyl, isopropyl, propyl or butyl; aliphatic acetates, including ethyl, methyl, propyl or methyl cellosolve acetate; acetone; benzene; carbon tetrachloride; cyclohexane; Freons, including Freon 11 and Freon 12; hexane; methyl ethyl ketone; methyl isobutyl ketone; naphtha; perchlorethylene; toluene; trichloroethane or xylene.

(b) No person shall knowingly smell or inhale the fumes of toxic vapors for the purpose of causing a condition of euphoria, excitement, exhilaration, stupefaction or dulled senses of the nervous system. No person shall knowingly possess, buy or use any such substance for the purposes described in this Section. This subsection shall not apply to the inhalation of anesthesia for medical or dental purposes.

(c) It is unlawful for any person knowingly to sell, offer for sale, deliver or give away to any other person any substance or product releasing toxic vapors, where the seller, offeror or deliverer knows or has reason to believe that such substance will be used for the purpose of inducing a condition of euphoria, excitement, exhilaration, stupefaction or dulled senses of the nervous system.

(d) In a prosecution for a violation of this Section, evidence that a container lists one (1) or more of the substances described in subsection (a) above as one (1) of its ingredients shall be prima facie evidence that the substance in such container contains toxic vapors and emits the fumes thereof.

ARTICLE VIII

Weapons 10-8-10. Definitions.

(a) As used in this Article, unless the context otherwise requires, the following definitions shall apply:

Ballistic knife means any knife that has a blade which is forcefully projected from the handle by means of a spring-loaded device or explosive charge. Blackjack includes any billy, sand club, sandbag or other hand-operated striking weapon consisting, at the striking end, of an encased piece of lead or other heavy substance and, at the handle end, a strap or springy shaft which increases the force of impact.

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Bomb means any explosive or incendiary device or Molotov cocktail as defined in Section 9-7-103, C.R.S., as amended, or any chemical device which causes or can cause an explosion, which is not specifically designed for lawful and legitimate use in the hands of its possessor. Firearm silencer means any instrument, attachment, weapon or appliance for causing the firing of any gun, revolver, pistol or other firearm to be silent or intended to lessen or muffle the noise of the firing of any such weapon. Gas gun means a device designed for projecting gas-filled projectiles which release their contents after having been projected from the device and includes projectiles designed for use in such device. Gravity knife means any knife that has a blade released from the handle or sheath thereof by the force of gravity or the application of centrifugal force that, when released, is locked in place by means of a button, spring, lever or other device. Handgun means a pistol, revolver or other firearm of any description, loaded or unloaded, from which any shot, bullet or other missile can be discharged, the length of the barrel of which, not including any revolving, detachable or magazine breech, does not exceed twelve (12) inches. Knife means any dagger, dirk, knife or stiletto with a blade over three and one-half (3½) inches in length, or any other dangerous instrument capable of inflicting cutting, stabbing or tearing wounds; but does not include a hunting or fishing knife carried for sports use. The issue that a knife is a hunting or fishing knife must be raised as an affirmative defense. Machine gun means any firearm, whatever its size and usual designation, that shoots automatically more than one (1) shot, without manual reloading, by a single function of the trigger. Nunchaku means an instrument consisting of two (2) sticks, clubs, bars or rods to be used as handles, connected by a rope, cord, wire or chain which is in the design of a weapon used in connection with the practice of a system of self-defense. Short rifle means a rifle having a barrel less than sixteen (16) inches long or an overall length of less than twenty-six (26) inches. Short shotgun means a shotgun having a barrel or barrels less than eighteen (18) inches long or an overall length of less than twenty-six (26) inches. Stun gun means a device capable of temporarily immobilizing a person by the infliction of an electrical charge. Switchblade knife means any knife the blade of which opens automatically by hand pressure applied to a button, spring or other device in its handle. Throwing star means a disk having sharp radiating points or any disk-shaped bladed object which is handheld and thrown and which is in the design of a weapon used in connection with the practice of a system of self-defense.

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(b) It is an affirmative defense to any provision of this Article, that the act was committed by a police officer in the lawful discharge of his or her duties.

10-8-20. Carrying concealed weapon; forfeiture.

(a) It is unlawful for any person to wear under his or her clothes or concealed about his or her person, or to display in a threatening manner any dangerous or deadly weapon, including but not limited to any pistol, revolver, metallic knuckles, Bowie knife, dirk, dagger or knife resembling a Bowie knife, or any other dangerous or deadly weapon.

(b) It shall be an affirmative defense that the defendant was:

(1) A person in his or her own dwelling or place of business or on property owned by him or her or under his or her control at the time of the act of carrying;

(2) A person who, prior to the time of carrying a concealed weapon, has been issued a valid written permit pursuant to Title 18, Article 12, C.R.S. to carry the weapon and was carrying the weapon in accordance with all applicable state, federal, and local laws, regulations, and permit conditions;

(3) A person was within a private automobile or other private means of conveyance, for the lawful protection of his or her person or property or another’s person or property while traveling.

(c) It is unlawful for any person to sell, offer to sell, display, use, possess or carry any knife or knives having the appearance of a pocket knife the blade or blades of which can be opened by a flick of a button, pressure on the handle or other mechanical contrivance. Any such knife is hereby declared to be a dangerous or deadly weapon within the meaning of Subsection (a) above, and shall be subject to forfeiture to the City as provided in Subsection (d) below.

(d) Every person convicted of any violation of this Section shall forfeit to the City such dangerous or deadly weapon so concealed or displayed.

(e) Nothing in this Section shall be construed to forbid United States Marshals, sheriffs, constables and their deputies and any regular, special or ex officio police officer or any other law enforcement officer from carrying or wearing, while on duty, such weapons as shall be necessary in the proper discharge of their duties.

10-8-30. Disposition of confiscated concealed weapons.

It is the duty of every police officer, upon making any arrest and taking such a concealed weapon from the person of the offender, to deliver the weapon to the Municipal Judge, to be held by him or her until the final determination of the prosecution for said offense, and upon the finding of guilt, it shall then be the duty of the Municipal Judge to deliver said weapon forthwith to the Chief of Police, who shall make disposition of the weapon. 10-8-40. Prohibited use of weapons.

(a) It is illegal for a person to commit any of the following: (1) To knowingly and unlawfully aim a firearm at another person.

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(2) To recklessly or with criminal negligence discharge any firearm or any device utilizing a chemical explosion or shoot a bow and arrow within the City limits. (3) To knowingly set a loaded gun, trap or device designed to cause an explosion upon being tripped or approached, and leave it unattended by a competent person immediately present. (4) To have in his or her possession a firearm while he or she is under the influence of intoxicating liquor or of a controlled substance. Possession of a permit issued under Section 18-12-105.1, C.R.S., as amended, is no defense to a violation of this Section (5) To knowingly aim, swing or throw a throwing star or nunchaku at another person, or knowingly possess a throwing star or nunchaku in a public place except for the purpose of presenting an authorized public demonstration or exhibition or pursuant to instruction in conjunction with an organized school or class. When throwing stars or nunchaku are being transported for a public demonstration or exhibition or for a school or class, they shall be transported in a closed, nonaccessible container.

(b) Nothing contained in this Section shall prevent the use of any such instruments in

shooting galleries or in any private grounds or residences under circumstances when such instrument can be fired, discharged or operated in such a manner as not to endanger persons or property and also in such manner as to prevent the projectile from traversing any grounds or space outside the limits of such gallery, grounds or residence; and further provided that nothing herein contained shall be construed to prevent the carrying of any type of gun whatsoever, when unloaded and properly cased, to or from any range or gallery.

(c) Nothing contained in this Section shall prevent the use of any such instruments by any

police officer as shall be necessary in the proper discharge of his or her duties. 10-8-50. Selling weapons to intoxicated persons.

(a) It is unlawful for any person to purchase, sell, loan or furnish any gun, pistol or other firearm in which any explosive substance can be used, to any person under the influence of alcohol or any narcotic drug, stimulant or depressant, to any person in a condition of agitation and excitability, or to any minor under the age of eighteen (18) years.

(b) Such unlawful purchase, sale, loan or furnishing shall be grounds for revocation of any license issued by the City to such person.

ARTICLE IX Noise Control

10-9-10. Purpose.

This Article is enacted to protect, preserve and promote the health, safety, welfare, peace and quiet of the citizens of the City through the reduction, control and prevention of noise. It is the intent of this Article to establish standards that will eliminate and reduce unnecessary and excessive noise which is physically harmful and otherwise detrimental to individuals and the community in the enjoyment of life, property and the conduct of business. 10-9-20. Definitions.

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The following words and phrases, when used in this Article, shall have the meanings respectively ascribed to them:

Ambient sound level means the A-weighted sound level of all sound associated with a given environment, exceeded ninety percent (90%) of the time (L90), measured and being a composite of sounds from many sources during the period of observation while the sound from the noise source of interest is not present. Amplified sound means any sound produced by any means, the volume of which is amplified or increased through electronic or electromechanical means. A-weighted sound pressure level means the sound pressure level as measured with a sound level meter using the A-weighting network. The standard notation is dB(A). Commercial power equipment means any equipment or device rated at more than five (5) horsepower and used for building repairs or property maintenance, excluding snow removal and lawn care equipment. Commercial premises means any developed parcel or premises where less than fifty percent (50%) of the total gross floor area of all buildings on the premises meets and satisfies the definition of residential premises as set forth below. Construction equipment means any device or mechanical apparatus operated by fuel, electric or pneumatic power in the excavation, construction, repair, maintenance or demolition of any building, structure, lot, parcel, street, alley, waterway or appurtenance thereto. Decibel means a logarithmic unit of measure often used in measuring magnitude of sound. The symbol is dB. Domestic power equipment means any equipment or device rated at five (5) horsepower or less and used for building repairs or grounds maintenance, excluding snow removal, tree maintenance and lawn care equipment. Emergency power generator means the equipment used to generate electrical power in the event of an interruption, malfunction or failure of the electrical power supplied by a service provider. Emergency vehicle means an authorized motor vehicle that has sound warning devices such as whistles, sirens and bells which can lawfully be used when responding to an emergency or police activity, or which is required by state or federal regulations. Emergency work means an activity made necessary to restore property to a safe condition following a severe weather incident, natural disaster or public calamity, or work required to protect persons or property from injury or exposure to imminent danger. It includes work by private or public entities for immediately providing or restoring necessary utility service, as well as all situations deemed necessary by the City. Industrial premises means any premises where manufacturing, processing or fabrication of goods or products takes place. Lawn care equipment means equipment used to cut, vacuum or sweep grass, blow away lawn clippings or leaf debris, or aerate turf.

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Motor vehicle means any vehicle which is self-propelled and used for transporting persons or property upon public roadways, inclusive of motorcycles. The term motor vehicle shall not include: aircraft, watercraft, mechanical street sweepers, self-propelled construction equipment, motor vehicles operated exclusively on private property for recreational or amusement purposes, vehicles used exclusively on stationary rails, or specialized utility vehicles normally used only on private property in the daily course of business, such as forklifts and pallet movers. Muffler-approved exhaust type means an apparatus which consists of a series of chambers, baffle plates or other mechanical devices designed for the purpose of receiving and transmitting exhaust gases and which reduces sound emanating from such an apparatus by at least twenty (20) decibels in the A-weighting network dB(A) from the nonmuffled condition. Noise means sound that is unwanted and which causes or tends to cause annoyance and/or adverse psychological or physiological effects on human beings, or disturbs the peace and quiet of persons on a receptor premises. Premises means any building, structure, land, utility or portion thereof, including all appurtenances, and also includes yards, lots, courts, inner yards and properties without buildings or improvements owned or controlled by a person. Property line means that real or imaginary line and its vertical or horizontal extension which separates real property owned or controlled by any person from contiguous real property owned or controlled by another person, inclusive of the lines that separate units in a multiple-unit building. Public premises means all real property, including appurtenances thereon, which is owned or controlled by any governmental entity, and includes streets, alleys, sidewalks, parks and waterways. Receptor premises means a premises (residential, commercial, industrial or public) as listed in Table 10-A below which is receiving noise emitted from a source premises after crossing one (1) or more property lines. Residential premises means any lot, parcel or premises where single-family, two-family or multiple-dwelling units exist, and shall also include schools, churches, nursing homes, long-term care and similar institutional facilities where the use of more than fifty percent (50%) of the gross floor area of the subject premises satisfies and meets this definition. Snow removal equipment means any equipment used for removing snow from land or building surfaces and includes snowplows, snowblowers, snow sweepers and snow shovels. Sound means an oscillation in pressure, stress, particle displacement and particle velocity which induces auditory sensation. Sound level meter means an apparatus or instrument, including a microphone, amplifier, attenuator, output meter and frequency weighting networks, for the measurement of sound levels. The sound level meter shall be of a design and have the characteristics of a Type 2 or better instrument as established by the American National Standards Institute, Publication S1.4-1971, entitled Specification for Sound Level Meters, or its current successor publication.

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Sound pressure level means twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of a sound to the reference pressure of twenty (20) micronewtons per square meter (20 x 106 Newtons/meter2), and is expressed in decibels (dB). Source premises means a premises (residential, commercial, industrial or public) as listed in Table 10-A that is emitting noise that is crossing one (1) or more property lines and impacting the receptor premises. Tree maintenance equipment means any equipment used in trimming or removing trees only, and shall not be limited to chainsaws, chippers and stump removers.

10-9-30. Prohibitions.

(a) It is unlawful for any person to use, keep, have in his or her possession or harbor any domesticated animals which, by frequent or habitual howling, barking, meowing, squawking or otherwise, shall cause annoyance or disturbance to persons in the neighborhood; provided, however, that the provisions of this Section shall not apply to hospitals licensed for the treatment of small animals.

(b) It is unlawful for any person to carry or use upon a vehicle, other than Police or Fire Department vehicles or emergency vehicles for public use, any gong, siren, whistle or red light similar to that used on ambulances or vehicles of the Police and Fire Departments.

(c) It is unlawful for any person to emit or cause to be emitted any noise which leaves the

premises on which it originates, inclusive of a public premises, crosses a property line and enters onto any other premises in excess of the sound pressure levels during the time periods as specified in Table 10-A below. In determining whether a violation of this Section is occurring, the noise and/or noise source shall be measured at any point along the property line or within the property line of the receiving or receptor premises.

(d) When in any case it is determined that the ambient sound level at the receiving premises

equals or exceeds the maximum allowable sound pressure level specified in Table 10-A, the ambient sound level of the receiving premises is the standard which cannot be exceeded by the subject or offending noise. TABLE 10-A Maximum Allowable Noise Levels (in dBA) with Time-of-Day Allowance Receptor Premises Residential Commercial Industrial Public Source Premises 7 am-10 pm 10 pm-7 am 7 am-10 pm 10 pm-7 am 7 am-10 pm 10 pm-7 am 7 am-10 pm 10 pm-7 am Residential 55 50 65 60 80 75 75 70 Commercial 55 [60] 50 [60] 65 60 80 75 75 70 Industrial 55 [65] 50 [65] 65 60 80 75 75 70 Public 55 [60] 55 [60] 65 60 80 75 75 70 NOTE: The numbers in brackets [ ] are the allowable limits that comply with Exemption (13) below. 10-9-40. Exemptions.

Notwithstanding the provisions of Section 10-9-30 above, the maximum allowable sound pressure levels as set forth in Table 10-A above shall not apply to sounds emitted from:

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(1) Any bell or chime from any building clock, school or church, but excluding any amplified bell or chime sounds emitted from loudspeakers. (2) Any siren, whistle, bell or audible warning device lawfully used by an emergency vehicle or on construction equipment, or any other alarm system used in case of fire, collision, civil defense, police activity or imminent danger; provided, however, that burglar alarms or construction equipment alarms or warning devices not terminated within fifteen (15) minutes after being activated shall be deemed a nuisance and unlawful. (3) Any aircraft in flight subject to federal law regarding noise control, and any helicopter in the act of landing or taking off at a helipad licensed by the City, so long as the helicopter is not landing or taking off in violation of any conditions or restrictions of the helipad's license. (4) Any ground-based aircraft activity, including testing or engine run-up noise; provided, however, that emission of such noise in excess of a sound pressure level of seventy (70) dB(A) when measured upon an inhabited residential premises shall be deemed an unlawful nuisance. (5) Any tree maintenance or lawn care equipment operated upon a residential, commercial, industrial or public premises during the time period between 7:00 a.m. and 9:30 p.m.; provided, however, that the operation of tree maintenance or lawn care equipment between the hours of 9:30 p.m. and 7:00 a.m. shall not exceed the maximum sound pressure levels as specified in Table 10-A above. (6) Any construction equipment or activities in compliance with Section 10-9-50(3) below. (7) Any domestic power equipment operated upon any residential, commercial, industrial or public premises between 7:00 a.m. and 9:30 p.m.; provided that such equipment does not exceed a sound pressure level of eighty (80) dB(A) when measured twenty-five (25) feet from the property line of the property on which the equipment is being operated; and further provided that, between the hours of 9:30 p.m. and 7:00 a.m., such equipment does not exceed the maximum sound pressure levels as specified in Table 10-A above. (8) Any commercial power equipment operated upon any residential, commercial, industrial or public premises between 7:00 a.m. and 9:30 p.m., provided that such equipment does not exceed a sound pressure level of eighty-eight (88) dB(A) when measured twenty-five (25) feet from the property line of the property on which the equipment is being operated; and further provided that between 9:30 p.m. and 7:00 a.m., such equipment does not exceed the maximum sound pressure levels as specified in Table 10-A above. (9) The musical instruments of any school marching band while performing at any sporting event or marching band competition, and the musical instruments of any school marching band practicing on school grounds that do not exceed sixty-five (65) dB(A) when measured at the property line of any receiving residential premises. (10) Snow removal equipment operated on any premises following a snowstorm between the hours of 5:00 a.m. and 10:00 p.m.; provided that such equipment does not exceed the sound pressure limits of eighty-eight (88) dB(A) commercial power equipment, or eighty (80) dB(A) for domestic power equipment, when measured at a distance of twenty-five (25) feet from the property line of the property on which the equipment is being operated.

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(11) Any power generator providing emergency electrical power at any hospital, health clinic, nursing home or similar facility where the loss of electrical power poses an immediate risk to the health, safety or welfare of any person, or at any premises where such equipment is required by the Fire Department. Additionally, the noise emitted during the routine testing of emergency electrical power generators shall not exceed eighty-eight (88) dB(A) at a distance of twenty-five (25) feet from the property line for the property on which the generator is operated. Routine testing shall not exceed one (1) hour in any one-week period, or two (2) hours in any six-week period, and shall be confined to the hours of 10:00 a.m. to 4:00 p.m., or as otherwise approved. (12) Any industrial, commercial or public premises exceeding the standards of Table 10-A above at a receiving residential premises when the zoning classification for the receiving residential premises does not allow residential use by right (that is, the residential use is nonconforming). However, in such situation the noise emitted by the industrial, commercial or public premises shall not exceed the standards for a receiving industrial, commercial or public premises, respectively. (13) Any industrial, commercial or public premises exceeding the standards of Table 10-A above at a receiving residential premises when such industrial, commercial or public premises and their emitted noise level were in existence prior to the existence of the residential premises; provided, however, that the existing industrial premises does not exceed sixty-five (65) dB(A), and the commercial premises do not exceed sixty (60) dB(A), when measured at the receiving residential premises. (14) Any noise specifically authorized by permit duly issued by the City, inclusive of a parade permit, and noise created or caused by employees, contractors or agents of the City while performing emergency work or activities necessary to address a natural or manmade disaster, calamity or emergency.

10-9-50. Prohibited noise activities.

Notwithstanding the sound pressure levels and/or limits permitted in Section 10-9-30 above, the following activities are prohibited everywhere in the City:

(1) No person shall at any time sound any horn or other audible signal device of a motor vehicle unless it is necessary as a warning to prevent or avoid a traffic accident, or is reasonably necessary to inform or warn of a vehicle presence, inclusive of audible back-up safety warning devices. (2) No person shall operate any trash compacting mechanism on any motor vehicle or on any premises, nor shall any person engage in any trash, rubbish or garbage collection activity, between the hours of 10:00 p.m. and 6:30 a.m. when such compacting or collection activity takes place on any premises, other than a public premises, adjacent to, or across the street or alley from, a residential premises. (3) No person shall operate any construction equipment, nor conduct any construction activities, that exceeds the noise limits of Table 10-A above between the hours of 9:00 p.m. and 7:00 a.m.; provided, however, that the City may grant variances from the construction restrictions if it can be demonstrated that a construction project will interfere with traffic if completed during daytime hours, or that other extenuating circumstances exist requiring relief from this prohibition; and further excepting the operation of municipal street sweeping equipment.

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(4) Except for an authorized public address system utilized to announce a sporting or recreational event, no noise shall be emitted from any radio, tape/CD player, electronic sound system or similar electronic amplified sound reproduction or receiving device on or within any public park or recreational area in excess of fifty-five (55) dB(A) unless authorized under a permit as obtained under Section 10-9-90 below.

10-9-60. Motor vehicle noise prohibited.

(a) No person shall operate, nor shall the owner permit the operation of, any motor vehicle or combination of motor vehicles at any time or place when such operation exceeds the following noise sound pressure levels for the category of motor vehicles as specified in Table 10-B below. The standards in Table 10-B shall apply to all noise emitted from a motor vehicle, including any and all equipment thereon, and under any condition of acceleration, deceleration, idle, grade or load, and whether or not in motion; excepting audible backup safety warning devices.

(b) It is unlawful for any person to drive or move, or for the owner of any motor vehicle to permit to be driven or moved, any motor vehicle which is not equipped with an approved exhaust muffler satisfying the requirements of this Section; and/or to modify or change an approved exhaust muffler, air intake muffler or any other sound-reducing device in such a manner that the noise emitted from the motor vehicle exceeds the sound pressure levels as established in Table 10-B below, or is increased above the sound pressure level of the vehicle as originally manufactured. Muffler cutouts, bypasses or other devices which increase sound pressure levels or change the original manufactured exhaust system of any motor vehicle shall be considered a violation of this Article. TABLE 10-B Maximum Allowable Noise Sound Pressure Levels for Motor Vehicles Type of Vehicle Time Period Maximum Allowable Sound Pressure Level Measurement Distance from Motor Vehicle Motor vehicles weighing less than 10,000 lbs., manufacturer's gross vehicle weight (GVWR) At any time 80 dB(A) 25 feet Motor vehicles weighing 10,000 lbs. or more, manufacturer's gross vehicle weight (GVWR) At any time 86 dB(A) 25 feet 10-9-70. Sound level measurements.

Sound level measurements made pursuant to this Article shall be made with a sound level meter of standard design using the weighting network/scale. 10-9-80. Sound permits.

(a) A permit to vary or temporarily waive the maximum allowable noise levels as specified in this Article may be applied for and obtained from the City for special events or activities, including, without limitation, musical performances or other entertainment events, fireworks displays, parades and seasonal commercial activities. Applications for a permit shall be made on approved forms and be submitted along with any application fee to the City Clerk not less than five (5) working days prior to the date for which the permit is sought. The application shall be promptly routed by the City Clerk to the City's zoning and police officials, who shall forward their comments concerning the same to the City Administrator.

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(b) The City Administrator may grant or deny a permit application taking into consideration the nature and duration of the noise/activity sought to be permitted, the location of the proposed noise/activity, the anticipated impact of the proposed noise/activity on surrounding properties and neighborhoods, and whether the public health and safety will be injured or served by the issuance of the permit. The City Administrator may also waive the permit application deadline set forth in subsection (a) above for good cause shown.

(c) The City Administrator may conduct a public hearing to consider a permit application if he or she deems it necessary or appropriate. Notice of the hearing must be sent to the permit applicant at least three (3) days in advance thereof by either telephone, facsimile, electronic mail, regular mail or such other method as will likely and timely reach the applicant. Notice to the public of the hearing shall be timely posted at the place or location annually designated by the City Council under Section 24-6-402(2)(c), C.R.S., as amended.

(d) The City Administrator may prescribe such permit conditions or requirements as he or she may deem necessary to minimize the adverse impacts the proposed noise/activity may have upon the community or surrounding neighborhood, including, but not limited to, the hours of operation, maximum decibels, the type of any sound amplification equipment and the type of sound that may be amplified. A permit granted by the City Administrator under this Article shall contain all conditions upon which the permit has been granted and shall specify the locations and times that the permit shall be effective.

(e) An applicant dissatisfied with a decision of the City Administrator may seek an appeal of the same to the City Council by submitting a written notice of appeal to the City Clerk within five (5) days from the date of the decision sought to be appealed.

10-9-90. Inspections.

(a) For the purpose of determining compliance with the provisions of this Article, the Chief of Police or other designated City representative shall be authorized to make inspections of all noise sources and to take measurements and tests whenever necessary to determine the volume and character of noise. If any person refuses or restricts entry and free access to any part of a premise, or refuses to allow the inspection, testing or noise measurement of any activity, device, facility or motor vehicle where inspection is sought, the City official seeking such access and/or testing may petition the Municipal Court for a warrant for inspection requiring that such person permit entry and free access to the subject premises without interference, restriction or obstruction at a reasonable time for the purpose of inspecting, testing or measuring noise. The Municipal Court shall have power, jurisdiction and authority to enforce all orders issued under the provisions of this Article.

(b) It is unlawful for any person to refuse to allow or permit City officials charged with

enforcing this Article free access to any premises when such official is acting in compliance with a warrant or court order issued by the Municipal Court.

(c) It is unlawful for any person to violate the provisions of any warrant or court order

requiring inspection, testing or measurement of noise or noise sources. (d) No person shall hinder, obstruct, delay, resist, prevent in any way, interfere or attempt to

interfere with any City official performing his or her duties under this Article.

10-9-100. Penalties.

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Violations of this Article shall be punishable in accordance with the provisions of Chapter 1, Article IV of this Code. Additionally, violations of this Article are hereby deemed and declared to be public nuisances and may be abated by injunction or such other remedy as provided by law or equity.

ARTICLE X

Miscellaneous Offenses 10-10-10. Fireworks.

It is unlawful for any person to offer for sale, expose for sale, sell, lend, give away, set fire to, discharge, use, explode or have in his or her possession with intent to offer for sale or use or to explode, any fireworks within the City. Commercial fireworks displays meeting the regulations of the adopted fire code are permitted. As used in this Section, fireworks means any article, device or substance prepared for the primary purpose of producing a visual or auditory sensation by combustion, explosion, deflagration or detonation, including without limitation, the following articles and devices commonly known and used as fireworks: toy cannons or toy canes in which explosives are used; blank cartridges; the type of balloon which requires fire underneath to propel the same; firecrackers, torpedoes, sky rockets, rockets, Roman candles, Day-Glo bombs or torches; or other fireworks of light construction and any fireworks containing any explosive or flammable compound or any tablet or other device containing any explosive substance. Fireworks does not mean toy paper caps which do not contain more than twenty-five hundredths (.25) of a gram of explosive compound per cap; sparklers, trick matches, cigarette loads, trick noisemakers, toy smoke devices or novelty auto alarms; or highway flares, railway fuses, ship distress signals, smoke candles and other emergency signal devices. 10-10-20. Posting handbills, posters and placards.

Any bill, poster, placard or advertisement of any description upon any public or private house, store or other building or tenement, or upon any fence, sidewalk power pole, telephone pole or other structure without permission from the owner or occupant thereof shall be deemed a nuisance and may be abated as provided in this Chapter. 10-10-30. Water on public ways. It is unlawful for any person owning or controlling any hydrant, a line of hose therefrom, or any sprinkling or spraying device to permit water to flow or be thrown therefrom onto any sidewalk, street or alley.

ARTICLE XI Smoking in Public Places

10-11-10. Legislative declaration. The City of Salida hereby finds and determines that it is in the best interest of the people of this City to protect nonsmokers from involuntary exposure to environmental tobacco and marijuana smoke in City parks and trails and buildings owned by the City. The City further finds and determines that a balance should be struck between the health concerns of non-consumers of tobacco and marijuana products and the need to minimize unwarranted governmental intrusion into, and regulation of, private spheres of conduct and choice with respect to the use or nonuse of tobacco and marijuana products in certain designated public areas. Therefore, the City hereby declares that the purpose of this Article is to preserve and improve the health, comfort and environment of the people of this City by limiting exposure to tobacco and marijuana smoke.

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10-11-20. Definitions

As used in this Article, the following words and phrases are defined as follows: Marijuana shall have the same meaning as set forth in Section 6-3-10 of the Salida Municipal Code. Public Area means City parks and City trails and any building owned or operated by the City except the Steam Plant. Smoking means the burning of a lighted cigarette, cigar, pipe, or any other matter or substance that contains tobacco or marijuana. Tobacco means cigarettes, cigars, cheroots, stogies, and periques; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff and snuff flour; cavendish; plug and twist tobacco; fine-cut and other chewing tobacco; shorts, refuse scraps, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of tobacco, prepared in such manner as to be suitable for chewing or for smoking in a cigarette, pipe, or otherwise, or both for chewing and smoking. Tobacco also includes cloves and any other plant matter or product that is packaged for smoking. 10-11-30. General Smoking Restrictions. Smoking shall be prohibited in Public Areas as defined in Section 10-11-20.

  10-11-40. Optional Prohibitions.

The owner or manager of any business may post signs prohibiting smoking or providing smoking and nonsmoking areas. Such posting shall have the effect of including such place, or the designated nonsmoking portion thereof, in the places where smoking is prohibited or restricted pursuant to this Article. 10-11-50. Unlawful Acts – penalty – disposition of fines and surcharges. (a) It is unlawful for a person to smoke in an area where smoking is prohibited pursuant to this Article. (b) A person who violates this Section, upon conviction thereof, shall be punished by a fine only pursuant to Section 1-4-20 of the Salida Municipal Code.

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CHAPTER 11

Streets, Sidewalks and Public Property

Article I General Provisions Sec. 11-1-10 Definitions Sec. 11-1-20 Maintenance of streets and parkways Sec. 11-1-30 Obstructing public ways

Article II Sidewalks and Curbcuts Sec. 11-2-10 Removal of snow and ice

Article III Construction and Excavations Sec. 11-3-10 Construction standards Sec. 11-3-20 Excavation permit required Sec. 11-3-30 Permit fee Sec. 11-3-40 Issuance of permits Sec. 11-3-50 Permit conditions Sec. 11-3-60 Barricades and signage Sec. 11-3-70 Interference with safety devices Sec. 11-3-80 Cuts; disposal of excess material Sec. 11-3-90 Backfilling, compaction and materials Sec. 11-3-100 Responsibility for repair Sec. 11-3-110 Pavement or surfacing replacement Sec. 11-3-120 Backfilling under paved or hard-surfaced streets Sec. 11-3-130 Obstruction of excavations prohibited Sec. 11-3-140 Liability Sec. 11-3-150 Furnishing of information Sec. 11-3-160 Violations and remedies

Article IV Encroachments Sec. 11-4-10 Uses prohibited without encroachment permit Sec. 11-4-20 Encroachment permit required Sec. 11-4-30 Mandatory insurance Sec. 11-4-40 Indemnification Sec. 11-4-50 Ramps in downtown area Article V Trees Sec. 11-5-10 Trees regulation generally Sec. 11-5-20 Trees and limbs in public right-of-way Sec. 11-5-30 Tree care responsibilities Sec. 11-5-40 Interference with City or Tree Board Sec. 11-5-50 Violation Article VI Parks and Recreation Sec. 11-6-10 Private use of City parks Sec. 11-6-20 Camping overnight Sec. 11-6-30 Marvin Park Sec. 11-6-40 Salida Hot Springs Aquatic Center Sec. 11-6-50 Skateboard Park Sec. 11-6-60 City parks closed during nighttime hours Sec. 11-6-70 Prohibited acts and conditions Article VII SteamPlant Event Center and Scout Hut Sec. 11-7-10 General Provisions Sec. 11-7-20 Rules and regulations Sec. 11-7-30 Scout Hut

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CHAPTER 11 STREETS, SIDEWALKS AND PUBLIC PROPERTY

 Article I

General Provisions  11-1-10. Definitions. The following definitions shall apply to this Chapter:

Camp overnight means to sleep overnight, or to make preparations to sleep overnight, either within a shelter or without shelter.

Meeting means any prearranged or organized gathering of more than fifteen (15) people and includes audiences, rallies or participants in a sporting event. Park means and refers to any park, playground, recreation facility, or any other open space area owned, leased, or under the control of the City, whether located within or without the corporate boundary limits of the city, which is devoted to recreation and leisure-time use by the public Park trees means trees, shrubs, bushes and all other woody vegetation in City parks and all other areas owned by the City, or to which the public has free access as a park. Parkway means that portion of the public right-of-way between the normal line of curb face and private property on either side of the street, or between the portion of the right-of-way used for vehicular traffic if there is no gutter and private property on either side of the street. Performance means any theatrical production, musical presentation or other event designed to attract an audience. Private trees means trees, shrubs, bushes and all other woody vegetation within the City. Salida Hot Springs Aquatic Center refers to the Salida Hot Springs Aquatic Center complex in Centennial Park, and includes Salida Hot Springs Aquatic Center and everything located within the swimming pool building, including but not limited to foyers, pools, soaking pools, hallways, decks, locker rooms, stores and offices, and includes sunbathing decks and other open air spaces which are only accessible to the general public from the swimming pool building.

Specifications means the public works construction standards for public ways, rights-of way, streets, and alleys in the City entitled City of Salida Construction Standards and Specifications, adopted by the City Council, as may be amended from time to time. Street means that portion of the public right-of-way extending from the normal line of curb face on one (1) side to the normal line of curb face on the other side or which is used for vehicular traffic. Street trees means trees, shrubs, bushes and all other woody vegetation on parkways adjacent to public streets or alleys

11-1-20. Maintenance of streets and parkways.

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(a) Maintenance of streets. The street area of public rights-of-way shall be designated by the Public Works Director. Curbs and gutters shall also be maintained by the City.

(b) Maintenance of parkways. (1) Maintaining parkways in a presentable and safe condition is the responsibility of each property owner whose property fronts on that particular public right-of-way, commonly designated as a street. Each property owner is responsible for so much of the parkway as is directly adjacent to his or her property. (2) Installation of any improvements in the parkway including landscaping, concrete, rocks, pavers, or other material is subject to approval by the Public Works Director. (3) After a sidewalk is constructed within a parkway, it shall be maintained in a safe and usable condition by the respective property owners whose properties front along the parkway; each property owner being responsible for so much of the sidewalk as is directly adjacent to his or her property.

(c) Procedure upon failure to maintain parkway. In the event that any property owner who is

responsible for maintaining any sidewalk, curb or parkway fails to maintain the same in a safe and usable condition, to cut weeds, to remove foliage or improvements obstructing the public way, or to remove improvements or plants in the parkway when directed to do so by the Public Works Director, the Public Works Director may use the following procedure:

(1) The Public Works Director or the City Clerk shall send a notice to the owner of the property fronting along the parkway, which notice shall describe the action which must be taken to correct the condition along the parkway or street; shall notify the property owner that, if the action is not taken within fifteen (15) days, the City will take that action and will bill the property owner, and that said bill, if unpaid, shall become a tax against his or her property. The notice shall be sent certified mail, return receipt requested. In the event that the notice cannot be delivered by the post office or its delivery is refused, the notice may be published once a week, three (3) times, in a newspaper in general circulation in the City. The notice shall be deemed delivered on the date shown on the return receipt or five (5) days after the last day it is published. (2) If the conditions specified in the notice are not corrected within fifteen (15) days after the notice is received, the Public Works Director shall proceed to correct the condition as specified in the notice at City expense, and shall prepare and bill the property owner. If the property owner does not pay the bill within thirty (30) days after it is received, the amount of that bill shall be certified by the City Clerk to the County Treasurer as taxes due but unpaid against the property.

(d) Repair and maintenance. (1) The owner, occupant, lessee or person in possession or control of any premises or property shall maintain the sidewalks adjoining such premises or property in good repair and in a safe, unobstructed condition, free of snow, weeds and debris. (2) In the event a sidewalk or section of an existing sidewalk is damaged, or in the event an adjoining property owner desires to remove and replace any existing sidewalk, the adjoining property owner shall obtain a permit from the Public Works Director for the repair, removal and/or replacement of said sidewalk.

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11-1-30. Obstructing public ways.

(a) Improvements and regulation:

(1) Any improvements or plants in a parkway shall be subject to removal at the direction of the Public Works Director. (2) If the Public Works Director determines that improvements or plants in a parkway should be removed, he or she shall notify the owner of the property directly adjacent to the property. The notice shall direct the removal of the improvements or plants within fifteen (15) days. (3) If the notified property owner fails to remove the plants or improvements within the time allowed, the Public Works Director may either:

i. Remove the plants or improvements at the expense of the City, in which case the City shall not be liable to any person for damaging the plants or improvements; or ii. Follow the procedures set forth in Subsection 11-1-20(d) above.

(4) Removal by City, disclaimer of liability.

i. If improvements or plants of any nature or type are placed in a parkway without the approval of the Public Works Director or in such a way as to obstruct public passage along the parkway, the City may remove the same at its own expense and shall not be liable to any person for damaging those improvements or plants. ii. If foliage in or over a parkway obstructs the public passage along the parkway, public passage along a street, or the views at an intersection, the City may remove or trim the same and the City shall not be liable to any person for damage to such foliage.

(b) Rubbish, merchandise and signs on sidewalks. (1) Any person who places rubbish, boxes, signs, or anything upon the public sidewalks of the City, or permits any such objects or things to remain on the sidewalks in front of his or her lot or place of business shall be punished in accordance with the provisions of Section 1-4-20 of this Code. (2) Retail merchants may display their own wares on the public sidewalks along the frontage of the building which they occupy, but said wares shall extend no more than twenty-four (24) inches from the front wall of such building. The foregoing shall not be construed so as to prevent newspaper vending machines from being placed upon the public sidewalks, so long as said vending machines do not obstruct the public use of such sidewalks.

ARTICLE II Sidewalks and Curbcuts

11-2-10. Removal of snow and ice.

(a) The tenant or occupant or, if unoccupied, the owner or agent, of real property within the corporate limits of the City, as now existing or hereafter established, from or along which sidewalks are or shall be constructed, shall, within eight (8) hours, in all residential zone districts, and within four (4)

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hours, in all other zone districts, (from 8:00 p.m. to 6:00 a.m. of each day excepted) after any fall of snow, cause the same, and any ice which may have formed, to be removed from the sidewalk fronting or along such property into the gutters and street, but not into the center of the street so as to interfere with the passage of vehicles and so as not to obstruct any street crossing (Ord. 2012-05).

(b) The tenant or occupant or, if unoccupied, the owner or agent, of real property within the

corporate limits of the City, as now existing or hereafter established, with frontage on U.S. Highway 50, shall, within four (4) hours (from 8:00 p.m. to 6:00 a.m. of each day excepted) after any fall of snow, cause the same, and any ice which may have formed, to be removed from the Highway 50 frontage in a sufficient width to accommodate pedestrian traffic, but not into the center of the street so as to interfere with the passage of vehicles and so as not to obstruct any street crossing.

(c) Any person failing to comply with any of the provisions of this Section shall, upon

conviction thereof, be subject to the imposition of a penalty assessment in an amount to be established by resolution of City Council, and amended from time to time, for each offense.

ARTICLE III Construction and Excavations

11-3-10. Construction standards.

(a) All public ways, rights-of way, streets, and alleys in the City, whether now in use or created hereafter by public dedication or prescriptive use, are public property and shall be constructed in accordance with the City’s approved Specifications.

(b) The Specifications shall also apply to replacement of existing structures such as

sidewalks, driveways, and curb and gutter as well as excavation work. If specific guidelines are not listed in the Specifications, the current edition Colorado Department of Transportation Standard Specifications for Road and Bridge Construction shall apply. Such designs shall be subject to review and approval by the Public Works Director prior to actual construction.

11-3-20. Excavation permit required.

(a) It shall be unlawful for any person to dig up, open or excavate, or cause to be dug up, opened or excavated, any street, alley, sidewalk or other public place within the incorporated limits of the City without first having secured a permit therefor from the Public Works Director.

(b) The Public Works Director is authorized to develop forms and procedures for granting

permits allowing persons to dig up, open, or excavate public rights-of-way owned by the City. At a minimum, the applicant shall give an accurate description of his or her lot and describe the size of the sidewalk or other public right-of-way area subject to the permit, the character of the material to be used in construction thereof, a sketch or plan showing the exact location, depth, extent, nature and purpose of the excavation desired to be made, the purpose for which the privilege is requested, and the duration of time required for the work, including the date when construction will commence.

(c) Once issued, the permit required shall be kept at the site of the excavation while the work

is in progress and shall be exhibited upon request to any police officer or other authorized representative of the Public Works Director. 11-3-40. Permit fee.

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(a) The City Council shall establish by resolution, as may be amended from time to time, a fee schedule for permits subject to this Chapter. The purpose of these fees shall be to defray the expense of administering the permit system, to ensure that cuts or excavations made in public rights-of-way are repaired by the persons making the cuts or excavation, and to ensure that the requirements of the permit are fulfilled. No permit shall be issued without payment of the appropriate permit fee.

(b) No permit to cut or excavate in any public right-of-way shall be issued unless the

applicant for such permit has first paid to the City the required fee as approved by resolution of the City Council. However, utility companies franchised in the City registered with the Public Utilities Commission shall not be required to pay the excavation fee and may substitute the deposit with a bond, letter of credit or some other method of security approved by the Public Works Director.

11-3-40. Issuance of permits.

The Public Works Director shall grant permits to dig up, open or excavate, or cause to be dug up, opened or excavated, any street, alley, sidewalk or other public place in the City to the following persons:

(1) Any person possessing, by ordinance, resolution or contract of the City Council, general or special power to excavate in, or perform other work as aforesaid in or upon, the streets, alleys, sidewalks or other public places. (2) Any person properly insured under the provisions of this Code filing an application, as provided for, pertaining to excavation work which will comply with the requirements stated herein.

11-3-50. Permit conditions. Permits issued pursuant to this Article shall be subject to the following conditions, among other requirements as the City may deem necessary in the public interest.

(1) Compliance with time limit and method restrictions. All permits issued under this Article shall be issued according to the provisions stated and subject to such rules, directions and limitations as the City prescribes regarding the time required for the work and the manner in which the work is to be performed. (2) Protection of public places. Permits shall be conditioned that all work performed under such permits shall be in accordance with the rules and regulations of the City, which rules shall provide for the proper care and protection of the streets, alleys, sidewalks and other public places of the City and persons and property thereupon. (3) Compliance with specifications. Permits shall be conditioned that all work done under such permits shall be only such work as is allowed by the City and specified in the ordinance, resolution or contract of the City, or in the proper application. (4) All permittees must provide proof of insurance in an amount deemed adequate by the City considering the nature and extent of permitted work.

11-3-60. Barricades and signage.

It shall be unlawful for any person to dig or cause to be dug any hole, drain, ditch or any other excavation in any street, alley, sidewalk or other public place within the City without providing a

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sufficient barricade or temporary fence around such hole, drain, ditch or other excavation, in order to prevent persons, animals and vehicles from sustaining injury or damage. The barricade shall be retro-reflective. All excavations in the public right-of-way shall use proper signage according to the current Manual for Uniform Traffic Control Devices standards. 11-3-70. Interference with safety devices.

It shall be unlawful to damage, displace, remove or interfere with any safety device which is lawfully placed around or about any street, alley, sidewalk or other excavation or construction work in the City. 11-3-80. Cuts; disposal of excess material.

Any cut in any pavement or surfacing shall be made in a neat manner, with square edges and corners, and shall be made with a pavement saw twelve (12) inches back from each side of the excavation. All excess material taken from the cut and excavation shall be trucked away and disposed of by the holder of the permit at the time the cut and excavation are made. 11-3-90. Backfilling, compaction and materials.

Upon completion of the work, each excavator shall backfill excavations as required herein. Backfill, compaction and materials of any excavation made in any paved street or alley right-of-way shall conform to the conditions set out in the Specifications.

11-3-100. Responsibility for repair.

In the event of settlement or subsidence of a particular excavation or part of an excavation, the permittee who had performed the excavation work shall be responsible for all repaving and repair costs occasioned by such settlement or subsidence, as outlined within Specifications.

11-3-110. Pavement or surfacing replacement.

(a) After an excavation in a street, alley or sidewalk, pavement and surfacing shall be replaced by the contractor in accordance with specifications provided within the Specifications.

(b) If within the time specified in this Article the work is not completed, the City will cause the work to be done and bill the contractor responsible. 11-3-120. Backfilling under paved or hard-surfaced streets.

Excavators in paved or hard-surfaced streets shall take care to separate surfacing material from the soil removed from such excavation. All excavated material shall be removed and Class 6 road base material installed as backfill.   11-3-130. Obstruction of excavations prohibited. 

It shall be unlawful to hinder or obstruct any paving operations or excavations conducted in conformance with the provisions of this Article.

11-3-140. Liability.

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Any person who undertakes work pursuant to a permit issued under the provisions of this Article or performs work under contract with the City or by permission obtained from the City Council in accordance with provisions adopted by the City Council shall be answerable for any damage occasioned to persons, animals or property by reason of carelessness or negligence connected with such work.

11-3-150. Furnishing of information.

It shall be the duty of every person, on request, to furnish the Public Works Director with information regarding the location in any street, alley, sidewalk or other public place of the City of any pipe or other structure installed, maintained or utilized by such person.

11-3-160. Violations and remedies.

(a) Any person who digs up, opens or excavates, or causes to be dug up, opened or excavated any public right-of-way owned by the City without a permit from the Public Works Director misdemeanor shall be guilty of a misdemeanor, and upon conviction thereof shall be subject to the provisions of Chapter 1, Article IV of this Code.

(b) Any person who violates, disobeys, omits, neglects, refuses to comply with or resists any

of the provisions of this Article shall be guilty of a misdemeanor, and upon conviction thereof shall be subject to the provisions of Chapter 1, Article IV of this Code.

(c) In addition to the remedies described in subsections (a) and (b), the City shall be entitled

to pursue any other civil or criminal remedy available at law to enforce the provisions of this Chapter.

ARTICLE IV Encroachments

11-4-10. Uses prohibited without encroachment permit.

(a) No person shall conduct any activity or enterprise that involves placement of a cart, unrolled blank booth, sign, table, structural improvement associated with landscaping, stage or other structure or equipment in the public right-of-way without a valid encroachment permit issued under this Article, unless specifically permitted and provided for in this Code.

(b) No person shall install or construct any structure, awning, sign, balcony, occupied colonnade or stoop over or upon the public right-of-way without a valid encroachment permit issued under this Article.

(c) Landscaping within the public right-of-way shall not be a violation of this Article; provided, however, that no vested right to continue such landscaping shall arise and said landscaping shall comply with other requirements and provisions of this Code.

(d) The penalty for failing to comply with this Article shall be as set forth in Chapter 1, Article IV of this Code.

11-4-20. Encroachment permit required.

(a) Any person who wishes to encroach over or upon the public right-of-way shall apply for and obtain an encroachment permit from the City Administrator according to the application process established by the City Administrator. Encroachment permits shall be revocable and may be subject to a

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term as determined by the City Administrator to ensure that the encroachment remains appropriate for its setting and compliant with the terms of the permit. Encroachment permits shall provide, and it shall be agreed by the person requesting the permit, that any such improvements which either exist upon or are placed upon City property shall be placed there at the sufferance of the City and shall be removed by the property owner responsible for the improvements upon receipt of a written notice from the City to remove the improvements in the time frame set forth in the notice. All encroachments shall comply with all building codes as applicable, and permits shall contain such restrictions as the City Administrator deems appropriate. All encroachment permits shall be kept on the premises.

(b) The City Administrator may establish review guidelines and application submittal requirements and may also impose conditions on any permit to ensure that permitted encroachments comply with this Code and enhance the proposed location.

(c) The City Administrator shall impose a reasonable fee for an application for an

encroachment permit to cover the City's costs associated with processing and monitoring such permit, including, which fee may be amended from time to time. In addition, the applicant shall be responsible for the payment of any and all consultant fees associated with processing the permit.

(d) Once an application is deemed complete, the City Administrator shall render a decision

on the permit application within fifteen (15) business days unless the City Administrator, at his or her discretion, refers the application to the City Council; in which case, the application shall be placed on the next available agenda.

(e) Whenever any permittee desires to change the use or location of the encroachment

authorized by the permit, the permittee shall follow the review and approval process required of a new applicant.

11-4-30. Mandatory insurance.  

(a) All permittees shall provide proof of adequate insurance to the City Administrator before a permit may be issued and shall maintain during the period of the permit comprehensive general public liability and property damage insurance naming the City, its officers, employees and agents as insureds in an amount equal to the limits under the Colorado Governmental Immunity Act, Section 24-10-101, et seq., C.R.S., as amended, plus the costs of defense, provided that the insurance is primary insurance and that no other insurance maintained by the City will be called upon to contribute to loss covered by the policy and providing for thirty (30) days' notice of cancellation or material change to the City.

(b) The City Administrator may waive the mandatory insurance requirement for

encroachments of a minor nature or short duration of time.

(c) The City Administrator has discretion to increase insurance limits for major encroachments.

11-4-40. Indemnification.

The holder of an encroachment permit issued under this Article shall indemnify and hold harmless the City, its officers, employees and agents against any and all claims arising from any occurrence occasioned by the permitted use.

11-4-50. Ramps in downtown area.

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(a) Encroachment permits under this Article for the installation of an access ramp may be issued according to the encroachment permit procedure established herein upon the following public ways within the City of Salida: Sackett Avenue, First Street, Second Street, Third Street and Fourth Street from "I" Street to "D" Street; Fourth Street from "H" Street to "D" Street; "E" Street, "F" Street and "G" Street from Fourth Street to the northerly most extension of said streets; "H" Street from Fourth Street to Third Street; and "I" Street from Second Street to Sackett Avenue.

(b) Within the area above described and under the terms and conditions as set forth in this Article, the City Administrator is authorized to issue the owner of any building housing a place of public accommodation, as defined in Section 24-34-601, C.R.S., a permit to install and maintain an access ramp upon the public way. All permits so issued will be cancelable by the City upon sixty (60) days' notice.

(c) Installation. The permit to install an access ramp will be for an area upon the public way no larger than the following: forty four (44) inches from the frontage of the property into the public way and the frontage of the property along the public way. Any access ramp constructed pursuant to a permit issued under this Section shall comply with the International Building Code as adopted at Chapter 18 of this Code.

(d) Issuance of ramp encroachment permit. (1) An encroachment permit for an access ramp may be issued by the City Administrator as established herein if the requirements of this Section are met and the applicant demonstrates that the issuance of the permit will not unduly impede the course of vehicular and/or pedestrian traffic on the public way and that there is no practicable way to install an access ramp to the place of public accommodation by installing the ramp upon the property owned by the building owner. (2) In determining whether the issuance of the permit and construction of the ramp will unduly impede traffic, the City Administrator shall take into account the following: the width of the parkway as defined in this Article; the width of the paved area of the parkway (commonly called the sidewalk); other obstructions on the public way in the immediate vicinity of the ramp; and the amount of vehicular and pedestrian traffic. The City Administrator shall not issue a permit if he or she determines that issuance of the permit would require pedestrian traffic to move onto the street or onto unpaved areas of the parkway.

ARTICLE V

Trees

11-5-10. Tree regulations generally. (a) Sizes. The following tree size classifications shall apply in the City: Small trees Up to 25' projected height at maturity Medium trees 25 40' projected height at maturity Large trees Over 40' projected height at maturity (b) Species. Prohibited nuisance tree species on private and public property are described at Chapter 7, Article IV of this Code.

(c) Spacing. The spacing of trees will be in accordance with the tree species size classes, and no trees may be planted closer together than the following:

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Small trees 20' Medium trees 30' Large trees 40' (d) Distance from curbs, sidewalks, and corners. The distance that trees may be planted from curbs or curb lines and sidewalks will be in accordance with the three (3) size classes, and no trees may be planted closer to any curb or sidewalk than the following: Small trees 2' Medium trees 3' Large trees 4' No tree shall be planted within the clear sight triangle as defined in Chapter 16 of this Code. No tree shall be planted closer than ten (10) feet from any fireplug. (e) Distance from utilities. No trees other than those species described as small trees may be planted under or within ten (10) lateral feet of any overhead utility wire, or over or within five (5) lateral feet of any underground water or wastewater line, transmission line, or other utility. 11-5-20. Trees and limbs in public right-of-way.

(a) The owner of any tree overhanging any street or right-of-way within the City shall trim the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection or traffic signs, and so that there shall be a clear space of ten (10) feet above the surface of the street or right-of-way. Said owner shall remove all dead, diseased or dangerous trees or broken or decayed limbs which constitute a menace to the safety of the public.

(b) Any licensed tree service wanting to prune, treat or remove a City tree and any City resident wanting to prune, treat or remove a City tree adjacent to his or her property must first obtain a free permit from the Department of Public Works and is required to adhere to the Tree Pruning and Tree Removal Specifications. 11-5-30. Tree care responsibilities.

(a) Responsibility of City. (1) The City has the primary responsibility to plan, trim, spray, preserve, remove and replace park and street trees as may be necessary to ensure safety or to preserve the symmetry and beauty of such public grounds. (2) The City may remove or cause or order to be removed any tree or part thereof which constitutes a hazard to life and property, is injurious to sewers, electric power lines, gas lines, water lines or other public improvements, or harbors insects or disease which constitute a potential threat to other trees within the City. If removal of a private tree is to be ordered, the City shall notify the owner of such trees in writing. Treatment or removal shall be completed at the expense of the owner within fifteen (15) days after the date of service of the notice. If the owner fails to complete treatment or removal as ordered, the City may treat or remove such trees and charge the cost of treatment or removal to the owner.

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(3) The City Council shall have the right to review the conduct, acts and decisions of the Tree Board. Any person may appeal any decision of the Tree Board to the City Council, which may hear the matter and make a final decision.

(b) Responsibility of landowners. (1) Landowners are responsible for minor maintenance of street trees adjacent to their lots. This includes, but is not limited to, watering, fertilizing and mulching. (2) Landowners may trim, treat, remove or replace street trees adjacent to their lots, provided that they first obtain a free permit from the City.

11-5-40. Interference with City or Tree Board.

It shall be unlawful for any person to prevent, delay or interfere with the City, or any of its agents or servants, while engaging in and about the planting, cultivating, mulching, pruning, spraying or removing of any street, park, or private tree as authorized in this Chapter.

11-5-50. Violation.

Any person who violates, disobeys, omits, neglects, refuses to comply with or resists any of the provisions of this Article shall be guilty of a misdemeanor, and upon conviction thereof shall be subject to the provisions of Chapter 1, Article IV of this Code. It shall be unlawful to damage or otherwise destroy any park or street tree. Upon conviction or plea of guilty, the individual will be charged the costs of repairing or replacement of said tree.

ARTICLE VI Parks and Recreation Areas

11-6-10. Private use of City parks.

(a) Approval required. No private person shall promote, conduct or organize any meeting or performance within a City park without the prior approval of the City. No such person or organization shall participate in any performance within a City park without the prior approval of the City Council.

(b) City policy, guidelines for granting use. It is the intent of the City Council that permission to use parks shall be granted to private persons without regard to race, creed or purpose of the private person desiring to use the park. Nevertheless the City Council realizes that it must exercise some discretion in permitting persons to use City parks, and enacts the following guidelines to help determine whether permission should be granted to a private person to use a City park, or a portion thereof, for a meeting or performance:

(1) Whether the private person has used City parks for meetings or performances in the past; and whether such person has complied with this Article and other ordinances of the City in the past; and whether such person has caused litter or police problems. (2) A scheduling system for the use of the parks during the time in question, the City Council wishing not to create conflicting uses of the same park or to have the parks excessively used for performances or meetings.

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(3) The purpose of the meeting or nature of the performance; provided that no meeting or performance shall be prohibited on the basis of its political or religious content or purpose.

(c) Conditions of use. The City may grant private persons permission to use City parks, or

portions thereof, for meetings or performances upon the following terms and conditions as subject to the following limitations:

(1) Each permission given shall be limited to four (4) consecutive days. (2) Each permission given shall specify which area of which park shall be used and during what time the area will be used. (3) Unless the use of amplified sound after 10:00 pm is specifically permitted, amplified sound after such hour is prohibited. (4) The City Council may impose a fee for the use of any park and shall adopt a fee schedule by resolution. (d) Bond requirement. The City Council may impose the requirement upon a person that a

bond be posted prior to the use of the park, such bond to be in an amount sufficient to cover costs of cleanup and/or possible damage to the park caused by the performance or meeting.

(e) Prohibited acts. (1) Damage to park property. No private person using a City park for a meeting or performance shall damage or deface the foliage, furniture or improvements within the park in any way, shape or form. (2) Interfering with private activities. No private person shall in any way interfere with, obstruct or interrupt any performance or meeting within a City park for which the City Council has given permission. (3) The consumption of alcoholic beverages, as defined in Section 10-7-10 of this Code is prohibited unless a special exception is obtained pursuant to Section 10-7-40 of this Code. (f) Tiered review. The City Administrator shall review and act on applications for City park

events unless the scope of the proposed event includes street closures, alcohol use, multiple days, or any other factors which in the City Administrator’s sole discretion indicate a higher level of impact to the park facility requiring review and approval by the City Council. 11-6-20. Camping overnight.

(a) Prohibited generally. No person shall camp overnight within or upon any City park without prior permission of the City Council. Any person found sleeping within a City park between 10:00 p.m. and sunrise shall be presumed to be camping within the City park contrary to this Article.

(b) Permission to camp. By resolution, the City Council may grant an individual or group of individuals permission to camp within a City park. The resolution shall specify the group, park and days during which the camping is allowed. In any prosecution for a violation of this Section, the burden shall be on the defendant to demonstrate that he or she had permission by resolution of the City Council.

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11-6-30. Marvin Park.

(a) As used herein, the term Marvin Park shall mean all of that City park located between the Arkansas River and Highway 291 (First Street) within the City, which is commonly known as Marvin Park.

(b) Persons desiring to use Marvin Park for organized events shall make application for use to the City Administrator in such form as the City Administrator may require.

(c) The City Administrator shall grant permission for the use of Marvin Park only to persons who meet the following requirements:

(1) The person must have and demonstrate liability insurance, protecting all participants in the activity for which the park is to be used and all spectators from bodily injury or property damage, in an amount to be determined by resolution of the City Council. (2) The person must pay a user fee for use of the park in an amount to be determined by resolution of the City Council.

(e) In the event that the use of Marvin Park is for an athletic event or performance which

draws an audience, the persons promoting or participating in the athletic event or performance shall be deemed the users of the park and shall be required to obtain permission. The audience, whether invited or drawn by nature of the athletic event or performance, shall not be deemed users of the park and shall not be required to obtain permission to be in Marvin Park.

11-6-40. Salida Hot Springs Aquatic Center.

(a) With respect to minor persons who are in the Salida Hot Springs Aquatic Center without their parents or legal guardians, the City Administrator shall exercise such authority with respect to discipline over said minor persons as a parent may lawfully exercise over his or her children.

(b) The City Administrator may promulgate such rules and regulations relating to the behavior of persons within the Salida Hot Springs Aquatic Center as he or she deems necessary and proper to ensure the safety and well-being of persons within the pool and to ensure the well-being and maintenance of pool facilities.

(c) All persons using the Salida Hot Springs Aquatic Center shall obey all directions given by the City Administrator and particularly shall strictly adhere to the directions given by lifeguards at the pool.

(d) In the event the City Administrator determines that any person has consistently or willfully disobeyed the instructions given by lifeguards or swimming pool personnel, the City Administrator may prohibit said person from using the Salida Hot Springs Aquatic Center for a certain time. Such prohibition shall be delivered to the person orally and if the person is a minor, the prohibition will be placed in writing and delivered to the minor's parent or legal guardian if the same can be ascertained using reasonable diligence. Any person so prohibited from using the Salida Hot Springs Aquatic Center may appeal the decision of the City Administrator to the City Council by filing a request for a hearing and notice of appeal with the City Clerk within ten (10) days after notification of the prohibition. In the case where notice of the prohibition is mailed, the prohibition shall be deemed delivered upon being placed in the United States mail with sufficient postage prepaid, first class mail. After the filing of a notice of appeal, the matter will come before the City Council for a determination at

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the next regular meeting of the City Council or at such time thereafter as the City Council may continue the same.

(e) Liquor possession or consumption at swimming pool and penalty. It is unlawful for any

person to have in his or her possession, or to consume, any alcohol beverage or other intoxicant within the Salida Hot Springs Aquatic Center, or for any person to be within the Salida Hot Springs Aquatic Center who is impaired by alcohol or other drugs, or a combination thereof, as defined in Section 42-4-1301, C.R.S., as amended. The minimum penalty imposed upon any person convicted of a violation hereof shall be twenty-five ($25.00) dollars, and the maximum penalty shall be the maximum penalty as set forth in Chapter 1, Article IV of this Code.

(f) It is unlawful for any person to possess any glass container within the Salida Hot Springs

Aquatic Center, or to transport any glass container into the Salida Hot Springs Aquatic Center. This subparagraph shall not apply to City employees who have glass containers in their possession within the Salida Hot Springs Aquatic Center used in the performance of their duties as employees.

11-6-50. Skateboard Park.

(a) The provisions of this Section relate to the Salida Skateboard Park, which is located on the former right-of-way of the Denver and Rio Grande Western Railroad, Monarch Branch, between the Monarch Spur Trail, 1st Street, Sackett Street and "G" Street, and which consists of the Southerly one-half (½) of the portion of the former right-of-way above described.

(b) The prohibitions against the use of skating devices contained in Section 8-2-40 of this Code shall not apply to the Salida Skating Park.

(c) The use of the Salida Skating Park is a privilege and not a right. Persons who abuse that privilege by violating the regulations set forth in this Section may have their privilege of using the Salida Skating Park suspended.

(d) No person shall perform any of the following actions upon or within the Salida Skating Park:

(1) Be upon the premises of the same between the time of sixty (60) minutes after sunset and thirty (30) minutes before sunrise unless such person is performing maintenance upon the same at the direction and with the authorization of the City. (2) Use the same for skating purposes without proper helmets, knee and elbow pads, and shoes. (3) Use the same for skating purposes when the person's skating equipment and protective gear are not in good working order. (4) Bring any food or beverages onto the skating surfaces of the same. (5) Use or install upon the same any make-shift items or modifications of a temporary or permanent nature. This prohibition shall not apply to modifications made by the City. (6) Be in the skating bowl at the same time another person is using the same for skating purposes.

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(e) Persons use the Salida Skating Park at their own risk. The Public Works Department shall post a sign at the Salida Skating Park advising persons that they use the same at their own risk and listing the prohibitions in subsection (d) above. 11-6-60. City parks closed during nighttime hours.

(a) The provisions of this Section apply to all City parks within the City, except for the following facilities under the following circumstances: the Salida Hot Springs Aquatic Center during the times it is open to the public by the pool administration and those portions of Marvin Park being used for an athletic event which has been regularly scheduled and approved by the City.

(b) It is unlawful for any person to be within any City park, except Marvin Park and Centennial Park, between the hours of 10:00 p.m. and 6:00 a.m., except City employees who are acting in the course of their regular duties and employment. The hours of closure for Centennial Park and Marvin Park shall be between 11:00 p.m. and 6:00 a.m.

(c) The Public Works Director shall post signs in all parks in conspicuous places advising that the parks are closed to all persons between the hours designated in subsection (b) above.

(d) For the purposes of this Section, the boundary of a park shall be deemed to extend to the edge of any adjoining road or street and shall be deemed to extend to the bank (at low-water mark) of the Arkansas River where the park adjoins the Arkansas River. This Section shall not apply to the Salida Trail, which runs along the abandoned railroad right-of-way (Denver & Rio Grande Western Railroad, Monarch Branch); and nothing contained in this Section shall prohibit persons from traveling along paved sidewalks within parks, provided that said persons are traveling and not loitering.

(e) Any person who commits an unlawful act as defined in this Section, upon conviction thereof by the Municipal Court, shall be punished as set forth in Chapter 1, Article IV of this Code.

11-6-70. Prohibited acts and conditions.

(a) Dogs in park. (1) It is unlawful for any person who owns, harbors or keeps a dog to permit that dog to enter any City park, except areas specifically identified as "dogs permitted" or by motion of the City Council for special events. (2) The Public Works Director shall post all City parks with clear, legible signs reading "No Dogs Allowed," which signs shall be posted in such a manner as to give all persons entering the parks notice that dogs are not permitted therein. (b) Glass containers. It is unlawful for any person to possess any glass container within any

City park or to transport any glass container into a City park. (c) Any person who violates, disobeys, omits, neglects, refuses to comply with or resists any

of the provisions of this Article shall be guilty of a misdemeanor, and upon conviction thereof shall be subject to the provisions of Chapter 1, Article IV of this Code.

ARTICLE VII SteamPlant Event Center and Scout Hut

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11-7-10. General provisions.

The City is the owner of the SteamPlant Event Center. The rules and regulations for parks and recreation areas set forth in Article VI of this Chapter shall not apply to SteamPlant. Events held at the SteamPlant are exempt from amplified sound requirements of Chapter 10, Article IX of this Code.

11-7-20. Rules and regulations.

(a) The City Administrator may promulgate such rules and regulations relating to the behavior of persons within the SteamPlant Event Center as he or she deems necessary and proper to ensure the safety and well-being of persons within the facility and to ensure the well-being and maintenance of the SteamPlant Event Center.

(b) All persons using the SteamPlant Event Center shall obey all directions given by the City

Administrator and particularly shall strictly adhere to the directions given by SteamPlant Event Center staff.

(c) All persons using the SteamPlant Event Center shall adhere to the guidelines provided for

in the SteamPlant User Agreement adopted by the City Council, as may be amended. (d) All alcoholic beverage services are provided through the SteamPlant Event Center. Any

person consuming alcoholic beverages must be 21 years or older. The SteamPlant Event Center reserves the right to suspend alcohol privileges of the SteamPlant Event Center users at any time for any reason. Should illegal presence or consumption of alcoholic beverages occur on the SteamPlant Event Center premises by a user or guests, the full amount of the damage deposit will be forfeited to the SteamPlant Event Center for violation of state and local liquor laws. All sales and service of alcohol are provided by the SteamPlant Event Center under its liquor license.

(e) The City reserves the right to eject or cause to be ejected from the SteamPlant Event

Center any objectionable person or persons, and neither the City nor any of its officers, agents, or employees shall be liable for any damages that may be sustained through the exercise by the City of such right. 11-7-30. Scout Hut.

The City is the owner of the Scout Hut, which facility is under the management of the SteamPlant Event Center staff. The City Administrator may promulgate such rules and regulations relating to the behavior of persons using the Scout Hut as he or she deems necessary and proper to ensure the safety and well-being of persons within the facility and to ensure the well-being and maintenance of the Scout Hut. To the extent applicable, the provisions of Section 11-7-20 shall also apply to use of the Scout Hut.

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CHAPTER 13

Municipal Utilities

Article I Water and Wastewater Enterprise Sec. 13-1-10 Definitions Sec. 13-1-20 Establishment of water and wastewater enterprise Sec. 13-1-30 Establishment of water and wastewater board Sec. 13-1-40 Appointment of director responsibilities Sec. 13-1-50 Water and wastewater board – duties and powers Sec. 13-1-60 Water and wastewater enterprise debt issuance Sec. 13-1-70 Water and wastewater fund established

Article II Water and Wastewater Regulations Sec. 13-2-10 Definitions Sec. 13-2-20 Wastewater Service Plan Area Sec. 13-2-30 Application for service within the Service Plan Areas Sec. 13-2-40 Application for service outside the Service Plan Areas Sec. 13-2-50 Existing private wastewater lines and systems Sec. 13-2-60 Existing domestic wells Sec. 13-2-70 Credits for water rights Sec. 13-2-80 Service exclusive to user’s premises Sec. 13-2-90 Location, installation and maintenance of meters Sec. 13-2-100 Interference with water meter prohibited Sec. 13-2-110 Interference with water and wastewater service prohibited Sec. 13-2-120 Prohibited wastes Sec. 13-2-130 Duty to maintain and repair service lines and report damage to City Sec. 13-2-140 Water and wastewater main extension Sec. 13-2-150 Cost of water and wastewater main extension Sec. 13-2-160 Credits for water and wastewater service extension Sec. 13-2-170 Credit for oversized mains Sec. 13-2-180 Water and wastewater permits and fees Sec. 13-2-190 Tap abandonment and tap transfers Sec. 13-2-200 Refunds Sec. 13-2-210 Discontinuance of water or wastewater service Sec. 13-2-220 Resolution of existing credits Sec. 13-2-230 Change of use Sec. 13-2-240 Water conservation Sec. 13-2-250 Right of entry Sec. 13-2-260 Discontinuation of service Sec. 13-2-270 Responsibilities – wastewater – damages – clean-up Sec. 13-2-280 Request for design waiver Sec. 13-2-290 Violations Sec. 13-2-300 Appeals

Article III Water and Wastewater Fees, Rates and Charges Sec. 13-3-10 Customer classes/definitions Sec. 13-3-20 Application for new service Sec. 13-3-30 Water and wastewater rates and charges - generally Sec. 13-3-40 Temporary disconnection Sec. 13-3-50 Payment of water and wastewater charges Sec. 13-3-60 Water charges and service line leaks or breaks Sec. 13-3-70 Termination of service for non-payment Sec. 13-3-80 Reinstatement of service after termination for non-payment Sec. 13-3-90 Billing - appeals Sec. 13-3-100 Owner responsibility – lien upon property served Sec. 13-3-110 Unauthorized use

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Article IV Cross-Connection Control Sec. 13-4-10 Legislative intent Sec. 13-4-20 Separate water connections required Sec. 13-4-30 Procedure upon discovery of cross-connected water lines Sec. 13-4-40 Backflow prevention assemblies Sec. 13-4-50 Change of use of property served by sewer

Article V Watershed Protection Sec. 13-5-10 Purpose Sec. 13-5-20 Definitions Sec. 13-5-30 Jurisdiction Sec. 13-5-40 Map Sec. 13-5-50 Interpretation and construction Sec. 13-5-60 Regulated activities Sec. 13-5-70 Activities which require no permit Sec. 13-5-80 Permit application Sec. 13-5-90 Permit fee Sec. 13-5-100 Permit duration Sec. 13-5-110 Permit suspension or revocation; temporary suspension Sec. 13-5-120 Permit transfer Sec. 13-5-130 Permit review; burden; issuance or denial Sec. 13-5-140 Permit terms and conditions Sec. 13-5-150 Performance bond Sec. 13-5-160 Containment facilities; reporting requirements Sec. 13-5-170 Site inspections Sec. 13-5-180 Hearings by the City Council on applications Sec. 13-5-190 Hearings Sec. 13-5-200 Compliance order Sec. 13-5-210 Legal action

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CHAPTER 13 MUNICIPAL UTILITIES

Article I. Water and Wastewater Enterprise

13-1-10. Definitions. For the purposes of this Chapter unless the context requires otherwise: Enterprise means a City-owned water activity business or combination of City-owned water activity businesses authorized to issue its own revenue bonds and which receives less than 10% of its annual revenues in grants from all state and local governments combined; provided, however, that the City’s water and wastewater enterprise shall continue to operate as a water and wastewater enterprise regardless of its statutory status in any given year. Grant means money or cash contributed to an enterprise by the State of Colorado or any Colorado local government which is not required to be repaid. "Grant" does not include public funds paid to an enterprise in consideration for the provision of any goods, services, facilities, rights or interests by the enterprise to the State of Colorado or any Colorado local government, nor does it include money repaid to an enterprise in consideration for any loan made by the enterprise to the State of Colorado or any Colorado local government. "Grant" does not include money derived by an enterprise from the federal government, whether or not the State of Colorado or any Colorado local government acts as a conduit for such money. The provisions of Section 37-45.1-102 (2), C.R.S., also apply to the definition of "grant.” 13-1-20. Establishment of water and wastewater enterprise. There is hereby established a water and wastewater enterprise of the City of Salida (formerly known as the City of Salida Water Activity Fund) authorized to implement the provisions of this title and perform all other functions or duties as authorized by law. Such enterprise shall be wholly owned by the City and operated in accordance with all applicable laws. 13-1-30. Establishment of water and wastewater board. The City Council shall serve as the governing body of the water and wastewater enterprise. The mayor shall serve as chair and the mayor pro-tem shall serve as vice-chair of the board. The City Clerk shall serve as secretary of the board. 13-1-40. Appointment of director and responsibilities. The City Administrator shall serve as the enterprise's director and be responsible for the operation and maintenance of such enterprise under the direction of the enterprise board and as set forth in this title. The Administrator may designate any person to assist with such duties. 13-1-50. Water and wastewater board - duties and powers. The enterprise board's powers and duties shall include, but not be limited to: (1) Recommendation of rates, fees and charges for enterprise services, which rates, fees and

charges shall be established by resolution of City Council. (2) Issuance and payment of debt service requirements and financial obligations.

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(3) Acquisition, development and protection of water supplies decreed, adjudicated or

contracted for the City. (4) Preparation of an annual budget and development of long range plans for water and

wastewater improvements. (5) Contract with individuals or firms for professional services to include but not be limited

to construction, engineering, legal or financial. (6) Exercise all other powers and duties authorized by applicable law. 13-1-60. Water and wastewater enterprise debt issuance. (a) The water and wastewater enterprise shall have the authority to issue bonds, notes or incur other financial obligations payable from the revenues derived or to be derived from the functions, services, benefits or facilities of the water and wastewater enterprise or from any available funds of the enterprise. Such bonds or other obligations shall be authorized by ordinance or resolution of the enterprise adopted in the same manner as ordinances and resolutions of the City. (b) The terms, conditions, and details of said bonds, or other financial obligations, and the procedures related thereto shall be in the ordinance or resolution authorizing said bonds or other obligations and shall, as nearly as may be practicable, be consistent with those provided in Part 4 of Article 35 of Title 31, Colorado Revised Statutes, relating to water and sewer revenue bonds; except that the purposes for which the same may be issued shall not be so limited as said statutes provide, and except that said bonds, or other obligations, may be sold at public or private sale. Each bond, or other obligation issued under this subsection shall recite in substance that said bond, or other obligation, including the interest thereon, is payable from the revenues of the enterprise and other available funds of the enterprise pledged for the payment thereof. Notwithstanding any other provision of law to the contrary, such bonds, or other obligations may be issued to mature at such times not beyond forty (40) years from their respective issue dates, shall bear interest at such rates, and shall be sold at, above, or below the principal amount thereof, all as shall be determined by the enterprise. Notwithstanding anything in this section to the contrary, in the case of short-term notes or other obligations maturing not later than one year after the date of issuance thereof, the enterprise may fix principal amounts, maturity dates, interest rates and purchase prices of any particular issue of such short-term notes or obligations, subject to such limitations as to maximum term, maximum principal amount outstanding, and maximum net effective interest rates as the board shall prescribe by ordinance or resolution. Refunding bonds of the enterprise shall be issued as provided in Part 1 of Article 56 of Title 11, Colorado Revised Statutes, as amended. The powers provided in this section to issue bonds or other obligations are in addition and supplemental to, and not in substitution for, the powers conferred by any other law. The powers provided in this section shall not modify, limit or affect the powers conferred by any other law either directly or indirectly. Bonds, notes or other obligations may be issued pursuant to this section without regard to the provisions of any other law. (c) Any pledge of revenue or other funds of the enterprise shall be subject to any limitation on future pledges thereof contained in any ordinance or resolution of the enterprise or of the City authorizing the issuance of any outstanding bonds or other obligations of the enterprise or the City payable from the same source or sources. Bonds or other obligations issued separately by the City and the enterprise but secured by the same revenues or other funds shall be treated as having the same obligor and as being payable in whole or in part from the same source or sources.

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13-1-70. Water and wastewater fund established. (a) All revenues from all charges, fees, rates and other sources shall be deposited into a water and wastewater fund which shall be segregated from any other City funds. All funds received shall be used only for the operation, maintenance, debt service, replacement, and additions of the water and wastewater system and any other expenditure permitted by law. (b) The water and wastewater enterprise may pledge all or any portion of the funds, including revenues anticipated to be collected, to the payment of principal, interest, premium, if any, and reserves for revenue bonds or any other obligations lawfully issued or otherwise contracted for by the enterprise for the payment or other financing of costs of the water and wastewater system, or for the purpose of refunding any obligations issued or otherwise contracted for such purposes. (c) The water and wastewater enterprise may invest such funds as permitted by law. The enterprise may also establish reserve funds to finance the capital costs of replacement of water and wastewater equipment and facilities or the acquisition of water rights.

ARTICLE II. Water and Wastewater Regulations 13-2-10. Definitions. For the purpose of this Chapter the following words and terms have the following meanings, unless the context clearly indicates otherwise. Definitions included in Chapter 16 of this Code shall apply to this Chapter unless they are otherwise expressly defined herein. Approved means accepted by the City Administrator as meeting the applicable specifications set forth in this Chapter, or as suitable for the proposed use. Cross-connection means any physical connection or arrangement between two otherwise separate water systems, one of which contains potable water from the water system, and the other, water from a private source, water of unknown or questionable safety, or steam, gases or chemicals, whereby there may be a flow from one system to the other, the direction of flow depending on the pressure differential between the two systems. (Ord 2013-13) Customer means the individual or entity who requests that the city provide water and/or wastewater services to a specified property. Each "customer" must have at least one water meter associated with a property to which water and wastewater services are provided. Distribution System means that network of water mains, its equipment, valves and other appurtenances excluding the water service line, which supplies treated water to the system users. Hazardous connections means any potential or actual cross-connection that poses a pollution or health hazard as defined in the Colorado Cross-Connection Control Manual to the City’s potable water distribution system. Municipal Planning Area means the area outside the City boundaries designated for future coordinated planning by the City and Chaffee County as more particularly defined in the Amended Intergovernmental Agreement Between the City of Salida and the Chaffee County, Colorado dated March 2, 2010, as may be amended. Municipal Wastewater System or Wastewater System means that network of wastewater collection

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pipelines owned by the City, including wastewater mains, lines, laterals, and other wastewater pipes and appurtenances, lift stations, meter stations and all other parts of the sanitary system except the wastewater service line. Oversize main means any water main having a diameter greater than twelve-inches, except for a main needed to supply an area with fire protection. Service line means: (1) for one inch (1”) or less water service lines, all lines from two inches (2”) beyond the water meter yolk, (2) for larger than one inch (1”) lines, all lines from the water main whether before or after the meter; and (3) for wastewater lines, all lines from the wastewater main to the customer. Primary lot means any lot which has water service and from which a water service line connects directly to a water meter and a main. (Ord 2013-13) Private line means any line either water or wastewater which has not been accepted by the City for which maintenance is the responsibility of the property owner and/or users of the property. Secondary lot means any lot which has water service through a water service line that connects to the water service line on another lot, does not have a separate water meter and does not connect directly to a main. (Ord 2013-13) Specifications means the water and wastewater construction standards as adopted by City Council and as may be amended from time to time. System development fee means all the fees required of a new water or wastewater service customer as a result of connecting to the system. Tap means the right, physical process or act of connecting a service line to the City's water main and/or wastewater main. Wastewater means water which carries solid wastes, liquid and/or water wastes from residences, commercial buildings, industrial facilities, improvements, buildings and institutions together with ground, storm and surface waters not intentionally admitted. Wastewater main means that portion of the wastewater system owned by the City that collects and transmits water of the City from users to wastewater treatment facilities, excluding service lines. Wastewater services means the provision of services wherein water, wastewater and/or effluent is deposited into the City's sanitary wastewater system for treatment. Wastewater Service Plan Area means the area designated on the City of Salida Wastewater Service Plan Area Map, as may be amended, served by City wastewater. Water main means that portion of the water supply system owned by the City that transmits and distributes water of the City from treatment or storage facilities to users, excluding service lines. Water Service Plan Area means the area designated on the City of Salida Water Service Plan Area Map, as may be amended, served by City water. Water Services means the delivery of treated water to customers through the City’s water treatment and distribution system

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13-2-20. Wastewater Service Plan Area. The City currently operates as a regional wastewater provider with service to residents within its Wastewater Service Plan Area, which area includes, but is not limited to, both the City and the Town of Poncha Springs and may be amended. Acting through its water and wastewater enterprise, the City assumes full responsibility for and ownership of the provision of wastewater services within the Wastewater Service Plan Area, including responsibility for the Town of Poncha Springs’s wastewater facilities and related equipment and property rights. Salida is empowered to operate, maintain, and expand its wastewater system to accommodate and not inhibit planned growth and development within Poncha Springs’s planning and zoning jurisdiction in accordance with the terms and conditions of the Intergovernmental Agreement for Provision of Sewer Services dated April 6, 2010 and the Intergovernmental Agreement for Transfer of Sewer Services, dated April 6, 2010, both of which Agreements remain in full force and effect. With the exception of any necessary special assessments for infrastructure benefitting Poncha Springs facilities, all customers within the current and future corporate boundaries of the Wastewater Service Plan Area shall be subject to the uniform application of Salida ordinances and regulations, as may be amended, that are general in nature and applicable to all property receiving wastewater service from the City, including, but not limited to, regulations concerning assessments and fees. With the exception of the special assessments, any and all assessments, taxes, fees or impact fees whatsoever and however designated now or in the future shall have the exact same affect on all future wastewater customers in the Wastewater Service Plan Area, as may be amended.. 13-2-30. Application for service within the Service Plan Areas. Applications for water and wastewater service shall be made to the City Administrator. The City Administrator shall review the application in coordination with the Public Works Department and designate any improvement(s) required prior to provision of service. The applicant shall be responsible for all improvements which shall comply with the Specifications, which are hereby incorporated herein and made part of this code by this reference. Copies of the Specifications are available during regular business hours at the Public Works Department and may be purchased for a reasonable fee as determined by the City Administrator. 13-2-40. Application for service outside the Service Plan Areas. Applications for water and wastewater service outside of the Service Plan Areas shall be made to the City Administrator. Such applications shall contain information including, but not limited to, a map and description of the area proposed to be served, description of the proposed development and the water and wastewater improvements for same, and anticipated water and wastewater demand. The City Administrator shall review the application and make a recommendation to the City Council. If the City Council approves an application, the applicant must, prior to receiving service, pay in full the required fees in an amount two times greater than that assessed users within the Service Plan Areas and shall enter into a pre-annexation agreement with the City, if the subject property is within the City’s Municipal Planning Area. It shall be the sole discretion of the City Council to approve an application for water and/or wastewater service outside the Service Plan Areas and the terms and conditions of such service. 13-2-50. Existing private wastewater lines and systems. (a) Existing private wastewater lines shall be permitted to remain connected to the City wastewater system; provided, however, that the owners and users of such lines shall be solely responsible for operation and maintenance of the lines. The City shall have no responsibility for maintaining private wastewater lines. The owners and users of such private lines shall be responsible for any damage to the

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City wastewater system caused by their failure. (b) No person shall maintain within the Wastewater Service Plan Area any privy, privy vault, septic tank, cesspool or other facility intended for use for the disposal of sewage; provided, however, that any private wastewater system and/or septic system currently in existence shall be allowed to remain a private system maintained by the owners and/or users of the private system until such time as the system fails. The private wastewater system or septic service shall be abandoned in accordance with the standards and recommendations of the Chaffee County Public Health Department, which regulates septic systems. (c) Upon the occurrence of one of the following events, all properties in the Wastewater Service Plan Area within four hundred (400) feet of an established wastewater line or situated on a block abutting an established wastewater line shall be required to make a legal connection to the City’s wastewater system, in accordance with the Specifications, and pay the applicable fees, charges, and costs for new service then in effect: (1) The failure of an existing private wastewater line or system, defined as an event requiring

major changes, improvements or replacements to the line or system; (2) Expansion of existing structures served by private wastewater lines or systems that

increase the square footage by one hundred percent (100%) or more; or (3) The construction or installation of other structures on the property. 13-2-60. Existing domestic wells. (a) Any property within the Water Service Plan Area which is supplied with potable water using an adequate, safe, and adjudicated existing well may continue to use such well to provide potable water. (b) Upon the occurrence of one of the following events, all properties in the Water Service Plan Area within four hundred (400) feet of an established water line or situated on a block abutting an established water line shall be required to connect to the City’s water system, in accordance with the Specifications, and pay the applicable fees, charges, and costs for new service then in effect: (1) The failure of an existing well, i.e., the well cannot provide adequate and safe water, or

requires redrilling; or (2) Expansion of existing structures served by private well that increase the square footage

by one hundred percent (100%) or more; or (3) The construction or installation of additional structures on the property served by a

private well. 13-2-70. Credits for water rights. The City may, at its sole discretion, provide credit in an amount and form determined by City Council, to any person who conveys water rights to the City. Such credit shall be based upon the City's valuation of the water rights and shall not exceed the system development fee for the project.

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13-2-80. Service exclusive to user’s premises. No person receiving water from the distribution system or service of the municipal wastewater system shall permit or provide water or wastewater service to any other property separate or apart from such user's premises. 13-2-90. Location, installation and maintenance of meters. (a) All water meters shall be installed by the City in a location in conformance with the City's Specifications. The property owner shall provide meter yoke or shut off, meter pit, meter lid, corporation stop and meter fittings. Meters are the property of the City and will be supplied by the City and paid for by the property owner. The City shall maintain, test and repair all meters as required. The City shall, upon request and to the extent it deems reasonable, test water meters when a user has a reasonable basis therefore, that such meter is inaccurate or not functioning properly. The Public Works Director or his or her designee shall have the right to enter upon any property for the purpose of maintaining, testing, and repairing all meters accordingly. (b) The property owner or occupant of the property on which the meter is located shall maintain such property free of obstructions and vegetation which does or may interfere with the City's reading or service of such meter. (c) Upon prior written approval of the City Administrator, individual unit meters and billings may be used through a master meter for each building within a multiple dwelling unit complex, mobile home park, or similar multiple improvements development, or multiple occupancy, commercial or industrial building or facility. 13-2-100. Interference with water meter prohibited. It shall be unlawful for any person to tamper or interfere with any meter or meter seal or so arrange water service or piping so that the use of water will not activate the meter. 13-2-110. Interference with water and wastewater service prohibited. (a) It shall be unlawful for any person to tap any water or wastewater main, make any connection therewith or interfere, in any manner with water or wastewater service, its property, equipment, mains, valves or other appurtenances or to alter the position or flow of such services, mains, valves or appurtenances, unless authorized in writing by the City Administrator. (b) Any unusual demands to be placed on the water or wastewater system by a customer shall require notification of the City Administrator including but not limited to the emptying of swimming pools into the wastewater system. 13-2-120. Prohibited wastes. (a) No person shall discharge or cause to be discharged any of the following described water or wastes into any public sewer: (1) Any liquid or vapor having a temperature higher than one hundred fifty (150) degrees

Fahrenheit; (2) Any water or waste having a five-day biological oxygen demand (BOD) which may

contain more than one thousand (1,000) parts per million by weight as averaged during any

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twelve-hour period; (3) Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or

gas; (4) Any garbage that has not been properly shredded; (5) Any water or waste having a pH lower than five and one-half (5½) or higher than nine

(9), or having any other corrosive property capable of causing damage or hazard to structures, equipment or personnel of the sewage works;

(6) Any water or waste containing a toxic or poisonous substance in sufficient quantities to

injure or interfere with sewage process, constitute a hazard to humans or animals, create a public nuisance or create any hazard in the receiving waters requirement, particularly National Permit Discharge Elimination Standards (NPDES) effluent limit of the wastewater treatment plant;

(7) Any waters or wastes containing suspended solids of such character or quantity that

unusual attention or expense is required to handle such materials at the sewage treatment plant; (8) Any noxious or malodorous gas or substance capable of creating a public nuisance; (9) Any waste and refuse from septic tanks or cesspools; (10) Water from roof drains, sump pumps, foundation drains, roof leaders, air conditioner

drains and similar clear water connections; (11) Any waste will cause the Publicly Owned Treatment Works (POTW) to violate any

NPDES; (12) Any violation of the federal Clean Water Act will be cause for legal action against the

violating party; (13) Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics,

wood, animal manure, grit, brick, cement, rocks, carbide or any other solid or viscous substance capable of obstructing the flow of the sewers or other interference with the proper operation of the sewage works;

(14) Any radioactive waste or isotopes of such half-life or concentration as may exceed limits

established by the City in compliance with applicable state or federal regulations; (15) Any water or wastes which, by interaction with other water or wastes in the public sewer

system, release obnoxious gases, form suspended solids which interfere with the collection system, or create any condition deleterious to structure and processes; and

(16) Water or wastes containing substances which are not amenable to treatment or reduction

by the wastewater treatment processes employed by the City, or amenable to treatment only to such degree that the wastewater treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge of the receiving waters for the City's treatment facilities.

(b) It is unlawful for any person to introduce prohibited wastes as defined by this Chapter

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into the City wastewater system. For purposes of this Section, if a prohibited waste is being discharged from a property or premises into the sewer system, the occupant or tenant thereof shall be presumed to be the person who introduced said prohibited waste into the City wastewater system. (c) Persons introducing prohibited wastes into the City wastewater system may avoid prosecution by the City pursuant to Subsection (b) above, by incorporating pretreatment techniques approved by the City Administrator prior to conviction under such prosecution. 13-2-130. Duty to maintain and repair service lines and report damage to City. (a) The owner of any property connected to the water distribution system or wastewater system shall maintain, in good condition, at owner's expense, the service lines and all its appurtenances so as to prevent leaks, freezing, the waste of water or permit the inflow or infiltration of water into the wastewater, or interfere in any manner with the operations of said systems. (b) Any person who, in any manner, causes to be damaged or injured, any water or wastewater service lines or mains within the City shall, within twenty-four (24) hours after said damage has occurred, report said damages to the City, giving the following details: (1) The name and address of the person committing the damage; (2) The name and address of the person on whose property the damage has occurred; (3) The location of the damage; and (4) The time at which the damage occurred. The Public Works Director or his or her designee shall examine the damage and, if the damaged water and/or wastewater service lines or mains belong to the City shall order the repairs to be completed and send a bill to the person causing the damage for the amount of money reasonably required to repair said damage. (c) The City Administrator shall direct the owner of the property to repair, at owner's cost, any leak, break or malfunction in the service line or its appurtenances. The City shall, if it deems necessary, shut off water to such property during any repair. If the owner fails to repair the service line or its appurtenances as directed by the City, the City Administrator shall cause such work to be done and charge the cost thereof to the owner. The expense incurred by the City for the repair, plus an additional ten percent for administrative expenses, shall be assessed and collected as set forth in Section 13-3-100 of this Code. (d) If an owner fails to pay any charge required by subsections (b and (c), the City Administrator may, in addition to any other remedies, certify to the City Clerk the legal description of the property upon which the work was done together with the name of the owner as last shown by the tax rolls of the county, together with a statement of the work performed, the date of the performance and the cost. 13-2-140. Water and wastewater main extension. Any developer seeking to extend water or wastewater mains must, prior to construction, submit plans and specifications for such improvements to the City Administrator, which shall be in compliance with all applicable codes and the Specifications, along with inspection fees related to such main

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extensions, in the amount set by City Council resolution, as may be amended from time to time. All water and wastewater system improvements shall be warranted (in a form acceptable to the City and in compliance with applicable codes and requirements) by the developer or subdivider after the date of acceptance by the City as more particularly described in Chapter 16 of this Code. 13-2-150. Cost of water and wastewater main extension. The developer or subdivider extending water and wastewater mains shall be responsible for all costs of such improvements. Such costs include, by example only and not limitation, materials, engineering, surveying, acquisition of easements, legal fees, construction, inspection and testing. The City Administrator shall direct the Public Works Director or the City Engineer to conduct all required inspections and testings at the expense of the developer or subdivider. 13-2-160. Credits for water and wastewater service extension. The City, at its sole discretion, may credit developers or subdividers who have, at their cost, constructed water and wastewater mains. Such credit, if granted, shall be in the form of an agreement approved by City Council and may, by way of illustration, consist of rebates through the imposition of surcharges on system development fees for those utilizing and/or benefited by the construction of the water and wastewater systems. 13-2-170. Credit for oversized mains. The City Council may, upon recommendation of the City Administrator, enter into agreements to compensate a developer or subdivider who installs oversized mains to provide additional capacity for future growth or use. Such compensation may be in the form of monetary payments or rebates through the imposition of surcharges upon system development fees for those utilizing and/or benefited by the oversized mains. 13-2-180. Water and wastewater permits and fees. No building permit shall be issued until all applicable water and wastewater permit requirements and fees as required by Article III of this Chapter have been satisfied as determined by the City Administrator. 13-2-190. Tap abandonment and tap transfers. (a) A tap shall be conclusively deemed abandoned if water and/or wastewater service is not constructed and established within one year of payment of the system development fee. For purposes of this section, establishment of water and/or wastewater service may be satisfied by the issuance of a valid building permit for the structure intended to make use of the tap, provided such building permit does not subsequently expire or become void. (b) Taps are appurtenant to the property served and are non-transferable except upon approval by City Council 13-2-200. Refunds. Within ninety (90) days of the abandonment of a water and/or wastewater tap purchased after June 1, 2011, the owner of the property for which a tap has been issued may request, and the City shall refund 97% of the system development fee initially paid for the tap if the following conditions have been

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met: (1) no building permit has been issued for the structure originally contemplated to be served by the tap, or if such a building permit has been issued, the building permit has expired or has been voided by the Building Official, and such is acknowledged in writing by the owner; (2) the owner, beneficiary of all deeds of trust on the property, and all persons with a financial interest of record in the property from which the tap refund is being requested, execute and record an affidavit in a form acceptable to the City Attorney in the records of the Chaffee County Clerk and Recorder affirming that the refund has been made and no further financial interest in the abandoned tap exists; and (3) the tap has not been transferred to any other property as may be permitted by this Title, or otherwise. No refunds shall be issued for prepaid system development fees purchased pursuant to an annexation or development agreement. 13-2-210. Discontinuance of water or wastewater service. Any property owner who desires to disconnect a water or wastewater service line must give written notice to the City. Discontinuance of service at any location within the City water/wastewater operation shall be done pursuant to authority of the City Administrator, who will authorize the disconnection of the service line at the main. A water or wastewater service line which is not disconnected at the main as provided for in this Section shall continue to be the responsibility of the property owner whose property was served. The Public Works Department will perform any service line disconnection; provided, however, that at the discretion of the City Administrator the customer may perform the disconnection. The property owner will be required to pay for the costs incurred by the Public Works Department to disconnect the service line. 13-2-220. Resolution of existing credits. All remaining EQR credits shall be based upon the equation that one EQR is equivalent to one 3/4 inch tap. Such credits shall not exceed the current system development fees for each building or improvement. 13-2-230. Change of use. (a) If a property changes in: (1) classification (i.e., residential to commercial or vice versa); (2) number of residential and/or accessory units; (3) size of water or wastewater service line; or (4) type of commercial use involving change of assigned EQR value, the customer is required to notify the City within thirty (30) days of the change of use so the account may be updated. The customer shall be responsible for the payment of additional any system development fees within thirty (30) days of issuance of the bill by the City. In cases where a building permit is required, no building permit shall be issued prior to payment of the required fees. New service charges will be assigned based on the current use of the property to be effective with the date of the change of use. (b) Failure to timely report a change of use can subject the property to penalties up to and including double the fees and usage charges for the new usage during the time the change was not reported. When a change of use that has not been reported is identified by the City, a notice will be issued of the change in rates to the property owner, and new rates will be billed for the current billing period. 13-2-240. Water conservation.

(a) The City Administrator, in consultation with the Water Plant Manager, is authorized to impose whatever mandatory restrictions and regulations limiting lawn and landscape irrigation as necessary to protect the City's treated water system, including but not limited to total curtailment of outdoor irrigation and other external treated water uses. The restrictions imposed by this Section shall

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apply equally to the City water customers within the City limits and without the City limits. If any outdoor irrigation restrictions have been imposed, customers with new landscaping, such as new sod or grass seeding, may apply to the City Administrator for the issuance of a permit exempting such customer, in whole or in part, from such restrictions.

(b) The City has adopted a Water Conservation Plan, which Plan is available for review by

the public at City Hall and may be amended by resolution of City Council. The Water Conservation Plan addresses, among other measures, conservation goals, measures and programs.(Ord 2013-13)

(c) In the event of a major fire, flood or any other emergency that requires the immediate

curtailment of the use of water from the distribution system, the City Administrator may make such restrictions as deemed necessary for the protection of the public, in the manner described herein. It shall be unlawful for any person to violate such order. 13-2-250. Right of entry. The City Administrator may, when reasonable cause exists, with or without a warrant issued by a court of competent jurisdiction, including the municipal court, enter upon any property for examination of same to determine whether such is in violation of the requirements, Specifications, or regulations of this Chapter and shall be free from any action or liability on account thereof. Such authority does not permit entry into any structure without consent of a court order or under other circumstances permitted by law. 13-2-260. Discontinuation of service. When, as a result of notification or an inspection by the City Administrator of a condition involving a violation of the requirements, Specifications or regulations of this Chapter resulting in a health or sanitary hazard as determined by the City Administrator, the City Administrator shall immediately discontinue service to the premises until the premises is in conformance with this Chapter. 13-2-270. Responsibilities - wastewater - damages - clean-up. (a) The City shall be responsible only for the repair and maintenance of wastewater main lines. The responsibility for and the expense and cost of maintaining and repairing and replacing any lateral (service) wastewater line from the point where such lateral taps (connects) the main line to the boundary, or any other area of the user's property, and the wastewater line upon or within the user's property shall be the responsibility of the property owner and paid for by the property owner served by any such lateral. Except as required by law, the City shall not be responsible to any person, property owner, firm, entity, business, or corporation for any damages caused by blockage of either a wastewater main or wastewater lateral. The fact that blockage has occurred shall not create any presumption of negligence or responsibility on the part of the City or City employees, agents or representatives. (b) Notwithstanding the foregoing, the City Administrator or his designee may, without admitting, acknowledging, assuming or agreeing to responsibility or liability, authorize and effect the clean-up of any sewage backup which, in his opinion based upon the information available to him at the time of the backup, may have been caused by blockage of the wastewater main. The City will not provide clean-up services for back-ups caused by blockage of the lateral line, nor pay for damages to real or personal property, except if required by law. Under no circumstances shall the arrangement by the City to provide this service constitute an admission of responsibility or liability of any kind, nor shall this service by the City result in such responsibility or liability to the City, except by operation and application of law. (c) The City may perform repair or maintenance of water or wastewater service lines with or

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without the request of the person responsible for such lines if the City Administrator considers such work to be necessary to the public health and welfare and/or the general maintenance of the water and/or wastewater systems. The expense incurred by the City for the repair, plus an additional ten percent for administrative expenses, shall be assessed and collected as set forth in Section 13-3-100 of this Code. 13-2-280. Request for design waiver. (a) Any person who believes that application of the Specifications and other applicable design standards for installation of water and/or wastewater facilities would result in undue or unnecessary hardship may request a waiver to deviate from the strict application of such Specifications and applicable design standards. The design waiver application shall include: (i) a plans and specifications for the alternate utility design proposed; (ii) an explanation of the hardship presented by following the Specifications and other applicable design standards; and (iii) engineering detail and narrative concerning the impact of the proposed alternate design to the public health, safety, and welfare. Design waiver applications shall be submitted to the City Administrator who, after consultation with City staff and review of the alternate utility design proposed, shall issue a written decision either granting or denying the design waiver request. Such waiver or modification shall be granted only for good cause shown and must not cause the City violate any federal, state, or local laws. (b) Approval by the City Administrator of designs, plans, or other submittals for a waiver or modification of the Specifications shall not relieve the customer or developer from the obligation to comply with the provisions of this Chapter. 13-2-290. Violations. It is unlawful for any person to violate any of the provisions stated or adopted in this Chapter. Any person violating any of the provisions of this Chapter shall be subject to penalties imposed by the City Administrator, in his or her discretion including: (1) The suspension of water and/or wastewater service to the property, subject to notice and hearing provisions provided by statute and Section of this Chapter; (2) Treatment of the offense as a misdemeanor pursuant to the general penalty provisions set forth at Chapter 1, Article IV of this Code; (3) Collection action for unpaid fees, rates, and charges, as provided in Section 13-3-100 of this Chapter; and (4) Any other available remedy provided by law. 13-2-300. Appeals. A customer or property owner may protest the final decision of the City Administrator made pursuant to this Chapter by filing a written appeal with the City Clerk within thirty (30) days after the issuance of such final decision. The appeal will be heard by the City Council within thirty (30) days of filing such appeal with the City Clerk. Any action or decision of the City Council made in response to an appeal under this Chapter shall be final.

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ARTICLE III. Water and Wastewater Fees, Rates and Charges 13-3-10. Customer classes/definitions. (a) For the purpose of establishing rates and charges for water and wastewater services the following classes of customers are hereby established: (1) Residential single-family - Water and/or wastewater services provided to exclusively

residential property upon which one dwelling unit only or a primary dwelling unit with an accessory dwelling unit not available for rental is located;

(2) Residential multi-family-Water and/or wastewater services provided to exclusively residential property upon which the structure or structures served contain more than one living unit, including a primary dwelling unit with an accessory dwelling unit available for rental; (3) Commercial-Water and/or wastewater services provided to property which is neither single family residential, multi-family residential, nor for irrigation only, as those classes are defined herein; (4) Irrigation - Water services only provided to property solely for the purpose of irrigation; and (5) Bulk water – water provided through a hydrant meter or from a bulk water fill station. (b) The City Administrator shall determine the appropriate class to be applied to each customer. (c) Changes in use shall be administered pursuant to Section 13-2-230. 13-3-20. Application for new service. (a) Application to the City for new water and/or wastewater service shall be made by the owner or agent of the property upon forms furnished by the City. Pursuant to 13-2-190, any service shall become null and void and any fees paid thereunder shall be forfeited to the City, unless a building permit has been issued.

(b) Any transfer of ownership interest in a property served by water service must be reported within fifteen (15) days of the transfer. Property transfers facilitated by a local closing company will usually include the application for service transfer. Otherwise, the new owner must make application to transfer water service on forms provided by the City.

(c) The City Council shall adopt by resolution, as may be amended from time to time, water

and wastewater system development fees intended to meet the City’s capital infrastructure and water rights acquisition demands. Each building shall have at least one tap as provided in Section 13-4-20. (d) Where any defined part of the Water and Wastewater Service Plan Areas depends for its potable water or wastewater service on a pumping station, storage tank, or discrete facility owned and maintained by the City, the City Council may establish and charge a system development fee surcharge to fund capital improvements serving that zone. The zone surcharge shall be based on the pro-rata cost to each applicable customer of the facility and its maintenance or other service provided by the City. Zone surcharges shall be designated by resolution of the City Council, as may be amended from time to time.

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(e) System development fees for water delivered outside the Water Service Area and wastewater charges for users of the City's wastewater system who deposit wastewater into the system at a location outside of the Wastewater Service Area shall be double the fees as would apply to customers in the Water Service Area and/or Wastewater Service Area. (f) New services charges shall commence at either: 1) Meter installation; 2) Issuance of a Certificate of Occupancy; or 3) One hundred eighty (180) days after payment of system development fees,

whichever occurs first. 13-3-30. Water and wastewater rates and charges – generally. (a) Water charges and wastewater charges shall be calculated and billed on a schedule established by resolution of City Council, as may be amended from time to time. (b) Water charges for all water delivered by the City shall consist of a fixed service charge and a volume charge which is based on the actual quantity of water delivered as prescribed by separate resolution of the City Council, as may be amended from time to time. The service charge shall be billed to each customer regardless of whether any volume charge is made. (c) Wastewater charges for all users of the City's wastewater system shall consist of a fixed service charge and a volume charge, described as follows, which is based upon the quantity of water delivered to the customer, all as prescribed by separate resolution of the City Council, as may be amended from time to time. (1) January through March billings (winter billing) – the volume charge will be based on the

water meter reading for this period. (2) April through December billings (summer billing) – the usage will be based on the

average water usage for the preceding January through March billings. The average will be calculated each year. If a billing period has zero usage, it will not be included in the calculation of the average. (Ord. 2012-07)

(3) For new single family residences established in the summer billing period for which there

is no account history during the preceding winter billing period, the customer shall be charged for actual usage up to, but not to exceed, the current billing period rate for a single family residence that is not a water customer. The customer may elect to be charged on actual usage rather than the flat rate.

(4) For other new accounts established during the summer billing period for which

there is no history during the preceding winter billing period, the customer shall be charged for actual usage up to, but not to exceed, the billing period rate for similar accounts that are charged by EQRs rather than water usage.

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(5) When title to a property is transferred, the final bill during the winter will be based on water usage, and during the summer, billing will be based on the average winter billing from the preceding winter billing period and prorated based on the number of billing days covered by the final bill.

(6) The volume charge for commercial customer class shall be determined based on the

actual quantity of water delivered during each billing cycle; (7) There shall be no wastewater charges assessed to any irrigation or bulk water class

customer, provided that such water is separately metered; and (8) A commercial customer may apply to the City Administrator for a credit for wastewater

volume charges for water used to irrigate large vegetated areas. Such credit will be determined based on historical usage patterns and irrigation practices to estimate the volume of water usage requiring wastewater treatment.

(d) Wastewater-only users shall be assessed service fees according to the equivalent residential unit (EQR) schedule adopted by resolution of City Council, as may be amended from time to time. (e) The owner of a property receiving only wastewater service may apply for a reduction of wastewater service charges if the property or an entire floor of the building receiving service has been continually vacant and unused for one (1) year. If the City Administrator is satisfied that the property or floor has been vacant for at least one (1) year, the service charge may be discounted fifty percent (50%) commencing as of the date of the owner's application. The owner of the property shall immediately notify the City upon the property’s re-occupation, at which time wastewater service charges shall again be assessed in full. In the event that the owner fails to notify the City of re-occupation, the property shall be assessed the wastewater service charge for the new use from the date when the property were first granted the discount. (f) Water charges for water delivered outside the Water Service Area and wastewater charges for users of the City's wastewater system who deposit wastewater into the system at a location outside of the Wastewater Service Area shall be double the charges as would apply to customers in the Water Service Area and/or Wastewater Service Area. (g) The City reserves the right to assess special fees and/or service charges by surcharge in an amount determined by the City Council, as may amended from time to time, to uniquely situated properties requiring specific infrastructure improvements or treatment methods. (h) City personnel with appropriate level of certifications are authorized to perform laboratory services and accept outside septage from customers inside or outside of the Service Plan Area and to make by-products from that may be sold to public. Fees for such services shall be established by resolution of City Council, as may be amended from time to time, and shall be paid directly to the City. (i) The City reserves the right to assess additional administrative fees related to water and wastewater service in an amount determined by the City Council, as may amended from time to time. (j) All water and wastewater accounts shall be kept in the name of the owner of the property and not in the name of any tenant, and only the owner or his or her legally authorized agent shall be held responsible for all fees and charges, including penalties. Should the owner desire a tenant to receive the

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water bill, the owner will be required to complete an owner's contract instructing the City to send the bill to the tenant, but acknowledging the owner's liability for the charges. It shall be the owner's responsibility to notify the City when the tenant changes or vacates the property. 13-3-40. Temporary disconnection. Upon request of the customer, the City will temporarily disconnect the premises from water services. A fee to be determined by resolution of the City Council, as may be amended from time to time, shall be assessed in conjunction with the temporary disconnection, and an additional fee assessed upon reconnection. The service charge for water services and for wastewater services shall continue to accrue during the period of temporary disconnection. Temporary disconnections provided herein shall not apply to disconnections and subsequent reconnections necessitated by unforeseeable emergencies. 13-3-50. Payment of water and wastewater charges. (a) Water and wastewater charges shall be billed to the customer as soon as practicable. The obligation to pay for water and wastewater charges shall not be affected by the failure of the owner, occupant or customer to receive a statement of services. (b) A delinquent charge to be determined by resolution of the City Council, as may be amended from time to time, shall be assessed if water and/or wastewater charges are not paid in full. (c) Water service is subject to termination when charges for either water services or wastewater services remain delinquent for an extended period of time, as determined by resolution of the City Council, as may be amended from time to time. 13-3-60. Water charges and service line leaks or breaks. (a) Notwithstanding a customer’s obligation to pay for water and wastewater services provided by the City, and a property owner’s duty to maintain and repair the property’s service lines and its appurtenances, a customer may receive a one-time credit in the amount of fifty percent (50%) of the excess usage on the customer’s current water bill where a substantial increase in the usage over its historic use is the result of a leak or break in the property’s service line or its appurtenances. (b) To be eligible for such credit, the customer must: (1) Be the owner or the renter of record of the property upon which the leak or break occurs; (2) Have taken immediate action to repair the leak or break upon its discovery; and (3) Submit an application for a credit to the City Administrator within thirty (30) days of

receipt of the applicable service bill; and (4) Submit documentation verifying appropriate repairs have been completed. (c) Application forms are available at City Hall and such applications shall require, in part that the customer/property owner demonstrate to the City Administrator’s satisfaction that the leak or break was not the result of the property owner’s negligence. (d) Upon receipt of all required information, the City Administrator shall credit the customer’s bill for the difference between the average historic use and the increased use resulting from

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the leak or break, in the amount of fifty percent (50%) of the excess usage charged on the customer’s current bill. (e) Nothing contained herein, including any credit received by a customer, shall be deemed by the City as an admission of liability or waiver of any rights, limitations, and protections afforded it by the Colorado Governmental Immunity Act, C.R.S. 24-10-101, et seq., as may be amended or as otherwise provided by law. 13-3-70. Termination of service for non-payment. (a) Written notice of a proposed termination of water service for non-payment of water charges or wastewater charges shall be mailed to the last known address of the customer as shown by the City's records when the account became delinquent. The notice shall advise that water services are subject to termination on the date specified in this Chapter. Such notice shall also be mailed to the owner of the property served at the address as shown by the records of the county assessor. (b) At least twenty-four (24) hours before actual termination and disconnection of water services, a notice of such termination shall be delivered to the occupants of the property served. If the occupants are not present at the property, the notice shall be posted on the property. (c) Prior to the date designated for termination of service, the customer or owner may request a conference with the City Administrator for the purpose of determining whether termination of service is appropriate. If a conference is not timely requested, or if payment of all charges is not received or other arrangements satisfactory to the City Administrator made for payment prior to 5:00 p.m. on the date specified in the notice for termination, water services shall be terminated and such services shall not be reinstated until the cause for termination has been cured. If a conference is timely requested, termination of service shall be deferred until the conclusion of the conference. The determination of the City Administrator shall be final and administrative remedies shall be considered exhausted. (d) In addition to all other charges as set forth in this Chapter, a charge to be determined by resolution of the City Council, as may be amended from time to time, shall be assessed upon termination of water and/or wastewater services. . 13-3-80. Reinstatement of service after termination for non-payment. A customer or property owner who has had services terminated for non-payment of water or wastewater charges may have service reinstated during regular business hours by paying at City Hall all accrued arrearages, including all delinquent and termination charges, and a reinstatement charge to be determined by resolution of the City Council, as may be amended from time to time. 13-3-90. Billing—appeals. (a) The owner of the property receiving a bill or invoice believed to be in error may protest said bill in writing to the City Administrator within thirty (30) days after the receipt thereof. The City Administrator shall respond to the protest in writing. If the property owner is dissatisfied with the disposition of the protest by the City Administrator, the property owner may, within fifteen (15) days after the date of the disposition by the City Administrator, appeal the City Administrator's decision to the City Council by filing a written notice of such appeal with the City Clerk. Thereafter, the appeal will be heard by a hearing officer or committee appointed for such purpose by City Council. (b) Any bill sent by the City which is not protested shall be final; any bill on which the City

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Administrator has ruled on a protest shall be final, unless appealed to the City Council; and any decision of the City Council shall be final. 13-3-100. Owner responsibility - lien upon property served. (a) The owner of the premises served shall be responsible to the City for the payment of all water and wastewater fees and charges arising out of the provision of such services to the owner's property. Such liability shall be joint and several with that of the customer and shall not relieve the customer from his/her obligation of payment for services when the customer is different from the owner. (b) All water and wastewater fees and charges prescribed by this Chapter, together with interest, penalty and reasonable costs of collection, including attorney’s fees, shall constitute a perpetual and continuing lien upon the property to which water or wastewater services are provided. The penalty and interest shall be assessed at a rate equivalent to that which is assessed by state law upon delinquent general property taxes. Such lien shall have priority over all other liens except general taxes and shall, upon the City’s certification and filing with Chaffee County, be collected and paid to the City by the County Treasurer in the same manner as delinquent general property taxes. (c) For individually owned properties within multi-family residential structures and/or multi-unit commercial structures to which water is furnished by means other than by metering the consumption of each individually owned unit, the lien for unpaid water and wastewater fees, service charges, interest, and costs imposed by this section attaches upon each unit in an amount computed by dividing the total amount of the lien by the number of units served through the master meter. (d) The City may enforce the lien against the property, or the personal liability of the owner and customer, or both. 13-3-110. Unauthorized use. (a) It is unlawful for any person to connect to, use, or take any water from the City water system without a valid permit and or payment of all required fees and user charges. Unauthorized use shall include, but shall not be limited to, the use or acquisition of water from fire hydrants, illegal connections to the water system, straight-though pipes at the water meter pit, or by breaking the seal or lock on a water meter or bypass line. (b) The unauthorized user shall be responsible for all water used and in determining such amount and cost, which cost shall be based upon the City’s then current rate, the City may use any reasonable method which includes, but is not limited to, previous account history and standards of usage pertaining to the type of unauthorized use.

ARTICLE IV. Cross-Connection Control

13-4-10. Legislative intent. It is the intent of the City Council to protect the City’s potable water distribution system from contamination or pollution by backflow from an owner's internal distribution system or private water system, and to provide for the maintenance of a continuing program of cross-connection control, which will systematically prevent the contamination or pollution of the City’s potable water distribution system.

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13-4-20. Separate water connections required.

(a) Purity of supply shall not be impaired by cross-connections.

(1) Every person owning or occupying a premise receiving municipal water supply shall maintain such municipal water supply free from any connection, either of a direct or of an indirect natural, with a water supply from a foreign source, or of any manner of connection with any fixture of appliance, whereby water from a foreign supply or the waste from any fixture, appliance, waste or soil pipe may flow, by siphoned or pumped into the piping of the City water system. (2) No person shall establish or permit to be established, or maintain or permit to be maintained any cross connection. No interconnection shall be established whereby potable water from a private, auxiliary or emergency water supply other than the regular public water supply of the City may enter the supply or distribution system of the City.

(b) Each lot shall be served by a separate water service line and a separate water meter with a separate connection to the water main. A variance from this requirement, based on the configuration of the lot, may be granted by the Public Works Director. (c) When the ownership of any lot is divided, each lot under separate ownership must be served, if at all, by a separate water service line separately tapped to the main. In the event that tracts being so divided are served by a common water service line, the water service line in existence shall serve the lot to which it most immediately runs, and all other lots under separate ownership receiving water from said service line shall, within sixty (60) days of the transfer of title to the real property, obtain their own separate water service lines and pay appropriate fees for new service. (d) A separate water service line and a separate water meter are required for each building located on a lot unless one of the following exceptions applies to the structure:

(1) Accessory dwelling units must be served by the same water service as the primary dwelling unit. (2) For a property with multiple buildings or dwelling units that are required to have separate meters for each building or dwelling unit, the Public Works Director will determine whether separate taps for each meter or a meter bank with one (1) tap into the water main should be made based on the configuration of the lot, buildings and the water main. (Ord 2013-13)

13-4-30. Procedure upon discovery of cross-connected water lines. (a) It is the policy of the City that all lots shall be primary lots. The owner of any lot which is a secondary lot shall, at his or her expense, cause the water service line of said secondary lot to be connected directly to a main, install a meter and meter pit, and pay any required fees. (b) Whenever the City Administrator discovers or learns that any lot is in fact a secondary lot, he or she shall notify the owner thereof to connect the water service line of said secondary lot directly to a main within six (6) months after the date of the notice. The City Administrator will cause the notice to be mailed to the owner of the secondary lot by certified mail, return receipt requested, at the address for the owner which appears in the records of the County Treasurer, or the City Administrator may cause

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such notice to be served upon the owner personally. The notice shall contain within it or attached to it a copy of this Section. (c) Any person who receives a notice pursuant to the foregoing Paragraph (b) who fails to connect his or her secondary lot directly to the main within six (6) months after the date of the notice commits a misdemeanor. Each day following the six (6) months from the date of the notice during which the water service line from the secondary lot is not connected directly to a main shall be a separate misdemeanor. Each owner of a secondary lot shall be guilty of such misdemeanor each day the secondary lot remains not connected to a main. (d) If any secondary lot is not connected directly to a main within six (6) months after the owner has received notice to do so, the City Administrator may take whatever steps he or she deems reasonable and appropriate to disconnect such secondary lot from the City's water service. In doing so, he or she may, with the consent of the owner of any primary lot, disconnect said secondary lot water service line from the primary lot water service line to which it is attached. If the owner of any such primary lot fails to allow the City Administrator to disconnect the water service line serving such a secondary lot from the water service line serving such a primary lot, then the City Administrator may disconnect both the secondary lot and the primary lot from water service at the point where the water service line enters the main. (Ord 2013-13) 13-4-40. Backflow prevention assemblies. (a) Building plans. All building plans involving water/wastewater service, plumbing plans for additions or alterations to existing plumbing systems, and/or irrigation system installation shall be reviewed by the City Administrator and must be approved prior to the issuance of a building permit. (1) Submitted plans must show: (i) Water service type, size and location. (ii) Meter size and location. (iii) Backflow prevention assembly size, type and location. (iv) Fire sprinkler systems service line, size and type of backflow prevention assembly. (b) Installation. All approved backflow prevention assemblies used to comply with this Chapter shall be installed: (1) At the owner’s expense; (2) In accordance with the Colorado Cross-Connection Control Manual; and (3) In accordance with Chapter 18 (Building Regulations).

(d) Maintenance. It shall be the sole responsibility of the property owner to ensure the backflow prevention assembly is kept in good working order through ongoing operation, maintenance, repair, and replacement.

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ARTICLE V. Watershed Protection 13-5-10. Purpose. The purpose of this Article is to promote the health, welfare and safety of the inhabitants of the City of Salida by maintaining and protecting the City’s watershed and waterworks from damage, harm or injury, and preventing pollution of the City’s water supply, without creating an undue hardship on activities that promote the protection of the City’s watershed and waterworks. 13-5-20. Definitions. As used in this Article, the following terms shall have the following meanings: Best Management Practice means an effective means of preventing or reducing harmful effects of land use activities, and includes recommended methods, structures and practices designed to prevent or reduce pollution of the air, land and/or water from these activities. Best Management Practices may be found in various publications, manuals and documents of the Colorado Department of Public Health and Environment, Colorado Department of Transportation, and other sources that may be acceptable to the City of Salida. Director means the City Administrator or his/her designee or representative. Diversion or divert means removing water from its natural course or location, or controlling water in its natural course or location by means of a ditch, canal, flume, reservoir, bypass, pipeline, conduit, well, pump, or any other structure or device. Exigent circumstances means any situation where there is imminent danger of loss of life, harm by injury or damage to or destruction of property, or any other dangerous or harmful situation regarding the public health, safety and well being. Mining or mineral resource extraction (1) Mineral means an inanimate constituent of the earth in a solid, liquid, or gaseous state which, when extracted from the earth, is useable in its natural form or is capable of conversion into a useable form as a metal, metallic compound, or compound, or chemical, an energy source or a raw material for manufacturing or construction material, but does not include surface or subsurface water. (2) Mining and extraction mean any removal or development of a mineral from its natural

occurrence on affected land or from a water course and includes, but is not limited to, drilling, blasting, scaling, crushing, tunneling, excavating, dredging, panning, or sluicing, and includes any tailings piles, tailing ponds, waste dumps or concentration, milling, evaporation or other on-site processing activities or any buildings, structures or machinery used in such operation. AMining@ and Aextraction@ do not include hand panning or the use of battery powered concentrate wheels or mini-sluices.

Permit means any permit issued pursuant to this Article. Permittee means a person issued a permit. Person means and shall include a firm, company, organization, partnership, entity, agency, corporation,

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association, or other organization acting as a group or unit as well as an individual. It shall also include an executor, administrator, trustee, receiver, or other representative appointed according to law. Whenever the word “person” is used in any section of this Chapter prescribing a penalty or fine, as to firms, associations, and other organizations, the word shall include the partners, members, or agents who are responsible for any violation of such section hereof, and as to corporations, shall include the officers, agents, or members thereof who are responsible for any violation of this Chapter. A “person” includes the singular and the plural. Pollutant means dredged spoil, dirt, slurry, solid waste, incinerator residue, sewage, sewage sludge, garbage, trash, chemicals, chemical waste, biological nutrient, biological material, temperature changes, radioactive material, heat, wrecked or discarded equipment, rock, sand, cellar dirt or any industrial, municipal or agricultural waste. Pollution means the people-made, people-induced or natural alteration of the physical, chemical, biological, or radiological integrity of water. Watercourse means any and all rivers, streams, creeks, intermittent washes, gullies, tributaries, reservoirs, lakes, ponds, wetlands or other types of natural or people-made water bodies, including structures or devices to channel water to, or control or retain water within the watercourse, and further includes all groundwater tributary thereto. Waterworks means all components of the City’s water supply system, including but not limited to all equipment, diversion structures, dams, canals, ditches, flumes, pipelines, conduits, reservoirs, drains, wells, pumps, buildings, structures, roads, watercourses and other facilities necessary for the construction, maintenance and operation of the water supply system. Wetland means those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands includes by illustration swamps, marshes, bogs and similar areas. 13-5-30. Jurisdiction. Pursuant to Section 31-15-707(1)(b) C.R.S., the City’s jurisdiction under this Article shall extend over the territory occupied by the City’s waterworks and over the stream or source from which the water is taken for a distance of five (5) miles upstream from and/or above the point(s) at which water is diverted or impounded by the City. 13-5-40. Map. The City shall prepare, maintain, and update a map known as the AWaterworks Permit Map@ designating the area(s) subject to the City’s jurisdiction pursuant to this Chapter. The Waterworks Permit Map is incorporated herein by reference and shall be available for inspection at City Hall. 13-5-50. Interpretation and construction. Nothing in this Article shall infringe upon the authority of any other municipality, county, or other governmental entity to regulate land use or activities within their respective jurisdictions on lands outside the corporate limits of the City of Salida that are also within the City’s jurisdiction pursuant to this Article. Notwithstanding, any lawful regulations, permits or approvals issued by any state or federal agency, municipality, county, or any other governmental entity concerning land use or activities on land

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that is also within the City’s jurisdiction described in this Article shall not, in any way, infringe upon, limit, or supersede the terms and conditions of any permit validly issued pursuant to the provisions of this Article and the authority hereunder to regulate such activities and land use. 13-5-60. Regulated activities. The City has determined that the activities set forth below may harm the City’s waterworks or pollute the City’s water supply. Subject to the exceptions provided for in Section 13-7-70 below, it shall be unlawful for any person to engage in any of the specified activities within the area of the City’s jurisdiction as defined in this Article without first obtaining a permit from the City authorizing such activity: (1) Excavation, dredging, filling, grading, or compaction of any topsoil, sand, rock, dirt, or

other material over an area in excess of 0.5 acre. The area disturbed by the construction and maintenance of a driveway to a single family residence shall not be included in the calculation of the 0.5 acre threshold under this section;

(2) Any surface or subsurface mining or mineral resource extraction, including any and all

oil and/or natural gas extraction or mining; (3) Use of any restricted use pesticide (RUP), herbicide, fungicide, rodenticide, insecticide or

any other chemical for eradication or control of any plants or animals that is within one hundred (100) feet of any watercourse;

(4) Removal of any vegetation or trees by any method over an area in excess of 0.5 acre; (5) Construction, maintenance and/or operation of any sewage treatment disposal system

with an average design capacity greater than 2,000 gallons per day; provided that any sewage disposal system with an average design capacity less than or equal to 2,000 gallons per day is also subject to regulation under this Article if it is not installed, operated and maintained in compliance with all applicable laws, rules, regulations, permits, and Best Management Practices which condition is met if Chaffee County regulations are adhered to, or is located within one hundred (100) feet of any watercourse;

(6) Any of the activities prohibited in this section regardless of the amount of acreage

affected if such activities are located in or within one hundred (100) feet of any water course, and/or if such activity is associated with the construction of any water diversion, storage or conveyance structure, including but not limited to such structures as diversion headworks, dams, canals, ditches, flumes, pipelines, conduits, reservoirs, drains, wells, (excluding domestic wells serving less than three (3) residences) and pumps, and further including any equipment, buildings, structures, roads, and other facilities necessary for the construction, maintenance and operation of the structures.

(7) Alteration, improvements or modifications of any watercourse; (8) Dumping, depositing or discharging any pollutant into any watercourse, or dumping,

depositing or storing any pollutant on land within 100 feet of any watercourse; (9) Construction, maintenance and/or operation of a surface or subsurface tank that stores

chemicals, chemical waste, biological nutrient or material, radioactive material, petroleum product, or any industrial, municipal or agricultural waste, excepting residential propane tanks

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and septic systems not covered under subsection (5) above; (10) Construction of any impervious surface with an aggregate area greater than 25,000 square

feet that could direct any contamination or pollutant toward a watercourse or City waterworks; (11) Construction and operation of a feedlot unrelated to current farming and ranching

operations; and (12) Any other activity that will cause material injury, damage or harm to the City’s water

works or pollution of the City’s water supply as reasonably determined by the City based upon the written recommendation of a licensed engineer or qualified professional which specifies the cause and extent of such injury, damage, harm or pollution.

Any limitation on acreage imposed by this section includes the cumulative amount of acreage encompassed by any and all proposed activities by any person on any contiguous or noncontiguous parcels of land that are part of the same plan, project or development. 13-5-70. Activities which require no permit. This Article shall not apply to and no permit shall be required for the following activities: (1) Any activity that is a lawful use of any land or structure, where such use and such structure existed prior to the time this Article was adopted by the City. Any change or enlargement of any pre-existing use of land, or changes to any pre-existing structure, made after adoption of this Article, including any modification, alteration or expansion, except ordinary maintenance, as determined by the City, is subject to the provisions of this Article. For purposes of clarification, any portion of any activity that has obtained approval from any state or federal agency, municipality, county or any other governmental entity, but that has not yet commenced, is not a pre-existing activity or use. (2) The following activities are allowed within the area of the City’s jurisdiction as defined in this Article, provided that there is adherence to Best Management Practices: (a) Road maintenance by governmental entities; (b) Construction or maintenance of farm or ranch roads, irrigation ditches or ponds, where such roads or ponds are constructed and maintained to assure that flow and circulation patterns and chemical and biological characteristics of all surface and groundwater resources are not impaired, and that any adverse effect on the aquatic environment will be otherwise minimized; (c) Normal farming, silviculture, and ranching activities such as plowing, haying, seeding, cultivating, minor drainage, harvesting for the production of food, fiber, and forest products, upland soil and water conservation practices, or livestock grazing; (d) Normal maintenance of ponds, bridges, riprap, and drainage and irrigation ditches and related structures, including ditch burning whether by hand or with the use of equipment and machinery; (e) Noxious weed or insect control; (f) Removal of dead, insect infected or diseased trees;

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(g) Construction of a livestock water tank as defined in C.R.S. '35-49-105 (2006); (h) Maintenance of wetlands; (i) Modifications to any watercourse for fisheries improvements or riparian habitat creation and/or restoration permitted by the Army Corps of Engineers; (j) Emergency riparian work, provided that any permanent work shall be regulated if otherwise regulated by this ordinance; (k) Wildland fire mitigation and emergency firefighting activities; and (l) Drilling of domestic wells serving less than three (3) residences. 13-5-80. Permit application. Any person proposing to undertake a regulated activity as set forth in Section 13-7-60 hereof shall file an application for a watershed permit with the office of the director on a form provided by the City Clerk. The application shall contain the following information: (1) Name, address, and verified signature of the applicant; (2) Name and address of the owner of the property on which the activity is proposed; (3) Verified consent of the owner of the property if different than that of the applicant; (4) The address and/or legal description of the property on which the activity is proposed; (5) A full and complete description of the proposed activity, including but not limited to, the acreage of the property, the acreage affected by the proposed activity, the proposed amount of diversion and/or storage, and any activity that may result in a discharge, spill or release of any pollutant into the City’s waterworks or water supply; (6) A map explicitly depicting the location of the property and the proposed activity; (7) Identification and description of all water use anticipated to be necessary for the proposed activity, including but not limited to all water rights owned or to be used by the applicant, amount of consumptive use, location and timing of any expected return flows resulting from diversions, and the amount and type of discharge; (8) Identification and description of any impact that the activity may reasonably` have on the City’s waterworks and on the quality of the City’s water supply; (9) Identification and description of all measures that shall be taken to prevent injury, damage or harm to the City’s waterworks and pollution of the City’s water supply, including compliance with all applicable Best Management Practices; and (10) Any other information required by the director to properly evaluate the application, as reasonably determined by the director.

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13-5-90. Permit fee. Each application for a permit shall be accompanied by payment in full or a fee, as established by resolution of City Council, and as may be adjusted from time to time. 13-5-100. Permit duration. A permit issued pursuant to this Article shall be valid for two years from the date of issuance. 13-5-110. Permit suspension or revocation; temporary suspension. A permit may be suspended or revoked at any time for a violation of any compliance order issued by the director or for a violation of any of the terms or conditions of the permit or the provisions of this Article, subject to notice to the permit holder and a hearing by the City Council. If exigent circumstances exist that require immediate suspension, as determined by the director, the director may immediately suspend a permit for a period not to exceed fourteen (14) days. In the case of such a summary suspension by the director, the permittee, upon written request, shall be entitled to a hearing before City Council as soon as is reasonable possible. 13-5-120. Permit transfer. Permits issued hereunder are to a specific user for a specific activity. No permit shall be transferred or assigned to any other person, different premises or a new, different or changed operation. Any such change shall require a new permit application. 13-5-130. Permit review; burden; issuance or denial. (a) Within thirty (30) days following the filing of a completed application, which shall not be considered complete until all necessary information required by this Article is provided, the Director shall review the application and classify the proposed activity according to its impact on either the City’s waterworks and/or the quality of the City’s water supply. In evaluating each application, the Director may consider, but is not limited to, the following factors: (1) Nature and type of the proposed activity; (2) Proximity of the proposed activity to a watercourse and whether it is located within a floodway; (3) Nature and type of the soils, rock or other material; (4) Nature and type of vegetation; (5) Scope and stability of the land; (6) Any increase of effect in or on the fire hazard; (7) Nature, type and amount of effluents or pollutants reasonably anticipated from the proposed activity discharged either into a watercourse or underground; (8) Nature, type and amount of each regularly processed new material;

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(9) Nature, type and amount of each regularly produced product; (10) Nature and type of any and all erosion control measures; (11) Any anticipated impact on the waterworks or water quality of the City’s water supply resulting in any way from the activity, including but not limited to direct discharges, nonpoint or indirect discharges, reduction in flows within a watercourse, or the concentration of any pollutant; (12) Amount and type of mechanized or motorized vehicles associated with the activity; (13) Any water rights obtained, needed, necessary or related to the proposed activity; (14) Any permits or other governmental or private approval required to proceed with the proposed activity or already obtained where such permits or approvals are based on standards at least as stringent; (15) Economic impact in relation to the risks and benefits to watershed protection; and (16) Cumulative effect of the proposed activity with other activities. (b) The burden shall be upon the applicant to demonstrate, by preponderance of the evidence and in compliance with the provisions of this Article, that the activity will not harm, damage or injure the City’s waterworks or pollute the City’s water supply. (c) If the Director determines that the proposed activity will not have any harmful impact on the City’s waterworks or water supply, then the Director shall recommend to City Council that a permit be issued, and whether any conditions should apply. If the Director determines that the applicant has not met its burden with respect to the impact on either the City’s waterworks and/or the City’s water supply, then the Director shall identify such negative impact(s) and shall state the reasons for recommending denial of a permit. City Council shall consider such recommendation and may issue the permit, with or without conditions, upon a determination that the requirements of this Article have been satisfied, or may deny the permit application at a hearing as set forth in Article 13-7-180. 13-5-140. Permit terms and conditions. The City Council may prescribe any terms and conditions in the issuance of any permit in accordance with any provisions of this Article and as the City Council deem necessary to prevent harm, damage or injury to the City’s waterworks and/or the pollution of the City’s water supply, including compliance with all applicable Best Management Practices. The City Council may also make any permit conditional upon the applicant obtaining any and all necessary permits and other governmental or private approvals or obtaining financial security for performances or requirements of the permit. This Article allows the City to limit discharge of water pollutants to prevent nuisances and prevent damage, harm or injury to the City’s waterworks or pollution of the City’s water supply. It does not allow the City to authorize a discharge of pollutants into State waters, which is the jurisdiction of the Water Quality Control Commission. 13-5-150. Performance bond. The City Council may require as a condition of any permit issued hereunder that the permittee obtain a performance bond in an amount necessary to ensure completion of all measures required to prevent both injury to the City’s waterworks and the pollution of the City’s water supply. The City

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Council may also require as a part of the performance bond an additional amount necessary to clean up or mitigate the effects of any spill, release or discharge by the permittee. This section shall not apply to or have any effect upon the provisions of Section 34-32-109(6) C.R.S. 13-5-160. Containment facilities; reporting requirements. Each permittee shall provide and maintain at its expense any facilities necessary to prevent and contain any spill, release or discharge of any pollutant that may cause damage, harm or injury to the City’s waterworks or pollution to the City’s water supply. Any such spill, release or discharge shall be reported immediately to the Director and to all other persons or entities that may be affected thereby. The permittee shall inform the Director as to the location, the nature and type of the pollutant, concentration, volume, and any measures taken to contain or remediate the spill, release or discharge and to assure that such discharge does not occur again. Within five (5) days of such discharge the permittee shall submit a written report to the Director explaining the spill, release or discharge including a description of measures which have and shall be taken to prevent recurrence. 13-5-170. Site inspections. Whenever necessary to assure compliance with any terms or conditions of the permit or the provisions of this Article, the Director has the right to enter the property to make an inspection. Refusal by the permittee to allow such right of entry to inspect the property shall constitute sufficient grounds to suspend or revoke the permit by the Director. Upon such refusal, or if exigent circumstances are present that require immediate entry, the Director may obtain a search warrant from a court of competent jurisdiction, including the municipal court of the City, entitling the Director to enter and inspect the property. Upon obtaining a search warrant, or if exigent circumstances exist, the Director may use such reasonable force as is necessary to enter and inspect the property. 13-5-180. Hearings by the City Council on applications. The City Council shall schedule a hearing and publish notice of a hearing at least fourteen (14) days prior to the date set for hearing. At such hearing, the applicant (and/or the applicant’s attorney, consultants, and representatives) and the Director (and/or City attorney, special counsel, consultants and representatives) may make a presentation and/or present information and evidence. All interested parties may also testify or present information and evidence. The applicant shall have the burden of establishing by a preponderance of the evidence that the proposed activity will not injure, harm or damage the City’s waterworks or pollute the City’s water supply. The City Council shall, within thirty (30) days of the close of the hearing issue a decision on the permit, including findings related to such decision. The council’s decision shall be the final action by the City. 13-5-190. Hearings. Testimony, evidence and information presented at all hearings held pursuant to this Article shall be open to the public and quasi-judicial in form, under oath and recorded. 13-5-200. Compliance order. Whenever the Director determines that any permittee has violated or is violating any terms or conditions of a permit or the provisions of this Article, the Director may issue an order requiring the permittee to comply within a specified period of time. Any violation of the compliance order by the permittee shall be cause for the suspension or revocation of the permit. Whenever the Director determines that a person is proceeding with a prohibited activity under Section 13-7-60 hereof without

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permit, the Director may issue an order requiring the person to cease and desist such activity until such a time as a permit is obtained pursuant to this Article. 13-5-210. Legal action. If any person violates any provision of this Article, in addition to utilization of the enforcement and penalty powers of the City, the City may commence an action for appropriate legal or equitable relief in a court of competent jurisdiction, including the municipal court. In addition to the penalties provided herein, the City shall be entitled to reasonable expert fees and attorneys’ fees and costs of litigation.

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CHAPTER 16

Land Use and Development

Article I General Provisions

Sec. 16-1-10 Title and short title

Sec. 16-1-20 Authority

Sec. 16-1-30 Purposes

Sec. 16-1-40 Jurisdiction

Sec. 16-1-50 Presumption of validity

Sec. 16-1-60 Rules of construction

Sec. 16-1-70 Severability

Sec. 16-1-80 Definitions

Article II Administration and Enforcement

Sec. 16-2-10 Fees and deposits

Sec. 16-2-20 Vested property rights

Sec. 16-2-30 Public Notice

Sec. 16-2-40 Amendments

Sec. 16-2-50 Review standards for text amendments

Sec. 16-2-60 Appeals

Sec. 16-2-70 Subdivision improvements agreements and development improvements agreements

Sec. 16-2-80 Violations and penalty

Article III Application and Review Procedures

Sec. 16-3-10 Purpose of article

Sec. 16-3-20 Development permits

Sec. 16-3-30 Exemption from development permits

Sec. 16-3-40 Classification of developments

Sec. 16-3-50 Development plan

Sec. 16-3-60 Administrative review procedure

Sec. 16-3-70 Pre-application conference for development review

Sec. 16-3-80 Limited impact review procedure

Sec. 16-3-90 Major impact review procedure

Sec. 16-3-100 Steps following approval of a development plan

Sec. 16-3-110 Public hearings

Sec. 16-3-120 Concurrent review

Sec. 16-3-130 Format of final submissions

Sec. 16-3-140 Insubstantial changes or amendments to an approved development plan

Article IV Zoning

Sec. 16-4-10 Purpose of article

Sec. 16-4-20 Zone districts established

Sec. 16-4-30 Official zoning map

Sec. 16-4-40 Determination of zone district boundaries

Sec. 16-4-50 Zoning of annexed territory

Sec. 16-4-60 Application of regulations

Sec. 16-4-70 Residential zone districts

Sec. 16-4-80 Commercial, business and industrial zone districts

Sec. 16-4-90 Principal and accessory uses

Sec. 16-4-100 Permitted uses

Sec. 16-4-110 Conditional uses

Sec. 16-4-120 Expiration of conditional use permit

Sec. 16-4-130 Revocation of conditional use permit

Sec. 16-4-140 Uses not itemized

Sec. 16-4-150 Schedule of uses and review process

Sec. 16-4-160 Nonconformities

Sec. 16-4-170 Nonconforming lots

Sec. 16-4-180 Zoning Variances

Sec. 16-4-190 Review Standards Applicable to Particular Uses

Sec. 16-4-200 Zone district dimensional standards

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Sec. 16-4-210 Rezoning

Article V Zoning Overlays

Sec. 16-5-10 General

Sec. 16-5-20 Zone district overlays established

Sec. 16-5-30 Salida Downtown Historic District Overlay (SDHD)

Sec. 16-5-40 Historic Protection Overlay (HPO)

Sec. 16-5-50 SH 291 Corridor Overlay (291 CO)

Sec. 16-5-60 Highway 50 Corridor Overlay (50 CO).

Sec. 16-5-70 Local Historic Landmark Overlay (LHLO)

Sec. 16-5-80 Sackett’s Addition Overlay

Article VI Subdivision

Sec. 16-6-10 Types of Subdivisions

Sec. 16-6-20 Major Subdivision

Sec. 16-6-30 Minor Subdivision

Sec. 16-6-40 Resubdivisions

Sec. 16-6-50 Amended Plats

Sec. 16-6-60 Duplex conversion subdivision

Sec. 16-6-70 Lot line adjustments

Sec. 16-6-80 Insubstantial change to recorded plat

Sec. 16-6-90 Elimination of lot lines

Sec. 16-6-100 Condominiums

Sec. 16-6-110 Subdivision plat requirements

Sec. 16-6-120 Subdivision review standards

Sec. 16-6-130 Vacation of recorded plat, right-of-way or easement

Sec. 16-6-140 Fair Contributions for Public School Sites

Article VII Planned Developments

Sec. 16-7-10 Purpose and objectives

Sec. 16-7-20 Zoning classification

Sec. 16-7-30 Procedure

Sec. 16-7-40 PD development plan evaluation criteria; general requirements

Sec. 16-7-50 Design standards

Sec. 16-7-60 Maximum height and floor area

Sec. 16-7-70 Permitted uses

Sec. 16-7-80 Transportation design

Sec. 16-7-90 Submittal requirements

Sec. 16-7-100 Phasing

Sec. 16-7-110 Development schedule

Sec. 16-7-120 Public Hearings

Sec. 16-7-130 Form of PD approval

Sec. 16-7-140 PD Agreement

Sec. 16-7-150 Modifications

Sec. 16-7-160 Enforcement

Article VIII Design Standards

Sec. 16-8-10 Purpose and applicability

Sec. 16-8-20 Road, driveway and sidewalk standards

Sec. 16-8-30 Survey monuments

Sec. 16-8-40 Street tree standards

Sec. 16-8-50 Undergrounding of utilities

Sec. 16-8-60 Stormwater management standards

Sec. 16-8-70 Grading and erosion control

Sec. 16-8-80 Off-street parking standards

Sec. 16-8-90 Landscaping standards

Sec. 16-8-100 Illumination standards

Sec. 16-8-110 Fences

Sec. 16-8-120 Large scale commercial design guidelines

Sec. 16-8-130 Eaves, architectural projections, at-grade structures and covered porches

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Article IX Annexation

Sec. 16-9-10 General

Sec. 16-9-20 Procedure

Sec. 16-9-30 Annexation Fees

Sec. 16-9-40 Application contents

Article X Sign Standards

Sec. 16-10-10 Declaration of intent; findings and purposes

Sec. 16-10-20 Applicability

Sec. 16-10-30 Sign permits and administration

Sec. 16-10-40 Types of signs

Sec. 16-10-50 Time, place and manner for display of signs

Sec. 16-10-60 Prohibited signs

Sec. 16-10-70 Sign measurement

Sec. 16-10-80 Sign location and appearance standards

Sec. 16-10-90 Creative signs

Sec. 16-10-100 Comprehensive sign plan

Sec. 16-10-110 Nonconforming signs

Article XI Flood Control

Sec. 16-11-10 Statutory authorization

Sec. 16-11-20 Findings of fact

Sec. 16-11-30 Statement of purpose

Sec. 16-11-40 Methods of reducing flood losses

Sec. 16-11-50 Definitions

Sec. 16-11-60 Lands to which this Article applies

Sec. 16-11-70 Basis for establishing Special Flood Hazard Areas

Sec. 16-11-80 Establishment of Floodplain Development Permit

Sec. 16-11-90 Compliance

Sec. 16-11-100 Abrogation and greater restrictions

Sec. 16-11-110 Interpretation

Sec. 16-11-120 Warning and disclaimer of liability

Sec. 16-11-130 Designation of Floodplain Administrator

Sec. 16-11-140 Duties and responsibilities of Floodplain Administrator

Sec. 16-11-150 Permit procedures

Sec. 16-11-160 Variance procedures

Sec. 16-11-170 General standards and provisions for flood hazard reduction

Sec. 16-11-180 Specific standards for flood hazard reduction

Sec. 16-11-190 Floodways

Sec. 16-11-200 Alteration of a watercourse

Sec. 16-11-210 Properties removed from the floodplain by fill

Sec. 16-11-220 Standards for subdivision proposals

Sec. 16-11-230 Standards for Critical Facilities

Sec. 16-11-240 Protection for Critical Facilities

Sec. 16-11-250 Ingress and egress for new Critical Facilities

Article XII Historic Preservation

Sec. 16-12-10 Purpose

Sec. 16-12-20 Establishment of Salida Downtown Historic District Overlay

Sec. 16-12-30 Establishment of Local Historic Landmark Overlay

Sec. 16-12-40 Designation of local historic districts and landmarks; procedure

Sec. 16-12-50 Historic district and landmark designation review standards

Sec. 16-12-60 Activities subject to review and certificate of approval with regard to landmarks or within

historic districts

Sec. 16-12-70 Demolition or relocation of buildings, structures or sites

Sec. 16-12-80 Certificates of approval; procedure

Sec. 16-12-90 Certificates of approval; review standards

Sec. 16-12-100 Exempt activity

Sec. 16-12-110 Exceptions

Sec. 16-12-120 Removal of landmark, contributing or historic district designation

Sec. 16-12-130 Violations and penalties

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ARTICLE I

General Provisions

16-1-10. Title and short title.

This Chapter, as amended from time to time, shall be known and may be cited as the City

of Salida Land Use Code. It may also be called the Land Use and development Code.

16-1-20. Authority.

This Chapter is authorized by Section 31-23-101, et. seq., C.R.S.; Section 29-20-101, et.

seq., C.R.S., Section 31-12-101, et. seq., C.R.S., and Section 24-65-101, et. seq., C.R.S., as

amended.

16-1-30. Purposes.

This Chapter is enacted for the purpose of promoting the health, safety, quality of life,

convenience, order, prosperity, and welfare of the present and future inhabitants of the City by

lessening of congestion in the streets or roads, securing safety from fires and other dangers,

providing light and air, avoiding undue congestion of the population, facilitating the adequate

provision of transportation, water, wastewater, schools, and other public requirements, securing

protection of the tax base, and by other means in accordance with the City of Salida

Comprehensive Plan.

16-1-40. Jurisdiction.

These regulations shall apply to all land and all land uses within the municipal boundaries

of the City of Salida, Colorado.

16-1-50. Presumption of validity.

All provisions of this Land Use Code are presumed to be valid and enforceable. In any

challenge to the validity of any provision, the burden of proof shall rest with the person bringing

the challenge.

16-1-60. Rules of construction.

Section 1-2-20 of this Code establishes rules that shall be observed and applied when

interpreting the language of this Chapter, unless the context clearly requires otherwise.

16-1-70. Severability.

If any section, subsection, paragraph, clause, phrase or provision of these regulations shall

be adjudged invalid or held to be unconstitutional by a court of competent jurisdiction, the

validity of these regulations shall not be affected in whole or in part, other than the provision

adjudged to be invalid or unconstitutional.

16-1-80. Definitions.

This Article defines words, terms and phrases contained within this Land Use Code. The

following terms shall have the following meanings when used in this Land Use Code:

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Accessory building or structure means a detached, subordinate building or

structure located upon the same lot as the principal building or structure to which it is

related, which is:

a. Clearly incidental, subordinate, secondary and devoted to the principal

building or structure.

b. Customarily found in conjunction with the principal building or

structure.

Accessory use means a use incidental, customary, and subordinate to the

principal use of the lot, structure, or building and on the same lot and not prohibited in

the zone district in which it is located.

Addition means any work which adds square footage, volume or exterior wall or

roof area to an existing structure.

Alley means a strip of land dedicated to public use, located at the side or rear of

lots and providing a secondary means of vehicular access to the property.

Alteration, Small means any alteration to an existing residential building or an

alteration or change of use to a mixed-use or nonresidential building that increases the

gross floor area or lot coverage (by structures or impervious area) by less than 25% and

does not increase the parking requirements on the property by more than ten (10) spaces.

Construction of one (1) or more dwellings in an existing building in the C-2 zone district

where the construction results in four (4) or fewer dwelling units shall be considered a

small alteration.

Alteration, Large means any alteration or change of use to a mixed-use or

nonresidential building that increases the gross floor area, or lot coverage (by structures

or impervious area) by 25% or more or increases the parking requirements on the

property by more than ten (10) spaces, whether or not the parking spaces exist or need to

be constructed.

Annexation means the process of incorporating an unincorporated portion of

Chaffee County into the boundaries of the City pursuant to the Municipal Annexation Act

of 1965, Section 31-12-101, et seq., C.R.S.

Attention-attracting device means any device or object visible from any public

street which is primarily designed to attract the attention of the public to a business,

institution, sign or activity through such means, including but not limited to illumination,

color, size or locations. Attention-attracting devices or objects often-times incorporate

illumination, which may be stationary, moving, turning, blinking (including animation) or

flashing. Attention-attracting devices may or may not convey a message and can include,

but are not limited to, search lights, beacons, strobe lights, internally illuminated

translucent canopies or panels, banners, streamers, pennants, propellers and inflatable

objects (including strings of balloons) or other devices or objects designed to attract

attention. Approved traffic-control devices are not considered attention-attracting

devices for purposes of this Code.

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Awning means a shelter constructed of nonrigid materials on a supporting

framework which projects from and is supported by the exterior wall of a building.

Banner means a sign made of fabric, plastic or other nonrigid material which has

no enclosing framework.

Bed and breakfast inn means an overnight lodging establishment that provides

short-term lodging for a charge to the public, generally for periods of less than one (1)

month, having an owner or manager residing on the site. Incidental sale of supplies or

products associated with the bed and breakfast shall be permitted on premises. An

appropriate sales tax license shall be obtained and maintained during the course of

business.

Bedroom means a room in a dwelling unit that is marketed and designed for

sleeping, or otherwise has the potential to function primarily for sleeping.

Board means the Board of Adjustment of the City.

Boarding or rooming house means a building, other than a hotel, bed and

breakfast, cafe or restaurant, where, for direct or indirect compensation, lodging and/or

meals are provided for three (3) or more boarders and/or roomers, exclusive of the

occupant's family.

Brewery, distillery, winery means an industrial use that creates ales, beers,

meads, wines, spirits, and/or similar beverages on site for wholesale production. Small

tasting rooms may be an accessory use. This definition excludes small breweries (less

than 5,000 barrels of beverages per year) operated in conjunction with a bar or restaurant

defined herein as an accessory use.

Building means any structure used or intended for supporting or sheltering any

use or occupancy and within the purview of the building codes as adopted by the City.

Building area means the maximum horizontal area within the outer perimeter of

the building walls, dividers or columns at ground level or above, whichever is the greater

area, including exterior stairways, and inner courts but excluding uncovered decks,

uncovered porches, patios, terraces and steps of less than thirty (30) inches in height, and

completely open, uncovered, cantilevered balconies that have a minimum of eight (8) feet

vertical clearance below.

Building, enclosed means a building separated on all sides from adjacent open

space or other buildings by fixed exterior walls or party walls, with openings only for

windows and doors, and covered by a permanent roof.

Building height means the distance measured on a vertical plane from the average

preconstruction or post-construction grade around the perimeter foundation of a building

or structure, whichever is lower, to the highest point on the roof surface of the building or

structure.

Building line means the average setback of the primary structures on a block.

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Building, principal means a building in which the primary use for the lot on

which the building is located is conducted.

Bus station means any premises for the storage or parking of motor-driven buses

and the loading and unloading of passengers. Stations may include ticket purchase

facilities, toilets, restaurants and retail stores.

Campground means a parcel of land used or intended to be used, let or rented for

overnight or short-term occupancy by campers, trailers, tents or recreational vehicles.

Certificate of approval or CA means the official document/permit issued by the

City Administrator approving and/or concerning, without limitation, the erection,

moving, demolition, renovation, rehabilitation, remodeling, restoration, reconstruction,

repair or alteration of any historic landmark building, site or structure, or any building,

site or structure within a designated historic district.

Church means any building that is architecturally designed and/or particularly

adapted for the primary use of conducting formal religious services on a regular basis.

Clear sight triangle means the area at the intersection of any two (2) streets that

is to be kept clear of any shrubs, groundcovers, berms, signs, structures or other materials

greater than two (2) feet in height above the street centerline grade. A clear sight triangle

is measured at the intersection of any two (2) streets. A triangle measuring fifteen (15)

feet for alleys, thirty (30) feet for local streets, fifty (50) feet for collector streets and one

hundred (100) feet for arterial streets along each curb or edge of roadway/pavement from

their point of intersection, the third side being a diagonal line connecting the first two (2).

Commercial, large scale means a commercial use where the total area utilized by

a single tenant or group of tenants in an attached structure, exclusive of parking, occupies

twenty thousand (20,000) square feet or more.

Commercial lodging means hotels, motels, lodges or convention centers which

have sleeping accommodations and similar commercial facilities that provide temporary

lodging in guest rooms, which have common facilities for reservations, reception and

maintenance, and in which meals, entertainment and various personal services for the

public may or may not be provided for remuneration.

Commercial use means an activity involving the sale of goods or services carried

out for profit.

Commercial zones refers to Residential Mixed Use (RMU), Commercial or

Central Business (C-1, C-2) and Industrial (I) zones. These zones are also referred to as

residential mixed used, commercial, central business and industrial zone districts.

Commission means the Planning Commission of the City.

Communication facility means, but is not limited to, unmanned facilities,

equipment, parabolic-shaped devices or antennae for the reception, transmission or

switching of satellite or electronic signals, including television, radio, telemetry, personal

wireless communication, data communication or any other signals which use air space as

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a medium, whether for commercial or private use and that may or may not be licensed by

the Federal Communications Commission.

Community building or use means a building which is owned by the City, the

County, the State, United States Government or a nonprofit organization that is open to

the general use, participation and enjoyment of the public for the purposes of group

assembly, a museum, and other civic functions, and which, notwithstanding anything to

the contrary in this Code, includes use primarily for offices.

Comprehensive Plan means that plan and amendments thereto for the City which

provides objectives, guiding principles and recommended actions to guide the current and

long-range development of the City.

Conditional use means a use that is generally compatible with the other uses

permitted in a zone district, but which requires site-specific review of its location, design,

configuration, density, intensity and operating characteristics, and may require the

imposition of appropriate conditions in order to ensure compatibility of the use at a

particular location, to mitigate its potentially adverse impacts and to ensure that it

complies with all of the standards of this Chapter.

Condominium unit means a physical portion of a common interest community

which is designated for separate ownership or occupancy and the boundaries of which are

described or determined in the declaration.

Contributing building or structure means a building or other structure originally

identified and listed as having historical and architectural significance by the National

Park Service of the United States Department of the Interior pursuant to the creation and

designation of a National Register Historic District and which is still so identified and

listed.

Day care, adult means a facility providing care for adults sixty (60) years of age

or older and/or functionally impaired adults in a protective setting for part of a twenty-

four-hour day.

Day care, large means a residence, facility or preschool which provides regular

care and supervision for more than eight (8) children at any one (1) time during the day

for compensation.

Day care, small means a residence, facility or preschool which provides regular

care and supervision for eight (8) or less children at any one (1) time during the day for

compensation.

Demolition means the total or partial destruction, disassembly, damage, razing or

tearing down of a structure or any portion thereof. The term includes the removal of any

material constituting part of the structure other than for purposes of ordinary maintenance

or repair, which removal affects the exterior appearance of the structure or which reduces

the stability or longevity of the structure. The term excludes the sudden or cataclysmic

destruction of or damage to a structure due to acts of nature, including fire, earthquake,

wind, excessive snow load or flood.

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Demolition by neglect means any total or partial destruction of or damage to a

structure, or any portion thereof, due to the failure of the owner or lessee to adequately

maintain or repair the structure.

Design standards means local, state or national criteria, specifications or

requirements referenced within this Chapter and used for the design of public or private

infrastructure.

Development permit means a permit issued by the City which certifies that a

proposed development has undergone and completed the required development review

procedures. The development permit may include one (1) or more conditions, which

conditions shall apply to any future development or use of the land, regardless of

ownership changes, unless a new development permit is obtained.

Duplex means a detached residential structure containing two (2) dwelling units

separated by a building code-compliant common wall. A duplex dwelling unit may have

a side-by-side or stacked configuration.

Drive-in facility means an establishment which provides such products and

services as, but not limited to, food, beverages or financial services, to customers in

vehicles.

Eating and drinking establishment means a permanent building containing a

restaurant, bar or tavern which serves food and/or beverages, prepared or consumed on

the premises, within a building or on an outdoor patio, served to the customer at tables or

counters.

Exterior architectural feature means the architectural style and general

arrangement of the exterior of a structure, including the type and texture of the building

materials, and including all windows, doors, lights, painted wall signs or displays, and

other fixtures appurtenant thereto.

Family means an individual, two (2) or more persons related by blood, marriage,

adoption or between whom there is a legally recognized relationship, or not more than

five (5) unrelated persons who occupy a single dwelling unit.

Floodplain means that ground covered by water in the case of the flood of one-

hundred-year frequency, as delineated by federal flood insurance maps and the flood

control regulations of the City.

Floor area, gross means total area of a building measured by taking the outside

dimensions of the building at each floor level intended for occupancy or storage.

Floor area, habitable means the total floor area contained within the inside walls

of a structure with at least 7.0’ of headroom. Habitable floor area does not include

unfinished attics, areas used for access such as stairs and covered porches, garage space

used for the parking of cars or storage, unfinished basements and utility rooms less than

50 sq. ft. All other areas of an accessory dwelling unit shall count towards habitable floor

area.

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Fully shielded light fixture means an outdoor light fixture constructed in such a

manner that all light emitted by the fixture, either directly from the lamp or diffusing

element, or indirectly by reflection or refraction from any part of the luminaire, is

projected below the horizontal.

Gasoline service station means a building or premises in which is conducted the

retail sale of batteries, tires, oil, gasoline or other fuel for motor vehicles and which may

include, as an incidental use only, facilities used for polishing, greasing, washing or

otherwise cleaning or light servicing of motor vehicles, and where the only repair work is

done is the exchange of parts and maintenance requiring no open flame or welding.

Good repair means a condition which not only meets minimum standards of

health and safety, but which also guarantees continued attractiveness, structural

soundness and usefulness.

Government administrative facilities, services and buildings mean office

buildings, maintenance facilities and operations centers owned and operated by a

governmental agency.

Grade, means the elevation of the surface of the ground.

Group home means a residential building that is owned and operated by a

nonprofit organization or is owner-occupied, which is occupied by not more than eight

(8) persons who are sixty (60) years of age or older who do not require skilled or

intermediate care facilities; or a residential building that contains a state-licensed facility

for the exclusive use of not more than eight (8) developmentally disabled persons having

such illnesses as cerebral palsy, multiple sclerosis, mental retardation, autism or epilepsy

as defined in Title III of the Civil Rights Act of 1968, as amended by the Fair Housing

Amendments Act of 1988, or disabled persons as defined by Section 24-34-301, C.R.S.

Heliport means a paved area designated expressly for the landing and take-off of

helicopters.

Historic district means a defined neighborhood or area determined by the City,

State or National Park Service within which the buildings, structures, appurtenances and

places are of basic and vital importance because of their association with history; or

because of their unique architectural style and scale, including proportion, form and

architectural detail, the design of which should be preserved and/or developed according

to a fixed plan based on cultural, historical or architectural motives or purposes.

Historical and/or architectural significance means that which has a special

historic or aesthetic interest or value as part of the development, heritage or cultural

character of the City, region, State or Nation.

Home business means the conduct of a business, occupation or trade as an

accessory use entirely within a residential building or accessory structure for gain or

support by residents of the dwelling and employees residing off-premises, which may

serve patrons on the premises.

Home occupation means the conduct of a business, occupation or trade as an

accessory use entirely within a residential building or accessory structure for gain or

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support, only by residents of the dwelling and employees residing off-premises which

does not serve patrons on the premises, except in an incidental manner.

Hospice means a facility for the treatment and support of terminally ill patients

which may occur in an institutional or residential setting, but not including when such

treatment or support occurs in the patient's own residence.

Hospital means a building or portion thereof used for the overnight

accommodation, medical care of and ancillary services for human patients.

Hotel, Lodge, Hostel means an establishment providing transient, overnight

accommodations for individuals who are lodged.

Industrial, heavy means the basic processing or manufacturing of materials or

products predominately from extracted or raw materials, or a use engaged in storage of or

manufacturing processes using flammable or explosive materials, or storage or

manufacturing processes that potentially involve hazardous or commonly recognized

offensive conditions. Heavy industrial uses may involve extensive exterior operations

such as material storage, aggregate processing and batch plants.

Industrial, light means a use engaged in the repair or manufacture, predominately

from previously prepared materials, of finished products or parts, including processing,

fabrication, assembly, treatment, packaging, incidental storage, sales, and distribution of

such products, but excluding basic industrial processing. Light industrial does not allow

for large structures outside of principal buildings, such as refineries

Landmark means City of Salida, State of Colorado or National Park Service

designation of a particular building, structure or site that represents historic significance

because of its style of architecture, its association with historic events or persons or its

archeological interest.

Landscape area means an area which has been improved through the planting

and maintenance of living plants such as trees, shrubs, plants, vegetative groundcover and

turf grasses. Landscape area may include natural nonliving elements such as rock, stone

and bark, as well as structural features, including but not limited to walks, trail

connections, fences, benches, works of art, reflective pools or fountains and outdoor

recreation facilities, such as swimming pools, tennis courts and the like, but shall not

include areas covered by buildings, parking or access areas. In subdivisions, PDs and

mobile home and RV parks, landscape area may mean an unimproved natural area,

including land under water, wetlands, floodplains and similarly sensitive lands when

approved by the Commission.

Lot means a portion or parcel of land (whether a portion of a platted subdivision

or otherwise) occupied or intended to be occupied by a building or use and its

accessories, together with such yards, as are required under the provisions of this Land

Use Code, having not less than the minimum area and off-street parking spaces required

by this Land Use Code for a lot in the zone district in which it is situated, and having

frontage on any improved public street or on an approved private street. Lot area means

the number of square feet included within the boundaries of the lot, measured on a

horizontal plane upon which the boundaries have been vertically projected.

Page 214: Salida Municipal Code

Lot coverage means that area or portion of a lot which is occupied or covered by

all buildings on that lot. The area included as coverage shall be that area defined herein

as building area.

Lot, double frontage means a lot which runs through a block from street to street

and which abuts two (2) or more streets.

Lot frontage means lot width measured at the street frontage.

Lot length means the average distance from the street to the rear of a lot,

measured perpendicularly from the street line upon which the lot faces.

Lot line adjustment means an adjustment of a lot line between two (2) contiguous

lots that is necessary to correct a survey or engineering error in a recorded plat, to allow

boundary change between adjacent lots or parcels to relieve hardship or practical

necessity, or to allow a transfer of land from a larger conforming lot to a smaller

nonconforming lot so as to make both lots conforming.

Lot line, front means the property line dividing a lot from a street right-of-way.

On a corner lot, the front line shall be designated by the location of the primary entrance

or front porch.

Lot line, rear means the property line opposite the front lot line. On a corner lot

the owner shall choose which lot line is designated the rear lot line, typically this lot line

is opposite the front lot line.

Lot line, side means any lot line other than a front or rear lot line.

Major activity (see Article XII, Historic Preservation) means and includes:

1. An activity not defined or qualifying as an insubstantial or minor activity,

including, but not limited to, reconstruction, rehabilitation, remodeling, renovation,

relocation or demolition;

2. Alterations, additions or other work performed on a building, structure or site that

result in the increase or decrease of site coverage, floor area or exterior wall or roof

surface;

3. The installation, alteration or removal of a window or door opening;

4. The replacement or repair of surface materials such as roofing or siding or an

exterior architectural feature with materials or design not substantially similar to the

existing materials or design;

5. The cleaning of an exterior surface of a contributing or landmark building or

structure by sandblasting, high-pressure spraying or other chemical or mechanical means;

6. Application of sealant, paint, stucco, texture or other material that would conceal,

alter or damage the exterior of any contributing or landmark building with an existing

unfinished or unpainted brick, masonry or other unfinished siding or structural element;

7. Those activities deemed to potentially impact or influence in any substantial way

the historic integrity or appearance of a landmark building, structure, site or designated

historic district, or as deemed to be major upon petition to and determination by the

Administrator or his or her designee.

Page 215: Salida Municipal Code

Major subdivision means a subdivision that results in the creation of more than

five (5) parcels, lots, units, sites, tracts or interests out of the property as it existed prior to

any subdivision.

Manufactured home means a factory-built dwelling that is manufactured or

constructed to comply with the standards of the National Manufactured Housing

Construction and Safety Standards Act of 1974 and is to be used as a place for human

habitation.

Marijuana Cultivation store means an entity licensed to cultivate, prepare, and

package marijuana and sell marijuana to retail marijuana stores, to marijuana product

manufacturing facilities, and to other marijuana cultivation facilities, but not to

consumers.

Minor activity (see Article XII, Historic Preservation) means and includes:

1. The replacement of surface materials such as roofing or siding or an exterior

architectural feature with materials and design substantially similar to the existing

materials or design;

2. The installation, removal or replacement of a fence, awning, roofing material or

dumpster enclosure;

3. The reuse of an existing window or door opening which has been covered or

filled through installation of a replica of a historic door or glazing ;

4. Those activities deemed to not detrimentally impact or influence in any

substantial way the historic integrity or appearance of a landmark building, structure, site

or designated historic district, or as deemed to be minor upon petition to and

determination by the Administrator or his or her designee.

Minor subdivision means the division of previously unsubdivided land into five

(5) or fewer separate parcels, lots, units, sites, tracts or interests.

Mobile home means a dwelling which is designed to be transported on its own

permanent chassis after fabrication, and is designed to be used as a dwelling, with or

without permanent foundation, when the required plumbing, heating and electrical

facilities are connected. Mobile homes shall comply with the HUD Code. New or used

mobile homes installed after July 7, 2002, shall comply with the standards of the National

Manufactured Housing Construction and Safety Standards Act of 1974 (hereinafter

referred to as the HUD Code).

Mobile home lot means that area of a mobile home park allotted and designed for

the location of one (1) mobile home.

Mobile home park means a plot of ground upon which two (2) or more mobile

homes, either occupied or intended to be occupied for dwelling or sleeping purposes, are

located regardless of whether a charge is made for such accommodations.

Multi-family dwelling means a building containing three (3) or more separate

dwelling units, which may be separated vertically or horizontally, but not including

commercial lodging or bed and breakfast inns.

Nonconforming lot means any lot which was lawfully established pursuant to the

zoning and building regulations in effect at the time of its development, but which does

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not conform to the standards of this Chapter for the zone district in which the lot is

located regarding minimum lot size or minimum lot frontage.

Nonconforming structure means any structure which was lawfully established

pursuant to the zoning and building regulations in effect at the time of its development,

but which does not comply with the standards of this Chapter for the zone district in

which the structure is located regarding minimum setbacks, maximum height, maximum

lot coverage, maximum density, minimum landscape area, minimum building width,

minimum floor area or the applicable standards for off-street parking, landscaping or

improvements.

Nonconforming use means any use of a structure or land which was lawfully

established pursuant to the zoning and building regulations in effect at the time of its

development, but which use is not designated in this Chapter as a permitted or

conditional use in the zone district in which the use is located.

Nursing home means any place or institution which operates and maintains

facilities providing full-time or part-time convalescent and/or chronic care, for a period

exceeding twenty-four (24) hours for two (2) or more ill or infirm patients not related to

the nursing home administrator or owner by blood or marriage. Convalescent and

chronic care may include, but need not be limited to, the procedures commonly employed

in palliative services, nursing and caring for the sick. Nursing home may include

continuing care retirement facilities and hospice care facilities.

Open space means any parcel or area of land or water, essentially unimproved

and set aside for public use, enjoyment or benefit.

Ordinary maintenance and/or repair means any work for which a building

permit is not required by law and where the purpose and effect of such work is to correct

any deterioration or decay of or damage to a structure, or any part thereof, and to restore

the same, as nearly as may be practicable, to its condition prior to the occurrence of such

deterioration, decay or damage, and which work does not substantially alter the

appearance, composition or texture of the exterior surface of the structure.

Outlot means a measured piece of land contained within subdivided land that is

not a building lot. An outlot may be conveyed to the public for open space or other

public purposes, be retained by the developer for later subdivision or be conveyed to an

owners' association.

Outdoor amusement establishment means the provision of entertainment or

games of skill to the general public for a fee where any portion of the activity takes place

outside of a building, including but not limited to a golf driving range, archery range or

miniature golf course and similar establishments. This use does not include a stadium.

Overlay zone means a zoning district that encompasses one (1) or more

underlying zones and that imposes additional requirements beyond those required for the

underlying zone.

Owner means a person, firm, association, syndicate, joint venture, partnership,

governmental unit or corporation holding fee simple title to property.

Page 217: Salida Municipal Code

Ownership parcel means lot, as defined herein.

Parcel means lot, as defined herein.

Park means an area open to the public and reserved for gathering spaces,

community agriculture and recreational, educational, cultural or aesthetic purposes.

Parking area means an open area or an enclosed structure or building used for

the temporary parking of automobiles or other vehicles.

Parking, off-street means a parking area located wholly within the limits of a

parcel of land.

Parking space means that part of a parking area, exclusive of aisles, turning areas

or loading space, devoted to parking for one (1) automobile or vehicle.

Parkway means the area, excluding the sidewalk, if any, between the property

line and the curb or, in the absence of a curb, between the property line and the nearest

edge of the street paving.

Permitted use means a use which is allowed in a zone district, subject to all of the

restrictions applicable to that zone district and all of the standards of this Chapter.

Personal service means an establishment primarily engaged in providing

individual services generally related to personal needs. Typical uses may include but are

not limited to bank, credit and loan service; beauty and barber shop; catering service;

chiropractic clinic; funeral home and mortuary; laundry and dry cleaners; massage

facilities; photographic studio; tailor and shoe repair service; and yoga or dance studio.

Personal wireless telecommunication service facility means an unmanned facility

or equipment for the reception, transmission or switching of personal wireless

telecommunications and/or telecommunication services utilizing frequencies that may or

may not be licensed by the Federal Communications Commission.

Principal use means the purpose or function for which a lot, structure, or

building is intended, designed, or constructed, or the activity which is carried out within

said lot, structure or building.

Professional office means a business which primarily provides professional

services in an office environment. Typical uses may include but are not limited to

services such as legal, accounting, investment, insurance and real estate; medical, dental

and other health services; engineering, architecture, survey and design services;

counseling, psychiatric and social services; editing/publishing; and administrative and

sales offices for business, industry and government, provided that only the administrative,

bookkeeping and clerical activities of the sales office are conducted on-site.

Prohibited use means a use that is not permitted in a zone district.

Recreation facilities means a place designed and equipped for the conduct of

indoor or outdoor sports and leisure time activities.

Page 218: Salida Municipal Code

Recreational vehicle (RV) means a pickup camper, motor home, travel trailer,

tent trailer or similar mobile unit which has wheels, is intended to be transported over

streets, roads and highways as a motor vehicle or attached to a motor vehicle, and is

designed primarily for use as a temporary unit for human occupancy.

Recreational vehicle park means a plot of ground upon which two (2) or more

recreational vehicles, either occupied or intended to be occupied on a short-term or

seasonal basis for dwelling or sleeping purposes are located, regardless of whether a

charge is made for such accommodations.

Retail, large scale means a store engaged in the sale of tangible personal property

for any purpose other than for resale where the total area utilized by a single tenant or

group of tenants, exclusive of parking, occupies twenty thousand (20,000) square feet or

more.

Retail marijuana store means an entity licensed to purchase marijuana from

marijuana cultivation facilities and marijuana products from marijuana product

manufacturing facilities and to sell marijuana and marijuana product to consumers.

Retail sales establishment means a store engaged in the sale of tangible personal

property for any purpose other than for resale.

Salida Downtown Historic District means that geographic area within historic

commercial area of the City designated and listed as a national historic place on the

National Register of Historic Places by the National Park Service of the United States

Department of the Interior.

School means any building or part thereof that is designed, constructed or used

for education or instruction in any branch of knowledge.

Service building means a structure housing toilet, laundry facilities, recreation

equipment and such other facilities incidental to maintenance and management of a

mobile home park or recreational vehicle park.

Setback means the distance required by this Chapter between the face of a

building or structure and the lot line opposite that building face, measured

perpendicularly to the building. Where angled buildings or lots, curved streets or similar

features exist, the setback shall be taken as the closest distance.

Sign means any device, structure, fixture, display or placard which is

permanently affixed to, painted on, placed on, incorporated in or displayed from within a

building surface or structure, or is freestanding upon a site.

Sign area means that area within the marginal lines of the sign surface which

bears the advertisement or message; or in the case of messages, figures or symbols

attached directly to or painted on the surface of a building, that area which is included in

the smallest geometric figure which encloses the message, symbol or figure displayed

thereon.

Single-family dwelling means a detached principal building, designed for or used

as a dwelling exclusively by one (1) family as an independent living unit.

Page 219: Salida Municipal Code

Site specific development plan means a plan that has been submitted to the City

by a landowner or such landowner’s representative describing with reasonable certainty

the type and intensity of use for a specific parcel or parcels of property, which plan shall

create a vested property right.

Solar access means access which protects reasonably placed solar energy

systems from shadow-blocking exposure to the sun during hours of high insolation which

are between 10:00 a.m. and 3:00 p.m. on December 21.

Storage yard means a site used for the keeping, in an ouitdoor area, of any goods,

equipment, personal property, material, merchandise, or vehicles in the same place for

more than 24 hours.

Story, Half means a space under a sloping roof that has the line of intersection of

the roof and wall face not more than 3 feet above the floor level and in which space the

possible floor area with headroom of 5 feet or less occupies at least 40 percent of the total

floor area of the story directly beneath.

Street means a dedicated public right-of-way or private road which provides

vehicular and pedestrian access to adjacent properties. Street shall include road, lane,

place, avenue, drive and similar terms. The following are types of streets addressed in

this Chapter:

Arterial street means the major street in the street hierarchy, which has a high

traffic volume and is not intended to be a residential street. An arterial street

provides connections with or is a major state or interstate roadway and is often

the location of significant community facilities as well as retail, commercial and

industrial facilities.

Collector street means a street whose function is to conduct traffic between

major arterial streets and/or activity centers. It is a principal traffic artery within

residential areas and carries relatively high volume.

Cul-de-sac street means a local street with only one (1) outlet, which is

terminated at the other end by a vehicular turnaround. The length of the cul-de-

sac shall be measured from the center of the turnaround to the nearest point

where the cul-de-sac intersects with the intersecting street.

Local street means a street whose primary purpose is to conduct traffic to and

from dwelling units to other streets within the hierarchy.

Street frontage means that portion of the boundary of a parcel of land which is

parallel with any single public street or way. Corner lots, by way of illustration, are

deemed to have two (2) street frontages.

Street frontage, primary means the street frontage on which the residential or

business address abuts.

Structural alteration means an addition to or subtraction of parts from a

structure, including walls, columns, beams, girders, foundation, doors, windows and roof.

Page 220: Salida Municipal Code

Structure means any manmade item constructed or erected, which requires

location on the ground or attached to something having a location on the ground,

including, but not limited to, signs, buildings, and fences. Porches, slabs, patios, decks,

walks and steps which are uncovered and do not exceed thirty (30) inches above grade

are excluded from the definition of structures.

Subdivision means the division of a lot, tract or parcel of land into two (2) or

more lots, plats, sites, units, or other divisions of land for the purpose, whether immediate

or future, of sale, transfer of ownership or building development; and, when appropriate

to the context, relates to the process of subdividing or to the land or territory subdivided.

Trail means a pathway designed for and used by the public for non-motorized

recreation and transportation. A trail may include amenities such as parking areas,

benches, restrooms and signage.

Truck terminal means a facility for the receipt, transfer, short-term storage and

dispatch of goods transported by heavy truck.

Uncovered parking and access area means that portion of a parcel which is used

for or intended to be used for vehicle parking or loading areas, circulation areas to and

within vehicle parking and loading areas, and access driveways from a public or private

right-of-way, whether such areas are kept in paved, gravel or other surface.

Vacation rental means the rental of any dwelling for overnight or vacation

lodging for periods of less than thirty (30) days.

Vested property right means the right to undertake and complete development

and use of property under the terms and conditions of a site specific development plan.

Veterinary clinic means a building or area in which animals requiring special

medical care are treated or temporarily housed. The term shall not be construed to

include kennel.

Warehouse means an enclosed building designed and used primarily for the

storage of goods and materials.

Wholesale business means the sale of goods and merchandise for resale instead

of for direct consumption.

Yard means an open space not in any alley or street, unoccupied and

unobstructed from the ground upward, except as otherwise provided in this Chapter.

Yard, front means a yard extending across the width of the lot and measured from

the front line of the lot or street to the nearest line of the building on which it fronts.

Yard, rear means a yard extending across the width of the lot and measured

between the rear line of the lot and the nearest line of the building.

Yard, side means a yard on each side of the building between the building and the

side line of the lot and extending from the front yard to the rear yard.

Page 221: Salida Municipal Code

ARTICLE II

Administration & Enforcement

16-2-10. Fees and deposits.

(a) Every land use and development application shall be submitted with the appropriate fees

and charges for the type of application being submitted along with a cost reimbursement agreement in a

form approved by the City Attorney. For purposes of this Section, “land use and development

application” shall include any and all applications filed pursuant to the Salida Land Use Code, requests

for pre-annexation agreements and can and will serve letters from developments in unincorporated

Chaffee County, and Title 32 special district service plan reviews pursuant to C.R.S. §32-1-201, et seq.

The amount of such fees and charges shall be established by resolution of the City Council, as may be

amended from time to time, and available for review by the public at City Hall during normal business

hours.

(b) In addition to the minimum application fees, the applicant will also be charged the actual

review costs and fees for outside professional services for review of the application. The minimum

application fees shall be due and payable upon submission of the application. In addition, at the time of

submittal of the application, the applicant shall deposit funds equal to two (2) times the minimum

application fee to be used as the initial payment to offset the costs of outside professional services for

review of the application. After exhaustion of the initial deposit, statements for professional review

services will be mailed to the applicant, and payment of such amounts is due within thirty (30) days of

receipt of the statement. Interest shall be imposed at a rate of one and one-half percent (1.5%) per month

on all balances not paid within thirty (30) days of the date of the statement. All costs of providing notice,

including publication, mailing and posting, shall be borne by the applicant. Recording and filing fees

imposed by the Chaffee County Clerk and Recorder, and others, as a result of the application, shall be

advanced by the applicant prior to the documents being tendered for recording.

(c) No subdivision plat or other land use approval document shall be deemed effective until

the plat is recorded in the real property records of Chaffee County and all fees and charges owed to the

City are paid in full by the applicant.

(d) In the event the City is forced to pursue collection of any amounts due and unpaid under

this provision, the City shall be entitled to collect attorney's fees and costs incurred in said collection

efforts in addition to the amount due and unpaid. The City reserves the right to suspend review of an

application, withhold approval, or postpone public hearings if an applicant fails to pay outstanding review

fees as required hereunder. Delinquent charges may be certified to the County Treasurer and collected in

the same manner as municipal taxes according to the procedure established in Chapter 4, Article VII of

this Code.

16-2-20. Vested property rights

(a) For all site specific development plans, a vested property right shall be deemed

established upon the approval of the plan by the City Council in accordance with this Section and the

applicable requirements of this Chapter. The following shall be considered site specific development

plans:

Development Review Procedure Site Specific Development Plan

Subdivision Review pursuant to Article VI,

including major subdivisions, minor

subdivisions, resubdivisions and limited

Final Subdivision Plat, approved by the City

Council, Planning Commission, or

Administrator

Page 222: Salida Municipal Code

review subdivisions

Planned Development Review, pursuant to

Article VII, not accompanied by subdivision

of land

Final Development Plan approved by the City

Council and adoption of the PD zoning

ordinance

Planned Development Review, pursuant to

Article VII, accompanied by subdivision of

land

Final Development Plan approved by the City

Council, adoption of PD zoning ordinance,

and Final Plat approved by the City Council

(b) The following are specifically excluded from, and shall not constitute, a site specific

development plan:

(1) Variances issued by the Board of Adjustment

(2) Sketch plans

(3) Floodway or flood plain permits

(4) Franchises, temporary use permits

(5) Zoning or rezoning

(6) Final architectural plans

(7) Final construction drawings and related documents specifying materials and methods for

construction of improvements.

(c) A vested property right shall be deemed established with respect to any property upon the

approval, or conditional approval, of a site specific development plan, following notice and public

hearing, by the City. A vested property right shall attach to and run with the applicable property and shall

confer upon the landowner the right to undertake and complete the development and use of said property

under the terms and conditions of the site specific development plan, as approved, including any

amendments thereto.

(d) Subject to Section 16-2-10(c), a site specific development plan shall be deemed approved

upon the effective date of the City Council’s approval action. In the event amendments to an approved

site specific development plan are proposed and approved, the effective dates of such amendments, for

purposes of the duration of a vested property right, shall be the effective date of the approval of the

original site specific development plan, unless the City Council specifically finds to the contrary and

incorporates such finding in its approval of the amendment.

(e) The City may approve a site specific development plan upon such terms and conditions

as may reasonably be necessary to protect the public health, safety and welfare, and failure to abide by

such terms and conditions may, at the option of the City Council, after public hearing, result in the

forfeiture of vested property rights. This subsection shall be strictly construed.

(f) Duration and Termination of Vested Property Rights.

(1) A property right, which has been vested pursuant to this Section and Article 68 of

Title 24, C.R.S., shall remain vested for a period of three (3) years. This vesting period shall not

Page 223: Salida Municipal Code

be extended by any amendments to a site specific development plan unless expressly authorized

by the City.

(2) Notwithstanding the provisions of subsection (1) above, the City is authorized to

enter into development agreements with landowners providing that property rights shall be vested

for a period exceeding three (3) years where warranted in the light of all relevant circumstances

including, but not limited to, the size and phasing of the development, economic cycles, and

market conditions.

(3) Following approval or conditional approval of a site specific development plan,

nothing contained in this Section or Article 68 of Title 24, C.R.S. shall exempt such a plan from

subsequent reviews and approvals by the City to insure compliance with the terms and conditions

of the original approval, if such further reviews and approvals are not inconsistent with said

original approval.

(g) An applicant may waive a vested property right by separate agreement, which shall be

recorded in the office of the Chaffee County Clerk and Recorder. Unless otherwise agreed to by the City,

any landowner requesting annexation to the City shall waive in writing any preexisting vested property

rights as a condition of such annexation.

(h) A vested property right, once established as provided in this Section and Article 68 of

Title 24, C.R.S., as may be amended, precludes any zoning or land use action by the City or pursuant to

an initiated measure which would alter, impair, prevent, diminish, impose a moratorium on development,

or otherwise delay the development or use of the property as set forth in an approved site specific

development plan, except:

(1) With the consent of the affected landowner;

(2) Upon the discovery of natural or manmade hazards on or in the immediate

vicinity of the subject property, which hazards could not reasonably have been discovered at the

time of site specific development plan approval, and which hazards, if uncorrected, would pose a

serious threat to the public health, safety, and welfare; or

(3) To the extent that the affected landowner receives just compensation for all costs,

expenses and liabilities incurred by the landowner after approval by the City, including, but not

limited to, costs incurred in preparing the site for development consistent with the site specific

development plan, all fees paid in consideration of financing, and all architectural, planning,

marketing, legal, and other consultants’ fees, together with interest thereon at the legal rate until

paid. Just compensation shall not include any diminution in the value of the property, which is

caused by such action.

(i) Establishment of a vested property right pursuant to law shall not preclude the application

of ordinances or regulations which are general in nature and are applicable to all property subject to land

use regulation by the City, including, but not limited to, building, fire, plumbing, electrical, housing,

mechanical, and dangerous building codes. Approval of a site specific development plan shall not

constitute an exemption from or waiver of any other provisions of this Chapter pertaining to the

development and use of property.

(j) This Section provides the procedures necessary to implement the provisions of Article 68

of Title 24, C.R.S. Nothing in this Section is intended to create any vested property right. In the event of

Page 224: Salida Municipal Code

the repeal of said Article or judicial determination that said Article is invalid or unconstitutional, this

Section shall be deemed to be repealed and the provisions hereof no longer effective.

16-2-30. Public Notice.

(a) For all actions of the City described in this Chapter requiring public hearings, the

applicant shall provide public notice and shall demonstrate that such public notice conforms to the

following requirements.

(b) Except as otherwise required by law, notice shall be sent by first class mail to all property

owners within one hundred seventy-five feet (175') of the property in question at least fifteen (15) days in

advance of the hearing.

(c) Except as otherwise required by law, notice of the hearing shall be published in a

newspaper of general circulation within the City at least fifteen (15) days in advance of the hearing.

(d) Pursuant to C.R.S Section 24-65.5-103, as may be amended, not less than thirty (30) days

before the date scheduled for the first public hearing for a subdivision or development application

specified in the statute, the applicant shall provide notice to the owners of the mineral estate. Such notice

shall be by certified mail, return receipt requested.

(e) Notice shall be posted by the applicant on the subject property at least fifteen (15) days in

advance of the hearing. The dimensions of the sign shall be at least eleven (11) inches by seventeen (17)

inches, and the materials to which the notice form is affixed shall be upright, sturdy and waterproof or

shall have a waterproof covering.

(f) All notices shall include:

(1) A statement of the nature of the matter being considered;

(2) The time, date and place of the public hearing;

(3) The agency or office and phone number where further information may be

obtained; and

(4) A legal description, and address if one has been assigned, of the subject property.

16-2-40. Amendments

The text of this Land Use Code may be amended, supplemented or repealed pursuant to the

procedures and standards of this Article.

(a) Initiation of Text Amendment. An amendment to the text of this Land Use Code may be

initiated by the City Council, the Planning Commission, the Administrator, a resident of the City, an

owner of a business within the City or any person who holds a recognized interest in real property within

the City.

(b) Procedure for text amendments. An applicant requesting an amendment shall follow the

stages of the process outlined below:

Page 225: Salida Municipal Code

(1) Preapplication Conference. Attendance at a preapplication conference is optional, but

recommended, for a private applicant intending to submit an application for an amendment to the

text of this Land Use Code or the boundaries of zoning districts, as depicted on the Official

Zoning Map.

(2) Submittal of Application. The applicant shall submit a complete text amendment

application to the Administrator which contains the precise amended wording. The Administrator

shall be responsible for submitting the application materials for an amendment initiated by the

City Council or Planning Commission.

(3) Staff Review. The Administrator shall review the application to determine whether it is

complete. The Administrator shall forward a report to the Planning Commission, which report

summarizes the application's compliance with the applicable review standards contained in

Section 16-2-50 below, and other applicable provisions of this Chapter. The technical comments

and professional recommendations of other agencies and organizations may be solicited in

drafting the report.

(4) Public Notice and Action by Commission. The Planning Commission shall hold a public

hearing to review the conformance of the application with all applicable provisions of this

Chapter. Public notice shall be provided as specified in Section 16-2-30 of this Chapter. The

Commission shall make a recommendation that the City Council approve, approve with

conditions or deny the application, or shall remand the application to the applicant with

instructions for modification or additional information or action.

(5) Public Notice and Action by Council. The City Council shall consider the

recommendations of the Planning Commission at a public hearing. Public notice that the City

Council will conduct a hearing to consider the recommendations of the Planning Commission

shall be provided as specified in Section 16-2-30 of this Chapter. The City Council shall, by

ordinance, approve or deny the proposed amendment or shall remand it to the applicant with

instructions for modification or additional information or action.

(6) Actions Following Approval. Upon approval of the amendment and the filing and, if

applicable, recordation of any documents required by the approval, the Administrator shall cause

the amended text of this Chapter to be officially codified.

16-2-50. Review standards for text amendments.

An application for an amendment to the text of this Chapter shall comply with the following

standards:

(1) Consistency With Purposes. The proposed amendment shall be consistent with the

purposes of this Chapter.

(2) No Conflict With Other Provisions. The proposed amendment shall not conflict with any

other applicable provisions of this Chapter, or shall repeal or amend provisions of this Chapter which are

inconsistent, unreasonable or out-of-date.

(3) Consistency With Comprehensive Plan. The proposed amendment shall be consistent

with the Comprehensive Plan, shall implement a new portion of the Comprehensive Plan or shall

implement portions of the Comprehensive Plan which have proven difficult to achieve under the existing

provisions of this Land Use Code.

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(4) Public Health, Safety and Welfare. The proposed amendment shall preserve the public

health, safety, general welfare and environment and contribute to the orderly development of the City.

16-2-60. Appeals.

(a) Appeal. An order, decision or interpretation rendered by the Administrator, any

Commission or any Board may be appealed to the designated body outlined in Table 16-A. Decisions by

the Board of Adjustment, Board of Appeals, and City Council shall be final and may not be appealed

further except in court.

TABLE 16-A

Appealing Body From Specific Orders, Decisions or Interpretations

Decision Appealed From: Type of Land Development Application Decision Appealed To:

Administrator or his or her

designee

Interpretation

Verification of zoning compliance

Reuse, change in use or further development

Sign permits and comprehensive sign plans

Planning Commission

Board of Adjustment Variance Court system

Board of Appeals Appeal Court system

Building Official Interpretation of codes enforced by the

Building Official

Board of Appeals*

City Council Amendment to Official Zoning Map or text of

Code

Annexation

Major Impact Review

Designation of a historic district or landmark

Off-premises sign

Court system

Fire Chief Interpretation of codes enforced by the Fire

Chief

Board of Appeals*

Administrator or his or her

designee

Certificate of Approval – minor

Certificate of Approval – major

City Council

Planning Commission Creative sign

Comprehensive sign plans for multiple owners

Limited Impact Review

City Council

Planning Chair Subdivision exemption Planning Commission

* Refer to Chapter 18, Article VIII, Building Regulations, Appeals Process for additional information

(b) Appeal Contents. The appeal shall be in the form of a written letter of appeal delivered

or postmarked to the Administrator within fifteen (15) days of the date the interpretation or decision was

first postmarked. Such notice shall identify the date and nature of the order, decision or interpretation at

issue and set forth in plain and concise language the:

(1) Facts and Reasons. The facts and reasons for the appeal, including any relevant

citation to any rule, regulation or Code section relied upon

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(2) Copy. A copy of the order, decision or interpretation being appealed if the same

was issued in writing.

(c) Actions Following Receipt of Appeal. Upon receipt of the appeal, the Administrator

shall schedule the appeal for a regular or special meeting of the appropriate body within thirty-one (31)

days of the filing of the notice to appeal.

(d) Notice. Written notice of the time, date and location of the hearing shall be sent by

regular mail to the appellant not less than fifteen (15) days prior to the hearing. In cases where a decision

rendered during a public hearing is being appealed, notice shall be provided as outlined in Section 16-2-

30 of this Chapter.

(e) Appeal Hearing.

(1) Evidence. Formal Rules of Evidence shall not be followed during hearings. The

chairman shall have the power to decide what evidence is material to the appeal. Written

documents presented at the hearing shall be made part of the record, and public testimony shall be

taken if the appeal required public notice. The burden of persuasion on appeal shall rest with the

appellant.

(2) Basis of a Decision. Review of the land use decision being appealed shall be

limited to the record established before and relied upon by the designated decision making body.

An appealing body shall not have the authority to override the provisions of this Land Use Code.

Any decision shall include a basis for the decision and cite specific sections of this Code.

(3) Recording. Audio recordings of the hearing shall be necessary. A written

summary of the audio recording shall be made in a timely fashion following the hearing.

Whenever a written verbatim transcript of such recording is requested by the appellant or when a

transcript is furnished by the City pursuant to court order, the cost of preparing the transcript shall

be borne in full by the appellant.

(4) Notice of Decision. The appropriate appealing body shall hear all relevant

evidence, and within a reasonable time and in no event more than fifteen (15) days thereafter,

shall render its decision. The appealing body may reverse, modify or confirm the order, decision

or interpretation. All decisions on appeal shall be reduced to writing, contain a concise listing of

facts and reasons supporting the same and shall be promptly mailed by regular mail to the

appellant.

16-2-70. Subdivision improvements agreements and development improvements agreements.

(a) Subdivision Improvements Agreement. The City Council shall not approve a

Subdivision Final Plat application until a Subdivision Improvements Agreement and related documents,

setting forth financial arrangements to secure the actual construction of subdivision improvements

required by the City Council, has been agreed upon by the applicant or developer and the City. The

Subdivision Improvements Agreement shall include a guarantee to construct all required development

improvements together with collateral, which shall be sufficient to make provision for the completion of

the improvements in accordance with the subdivision engineering design and the development schedule.

(b) Development Improvements Agreement. The City Council, on a case by case basis and

in conformance with the Code, may require that an applicant for a site plan or building permit enter into a

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Development Improvements Agreement which shall include a guarantee to construct all required

development improvements together with collateral which shall be sufficient to make provision for the

completion of the improvements in accordance with the engineering design and the development

schedule.

(c) Construction of improvements. The applicant or developer, at its sole expense, shall

design, purchase, and install all elements of all public and other necessary subdivision or development

improvements whether such improvements are located within the subdivision or development property

(on-site) or outside of the subdivision (off-site). The public and other necessary subdivision or

development improvements shall be designed and built in conformance with the City of Salida Public

Works Manual in effect as of the date of the Subdivision Improvements Agreement or Development

Improvements Agreement, unless otherwise provided in the approved plans and specifications. All such

public or other subdivision or development improvements shall be designed and approved by a registered

professional engineer retained by the developer or applicant. All drawings and plans for such

improvements shall be stamped by the engineer. Prior to the commencement of construction of

subdivision or development improvements, the City Engineer shall review and approve the drawings and

plans.

(d) Schedule of improvements. The Subdivision Improvements Agreement or the

Development Improvements Agreement shall include a schedule of improvements showing in detail the

public and other required subdivision or development improvements, including shallow utilities,

landscaping, revegetation and other subdivision or development improvements that the developer or

applicant shall be responsible for constructing, and the costs therefor. No work shall be commenced on

such improvements by the developer or applicant until such time as the schedule of improvements has

been approved by the City and the performance guarantee provided pursuant to appropriate sections of the

Subdivision Improvements Agreement or Development Improvements Agreement. All improvements

shall be constructed in accordance with the applicable provisions of the City of Salida Public Works

Manual.

(e) Construction schedule. The Subdivision Improvements Agreement or Development

Improvements Agreement shall include a time schedule for the construction and completion of the public

and other required subdivision improvements or development improvements. Said schedule shall provide

for a commencement date as well as a date when such improvements will be substantially completed.

Under such schedule, all public and other required subdivision or development improvements shall be

completed no later than one (1) year following the start of development. Where the developer or

applicant is prevented from commencing or completing any of the public and other required

improvements within the time periods set forth in the construction schedule or otherwise set forth in the

Subdivision Improvements Agreement or Development Improvements Agreement due to an

unforeseeable cause or delay beyond the control and without the fault or negligence of the developer or

applicant the times for commencement and/or completion of such improvements may be extended by the

City Council in an amount equal to the time lost due to such delay if a request is made in writing to the

City by the developer or applicant. Delays beyond the control of the developer or applicant shall include,

but not be limited to, acts of neglect by the City, fires, floods, epidemics, abnormal weather conditions,

strikes, freight embargos or acts of God. Time extensions, however, will not be granted for rain, snow,

wind or other natural phenomena at normal intensity within Chaffee County. Delays attributable to and

within the control of the developer’s or applicant’s contractors, subcontractors or suppliers shall be

deemed to be delays within the control of the developer or applicant.

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(f) Warranty. The applicant or developer shall warrant any and all public improvements

constructed by the applicant or developer which are conveyed or dedicated to the City pursuant to the

Subdivision Improvements Agreement or Development Improvements Agreement for a period of one (1)

year from the date the City Engineer certifies that the same conform to the approved specifications. In

addition, all other improvements such as shallow utility installations and other improvements as shown in

approved construction drawings submitted to the City shall be warranted for a period of two (2) years

following completion and approval. Specifically, but not by way of limitation, the applicant or developer

shall warrant the following:

(1) That the title conveyed shall be good and its transfer rightful; and

(2) Any and all facilities conveyed shall be free from any security interest or other

lien or encumbrance; and

(3) Any and all facilities so conveyed shall be free of any and all defects in materials

or workmanship.

(g) City Inspections. The City shall have the right to make engineering inspections and

require testing during construction of the public and other required improvements in such reasonable

intervals as the City Engineer may request. Inspection, acquiescence and approval of any engineering

inspector of the construction of physical facilities, at any particular time, shall not constitute the approval

by the City of any phase of the construction of such public and other improvements. Such approvals shall

be made by the City only after completion of construction and in the manner hereinafter set forth.

(h) Approval by City Engineer. Upon completion of construction by the applicant or

developer of such public and other improvements, the City Engineer shall inspect the improvements and

certify with specificity its conformity or lack thereof to the approved plans and specifications. The

applicant or developer shall make all corrections necessary to bring the system or improvements into

conformity with applicable City standards and the construction plans, as approved. The City shall be

under no obligation to provide water or wastewater service until all such facilities are brought into

conformance with the applicable plans and specifications and approved by the City Engineer.

(i) Provision of “As-built” Drawings. The applicant or developer shall provide all necessary

engineering designs, surveys, field surveys, and “as-built” drawings for all public improvements and

utility improvements, which shall be subject to review and approval by the City Engineer, and any

incidental services related to the construction of the improvements, at its sole cost and expense. The legal

description of all utility service lines shall be prepared by a registered land surveyor at the applicant’s or

developer’s sole expense. In addition, all expenses incurred by the City in updating the City’s base maps

shall be paid by the applicant or developer, to the City.

(j) Conveyance of Public Improvements. All public improvements constructed by the

applicant or developer in accordance with the Subdivision Improvements Agreement or Development

Improvements Agreement, including water mains, service lines, laterals, fire hydrants and other water

distribution facilities; all irrigation lines and facilities; all wastewater collection mains, lines, laterals and

related improvements; handicap ramp improvements; and required curbs, sidewalks and street

improvements shall be dedicated to the City. Upon completion of construction in conformity with the

plans, and any properly approved changes, the applicant or developer shall convey to the City, by bill of

sale, all physical facilities constructed by the applicant or developer necessary for the extension,

maintenance and repair of municipal utility services and other public facilities. Acceptance of said

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conveyance shall be authorized by the City Council. Following such dedication or conveyance, the City

shall be solely responsible for the maintenance of such improvements, unless otherwise provided for by

agreement, except for any correction work required during the warranty period.

(k) Revegetation required. All areas disturbed by construction shall be promptly revegetated

with native vegetation following completion of such work unless a building permit application has been

requested for a particular lot. In addition, the applicant or developer shall control all noxious weeds

within such areas to the reasonable satisfaction of the City until conveyed to individual lot owners.

(l) Performance guarantee security required. In order to secure the construction and

installation of the public and other required improvements itemized in the schedule of improvements, for

which the applicant or developer is responsible, the applicant or developer shall furnish the City with a

cash, letter of credit, cash bond, performance bond, or other security acceptable to the City Attorney to

secure the performance and completion of such public and other required improvements included in a

Subdivision Improvements Agreement or Development Improvements Agreement, in an amount equal to

one hundred twenty-five percent (125%) of the estimated cost of said improvements.

(m) Partial release. Upon completion of portions of the improvements by the applicant or

developer, evidenced by a detailed cost breakdown of the completed improvements, and submittal of as-

built drawings, a subdivider may apply to the City for a release of part or all of the collateral deposited

with the City. Upon inspection and approval, the City may authorize the reduction of the amount of any

performance guarantee security issued pursuant to the Subdivision Improvements Agreement or

Development Improvements Agreement may be reduced by seventy-five percent (75%) of the approved

estimated cost for the installation of such improvements, upon written request of the applicant or

developer, and approval by the City Council. Upon completion of all of the public and other required

improvements by the applicant or developer, and upon final inspection and approval by the City Engineer

of all such improvements, the City Council shall further authorize the reduction of the amount of the

security guaranteeing the public and other required improvements to ten percent (10%) of the approved

total estimated cost of such improvements.

(n) Full release. A performance guarantee issued pursuant to a Subdivision Improvements

Agreement or Development Improvements Agreement shall be fully released and discharged upon

expiration of the one (1) warranty period, and the correction of any defects discovered during such

warranty period.

(o) Notice of default. Upon failure to perform its obligations under the terms of a

Subdivision Improvements Agreement or Development Improvements Agreement within the time periods

set forth in the Subdivision Improvements Agreement or Development Improvements Agreement, the

Administrator shall give written notice to the applicant or developer of the nature of the default and an

opportunity to be heard before the City Council concerning such default. If such default has not been

remedied within thirty (30) days of receipt of the notice or of the date of any hearing before the City

Council, whichever is later, (or such reasonable time period as is necessary to cure the default provided

that the applicant or developer has commenced to cure the default), the City Administrator may then give

written notice to the applicant or developer and to the issuer or holder of the performance guarantee

security that the City, as agent for the applicant or developer, is proceeding with the task of installing the

public and other required improvements in whole or in part and that the said security will be expended by

the City for the installation of public or other improvements required by the Development Improvements

Agreement or Subdivision Improvements Agreement.

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(p) Increase in Amount of Performance Guarantee Security. If a substantial amount of time

elapses between the time of posting of the performance guarantee security and actual construction of the

improvements, the City reserves the right to require a reasonable increase in the amount of the applicable

security, if necessary, because of estimated increased costs of construction.

(q) Cost Estimate Not Binding. The purpose of the cost estimate described in Section 16-2-

70(d) above is solely to determine the amount of security required and may be revised from time to time

to reflect the actual costs. No representations are made as to the accuracy of these estimates, and the

applicant or developer shall agree to pay the actual cost of all such public and other required

improvements. Neither the estimated costs nor the amount of the security establishes the maximum

amount of the applicant’s or developer’s liability.

(r) Reimbursement of Costs. Prior to the approval and acceptance of the construction and

installation of the required public and other necessary improvements, the applicant or developer shall pay

to the City the actual cost of all inspections of such improvements made or conducted at the direction of

the City Council and consultant fees incurred in preparing and administering the Subdivision

Improvements Agreement or Development Improvements Agreement.

16-2-80. Violations and penalty.

(a) It shall be unlawful to erect, construct, reconstruct, alter, maintain, or use and building or

structure or to use any land in violation of any provision of this Chapter. Any person, either as owner,

lessee, occupant, or otherwise, who violates or interferes in any manner with any person in the

performance of a right or duty granted or imposed upon him or her by this Chapter shall be guilty of a

misdemeanor punishable as forth in Chapter 1, Article IV of this Code.

(b) In case any building or structure is or is proposed to be erected constructed, altered,

maintained, or used, or any land is proposed to be used, in violation of this Chapter, the City Attorney, at

the direction of City Council, and in addition to other remedies provided by law, may institute injunction,

mandamus, abatement, or another appropriate action or proceeding to enjoin, abate, or remove such

unlawful erection, construction, reconstruction, alteration, maintenance, or use.

(c) The City’s remedies include, but are not limited to, issuance of an issuance of an

administrative citation as provided in Chapter 1, Article VII of this Code.

(d) All remedies provided for in this Section are cumulative, are not exclusive and shall be in

addition to any other remedies provided by law.

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ARTICLE III

Application and Review Procedures

16-3-10. Purpose of article.

The purpose of this article is to provide consistent, equitable procedures for the review of development

proposals such that the time and cost involved in the review process are in relative proportion to the

potential impact of the proposed development on the community, its citizens and the environment and to

ensure that proposed development will be in accordance with the purposes and provisions of this Code.

16-3-20. Development permits.

(a) All types of land uses and developments except planned developments and uses

specifically exempted under Section 16-3-30, and those listed in Section 16-3-40(b) below, shall require a

development permit. This permit shall be issued only after the proposal has been approved in accordance

with this Article and is prerequisite for a building permit. The development permit shall not be valid until

signed by the Administrator. The development permit shall be incorporated into the building permit and

all conditions shall apply to the building permit. If the development proposal includes subdivision, the

submittal requirements and review standards set forth in Article VI of this Chapter shall apply, and the

approval of a final subdivision plan herein shall constitute the development permit for the property.

(b) Term of development permits. Any development permit shall be valid for a period of

three (3) years after final approval of the development permit by the City, unless a different term for the

development permit is expressly included in the development permit. The development permit shall

expire and become null and void if the developer fails to make application for a building permit for the

development within the aforesaid three-year period. If the developer makes timely application for a

building permit according to a development permit, the development permit shall remain in effect for so

long as the building permit remains in effect.

16-3-30. Exemption from development permits.

Uses noted as Permitted (“P”) in Table 16-D, Schedule of Uses, are exempt from the requirement

to obtain a development permit if the proposed use or activity complies with applicable zone district

regulations and use restrictions set forth in Article IV, Zoning, Article V, Zone District Overlays, and

Article VII, Planned Developments. Exemption from development permit requirements is not an

exemption from other federal, state and local permit requirements applicable to the proposed development

or land use including, without limitation, building permits and floodplain development permits.

16-3-40. Classification of developments.

(a) Generally, there are three (3) levels of review for land use and development in the City.

Unless otherwise exempted from review, a change in land use is subject to one of the following three

levels of review according to impact. The level of review for specific land uses is set forth in Table 16-B.

(1) Administrative Review. Development permits and administrative subdivision

approval may be issued for the following types of land use and development following review by

the Administrator. The development permit may be reviewed concurrently with a building permit

application:

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(i) Multi-family residential, 3-4 units in project, without regard to phasing

(ii) Administrative conditional use permit

(iii) Administrative variance

(iv) Nonresidential or mixed-use, <20,000 sq. ft. gross floor area

(v) Amended plat (as defined in Section 16-6-50)

(vi) Lot line adjustments

(vii) Lot line elimination

(viii) Duplex conversion subdivision

(ix) Land use actions that the State of Colorado has exempted from the

definition of subdivision.

(2) Limited Impact Review. Minor subdivision and development permit applications

that will have limited or minimum impact will be reviewed by the Planning Commission at a

noticed public hearing including the following types of land use and development:

(i) Variance (Reviewed by Board of Adjustment)

(ii) Nonresidential or mixed-use, 20,001 sq. ft. – 50,000 sq. ft gross floor

area

(iii) Large alteration

(iv) Minor subdivision

(v) Conditional use permit

(3) Major Impact Review. Rezonings, planned developments, major subdivisions

and development permit applications that will have significant impact will be submitted first to

the City Council for conceptual plan review. They will then be reviewed by the Planning

Commission and then City Council at noticed public hearings. Applications that are adopted by

ordinance must be heard at two City Council meetings, including planned development, rezoning,

and right-of-way vacation:

(i) Multi-family residential, 20 or more units in project, without regard to

phasing

(ii) Nonresidential or mixed-use, 50,001 sq. ft. or greater gross floor area

(iii) Planned development

(iv) Rezoning

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(v) Right-of-way vacation

(vi) Plat vacation

(vii) Major subdivision

(4) Exceptions. A subdivision or development otherwise meeting the criteria for an

administrative or limited impact review shall be classified as a major impact review if it includes

any one (1) of the following:

(i) The extension of municipal facilities beyond locations or other limits set

forth in the City Code, Salida Regional Transportation Plan, or an extension of municipal

facilities which requires City Council approval pursuant to other provisions of this Code.

Such extensions shall include water mains, sewer mains and collector or arterial streets;

or

(ii) A dedication of land which the City will be required to maintain

including a street, alley, park, trail or other public land or right-of-way.

(iii) The use will generate a wastewater flow of 2,000 gallons or greater per

day per lot.

(iv) The use will include either storage or generation of more than fifty (50)

gallons of hazardous materials per year.

(b) Other Application Types. The following applications will be reviewed as determined in

the referenced articles:

(1) Certificate of Approval, Article XII

(2) Landmark Designation, Article XII

(3) Text Amendment, Article II

(4) Annexation, Article IX

(5) Sign Permit, Article X

(6) Creative Sign, Article X

16-3-50. Development plan

Any application for approval of a development permit shall include a written list of information which

shall constitute the applicant's development plan, which shall be that information necessary to determine

whether the proposed development complies with this Code. If the application is for subdivision

approval, the submittal requirements and review standards set forth in Article VI of this Chapter shall

apply and constitute the development plan. The development plan shall include the following, as further

specific for each level of review on the pre-application checklist:

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(1) A copy of a current survey or the duly approved and recorded subdivision plat covering

the subject lots where the proposal is for development on previously subdivided or platted lots;

(2) A brief written description of the proposed development signed by the applicant;

(3) Developments involving construction shall provide the following information:

(i) A development plan map, at a scale of one (1) inch equals fifty (50) feet or larger

with title, date, north arrow and scale on a minimum sheet size of eight and one-half (8½) inches

by eleven (11) inches, which depicts the area within the boundaries of the subject lot, including:

a. The locations of existing and proposed land uses, the number of dwelling

units and the square footage of building space devoted to each use;

b. The location and dimensions, including building heights, of all existing

and proposed Buildings or structures and setbacks from lot lines or building envelopes

where exact dimensions are not available,

c. Parking spaces,

d. Utility distribution systems, utility lines, and utility easements,

e. Drainage improvements and drainage easements,

f. Roads, alleys, curbs, curb cuts and other access improvements,

g. Any other improvements,

h. Any proposed reservations or dedications of public right-of-way,

easements or other public lands, and

i. Existing topography and any proposed changes in topography, using

five-foot contour intervals or ten-foot contour intervals in rugged topography.

(ii) 24” x 36” paper prints certified by a licensed engineer and drawn to meet City

specifications to depict the following:

a. Utility plans for water, sanitary sewer, storm sewer, electric, gas and

telephone lines;

b. Plans and profiles for sanitary and storm sewers;

c. Profiles for municipal water lines; and

d. Street plans and profiles;

(iii) Developments in the major impact review procedure shall provide a development

plan map on paper prints of twenty-four (24) inches by thirty-six (36) inches, with north arrow

and scale, and with title and date in lower right corner, at a scale of one (1) inch equals fifty (50)

feet or larger which depicts the area within the boundaries of the subject lots and including those

items in Section 16-3-40(a)(3).

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(4) Any request for zoning action, including review criteria for a requested conditional use

(Sec. 16-4-190 ) or zoning variance (Sec. 16-4-180);

(5) Any subdivision request including a plat meeting the requirements of Section 16-6-120;

(6) Any other information which the Administrator determines is necessary to determine

whether the proposed development complies with this Code, including but not limited to the following:

(i) A tabular summary of the development proposal, which identifies the total

proposed development area in acres, with a breakdown of the percentages and amounts devoted

to specific land uses; total number and type of proposed residential units; total number of square

feet of proposed nonresidential space; number of proposed lots; and sufficient information to

demonstrate that the plat conforms with all applicable dimensional standards and off-street

parking requirements.

(ii) A description of those soil characteristics of the site which would have a

significant influence on the proposed use of the land, with supporting soil maps, soil logs and

classifications sufficient to enable evaluation of soil suitability for development purposes. Data

furnished by the USDA Natural Resource Conservation Service or a licensed engineer shall be

used. The data shall include the shrink/swell potential of the soils, the groundwater levels and the

resulting foundation requirements. Additional data may be required by the City if deemed to be

warranted due to unusual site conditions.

(iii) A report on the geologic characteristics of the area, including any potential

natural or man-made hazards which would have a significant influence on the proposed use of the

land, including but not limited to hazards from steep or unstable slopes, rockfall, faults, ground

subsidence or radiation, a determination of what effect such factors would have, and proposed

corrective or protective measures.

(iv) Engineering specifications for any improvements.

(v) A plan for erosion and sediment control, stabilization and revegetation.

(vi) A traffic analysis prepared by a qualified expert, including projections of traffic

volumes to be generated by the development and traffic flow patterns, to determine the impacts of

a proposed development on surrounding City streets and to evaluate the need for road

improvements to be made.

(vii) A storm drainage analysis consisting of the following:

(viii) A layout map (which may be combined with the topographic map) showing the

method of moving storm sewer water through the subdivision shall be provided. The map shall

also show runoff concentrations in acres of drainage area on each street entering each

intersection. Flow arrows shall clearly show the complete runoff flow pattern at each

intersection. The location, size and grades of culverts, drain inlets and storm drainage sewers

shall be shown, as applicable.

(ix) The applicant shall demonstrate the adequacy of drainage outlets by plan, cross-

section and/or notes and explain how diverted stormwater will be handled after it leaves the

subdivision. Details for ditches and culverts shall be submitted, as applicable.

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(x) The projected quantity of stormwater entering the subdivision naturally from

areas outside of subdivision and the quantities of flow at each pickup point shall be calculated.

(xi) Evidence of adequate water supply and sanitary sewer service - Data addressing

the population planned to occupy the proposed subdivision and future development phases and

other developments that may need to be served by extensions of the proposed water supply and

sewage disposal systems. The resulting domestic, irrigation and fire flow demands shall be

expressed in terms of gallons of water needed on an average day and at peak time, and the

resulting amounts of sewage to be treated shall be expressed in gallons per day.

(xii) An analysis shall be submitted addressing how water for domestic use and for

fire flows is to be provided, along with the collection and treatment of sewage generated by the

property to be subdivided.

(xiii) A statement shall be submitted addressing the quantity, quality and availability of

any water that is attached to the land.

(xiv) A preliminary estimate of the cost of all required public improvements, tentative

development schedule (with development phases identified), proposed or existing covenants and

proposed maintenance and performance guarantees. The applicant shall submit, at least in

summary or outline form, any agreements as may be required by Section 16-2-70, relating to

improvements and dedications.

(xv) If intending to use solar design in the development, include a description of the

steps that have been taken to protect and enhance the use of solar energy in the proposed

subdivision. This shall include how the streets and lots have been laid out and how the buildings

will be sited to enhance solar energy usage.

(xvi) If applicable, a report shall be submitted identifying the location of the one-

hundred-year floodplain and the drainageways near or affecting the property being subdivided. If

any portion of a one-hundred-year floodplain is located on the property, the applicant shall also

identify the floodway and floodway fringe area. The applicant shall also describe the steps that

will be taken to ensure that development locating in the floodway fringe area is accomplished in a

manner which meets Federal Insurance Administration standards.

(xvii) If applicable, a report shall be submitted on the location of wetlands, as defined

by the U.S. Army Corp of Engineers, on or affecting the property being subdivided. The report

shall outline the development techniques planned to ensure compliance with federal, state and

local regulations.

(xviii) A landscape plan, meeting the specifications of Section 16-8-90.

(xviv) If applicable, a description of how the proposal will comply with the standards of

any of the overlays.

(xx) A site plan for parks, trails and/or open space meeting the requirements of

Section 16-6-110 below. If an alternate site dedication or fee in lieu of dedication is proposed,

detailed information about the proposal shall be submitted.

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(xxi) All development and subdivision naming shall be subject to approval by the City.

No development or subdivision name shall be used which will duplicate or be confused with the

name of any existing street or development in the City or the County;

(7) An access permit from the Colorado Department of Transportation; and

(8) A plan for locations and specifications of street lights, signs and traffic control devices.

16-3-60. Administrative review procedure.

(a) Development plan. The applicant shall submit a development plan including the

information described in Section 16-3-50.

(b) Development plan submittal. Three (3) copies of the development plan, four (4) copies

for nonresidential and multi-family projects, and associated material shall be submitted to the

Administrator. The application shall be accompanied by the development review fee as set forth in the

development review fee schedule. An application shall be submitted that conforms to the pre-application

checklist and the requirements of this Code. Upon receipt of the submittal, the Administrator shall review

the application for "completeness"; i.e., consistency with the pre-application checklist and the applicable

requirements of this Code. Within three (3) days of the submittal, the Administrator shall determine if the

application is "complete" and entitled to proceed with the Department/agency review. If the application is

deemed "incomplete," the Administrator shall notify the applicant by writing stating the deficiencies. The

applicant shall make the necessary revisions/additions to the application prior to review for compliance

with this Chapter.

(c) Department/agency review. The Administrator shall distribute copies of the development

plan to City departments and other agencies as appropriate. These departments and agencies shall review

the development plan with site visits as needed to determine whether it conforms with this Code and the

City’s goals and policies in their areas of responsibility. They shall submit their comments to the

Administrator within seven (7) days. The Administrator shall compile these comments and shall consider

them in reviewing the proposal.

(d) Administrative review. If needed, the Administrator may compile a summary of issues

and department and agency comments. A copy of the summary and comments shall also be furnished to

the applicant. Following review and within ten (10) days of receipt of a complete application the

Administrator shall take one (1) of the following actions:

(1) Approve the development proposal and authorize issuance of a development

permit subject to such conditions as the Administrator finds necessary to ensure that the proposed

development complies with this Code;

(2) Require changes or additional information which they find necessary to

determine whether the proposed development complies with this Code; or

(3) Deny the development proposal stating the specific reasons therefore.

(e) Further review.

(1) If the Administrator requests changes or additional information under subsection

(d)(2) above the applicant shall submit copies of the required changes or information to the

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Administrator. The Administrator shall review the additional submittal with appropriate City

departments and other agencies.

(2) The Administrator shall reconsider the proposal and they shall take one (1) of the

following actions:

(i) Approve the development proposal and authorize issuance of a

development permit subject to such conditions as the Administrator finds necessary to

ensure that the proposed development complies with this Code; or

(ii) Deny the development permit stating the specific reasons of

noncompliance.

16-3-70. Pre-application conference for development review.

(a) Requirement. When proposing a development requiring a limited or major impact

review, the applicant shall first request a pre-application conference with the Administrator to discuss and

review procedures and requirements as well as the City goals and policies. The applicant shall provide

for the conference:

(1) An application for development permit on a form prescribed by the

Administrator from time to time;

(2) A conceptual plan of the proposed development which may be a freehand

drawing of the proposed development, depicting topography of the land to be developed, the

existing and proposed street system with approximate right-of-way widths, the block and lot

pattern with approximate areas noted, and the location of utilities and existing development on

the land; and

(3) Proof of ownership of the land proposed for development.

(b) Classification of development. At the pre-application conference, the Administrator shall

classify the proposal for limited impact review or major impact review. If the Administrator cannot

determine whether the proposal is to be classified for limited impact review or major impact review, the

determination shall be made by the Planning Commission at its next regular meeting.

16-3-80. Limited impact review procedure.

(a) Development plan. At the applicant’s request, the Administrator will prepare and deliver

or mail to the applicant, within one (1) week after the pre-application conference, a written summary of

the issues discussed. The applicant shall then submit a development plan including the information

described in Section 16-3-50.

(b) Development plan submittal. Fifteen (15) copies of the limited impact development plan

and associated material shall be submitted to the Administrator at least four (4) weeks before the Planning

Commission or Board of Adjustment meeting at which it is to be reviewed. The application shall be

accompanied by the development review fee and deposit as set forth in the development review fee

schedule. An application shall be submitted that conforms to the pre-application checklist and the

requirements of this Code. Upon receipt of the submittal, the Administrator shall review the application

for "completeness"; i.e., consistency with the pre-application checklist and the applicable requirements of

this Code. Within seven (7) days of the submittal, the Administrator shall determine if the application is

Page 240: Salida Municipal Code

"complete" and entitled to proceed with the Department/agency review. If the application is deemed

"incomplete," the Administrator shall notify the applicant by writing stating the deficiencies. The

applicant shall make the necessary revisions/additions to the application prior to being scheduled for the

next regularly scheduled public meeting.

(c) Department/agency review. The Administrator shall distribute copies of the development

plan to City departments and other agencies as appropriate. These departments and agencies shall review

the development plan with site visits as needed to determine whether it conforms with this Code and the

City’s goals and policies in their areas of responsibility. They shall submit their comments to the

Administrator at least ten (10) days before the appropriate Planning Commission meeting. The

Administrator shall compile these comments and shall prepare for the Planning Commission or Board of

Adjustment a summary of the issues which they should consider in reviewing the proposal.

(d) Planning Commission review (acting Board of Adjustment for variance applications).

The Administrator shall distribute copies of the development plan to the Planning Commission members,

along with the summary of issues and department and agency comments. A copy of the summary and

comments shall also be furnished to the applicant. The Planning Commission shall review the proposal at

a regular meeting at which it shall hold a public hearing on the proposal. Public notice shall be given

pursuant to Section 16-2-30. The applicant or his/her representative shall be present to represent the

proposal. The Planning Commission shall take one (1) of the following actions at the meeting:

(1) Approve the development proposal and authorize issuance of a development

permit subject to such conditions as the Planning Commission finds necessary to ensure that the

proposed development complies with this Code;

(2) Require changes or additional information which they find necessary to

determine whether the proposed development complies with this Code; or

(3) Deny the development proposal stating the specific reasons therefore.

(e) Further review.

(1) If the Planning Commission requests changes or additional information under

subsection (d)(2) above the applicant shall submit fifteen (15) copies of the required changes or

information to the Administrator at least ten (10) days prior to the meeting at which the proposal

is to be reconsidered. The Administrator shall review the additional submittal with appropriate

City departments and other agencies and shall distribute copies of the submittal to the Planning

Commission members, along with comments from the departments and agencies.

(2) The Planning Commission shall reconsider the proposal at a regular meeting at

which the applicant or his/her representative shall be present to represent the proposal. At this

meeting, they shall take one (1) of the following actions:

(i) Approve the development proposal and authorize issuance of a

development permit subject to such conditions as the Planning Commission finds

necessary to ensure that the proposed development complies with this Code; or

(ii) Deny the development permit stating the specific reasons of

noncompliance.

Page 241: Salida Municipal Code

16-3-90. Major impact review procedure.

(a) Conceptual review. In order to provide for exchange of information and ideas between

the applicant, Planning Commission, and the City Council at the conceptual stage of a proposed

development, the applicant shall discuss his/her proposal with the City Council at a joint Planning

Commission and Council meeting before submitting the development plan. The Administrator shall

provide to the Planning Commission and City Council members copies of the development review

request and the conceptual plan for discussion at the joint meeting. At the meeting, the Planning

Commission and City Council may make comments and informal recommendations regarding the

proposed development which shall not be binding but may be considered by the applicant as he/she

prepares the development plan.

(b) Development plan. At the applicant’s request, the Administrator will prepare and deliver

or mail to the applicant, within one (1) week after the pre-application conference, a written summary of

the issues discussed. The applicant shall then submit a development plan including the information

described in Section 16-3-50.

(c) Development plan submittal. Within six (6) months of the conceptual review described

in subsection (a) above and no later than four (4) weeks before the Planning Commission meeting at

which it is to be reviewed, twenty (20) copies of the major impact development plan map and description

shall be submitted to the Administrator. If more than six (6) months elapses from the date of conceptual

review to the date of development plan submittal, the applicant shall be required to recommence the

development approval proceedings in accordance with this Article. The Administrator shall review the

application for "completeness"; i.e., consistency with the pre-application checklist and the applicable

requirements of this Code. Within seven (7) days of the submittal, the Administrator shall determine if

the application is "complete" and entitled to proceed with the department/agency review and to be

scheduled for a public hearing. If the application is deemed incomplete, the Administrator shall notify the

applicant by writing, noting the deficiencies. The applicant shall have one (1) week to make the

necessary revisions/additions to the application. Failure to submit the revised application materials within

the prescribed timelines will result in the postponement of the hearing date. All timelines will then begin

anew.

(d) Department/agency review. The Administrator shall distribute copies of the development

plan to City departments and other agencies as appropriate. These departments and agencies shall review

the development plan with site visits as needed to determine whether it conforms to this Code and the

City’s policies in their areas of responsibility. They shall submit their comments to the Administrator at

least ten (10) days before the appropriate Planning Commission meeting. The Administrator shall

compile these comments and shall prepare for the Planning Commission a summary of the issues which

the Planning Commission should consider in reviewing the proposal.

(e) Planning Commission review. The Administrator shall distribute copies of the

development plan to the Planning Commission members, along with the summary of issues and

department and agency comments. A copy of the summary and comments shall also be submitted to the

applicant. The Planning Commission shall review the proposal at a regular meeting at which it shall hold

a public hearing on the proposal. Public notice shall be given pursuant to Section 16-2-30. The applicant

or his/her representative shall be present at the meeting to represent the proposal. The Planning

Commission shall take one (1) of the following actions at the meeting:

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(1) Approve the development proposal and recommend to City Council that a

development permit be issued subject to such conditions as it finds necessary to ensure that the

proposed development complies with the Comprehensive Plan, other adopted City plans, this

Code, and City policies as adopted by ordinance or resolution;

(2) Deny the development proposal and recommend to the City Council that such

application for development be denied since it does not comply with the Comprehensive Plan,

other adopted City plans, this Code, or City policies as adopted by ordinance or resolution. The

recommendation to deny shall specify which provisions of the Comprehensive Plan, this Code or

City policies as adopted by ordinance or resolution have not been complied with, with respect to

the proposed development; or

(3) Continue the hearing to a regular Planning Commission meeting with the

requirement that the applicant submit changes or additional information which the Planning

Commission finds necessary to determine whether the proposal complies with this Code and the

City’s policies as adopted by ordinance or resolution. The date of the meeting shall be set by the

Planning Commission upon recommendations from staff, the applicant and members of the public

in attendance. Nothing herein shall prohibit the Planning Commission from continuing a matter

more than once before making a recommendation decision to the City Council. In the event the

applicant or a member of the public disagrees with the number of continuances granted by the

Planning Commission, or the overall length of review of a particular major impact development

application, such person may appeal to the City Council. The City Council shall have the

authority to direct the Commission to change the review period. The Planning Commission shall

comply with the City Council directive.

(f) Further review.

(1) In the event the hearing is continued pursuant to subsection (f)(3) above, the

applicant shall submit fifteen (15) copies of the required changes or information to the

Administrator at least ten (10) days prior to the Planning Commission meeting at which the

proposal is to be reconsidered. The Administrator shall review the additional submittal with

appropriate City departments or other agencies and shall distribute copies of the submittal to the

Planning Commission members along with comments from the departments and agencies.

(2) At the continued hearing, the applicant or his/her representative shall be present

to represent the proposal. At this meeting, the Planning Commission shall take one (1) of the

following actions:

(i) Approve the development proposal and recommend to the City Council

that a development permit be issued subject to such conditions as the Planning

Commission finds necessary to ensure that the proposed development complies with this

Code; or

(ii) Recommend denial of a development permit stating the specific reasons

of noncompliance.

(g) City Council review

(1) After the Planning Commission has made its recommendation for issuance or

denial of the development permit, the Administrator shall distribute copies of the development

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plan to the City Council members, along with excerpts from Planning Commission meeting

minutes and copies of department or agency comments.

(2) The City Council shall review the proposed development at a regular meeting at

which the applicant shall be present to represent the proposal. Following a public hearing at this

meeting, the City Council shall take one (1) of the following actions:

(i) Affirm the decision of the Planning Commission after a finding that the

proposed development does or does not comply with this Code; or

(ii) Reverse or modify the decision of the Planning Commission after finding

that the proposed development does or does not comply with this Code.

(3) If the proposed development is approved by the City Council, pursuant to

subsection (2) above, the City Council shall authorize issuance of a development permit subject

to such conditions as the City Council finds necessary to ensure that the proposed development

complies with this Code. If the proposal is denied, the City Council shall state the specific

reasons of noncompliance.

(h) Changes in development plans. Any change in the development plan made after original

submittal of the plan, but before issuance of the development permit, shall require the proposal to be re-

entered in the review procedure at the appropriate planning review step unless, in the opinion of the

Administrator, the change does not materially change the development plan and it complies with this

Code.

16-3-100. Steps following approval of a development plan.

(a) Filing of development plan. If a development permit is authorized, a copy shall be filed

within sixty (60) days of its approval by the City Council with the Community Development Department,

along with a copy of the approved development plan, both of which shall become part of the permanent

records of the City.

(b) As-builts. Before the issuance of any certificate of occupancy for the development, the

applicant shall submit to the Administrator a set of as-built plans and profiles on twenty-four-inch-by-

thirty-six-inch reproducible Mylar sheets for all water mains, sanitary sewers and storm sewers as well as

a surveyed map of utility easements. Such plans and profiles shall be of a scale and accuracy sufficient to

enable location of the improvements and easements and shall be subject to the approval of the City

Engineer.

16-3-110. Public hearings.

Table 16-C, Decision-Making Bodies and Public Hearing Requirements for Development

Applications, identifies the types of review processes for land development applications which shall be

considered during a public hearing and at what step during the review process that hearing shall occur.

Public notice shall be provided for each application type which is identified as requiring notice to be

given in accordance with Section 16-2-40 of this Code.

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TABLE 16-C

Decision-Making Bodies and Public Hearing Requirements for Development Applications

Application Type Decision-Making Bodies Public Hearing Required?

When?

Interpretation Administrator No

Administrative Review Administrator No

Limited Impact

Review

Planning Commission Yes

Major Impact Review Planning Commission

recommendation to City Council

Yes - for Planning Commission

review and for Council review or

ordinance adoption

Appeal of specific

orders, decisions or

interpretations

Designated body as outlined in

Table 16-A

Yes – if appeal is from a decision

rendered during a public hearing

Designation of historic

district or landmark

Administrator or his or her

designee recommendation to

Council

Yes – for Council ordinance

adoption

Minor certificate of

approval

Administrator or his or her

designee

No

Major certificate of

approval

Administrator or his or her

designee with advice from at least

three HPC members

No

Text Amendment Planning Commission

recommendation to City Council

Yes – for Council ordinance

adoption

Sign Permit Administrator No

Creative Sign Permit Planning Commission Yes

Verification of zoning

compliance

Administrator No

Annexation Planning Commission

recommendation to Council

Yes - for Planning Commission

review and for Council ordinance

adoption

Appeal (Board of

Appeals)

Board of Appeals No

16-3-120. Concurrent review.

When a development project involves multiple application types, whether subdivision or

development permits, the requests may be made and reviewed concurrently at the option of the applicant.

In the case of concurrent applications, the final decision making body on the more intensive application

path shall make the final decision on the multiple applications.

Page 245: Salida Municipal Code

16-3-130. Format of final submissions.

All final subdivision plats, development plans, record drawings and annexation maps shall be

submitted to the City on a method of data transfer acceptable to the City, in PDF and a format compatible

with DXF or DWG files. This requirement may be waived at the discretion of the Administrator.

16-3-140. Insubstantial changes or amendments to an approved development plan.

Once the development application has been approved, no substantial variation of the plan shall be

permitted without approval of the Administrator. Modifications to approved plans shall be reviewed and

may be approved by the Administrator upon finding that the amended plan is in substantial compliance

with the originally approved plan. Modifications to approved development applications may be brought

to the approving body for review at the discretion of the Administrator.

Page 246: Salida Municipal Code

ARTICLE IV

Zoning

16-4-10. Purpose of article.

This Article specifies the purpose and intent of zone districts that regulate the type and intensity of

land uses within the City. The zone districts have been organized into broad district classifications, these

being residential, mixed-use, commercial, and industrial. The incorporated area of the City is divided into

zone districts to achieve compatibility of uses and character within each zone district, guided by the

vision of the Salida Comprehensive Plan and to achieve the purposes of this Land Use Code.

16-4-20. Zone districts established.

To carry out the purpose and provisions of this Article, the City is divided into the following zone

districts:

(1) R-1, Single-Family Residential District.

(2) R-2, Medium Density Residential District.

(3) R-3, High Density Residential District,

(4) R-4, Manufactured Housing Residential District.

(5) RMU, Residential Mixed Use District.

(6) C-1, Commercial District.

(7) C-2, Central Business District.

(8) I, Industrial District

16-4-30. Official zoning map.

(a) Map Established. The boundaries of the zone districts established by this Land Use Code are

shown on the map entitled "The City of Salida Official Zoning Map" (hereinafter, "Official Zoning

Map"). The Official Zoning Map, and all explanatory materials contained therein, is hereby established

and adopted as part of this Land Use Code, incorporated into this Land Use Code by reference and made a

part hereof.

(b) Location. The Official Zoning Map is filed in the Office of the City Clerk. It is on display

and available for inspection during normal business hours.

(c) Amendment. If, pursuant to Section 16-4-210 below, an amendment is made to the Official

Zoning Map, such amendment shall be entered on the map by the Administrator promptly following its

adoption.

16-4-40. Determination of zone district boundaries.

Except where otherwise indicated, zone district boundaries shall follow municipal corporation

limits, section lines, ¼ section lines, ½ section lines, center lines of major rivers or tributaries, lot lines of

platted blocks, center lines of City or County roads or highways or right-of-way lines or extensions

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thereof. For non-subdivided property or where a zone district boundary divides a lot or parcel, the

location of such boundary, unless indicated by dimension, shall be determined by the scale of the Zone

District Map. Where a zone district boundary coincides with a right-of-way line and the right-of-way is

abandoned, the zone district boundary shall then follow the centerline of the former right-of-way. Land

not part of a public, railroad, or utility right-of-way which is not indicated as being in any zone district

shall be considered to be included in the most restricted adjacent zone district even when such district is

separated from the land in question by a public, railroad, or utility right-of-way.

16-4-50. Zoning of annexed territory.

All territory annexed to the City subsequent to July 3, 2002 shall be zoned according to district

classifications of this Article. Such classification shall be determined by the City Council, upon

recommendation of the Planning Commission. The proposed zoning shall be established in accordance

with applicable state statutes.

16-4-60. Application of regulations.

(a) Conformity to Use Regulations: Except as hereinafter provided, no building, structure or

property shall hereafter be used, and no building or structure shall be erected and no existing building or

structure shall be moved, altered or extended nor shall any land, building or structure be used, designed to

be used or intended to be used for any purpose or in any manner other than as provided for among the

uses hereinafter listed in the zone district regulations for the district in which such land, building or

structure is located. All buildings or structures must comply in all respects with the provisions of the

building code adopted by the City of Salida.

(b) Conformity to Setback, Bulk, Site Area and Height Provisions: Except as hereinafter

provided, no building or structure shall be erected nor shall any existing building or structure be moved,

altered or extended nor shall any open space surrounding any building or structure be encroached upon or

reduced in any manner, except in conformity with the building site area, building bulk, building location

and height provisions hereinafter provided in the zone district regulations for the district in which such

buildings, structures or open space is located.

(c) Lot Area, Yard, Frontage, Landscape Area, and Parking Restrictions: Except as hereinafter

provided, no lot area, yard, frontage, landscape area or parking provided about any building for the

purpose of complying with provisions of this Chapter shall be considered as providing lot area, yard,

frontage, landscape area or parking for any other building, and no lot area, yard, frontage, landscape area

or parking for a building on any other lot.

16-4-70. Residential zone districts.

Specific uses that are permitted, conditional or not allowed are outlined in this Article, Table 16-D,

Schedule of Uses –as are references to the review process required for various uses. The general purposes

of the residential zone districts established within this Chapter are as follows:

(1) Single-Family Residential (R-1). The purpose of the Single-Family Residential (R-1)

zone district is to provide for residential neighborhoods comprised of detached single-family

dwellings at relatively low densities. Complementary land uses may also include such supporting

land uses as parks, schools, churches, home occupations or day care, amongst other uses. Areas

designated Single-Family Residential (R-1) include low-density developing areas.

(2) Medium-Density Residential (R-2). The purpose of the Medium-Density Residential (R-

2) zone district is to provide for residential neighborhoods comprised of detached single-family

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dwellings, duplex dwellings and multi-family residences on smaller lots than are permitted in the

Single-Family Residential (R-1) zone district, allowing for slightly greater overall densities.

Complementary land uses may also include such supporting land uses as parks, schools, churches,

home occupations or day care, amongst other uses.

(3) High-Density Residential (R-3). The purpose of the High-Density Residential (R-3) zone

district is to provide for relatively high density duplex and multi-family residential areas, including

primarily triplex, townhouse and apartment uses. Complementary land uses may also include such

supporting land uses as parks, schools, churches, home occupations or day care, amongst other

uses.

(4) Manufactured Housing Residential (R-4). The purpose of the Manufactured Housing

Residential (R-4) zone district is to provide for relatively high density manufactured housing,

mobile home residences and mobile home parks. Complementary land uses may also include such

supporting land uses as parks, schools, churches, home occupations or day care, amongst other

uses. (Ord. 03, 2002 §9-6-2; Ord. 2005-07 §1)

16-4-80. Commercial, business and industrial zone districts.

Specific uses that are permitted, conditional or not allowed are outlined in this Article, Table 16-D,

Schedule of Uses –. The general purposes of the commercial and industrial zone districts established

within this Chapter are as follows:

(1) Residential Mixed Use (RMU). The purpose of the Residential Mixed Use (RMU) zone

district is to provide for opportunities for an integration of residential and commercial uses that are

developed and operated in harmony. The district should provide a variety of housing choices and

promote pedestrian connections.

(2) Commercial (C-1). The purpose of the Commercial (C-1) zone district is to provide for

commercial and service businesses in a pattern that allows ease of access by both vehicles and

pedestrians. Typically, residential uses are conditional within a C-1 zone district. Areas

designated Commercial (C-1) are located primarily along the City's main entrance corridors.

(3) Central Business (C-2). The purpose of the Central Business District (C-2) zone district

is to provide for the business and civic functions that make up the City's core. The Central

Business District (C-2) has a strong pedestrian character and provides for concentrated commercial

activity. It contains a mix of business, commercial and residential uses, and serves the needs of the

entire community and of visitors to the community.

(4) Industrial (I). The purpose of the Industrial (I) zone district is to provide for industrial

activity, both general and light, and service businesses, in areas where conflicts with commercial,

residential and other land uses can be minimized. Typically, residential uses are conditional within

an I zone district.

16-4-90. Principal and accessory uses.

(a) The primary use of a lot is referred to as a “principal use” which may be a land use or a

structure. Only one (1) principal use per lot is allowed in any zone district except for commercial and

light industrial zone districts where residential and nonresidential uses and where different nonresidential

uses may be allowed in the same building as specified in the zone district regulations. Only one (1)

principal building and its customary accessory buildings may be erected on any single lot in a residential

zone district unless approved through a Limited Impact Review.

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(b) A structure or land use that is customary, incidental, and accessory to the principal use is

referred to as an accessory use. Accessory uses must be located on the same lot as the principal use. A

building for a garage or storage, a home occupation, fences, hedges, and walls are permitted accessory

uses in any zone district, subject to any limitations listed in this Chapter.

16-4-100. Permitted uses.

Those uses designated as permitted in Table 16-D, Schedule of Uses are allowed as a matter of

right and without special authorization. The Administrator shall verify that development of a use allowed

by right complies with all standards and requirements of this Chapter.

16-4-110. Conditional uses.

(a) General. Conditional uses are those land uses which are generally compatible with the

permitted uses in a zone district, but which require site-specific review of their location, design, intensity,

density, configuration and operating characteristics, and which may require the imposition of appropriate

conditions, in order to ensure compatibility of the use at a particular location and mitigate its potentially

adverse impacts. It is the intent of these regulations to provide a review of conditional uses so that the

community is assured that any proposed conditional uses are suitable for the proposed location and are

compatible with the surrounding land uses. Conditional uses are generally appurtenant to the property

supporting the use; however, conditional use permits may also be made specific to the permit holder if

appropriate under the circumstances.

(b) When Allowed. Conditional uses may be permitted in designated zone districts upon approval

of the Administrator or Planning Commission as provided in these regulations.

(c) Application and Review. All applications for conditional uses will be reviewed according to the

procedures set forth in Section 16-3-60 for Administrative Conditional Uses and Section 16-3-80 for

Conditional Uses.

(d) Review Standards. An application for conditional use approval shall comply with the

following standards. In addition an application for a conditional use must demonstrate compliance with

any review standards particular to that use specified in Table 16-D.

(1) Consistency with Comprehensive Plan. The use shall be consistent with the City's

Comprehensive Plan.

(2) Conformance to Code. The use shall conform to all other applicable provisions of this

Chapter, including, but not limited to:

a. Zoning district standards. The purpose of the zone district in which it is located,

the dimensional standards of that zone district and any standards applicable to the particular

use, all as specified in Article V.

b. Site development standards. The parking, landscaping, sign and improvements

standards.

(3) Use Appropriate and Compatible. The use shall be appropriate to its proposed location

and be compatible with the character of neighboring uses, or enhance the mixture of

complementary uses and activities in the immediate vicinity.

(4) Traffic. The use shall not cause undue traffic congestion, dangerous traffic conditions or

incompatible service delivery, parking or loading problems. Necessary mitigating measures shall

be proposed by the applicant.

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(5) Nuisance. The operating characteristics of the use shall not create a nuisance, and the

impacts of the use on surrounding properties shall be minimized with respect to noise, odors,

vibrations, glare and similar conditions.

(6) Facilities. There shall be adequate public facilities in place to serve the proposed use, or

the applicant shall propose necessary improvements to address service deficiencies which the use

would cause.

(7) Environment. The use shall not cause significant deterioration to water resources,

wetlands, wildlife habitat, scenic characteristics or other natural features. As applicable, the

proposed use shall mitigate its adverse impacts on the environment.

16-4-120. Expiration of conditional use permit.

(a) Conditional use permit approval shall be valid for one (1) year from the date of approval

or within a longer period determined by the Administrator or Planning Commission, as applicable, for

uses which involve phasing, but in no event longer than five (5) years from the date of approval. The

conditional use approval may contain conditions as deemed appropriate by the Administrator or Planning

Commission in approving the permit. Within the one-year period, or other approved period, the permit

holder must either begin construction or establish the land use authorized by the conditional use permit,

including any conditions attached to the conditional use approval. Failure to start construction or establish

such use within the one-year or other applicable time period shall result in automatic expiration of the

conditional use permit. Once a conditional use is established, any discontinuance of the use for a period of

one (1) year, for any reason, shall result in automatic expiration of the conditional use permit, unless

otherwise provided in the permit. The approval of a conditional use may or may not identify an initial

term for the conditional use. Upon expiration of the term, if the permit is so limited, the conditional use

permit shall automatically expire.

(b) Prior to expiration of the initial term or an extended term, the applicant may submit a

request to the Administrator to extend the conditional use approval, which request shall specify the

reasons why the use should be permitted to continue. The approval shall be deemed extended until the

Administrator or Planning Commission, as applicable, has acted upon the request for extension. The City

shall be authorized to deny an extension or extend the approval and to impose additional conditions, if

necessary.

16-4-130. Revocation of conditional use permit.

(a) Violations. All stipulations submitted as part of a conditional use permit and all

conditions imposed by the Administrator or Planning Commission, as applicable, shall be maintained in

perpetuity with the conditional use. If at any time the stipulations or conditions are not met or have been

found to have been altered in scope, application or design, the use shall be in violation of the conditional

use.

(b) Abatement. If and when any conditional use is determined to be in violation of the terms

and conditions of approval, the Administrator shall notify the permit holder in writing and shall provide

the permit holder with a thirty (30) day period in which to abate the violation.

(c) Revocation. If the violation of the conditional use continues after the thirty (30) day

period specified in the written request for abatement of the violation, the Administrator shall schedule a

hearing before the Planning Commission. Notice of the hearing shall be provided to the permit holder in

accordance with Section 16-2-30 of this Chapter. Following a proper hearing, the Planning Commission

shall issue a decision either revoking or sustaining the conditional use permit.

Page 251: Salida Municipal Code

(d) Appeals. Appeals of the Planning Commission decision regarding revocation of the

conditional use permit may be brought by the permit holder according to the procedure established at

Section 16-2-60 of this Chapter.

16-4-140. Uses not itemized.

Uses not specifically described in a particular zone district may be considered a conditional use

in that zone district if the Administrator determines, in writing, that the proposed use is substantially

similar to a use specifically described in that particular zone district.

16-4-150. Schedule of uses and review process.

(a) Uses.

(1) Permitted Uses. "P" indicates uses which are permitted.

(2) Administrative Conditional Uses. “AC” indicates conditional uses which are allowed

subject to administrative review.

(3) Conditional Uses. “C” indicates uses which are allowed, subject to conditional use

review. The Planning Commission shall conduct a public hearing to determine

whether the conditional use complies with all standards and requirements of this

chapter, pursuant to the limited impact review process.

(4) Not Permitted. “N” indicated uses which are prohibited.

(b) Development permits.

(1) Administrative Review. “AR” indicates uses which are allowed subject to administrative

review.

(2) Limited Impact Review. "LR" indicates uses which are allowed, subject to approval

through the limited impact review process.

(3) Major Impact Review. “MR” indicates uses which are allowed, subject to approval

through the major impact review process.

(c) Standards. The "Standards" column refers the reader to the subsection of the text which

contains review standards applicable to particular uses.

(d) Intensity of Use. Table 16-D describes the minimum review process for uses within the

City. The size or intensity of a proposed nonresidential or mixed-use project may trigger

a more intensive review process under the size parameters set forth in Section 16-3-40 of

this Chapter.

Page 252: Salida Municipal Code

TABLE 16-D

Schedule of Uses

N = Not Permitted

P = Permitted

AC = Administrative

Conditional Use

C = Conditional Use

AR = Administrative Review

LR = Limited Impact Review

MR = Major Impact Review R-1 R-2 R-3 R-4

RMU

C-2

C-1

I

Standards1

Residential Uses

Accessory buildings and

structures.

P P P P P P P P

Multiple principal structures N LR LR LR LR LR LR LR Sec. 16-4-

190(b)

Accessory dwelling units AR AR AR AR AR AR AR AR Sec. 16-4-

190(c)

Duplex dwelling units N P P P P P LR3 LR

3

Residential (3 - 4 units) N AR AR AR AR AR AR3 AR

3

Residential (5 - 19 units) N LR AR AR LR AR LR3 LR

3

Residential (20 or more units) N MR MR MR MR MR MR3 MR

3

Single-family dwelling units P P AR3 AR

3 AR AR AR

3 AR

3

Medical marijuana

cultivation—patient or

primary caregiver—up to six

plants

P P P P P P P P Sec. 16-4-

190(j)

Medical marijuana

cultivation—patient or

primary caregiver—more than

six plants

N

N

N

N

N

N

LR

N

Sec. 16-4-

190(j)

Mobile home parks

N

N

N

LR

N

N

N

N

Sec. 16-4-

190(d)

One or more dwelling units on

the same site as a commercial

or industrial use

N

N

N

N

AR

AR

LR

LR

Recreational vehicles – long

term occupancy

N

N

N

AR

N

N

AR

N

Sec. 16-4-190

(i)

Recreational vehicle parks

N

N

N

LR

N

N

LR

N

Sec. 16-4-

190(e)

Rooming or boarding houses2 N N LR

3 LR

3 LR

3 LR

3 LR

3 N

Residential Business Uses R-1 R-2 R-3 R-4 RMU C-2 C-1 I Standards1

Bed and breakfast inns C C C C P P P N

Page 253: Salida Municipal Code

Day care, adult C C C C LR AR AR LR Sec. 16-4-

190(f)

Day care, small AC AC AC AC AC AC AC AC Sec. 16-4-

190(f)

Day care, large C C C C C AC AC C Sec. 16-4-

190(f)

Home occupations P P P P P P P P Sec. 16-4-

190(g)

Home businesses C AC AC AC AC AC AC AC

Public/Institutional Uses R-1 R-2 R-3 R-4 RMU C-2 C-1 I Standards1

Bus Stations N N N N N LR LR LR

Churches, parish homes and

religious education buildings

AR AR AR AR AR AR AR AR

Clubs operated by and for

their members

LR LR LR LR LR P P P

Community buildings LR LR LR LR LR AR AR N

Government administrative

facilities and services

LR LR LR LR LR AR AR AR

Group homes C C C C C N C N

Hospitals N N N N MR MR MR MR

Nursing homes N MR MR MR MR N MR N

Parks AR AR AR AR AR AR AR AR

Public parking facilities N N N N LR LR LR LR

Recreation facilities C AR AR AR AR AR AR AR

Schools LR LR LR LR LR LR LR LR

Commercial, Personal

Service and Office Uses R-1 R-2 R-3 R-4

RMU

C-2

C-1

I

Standards1

Commercial lodging N N N N LR AR AR N

Commercial parking lots and

garages

N N N N LR LR LR LR

Drive-in facilities N N N N N LR LR N Sec.16-4-

190(l)

Drive-in food or beverage

facilities

N N N N N LR LR N Sec.16-4-

190(l)

Outdoor amusement

establishment

N N N N N N LR LR

Eating and drinking

establishments

N LR LR LR P P P LR

Medical marijuana centers N N N N N N AR N Sec. 16-4-190(k)

Retail marijuana store N N N N N N AR N Sec. 16-4-

190(k)

Page 254: Salida Municipal Code

Marijuana cultivation facilities N N N N N N LR LR Sec. 16-4-

190(p)

Professional offices N N N N P P P LR

Campground N N N N N N MR MR

Retail sales and rental

establishments

N

LR

LR

LR

P

P

P

LR

Sec. 16-4-

190(m)

Temporary commercial

activities

N N N N LR LR AR LR Sec. 16-4-

190(n)

General Services R-1 R-2 R-3 R-4 RMU C-2 C-1 I Standards1

Automobile sales, service and

repairs

N N N N N LR P P

Gasoline service stations and

car washes

N

N

N

N

N

N

AR

AR

Mobile home and recreational

vehicle sales and services

N

N

N

N

N

N

P

P

Veterinary clinics N N N N N LR LR LR

Industrial Uses R-1 R-2 R-3 R-4 RMU C-2 C-1 I Standards1

Light industrial N N N N LR LR AR AR

Heavy industrial N N N N N N MR MR

Medical marijuana infused

products manufacturing

operation

N

N

N

N

N

N

N

N

Medical marijuana optional

premises cultivation operation

N

N

N

N

N

N

N

N

Communication facility N N N N N N MR LR Sec. 16-4-

190(o)

Storage yards N N N N N N LR LR

Warehouses, enclosed storage

and truck terminals

N

N

N

N

N

N

LR

P

Wholesale businesses N N N N N LR LR P

Bulk fuel storage facilities and

wholesale sales of fuels

N

N

N

N

N

N

N

LR

Junkyards, salvage yards or

automobile wrecking yards

N

N

N

N

N

N

N

MR

Notes: 1 The standards referenced herein are in addition to all other applicable standards of this Land Use Code.

2 Provided that State Health Code space and sanitation requirements are met.

3 An existing dwelling can be modified or rebuilt as a matter of right.

* The allowed use is conditional in the SH 291 Corridor Overlay (291 CO). Refer to Section 16-5-50

regarding the SH 291 Corridor (291 CO) District.

Page 255: Salida Municipal Code

Sec. 16-4-160. Nonconformities

(a) Intent. Within the City there exist uses, structures and lots which were lawfully

established pursuant to the zoning and building regulations in effect at the time of their development

which do not now conform to the provisions of this Chapter. It is the intent of the City to permit these

nonconformities to continue, but not to allow them to be enlarged or expanded, so as to preserve the

integrity of the zone districts and the other provisions of this Chapter.

(b) Continuation of nonconforming use. Uses of a nonconforming building or structure may

be continued subject to the following conditions:

(1) Use of a nonconforming building or structure shall not be expanded, altered,

enlarged or relocated, except as permitted in Section 16-4-160(c) below.

(2) Whenever a nonconforming building or structure has been damaged by fire or

other cause to the extent of more than eighty percent (80%) of its replacement

cost, as determined by the Administrator, it shall only be reconstructed in

compliance with the provisions of this Chapter.

(3) Nonconforming buildings may be repaired and maintained.

(4) A nonconforming structure shall not be moved to another location unless it shall

thereafter conform to the provisions of the zone district into which it is moved.

(c) Additions to nonconforming building or structure.

(1) A nonconforming structure may be extended or altered in a manner that does not

increase its nonconformity.

(2) An extension to a nonconforming structure may be permitted by the

Administrator to comply with the provisions of the Americans With Disabilities Act

(ADA), provided that it is demonstrated that the only way to comply with the Act would

be through an extension which increases the structure's nonconformity, and that the

extension is the minimum necessary to comply with the Act.

(d) Discontinuation, damage or destruction. A nonconforming building, premises, land,

property or use shall be required to come into conformity with all applicable

requirements of this Code if any of the following occur:

(1) The nonconforming building, premises, land or property is vacated for a period

of one (1) year or more, or the nonconforming use ceases for a period of one (1) year or

more.

(2) Except as otherwise specifically permitted by this Code, a nonconforming

building, premises, land, property or use is enlarged, altered or expanded.

(3) A nonconforming building, premises, land, property or use is changed to a

conforming building, premises, land, property or use.

(4) A nonconforming building, premises, land, or property is destroyed in any

manner, or is damaged in any manner; except that, in the event of damage to the extent of

fifty percent (80%) or less of its replacement value, the building, premises, land, property

Page 256: Salida Municipal Code

or use may be restored to its original condition, provided that such restoration shall be

started within six (6) months and shall be completed within twenty-four (24) months of

the event of said damage. This Paragraph shall not apply to any nonconforming building,

premises, land or property, which is occupied as a residence, or to any nonconforming

use as a residence.

(5) A nonconforming building, premises, land or property which is occupied as a

residence, or any nonconforming use as a residence, is destroyed in any manner, or is

damaged in any manner; except that, in the event of such damage or destruction, the

building, premises, land, property or use may be restored to its original condition,

provided that such restoration shall be started within six (6) months and shall be

completed within eighteen (18) months of the event of said damage or destruction.

16-4-170. Nonconforming lots.

(a) A primary structure and customary accessory buildings and structures may be developed

on a lot which is nonconforming as to minimum lot size or minimum lot frontage, provided that it can be

located on the lot so that all other dimensional standards are met, or a variance from said dimensional

standards is obtained pursuant to Article III above, and provided that the development complies with all

other standards of this Chapter.

(b) No lot that is conforming as to minimum lot size or minimum lot frontage may be

reduced in size or subdivided in such a way that it creates a nonconforming lot, causes any structure or

use to become nonconforming, or causes the nonconformity of any use to increase.

Sec. 16-4-180. Zoning Variances

(a) Purpose. Variances are authorization to deviate from the literal terms of this Land Use Code

that would not be contrary to the public interest in cases where the literal enforcement of the provisions of

this Land Use Code would result in undue or unnecessary hardship. A variance shall not be granted

solely because of the presence of nonconformities in the zone district or adjoining districts.

(b) Variances Authorized. Variances from the standards of the underlying zone district shall be

authorized only for maximum height, minimum floor area, maximum lot coverage, maximum lot size,

minimum setbacks and parking requirements.

(c) Administrative Variances. Because the development of much of historic Salida preceded

zoning, subdivision and construction regulations, many buildings within the older neighborhoods of the

City do not conform to contemporary zoning standards. In order to encourage restoration and

rehabilitation activity that would contribute to the overall historic character of the community, variances

from underlying zoning requirements for side and front setbacks may be granted by the Administrator

under the following circumstances:

(1) Existing Primary Structure. The Administrator may grant a variance from a setback

requirement for an addition to a primary structure if it continues the existing building line. The

Administrator shall only consider allowing the encroachment into the setback if it can be shown

that maintenance of the building addition can be provided on the subject property and that it is not

injurious to adjacent neighbors.

(2) Traditional Neighborhood Setbacks. The Administrator may grant a variance from a

front setback requirement for a primary structure if the neighboring properties encroach into the

front setback. The variance shall not permit the structure to encroach further into the front setback

than the neighboring primary structures. The Administrator shall only consider allowing the

Page 257: Salida Municipal Code

encroachment into the setback if it can be shown that such encroachments are the existing

development pattern of the block on which the subject property is located and that the

encroachment would not be injurious to adjacent neighbors.

(d) Use Variances Not Authorized. Establishment or expansion of a use otherwise prohibited in

a zone district shall not be allowed by variance.

(e) Required Showing for Variances. The applicant shall demonstrate the following to the Board

of Adjustment before a variance may be authorized:

(1) Special Circumstances Exist. There are special circumstances or conditions which are

peculiar to the land or building for which the variance is sought that do not apply generally to land

or buildings in the neighborhood;

(2) Not Result of Applicant. The special circumstances and conditions have not resulted

from any act of the applicant;

(3) Strict Application Deprives Reasonable Use. The special circumstances and conditions

are such that the strict application of the provisions of this Chapter would deprive the applicant of

reasonable use of the land or building;

(4) Variance Necessary to Provide Reasonable Use. The granting of the variance is

necessary to provide the applicant a reasonable use of the land or building;

(5) Minimum Variance. The granting of the variance is the minimum necessary to make

possible the reasonable use of the land or building;

(6) No Injury to Neighborhood. The granting of the variance will not be injurious to the

neighborhood surrounding the land where the variance is proposed, and is otherwise not

detrimental to the public welfare or the environment; and

(7) Consistency With Code. The granting of the variance is consistent with the general

purposes and intent of this Land Use Code.(f) Authorization to Impose Conditions. The

Administrator, in approving an administrative variance, or the Board, in approving the variance,

may impose such restrictions and conditions on such approval, and the premises to be developed or

used pursuant to such approval, as it determines are required to prevent or minimize adverse effects

from the proposed variance on other land in the neighborhood and on the general health, safety and

welfare of the City. All conditions imposed upon any variance shall be set forth in the granting of

such variance.

Sec. 16-4-190. Review Standards Applicable to Particular Uses.

(a) Uses in Zone Districts. Certain uses are important to the character and functions of the City,

but may not be appropriate in all circumstances within a particular zone district. Such uses cannot be

judged solely by standards common to all uses in the zone district. These uses also require additional

standards by which their location, site plan, operating characteristics and intensity can be reviewed.

Those uses which require such additional standards are identified in the "Standards" column of Table 16-

D, Schedule of Uses. The standards for each of these uses follow below.

(b) Multiple Principal Buildings.

Page 258: Salida Municipal Code

(1) Scale. The entire site, including all proposed structures, shall be of a scale that is

compatible with the surrounding and nearby properties. Scale shall mean the proportional

relationship of the principal buildings to each other and to the neighborhood, including but not

limited to height, mass, setbacks and orientation.

(2) Parking and Access. Required parking shall be provided on the site for all buildings and

uses on the site. Access should be consolidated to reduce curb cuts and shall be provided through

alleys where available.

(3) Provision of Adequate Services. Each principal structure shall have its own municipal

services, including water and sewer, in accordance with Chapter 13, Municipal Utilities, of this

Code.

(c) Accessory Dwelling Unit/Structure.

(1) Location. An accessory dwelling unit may be located within or attached to the primary

dwelling unit, or may be detached from the primary dwelling unit if located in or above a garage or

lawful accessory building. Only one (1) accessory dwelling unit is allowed per lot.

(2) Square Footage. An accessory dwelling unit shall not exceed seven hundred (700) square

feet of habitable floor area. Habitable floor area means the total floor area contained within the

inside walls of a structure with at least 7.0’ of headroom. Habitable floor area does not include

unfinished attics, areas used for access such as stairs and covered porches, garage space used for

the parking of cars or storage, unfinished basements and utility rooms less than 50 sq. ft. All other

areas of an accessory dwelling unit shall count towards habitable floor area.

(3) Parking. There shall be one (1) additional off-street parking space provided for the

accessory dwelling unit.

(4) Occupancy. The accessory dwelling unit shall not be condominiumized or sold and shall

not be rented to visitors for periods of less than thirty (30) days. A maximum of two (2) related or

unrelated people may inhabit an accessory dwelling unit.

(d) Mobile Home Park. New mobile home parks shall comply with the standards of the

underlying zone district, except as otherwise specified herein. This Section applies to new parks. Mobile

home parks existing as of June 3, 2002 may maintain the plan currently on file with the City Clerk.

However, if any mobile home park existing at the time of adoption alters its plan in any way, the new plan

must comply with the provision of this Chapter. Additionally, replacement mobile homes shall meet the

National Manufactured Home Construction and Safety Standards Act of 1974 (hereinafter referred to as

"the HUD Code.")

(i) Replacement of Mobile Homes. A mobile home within a nonconforming

mobile home park may be replaced with another mobile home, even if the dimensions of the

replacement mobile home result in an increase in the degree of nonconformity of the mobile

home park with respect to the minimum setbacks set forth in Paragraph 16-4-190(d)(4)

below.

(1) Minimum Park Size. The placement of two (2) or more mobile homes on a single lot of

record constitutes the creation of a mobile home park and shall meet the standards of this Section.

(2) Maximum Density. The maximum density in a mobile home park shall be twelve (12)

mobile home units per gross acre.

Page 259: Salida Municipal Code

(3) Minimum Space Size. The minimum space size of a mobile home is provided below.

Larger mobile homes may require larger minimum lot sizes.

a. Single-section unit. The minimum space size for a single-section or single-wide

mobile home unit shall be three thousand (3,000) square feet.

b. Multi-section unit. The minimum space size for a multi-section or double-wide

mobile home unit shall be four thousand (4,000) square feet.

(4) Minimum Setbacks of Each Unit Space.

a. Perimeter. All permanent structures, mobile homes and accessory structures shall

be set back a minimum of fifteen (15) feet from all boundaries of the mobile home park.

b. Front yard. The unit shall be a minimum of ten (10) feet from the front lot line.

Accessory structures are not permitted in the front yard.

c. Side spacing. A minimum of twenty (20) feet between units shall be provided.

Accessory detached structures shall be set back a minimum of five (5) feet from any other

structure.

d. Rear. The unit shall be a minimum of ten (10) feet from the rear lot line.

Accessory structures shall be set back a minimum of five (5) feet from any other structure.

(5) Recreation Area.

a. Minimum standard. A usable area amounting to not less than ten percent (10%) of

the gross area of the park shall be designated and improved by the developer for recreation

use. The recreation area shall not include any area designated as a roadway, unit space or

storage area and shall be conveniently located and free from all natural hazards. The

recreation area shall count toward the minimum landscape area standard of the underlying

zone district. The recreation area requirement may be waived by the Planning Commission in

the conditional use process if it is determined that sufficient public recreation facilities are

available in the immediate vicinity of the park but a fee-in-lieu shall be required.

b. Assurances. As part of the application for the mobile home park, the developer

shall submit assurances acceptable to the City that the recreation area will be improved in a

timely manner so as to be suitable for active recreation use in accord with the approved plan

and adequately maintained for as long as the park is in existence.

(6) Utilities Installation and Connection.

a. Connection required. No mobile home shall be occupied within any mobile home

park unless it meets all minimum setbacks and space size requirements and is connected to all

utility services, including the City water system, a public sewage disposal system and

electrical lines. Utility connections shall be located on the space served.

b. Code compliance. Utility installations and connection taps shall be installed to

comply with all state and local codes. Fire hydrants shall be installed to comply with City

standards and fire codes.

c. Underground. All utilities, except major power transmission lines, shall be placed

underground.

Page 260: Salida Municipal Code

d. Lighting. Adequate lighting shall be provided in compliance with the standards of

Section 16-7-60 below.

(7) Site Conditions. All parks shall be drained, graded and surfaced as necessary to facilitate

drainage and prevent erosion, and shall be free from depressions in which water collects and

stagnates, other than approved on-site retention facilities.

(8) Parking. There shall be a minimum of one (1) off-street parking space provided on each

mobile home space. Guest parking shall also be provided in a common parking area, with one (1)

guest space provided for every four (4) mobile home spaces in the park.

(9) Roadways and Walkways.

a. Private. Internal roadways and walkways within the mobile home park shall be

privately owned, paved and maintained, and shall be designed for safe access to all mobile

home spaces and parking areas.

b. Walkways. Walkways of not less than three (3) feet in width shall be provided

from unit spaces to all service buildings and recreation areas, and on at least one (1) side of all

roadways within the mobile home park.

c. Entrance. The entrance to the mobile home park shall be from a public road. The

entrance shall not be located closer than one hundred fifty (150) feet to any public street

intersection and shall be a minimum of thirty (30) feet in width.

(10) Location of Unit.

a. Obstruction prohibited. No mobile home shall be parked so that any part of such

unit will obstruct any roadway or walkway in a park.

b. Located on an approved space. No unit shall be occupied in a park unless the unit

is located on an approved unit space.

(11) Outdoor Storage.

a. Individual buildings required. Individual outdoor storage buildings shall be

provided on each unit space for the personal use of the occupants of said space. Such storage

buildings shall have a minimum floor space of fifty (50) square feet and shall be not less than

six (6) feet in height. Space beneath the mobile homes shall not fulfill this requirement.

b. Outdoor storage prohibited. No outdoor storage, other than that accommodated in

individual outdoor storage buildings or boats, trailers and vehicles where stored on separate

and additional parking spaces, shall be allowed on mobile home spaces, except cut and

stacked firewood.

(12) Skirting. All mobile home units shall be skirted with a material which has been

manufactured for skirting. Such skirting shall be in place within ninety (90) days after the mobile

home is set on the mobile home space. Note: straw, hay, sawdust or other like material shall not

be placed beneath or around the mobile home.

(13) Unit Space Numbering. Each space in a mobile home park shall have its space number

displayed uniformly with reflective numbers of a minimum height of three (3) inches.

Page 261: Salida Municipal Code

(e) Recreational Vehicle Park. A recreational vehicle park shall comply with the standards of the

underlying zone district, except as otherwise specified herein.

(1) Minimum Park Size. A recreational vehicle park shall be developed and operated on a

site of at least three (3) acres.

(2) Minimum Space Size. Each recreational vehicle unit space shall contain a surfaced area

of not less than ten (10) feet by thirty (30) feet. Surfacing shall consist of asphalt, concrete or not

less than four (4) inches of gravel, with edging required. A recreational vehicle shall be parked in

its entirety on the surfaced area.

(3) Minimum Setbacks for Recreational Vehicles. The minimum setback requirements for

all permanent structures and recreation vehicles shall be as follows:

a. Perimeter. A minimum of fifteen (15) feet from all boundaries of the park.

b. Separation. Recreational vehicles shall be separated from each other and from

other structures by at least ten (10) feet. Any accessory structure such as attached awnings or

carports for purposes of this separation requirement shall be considered to be part of the

recreational vehicle.

(4) Recreation Area.

a. Minimum standard. A usable area amounting to not less than ten percent (10%) of

the gross area of the park shall be designated and improved by the developer for recreation

use. The recreation area shall not include any area designated as a roadway, unit space,

parking area or storage area, and shall be conveniently located and free from all natural

hazards. The recreation area shall count toward the minimum landscape area standard of the

underlying zone district.

b. Assurances. As part of the application for the recreational vehicle park, the

developer shall submit assurances acceptable to the City that the recreation area will be

improved in a timely way so as to be suitable for active recreation use in accordance with the

approved plan and adequately maintained for as long as the park is in existence.

(5) Landscaping. Landscaping shall be required for an area amounting to not less than

fifteen percent (15%) of the gross area of the park. The landscape area may include the recreation

area and common landscape areas, and shall include a landscape area provided within the required

perimeter setback to effectively screen or buffer the park from surrounding properties. The

required landscape area shall comply with Section 16-7-40 of this Chapter.

(6) Utilities Installation and Connection.

a. Code compliance. Utility installations and connection taps shall be installed to

comply with all state and local regulations and codes. Electrical installations shall comply

with all state and local electrical codes.

b. Underground. All utilities, except major power transmission lines, shall be placed

underground.

c. Lighting. Adequate lighting shall be provided in compliance with the standards of

Section 16-7-60 of this Chapter.

Page 262: Salida Municipal Code

(7) Fire Protection. Every recreational vehicle park shall be equipped at all times with fire

extinguishing equipment in good working order of such type, size and number and so located

within the park as prescribed by the Fire Marshal, with reference to the City's fire code. Fire

hydrants shall be installed to comply with City standards and fire codes.

(8) Roadways and Walkways.

a. Private. Internal roadways and walkways within the recreational vehicle park shall

be privately owned, built and maintained, and shall be designed for safe access to all spaces,

parking areas, service buildings and recreation areas.

b. Entrance. The entrance to the recreational vehicle park shall be from a public road.

The entrance shall not be located closer than one hundred fifty (150) feet to any public street

intersection, shall be a minimum of thirty (30) feet in width, and shall be designed to comply

with minimum American Association of State Highway and Transportation Officials

(AASHTO) standards.

(9) Location of Unit.

a. Obstruction prohibited. No recreational vehicle shall be parked so that any part of

such unit will obstruct any roadway or walkway in a park.

b. Locating on approved space. No unit shall be occupied in a park unless the unit is

located on an approved unit space.

(10) Dump Stations. Dump stations may be installed, in accordance with City specifications.

(11) Refuse and Garbage. Every four (4) recreational vehicle spaces shall have provided one

(1) container for trash and garbage and a rack or holder at a permanent location for the same. Trash

and garbage containers shall be located within one hundred (100) feet of any unit space they serve.

(12) Service Building. A service building shall be installed in all recreational vehicle parks.

The number and type of facilities required to be contained in the building shall be as shown in

Table 16-C. The service building shall also meet the following standards:

a. Private compartments. Each water closet, bath or shower shall be in a private

compartment and shall meet the requirements of the City's plumbing code.

b. Sound-retardant wall. A sound-retardant wall shall separate the toilet facilities for

each sex when provided in a single building.

c. Utility sink. A minimum of one (1) utility sink shall also be provided for disposal

of liquid wastes and for clean-up and maintenance of the service building.

d. Construction. The service building shall be of permanent construction and be

provided with adequate light, heat and positive ventilation in shower and bathing areas.

Interior construction of the service building shall use cleanable, moisture resistant materials on

walls, ceilings and floors, and use slip-resistant materials on floors.

e. Openings screened. All windows, doors or other openings shall be screened to

keep out insects.

Page 263: Salida Municipal Code

f. Plumbing. All plumbing shall conform to the most recently adopted version of the

building code and the local plumbing code. Hot and cold running water shall be provided in

the service building.

g. Telephones. At least two (2) public telephones shall be provided at the service

building.

TABLE 16-E

Minimum Required Service Building Facilities

TOILETS URINALS LAVATORIES SHOWERS

Ind. Dep. Ind. Dep. Ind. Dep. Ind. Dep.

15 1 1 2 1 2 2

1 2 1 2 2

16—30 1 2 3 1 3 2

1 3 1 3 2

31—45 1 3 3 1 4 3

1 4 1 4 4

46—60 1 4 4 1 5 4

1 5 1 5 5

61—80 1 4 4 1 5 5

1 6 1 5 6

Ind. = Independent status recreational vehicle park

Dep. = Dependent status recreational vehicle park

MEN

WOMEN

(f) Day Care, Small, Large and Adult.

(1) Parking. A day care facility, small, large or adult, shall provide one (1) off-street parking

space per nonresident employee. This space shall be provided in addition to any parking required

for other uses of the property.

(2) Drop-off/Pickup Area. One (1) designated off-street drop-off/pick-up space shall be

provided per each four (4) children at a large day care facility and for every four (4) clients at an

adult day care. The space shall be available during operating hours for loading and unloading of

children or clients.

(3) Outside Area – Fence. The required play or recreation area shall not be located in the

property's front yard.

(4) State Codes. The day care facility shall comply with all applicable state codes.

(5) Hours of Operation. The hours of operation for the day care may be restricted in

residential neighborhoods to limit adverse impacts of noise and traffic on neighboring properties.

Page 264: Salida Municipal Code

(g) Home Occupation and Home Business.

(1) Use Subordinate. The use of a dwelling for a home occupation or home business shall be

clearly incidental and subordinate to its use for residential purposes and shall not change its basic

residential character. The use shall not exceed thirty percent (30%) of the total structure's square

footage.

(2) Activity Conducted Indoors. All on-site activities associated with a home occupation or

home business shall be conducted indoors. Materials and equipment used in the home occupation

or home business shall be stored in a building.

(3) Employment.

a. Home occupation. A home occupation shall be conducted only by persons residing

on the premises and no more than one (1) employee residing off-premises.

b. Home business. A home business shall be conducted by persons residing on the

premises and no more than three (3) employees residing off-premises.

(4) Patrons. A home occupation shall not serve patrons on the premises. A home business

may serve patrons on the premises, provided that all other standards of this Section are met.

(5) Parking. One (1) off-street parking space shall be required for each employee residing

off-premises. These spaces shall be provided in addition to the parking required for the principal

residential use of the property.

(6) Sales. Incidental sale of supplies or products associated with the home occupation or

home business shall be permitted on the premises. A home occupation or home business whose

primary activity is retail sales shall be prohibited, except if the function of the home occupation or

home business is catalogue sales. An appropriate sales tax license shall be obtained and

maintained during the course of business.

(7) Nuisance. A home occupation or home business shall not produce noise, electrical or

magnetic interference, vibrations, heat, glare, odors, fumes, smoke, dust, traffic or parking demand,

and shall not operate at such hours or in such a manner as to create a public nuisance, disturb

neighbors or alter the residential character of the premises.

(8) Codes. The building shall comply with all applicable City building, fire and safety codes

for the particular business.

(9) Advertising. No outdoor advertising of the home occupation or home business shall be

permitted, except as provided in Table 16-I of this Chapter.

(h) Group Home.

(1) Neighborhood Density. A group home shall not be located closer than seven hundred

fifty (750) feet to another group home.

(2) Health and Safety Codes. The group home shall comply with all applicable local, state or

federal health, safety, fire and building codes.

Page 265: Salida Municipal Code

(i) Recreational Vehicles.

(1) Except as otherwise provided for in this section, recreational vehicles may be occupied

for residential or commercial use for no more than five (5) days on private property within a thirty

(30) day period. Otherwise, recreational vehicles shall be used for human occupancy only when

permitted as a conditional use in accordance with this Chapter or when located within a lawful

mobile home park or recreational vehicle park. Occupancy of a recreational vehicle for commercial

or residential use in excess of this limit shall be deemed a long-term occupancy of such vehicle and

shall only be permitted as a conditional use in designated zone districts in accordance with the

standards of such underlying zone district and as specified herein.

(2) Long-term occupancy of recreational vehicles for residential or commercial use shall

only be permitted as a conditional use in accordance with Tables 16-D, respectively, if the

following standards are met.

a. The recreational vehicle proposed for long-term occupancy must be located on a

previously established mobile home site.

b. All long-term occupancy recreational vehicles shall have a minimum square

footage of one hundred twenty (120) square feet and hard-sided exteriors. No soft-sided

exteriors shall be permitted.

c. The minimum setbacks for long-term occupancy recreational vehicles shall meet

the standards for a primary structure in the underlying zone district.

d. Each long-term occupancy recreational vehicle shall count towards one unit of a

lot’s allowed density. Long-term occupancy recreational vehicles shall not exceed the

permitted density for any lot.

e. Long-term occupancy recreational vehicles shall be separated from each other and

from other structures by at least ten (10) feet. Any accessory structure such as attached

awnings or carport shall be considered part of the recreational vehicle for purposes of this

requirement.

f. Landscaping shall be installed to meet the underlying zone district standards in

compliance with Section 16-8-90 of this Chapter.

g. Utility installations and connection taps shall be installed to comply with all state

and local regulations and codes. Electrical installations shall comply with all state and local

electrical codes. All utilities, except major power transmission lines, shall be placed

underground.

h. Lighting. Adequate lighting shall be provided in compliance with the standards of

Section 16-8-100 of this Chapter.

i. Water and wastewater fees and charges shall be paid in compliance with Chapter

13 of this Code.

j. Only one access shall be granted to a site with long-term occupancy recreational

vehicles. The access point must be from an alley where alley access is available.

k. Parking. One additional parking space for every recreational vehicle shall be

provided in compliance with Section 16-8-80 of this Chapter.

Page 266: Salida Municipal Code

l. Every long-term occupancy recreational vehicle shall be equipped at all times with

fire extinguishing equipment in good working order of such type, size and number and so

located as prescribed by the Fire Marshal, with reference to the City’s standards and fire

codes.

(j) Cultivation of medical marijuana by patients and primary care-givers. Medical marijuana, as

defined at Section 161-80 of this Chapter, may only be grown, cultivated, or processed by patients or

primary care-givers within the City in compliance with the following regulations.

(1) The growing, cultivation, or processing of medical marijuana shall be done in full

compliance with all applicable provisions of Amendment 20, the Colorado Medical Marijuana

Code, Section 25-1.5-106, C.R.S., as may be amended, and other applicable laws.

(2) When medical marijuana is grown in a primary residence, medical marijuana may not be

grown, cultivated, or processed in the yard, curtilage, or other area outside of the patient’s or his or

her primary caregiver’s primary residence.

(3) Medical marijuana may be grown, cultivated, or processed within a primary residence

only by a primary caregiver for his or her patients, or a by patient for himself or herself.

(4) Not more than six medical marijuana plants may be grown, cultivated, or processed

within a primary residence; provided, however, that up to twelve medical marijuana plants may be

grown, cultivated, or processed within a primary residence if more than one patient or primary

caregiver resides within the primary residence.

(5) Medical marijuana shall not be grown, cultivated, or processed within the common area

of any real property that is devoted to a residential use.

(6) The growing, cultivation, and processing of medical marijuana shall not be perceptible

from the exterior of the primary residence or other building.

(7) The smell or odor of marijuana growing within the primary residence shall not be capable

of being detected by a person from any adjoining lot, parcel or tract of land not owned by the owner

of the primary residence, or from any adjoining public right of way.

(8) The space within the primary residence or other building where medical marijuana is

grown, cultivated, or processed shall meet all applicable requirements of the City’s Building Codes

at Chapter 18 of this Code.

(9) If a patient or primary caregiver grows, cultivates, or processes medical marijuana within

a primary residence that he or she does not own, the primary caregiver or patient shall obtain the

written consent of the property owner before commencing to grow, cultivate or process medical

marijuana on the property.

(10) No chemical shall be used by a patient or primary caregiver to enhance or extract

tetrahydrocannabinol (THC) from medical marijuana that is grown in a primary residence.

(11) Violations of this Section shall be subject to the general penalty provisions of the

City set forth at Chapter 1, Article IV of this Code and to the provisions of Article II of this Chapter

16.

Page 267: Salida Municipal Code

(k) Medical marijuana centers.

(1) No medical marijuana center or retail marijuana store as defined at Section 16-1-80 and

Section 6-3-10 shall be established except in accordance with the following location requirements:

a. Each medical marijuana center and retail marijuana store shall be

operated from a permanent and fixed location. No medical marijuana center shall be located in a

movable, mobile or transitory location.

b. No medical marijuana center and retail marijuana store shall be located

within one thousand feet (1,000’) of another medical marijuana center. Distance shall be calculated

using the standard established in the Colorado Medical Marijuana Code.

c. No medical marijuana center or retail marijuana store shall be located

within one thousand feet (1,000’) of a school as defined at Section 16-1-80 of this Code. Distance

shall be calculated using the standard established in the Colorado Medical Marijuana Code.

(l) Drive-in Facility.

(1) Circulation. Drive-through lanes shall be separated from circulation lanes required to

enter or exit the property. Drive-through lanes shall be marked by striping, pavement markings or

barriers.

(2) Minimize Impacts. Drive-through lanes shall be designed and located to minimize

impacts on adjoining properties, including screening or buffers to minimize noise impacts. A

fence, wall or other opaque screen of at least six (6) feet in height shall be provided on all sides of

the site that are located adjacent to property that is zoned for or occupied by residential uses.

(m) Retail Sales Establishment. Goods may be produced on a small scale within a retail sales

establishment and be sold in the local area, provided that:

(1) Areas Limited. Production shall be limited to no more than seventy percent (70%) of the

area of the retail establishment.

(2) Safety and Environmental Hazards Prohibited. Production shall not pose any safety or

environmental hazards to the public in the retail or production area.

(n) Temporary Commercial Uses and Activities. Temporary commercial uses and activities may

be allowed only when:

(1) Use Allowed. The commercial use itself is allowed or is approved as a conditional use in

the zone district.

(2) Parking. Adequate parking is provided for the use, as determined by the Administrator.

(3) Health and Safety Codes. The use complies with all applicable health and safety codes

and a permit for the use is obtained from the Building Official.

(4) Location. The use is situated such that it does not block any required access or egress

from the site and is not located on any required parking.

Page 268: Salida Municipal Code

(o) Communication Facilities.

(1) FCC Compliant. The owner/operator of a proposed facility shall document in writing

that it complies, and will continue to comply, with current Federal Communications Commission

standards for cumulative field measurements of radio frequency power densities and

electromagnetic fields, and Federal Communications Commission regulations prohibiting localized

interference with the reception of television and radio broadcasts.

(2) Maximum Height. A proposed facility, including antennae, shall not exceed the

maximum structure height established for the zoning district in which the facility is to be located.

Building- or structure-mounted antennas shall extend no more that ten (10) feet above the highest

point of the building or structure to which they are attached.

(3) Siting. The siting of a proposed facility must utilize existing or new land forms,

vegetation, landscaping and structures so as to screen the facility from surrounding properties and

public rights-of-way to the maximum extent feasible, and/or blend the facility with its surrounding

environment.

(4) Compatibility. Facility design, materials, color and support structures, if any, shall be

compatible with the surrounding environment, and monopole antennae and/or support structures

shall be tapered from base to tip.

(5) Accessories. Any accessory equipment, shelters or components shall be grouped together

as closely as possible and screened from view.

(6) Mounted Facilities. The maximum protrusion of such facilities from the building or

structure to which they are attached shall be two (2) feet unless it can be shown by the applicant

that it is not feasible to meet this criterion.

(7) Financial Security. All permits for communication facilities shall be subject to a bond or

other adequate financial security posted by the permittee and deposited with the City to ensure the

disassembly and removal of the facility upon the expiration of the facility. The bond or other

security shall designate the City as beneficiary.

(p) Marijuana cultivation facilities

(1) No marijuana cultivation facility shall be established except in accordance with the

licensing requirements of Section 6-1-140.

(2) No marijuana cultivation facility shall be located within one thousand feet (1,000’) of a

school as defined at Section 16-1-80 of this Code. Distance shall be calculated using the

standard established in the Colorado Medical Marijuana Code.

(3) Nuisance. A marijuana cultivation facility shall not produce noise, electrical or magnetic

interference, vibrations, heat, glare, odors, fumes, smoke, dust, traffic or parking demand,

and shall not operate at such hours or in such a manner as to create a public nuisance,

disturb neighbors or alter the commercial character of the premises.

(4) Activity Conducted Indoors. All on-site activities associated with marijuana cultivation

facility shall be conducted indoors. Materials and equipment used in the marijuana

cultivation facilities shall be stored in a building.

Page 269: Salida Municipal Code

(5) Health and Safety Codes. The use complies with all applicable health and safety codes

and a building permit for the use is obtained from the Chaffee County Building

Department.

Sec. 16-4-200. Zone district dimensional standards.

Table 16-E, Schedule of Dimensional Standards, specifies the dimensional standards applicable to

development in the City's residential and commercial, business and industrial zone districts. All

residential and nonresidential development shall meet these standards, unless other standards are specified

for a use or by a zone district overlay in this Land Use Code.

(1) Buildings Occupying More Than One (1) Lot. Where a duplex, condominium or multi-

family residential project has been resubdivided into more than one (1) lot, it shall be considered to

be occupying one (1) lot for purposes of complying with district regulations such as lot coverage,

minimum lot size, lot frontage and setbacks. For purposes of this Section, the boundaries of the

one (1) lot shall be the outermost lot lines of all lots occupied by the duplex, condominium or

multi-family residential project.

(2) Zero Lot Line Conditions. Where an individual owns two (2) or more adjoining lots, a

zero lot line concept may be used as to the side yard setback for commercial or single-household

dwelling unit developments. In residential districts, this may result in the creation of a two-

household residential structure, only in districts permitting such a structure. In all such cases, the

minimum side yard setback shall be maintained adjacent to the exterior side, or nonzero lot line

side, of the structure.

(3) Maximum Height for Public and Institutional Uses. The maximum height allowed for

public and institutional uses in commercial zones as listed in Table 16-D shall be fifty-four (54)

feet. For each foot of height above thirty-five (35) feet, the required side yard setback shall be

increased by one (1) foot. Public and institutional structures which are constructed in accordance

with the provisions of this Chapter may be converted to private use, after which transfer they shall

be considered legally nonconforming. The maximum height for public and institutional uses in

residential zones as listed in Table 16-D shall remain thirty-five (35) feet unless altered through the

Planned Development process.

Page 270: Salida Municipal Code

TABLE 16-F

Schedule of Dimensional Standards

Dimensional

Standard R-1 R-2 R-3 R-4 RMU C-1 C-2 I

Min. lot size (sq. ft.) 7,500 5,625 5,625 4,000 5,625 5,625 N/A 5,625

Density (Lot s.f./Min.

lot area per dwelling

unit)

3,750 3,125 2,400 2,400 3,125 2,800 N/A 2,800

Min lot size (sq. ft.) -

attached units

N/A 3,125 2,400 2,400 3,125 2,800 N/A 2,800

Min. lot frontage 50' 37' –

6"

37' –

6"

37' –

6"

37' –

6"

37' –

6"

No Req. 37' –

6"

Min. lot frontage –

attached units

N/A 20’ 15’ 15’ 20’ 20’ N/A 20’

Max. lot coverage:

structures (additive

coverage total for

structures and

uncovered parking

cannot exceed 90%

except in

C-2)

35% 40% 45% 45% 45% 60% 100%**

*

60%

Max. lot coverage:

uncovered

parking/access

(additive coverage

total for structures

and uncovered

parking cannot

exceed 90% except in

C-2)*****

10% 15% 25% 25% 25% 60% No

Req.***

30%

Min. landscape area 55% 45% 30% 30% 30% 10% No

Req.*

10%

Min. setback from

side lot line for a

primary bldg.

8' 5' 5' 5' 5' 5'** No Req. 5'**

Min. setback from

side lot line for a

detached accessory

bldg.

3' 3' 3' 3' 3' 3' No Req. 3'

Min. setback from

rear lot line:

principal bldg.

30' 20' 20' 15' 15' 5'** No Req. 5'**

Min. setback from

rear lot line:

accessory bldg.

5' 5' 5' 5' 5' 5' N/A 5'

Page 271: Salida Municipal Code

Min. setback from

front lot line

30' 20' 20' 15' 15' 10' No Req. 10'

Max. building height

for a primary bldg.

35' 35' 35' 35' 35' 35' 35' 35'

Max. building height

for a detached

accessory bldg.

25' 25' 25' 25' 25' 25' 25' 25'

Notes:

* If a property does not utilize the zero setback allowance, the minimum landscape area shall be

10%.

** If the property adjoins a residential zone district, setbacks on the side and rear lot line shall be

the same as those in the residential zone.

*** Existing structures are not required to meet off-street parking requirements. New structures

and additions shall meet off-street parking requirements.

**** A covered porch may encroach into the front yard setback by twenty-five percent (25%).

***** If a front-loaded garage is set back at least ten (10) feet behind the primary street-facing

building facade, the lot coverage between the garage entrance and the primary, street-facing

building facade shall not be included in the calculation of lot coverage for uncovered

parking/access.

Sec. 16-4-210. Rezoning.

The City may, from time to time, amend the number shape or boundaries of any zone district.

Such an amendment to a zone district is known as rezoning. Rezoning applications are reviewed pursuant

to the provisions of Section 16-3-90, Major Impact Review.

(a) Initiation of Rezoning. An amendment to the Zoning Map may be initiated by the City

Council, the Planning Commission, the Administrator, or the owner of that real property subject to the

proposed rezoning.

(b) Application Contents.

(1) Zone districts. The present zone district designation of the property and the zoning of all

adjacent properties.

(2) Survey map. An accurate survey map of the property proposed for amendment, stating

the area of the property proposed to be amended in square feet or acres.

(3) Existing uses. A description of existing uses on the property and on all adjacent

properties.

(4) Statement of intended development. A written statement by the applicant identifying the

intended use or development of the subject parcel and the timing of said development, describing

the community need for the change in zoning, and explaining the effect the change in zoning would

have on surrounding uses.

(c) Review standards for map amendments. An application for an amendment to the Zoning

Map shall comply with the following standards:

(1) Consistency With Comprehensive Plan. The proposed amendment shall be consistent

with the Comprehensive Plan.

Page 272: Salida Municipal Code

(2) Consistency With Purpose of Zone District. The proposed amendment shall be consistent

with the purpose of the zone district to which the property is to be designated.

(3) Compatibility With Surrounding Zone Districts and Uses. The development permitted by

the proposed amendment shall be compatible with surrounding zone districts, land uses and

neighborhood character.

(4) Changed Conditions or Errors. The applicant shall demonstrate that conditions affecting

the subject parcel or the surrounding neighborhood have changed, or that due to incorrect

assumptions or conclusions about the property, one (1) or more errors in the boundaries shown on

the Zoning Map have occurred.

Page 273: Salida Municipal Code

ARTICLE V

Zoning Overlays

16-5-10. General.

This Article specifies the purpose and intent of zone district overlays established by this Chapter.

It is the intent and purpose of this Article to ensure the quality of development in the zone district

overlays by establishing design criteria and standards that will allow the City to review and direct the

development and redevelopment of properties within the zone district overlays. Zone district overlays

shall be designated on the City’s Zoning Map. The provisions of this Article shall be applied in addition

to any other applicable regulations of this Chapter.

16-5-20. Zone district overlays established.

The following zone district overlays are hereby established to carry out the purpose and

provisions of this Article:

(1) SDHD, Salida Downtown Historic District Overlay.

(2) HPO, Historic Protection Overlay

(3) 291 CO, SH 291 Corridor Overlay

(4) 50 CO, Highway 50 Corridor Overlay

(5) LHLO, Local Historic Landmark Overlay

(6) Sackett’s Addition Overlay

(7) PD, Planned Development District

16-5-30. Salida Downtown Historic District Overlay (SDHD).

(a) Purpose. The Salida Downtown Historic District is established for the purpose of

protecting, preserving, stabilizing, enhancing and perpetuating the buildings, sites, structures and

character of the City's original historic downtown area.

(b) Applicability. The standards for the Salida Downtown Historic District Overlay, which

are located in Article XII of this Chapter, shall apply to all development on parcels or lots which are

located within the area falling within the boundaries of the Salida Downtown Historic District established

and identified by the National Park Service of the U.S. Department of the Interior. All areas within the

district shall remain subject to the City's zoning, subdivision and building regulations, in addition to the

regulations contained within this Chapter.

16-5-40. Historic Protection Overlay (HPO).

(a) Purpose. The purpose of the Historic Protection Overlay (HPO) is to provide for the

protection of the historic character of the areas surrounding or in the vicinity of the Salida Downtown

Historic District and to ensure that the planning and development of the downtown is compatible with and

enhances the historic, cultural and architectural heritage of the City.

Page 274: Salida Municipal Code

(b) Applicability. The standards of the Historic Protection Overlay (HPO) shall apply to all

development on parcels or lots which are located within the boundaries of the Central Business District

(C-2) zoning district but are outside the Salida Downtown Historic District Overlay (SDHD). This

Section establishes standards and criteria to be used in the review of development applications proposed

within the Historic Protection Overlay District. In no instance shall this Chapter require renovation or

changes to existing properties or structures when no development applications are required to be

submitted. These regulations shall only be applicable when development is proposed by an applicant.

(c) Areas. The boundaries of the Historic Protection Overlay (HPO) are congruent with

those of the Central Business (C-2) zone district on the Official Zoning Map, excluding any structures or

lots located in the Salida Downtown Historic District Overlay (SDHD).

(d) Uses. The uses permitted in the Historic Protection Overlay (HPO) are those uses

specified in the Central Business District (C-2) zoning district.

(e) Standards. The standards listed below shall apply to development in the Historic

Protection Overlay (HPO). These standards shall be in addition to those of the underlying zone district in

which the property is located and in addition to the other applicable standards of this Chapter. No

building or other development permit shall be issued for a structure in the Historic Protection Overlay

(HPO) absent compliance of the structure with the following standards:

(1) Setbacks. Historic settlement patterns often contribute to the distinct character of

the district, and therefore they should be preserved. Setbacks shall follow the traditional building

line.

(2) Mass and Scale. The traditional similarity in scale of the buildings within the

area enhances the character of the street and visual continuity. The construction of a new

building or addition shall be similar in mass and scale to those in the immediate area.

(3) Building form. Use building forms that are similar to those seen traditionally on

the block. Simple rectangular solids are typically appropriate.

(4) Facade proportions. The overall proportion is the ratio of the width to height of

the building and shall be similar to those of historic buildings in the immediate area.

(5) Roofs. Roof forms shall be similar to those seen traditionally in the block.

(6) Architecture. Architectural details contribute to the sense of character of the

street. To enhance the distinction between old and new buildings, contemporary interpretations

of traditional details are encouraged. Existing historical details shall be preserved.

(i) Materials. The principal materials used on building facades shall be

indigenous to the Salida Downtown Historic District Overlay, including brick or wood.

Two (2) or more materials shall be used for exterior materials and architectural form,

excluding roofing materials. Tilt-up concrete and cinder blocks are prohibited, and metal

shall not exceed twenty-five percent (25%) of the surface area of exterior materials

excluding roofs. The facades of buildings shall be articulated with architectural

treatments; long blank walls shall be avoided.

Page 275: Salida Municipal Code

(ii) Windows. A new building or addition should maintain the basic window

proportions and placement seen traditionally in the area. Windows with vertical

emphasis are encouraged.

16-5-50. SH 291 Corridor Overlay (291 CO).

(a) Purpose. The purpose of the SH 291 Corridor Overlay (291 CO) is to establish standards

for development along one (1) of the primary entrances to the City along the Highway 291 Corridor, and

to provide for a transitional area between the City's commercial and residential uses, by allowing for

relatively lower intensity commercial uses which are compatible with residential uses and which maintain

the character of the existing residential neighborhood. This is accomplished by a combination of

provisions for pedestrian and vehicular access and building setbacks which provide for attractive,

functional development while allowing for the continued growth of the commercial and residential uses

within this corridor.

(b) Applicability. The standards of the SH 291 Corridor Overlay (291 CO) shall apply to all

development on parcels which have frontage on S.H. 291 within the sub-areas described herein.

(c) Areas. The boundaries of the SH 291 Corridor Overlay (291 CO) are shown on the

Official Zoning Map. There are two (2) sub-areas within this district as follows:

(1) Established Commercial. The Established Commercial sub-area establishes the

initial entry image for the City on its northwestern and southern entrances. It extends from "O"

Street to the northwestern City limits along S.H. 291 and from Wood Avenue in a southerly

direction along S.H. 291 to U.S. 50.

(2) Established Residential. The Established Residential sub-area continues the

entry image for the City along S.H. 291 as the highway approaches the commercial core. It

extends from "O" Street southeasterly along S.H. 291 to the boundary of the Salida Downtown

Historic District Overlay; and from Wood Avenue in a northwesterly direction along S.H. 291 to

the boundary of the Salida Downtown Historic District Overlay.

(d) Standards. The standards listed below shall apply to development in the SH 291 Corridor

Overlay (291 CO). These standards shall be in addition to those of the underlying zone district in which

the property is located, in addition to the other applicable standards of this Chapter. No building or other

development permit shall be issued for a structure in the SH 291 Corridor Overlay (291 CO) absent

compliance of the structure with the following standards:

(1) Building Setbacks.

(i) Established Commercial. The Established Commercial sub-area shall

meet the underlying zone district setback requirements.

(ii) Established Residential. The Established Residential sub-area shall meet

the underlying zone district setback requirements, except for the front yard setback. The

front yard setback in Established Residential shall relate to those of existing adjacent

structures. The building should be constructed at a distance not more than five (5) feet in

front of or behind the existing front setbacks of adjacent buildings. When developing lots

adjacent to buildings having significantly greater or lesser setbacks than the uniform

historic setback of other buildings on S.H. 291, new buildings should be located in

compatible relationships to the uniform setback provided by most structures on S.H. 291.

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(2) Parking and Access.

(i) Established Commercial. The Established Commercial sub-area shall

meet the off-street parking standards of Article VI of this Chapter. Shared access is

encouraged.

(ii) Established Residential. Required off-street parking in the Established

Residential sub-area shall be located to the rear of the building. Curb cuts on S.H. 291

shall be discouraged. Off-street parking standards are located in Article VI of this

Chapter.

(iii) Highway access. Any access onto the highway requires approval from

the Colorado Department of Transportation. Curb cuts shall meet the Colorado

Department of Transportation's "Highway Access Code." The provisions of the Highway

291 Corridor Overlay District shall be complied with in addition to, and to the extent not

in conflict with, the State Highway Access Law and Code.

(iv) Pedestrian access. Sidewalks shall be provided within the 291 CO.

Sidewalks along S.H. 291 are typically detached with a width of five (5) feet. The

parkway located between the curb or travel lane shall be a minimum of four (4) feet wide.

In areas where a sidewalk is being installed that will connect with an existing sidewalk,

the placement and dimensions shall match the existing sidewalk. Installation of

improvements within the Colorado Department of Transportation's right-of-way requires

approval via a Utilities/Special Use permit from the Colorado Department of

Transportation.

(3) Mass and Scale for Established Residential. New infill development within the

Established Residential sub-area shall be similar to the size and scale of buildings adjacent to the

development. The design of buildings shall look appropriate to and compatible with their

surroundings and shall not exceed two (2) stories.

(4) Architectural Standards for Established Commercial. With new construction,

including an addition, two (2) or more materials must be used for exterior materials within the

291 CO, excluding roofing and structural materials. Tilt-up concrete is prohibited, and metal

shall not exceed twenty-five percent (25%) of the surface area of exterior materials, excluding

roofs. Specifically exempt from the requirement of using two (2) or more materials are single-

family residences, duplex family residences and the accessory structures for single-family and

duplex family development.

(5) Uses by Right and Conditional Uses.

(i) Residential development. Single-family, duplex dwelling and

multifamily dwellings (three [3] units or less) are allowed uses by right in the SH 291

Corridor Overlay (291 CO). Multifamily dwelling units (four [4] units or greater) are a

conditional use.

(ii) Commercial development. Some of the commercial uses that are

allowed in the underlying C-1 zone district are only allowed as a conditional use in the

overlay districts. The uses that are conditional are indicated by an asterisk in Table 16-D,

Schedule of Uses for Commercial/Industrial Zone Districts, contained in Article V of this

Chapter.

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(6) Other Standards. Other standards throughout this Chapter may apply to a

particular development. Additional standards include Use and Dimensional Standards, Off-Street

Parking Standards, Landscaping and Illumination Standards, Sign Standards and Improvement

Standards. The Administrator can assist with any questions as to the applicability of a particular

standard.

16-5-60. Highway 50 Corridor Overlay (50 CO).

(a) Purpose. The purpose of the Highway 50 Corridor Overlay (50 CO) is to establish

standards for the efficient, well-ordered and safe development of one (1) of the primary entrances to the

City which is also one (1) of its major highways. A combination of landscape and architectural standards

and provisions for pedestrian and vehicle access will provide for attractive and functional development

while allowing continued commercial growth within this corridor.

(b) Applicability. The standards of the Highway 50 Corridor Overlay (50 CO) shall apply to

parcels which front Highway 50. In no instance shall this Chapter require changes or renovation to

existing properties or structures when no development applications are required to be submitted. Interior

renovations are not subject to these regulations; however, new construction, a change of use of the

property or an expansion of use will be applicable. These regulations shall only be applicable when

development is proposed by an applicant.

(c) Standards. The standards listed below shall apply to development in the Highway 50

Corridor Overlay (50 CO). These standards shall be in addition to those of the underlying zone district in

which the property is located and in addition to the other applicable standards of this Chapter. No

building or other development permit shall be issued for a structure in the Highway 50 Corridor Overlay

(50 CO) absent compliance of the structure with the following standards:

(1) Access.

(i) Vehicular access. Vehicular access to the property shall be obtained

using curb cuts which are shared with other properties whenever feasible and provided

for with appropriate easements. Curb cuts shall meet the Colorado Department of

Transportation's "Highway Access Code." The provisions of Highway 50 Corridor

Overlay (50 CO) shall be complied with in addition to, and to the extent not in conflict

with, the State Highway Access Code. Any access onto the highway requires approval

from the Colorado Department of Transportation.

(2) Streetscape and Lighting.

(i) Sidewalks. Sidewalks shall be provided within the Highway 50 Corridor

Overlay (50 CO). Sidewalks fronting Highway 50 shall be detached sidewalks with a

width of six (6) feet. The parkway located between the curb or travel lane and the

sidewalk shall be four (4) feet wide. A sidewalk design may be modified, with approval

from the Administrator, if attaching to an existing sidewalk that does not meet this

standard or if the existing site development is such that the standard sidewalk and

parkway width requirements would adversely affect existing required parking or would

not fit between the road edge and front of an existing building. When extraordinary

conditions prohibit the installation of the sidewalk, a fee-in-lieu may be allowed.

Installation of improvements within the Colorado Department of Transportation's right-

of-way requires approval via a Utilities/Special Use permit from the Colorado

Department of Transportation.

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(ii) Parkways. The parkway located between the curb or travel lane and the

sidewalk shall be four (4) feet in width. The parkway shall be stamped, colored concrete

as proposed in the Highway Corridor Improvement Plan or as approved by the Public

Works Director.

(iii) Lighting. Streetlights shall be installed in the parkway. The streetlights

shall meet the model and specifications identified in the Highway Corridor Improvement

Plan. Approximate streetlight locations are shown in the Highway Corridor Improvement

Plan. Exact locations will be subject to the approval of the Public Works Director.

(3) Building Setbacks. To create a consistent image throughout the corridor, new

construction should be developed in a manner that complements the historic pattern of buildings

being located close to the highway.

(4) Landscaping Standards. The minimum landscape area applicable to any property

in the Highway 50 Corridor Overlay (50 CO) shall be that required in the underlying zone

district. At a minimum, this landscaping shall be located along the road frontages identified

herein and shall also be located within and around the parking areas, as described in Section 16-7-

40 below.

(i) Highway frontage buffer. There shall be an average of one (1) tree

planted per thirty (30) feet of the property's highway frontage adjacent to the highway.

These trees shall be planted on the subject property, along the property's frontage

adjacent to the highway, and may be clustered.

(ii) Side road buffer. If the subject property is a corner lot, there shall also

be an average of one (1) tree planted per forty (40) feet of the property's side road

frontage. These trees shall be planted in a minimum four-foot-wide landscape strip along

either side of the pedestrian path. These trees shall be planted on the subject property,

along the property's frontage adjacent to the side road and may be clustered.

(5) Storage Areas. Storage areas shall be visually screened from pedestrian paths

and the highway, using a fence, wall, trees or large shrubs. Storage areas include, but are not

limited to, outside storage areas, open areas where machinery or heavy equipment is parked,

loading docks and trash receptacles.

(6) Architectural Standards.

(i) Materials. With new construction, including an addition, two (2) or more

materials must be used for exterior materials excluding roofing and structural materials.

Tilt-up concrete is prohibited and metal shall not exceed twenty-five percent (25%) of the

surface area of exterior materials excluding roofs.

(ii) Façade treatment. Long, blank walls must be avoided. The principal

materials used on building facades should be wood (including siding), stone, brick or

stucco. The facades of buildings must be broken up by the use of different materials or

architectural treatments.

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(iii) Fenestration. A minimum of twenty percent (20%) of the front facade of

a building which houses a principal use on the parcel shall be glass. When a building

containing a principal use is completely screened from the view from the highway, the

structure shall be exempt from the fenestration requirement.

(7) Other Standards. Other standards throughout this Chapter may apply to a

particular development. Additional standards include Use and Dimensional Standards, Off-Street

Parking Standards, Landscaping and Illumination Standards, Sign Standards and Improvement

Standards. The Administrator can assist with any questions as to the applicability of a particular

standard.

16-5-70. Local Historic Landmark Overlay (LHLO).

(a) Purpose. The Local Historic Landmark Overlay is established for the purpose of

protecting, preserving, stabilizing, enhancing and perpetuating individual historic buildings, sites and

structures that exemplify the history of the City.

(b) Applicability. The standards for the Local Historic Landmark Overlay, which are located

in Article XVIII of this Chapter, shall apply to all development on parcels or lots which are designated as

local historic landmarks in this Chapter. All areas within the Overlay shall remain subject to the City's

zoning, subdivision and building regulations, in addition to the regulations contained within Article

XVIII.

16-5-80. Sackett’s Addition Overlay.

(a) Purpose. The purpose of the Sackett’s Addition Overlay is to ensure that future

construction in this historic area, including the alteration of an existing structure and infill development,

be designed in such a way that it will be compatible with existing structures and will protect and preserve

the character of the neighborhood. This objective is accomplished through a variety of building standards

complimented by recommended design elements.

(b) Applicability. The standards of the Sackett’s Addition Overlay shall apply to all

development on parcels or lots located within the boundaries of the Sackett’s Addition Overlay as

established and identified by the City and shown on the map of the neighborhood prepared by the

Planning Department and available for inspection at City Hall. Additionally, the boundaries of the

Sackett’s Addition Overlay are shown on the Official Zoning Map of the City. These regulations shall

establish standards and criteria to be used in review of development applications proposed within the

Sackett’s Addition Overlay and shall be applicable only when development is proposed by an applicant.

In no instance shall this Section require changes or renovation to existing properties or structures when no

development applications are required to be submitted.

(c) Standards. The standards listed below shall apply to development in the Sackett’s

Addition Overlay. These standards shall be in addition to those of the underlying zone district in which

the property is located and to other applicable standards of this Chapter. No building or other

development permit shall be issued for a structure in the Sackett’s Addition Overlay absent compliance of

the structure with the following standards:

(1) Building Setbacks.

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(i) The front setback for new primary structures must be the same as that for

other primary structures on that side of the block. If the front setbacks on the block are

variable, the front setback of the new structure must be within the established range of

those seen on that side of the block. The setback of an addition must be equal to or

greater than the front setback of the primary façade of the existing structure.

(ii) Recognizing the importance of preserving the existing scale and

proportion to adjacent primary structures and the critical role that side setbacks play in

the perception of mass, the required side setbacks are dependent on the maximum height

of the roof line of a new primary structure or addition. The setback from each side lot

line does not have to be equal; however, each side setback must be at least 5 feet and

meet or exceed the minimum horizontal distance from the roof apex to neighboring house

foundation.

Table 16-G

Height/Setback Relationship for Sackett’s Addition Overlay

Structure Height Min. horizontal distance from roof apex to widest point of

the neighboring house foundation*

15 or less ft tall 10-ft

> 15-21 ft tall 16-ft

> 21-23 ft tall 21-ft

> 23-26 ft tall 25-ft

*If the actual side setback of the neighboring

primary structure is less than 5 ft, the property

owner may use 5 ft rather than the lesser amount

in determining if the minimum horizontal

distance between structures has been met.

Example: the proposed house or addition is 24

feet tall. The neighboring house is only 3 ft

from the property line. The apex of the

proposed house needs to be at least 20 ft off the

property line (20+5=25) rather than 22 feet off

the property line (22+3=25) to meet the

minimum horizontal distance.

(iii) A roof pitch of 4:12 or less is considered to be a flat roof such that the

height of the apex is projected to the edge of the roof adjacent to the side setbacks.

Dormers projecting towards the side setbacks may not displace more than fifty percent

(50%) of the roof area from which they project.

(iv) Attached residential units on separate parcels are not subject to the

height/setback relationship along the shared lot line between the two structures. New

attached residential units on separate parcels or additions to such existing structures shall

be subject to height limitations derived from distance to foundations of neighboring

structures or 26’, whichever is less.

(2) Mass and Scale. New single family structures and additions in the neighborhood

must appear from the street to be similar in mass and scale to other single family structures on

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that side of the block. Multifamily structures must also appear to be similar in mass and scale to

existing structures on that side of the block and complement the existing streetscape.

Historically, square footage is “hidden” in the roof line or behind the front façade:

(i) Height. Maximum height allowed for a new primary structure or

addition is 26 feet. However, if an existing primary structure taller than 26 feet should be

completely destroyed by a natural cause such as fire, a new structure may be built to the

height and square footage of the original structure. Any additional footprint must adhere

to the design requirements. Within the overlay area, height is measured to the top of the

ridge or parapet but does not include chimneys, solar installations, etc.

(ii) Mass. Size of primary structures is limited as shown in Table 16-O. If more than

one primary structure is proposed, they must share the allotted floor area. If an existing primary

structure greater in mass than what is allowed in the design requirements should be completely

destroyed by a natural cause such as fire, a new structure may be built to the square footage of the

structure prior to destruction.

Table 16-H

Allowed Floor Area for Sackett’s Addition Overlay

Lot Size Size of primary structure

0 - 3,750 (lot area)(0.4)

3,750 - 7,500 1,500 + (.106667)(lot area - 3,750)

7,500 - 11,250 1,900 + (.106667) (lot area - 7,500)

11,250 - 15,000 2,300 + (.106667) (lot area - 11,250)

Note: No Lot shall be allowed less than 1,200 sq. ft.

(3) Accessory structures. New accessory structures must be subordinate in terms of mass,

scale, and height to the primary structure.

(i) The maximum height allowed for new accessory structures is one and

one-half stories. The height of a new accessory structure must be subordinate to the height of the primary

structure.

(ii) Garages must be detached from the primary structure and must be

accessed from the alley where there is alley access.

(4) Restorations. When the primary façade of an older structure is to be restored to its

original, historic appearance, a deviation request pursuant to subsection (5) will not be required if the

restoration will conflict with the front setback requirements.

(5) Deviations. Deviations from the requirements of these design guidelines may be

permitted upon a finding by the Planning Commission that the proposed design solution is consistent with

the existing mass and height of the block where the new structure or addition is proposed. In reviewing

an application for a deviation the Planning Commission may consider the unique challenges of a

particular site or existing structures of the site. Such challenges may include but are not limited to,

narrow lot width, low foundation heights of adjacent structures, or unusual setbacks on existing or

adjacent structures. Deviations will follow the development review procedures of Section 16-10 of the

Land Use Code for applications where the Planning Commission is the decision making body. If a

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variance is requested from other provisions of the code not addressed in these design guidelines, that

variance will follow the normal procedure of Section 16-12 of the Land Use Code.

(d) Design Recommendations. In addition to the Sackett’s Addition Overlay

building standards set forth in subsection (c) above, the City strongly encourages compliance with

the Sackett’s Addition Design Recommendations, a copy of which is available for inspection at

City Hall. These design elements were created to ensure that new infill construction or the

alteration of existing structures will enhance the existing character and historic nature of the

Sackett’s Addition neighborhood. Although compliance with the Design Recommendations is

not mandatory, structures designed without considering these elements may be incompatible with

the Sackett’s Addition neighborhood.

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ARTICLE VI

Subdivision

16-6-10. Types of Subdivisions.

The division of land into two or more separate parcels, lots, sites, tracts or interests, including any

parcel of land which is to be used for condominiums or any other multiple-dwelling units with separately

conveyed interests, is a subdivision and is regulated by the provisions of this Chapter. The subdivision of

land is a significant step in the process of urban development. The arrangement of land parcels for

residential, commercial, industrial, recreational, utility and other public purposes will determine to a large

degree the qualities of health, safety, convenience, environment and general welfare of the City. The

following are types of subdivisions in the City.

(1) Major subdivisions are subdivisions that result in the creation of more than five (5)

parcels, lots, units, sites, tracts or interests out of the property as it existed prior to any

subdivision.

(2) The division of lots or parcels of previously subdivided land or amended plats that

involve more than ten (10) lots are resubdivisions. Resubdivisions are reviewed as major

subdivisions.

(3) The division of previously unsubdivided land into five (5) or fewer separate parcels, lots,

units, sites, tracts or interests is a minor subdivision. Additionally, public and private utility mains

must be available and in place to serve each proposed lot such that only a service line connection

for each lot to a main is necessary.

(4) Subdivision actions that affect no more than ten (10) lots within a subdivision and do not

create additional lots or interests in property and that result in a material change in the boundaries

of a subdivision by way of adding or deleting land or lots to the subdivision, reconfiguration,

division or aggregation of existing platted lots or correction of technical errors on subdivision

plats are amended plats.

(5) The division of a single lot on which an existing duplex dwelling is located, or is to be

constructed, into two (2) separate lots is a duplex conversion subdivision.

16-6-20. Major Subdivision.

A major subdivision is subject to the major impact review process established in Article III of this

Chapter unless the subject property has an approved overall development plan, in which case conceptual

plan is waived.

16-6-30. Minor Subdivision.

A minor subdivision is generally subject to the limited impact review process established in

Article III of this Chapter.

16-6-40. Resubdivisions.

Resubdivisions are reviewed in the same manner as a major subdivision with the same purposes.

To the extent that submittal information, otherwise required in Section 16-6-110, was submitted as part of

the original subdivision proposal and is adequate by current standards, the applicant for approval of a

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resubdivision does not need to submit the information again and may reference such submittal

information in the resubdivision application. The Community Development Director will determine the

technical adequacy of previously submitted information.

16-6-50. Amended Plats.

(a) Amended plats do not create additional lots or interests in property but are subdivision

actions that result in a material change in the boundaries of a subdivision by way of adding or deleting

land or lots to the subdivision, or the reconfiguration, division or aggregation of existing platted lots.

Amended plats are also used to correct errors on a subdivision plat. The amended plat process is limited

to applications that affect no more than ten (10) lots within a subdivision. Amendments affecting more

than ten (10) lots or amendments within a subdivision with an expired subdivision improvements

agreement or which affect existing subdivision improvements agreements shall be considered re-

subdivisions. Amended plats shall be generally subject to administrative review and approval according to

the procedure established at Article III of this Chapter. Amended plat review ensures the technical

accuracy of the amended plat and to maintain the record of associated real estate activities.

(b) Amended plat approval shall be granted provided:

(1) The lot line adjustment does not result in the creation of additional lots.

(2) The lot line adjustment does not result in the creation of lots that do not comply

with zoning requirements.

(3) The lot line adjustment does not result in the creation of a lot or lots that cannot

be built upon under City requirements.

(4) The requirements of utility companies serving the property have been satisfied,

and easements are appropriately maintained or granted in the deed(s) effecting the adjustment or

dissolution.

(5) The lot line dissolution does not change the location of any remaining lot lines in

the subdivision

16-6-60. Duplex conversion subdivision.

A duplex conversion subdivision is generally subject to the administrative review process

established in Article III of this Chapter. The subdivision of a single lot on which an existing duplex

dwelling is located or is to be constructed, into two (2) separate lots will be approved if all of the

following conditions have been met:

(1) Common wall. The duplex is to be divided along a code-compliant fire-resistant

common wall into two (2) separate single-family dwelling units on separate lots.

(2) Separate utilities. Utilities are available and each of the dwelling units is served by its

own separate utility service lines and meters, inclusive of water, sewer, electricity and natural gas.

(3) Maintenance agreement. A common wall maintenance agreement shall be established

and recorded to run with the land comprising the proposed duplex lots.

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(4) Zone district compliance. Except for the original primary structure comprising the

dwelling units and any common and/or side-by-side or connected garages or driveways, all new

structures, or the expansion of any existing structures on the two (2) new duplex lots shall be subject to

the setback requirements for the underlying zone district in which the lots are located.

(5) Lot size. Each separate lot created shall meet the minimum lot size (square feet) for the

underlying zone district in which the lots are located. The proposed duplex lots shall be the same size, or

approximately the same.

16-6-70. Lot line adjustments.

The adjustment of a lot line between two (2) contiguous lots that is necessary to correct a survey

or engineering error in a recorded plat, to allow a boundary change between adjacent lots or parcels to

relieve hardship or practical necessity or to allow a transfer of land from a larger conforming lot to a

smaller nonconforming lot so as to make both lots conforming is generally subject to administrative

review and approval according to the procedure established at Article III of this Chapter. The lot lines

between contiguous lots which are under separate or single ownership may be adjusted if the following

conditions are met:

(1) The owners of affected properties whose lot lines are being adjusted shall provide written

consent to the application.

(2) The adjustment shall not create the opportunity to further subdivide either lot to create a

new lot for resale or development.

(3) All resulting lots shall meet the standards of this Chapter. If any of the lots or structures

thereon are nonconforming prior to the adjustment, no adjustment shall be allowed that increases the net

nonconformity of the lots or structures.

16-6-80. Insubstantial change to recorded plat.

An insubstantial change shall be limited to changes to address engineering or technical

constraints discovered during development which could not be anticipated during the original approval

process, or any other change to a plat which has no material effect on the character of the approved plat,

the representations made by the applicant or the conditions of approval. Street locations and street rights-

of-way shall not be changed. A change to a plat which is not insubstantial, including any resubdivision of

a lot other than a boundary line adjustment, shall be considered an amendment and shall follow the review

procedures applicable to minor subdivisions. Applications for an insubstantial change to a recorded plat

are generally subject to administrative review and approval according to the procedure established at

Article III of this Chapter. An insubstantial change to a recorded plat will be approved if following

approval of the insubstantial change, the recorded plat shall continue to conform to all applicable

standards of this Chapter.

16-6-90. Elimination of lot lines.

The elimination of lot lines to merge not more than two (2) conforming lots, or two (2) or more

nonconforming lots, to create no more than two (2) conforming lots within the applicable zone district

shall be generally subject to administrative review and approval according to the procedure established at

Article III of this Chapter. A lot line elimination meeting the requirements established herein shall be

approved if the following conditions are met:

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(1) Public and private utilities must be present and available to serve the newly created

conforming lots. Utilities (whether public or private) to existing structures that, with the elimination of

lot lines, will cross a newly created conforming lot shall be provided an easement where the existing

utilities are located or shall be relocated into an easement.

(2) The lots to be consolidated shall be under single ownership.

16-6-100. Condominiums.

(a) In addition to the subdivision submittal requirements described in Section 16-6-110, an

application for a condominium plat approval shall contain the following information:

(1) Required. parking spaces and joint trash collection areas;

(2) Floor plans, elevations, and site plan as required to show separate

ownership of all separate units, common elements, and limited common elements labeled

as such;

(3) Number, type, and floor area of units, common elements and limited

elements, delineated in square feet and fractions thereof; proposed use for each unit; land

area; floor area ratio; and

(4) Statement of the total number of units shown on the proposed plat;

(5) Documentation showing compliance with the standards and terms of the

Colorado Common Interest Ownership Act, C.R.S. § 38-33.3-201, et seq., as may be

amended.

(b) For condominium projects requiring limited impact or major impact review (see

standards for multi-family projects), the applicant shall submit detailed engineering plans and

specifications for all improvements, whether private or public.

(c) After buildings have been constructed and final "as-built" surveys have been completed,

the applicant shall submit an amended condominium plat showing graphically and dimensionally the

subdivision of buildings into volumetric spaces and the relationship of these spaces with the boundaries of

the site and other appurtenances on the site. These condominium plats shall comply with the requirements

of C.R.S. §38-33.3-209, as may be amended, and may be approved by the Administrator. No individual

condominium unit shall be sold into separate ownership until and unless a condominium plat has been

approved by the City based upon an "as-built" survey of the unit boundaries and such plat has been

recorded in the real estate records of Chaffee County. A plat note on the Final Subdivision Plat for each

condominium development shall be included to this effect.

16-6-110. Subdivision plat requirements.

(a) Application Contents. An application for a subdivision plat approval shall contain the

following information:

(1) Subdivision Plat. A subdivision plat shall be drawn which reflects the layout of

the lots, blocks and structures in the proposed subdivision. The preferred scale of the plat is one

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(1) inch equals one hundred (100) feet; the minimum allowable scale is one (1) inch equals two

hundred (200) feet. Sheet size shall be twenty-four (24) inches by thirty-six (36) inches. If it is

necessary to draw the plat on more than one (1) sheet, a sheet index shall be placed on the first

sheet. The subdivision plat shall contain the following:

(i) Name of subdivision.

(ii) Legal description.

(iii) Names and addresses of the owner, subdivider, land planner and land

surveyor registered in the State.

(iv) Scale of the plat.

(v) North arrow.

(vi) Date the plat was prepared.

(vii) Boundary lines and dimensions. The boundary lines of the proposed

subdivision (shown as a heavy solid line), the proposed zoning boundary lines,

approximate dimensions of all lots, blocks and all land intended to be held in common for

use by all property owners in the proposed subdivision.

(viii) Contours. Existing and proposed topographic contours, with intervals of

five (5) feet or less, referring to U.S.G.S. datum.

(ix) Improvements and easements. The location and dimensions of all

existing and proposed streets, alleys, easements, ditches and utilities within or adjacent to

the proposed subdivision.

(2) Vicinity Map. A vicinity map shall be submitted, if the application has not been

reviewed at the conceptual plan review phase, along with the plat. The vicinity map shall show

the location of the proposed subdivision, all adjacent lands owned or under option by the

applicant, commonly known landmarks and federal, state and local streets with names, and the

zone districts in which the proposed subdivision and adjacent properties are located.

(3) Boundary Survey. An accurate and complete boundary survey and survey of

interior street lines shall be made of the land to be subdivided. Every lot shall close

mathematically within one-hundredth (.01) of a foot. Field measurements shall be accurate

within a limit of one (1) foot to ten thousand (10,000) feet. The boundary of the subdivision shall

be clearly indicated on the final plat. All lines shown on the plat which do not constitute a part of

the subdivision shall be dashed. Any area enclosed by the subdivision, but not a part thereof,

shall be labeled "NOT A PART OF THIS SUBDIVISION." Adjacent subdivisions shall be

identified by official names.

(4) Survey Data. The final subdivision plat shall show all survey, mathematical

information and data necessary to locate all monuments and to locate and retrace all interior and

exterior boundary lines appearing thereon, including bearings or angles, continued with distances

and deflection angles for all circular corners. The location and description of all section corners

and permanent survey monuments in or near the tract, to at least one (1) of which the subdivision

shall be referenced.

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(5) Land to be Dedicated. All lots, blocks and parcels offered for dedication shall be

particularly delineated and designated with all dimensions, boundaries and courses clearly shown

and defined in every case. Parcels offered for dedication, other than for streets and easements,

shall be designated by letter or number, which shall be explained on the plat.

(6) Linear, Angular and Curve Data. Sufficient linear, angular and curve data shall

be shown to readily determine the bearing and length of the boundary lines of every block, lot and

parcel which is part thereof. All lots and, wherever practicable, blocks in their entirety, shall be

shown on one (1) sheet. Ditto marks shall not be used for lot dimensions. All lots and blocks

shall be numbered systematically. Building setback lines shall be shown by long thin dash lines.

The use of the lots and the zoning shall be designated on the plat.

(7) Streets. The plat shall show the right-of-way lines and names of each street and

the width of any portion being dedicated, and the widths of any existing dedications. The widths,

locations and names of adjacent streets and other public properties within fifty (50) feet of the

subdivision shall be shown. If any street in the subdivision is a continuation or approximately a

continuation of an existing street, the conformity or the amount of nonconformity of such street to

such existing streets shall be accurately shown. Whenever the centerline of a street has been

established or recorded, the data shall be shown on the final plat.

(8) Easements. The sidelines of all easements, including easements for utilities,

ditches and drainage, shall be shown by fine dashed lines. If any easement already of record

cannot be definitely located, a statement of the existence, the nature thereof and its recorded

reference shall appear on the title sheet. Distances and bearings on the sidelines of lots which are

cut by easement shall be designated, or so shown, that the plat will clearly indicate the actual

length of the lot lines. The widths of all easements and sufficient ties thereto to definitely locate

the same with respect to the subdivision shall be shown. All easements shall be clearly labeled

and identified. If an easement is being dedicated by the plat, it shall be set out in the owner's

certificate of dedication and dedicated to the City. If an easement shown on the plat is already of

record, its recorded reference shall be given.

(9) Certificates. The following certificates, as appropriate, are required to appear on

the final subdivision plat.

(1) Certificate of Dedication and Ownership.

Know all men by these presents, that the undersigned, being all of the Owner(s), Mortgagee(s) and Lien

Holder(s) of certain land in the City of Salida, Chaffee County, Colorado, described as follows:

Beginning ___________________, containing _______ acres, more or less, ____________________

have by these presents laid out, platted and subdivided the same into lots, blocks or tracts, as shown on

this plat, under the name and style of ________________________, and do hereby dedicate to the City of

Salida as public roads, the streets and roads as shown on said plat, these being

_________________________. The undersigned hereby further dedicate to the public all utility

easements on the property as described and as shown hereon. The undersigned hereby further dedicate to

the public utilities the right to install, maintain and operate mains, transmission lines, service lines and

appurtenances to provide such utility services within this subdivision or property contiguous thereto,

under, along and across public roads as shown on this plat and also under, along and across utility

easements as shown hereon.

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The lands comprising this subdivision are subject to certain covenants which are recorded in Book

_______ at Page ___ of the records of Chaffee County, Colorado.

Executed this ____ day of ____________, 20__.

Owner(s): Mortgagee(s)/Lienholder(s):

__________________________ ________________________________

County of Chaffee )

) ss.

State of Colorado )

The foregoing dedication was acknowledged before me this ____ day of ______________ 20__, by

________________________. Witness my hand and seal.

My commission expires _________.

________________________________

Notary Public

(2) Certificate of Street and Utility Maintenance.

Public notice is hereby given that neither the dedicated public roads nor the public utilities shown on this

plat will be maintained by the City of Salida until and unless the subdivider constructs the streets, roads

and utilities in accordance with the subdivision agreement, if any, and the subdivision regulations in

effect at the date of the recording of this plat, and approval of the City has been issued to that effect.

When the City approves a street or utility for maintenance, the street or utility shall become public in all

senses of the word and the subdivider has no further obligations in regards to that particular street or

utility.

(3) Surveyor's Certificate.

I, ______________________, a Registered Professional Land Surveyor in the State of Colorado, do

hereby certify that the survey represented by this plat was made under my supervision, the monuments

shown thereon actually exist and this plat accurately represents said survey.

________________________________

Registered Land Surveyor

(4) Title Certificate.

I, _______________________, an (attorney at law duly licensed to practice before the Courts of Record

or a licensed title insurance agent representing __________________) in the State of Colorado, certify

that I have examined title to the property described herein and that in my opinion title to the above

described real property is held by ___________________.

Signed this ____ day of ___________, 20__.

________________________________

Attorney at Law

(5) City Administrator Approval

This plat is approved by the Salida City Administrator this __ day of 20___.

_____________________________

City Administrator

(6) Planning Commission Approval.

This plat is approved by the City of Salida Planning Commission this ____ day of ___________, 20__.

________________________________

Chairman

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(7) City Council Approval.

This plat is approved for filing and the City hereby accepts the dedication of the streets and roads shown

hereon subject to the provisions in "Street Maintenance" set forth above, and further accepts the

dedication of the easements shown hereon.

Signed this ______ day of ___________, 20__.

City of Salida

By:___________________________

Mayor

(8) Recorder's Certificate.

This plat was filed for record in the office of the County Clerk and Recorder of Chaffee County at _____

__.m. on the _____ day of __________, 20__, Reception No. ________.

County Clerk and Recorder

By:___________________________

Deputy

16-6-120. Subdivision review standards.

In order to achieve the intent and purpose of this Chapter, the proposed subdivision shall comply

with the following standards:

(1) Comprehensive Plan. The proposed subdivision shall carry out the purpose and spirit of

the Comprehensive Plan and conform with all of the Plan's applicable objectives, guiding principles and

recommended actions. It shall be designed to be compatible with surrounding land uses and to protect

neighbors from undesirable noise, glare and shadows, and shall not cause adverse effects on their privacy,

solar access and views.

(2) Zone District Standards. The proposed subdivision shall comply with the use and

dimensional standards of the underlying zone district and shall provide off-street parking as required for

the uses.

(3) Improvements. The proposed subdivision shall be provided with improvements which

comply with Article IX and landscaping which complies with Section 16-7-40 of this Chapter.

(i) Streets. Existing and proposed streets shall be suitable and adequate to carry

anticipated traffic within and in the vicinity of the proposed subdivision.

(ii) Utilities. Existing and proposed utility services shall be suitable and adequate to

meet the needs of the proposed subdivision.

(iii) Phases. If the subdivision is to be developed in phases, each phase shall contain

the required parking spaces, landscape areas, utilities and streets that are necessary for creating

and sustaining a stable environment.

(4) Natural Features. The layout of lots and blocks shall provide desirable settings for

structures by making use of natural contours and maintaining existing views, affording privacy for

residents and protecting them from adverse noise and vehicular traffic. The system of roadways and the

lot layout shall be designed to take advantage of visual qualities of the area. Natural features and native

vegetation shall be preserved whenever possible. Tree masses and individual trees of six-inch caliper or

greater shall be preserved.

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(5) Floodplains. Tracts of land or portions thereof lying within the one-hundred-year

floodplain may only be subdivided for open space until the subdivider has shown that compliance with

the requirements of the City's floodplain regulations can be met.

(6) Noise Reduction. Where a subdivision borders on or contains a highway right-of-way,

the City shall require adequate provisions for reduction of noise. A parallel street, landscaping, screening,

easement, greater lot depth, increased rear yard setbacks and fencing are potentially appropriate solutions,

among others.

(7) Future Streets. When a tract is subdivided into lots or parcels which are intended for

future resubdivision, such lots or parcels shall be arranged so as to permit the logical location and opening

of future streets and appropriate resubdivision, with provision for adequate utility easements and

connectors for such resubdivision.

(8) Parks, Trails and Open Space. Each subdivision, minor or major, or condominium

project with five (5) units or more, shall dedicate and develop land or pay a fee-in-lieu for the purpose of

providing active parks, open space, passive recreation facilities and/or recreation trails or other public

purposes as determined by the City for the benefit of those who occupy the property and be made

accessible to the public. The intent of this regulation is to ensure that a comprehensive, integrated

network of parks, trails and open spaces is developed and preserved as the community grows.

(i) Dedication requirement. Land for parks, trails and open space shall be dedicated

in the ratio of two-hundredths (0.02) acre per residential unit of the proposed subdivision. When

a development plan has not been determined for the property, the number of units shall be

assumed as the maximum density permitted on the site. When a mix of residential and

nonresidential uses is proposed on the site, the dedication shall still be provided for the residential

units. All areas dedicated for parks, trails and open space must be shown on the plat. All

dedications of land as required under this Section shall be dedicated in fee simple to the City as a

condition of approval unless the City determines that the specific situation warrants consideration

of an easement or designation rather than dedication.

(ii) Fee-in-lieu. For those subdivisions where the dedication of land for parks, trails

or open space is not practicable, such as developments involving inappropriate location,

impractical geography, small land area or few lots, in its discretion, the City may require a cash

fee in lieu of dedication based upon Salida land values. When possible, the requirement for cash

in lieu of dedication shall be noted as a plat note on the final plat of the subdivision. Moneys

collected in lieu of dedication of land for parks, trails or open space shall be collected at the time

of approval of the final plat and placed into a City park development fund to be earmarked for

future acquisition or improvement of parks, trails or open space. In extraordinary circumstances,

the City Council may authorize the deferral of the payment of cash in lieu of dedication as

required by this Section. In such event, the owner of the property shall agree with the City, in

such form as shall be acceptable to the City Council, to pay such sums at the time of issuance of

any building permit upon the property. Notice shall be given of such deferred payment by the

recording of a first mortgage or other security instrument with the County Clerk and Recorder. In

no event, however, shall the deferral of any dedication fee required by this Section extend for a

period of greater than five (5) years from the date it would otherwise be payable. The developer

shall agree to pay the higher of the dedication fee calculated in accordance with this Section at the

time originally owed or at the time actually paid.

(iii) Residential subdivisions or the residential portion of mixed use subdivisions. For

the square footage of required land not provided on the site the value of the fee shall be based

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upon the most recent available formula used by the Chaffee County Assessor’s office for valuing

vacant land in Salida subdivisions. The amount of such fees and charges shall be established by

resolution of the City Council, as maybe amended from time to time, and available for review by

the public at City Hall during normal business hours.

(iv) Condominiums. For condominium projects with five (5) or more residential

units developed after the effective date of the ordinance codified herein, which have not already

provided open space through an approved subdivision, a fee established by resolution of the City

Council shall be paid for each residential unit, as maybe amended from time to time, and

available for review by the public at City Hall during normal business hours.

(v) Extraordinary contributions. If the Planning Commission finds that the land

proposed for dedication is an extraordinary contribution that meets a unique or highly desired

purpose of the community, the Planning Commission may recommend a reduction of the overall

dedication requirement as appropriate. Examples of extraordinary contributions may include

public access to a waterway or important trail connections.

(vi) Dedication at alternate site. In lieu of dedicating land within the subdivision, the

applicant may dedicate an alternate parcel of land to the City, consisting of the same number of

acres in another area, if the City determines it is capable of use for recreational purposes and will

serve the proposed development.

(vii) When a land dedication, designation or easement is accepted by the City, the City

Council shall have full discretion to require the applicant or assigns to provide construction

and/or maintenance of the park, trail or open space. Land for public use must be suitable for the

type of development and/or use for which it is intended. Excessively steep land, land for utility

easements or other types of unsuitable land may not be accepted as determined by the Planning

Commission. Lands including floodplains, waterways and wetlands may be accepted. Drainage

areas that also meet the purposes of this provision may be accepted.

(viii) Whenever a subdivision includes land or areas identified in the Parks, Trails,

Recreation and Open Space Plan, Comprehensive Plan or any other adopted community plan for

the installation of or connection to any part of a park, trail or open space, such land or areas shall

be dedicated to the City and such dedication shall be credited against any required land

dedication.

(ix) Lands for parks, trails or open space will not be counted towards the landscape

area required for each lot in the subdivision.

(9) Common Recreation Facilities. Where a development is proposed to contain common

recreation facilities, such facilities shall be located within the development so as to be easily accessible to

the residents and to least interfere with neighboring developments.

(10) Lots and Blocks.

(i) Pattern. The size, shape and orientation of lots shall be appropriate to the design

and location of the proposed subdivision and to the type of development contemplated. Where

appropriate, lots shall be laid out to respect the existing City pattern. Blocks generally shall not

be less than three hundred (300) feet nor more than one thousand two hundred (1,200) feet in

length.

(ii) Frontage. Residential lots should front only on local streets; however, when

necessary, lots designated to face a collector street shall provide adequate means for automobile

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turnaround within the lot and should provide consolidated access points to the maximum extent

feasible.

(iii) Right angles. Side lot lines shall be approximately at right angles or radial to

street lines.

(iv) Double frontage lots. Double frontage lots are prohibited, except where they are

necessary to provide for the separation of residential development from collector or arterial

streets or to overcome specific limitations of topography or orientation. A planting and screening

easement of at least ten (10) feet shall be provided along the portion of the lot which abuts such a

collector or arterial street. There shall be no right of access across a planting and screening

easement. The screening easement shall be maintained by the property owner.

(v) "T" intersections. The building area of lots shall not face directly into the

oncoming traffic of an intersecting street of a "T" intersection.

(vi) Solar energy. For purposes of protecting and enhancing the potential for utilizing

solar energy in the proposed subdivision, detached single-family lots are encouraged to be laid

out in such a manner that the houses will be oriented so that their long axis will run east/west and

so that the houses will not block the solar access of adjacent houses.

(11) Architecture. The following architectural standard is intended to prevent monotonous

streetscapes and offer consumers a wider choice of housing styles. To avoid uniformity and lack of

variety in design among housing units within the subdivision, no residential facade elevation shall be

repeated more than once every five (5) lots on the same side of the street (e.g., the first and fifth lots in a

row may contain the same façade elevation, but the second, third, and fourth lots must contain some

different facade elevations). No residential elevation shall be repeated directly across the street from the

same facade elevation. Mirror images of the same residential facade shall not count as two (2) distinctly

different facades. In unusual circumstances, the Planning Commission may grant a petition seeking

waiver of this requirement. Such an exception may be granted if the petitioner demonstrates that the

proposed plan uses repetition for an architectural purpose, such as allusion to historical repetition that

would not create a monotonous streetscape of the type this standard seeks to prevent.

16-6-130. Vacation of recorded plat, right-of-way or easement.

An applicant requesting to vacate a recorded subdivision plat, public right-of-way or dedicated

easement shall follow the stages of the major impact review process.

(1) Evaluation standards. The following items shall be considered in evaluating the vacation

of a recorded plat, right-of-way or easement outlined below:

(i) Access to public road. No roadway shall be vacated so as to leave any adjoining

land without a means of access to another public road.

(ii) Easements. In granting a vacation, the City may reserve easements for the

installation or maintenance of utilities, ditches and similar improvements.

(iii) Comprehensive Plan. A subdivision plat, public right-of-way or dedicated

easement may be vacated if the vacation would be consistent with or implements the applicable

intent statements, specific directions and recommended actions of the Comprehensive Plan.

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(iv) Transfers or sales of lots. A subdivision plat may be vacated if none of its lots

have been sold or transferred; or, if there have been sales or transfers, no development on any lots

in the subdivision and all of the owners agree to the vacation of the plat.

(2) Quit Claim Deed. Whenever the City approves an application vacating a public right-of-

way, the City shall provide abutting landowners with a quitclaim deed for the vacated lands. Each

abutting landowner shall be deeded that portion of the vacated right-of-way to which the owner's land is

nearest in proximity.

16-6-140. Fair Contributions for Public School Sites.

(a) General. Growth in residential land development and the construction of new residential

dwellings in the City and Chaffee County necessitates the acquisition of additional public school capital

facilities to accommodate increases in student population. Requiring land dedication or conveyance for

public school capital facilities or payments in lieu of such dedication or conveyance (“Fair Contribution

for Public School Sites”) is intended to provide a portion of the resources to meet such demand.

(b) Referral. All residential subdivision applications and planned developments creating

residential dwelling units shall be referred to the Salida School District R-32-J for review and comment

concerning impact of the development on the School District and the adequacy of public school sites and

facilities. If a nonresidential land development application may have influence or effect on property

owned by or activities of the Salida School District R-32-J, the information pertaining to that application

shall also be referred to the School District for review and comment.

(c) Dedication Requirement.

(1) If recommended by the Salida School District R-32-J, the applicant shall dedicate

or convey land for a public school facility to the School District based on .0138 acres per

residential dwelling unit. Otherwise, the applicant shall agree to a payment in lieu of land

dedication or conveyance in the amount of $354 per residential dwelling unit. The applicant may

elect for such amount to paid by the owner of a particular lot at the time a residential building

permit is obtained. Such requirement shall be noted on the underlying plat and, if required by the

City, a separate covenant.

(2) If the Fair Contribution for Public School Sites includes the dedication or

conveyance of land, prior to recording the final plat, the applicant shall provide proof that the

dedication has been made to the School District in a manner and on terms satisfactory to the

School District and in accordance with the following requirements:

(i) Title shall be conveyed by a general warranty deed, free and clear of all

liens, encumbrances, and exceptions (except those approved in writing by the School

District), including, without limitation, real property taxes, which will be prorated to the

date of conveyance or dedication. The land to be conveyed shall be conveyed pursuant to

a contract for the sale and purchase of real property containing customary terms for the

land which is being conveyed to the School District.

(ii) At the time of dedication or conveyance, the applicant shall provide a

title insurance commitment and policy in an amount equal to the fair market value of the

dedicated property. At the appropriate time, not later than the issuance of the first

building permit for the land development project, the person or entity shall also pay or

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provide for the payment of one-half of street development costs, and shall either provide,

or pay or make provision for the payment of the costs associated with making

improvements for water, sewer, and utilities stubbed to the site, and overlot grading of

the dedicated land. The applicant shall also have furnished any off-site easements which

the School District needs to develop the site.

(iii) The lands being dedicated or conveyed to the School District shall be

located and configured as directed by the School District.

(iv) The person or entity conveying the land to the School District shall

satisfy the City’s water rights dedication requirements, as may be amended, prior to

conveying the property to the School District.

(v) In addition to conveyed or dedicated lands, the School District shall be

given the right to purchase adjacent lands owned by the developer at its fair market value

so that the dedicated or conveyed and purchased lands together form a contiguous parcel

which meets the School District’s land area requirements.

(d) Exemptions. The following uses shall be excepted from Fair Contribution for Public

School Sites:

(1) Construction of any nonresidential building or structure;

(2) Alteration, replacement or expansion of any legally existing building or structure

with a comparable new building or structure which does not increase the number of residential

dwelling units;

(3) Construction of any building or structure for limited term stay or for long term

assisted living, including, but not limited to, bed and breakfast establishments, boarding or

rooming houses, family-care homes, group-care homes, halfway houses, nursing homes, or

hospices, except where such building or structure will be used primarily to house school aged

children;

(4) Construction of any residential building or structure classified as housing for

older persons, pursuant to the Federal Fair Housing Act in effect;

(5) The construction of accessory buildings or structures; and

(6) Construction of any low-income housing unit, on lots designated as such by the

City.

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ARTICLE VII

Planned Developments

16-7-10. Purpose and objectives.

(a) Planned developments are intended to facilitate the purposes and objectives of this Land

Use Code and the City's Comprehensive Plan and to permit the application of more innovative site

planning and design concepts than may be possible under the application of standard zone districts. The

purpose of a planned development (PD) is to encourage innovation and flexibility in the development of

land so as to promote variety in the type, design and layout of buildings; improve the integration,

character and quality of land uses; promote the more efficient use of land and infrastructure while

achieving compatibility of land uses; achieve economy in the delivery and maintenance of public

services, and promote the preservation of open space and natural and scenic areas.

(b) This Article is enacted pursuant to the authority contained in the Planned Unit

Development Act of 1972, Sections 24-67-101, et. seq., C.R.S., as amended.

16-7-20. Zoning classification.

A planned development constitutes a zoning classification and is established by overlaying the

designation upon land within an existing or newly created zone district. Approval of a PD shall be

illustrated and its land area defined on the City’s Official Zone District Map. When an area that is already

zoned is approved for a PD overlay, the underlying zone district’s regulations shall remain intact; and in

the event the PD is not completed or is terminated, the underlying zone district regulations shall apply to

and govern land uses and development in the subject area.

16-7-30. Procedure.

Approval of a PD shall be subject to the submission of a full and complete application, the

payment of all review and approval fees, and major impact review as described in Article III of this

Chapter. Review and submission requirements for a PD incorporating the subdivision and resubdivision

of land shall be construed and applied together with the subdivision processing requirements at Article VI

of this Chapter. Whenever the PD, subdivision, and/or development permit application procedures or

requirements overlap, the overlapping procedures or requirements shall not be applied cumulatively, and

the procedure or requirement pertinent to the PD application shall supersede the development permit

and/or subdivision procedure or requirement.

16-7-40. PD development plan evaluation criteria; general requirements.

(a) No land shall be designated PD in the absence of a PD Development Plan, which plan

shall set forth the written and graphic materials as described in this Article. All PD Development Plans

must conform to and be consistent with the City’s Comprehensive Plan and other adopted plans. PD

Development Plans shall be reviewed to ensure that the general public health, safety and welfare are

safeguarded and for substantial conformance to the evaluation criteria described in subsection (b). The

PD Development Plan may allow for the mixture of uses and greater diversity of building types, promote

environmental protection, limit sprawl, improve design quality and offer a higher-quality living

environment, encourage innovative design and a variety of housing types, preserve historic buildings and

sites, promote bicycles and walking as an alternative to the automobile, and manage the increase in

demand for public amenities as is feasible for the site and proposed use.

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(b) The PD Development Plan shall meet the following criteria, depicted on a site plan

furnished by the applicant, unless the applicant can demonstrate that one (1) or more of them is not

applicable or that another practical solution has been otherwise achieved:

(1) Minimum Dimensional Standards. The PD is a negotiated zone district. While there may

be no fixed lot size or lot widths, the Planning Commission and City Council require minimum

dimensional standards, including setbacks and space between buildings as necessary to provide

adequate access and fire protection, to ensure proper ventilation, light and air between buildings

and to ensure that the PD is compatible with other developments in the area.

(2) Trails. Reasonable effort must be made to connect to nearby recreation trails, parks and

public open space such that green corridors define and connect urbanized areas. Any trails

identified for the area in the City's Comprehensive Plan or Parks Master Plan must be included in

the PD.

(3) Ownership and Maintenance. No PD shall be approved unless the City Council is

satisfied that the landowner has provided for or established an adequate organization for the

ownership and maintenance of common open space and private roads, drives, parking or other

common assets to ensure maintenance of such areas.

(4) Water and Sewer. The developer shall provide municipal water and sewer facilities

within the PD as required by the City.

(5) Residential Density. Density shall be limited as required by the Planning Commission

and City Council upon consideration of the overall development plan, individual characteristics of

the subject land and surrounding uses. In a multi-lot PD, the averaging of lot areas shall be

permitted to provide flexibility in design and to relate lot size to topography, but each lot shall

contain an acceptable building site. The clustering of development with usable common open areas

shall be permitted to encourage provision for and access to common open areas, encourage

pedestrian access and to save street and utility construction and maintenance costs. Such clustering

is also intended to accommodate contemporary building types which are not spaced individually on

their own lots but share common side walls, combined service facilities or similar architectural

innovations, whether or not providing for separate ownership of land and buildings. In high-

density development, housing will be designed to provide adequate privacy between dwelling

units.

(6) Relationship to the Subdivision Regulations. The provisions of these regulations

concerning Planned Developments are not intended to eliminate or replace the requirements

applicable to the subdivision of land or air space, as defined in state statutes and the ordinances and

regulations of the City.

(7) Improvement Standards. The PD may deviate from the Design Standards described in

Article VIII of this Chapter, including specifications for the width and surfacing of streets, public

ways, public utility rights-of-way, curbs and other standards, only if the reasons for such deviations

are well documented and are necessary for realizing the purposes described in the objectives of

development. Deviations may be incorporated only with the approval of the Planning Commission

and City Council as a part of its review of the Overall Development Plan for a PD and shall

conform to acceptable engineering, architectural and planning principles and practices. If a

deviation from the improvement standards is not specifically addressed and approved under the

Overall Development Plan, the improvement shall comply with all improvement standards of this

Chapter.

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(8) The maximum height of buildings may be increased above the maximum permitted for

like buildings in other zone districts. In no case shall a building exceed the maximum height

requirement if the deviation shall result in:

a. Adverse visual impacts on adjacent sites or other areas in the vicinity, including

extreme contrast, interruption of vistas or scale that is disproportionate to surrounding

development or natural features.

b. Potential problems for adjacent sites caused by shadows, loss of air circulation or

loss of view.

c. Inability to provide adequate fire protection using equipment currently in use by

the Fire Department.

(9) Gross Building Floor Area. The gross building floor area of uses other than residential

may be limited as required by the City Council upon consideration of the Overall Development

Plan, individual characteristics of the subject land and surrounding uses.

(10) Permitted Uses. A PD may include any permitted principal or accessory uses by right

and conditional review uses allowed in any other zone, except that any use that has been declared a

nuisance by statute, ordinance or any court of competent jurisdiction shall not be permitted. Uses

within the PD will be permitted upon consideration of the Overall Development Plan, individual

characteristics of the subject land and surrounding uses. The PD shall be designed, insofar as

practicable when considering the overall size of the PD, to provide commercial, recreational and

educational amenities to its residents to alleviate the necessity of increased traffic and traffic

congestion.

(11) Transportation design. The PD shall provide interconnected transportation networks

designed to disperse and reduce the length of automobile trips, connect to adjacent roadways and

enhance the greater transportation pattern of the City and surrounding area. The street design and

circulation system must be adequate to support the anticipated traffic. The proposed land uses may

not generate traffic volumes which exceed the capacity of existing transportation systems, or it

shall be shown that adequate measures have been developed to effectively mitigate such impacts.

The internal street circulation system shall be designed for the type of traffic generated, safety and

separation from living areas, convenience and access. Private internal streets may be permitted,

provided that adequate access for police and fire protection is maintained, access for maintaining

public infrastructure within the right-of-way is explicit and provisions for using and maintaining

such streets are imposed upon the private users and approved by the Planning Commission and

City Council. Bicycle lanes, paths and sidewalks shall be provided for all residential uses, retail

establishments and public buildings and amenities. Nonmotorized transportation ways shall be

adequate in terms of safety, separation, convenience and access to points of destination and

attractiveness.

(12) Development Standards. The PD may deviate from the Development Standards

described in this Chapter only if the reasons for such deviations are well-documented and are

necessary for realizing the purposes described in the objectives of development. Any variation

from the development standards of this Chapter must be specifically addressed and approved in the

Overall Development Plan. If an area of development (parking, landscaping, illumination, fences,

signs, etc.) is not specifically addressed and approved under the Overall Development Plan, the

area of development shall meet or exceed the standards of this Chapter applying to that area of

development.

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(13) The PD provides for design that is energy-efficient and reduces the amount of energy

consumption and demand of typical development.

(14) Where residential uses are proposed, the PD shall provide for a variety in housing types

and densities, other facilities and common open space.

(15) The fiscal impacts of the PD have been satisfactorily addressed and the City or special

district will be able to provide adequate levels of service for police and fire protection, street

maintenance, snow removal and other public services, or it shall be shown that adequate measures

have been developed to effectively mitigate such impacts.

(16) Higher levels of amenities than would be achieved by using established zone districts,

including open spaces, parks, recreational areas, trails and school sites, will be provided to serve

the projected population.

(17) There are special physical conditions or objectives of development that the proposal will

satisfy to warrant a departure from the standard regulation requirements.

(18) The adjacent and nearby developments will not be detrimentally affected by the

proposed PD and approval period.

(c) Evaluation Standards for Major Planned Developments. In addition to the above evaluation

standards, the following standards or requirements shall govern the application of a major planned

development and shall be utilized by the Planning Commission and the City Council in evaluating any

major PD plan:

(1) Staging of Development. Each stage within a PD shall be so planned and so related to

the existing surroundings and available facilities and services that failure to proceed to the

subsequent stages will not have an adverse impact on the PD or its surroundings at any stage of the

development.

(2) Parks, Trails and Open Space. Each major planned development shall dedicate and

develop land or pay a fee-in-lieu for the purpose of providing active parks, open space, passive

recreation facilities and/or recreation trails or other public purposes as determined by the City for

the benefit of those who occupy the property and be made accessible to the public. The intent of

this regulation is to ensure that a comprehensive, integrated network of parks, trails and open

spaces are developed and preserved as the community grows.

a. Dedication requirement. Land for parks, trails and open space shall be dedicated in

the ratio of 0.02 acre per residential unit of the proposed development. When a development

plan has not been determined for the property, the number of units shall be assumed as the

maximum density permitted on the site. When a mix of residential and nonresidential uses is

proposed on the site, the dedication shall still be provided for the residential units. All areas

dedicated for parks, trails and open space must be shown on the plat. All dedications of land

as required under this Section shall be dedicated in fee simple to the City as a condition of

approval unless the City determines that the specific situation warrants consideration of an

easement or designation rather than dedication.

b. Fee-in-lieu. For those planned developments where the dedication of land for

parks, trails or open space is not practicable, such as developments involving inappropriate

location, impractical geography, small land area or few lots, in its discretion, the City may

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require a cash fee in lieu of dedication based upon Salida land values. The City Council shall

set an in-lieu fee schedule from time to time by resolution. When possible, the requirement

for cash in lieu of dedication shall be noted as a plat note on the final plat of the subdivision.

Moneys collected in lieu of dedication of land for parks, trails or open space shall be collected

at time of approval of the final development plan and placed into a City park development

fund to be earmarked for future acquisition or improvement of parks, trails or open space.

1. Residential planned developments or the residential portion of mixed use

planned developments. For the square footage of required land not provided on the site

the value of the fee shall be established by resolution of the City Council, as may be

amended from time to time.

c. If the Planning Commission finds that the land proposed for dedication is an

extraordinary contribution that meets a unique or highly desired purpose of the community,

the Planning Commission may recommend a reduction of the overall dedication requirement

as appropriate. Examples of extraordinary contributions may include public access to a

waterway or important trail connections.

d. Dedication at alternate site. In lieu of dedicating land within the planned

development, the applicant may dedicate an alternate parcel of land to the City, consisting of

the same number of acres in another area if the City determines it is capable of use for

recreational purposes and will serve the proposed development.

e. When a land dedication, designation or easement is accepted by the City, the City

Council shall have full discretion to require the applicant or assigns to provide construction

and/or maintenance of the park, trail or open space. Land for public use must be suitable for

the type of development and/or use for which it is intended. Excessively steep land, land for

utility easements or other types of unsuitable land may not be accepted as determined by the

Planning Commission. Lands including floodplains, waterways and wetlands may be

accepted. Drainage areas that also meet the purposes of this provision may be accepted.

f. Whenever a planned development includes land or areas identified in the Parks,

Trails, Recreation and Open Space Plan, Comprehensive Plan or any other adopted

community plan for the installation of, or connection to any part of a park, trail or open space,

such land or areas shall be dedicated to the City and such dedication shall be credited against

any required land dedication.

g. Lands for parks, trails or open space will not be counted towards the landscape area

required for each lot in the planned development.

(3) Civic Engagement. Civic buildings and public gathering places should be provided to

reinforce community identity and support civic engagement.

(d) Evaluation Standards for Minor Planned Developments. In addition to the above evaluation

standards in Subsection (a) of this Section that apply to all PD applications, the following standards or

requirements shall govern the application of a minor planned development and shall be utilized by the

Planning Commission and the City Council in evaluating any minor PD plan:

(1) Staging of Development. There shall be no staging of development in a minor PD.

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(2) Types of Uses. A minimum of twenty-five percent (25%) of the floor area of the project

is recommended for nonresidential, commercial uses.

(3) Public Places. Public gathering places should be provided to reinforce community

identity and support civic engagement.

(4) Economic Opportunity. The PD provides a unique economic opportunity or provides a

service, industry or housing type that will benefit the City and would not be possible under the

existing zone districts or dimensional standards of the City.

(5) Open Space. A minor PD is not expected to provide a dedication of open space on the

site; however, it is required that any PD contribute to meeting the goals for open space through a

negotiated fee in lieu of open space or other contribution. (Ord. 2006-08 §16; Ord. 2006-20 §5;

Ord. 2007-23 §2)

16-7-50. Design standards.

(a) Design standards within the PD may deviate from the design standards described in

Article VIII of this Chapter and the City of Salida Construction Standards and Specifications, including

specifications for the width and surfacing of streets, public ways, public utility rights-of-way, curbs and

other standards, only if the reasons for such deviations are well documented and are necessary for

realizing the purposes described in the objectives of development. Deviations may be incorporated only

with the approval of the Planning Commission and City Council as a part of its review of a PD

Development Plan and shall conform to acceptable engineering, architectural and planning principles and

practices. If a deviation from the Article VIII design standards is not specifically addressed and approved

as part of the PD Development Plan, the improvement shall comply with all design standards of this

Chapter and the City of Salida Construction Standards and Specifications.

16-7-60. Maximum height and floor area.

(a) The maximum height of buildings may be increased above the maximum permitted for

like buildings in other zone districts. In no case shall a building exceed the maximum height requirement

if the deviation shall result in:

(1) Adverse visual impacts on adjacent sites or other areas in the vicinity, including

extreme contrast, interruption of vistas or scale that is disproportionate to surrounding

development or natural features .

(2) Potential problems for adjacent sites caused by shadows, loss of air circulation or

loss of view.

(3) Inability to provide adequate fire protection using equipment currently in use by

the Fire Department.

(b) The gross building floor area of uses other than residential may be limited as required by

the City Council upon consideration of the PD Development Plan, individual characteristics of the subject

land and surrounding uses.

16-7-70. Permitted uses.

Page 302: Salida Municipal Code

A PD may include any permitted uses allowed in any other zone, except that any use that has

been declared a nuisance by statute, ordinance or any court of competent jurisdiction shall not be

permitted. Uses within the PD will be permitted upon consideration of the PD Development Plan,

individual characteristics of the subject land and surrounding uses. The PD shall be designed, insofar as

practicable when considering the overall size of the PD, to provide commercial, recreational and

educational amenities to its residents to alleviate the necessity of increased traffic and traffic congestion.

16-7-80. Transportation design.

The PD shall provide interconnected transportation networks designed to disperse and reduce the

length of automobile trips, connect to adjacent roadways, follow the recommendations of the Salida

Regional Transportation Plan and enhance the greater transportation pattern of the City and surrounding

area. The street design and circulation system must be adequate to support the anticipated traffic. The

proposed land uses may not generate traffic volumes which exceed the capacity of existing transportation

systems, or it shall be shown that adequate measures have been developed to effectively mitigate such

impacts. The internal street circulation system shall be designed for the type of traffic generated, safety

and separation from living areas, convenience and access. Private internal streets may be permitted,

provided that adequate access for police and fire protection is maintained, access for maintaining public

infrastructure within the right-of-way is explicit and adequate provisions for using and maintaining such

streets are imposed upon the private users. Bicycle lanes, paths and sidewalks shall be provided for all

residential uses, retail establishments and public buildings and amenities. Nonmotorized transportation

ways shall be adequate in terms of safety, separation, convenience and access to points of destination and

attractiveness.

16-7-90. Submittal requirements.

The PD process requires the preparation of a PD Development Plan, which application shall

include the following components.

(1) PD Development Plan. The plan document shall have an outer dimension of twenty-four

(24) inches by thirty-six (36) inches, and shall also be duplicated in eleven-by-seventeen-inch

reproducible size; along with an electronic file containing the following information:

(i) Parcel size stated as gross acres and square footage.

(ii) Existing topographical character of the land with elevation contours at ten-foot

intervals or less, showing all water bodies and courses, wetlands, floodplains, unique natural

features and existing vegetation and critical wildlife habitat as identified by existing habitat

conservation plans and/or the Colorado Division of Wildlife.

(iii) Approximate acreage and gross density of each area proposed for residential and

nonresidential uses; number and type of residential units and estimated floor area and types of

nonresidential uses.

(iv) Total land area and proposed location and amount of land for parks, trails and/or

open spaces. If land is not to be provided on site, the applicant must provide detailed information

on how the parks, trails and open space requirement is to be met.

(v) Approximate alignment of proposed and existing streets and pedestrian, trail and

bicycle routes, including major points of access.

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(vi) Approximate location and number of acres of any public use such as parks, trails,

school sites and other public or semi-public uses.

(vii) Height, yard, lot, setback, lot coverage, landscape area and other dimensional

standards.

(viii) Location of existing and proposed primary utility lines.

(ix) An "existing conditions" map of the area surrounding the site to a distance of at

least one-quarter (¼) mile showing the following:

a. Zoning districts.

b. Traffic circulation systems.

c. Major public facilities.

d. Location of existing municipal boundaries, service and school district

boundaries.

(2) Written Narrative. The applicant shall provide the following written information:

(i) A legal description of the total site, including any recorded easements proposed

for development and a statement of present and proposed ownership. This statement shall include

the address of the applicant, all the property owners, developers, parties of interest and any lien

holders.

(ii) Evidence of the present ownership or agents thereof of all lands included within

the planned development in the form of a current commitment for title insurance or title insurance

policy.

(iii) A statement of planning objectives.

(iv) A statement of proposed ownership, improvements and maintenance of parks,

trails and open space.

(v) A proposed development phasing schedule.

(vi) Any general physiographic and environmental studies of the proposed site.

(vii) A statement of the proposed method for controlling architectural design

throughout the development.

(viii) A generalized drainage plan for the entire project indicating proposed on-site

facilities and treatment and abatement of drainage to adjoining properties.

(ix) Water and sewer demand for projected uses.

(x) Letters from the City, appropriate utility districts and boards stating their ability

to serve the development with water, sewer, electricity, natural gas, telephone and fire protection

service.

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(xi) A generalized trip generation study for the entire development and its subparts.

Also, a statement of the general intent of the applicant as regards the designation of public versus

private roads.

(xii) A statement explaining how the development shall be served and what measures

have been taken to reduce the fiscal impacts of the development on the City.

(3) Information Required for Adequate Review. Any information or reports required by this

Section may be postponed or waived by the Administrator on the basis that the information is not

necessary for a review of the application. There may be additional information or reports required to

evaluate the character and impact of the PD Development Plan

(4) Copies. The Administrator will determine the number of copies required for each item.

16-7-100. Phasing.

Based upon both development and planning considerations, it may be desirable to develop a PD

in several phases. Accordingly, the applicant may elect to apply for development in any number of

phases. Regardless of the proposed number of phases, the initial application shall be for a PD

Development Plan that includes the entire site.

16-7-110. Development schedule.

(a) Unless otherwise provided in the PD Development Plan, the applicant must begin

development of the PD within three (3) years from the time of its final approval by the City Council;

provided, however, that the PD may be developed in stages or phases. The applicant must complete the

development of each stage or phase of the PD as a whole substantially in conformity with the

development schedule approved as part of the PD Development Plan.

(b) If the applicant does not comply with the time limits imposed by subsection (a) above,

the City Council shall review the PD and extend the time for completion of the PD, may revoke approval

for the uncompleted portion of the PD, or require that the PD be amended.

(c) Each stage a phase within a PD shall be so planned and so related to existing

surroundings and available facilities and services that failure to proceed to a subsequent stage will not

have a substantial adverse impact on the PD or its surroundings.

(d) Each PD Development Plan must contain a detailed development schedule of public and

private improvements. The Administrator shall monitor this schedule, and failure of the developer to

substantially adhere to it shall be cause for a special review by the Planning Commission. The Planning

Commission may extend for not more than two (2) periods of twelve (12) months each, the time for

beginning the project. The Planning Commission special review shall be commenced if one (1) or more

of the following situations arise:

(1) Failure to begin subdivision platting and/or draw building permits for

construction as detailed in the approved development schedule within eighteen (18) months of the

scheduled starting date or extensions thereto.

Page 305: Salida Municipal Code

(2) Inactivity or documented lack of progress as determined by either the

Administrator or the Planning Commission on any stage of the project for more than two (2)

years from the last completed benchmark in the approved development schedule.

(3) Request for extensions to the starting dates by the developer.

16-7-120. Public Hearings.

All public hearings required under this Article may be simultaneously noticed and conducted with

any other public hearing as required or authorized under the City’s subdivision and/or development

permit regulations.

16-7-130. Form of PD approval.

All decisions of the City approving a PD shall be in the form of a written ordinance and contain,

at a minimum, the information set forth below. No building permit may issue and no development

activity may commence within the PD area until the PD approval and the plat have been duly executed

and recorded along with any necessary PD agreement.

(1) The density allocated to the property by type and number of units;

(2) The approved uses, including by right, conditional, and other, on each development

parcel or use areas within the PD site;

(3) Approved densities in total numbers of units for each development parcel identified;

(4) Approved density transfers from one (1) parcel to another, if any;

(5) The phasing and general timetable of development that shall permit the logical and

efficient provision of municipal services;

(6) Specific conditions applied to the development of any parcels that, by their nature, are

subject to special development constraints; and

(7) Variations in any dimensional limitations expressed as either an allowable maximum or a

specific maximum.

16-7-140. PD Agreement.

Appropriate terms and conditions for development of a PD in accordance with this Chapter shall

be established in a Development Agreement and/or Subdivision Improvements Agreement, as

appropriate, described in Section 16-2-70 of this Code.

16-7-150. Modifications.

(a) All provisions of the PD Development Plan authorized to be enforced by the City may be

modified, removed or released by the City subject to the following:

(1) No modification, removal or release of the provisions of the PD Development

Plan by the City shall affect the rights of the residents, occupants and owners of the PD to

maintain and enforce those provisions in law or in equity; and

Page 306: Salida Municipal Code

(2) No substantial modification removal or release of the provisions of a PD

Development Plan by the City shall be permitted except upon a finding by the City Council,

following a public hearing upon notice as required by this Chapter, that the modification, removal

or release is:

(i) Consistent with the efficient development and preservation of the entire

PD;

(ii) Does not affect in a substantially adverse manner either the enjoyment of

land abutting upon or across the street from the PD or the public interest; and

(iii) Is not granted solely to can for a special benefit upon any person.

(b) Residents and owners of land in the PD, may to the extent and in the manner expressly

authorized by the provisions of the PD Development Plan, modify, remove or release their rights to

enforce the provisions of the plan; but no such action shall affect the right of the City to enforce the

provisions of the plan.

(c) An insubstantial modification to an approved PD Development Plan may be authorized

by the Administrator. However, insubstantial modifications may only be approved if they promote the

terms, purposes and conditions of the original PD Development Plan and approval. The applicant shall

make a written request to the Administrator justifying the proposed modification and clearly showing on

the PD Development Plan and accompanying written narrative that portion which is proposed for

modification. A record of such approved insubstantial modification shall be filed and recorded in the

same manner as the original. The following shall NOT be considered an insubstantial modification:

(1) A change in land use or development concept.

(2) An increase in residential density levels or building coverage of nonresidential uses.

(3) An increase in the permitted height.

(4) A realignment of major circulation patterns or a change in functional classification of the

street network.

(5) A reduction in approved open space or common amenities.

(6) Other significant changes which involve policy questions or issues of overriding

importance to the community.

(d) During the review of any proposed substantial modification to the PD, the City Council

may require such new conditions of approval as are necessary to ensure that the development will be

compatible with the current community standards and regulations. This shall include, but not be limited

to, applying the portions of the PD which have not obtained building permits, or are subject to the

proposed amendment, any new community policies or regulations which have been implemented since

the PD was originally approved. An applicant may withdraw a proposed modification at any time during

the review process. A request for a substantial modification shall be accompanied by the same type and

quality of information as was necessary for the original PD Development Plan approval and shall include

a map of the entire PD Development Plan area which clearly defines that portion which is proposed for

Page 307: Salida Municipal Code

modification and a written justification of the proposed modification, including a discussion of any

changes in impact which would result from the modification.

16-7-160. Enforcement.

(a) Development of the area within a PD shall be limited to the uses, densities, configuration

and terms, elements and conditions contained within the approved PD Development Plan and PD

Agreement, and may be enforced by the City at law or equity. The configuration and mix of the units

may be modified as provided for in this Chapter or the PD Agreement, but no portion of the density

allocation may be transferred to land not included in the PD Development Plan.

(b) In addition to any and all other remedies as available to the City under law, the City

Administrator may serve a written notice on the PD developer, or any landowner within the PD, to appear

before the City Council when reasonable grounds exist to believe that the PD Development Plan and PD

Agreement, or any part thereof, is not being adhered to. The City Council shall conduct a public hearing

to determine the existence of any alleged failure or violation of the PD approval, and may enter orders

directing the correction of same.

(c) All provisions of the PD Development Plan as finally approved run in favor of the

residents, occupants and owners of the PD, but only to the extent expressly provided in the PD

Development Plan and in accordance with the terms of the PD Development Plan; and to that extent, the

provisions, whether recorded by plat, covenant, easement or otherwise, may be enforced at law or in

equity by such residents, occupants or owners acting individually, jointly or through an organization

designated in the plan to act on their behalf.

Page 308: Salida Municipal Code

ARTICLE VIII

Design Standards

16-8-10. Purpose and applicability.

The purpose of this Article is to establish site development standards applicable to all

development within the City requiring a development permit. All development shall comply with

the standards of this Article and with the City of Salida Construction Standards and

Specifications. Except as provided in Article VII the requirements and provisions of this Article

shall apply to every development permit. Appropriate provisions shall also apply to subdivisions

without development plans.

16-8-20. Road, driveway and sidewalk standards.

(a) Access to Roads. All lots and developments shall have direct access to a public

street.

(b) Standards. All public roadways shall be paved, engineered and constructed to

comply with the City of Salida Construction Standards and Specifications.

(c) City Maintenance. Upon acceptance by the City, all public roadways shall be

maintained by the City.

(d) Emergency Vehicle Access. The City may require greater widths of roads when

needed for movement of emergency and utility vehicles. Such streets shall be clearly identified,

and shall be constructed and maintained to allow free movement of emergency and service

vehicles at all times.

(e) Driveway Standards.

(1) Access to Single-Family. Only one (1) access will be allowed to single-

family residences.

(i) Exception: A single-family corner lot having frontage to

local streets on two sides and alley access, may have

driveway access from a detached accessory structure from

the street closest to the alley provided there is a maximum

10’ rear setback from the rear lot line.

(2) Driveway access must be located from the alley where alley access is

available.

(3) Width of Driveways. Driveway width is measured within City right-of-

way from the right-of-way line to the edge of pavement, with an allowable three-foot

angled or radial taper. The width of any driveway connecting an off-street parking area

with a public street or highway shall fall within the ranges as shown below, as measured

within the City right-of-way:

Page 309: Salida Municipal Code

Single-Family homes 9 feet minimum, 12 feet maximum

Duplexes or Multi-Family Units 9 feet minimum, 12 feet maximum (one way), 24 feet maximum (two-way)

Commercial and Business 12 feet (one way), 24 feet (two-way)

(4) Driveway Spacing. No two (2) driveways connecting to a public street,

alley or highway shall be within thirty (30) feet of one another measured from edge of

driveway to edge of driveway within the City right-of-way.

(5) Angle of Intersection. All driveways shall intersect the access street at

ninety (90) degrees.

(6) Grade. Driveways may be up to eight percent (8%) in grade.

(7) Exemption and Conformity. Driveways which are to be repaved

(existing paved driveways) can be done to the previous width. Existing gravel driveways

which are to be paved shall conform to these requirements.

(8) Temporary Dead-End. Where a street will eventually be extended

beyond the development, but is temporarily dead-ended, an interim turnaround should be

provided.

(9) Street Names. All street naming shall be subject to approval by the City.

(i) Duplicate names. No street name shall be used which will

duplicate or be confused with the name of any existing street or development in

the City or the County.

(ii) Street extensions. Streets that are extensions of, or obviously in

alignment with, existing streets shall bear the same names as the existing streets.

(iii) Street name signs. Street name signs which comply with City

specifications shall be furnished and installed at the developer's cost.

(10) Street Improvements, Widths and Grades. Streets shall have such curbs,

gutters, sidewalks, culverts and lights as required by the City. These improvements shall

be constructed by the developer to comply with the City of Salida Construction Standards

and Specifications. Maximum and minimum street widths and grades shall comply with

the design standards specified in the City of Salida Construction Standards and

Specifications.

(11) Access to Adjacent Lands. When a development abuts and controls

access to public lands or existing streets, access shall be provided in the manner

requested by the City. When a development abuts private lands, the City may require the

developer to provide access thereto when said access is in conformance with the City's

streets plan or is the only reasonable and logical access to the private property.

(12) Street Lights. In new subdivisions and for development along arterial

streets street lights shall be provided at a minimum of one (1) light every three hundred

(300) feet of street length.

Page 310: Salida Municipal Code

(13) Sidewalks.

(i) Local streets. A detached sidewalk of at least five (5) feet wide,

with a thickness of at least four (4) inches of concrete, shall be installed along

both sides of all local streets in a development. Sidewalks along local streets

shall be separated by a distance of at least five and one-half (5½) feet from the

curb or street pavement edge. Street sidewalk systems shall connect to open

space walks, trails and adjacent walks in appropriate places.

(ii) Collector and arterial streets. Sidewalks shall be a minimum of

six (6) feet wide along collector streets shall be separated from the curb or street

pavement by a distance of at least five and one-half (5½) feet and arterial streets

shall be separated by a distance of at least seven and one-half (7½) feet from the

curb or street pavement edge.

(iii) Parkway. Where such separated sidewalks are required, the

parkway shall be landscaped and maintained by the abutting property owners.

Landscaping shall normally be limited to sodding or seeding, except that trees,

shrubs or other plant materials may be used, subject to City approval of the

location and species of planting materials to be installed in accordance with the

Tree Board's A Guide To Salida Trees. Within the Hwy 50 Corridor Overlay,

parkways shall be finished with stamped concrete in accordance with the color

and pattern detailed in the Highway Corridor Improvement Plan or as approved

by the Administrator.

(f) Design variance. A design variance from the Road and Sidewalk

Standards may be granted by the Administrator or requested during the development

permit process in accordance with Article III or in accordance with Article VII,

considering the development's proposed traffic generation, its functional street

classification and provisions for pedestrian safety and emergency vehicle access, and the

design of its off-street parking and public improvements, including but not limited to

water supply, sewage treatment, electricity, irrigation water, solid waste disposal and

storm drainage.

16-8-30. Survey monuments.

(a) Street Intersection. Two (2) concrete survey monuments, at least thirty-six (36)

inches in length and four (4) inches square, with a suitable center point, shall be set into the

ground at each street intersection on the street right-of-way line.

(b) Boundary Lines. Iron pin survey monuments five-eighths (⅝) inch in diameter

and twenty-four (24) inches long shall be placed in the ground at all points on a property

boundary line where there is a change in direction, and at all lot corners, before a permit is issued

for development.

16-8-40. Street tree standards.

Design and Standards. Trees will be located within the parkway. At a minimum, there

shall be an average of at least one (1) tree planted for every fifty (50) feet on each side of the

street. Species selection and placement are subject to approval by the Administrator.

Page 311: Salida Municipal Code

16-8-50. Undergrounding of utilities.

(a) Service Lines Underground. The developer shall install service lines for local

utilities underground to the maximum extent feasible, including those for telephone, electricity,

natural gas and cable television. If such lines are placed in a street or alley, they shall be in place

prior to surfacing.

(b) Extend Full Length of Property. Utility lines, water and sewer lines and storm

drainage facilities shall extend the full length of the property.

(c) Easements. Utility easements shall be dedicated at the time of development

approval as a condition of obtaining service. Utility easements shall be at least twenty (20) feet

wide in public right-of way. Widths of utility easements on private property shall be determined

by the utility provider.

16-8-60. Stormwater management standards.

(a) Applicability. Stormwater management standards shall apply to nonresidential

and mixed-use developments, multi-family units of five (5) or more and major subdivisions.

(b) Drainage Study. A drainage study for a site which is to be developed shall be

prepared and the site's drainage system shall be designed by a registered professional engineer,

according to generally accepted storm drainage practices. The plan shall be reviewed and

approved by the City Engineer.

(c) Runoff Control Structures. The developer shall provide storm sewers, culverts,

bridges and other flood and runoff control structures, as determined necessary by the drainage

study, which comply with the City of Salida Construction Standards and Specifications.

(d) Historic Runoff. The drainage system shall be designed and constructed so that

only historic runoff, not including historic irrigation, shall be released from the site. Drainage

flows in excess of this amount shall be retained, detained or handled in a storm sewer system.

The design storm is for the twenty-five year, twenty-four-hour rainfall. All costs associated with

handling runoff generated by a development shall be paid by the developer.

(e) Floodplain. Land located within an adopted one-hundred-year floodplain shall

not be used for occupancy, unless the hazards from flooding are mitigated in conformance with

the City's floodplain regulations.

16-8-70. Grading and erosion control.

(a) Applicability. Grading and erosion control standards shall apply to

nonresidential and mixed-use developments, multi-family units of five (5) or more and major

subdivisions.

(b) Grading Plan. The applicant shall submit a grading plan which illustrates the

extent of the land disturbance which is to occur on the property. The grading plan shall illustrate

existing site features and shall depict existing and proposed contours, using a contour interval of

two (2) feet.

Page 312: Salida Municipal Code

(c) Plan Preparation. Preparation of an effective grading plan and execution of

proper grading involve certain basic steps pertaining to street layout, block grading and lot

grading. The objective is to establish the street grades, floor elevations and lot grades in proper

relation to each other and to existing topography, considering property protection, appeal and use.

The basic steps are as follows:

(1) Fit to Topography. If the street layout is still subject to design or

adjustment, fit it to the topography to obtain the most favorable types of block and lot

grading which are compatible with other objectives.

(2) Block and Lot Grading. Determine type of block grading for each block

or portion of a block and, if possible, indicate the general lot grading for each lot by

drainage arrows.

(3) Easements. Determine any easements and other provisions needed for

adequate block drainage and erosion control.

(4) General Limitations. Determine general lot grading limitations for local

conditions, such as minimum gradients for grass swales and slopes and maximum for

walks and drives.

(5) Specific Limitations. For each type of house and lot, determine the

specific lot grading limitations along a typical lot grading control line from the street to

the house and determine the minimum street-to-floor rise.

(6) Street Profiles. If the street profiles are to be designed or adjusted,

establish them so as to facilitate the provision of good drainage for both the lots and the

streets, giving due consideration to existing topography and lot limitations.

(7) Elevations. For each property, determine proposed elevations for key

points on the lot and for the building floor, giving due consideration to street elevations,

existing topography and lot grading limitations.

16-8-80. Off-street parking standards.

This Section establishes parking standards for land uses in the City. The standards are

intended to lessen congestion on the streets and to ensure an adequate supply of parking spaces

within a reasonable distance of uses. The standards of this Section shall apply to all development

in the City requiring a development permit or change of the use of land or structures.

(a) Off-Street Parking Required. All uses shall be required to meet the standards set

forth in Table 16-F, Off-Street Parking Standards by Use, except for uses in the Central Business

District (C-2), which do not expand the footprint of the existing structure. New structures or

additions shall meet the requirements of this section.

(1) Multiple Uses. If two (2) or more principal uses occupy a single parcel

or structure, the standard for off-street parking shall be the additive total for each

principal use of the parcel or structure.

(2) Shared Parking. When it can be shown that the peak use period for

required parking for one (1) land use will not overlap with the peak use period for

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required parking for another land use located on the same or adjoining site, the

Administrator may reduce the required number of off-street parking spaces by up to

twenty-five percent (25%) of the total required. Written approval by the property owner

for use of property is required. The shared parking area may not be across a street unless

the adjoining property is separated by a local or collector street. A change in land use

will require evaluation by the Administrator and additional spaces may be required.

(3) Alternative Standards. Alternative off-street parking standards to those

shown in Table 16-H below may be considered if the applicant demonstrates that such

standards better reflect local conditions. The applicant must demonstrate provision for a

sufficient number of spaces for the highest expected volume of users. Such

determination may be based upon the following standards:

(i) Capacity. The designed capacity of such facilities.

(ii) Plan. An overall plan for concentrations of parking with

appropriate consideration of designed landscaping and relation to surroundings.

(b) Required Fractional Spaces. When any calculation of off-street parking results in

a required fractional space, such fraction shall be rounded up if five-tenths (0.5) or greater.

(c) Location of Required Spaces. Required off-street parking spaces shall be

located:

(1) On Same Lot. On the same lot as the structure the spaces are intended to

serve; or

(2) Within Common Parking Area. Within a parking area commonly owned

by individuals who also own living or commercial units adjacent to the area which the

parking spaces are intended to serve.

(d) Prohibited Uses of Required Spaces. Off-street parking spaces shall be available

for the parking of operable automobiles of the residents, customers and employees of the use for

which they are required. Prohibited uses of required spaces shall be as follows:

(1) Storage. The storage of inoperable vehicles or materials.

(2) Delivery Vehicles. The parking of delivery vehicles for the business.

(3) Vehicles for Sale. The display of vehicles for sale in commercial or

industrial parking areas, except for the casual display of vehicles by owners who are

employees or customers using the premises.

(4) Repair Work. Repair work that renders a vehicle inoperable for periods

of more than twenty-four (24) hours in a parking area required for a commercial use.

(5) Snow Storage. Parking lot snow storage shall not be provided by using

required spaces.

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TABLE 16-J

Off-Street Parking Standards by Use

Use Parking Standard

Residential Uses- 1 space per unit unless specified below

Single-family, Duplex, ADU 1 space per unit

Multi-family dwelling unit 1 space per first unit, plus 1.5 spaces per additional unit

Rooming or boarding house 1 space per bed

Mobile Home and Recreational

Vehicle Parks

1 space per unit plus an additional .25 spaces per unit

Residential Business Uses

Bed and breakfast inn ½ space per guest room, plus 1 space for owner/manager's unit

Day care, small and large 1 off-street parking space per nonresident employee, plus those spaces

required for the dwelling unit. Large day care centers shall provide 1

designated off-street loading/unloading space per 4 children/adult

Home Business or Home

occupation

1 additional space

Public and Institutional Uses- 1 space per 500 s.f unless specified below

Church, parish home and

religious education building

1 space per every 6 seats in the main sanctuary, plus 1 space for the parish

home

Clubs, recreation buildings and

areas operated by and for their

members

1 space per every 4 persons allowed within the maximum rated occupancy

established by local fire, building or health codes

Community buildings;

government administrative

facilities, services and buildings

1 space per 400 s.f.

Group home 1 space per employee, plus 1 visitor space per 4 beds

Nursing home 1 space per employee, plus 1 visitor space per 3 beds

Schools 1 space per employee, plus 1 per 4 enrolled students

Hospital 1 space per 2 beds and 1 space per employee

Recreation facilities 1 space per 1,000 s.f

Commercial Uses, Personal Service, and Office Uses- 1 space per 300 sf unless specified below

Commercial lodging 1 space per guest room (in a suite, each bedroom shall constitute a separate

guest room), plus 1 space per 150 s.f. of group assembly area (such as

conference/meeting rooms), plus 1 space per 500 s.f. of accessory commercial

space, plus 1 space for the manager/front desk person

Eating and drinking establishment 1 space per 200 s.f.; if a drive-in facility is offered, a minimum of 3 queuing

spaces shall also be provided at each station

Outdoor amusement

establishment

1 space per 500 s.f of outdoor area use for amusement proposes

Medical marijuana centers 1 space per 250 s.f

Professional office - general 1 space per 400 s.f.

Campground 1 space per camp site, plus 2 spaces for office

Retail sales establishment 1 space per 250 s.f.

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General Services- 1 space per 500 s.f unless specified below

Automobile service and repair 2 spaces per service bay (service bay is not a parking space), plus 1 space per

employee

Gasoline service stations 1 space per 300 s.f., spaces for gas pumps do not count towards this

requirement

Mobile home and recreational

vehicle sales and service

1 space per employee plus 1 space per 500 s.f.

Industrial Uses- 1 space per 750 s.f unless specified below

Light industrial - general 1 space per 500 s.f.

Warehouse 1 space per 1,000 s.f. or 1 space per employee, whichever is greater, plus 1

space for each company vehicle stored on the premises

General industrial 1 space per employee of the business plus 1 space per company vehicle, or as

established by the Planning Commission if a conditional use review is

required

Notes:

Where the use is identified as "general," it means all those uses in the commercial/industrial use schedule for that

category which are not specifically listed in this parking table.

Existing structures in the CBD are not required to meet off-street parking requirements. New structures and

additions shall meet off-street parking requirements.

Floor area shall be measured as gross floor area within a building, exclusive of mechanical rooms, closets or

storage areas and kitchen spaces, unless specifically stated otherwise.

Where parking requirement is on a per-employee basis, employment shall reflect the maximum number on any

single shift.

For uses not listed, parking requirements shall be determined by the Administrator based upon the parking

requirements of a land use in this Table that is most similar to the use not identified in this Table, or using other

professional sources.

(e) Design standards for parking areas.

(1) Parking Surface. Off-street parking areas, aisles and access drives shall

be paved and striped, except for parking areas and access drives for single-family and

duplex dwelling units or when the parking requirement is for five (5) or less spaces,

which may be gravel and need not be paved. Unpaved parking shall provide some form

of curb stop to identify each parking space. Paved parking areas shall be paved with

concrete, paving blocks, asphalt, pavers, or other durable all-weather surface. The

surface shall be graded and drained to permit drainage of surface water without damage

to public or private land or improvements.

(2) Dimensions. The minimum dimensions for parking spaces, rows and

aisles are:

(i) 30 degree to 90 degree – The minimum size for their type of

parking shall accommodate an 18.5’ by 9’ rectangle within the stall.

(ii) Parallel spaces – Shall be 22’ as measured along the street and 8’

wide.

(iii) Isle widths shall be a minimum of 10’ wide for each direction of

traffic.

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(3) Existing nonconforming off-street parking shall be allowed to continue

and be credited towards required off-street parking when the spaces are located within the

subject property and the existing spaces meet the minimum standards of City of Salida

Construction Standards and Specifications. Modification of the existing parking shall

require compliance with the current Parking Design Standards.

(4) Backing on to Roads Prohibited. All parking areas shall be designed so

that vehicles exiting from a parking space shall not back on to the right-of-way of public

streets, but may back on to the right-of-way of alleys adjacent to the property. Vehicles

exiting from a parking space for a single-family or duplex dwelling unit may back onto a

residential street.

(5) Tandem Parking. Tandem parking (one [1] vehicle parking directly

behind another) shall not be permitted and shall not be credited toward meeting any off-

street parking requirement for this Article, except for single-family or duplex residential

uses; provided that the tandem spaces are assigned to the same dwelling unit.

(6) Unobstructed Access. Each required parking space shall have

unobstructed access from a road or alley, or from an aisle or drive connecting with a road

or alley, except for approved residential tandem parking.

(7) Compact Car Spaces. In parking areas containing more than ten (10)

spaces, up to twenty percent (20%) of the spaces over and above the first ten (10) may be

designed for compact cars; provided that any such spaces are designated for exclusive use

by compact cars with painted identification. The standard colors shall be white on green.

(8) Parking for Handicapped. Any use requiring handicapped access, as

defined in the adopted building code, shall provide spaces for use only by physically

handicapped persons as outlined in the adopted building code.

(i) Size. Shall be a minimum 8’ wide by 18.5’ long, with a 5’

accessibility lane or 8’ accessibility lane for vans. Handicap stalls placed on an

angle shall accommodate an 8’ wide by 18.5’ long rectangle within the stall and

accessibility lane as measured perpendicular to the stall.

(ii) Signage. All spaces designated as being for the handicapped

shall have painted identification. The standard colors shall be white on blue.

(9) Parking Area Landscaping and Illumination. Landscaping and

illumination for parking areas shall comply with the standards of 16-8-90 below.

(10) Drainage. Development Standards for drainage retention are outlined in

Section 16-9-60 of this Chapter.

16-8-90. Landscaping standards.

The purpose of this Section is to provide standards for landscaping of all development

within the City so as to maintain the character of residential neighborhoods, commercial centers

and industrial areas. This is accomplished by requiring minimum planting, buffering and

screening around and within residential and nonresidential development and their associated

parking areas, and by requiring long-term maintenance of landscaped areas.

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(a) Applicability. The standards of this Section shall apply to all development

within the City, except as follows:

(1) Central Business District (C-2). Development in the Central Business

District (C-2) zone district shall be exempt from the landscaping standards of this Article if

the primary structure on the lot has a zero-foot setback from the property line. If a property

does not utilize the zero-foot setback allowance, the minimum landscape area shall be ten

percent (10%) and shall be located in both the front and side yard, where applicable.

(2) Single-Family or Duplex Dwelling. The construction, reconstruction,

modification, conversion, structural alteration, relocation or enlargement of a single-family

or duplex dwelling shall only be required to meet the landscape standards of Table 16-F

and provide the minimum number of trees as required in Table 16-J .

(3) Alteration or Repair. An alteration or repair which does not change the

existing use of the property or does not expand the use of the property shall be exempt

from the landscaping standards of this Article.

(b) Landscape plan. A landscape plan shall be submitted for review as part of an

application for any development within the City, except that development specifically exempted

in Section 16-8-90(a) (1), (2), and (3) above. The landscape plan shall contain the following

materials:

(1) Drawing. A drawing identifying all existing deciduous trees and

coniferous trees of four (4) inches in caliper or greater and illustrating the location, size

and type of all proposed landscaping. The drawing shall identify all existing vegetation

which is to be preserved and demonstrate how irrigation is to be provided. The drawing

shall be to scale and shall contain a legend.

(2) Calculations. A written summary of all calculations used to determine

the landscaping required for the site.

(3) Cost Estimate. An estimate of the cost of supplying and installing the

materials depicted in the landscape plan.

(4) Erosion Control. A description of how erosion will be controlled on-site,

during construction and following completion of development.

(5) Maintenance Program. A description of the proposed program to

maintain the landscaping after it has been installed.

(c) Landscaping standards applicable to all development:

(1) Plants Compatible With Local Conditions. All plants depicted on the

landscape plan shall be of a variety which is compatible with local climate and the soils,

drainage and water conditions of the site.

(2) Save Existing Vegetation. The landscape plan shall be designed to save

all existing healthy trees and shrubs whenever possible. Existing trees and shrubs which

are preserved shall count toward the landscaping standards of this Article.

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(3) Living Cover. A minimum of sixty percent (60%) of the required

landscape area shall be live ground cover. Expected mature shrub coverage will count

towards this requirement; a tree's canopy shall not.

(4) Obstructions Prohibited.

(i) Fire hydrants and utilities. Landscaping shall be located so as

not to obstruct fire hydrants or utility boxes and so it will not grow into any

overhead utility lines.

(ii) Curb cuts and intersections. No plant material greater than two

(2) feet in height shall be located within the clear sight triangle as defined by this

Chapter, or so as to otherwise cause visibility obstructions or blind corners at

intersections.

(5) Minimum Size. Trees and shrubs depicted on the landscape plan shall be

of the following minimum size at the time of their planting:

(i) Deciduous trees. Deciduous trees shall be a minimum of one

and one-half (1½) inches in caliper, measured six (6) inches above the ground.

(ii) Coniferous trees. Coniferous trees shall be a minimum of six (6)

feet in height.

(iii) Shrubs. Shrubs shall be a minimum two-gallon container.

(6) Minimum Number. The following minimum number of trees shall be

provided per required landscaped area in various zone districts:

Table 16-J

Zone District

Number of Trees Per

Required Landscape Area

Single-Family Residential (R-1) 1 per 800 s.f.

Medium Density Residential (R-2) 1 per 800 s.f.

High Density Residential (R-3) 1 per 800 s.f.

Manufactured Housing Residential (R-4) 1 per 800 s.f.

Residential Mixed Use (RMU) 1 per 500 s.f.

Commercial (C-1) 1 per 300 s.f.

Commercial (C-2) 1 per 600 s.f.

Industrial (I) 1 per 1,000 s.f.

(7) Parking and Storage Prohibited. The required landscape area shall not be

used for parking or open storage.

(8) Trash Receptacles. Screening shall be provided for all trash receptacles

of two (2) cubic yards in volume or greater, and shall consist of landscaping or a

structural visual barrier, such as a fence, to block the view of the trash receptacle and to

keep trash contained. One (1) side of the screening shall be designed for easy access for

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trash removal. Any landscaping so provided shall count toward the landscaping

standards of this Article.

(d) Landscaping Standards Applicable to Parking Areas.

(1) Buffer Strip. A landscaped buffer strip composed of trees, shrubs,

berms, hedges and/or planters shall be provided between the parking area and any

adjoining public street right-of-way. This strip shall be of sufficient width to contain

plant materials and be credited toward the landscaping required for the zone district.

(2) Outdoor Sales Lots. Sales lots for mobile home, recreational vehicle,

heavy equipment and automobiles shall be landscaped along all lot lines. This

landscaping shall be credited toward the landscaping required for the zone district.

(3) Interior Landscaping. Any parking area containing more than thirty (30)

parking spaces or four thousand five hundred (4,500) square feet of area shall provide six

(6) plants, which may be trees or shrubs, for each fifteen (15) parking spaces. A

minimum of one (1) of the six (6) plants shall be a tree, which shall be located around the

perimeter of the lot and in landscaped islands within the lot. These planted areas shall

count toward the minimum landscape area standard of the underlying zone district.

(i) Curbs for area definition. The landscaped islands shall have

curbs which may be used to define parking lot entrances, the ends of parking

aisles and the location and pattern of primary internal access ways or any

combination thereof.

(ii) Dispersed. The landscaped islands shall be dispersed throughout

the parking area and in the parking area in such a way as to provide visual relief,

particularly of parking aisles, by using flowering ornamental plantings, and to

provide physical relief by using seasonal shade trees.

(iii) Area. The area contained within the landscape islands shall be a

minimum of seven (7) square feet for each required parking space.

(e) Installation and maintenance requirements.

(1) Security. Prior to the issuance of a development permit, the

Administrator may require the applicant to submit to the City a surety or cash bond, letter

of credit or other collateral found to be suitable by the City Attorney to guarantee the

installation of the required landscaping. The security shall be in an amount equal to one

hundred twenty-five percent (125%) of the cost of supplying and installing the materials

depicted in the approved landscape plan, based on estimates provided by the applicant

and approved by the City.

(2) Certification and Release. Following installation of the required

landscaping, the applicant shall certify that the landscaping has been installed in

conformance with the approved plan. One hundred percent (100%) of the performance

guarantee shall be released within seven (7) calendar days following receipt of the

certification and inspection by the City. The remaining twenty-five percent (25%) of the

performance guarantee shall be released after two (2) growing seasons after required

landscaping is installed and successfully maintained.

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(3) City Use of Security. In the event the landscaping is not installed, or is

installed in a manner which does not conform with the approved plan, the City may draw

upon the security to bring the landscaping into conformance with the approved plan or, if

development was initiated but never carried through to completion, to return the site to its

predevelopment condition.

(4) Required Time for Completion – Date of Occupancy. Landscaping

required for all uses shall be installed within six (6) months of its initial date of

occupancy, excluding the months of October through April.

(5) Irrigation for Live Cover. That portion of the landscaped area which is

live cover shall be provided with an adequate means of irrigation for the type of plants

installed.

(6) Maintenance. All vegetation shall be healthy at the time of its

installation and shall remain alive, or shall be replaced.

(i) Landowner responsible. Maintenance of landscaped areas shall

be the responsibility of the landowner.

(ii) Replacement. Landscaping which does not survive shall be

replaced within three (3) months, or during the next planting season. The

replacement vegetation shall be similar in size and type to the vegetation which

did not survive, so the integrity of the approved landscape plan is preserved.

16-8-100. Illumination standards.

This Section establishes standards for controlling light and glare. Outdoor illumination

levels should provide for safety, security and energy efficiency. Illumination standards should

prevent excessive lighting which would create a glare, detract from the use or enjoyment of

adjoining property or cause traffic hazards to motorists. Neighbors, motorists and the night sky

should be protected from nuisance glare and stray light from poorly aimed, placed, applied,

maintained or shielded light sources. The following standards shall apply to all exterior lighting

on private property within the City:

(1) Required Lighting. With the exception of subdivision lighting, lighting is not

required. Unless otherwise approved through a planned development, this regulation shall apply

to all lighting for subdivisions, land uses, developments, buildings and new or replaced fixtures.

In addition, any site modification that requires a reuse application will necessitate compliance for

all existing and proposed lighting on the site.

(2) Fully Shielded. Lighting fixtures must be constructed in such a manner that all

light emitted by the fixture, either directly from the lamp or diffusing element, or indirectly by

reflection or refraction from any part of the luminaire, is projected below the horizontal.

(3) After Hours. Except for residential lights, subdivision lighting and security

lighting, all lighting shall be turned off between 11:00 p.m. and 6:00 a.m. Exceptions shall be

granted to those businesses which operate during these hours; such lighting may remain

illuminated only while the establishment is actually open for business.

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(4) Maximum foot-candles. All outdoor lighting shall be designed and located such

that the maximum illumination measured in foot-candles at the property line shall not exceed 0.3

onto adjacent residential properties and 1.0 onto commercial properties and public rights-of-way.

(5) Facade Lighting. Floodlights, spotlights or any other similar lighting shall not be

used to illuminate buildings or other site features with the exception of directional fixtures used to

illuminate flagpoles (State, United States).

(6) Light Poles. Light poles shall be set back from adjacent property zoned for or

used for residential purposes a distance equal to the height of the pole. The maximum height of

any light pole (excluding road lights and traffic safety lights) shall be twenty-five (25) feet;

however, poles of a lower height which are more compatible in scale with pedestrians are

encouraged.

(7) Canopy Lighting. Lighting fixtures mounted under canopies used for vehicular

shelter shall be aimed downward and installed such that the bottom of the light fixture or its lens,

whichever is lower, is recessed or mounted flush with the bottom surface of the canopy. All light

emitted by an under-canopy fixture shall be substantially confined to the ground surface directly

beneath the perimeter of the canopy.

(8) Parking Lot Lighting. Parking lot lighting shall not exceed light levels necessary

for safety and locating vehicles at night. The lighting plan shall be designed so that the parking

lot is lit from the outside perimeter inward, and/or incorporate design features with the intent of

reducing off-site light pollution. The average illumination on the surface of the lot shall not

exceed three (3) foot-candles. Applications that include freestanding parking lot fixtures shall

submit for approval a preliminary lighting plan which includes the following:

(i) Site plan with location of all light fixtures and a numerical grid of

lighting levels (in foot-candles) that the fixtures will produce on the ground (photometric

report).

(ii) Calculation of average foot-candles in the subject area.

(iii) Area of illumination.

(iv) Lamp type and wattage.

(v) Mounting height of all fixtures.

(9) Exemptions.

(i) Holiday Lighting. Seasonal lighting for holidays, which may use bare,

low-watt bulbs (equivalent of a 10-watt incandescent bulb or less).

(ii) Sports and Athletic Field Lighting. Lighting for sports and athletic fields

may need to exceed illumination standards for general recreational needs in order to meet

higher standards required for play. The Administrator may approve relaxations of these

lighting standards, provided that the following minimum standards are met:

a. Fixture height shall be that necessary to provide adequate light

while minimizing the number of poles in excess of fifty (50) feet in height.

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b. If floodlights are used, they shall not be aimed above sixty-two

(62) degrees and should use internal louvers and external shields to help

minimize light pollution.

c. Fixtures shall be designed and aimed so that their beams fall

within the primary playing area and the immediate surroundings, so that off-site

direct illumination is significantly restricted (spillover levels at the property line

shall not exceed 0.3 foot-candles).

d. Lighting shall be extinguished no later than one (1) hour after the

event ends.

(iii) Historic City Lamps. Historic lamps located in the Central Business (C-

2) zone district.

(10) Nonconforming light fixtures

(i) Authority to Continue. Any outdoor light fixture in existence on the

effective date of this Land Use Code which does not conform with any provisions

of this Land Use Code shall be allowed to remain and to be maintained in good

repair.

(ii) Discontinuance. In the event an outdoor light fixture is destroyed or

damaged by fifty percent (50%) or more, or if the nonconforming light fixture is

taken out of service for any period of time as a result of either an intentional act of

the owner (other than for maintenance which shall not exceed two [2] weeks), an

unintentional act of another or an act of nature, the replacement fixture shall be

constructed in conformance with the provisions of this Land Use Code.

16-8-110. Fences.

(a) General Applicability. A fence, wall or any similar type of screen, including

hedges, may be erected on any lot including within a setback, subject to the following

standards.

(b) Standards.

(1) Fence Height. Fences or walls shall be no more than four (4)

feet high between the face of a building or structure and the front property line.

Fences shall not exceed six (6) feet along the side and rear yard. Fences shall not

exceed the aforementioned heights when measured from the existing natural grade

at the base to the highest point of fence or wall. No fence or wall may be

artificially elevated by means of a berm or other method for purposes of height

calculation. A written request may be made to the Administrator for a fence of

greater height for a demonstrated unique security purpose. If granted, the fence

shall require a building permit and be subject to the adopted building code.

(2) Location. Fences may be allowed on the property line. Fences

along alleys, when on the property line, shall contain an offset section or some

provision for trash containers to be located on the property so as to be convenient

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for trash collection. It is the responsibility of the property owner to locate all

property lines. No fence may extend beyond or across a property line.

(3) Obstruction of Visibility. When fences are on a corner lot, the

height and material used along the streets shall be such that it will not impair

visibility of intersecting traffic and/or pedestrians. Any fence located within the

clear sight triangle shall have opacity of not more than fifty percent (50%) and

shall not be higher than four (4) feet.

16-8-120. Large scale commercial design guidelines.

(a) Purpose. The purpose of these standards and guidelines is to augment existing

criteria with more specific interpretations that apply to the design of large retail stores and

commercial centers. The architectural design of large retail and commercial buildings

must consider and accommodate the overall desire of the City to create and enhance

community image. The City's identity and livability will be strengthened through

thoughtful design and development. The identification and application of architectural

design requirements will assist the City in achieving a strong community image. It is

further the intent to provide for the reuse of large retail stores. The following standards

and guidelines are intended to be used as design aid by developers proposing large

commercial developments.

(b) Applicability. These standards and guidelines apply to all projects for retail or

commercial establishments of twenty thousand (20,000) square feet or greater as a use by

right or any retail or commercial center in which the overall square footage of the entire

development equals or exceeds twenty thousand (20,000) square feet. This standard does

not apply to industrial structures in industrial zones.

(c) Facades and Exterior Walls. Facades should be articulated to reduce the massive

scale and the uniform, impersonal appearances of large retail buildings and provide visual

interest that will be consistent with the community's identity, character and scale. The

intent is to encourage a more human scale that the City's residents will be able to identify

with their community.

(1) Articulation. Facades greater than one hundred (100) feet in

length, measured horizontally, shall incorporate wall projections or recesses

having a depth of at least three percent (3%) of the length of the facade and

extending at least twenty percent (20%) of the length of the facade. No

uninterrupted length of any facade shall exceed one hundred (100) horizontal

feet.

(2) "360 Degree" Architecture. All sides of all buildings are to be

treated with the same architectural style, use of materials and details as the front

elevation of the building. Rear and side articulation, unless on a corner lot, may

be reduced by fifty percent (50%). Six-foot tall fences constructed of natural

materials such as wood, stone or river rock may be installed to screen the rear

elevation in lieu of articulation on that elevation. Said fence must screen the

entire rear yard and shall be constructed finished side out, which shall be defined

as not having its supporting members significantly visible, and erected such that

the finished elevation of the fence is exposed to the adjacent property.

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(3) Cohesive Design. A single building or development or multiple

buildings within a development must maintain a consistent style/architectural theme.

Architectural design, building materials, colors, forms, roof style and detailing must all

work together to express a harmonious and consistent design, yet shall avoid uniformity

of design. This includes all "pads" within a retail development, as well as gasoline pump

canopies or other accessory structures.

(4) Facade Treatments.

(i) Pattern. Building facades must include a repeating pattern that

shall include no less than three (3) of the elements listed below. At least one (1)

of these elements shall repeat horizontally. All elements shall repeat at intervals

of no more than thirty (30) feet, either horizontally or vertically.

a. Color change.

b. Texture change.

c. Material module change.

d. Expression of architectural or structural bay through a

change in plane no less than twelve (12) inches in width, such as an

offset, reveal or projecting rib.

e. Brick.

f. Wood.

g. Sandstone.

h. Other native stone.

i. Tinted, textured, concrete masonry units.

(ii) Colors. Facade colors shall be low reflectance, subtle, neutral or

earth-tone colors. The use of high intensity colors, metallic colors, black or

fluorescent colors is prohibited. Building trim and accent areas may feature

brighter colors, including primary colors, but neon tubing shall not be an

acceptable feature for building trim or accent areas.

(d) Outdoor Display. Big box retail developments may offer for direct sale to the

public merchandise which is displayed outdoors, but the area occupied by such outdoor sales and

storage, exclusive of warehouses, shall not exceed twenty-five percent (25%) of the total square

footage of the retail buildings. Sales of recreational vehicles, autos, agricultural implements (i.e.,

tractors, cultivator, balers, etc.) and plant nurseries are excluded from limitations of outdoor

display and storage. Outdoor displays may not occupy required parking spaces.

(e) Adaptability for Reuse/Compartmentalization. The building design shall include

specific elements for adaptation for multi-tenant reuse. Such elements may include but are not

limited to compartmentalized construction, including plumbing, electrical service, heating,

ventilation and air conditioning. The building design shall also allow for:

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(1) The interior subdivision of the structure into separate tenancies.

(2) Facades that readily adapt to multiple entrances.

(3) Landscaping schemes that complement the multiple entrance design.

(4) Other elements of design which facilitate the multi-tenant reuse of the

building and site.

(f) Pedestrian Design. Walkways shall be designed to provide safe and functional

pedestrian connections from the parking lot and adjacent properties, and must be integrated into

the site design. All interior pedestrian walkways shall be distinguished from driving surfaces

through the use of durable, low-maintenance surface materials such as pavers, bricks or scored

concrete.

Sec. 16-8-130. Eaves, architectural projections, at-grade structures and covered porches.

(a) Building eaves and architectural projections. Building eaves and

architectural projections may project eighteen (18) inches into a setback, provided that

they are in compliance with the City's Building Code.

(1) Architectural projection. A nonfunctional or ornamental building

feature.

(b) At-grade structures. Uncovered porches, slabs, patios, decks, walks and

steps which do not exceed thirty (30) inches above or below grade may project into a

setback. Projections may exceed thirty (30) inches below grade if required by the

Building Official for window or other building egress.

(c) Covered porches. Covered porches which are unenclosed may encroach

into the front yard setback by twenty-five percent (25%).

Page 326: Salida Municipal Code

ARTICLE IX

Annexation

16-9-10. General.

From time to time, a property owner and the City may mutually agree that it is in both parties’

mutual interest to annex land into the City's jurisdiction. The following Sections establish the procedure

for annexation.

16-9-20. Procedure.

An applicant requesting annexation shall follow the stages of the land development process

outlined below in addition to the procedure set forth at Section 31-12-101, et seq., C.R.S.

(1) Preapplication conference. Attendance at a preapplication conference is optional, but

recommended, for a private applicant intending to submit a petition for annexation to the City.

(2) Application submittal. The applicant shall submit a complete application to the City

Clerk which contains those materials listed in Section 16-9-30 of this Chapter.

(3) Staff review. The Administrator shall review the application to determine whether it is

complete, as specified in Subsection 16-9-40 of this Chapter. The Administrator shall forward a report to

the City Council, which report summarizes the application's compliance with the applicable review

standards contained in Section 16-9-40 (4) below, the Colorado Municipal Annexation Act of 1965 and

other applicable provisions of this Chapter. The technical comments and professional recommendations

of other agencies and organizations may be solicited in drafting the report.

(4) Setting hearing date. Upon receipt of the staff report from the Administrator, the City

Council shall by resolution establish a date for a public hearing. The City Council shall also direct the

Planning Commission to review the annexation map and all required supportive information and submit a

written recommendation to the City Council.

(5) Public Notice. Upon the establishment of a public hearing date, the City Clerk shall give

appropriate notice in accordance with the Colorado Municipal Annexation Act of 1965. In addition,

notice shall be provided as specified in Section 16-2-30 of this Chapter.

(6) Action by Council. Upon the submission of documentation in accordance with this

Article and upon compliance with the notice and hearing requirements as set forth in the Colorado

Municipal Annexation Act of 1965, the City Council may consider the approval of an ordinance annexing

the subject property to the City.

(7) Actions Following Approval. Upon approval of the annexation ordinance and the filing

and, if applicable, recordation of any documents required by the approval, the Administrator shall place

the annexation on the Official Zoning Map. The annexation shall be noted on the Official Zoning Map,

together with the ordinance number and date, and initials of the draftsman making the change.

16-9-30. Annexation Fees.

(a) Each petition for annexation must be accompanied by a fee intended to reimburse the

City for the costs associated with the review of the annexation. The review fee is based on the actual cost

of reviewing the petition for annexation. In addition, the petitioner will be required to pay the actual City

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review costs including, but not limited to, the costs of outside City consultants and City legal fees. All

costs related to recording the annexation documents shall also be paid by the petitioner.

(b) In addition to the review fees, additional fees are charged for park land dedication and

water rights acquisition fees (or water dedications, if applicable). Some of the fees may be deferred

pending the zoning and development of the annexed property. The City Council will make the final

determination on required fees.

16-9-40. Application contents.

The Annexation application shall include:

(1) Letter of Intent. The applicant shall provide a letter of intent addressed to the City

Council to serve as a cover letter to the formal petition, introducing the applicant(s) to the City Council,

requesting annexation of the petitioner’s property and describing the development plans for the property,

if it is annexed.

(2) Annexation Application Form. The City’s Annexation Application Form shall be

completed, signed and dated.

(3) Cost Reimbursement Agreement. The application shall be accompanied a signed standard

form Cost Reimbursement Agreement for the payment of development review expenses incurred by the

City.

(4) Petition for Annexation. The applicant shall submit a petition for annexation complying

with the requirements of C.R.S. § 31-12-107. The City’s standard form petition shall be utilized. Any

deviation from the standard form petition will require review and approval by the City Attorney before

the City accepts the petition for processing. The applicant is to provide a word processing file of this

document if it deviates from the City’s standard form petition.

The petition shall contain the following statements:

(i) An allegation that it is desirable and necessary that the area be annexed to the

municipality.

(ii) An allegation that eligibility requirements and limitations have been met or

addressed respectively.

(iii) An allegation that the petitioners comprise the land owners of more than fifty

(50) percent of the territory included in the proposed annexation area (excluding streets and

alleys).

(iv) A request that the annexing municipality approve the annexation.

(v) If not already included, consent to the inclusion of the property into the

applicable special districts as appropriate.

(vi) A waiver of any right to election pursuant to Section 28 of Article X of the

Colorado Constitution before a district can impose property tax levies and special assessments.

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(vii) The dated signatures of petitioning landowners. Petition signatures must be

signed within one hundred eighty (180) days of the date the petition is first submitted to the City

Clerk.

(viii) The mailing address of each signer of the petition.

(ix) The full legal description of land owned by each signer of the petition (if platted,

by lot and block; if unplatted, by metes and bounds).

(x) The affidavit of each petition circulator that each petitioner’s signature is valid.

(5) Annexation Map. All annexation petitions shall provide an annexation map. The

preferred scale of the map is one (1) inch equals one hundred (100) feet; the minimum allowable scale is

one (1) inch equals two hundred (200) feet. Sheet size shall be twenty-four (24) inches by thirty-six (36)

inches. If it is necessary to draw the map on more than one (1) sheet, a sheet index shall be placed on the

first sheet. The annexation map shall contain the following:

(i) Name of the annexation.

(ii) Legal description of the perimeter.

(iii) Names and addresses of the owners, subdivider, land planner and land surveyor

registered in the State.

(iv) Scale of the plat and north arrow.

(v) The date the map was prepared.

(vi) Boundary lines of the proposed annexation. Distinction of the boundary that is

contiguous to the City and the length of the same boundary on the map, including required

showing of contiguity in feet.

(vii) Lot and block numbers if the area is already platted.

(viii) The location and dimensions of all existing and proposed streets, alleys,

easements, ditches and utilities within or adjacent to the proposed annexation.

(ix) Vicinity map showing the location of the proposed annexation in relation to the

City.

(x) Total acreage to be annexed.

(xi) Certificate of Dedication and Ownership, Surveyor’s Certificate, City Clerk

Certificate, Title Certificate, County Treasurer Certificate, Planning Commission approval , and

City Council approval blocks required to appear on the final subdivision plat in the format

approved by the City.

(xii) Digital copy of the plat compatible with the City GIS.

Page 329: Salida Municipal Code

ARTICLE X

Sign Standards

Sec. 16-10-10. Declaration of intent; findings and purposes.

(a) Findings. The City finds with respect to the display of signs:

(1) That the time, place and manner in which signs are displayed on property within

the City's jurisdiction has a significant impact on the public health, safety and welfare.

(2) That signs serve many important functions in the efficient operations and

economic vitality of the City, including communication, identification and direction.

(3) That the number, location, size, relative scale, design and construction of signs

for public display has a significant impact on the community's aesthetics and beauty.

(4) That poorly designed, constructed, installed or maintained signs can present a

significant danger to traffic and public safety and a harmful impact on the aesthetics and

economic vitality of the City.

(5) That, because legitimate and necessary interests of each zone district are

different, each district requires the application of different time, place and manner

regulations to achieve the purposes furthered in the sign code.

(6) That the cumulative impacts that would accrue if every member of a residential

neighborhood chose to display a sign could be harmful to the best interests of the City and

its residents.

(b) Purpose. The purpose of this Article is to promote the public health, safety and

welfare, by providing uniform standards for the times, places, and manners in which all signs

within each zone in the City shall be displayed. This Article advances the following legitimate

and necessary public purposes:

(1) Communication, Identification and Direction. To allow the reasonable display of

signs for the purposes of communication, identification and direction, while protecting the

public from the display of signs that are unsafe, unattractive, obsolete, out-of-scale or

incompatible with surrounding property uses.

(2) Transportation Safety. To protect the public, including motorists, bicyclists and

pedestrians, by prohibiting the display of signs in a manner that results in visual

distractions, impaired visibility or other dangerous conditions that impair transportation

safety.

(3) Safety. To protect the public by prohibiting the display of signs that are

designed, constructed, installed or maintained in a dangerous manner.

(4) Aesthetics. To protect, enhance and preserve the visual beauty and aesthetic

character of the City by prohibiting the display of signs in a manner that detracts from the

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beauty and character of their particular location, adjacent buildings and uses and the

surrounding neighborhood.

(5) Economic Vitality. To support the economic vitality of commercial enterprises

and investments while providing uniform standards that allow equal opportunity in the

competition to attract and inform customers.

(6) Equal Opportunity. To divide and allocate the cumulative benefits and impacts

realized through the display of signs so that each member of the community possesses an

equal opportunity to communicate, or not communicate, through the display of signs.

(7) Privacy. To protect the privacy of the community members who do not wish to

be overwhelmed by unsolicited communications displayed on signs visible to the public.

(Ord. 2007-11 §4)

Sec. 16-10-20. Applicability.

This article shall apply to all signs or attention-attracting devices located within the City.

Signs or attention-attracting devices shall only be allowed as permitted by this article. The

provisions of Section 16-10-110, nonconforming signs, also apply to signs within the City. (Ord.

2007-11 §4; Ord. 2008-28 §2)

Sec. 16-10-30. Sign permits and administration.

(a) Purpose. The purpose of the sign permit requirement is to assure compliance with the

sign code, prevent waste and provide for the orderly, fair and uniform application of the sign code

to all individuals and situations. This Section only addresses which signs require permits prior to

installation.

(b) Permit Required. A sign permit is required prior to the installation of any sign or

group of signs, whose total aggregate square footage equals more than nine (9) square feet per

property. In multiple-tenant nonresidential buildings or developments with an approved

comprehensive sign plan, a separate permit shall be required for each business entity's signs. Any

multiple-tenant nonresidential buildings or development existing at the time of adoption of this

Code that do not have a comprehensive sign plan shall be required to create a comprehensive sign

plan at the time of application pursuant to the requirements of Section 16-10-100 of this Article.

Separate building and electrical permits may be required for signs and will be determined on a

case-by-case basis.

(c) Exempt Signs. A sign permit is not required for the display of a sign or group of

signs, whose total square footage equals nine (9) square feet or less per property.

(d) Application for Sign Permit. The application for a sign permit shall include the

following information:

(1) Applicant's name, mailing address and phone number.

(2) Location of the property where the sign will be installed.

(3) Sign Type. Identification of the type of signs proposed.

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(4) Sketch. A sketch showing the proposed sign, including dimensions and any other

information needed to calculate permitted sign area, sign height and type of illumination.

A certification by a structural engineer may be required for a pole sign or projecting sign.

(5) Location. A site plan which identifies the proposed location of the sign on the

property, and the location and size of all other existing signs on the building or parcel.

(6) Consent. A letter of consent from the owner of the building or property, if the

applicant is not the owner.

(7) Form. Any other information required on the form provided by the

Administrator.

(8) Nonrefundable permit fee.

(e) Determination of Sufficiency. After receiving the permit application, the

Administrator shall determine whether it is complete. If the application is not complete, the

Administrator shall notify the applicant within ten (10) business days following receipt of the

application and take no further action until the deficiencies are remedied.

(f) Issuance of Permit.

(1) Compliance with Standards. If the application is complete, the Administrator

shall determine whether the application complies with the standards of this Article. The

Administrator shall be authorized to issue the permit, issue the permit with conditions or

deny the permit application.

(2) Review. Review of the application shall be completed and notice sent to the

applicant within ten (10) business days from the date the application was deemed

complete.

(3) Inspections Generally. All signs shall be subject to inspection to determine that

the sign is being installed and/or maintained in accordance with the terms of this Chapter.

(g) Expiration. Whenever the construction of any sign has not been completed within one

hundred eighty (180) days after its approval, the permit shall expire and be of no further force of

effect. (Ord. 2007-11 §4)

Sec. 16-10-40. Types of signs.

(a) Awning Sign. An awning sign is a type of wall sign that is painted, stitched, sewn or

stained onto the surface of an awning. An awning is a shelter supported entirely from the exterior

wall of a building and composed of nonrigid materials except for the supporting framework.

(b) Canopy Sign. A canopy sign is a type of wall sign that is permanently affixed to a

roofed shelter attached to and supported by a building, by columns extending from the ground or

by a combination of a building and columns.

(c) Election Signs. An election sign is a temporary sign displayed during the election

season beginning ninety (90) days prior to an election and ending fifteen (15) days following the

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election for the purpose of expressing opinions concerning candidates, ballot issues and

ideological positions.

(d) Externally Illuminated Sign. An externally illuminated sign is a sign that is lighted

from an external source.

(e) Ground Sign. A ground sign is a freestanding sign where the entire bottom is in

contact with the ground. Ground signs are also referred to as "monument signs."

(f) Internally Illuminated Sign. An internally illuminated sign is a sign that is lighted

from an internal source, including signs that are lighted from fixtures attached to the structure of

the sign such as light tubes or exposed neon tube lighting.

(g) Mural. A mural is a painted image located on a building wall. A mural is a type of

wall sign.

(h) Neon Sign. A neon sign is an internally illuminated sign that utilizes gas-filled tubes.

(i) Nonconforming sign. A nonconforming sign is a sign that was lawfully established

pursuant to the sign codes in effect at the time of its erection, but which does not conform to the

standards of this Article.

(j) Pole Sign. A pole sign is a freestanding sign being supported by a pole or poles and

otherwise separated from the ground by air. Pole signs shall be a minimum of eight (8) feet

above grade when located adjacent to or projecting over a pedestrian way.

(k) Projecting Sign. A projecting sign is any sign structurally supported by a building

wall and projecting from the surface of the building or wall. Projecting signs shall not be higher

than the eave line or parapet wall of the building, shall be a minimum of eight (8) feet above

grade when located adjacent to or projecting over a pedestrian way and shall not extend more

than four (4) feet six (6) inches from the building wall. When two (2) sign faces are placed back

to back and are at no point more that two (2) feet from each other, the area of the sign shall be

counted as the area of a single face if both faces are of equal area, or the area of the larger face if

the faces are not of equal area.

(l) Sidewalk Sign. A sidewalk sign is an advertising or business ground sign constructed

in such a manner as to form an "A" or a tent-like shape, hinged or not hinged at the top; each

angular face held at an appropriate distance by a supporting member. Sidewalk signs are also

referred to as "sandwich board signs."

(m) Temporary Sign: A temporary sign is a sign, attention-attracting device or advertising

display constructed of cloth, vinyl, canvas, fabric, plywood or other light material that is intended

for display for less than ninety (90) days per calendar year.

(n) Window Sign. A window sign is a sign that is painted on, applied or attached to a

window that can be read through the window.

(o) Wall Sign. A wall sign is a permanent sign that is painted on, incorporated into,

hanging from or affixed to the building wall, in such a manner that the wall becomes the

supporting structure for, or forms the background surface of, the sign. Wall signs shall not be

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higher than the eave line or parapet wall of the building, and no sign part, including cut-out

letters, shall project more than six (6) inches from the building wall. (Ord. 2007-11 §4)

Sec. 16-10-50. Time, place and manner for display of signs.

(a) Residential Zones (R-1, R-2, R-3, R-4). Each dwelling unit on a lot with a

nonresidential use in a residential zone may display up to the total sum of nine (9) square feet of

signs. The display of signs in residential zones is limited to pole or ground signs that do not

exceed five (5) feet in height, wall signs and window signs. Signs in residential zones may not be

illuminated.

(b) Residential Uses in Commercial Zones. Each lot with a residential use in a

commercial zone may display up to the total sum of nine (9) square feet of sign area per dwelling

unit. The display of signs related to residential uses shall be limited to pole, ground wall, and

window signs.

(c) Subdivisions and Planned Developments. Each subdivision or planned development

may display one (1) pole or ground sign not to exceed sixteen (16) square feet per street entrance.

Each final plat of a subdivision or final plan of a planned development must have an approved

comprehensive sign plan for the display of signs on property owned or utilized in common by the

lot owners or tenants of the subdivision or planned development. Up to thirty-two (32) square

feet of sign area may be displayed at each entrance to a subdivision or planned development for

no more than two (2) years from the beginning of the physical development process for the

purposes of advertising the development and advertising property sales.

(d) Nonresidential Uses in Commercial Zones. An owner or tenant of a lot used for

nonresidential purposes in a commercial zone may display the following types of signs. No

individual sign may exceed one hundred (100) square feet in area. In no event shall the total

amount of sign area displayed exceed two hundred fifty (250) square feet.

(1) Wall, Pole, Ground or Projecting Signs: The owners or tenants of a lot used for

nonresidential purposes in a commercial zone may display an aggregate sign area totaling

no more than the larger of twenty-five (25) square feet or one (1.0) square foot of sign area

for each linear foot of lot frontage on a street. If there is more than one (1) floor of

nonresidential uses, an additional one-half (0.5) square foot of sign area for each linear foot

of building frontage on a street is available for each additional floor above the first.

(2) Sidewalk Signs: The owners of businesses operating in a building in C-1 or C-2

zones may display one (1) sidewalk sign per building on the sidewalk adjacent to the

public business entrance of the building. If the business entrance is not adjacent to a city

street, the sidewalk sign may be placed at the nearest sidewalk, but only with the express

permission of the owner of the business that is adjacent to the location of the sidewalk sign.

All sidewalk signs are limited in size to a maximum width of three (3) feet and maximum

height of five (5) feet. No sidewalk sign shall be displayed that presents a danger to the

public or impedes the reasonable flow of pedestrian traffic. Sidewalk signs may only be

displayed while the business is open to the public and must be removed at all other times.

Sidewalk signs do not require a sign permit and do not count towards total area allowed.

(3) Temporary Signs: The owners of businesses operating in a building in a

commercial zone may display no more than one (1) temporary sign at any given time. The

total size of a temporary sign shall not exceed sixteen (16) square feet. The total number of

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days in which signs may be displayed shall not exceed ninety (90) days per calendar year

(January 1 to December 31). Temporary signs shall be of professional quality and

displayed in a safe manner. Temporary signs may not be affixed to public property or

infrastructure. Temporary signs do not require a sign permit and do not count towards total

area allowed.

(4) Window Signs: Window signs do not require a permit and do not count towards

total area allowed. Window signs must meet all other requirements and standards for the

display of signs under this Code.

(e) Election Signs; Additional Allowed Signage During an Election Season. During the

political campaign period beginning ninety (90) days prior to an election and ending fifteen (15)

days following the election, each residential dwelling unit in any zone shall be allowed an

additional nine (9) square feet of sign area for the purpose of expressing opinions concerning

candidates, ballot issues and ideological positions. The height of individual election signs shall

be limited as established in Table 16-L.

TABLE 16-K

Time, Place and Manner for the Display of Signs

Zone District Sign Type Permitted Maximum Sign Area

Residential (R-1, R-2, R-3, R4) Wall, pole or ground 9 sq. ft. per dwelling unit

Commercial (RMU, C-1, C-2, I)

Residential Use

Wall, pole or ground 9 sq. ft. per dwelling unit

Commercial (RMU, C-1, C-2, I)

Nonresidential Use

Wall, pole, ground or projecting First floor: 25 sq. ft. or up to 1.0 times the linear

footage of lot frontage

Additional floors: Up to 0.5 times the linear footage of building frontage

Notes:

Every Planned Development, subdivision, multi-tenant building or coordinated development shall have a comprehensive sign plan approved.

The maximum size of any individual sign shall be 100 sq. ft.

TABLE 16-L

Illumination and Height of Signs

Zone District Illumination Maximum Sign Height

Residential (R-1, R-2, R-3, R-4) May not be illuminated 5 feet for pole and ground signs

RMU, C-1, C-2, I Residential Use May not be illuminated 5 feet for pole and ground signs

Residential Mixed Use (RMU) Nonresidential Use Externally illuminated 6 feet for pole and ground signs

Commercial (C-1) and Industrial (I)

Nonresidential Use

Externally or internally

illuminated

20 feet for pole signs and 8 feet

for ground signs

Central Business (C-2) Nonresidential Use Externally illuminated 20 feet for pole signs and 5 feet

for ground signs

SH 291 Corridor Overlay (291 CO) Externally illuminated 5 feet for pole and ground signs

(Ord. 2007-11 §4)

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Sec. 16-10-60. Prohibited signs.

The following signs are inconsistent with the policy, purposes and standards in this Article

and are prohibited in all zoning districts.

(1) Off-Premises Signs. The right to display signs on a property is limited to the

actual residents of the property where the sign is displayed or to commercial entities

actually doing business on the property where the sign is displayed, with the exception that

a nonresident owner may display signs on a property for the purpose of promoting the sale

or lease of the property where the sign is displayed. The City Council may allow off-

premises signs to be displayed following a finding that the proposed sign promotes a

legitimate and necessary public interest in public safety, traffic safety, wayfinding, location

identification, public information or other economic vitality of a commercial district. The

City Council shall review sign permit applications for off-premises signs and approval

shall be by resolution. The City Council shall determine at that time whether the sign area

requested would apply towards the square footage of sign area permitted on the site.

(2) Signs on Public Property. Unless otherwise provided for in the Code, no sign

shall be displayed on public property or within the right-of-way of any road or highway

without the written approval of the City Council and following a finding that the proposed

sign promotes a legitimate and necessary public interest in public safety, traffic safety,

wayfinding, location identification, public information or the economic vitality of a

commercial district.

(3) Moving Signs. Flashing, rotating, blinking or moving signs, animated signs,

signs with moving, rotating or flashing lights or signs that create the illusion of movement,

except for time and temperature devices, are prohibited.

(4) Hazardous Signs. No sign shall be displayed that is erected in such a manner or

location as to cause visual obstruction or interference with a motor vehicle, bicycle,

pedestrian traffic or traffic-control devices, including any sign that obstructs clear vision in

any direction from any street intersection or driveway.

(5) Dangerous Signs. No sign shall be displayed that poses a danger due to poor

design, construction, installation or maintenance.

(6) Decrepit Signs. No sign shall be displayed that is in a state of disrepair, wear or

ruin due to age or neglect. All signs, including signs exempt from these regulations with

respect to permits and fees, shall be maintained in good condition and in compliance with

all building and electrical codes.

(7) Roof Signs. A roof sign is a sign which is erected, placed or maintained, in

whole or in part, upon, against or directly above the roof, or which projects above the eaves

of a pitched roof or above the walls of a flat roof. Signs which are manufactured into the

material of awnings shall not be considered roof signs.

(8) Obsolete Signs. An obsolete sign is a sign or sign structure, excluding murals,

which advertises an activity, product or business which no longer occupies the premises on

which the sign is located. Obsolete signs shall be removed by the legal owner of record of

the property within a period of ninety (90) days after the business, product or service is no

longer located upon the premises where the sign is located. Obsolete signs that are an

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integral part of the facade or which are determined to be historically significant by the

Administrator but which do not advertise a business or product on the site, are permitted.

(9) Attention-Attracting Devices. Attention-attracting devices in general are

prohibited, unless otherwise approved under this Article.

(10) Uncivil Signs. There shall be no signs or pictures of an obscene, indecent or

immoral character such as will offend morals or decency in accordance with constitutional

standards. (Ord. 2007-11 §4)

Sec. 16-10-70. Sign measurement.

(a) All Signs Counted. The aggregate area allowed for signs shall include all signs

displayed on the site.

(b) Sign Surface Area. Sign area shall be the area within the outer boundaries of standard

geometrical shapes which encompasses the sign facing, including copy, insignia, background and

borders.

(c) Sign Support. Supporting framework or bracing that is clearly incidental to the

display itself shall not be computed as sign area.

(d) Cut-Out Letter Signs. The area of cut-out letter signs shall be considered to be that of

a single rectangle or square encompassing all of the letters used to convey the message of the sign

and shall include the open space between letters of words within that rectangle or square. The

height of letters will be measured on the uppercase letters.

(e) Multi-Face Signs. The sign area for a sign with more than one (1) face shall be

computed by adding together the area of all sign faces visible from a single point, unless

otherwise specified in this Article. When two (2) sign faces are placed back to back and are at no

point more than two (2) feet from each other, the area of the sign shall be counted as the area of a

single face.

(f) Sign Height. The height of a sign shall be measured from the highest point of a sign

to the ground surface beneath it. When berms are used in conjunction with signage, the height of

the sign shall be measured from the mean elevation of the fronting street.

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Sign Measurement Details

(Ord. 2007-11 §4)

Sec. 16-10-80. Sign location and appearance standards.

(a) Creative Design. Creative designs are encouraged. Signs shall make a positive

contribution to the general appearance of the street and commercial area in which they are

located. A well-designed sign can be a major asset to a building. The City encourages

imaginative and innovative sign design. The creative sign application procedure (Section 16-8-90

below) is specifically designed for artistic and unusual signs that might not fit the standard sign

regulations and categories.

(b) Externally Lit Signs. Illumination of signs shall be arranged in such a manner as to be

reflected away from residential properties and the vision of motorists, bicyclists or pedestrians.

Lighting shall be placed so as to light downward onto a sign and be fully shielded. Fixtures used

to illuminate signs shall be aimed so as not to project their light beyond the sign.

(c) Internally Lit Signs. Illumination of signs shall be arranged in such a manner as to be

reflected away from residential properties and the vision of motorists, bicyclists or pedestrians.

To reduce glare and increase the ability to read signs at night, it is recommended that internally lit

signs use white lettering against a dark background color.

(d) Location of Signs. The following setbacks for signs shall be met for street and

driveway intersections: No sign shall be located within a "clear sight triangle" between the height

of two (2) and ten (10) feet above the ground.

(e) Architectural Elements. Signs should not be placed so that they cover essential,

character-defining architectural details of a building.

(f) Construction. All signs shall be made by a commercial sign manufacturer or be of

similar professional quality. All signs shall be completed and erected in a professional manner

and in accordance with this Chapter.

(g) Right-of-way. Any sign which projects over a right-of-way in such a manner that it

may cause a danger to the public shall have supports, hangers or fasteners certified by a

Colorado-licensed structural engineer. (Ord. 2007-11 §4)

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Sec. 16-10-90. Creative signs.

(a) Policy and Purpose. It is the policy of the City to encourage the use of creative signs

that exhibit a high degree of thoughtfulness, imagination and inventiveness. The purpose of the

creative sign process is to establish standards and procedures for the design review and approval

of creative signs which, due to their unique design and construction, will make a significant

contribution to the aesthetic beauty, historic character and cultural identity of the community, yet

due to their creative qualities or site constraints would not be otherwise allowed under this Code.

(b) Applicability. An applicant may only request the approval of a sign permit under the

creative sign section for a sign that employs design standards that differ from the provisions of

Sections 16-10-50 and 16-10-60 above, and otherwise comply with all other provisions of the

sign code.

(c) Approval Authority. A sign permit application for a creative sign shall be subject to

approval by the Planning Commission.

(d) Procedure.

(1) Submittal of Application. The applicant shall submit a complete application

including all of the materials required in Subsection 16-10-30(d) above.

(2) Staff Review. The Administrator shall review the application to determine

whether it is complete. The Administrator shall forward a report to the Planning

Commission, which summarizes the application's compliance with the review standards

contained in Subsection (e) below and other applicable provisions of this Chapter. The

technical comments and professional recommendations of other agencies, organizations

and consultants may be solicited in drafting the report.

(3) Public Notice. Public notice that the Planning Commission will conduct a public

hearing to consider the application for a creative sign shall be provided as specified in

Section 16-2-30 of this Chapter.

(4) Public Action by Planning Commission. The Planning Commission shall

conduct a public hearing to review the conformance of the application with all applicable

provisions of this Chapter. The Planning Commission shall approve, approve with

conditions or deny the application, or remand it to the applicant with instructions for

modification or additional information or action.

(e) Review Standards.

(1) Impact Review Standards. No sign shall be approved under the creative sign

process that the Planning Commission finds:

a. Will have a significant adverse impact on adjacent properties. The sign

shall not adversely affect neighboring property owners, businesses or residents and

should be compatible with the uses, character and identity of the area in which it is

displayed;

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b. Creates a dangerous condition. Granting the creative sign permit will not

adversely affect public safety. The use of signs or attention-attracting devices should

not significantly distract traffic on adjacent streets; or

c. Distracts from the important architectural, natural or historic features of the

building or neighborhood in which the sign is displayed.

(2) Design Review Standards. In addition to the Impact Review Standards, to

approve a sign under the creative sign process, the Planning Commission must find that the

unique and creative design of the sign will meet Standards a, b and c or Standard d:

a. Constitute a substantial aesthetic improvement to the site and have a

positive visual impact on the surrounding area that justifies departure from the

parameters of Section 16-10-50 and/or 16-10-60 above.

b. Utilize and/or enhance the architectural or historic elements of the building

or location where it is displayed in an historic, unique and/or creative manner that

justifies departure from the parameters of Section 16-10-50 and/or 16-10-60 above.

c. Provide strong artistic character through the imaginative use of design,

graphics, color, texture, quality of materials, scale and proportion uses, character and

identity of the area in which it is displayed.

d. A creative sign may be appropriate to provide reasonable visibility of a

business's main sign in some rare situations where topography, landscaping, existing

buildings or unusual building design may substantially block visibility of the

applicant's existing or proposed signs from multiple directions. Despite the possibility

of a creative sign permit, visibility of a sign or attention-attracting device may not be

possible.

Sec. 16-10-100. Comprehensive sign plan

Every multi-tenant building or coordinated development, such as office parks, civic uses,

shopping centers and business parks, shall have a comprehensive sign plan approved. Any

multiple-tenant nonresidential buildings or development existing at the time of adoption of this

code that do not have a comprehensive sign plan shall be required to create a comprehensive sign

plan at the time of application for a new sign at the site. Where a comprehensive sign plan is

required for an existing development with multiple owners, all such owners shall be given notice

and have the opportunity to participate in development of the comprehensive sign plan or provide

written approval of said plan. In the event any affected owner fails to participate in the

development of the comprehensive sign plan or provide written approval therefor within fifteen

(15) days of notice, that owner will be deemed to have consented to the plan's adoption. Planned

Developments shall include a comprehensive sign plan at the final development plan stage.

Applications for final subdivision plat shall include a comprehensive sign plan application.

(1) Purpose. The general purpose of the comprehensive sign plan is to ensure proper

business identification while enhancing the quality, harmony and consistency of a project

by aesthetically integrating signage into the architecture of each building as well as the

development as a whole. The sign scheme must comply with the basic requirements for

signs established for the project's uses by this Article. The comprehensive sign plan shall

address the following topics and demonstrate the following characteristics:

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a. Identification signs: Designation of the size and location of identification

signage proposed for individual tenants. Specifications should anticipate minimum

and maximum height. Sign locations should anticipate impact of pad buildings and

landscaping, as well as the provision of adequate spacing between facade signs for

effective readability.

b. Permitted area, height, illumination and number of signs. The permitted

amount of sign area, height, illumination and similar restrictions should follow the

total area permitted in Tables 16-K and 16-L of this Article for each site within the

development. In Planned Developments, the permitted area, height and illumination

should be proposed in relation to the types of uses in each portion of the development.

The applicant shall designate how much sign area of the total permitted signage

should be apportioned to each tenant space for both individual identification signs and

common freestanding signs.

c. Appearance: Signs shall be durable, attractive and designed to

complement and reinforce the design of the project buildings.

d. Consistency: Sign design within a development should be generally

consistent between tenants and buildings so that the design continuity of the project is

maintained. However, it is not necessary for every sign within a particular

development to be identical.

e. Exempt signs. Signs not requiring a permit under this Article shall still be

permitted in a development with a comprehensive sign plan unless stated otherwise in

the comprehensive sign plan.

(2) Approval of Comprehensive Sign Plans. Proposed comprehensive sign plans

shall be submitted on the forms or in the format prescribed by the Administrator.

a. Submittal of application. The applicant shall submit a complete

application to the Administrator meeting the requirements of Subsection 16-8-30(d)

for each project requiring comprehensive sign plan approval at the time of final

development plan application, final plat application or prior to issuance of any

certificate of occupancy if no final development plan or plat was required.

b. Compliance with standards. If the application is complete, the

Administrator shall determine whether the application complies with the standards of

this Article. The Administrator shall be authorized to issue the permit, issue the

permit with conditions or deny the permit application.

c. Review. Review of the application shall be completed and notice sent to

the applicant concurrent with the approval of a final development plan or building

permit application.

(3) Comprehensive Sign Plan Modifications. Minor modifications to a sign scheme

that are still within the overall concept and intent of the approved plan may be approved by

the Administrator. Major modifications or a new comprehensive sign plan will require a

new application, including a plan to bring any existing signs in the development into

conformance with the new plan.

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(4) Permits Required for Individual Signs Within the Comprehensive Sign Plan. In

multiple-tenant commercial buildings or developments with an approved comprehensive

sign plan, a separate permit shall be required for each business entity's signs. (

Sec. 16-10-110. Nonconforming signs.

(a) Authority to Continue. Any sign legally established on the effective date of this Land

Use Code or any amendment thereto which does not conform with any provisions of the Land

Use Code shall be allowed to remain and to be maintained in good repair, subject to the

discontinuance provisions below.

(b) Discontinuance. A legal nonconforming sign shall be removed if any one of the

following conditions occurs. In all such cases of discontinuance, if a replacement sign is

proposed it shall be constructed in accordance with the provisions of this Land Use Code.

(1) If a change of use occurs, regardless of ownership, such that the new use

would be a different classification under Table 16-D;

(2) The principal use with which the sign is associated terminates for ninety (90)

days or longer;

(3) The principal building with which the sign is associated is demolished or

destroyed;

(4) The nonconforming sign is destroyed or damaged as a result of either an

intentional act of the owner (other than for maintenance which shall not exceed two [2]

weeks), an unintentional act of another or an act of nature, the replacement sign shall be

constructed in conformance with the provisions of this Land Use Code if the estimated

cost of restoration to its condition before the occurrence exceeds fifty percent (50%) of

the value of the sign structure prior to being damaged;

(5) The building official determines that the sign is an immediate hazard to the

public health, safety and welfare because of disrepair, unsafe mounting, imminent

dislodging or other safety factors.

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ARTICLE XI

Flood Control

16-11-10. Statutory authorization.

The Legislature of the State of Colorado has, in Title 29, Article 20 of the Colorado Revised

Statutes, delegated the responsibility of local governmental units to adopt regulations designed to

minimize flood losses. Therefore, the City Council of Salida, Colorado, does hereby adopt the following

floodplain management regulations.

16-11-20. Findings of fact.

(a) The flood hazard areas of Salida, Colorado are subject to periodic inundation, which can

result in loss of life and property, health and safety hazards, disruption of commerce and governmental

services, and extraordinary public expenditures for flood protection and relief, all of which adversely

affect the health, safety and general welfare of the public.

(b) These flood losses are created by the cumulative effect of obstructions in floodplains

which cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by

uses vulnerable to floods and hazardous to other lands because they are inadequately elevated,

floodproofed or otherwise protected from flood damage.

16-11-30. Statement of purpose.

It is the purpose of this Article to promote public health, safety and general welfare and to

minimize public and private losses due to flood conditions in specific areas by provisions designed to:

(1) Protect human life and health;

(2) Minimize expenditure of public money for costly flood control projects;

(3) Minimize the need for rescue and relief efforts associated with flooding and generally

undertaken at the expense of the general public;

(4) Minimize prolonged business interruptions;

(5) Minimize damage to Critical Facilities, infrastructure and other public facilities such as

water, sewer and gas mains; electric and communications stations; and streets and bridges located in

floodplains;

(6) Help maintain a stable tax base by providing for the sound use and development of flood-

prone areas in such a manner as to minimize future flood blight areas; and

(7) Insure that potential buyers are notified that property is located in a flood hazard area.

16-11-40. Methods of reducing flood losses.

In order to accomplish its purposes, this Article uses the following methods:

(1) Restrict or prohibit uses that are dangerous to health, safety or property in times of flood,

or cause excessive increases in flood heights or velocities;

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(2) Require that uses vulnerable to floods, including facilities which serve such uses, be

protected against flood damage at the time of initial construction;

(3) Control the alteration of natural floodplains, stream channels, and natural protective

barriers, which are involved in the accommodation of flood waters;

(4) Control filling, grading, dredging and other development which may increase flood

damage; and

(5) Prevent or regulate the construction of flood barriers which will unnaturally divert flood

waters or which may increase flood hazards to other lands.

16-11-50. Definitions.

Unless specifically defined below, words or phrases used in this Article shall be interpreted to

give them the meaning they have in common usage and to give this Article its most reasonable

application.

100-Year Flood means a flood having a recurrence interval that has a one-percent chance of being

equaled or exceeded during any given year (1-percent-annual-chance flood). The terms "one-hundred-

year flood" and "one percent chance flood" are synonymous with the term "100-year flood." The term

does not imply that the flood will necessarily happen once every one hundred years.

100-Year Floodplain means the area of land susceptible to being inundated as a result of the occurrence

of a one-hundred-year flood.

500-Year Flood means a flood having a recurrence interval that has a 0.2-percent chance of being equaled

or exceeded during any given year (0.2-percent-chance-annual-flood). The term does not imply that the

flood will necessarily happen once every five hundred years.

500-Year Floodplain means the area of land susceptible to being inundated as a result of the occurrence

of a five-hundred-year flood.

Addition means activity that expands the enclosed footprint or increases the square footage of an existing

structure.

Base flood elevation (BFE) means the elevation shown on a FEMA Flood Insurance Rate Map for Zones

AE, AH, A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, AR/AO, V1-V30, and VE that indicates the

water surface elevation resulting from a flood that has a one percent chance of equaling or exceeding that

level in any given year.

Basement means any area of a building having its floor sub-grade (below ground level) on all sides.

Channel means the physical confine of stream or waterway consisting of a bed and stream banks, existing

in a variety of geometries.

Channelization means the artificial creation, enlargement or realignment of a stream channel.

Conditional Letter of Map Revisions (CLOMR) means FEMA's comment on a proposed project, which

does not revise an effective floodplain map, that would, upon construction, affect the hydrologic or

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hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory

floodplain.

Critical Facility means a structure or related infrastructure, but not the land on which it is situated, as

specified in Section 16-11-230, that if flooded may result in significant hazards to public health and safety

or interrupt essential services and operations for the community at any time before, during and after a

flood. See Section 16-11-230.

Development means any man-made change in improved and unimproved real estate, including but not

limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling

operations or storage of equipment or materials.

Digital flood insurance rate map (DFIRM) means a FEMA digital floodplain map. These digital maps

serve as “regulatory floodplain maps” for insurance and floodplain management purposes.

Elevated building means a non-basement building (i) built, in the case of a building in Zones A1-30, AE,

A, A99, AO, AH, B, C, X, and D, to have the top of the elevated floor above the ground level by means

of pilings, columns (posts and piers), or shear walls parallel to the flow of the water and (ii) adequately

anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude

of the base flood. In the case of Zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, "elevated building"

also includes a building elevated by means of fill or solid foundation perimeter walls with openings

sufficient to facilitate the unimpeded movement of flood waters.

Existing manufactured home park or subdivision means a manufactured home park or subdivision for

which the construction of facilities for servicing the lots on which the manufactured homes are to be

affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final

site grading or the pouring of concrete pads) is completed before the effective date of the floodplain

management regulations adopted by a community.

Flood or flooding means a general and temporary condition of partial or complete inundation of normally

dry land areas from:

(1) The overflow of water from channels and reservoir spillways;

(2) The unusual and rapid accumulation or runoff of surface waters from any source; or

(3) Mudslides or mudflows that occur from excess surface water that is combined with mud

or other debris that is sufficiently fluid so as to flow over the surface of normally dry land areas (such as

earth carried by a current of water and deposited along the path of the current).

Flood insurance rate map (FIRM) means an official map of a community, on which the Federal

Emergency Management Agency has delineated both the Special Flood Hazard Areas and the risk

premium zones applicable to the community.

Flood insurance study (FIS) means the official report provided by the Federal Emergency Management

Agency. The report contains the Flood Insurance Rate Map as well as flood profiles for studied flooding

sources that can be used to determine Base Flood Elevations for some areas.

Floodplain or flood-prone area means any land area susceptible to being inundated as the result of a

flood, including the area of land over which floodwater would flow from the spillway of a reservoir.

Floodplain Administrator means the City Administrator, who shall administer and enforce the floodplain

management regulations.

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Floodplain development permit means a permit required before construction or development begins

within any Special Flood Hazard Area (SFHA). If FEMA has not defined the SFHA within a community,

the community shall require permits for all proposed construction or other development in the community

including the placement of manufactured homes, so that it may determine whether such construction or

other development is proposed within flood-prone areas. Permits are required to ensure that proposed

development projects meet the requirements of the NFIP and these floodplain management regulations.

Floodplain management means the operation of an overall program of corrective and preventive measures

for reducing flood damage, including but not limited to emergency preparedness plans, flood control

works and floodplain management regulations.

Floodplain management regulations means zoning ordinances, subdivision regulations, building codes,

health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and

erosion control ordinance) and other applications of police power. The term describes such state or local

regulations, in any combination thereof, which provide standards for the purpose of flood damage

prevention and reduction.

Flood control structure means a physical structure designed and built expressly or partially for the

purpose of reducing, redirecting, or guiding flood flows along a particular waterway. These specialized

flood modifying works are those constructed in conformance with sound engineering standards.

Floodproofing means any combination of structural and/or non-structural additions, changes, or

adjustments to structures which reduce or eliminate flood damage to real estate or improved real property,

water and sanitary facilities, structures and their contents.

Floodway (regulatory floodway) means the channel of a river or other watercourse and adjacent land

areas that must be reserved in order to discharge the base flood without cumulatively increasing the water

surface elevation more than a designated height. The Colorado statewide standard for the designated

height to be used for all newly studied reaches shall be one-half foot (six inches). Letters of Map

Revision to existing floodway delineations may continue to use the floodway criteria in place at the time

of the existing floodway delineation.

Freeboard means the vertical distance in feet above a predicted water surface elevation intended to

provide a margin of safety to compensate for unknown factors that could contribute to flood heights

greater than the height calculated for a selected size flood such as debris blockage of bridge openings and

the increased runoff due to urbanization of the watershed.

Functionally dependent use means a use which cannot perform its intended purpose unless it is located or

carried out in close proximity to water. The term includes only docking facilities, port facilities that are

necessary for the loading and unloading of cargo or passengers, and ship building and ship repair

facilities, but does not include long-term storage or related manufacturing facilities.

Historic structure means any structure that is:

(1) Listed individually in the National Register of Historic Places (a listing maintained by the

Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the

requirements for individual listing on the National Register;

(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to

the historical significance of a registered historic district or a district preliminarily determined by the

Secretary to qualify as a registered historic district;

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(3) Individually listed on a state inventory of historic places in states with historic

preservation programs which have been approved by the Secretary of Interior; or

(4) Individually listed on a local inventory of historic places in communities with historic

preservation programs that have been certified either:

(i) By an approved state program as determined by the Secretary of the Interior or;

(ii) Directly by the Secretary of the Interior in states without approved programs.

Levee means a man-made embankment, usually earthen, designed and constructed in accordance with

sound engineering practices to contain, control, or divert the flow of water so as to provide protection

from temporary flooding. For a levee structure to be reflected on the FEMA FIRMs as providing flood

protection, the levee structure must meet the requirements set forth in 44 CFR 65.10.

Letter of Map Revision (LOMR) means FEMA's official revision of an effective Flood Insurance Rate

Map (FIRM), or Flood Boundary and Floodway Map (FBFM), or both. LOMRs are generally based on

the implementation of physical measures that affect the hydrologic or hydraulic characteristics of a

flooding source and thus result in the modification of the existing regulatory floodway, the effective Base

Flood Elevations (BFEs), or the Special Flood Hazard Area (SFHA).

Letter of Map Revision Based on Fill (LOMR-F) means FEMA’s modification of the Special Flood

Hazard Area (SFHA) shown on the Flood Insurance Rate Map (FIRM) based on the placement of fill

outside the existing regulatory floodway.

Lowest floor means the lowest floor of the lowest enclosed area (including basement). Any floor used for

living purposes which includes working, storage, sleeping, cooking and eating, or recreation or any

combination thereof. This includes any floor that could be converted to such a use such as a basement or

crawl space. The lowest floor is a determinate for the flood insurance premium for a building, home or

business. An unfinished or flood resistant enclosure, usable solely for parking or vehicles, building access

or storage in an area other than a basement area is not considered a building's lowest floor; provided that

such enclosure is not built so as to render the structure in violation of the applicable non-elevation design

requirement of Section 60.3 of the National Flood insurance Program regulations.

Manufactured home means a structure transportable in one or more sections, which is built on a

permanent chassis and is designed for use with or without a permanent foundation when connected to the

required utilities. The term "manufactured home" does not include a "recreational vehicle".

Mean sea level means for purposes of the National Flood Insurance Program, the North American

Vertical Datum (NAVD) of 1988 or other datum, to which Base Flood Elevations shown on a

community's Flood Insurance Rate Map are referenced.

Material Safety Data Sheet (MSDS) means a form with data regarding the properties of a particular

substance. An important component of product stewardship and workplace safety, it is intended to

provide workers and emergency personnel with procedures for handling or working with that substance in

a safe manner, and includes information such as physical data (melting point, boiling point, flash point,

etc.), toxicity, health effects, first aid, reactivity, storage, disposal, protective equipment, and spill-

handling procedures.

National Flood Insurance Program (NFIP) means FEMA’s program of flood insurance coverage and

floodplain management administered in conjunction with the Robert T. Stafford Relief and Emergency

Assistance Act. The NFIP has applicable Federal regulations promulgated in Title 44 of the Code of

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Federal Regulations. The U.S. Congress established the NFIP in 1968 with the passage of the National

Flood Insurance Act of 1968.

No-rise certification means a record of the results of an engineering analysis conducted to determine

whether a project will increase flood heights in a floodway. A No-Rise Certification must be supported by

technical data and signed by a registered Colorado Professional Engineer. The supporting technical data

should be based on the standard step-backwater computer model used to develop the 100-year floodway

shown on the Flood Insurance Rate Map (FIRM) or Flood Boundary and Floodway Map (FBFM).

Physical Map Revision (PMR) means FEMA’s action whereby one or more map panels are physically

revised and republished. A PMR is used to change flood risk zones, floodplain and/or floodway

delineations, flood elevations, and/or planimetric features.

Recreational vehicle means a vehicle which is:

(1) Built on a single chassis;

(2) 400 square feet or less when measured at the largest horizontal projections;

(3) Designed to be self-propelled or permanently towable by a light duty truck; and

(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters

for recreational, camping, travel, or seasonal use.

Special Flood Hazard Area means the land in the floodplain within a community subject to a one percent

or greater chance of flooding in any given year, i.e., the 100-year floodplain.

Structure means a walled and roofed building, including a gas or liquid storage tank, which is principally

above ground, as well as a manufactured home.

Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the

structure to its before-damaged condition would equal or exceed 50 percent of the market value of the

structure just prior to when the damage occurred.

Substantial improvement means the reconstruction, rehabilitation, addition, or other improvement of a

structure, the cost of which equals or exceeds 50 percent of the market value of the structure before "Start

of Construction" of the improvement. The value of the structure shall be determined by the local

jurisdiction having land use authority in the area of interest. This includes structures which have incurred

"Substantial Damage", regardless of the actual repair work performed. The term does not, however,

include either:

(1) Any project for improvement of a structure to correct existing violations of state or local

health, sanitary, or safety code specifications which have been identified by the local code enforcement

official and which are the minimum necessary conditions or

(2) Any alteration of a "historic structure” provided that the alteration will not preclude the

structure's continued designation as a "historic structure."

Threshold Planning Quantity (TPQ) means a quantity designated for each chemical on the list of

extremely hazardous substances that triggers notification by facilities to the State that such facilities are

subject to emergency planning requirements.

Water surface elevation means the height, in relation to the North American Vertical Datum (NAVD) of

1988 (or other datum, where specified), of floods of various magnitudes and frequencies in the

floodplains of coastal or riverine areas.

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16-11-60. Lands to which this Article applies.

This Article shall apply to all Special Flood Hazard Areas and areas removed from the floodplain

by the issuance of a FEMA Letter of Map Revision Based on Fill (LOMR-F) within the jurisdiction of

Salida, Colorado.

16-11-70. Basis for establishing Special Flood Hazard Areas.

The Special Flood Hazard Areas identified by the Federal Emergency Management Agency in a

scientific and engineering report entitled, "The Flood Insurance Study for Salida, Colorado," dated March

30, 1982, with accompanying Flood Insurance Rate Maps and/or Flood Boundary-Floodway Maps

(FIRM and/or FBFM) and any revisions thereto are hereby adopted by reference and declared to be a part

of this Article. These Special Flood Hazard Areas identified by the FIS and attendant mapping are the

minimum area of applicability of this Article and may be supplemented by studies designated and

approved by the {community governing body}. The Floodplain Administrator shall keep a copy of the

Flood Insurance Study (FIS), DFIRMs, FIRMs and/or FBFMs on file and available for public inspection.

16-11-80. Establishment of Floodplain Development Permit.

A Floodplain Development Permit shall be required to ensure conformance with the provisions of

this Article.

16-11-90. Compliance

No structure or land shall hereafter be constructed, located, extended or altered without full

compliance with the terms of this Article and other applicable regulations.

16-11-100. Abrogation and greater restrictions.

This Article is not intended to repeal, abrogate or impair any existing easements, covenants or

deed restrictions. However, where this Article and another ordinance, easement, covenant or deed

restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

16-11-110. Interpretation.

In the interpretation and application of this Article, all provisions shall be:

(1) Considered as minimum requirements;

(2) Liberally construed in favor of the governing body; and

(3) Deemed neither to limit nor repeal any other powers granted under state statutes.

16-11-120. Warning and disclaimer of liability.

The degree of flood protection required by this Article is considered reasonable for regulatory

purposes and is based on scientific and engineering considerations. Larger floods can and will occur on

rare occasions. Flood heights may be increased by man-made or natural causes. This Article does not

imply that land outside the Special Flood Hazard Areas or uses permitted within such areas will be free

from flooding or flood damages. This Article shall not create liability on the part of the City, any officer

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or employee thereof, or the Federal Emergency Management Agency, for any flood damages that result

from reliance on this Article or any administrative decision lawfully made thereunder.

16-11-130. Designation of Floodplain Administrator.

The City Administrator is hereby appointed as Floodplain Administrator to administer, implement

and enforce the provisions of this Article and other appropriate sections of 44 CFR (National Flood

Insurance Program Regulations) pertaining to floodplain management.

16-11-140. Duties and responsibilities of Floodplain Administrator.

Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the

following:

(1) Maintain and hold open for public inspection all records pertaining to the provisions of

this Article, including the actual elevation (in relation to mean sea level) of the lowest floor (including

basement) of all new or substantially improved structures and any floodproofing certificate required by

Section 16-11-150.

(2) Review, approve, or deny all applications for Floodplain Development Permits required

by adoption of this Article.

(3) Review Floodplain Development Permit applications to determine whether a proposed

building site, including the placement of manufactured homes, will be reasonably safe from flooding.

(4) Review permits for proposed development to assure that all necessary permits have been

obtained from those Federal, State or local governmental agencies (including Section 404 of the Federal

Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is

required.

(5) Inspect all development at appropriate times during the period of construction to ensure

compliance with all provisions of this Article, including proper elevation of the structure.

(6) Where interpretation is needed as to the exact location of the boundaries of the Special

Flood Hazard Area (for example, where there appears to be a conflict between a mapped boundary and

actual field conditions) the Floodplain Administrator shall make the necessary interpretation.

(7) When Base Flood Elevation data has not been provided in accordance with Section 16-

11-70, the Floodplain Administrator shall obtain, review and reasonably utilize any Base Flood Elevation

data and Floodway data available from a Federal, State, or other source, in order to administer the

provisions for flood hazard reduction.

(8) For waterways with Base Flood Elevations for which a regulatory Floodway has not been

designated, no new construction, substantial improvements, or other development (including fill) shall be

permitted within Zones A1-30 and AE on the community's FIRM, unless it is demonstrated that the

cumulative effect of the proposed development, when combined with all other existing and anticipated

development, will not increase the water surface elevation of the base flood more than one-half foot at

any point within the community

(9) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood

Insurance Program regulations, a community may approve certain development in Zones A1-30, AE, AH,

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on the community's FIRM which increases the water surface elevation of the base flood by more than

one-half foot, provided that the community first applies for a conditional FIRM revision through FEMA

(Conditional Letter of Map Revision), fulfills the requirements for such revisions as established under the

provisions of Section 65.12 and receives FEMA approval.

(10) Notify, in riverine situations, adjacent communities and the State Coordinating Agency,

which is the Colorado Water Conservation Board, prior to any alteration or relocation of a watercourse,

and submit evidence of such notification to FEMA.

(11) Ensure that the flood carrying capacity within the altered or relocated portion of any

watercourse is maintained.

16-11-150. Permit procedures.

(a) Application for a Floodplain Development Permit shall be presented to the Floodplain

Administrator on forms furnished by him/her and may include, but not be limited to, plans in duplicate

drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing

and proposed structures, including the placement of manufactured homes, and the location of the

foregoing in relation to the Special Flood Hazard Area. Additionally, the following information is

required:

(1) Elevation (in relation to mean sea level), of the lowest floor (including basement)

of all new and substantially improved structures;

(2) Elevation in relation to mean sea level to which any nonresidential structure shall

be floodproofed;

(3) A certificate from a registered Colorado Professional Engineer or architect that

the nonresidential floodproofed structure shall meet the floodproofing criteria of Section 16-11-

180.

(4) Description of the extent to which any watercourse or natural drainage will be

altered or relocated as a result of proposed development.

(5) Maintain a record of all such information in accordance with Section 16-11-140.

(b) Approval or denial of a Floodplain Development Permit by the Floodplain Administrator

shall be based on all of the provisions of this Article and the following relevant factors:

(1) The danger to life and property due to flooding or erosion damage;

(2) The susceptibility of the proposed facility and its contents to flood damage and

the effect of such damage on the individual owner;

(3) The danger that materials may be swept onto other lands to the injury of others;

(4) The compatibility of the proposed use with existing and anticipated development;

(5) The safety of access to the property in times of flood for ordinary and emergency

vehicles;

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(6) The costs of providing governmental services during and after flood conditions

including maintenance and repair of streets and bridges, and public utilities and facilities such as

sewer, gas, electrical and water systems;

(7) The expected heights, velocity, duration, rate of rise and sediment transport of

the flood waters and the effects of wave action, if applicable, expected at the site;

(8) The necessity to the facility of a waterfront location, where applicable;

(9) The availability of alternative locations, not subject to flooding or erosion

damage, for the proposed use;

(10) The relationship of the proposed use to the comprehensive plan for that area.

16-11-160. Variance procedures.

(a) The Board of Adjustment, as established by the City Council, shall hear and render

judgment on requests for variances from the requirements of this Article.

(b) The Board of Adjustment shall hear and render judgment on an appeal only when it is

alleged there is an error in any requirement, decision, or determination made by the Floodplain

Administrator in the enforcement or administration of this Article.

(c) Any person or persons aggrieved by the decision of the Board of Adjustment may appeal

such decision in the courts of competent jurisdiction.

(d) The Floodplain Administrator shall maintain a record of all actions involving an appeal

and shall report variances to the Federal Emergency Management Agency upon request.

(e) Variances may be issued for the reconstruction, rehabilitation or restoration of structures

listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard

to the procedures set forth in the remainder of this Article.

(f) Variances may be issued for new construction and substantial improvements to be erected

on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures

constructed below the base flood level, providing the relevant factors in Section C of this Article have

been fully considered. As the lot size increases beyond the one-half acre, the technical justification

required for issuing the variance increases.

(g) Upon consideration of the factors noted above and the intent of this Article, the Board of

Adjustment may attach such conditions to the granting of variances as it deems necessary to further the

purpose and objectives of this Article as stated in Section 16-11-30.

(h) Variances shall not be issued within any designated floodway if any increase in flood

levels during the base flood discharge would result.

(i) Variances may be issued for the repair or rehabilitation of historic structures upon a

determination that the proposed repair or rehabilitation will not preclude the structure's continued

designation as a historic structure and the variance is the minimum necessary to preserve the historic

character and design of the structure.

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(j) Prerequisites for granting variances:

(1) Variances shall only be issued upon a determination that the variance is the

minimum necessary, considering the flood hazard, to afford relief.

(2) Variances shall only be issued upon:

(i) Showing a good and sufficient cause;

(ii) A determination that failure to grant the variance would result in

exceptional hardship to the applicant, and

(iii) A determination that the granting of a variance will not result in

increased flood heights, additional threats to public safety, extraordinary public expense,

create nuisances, cause fraud on or victimization of the public, or conflict with existing

local laws or ordinances.

(3) Any applicant to whom a variance is granted shall be given written notice that the

structure will be permitted to be built with the lowest floor elevation below the Base Flood

Elevation, and that the cost of flood insurance will be commensurate with the increased risk

resulting from the reduced lowest floor elevation.

(k) Variances may be issued by a community for new construction and substantial

improvements and for other development necessary for the conduct of a Functionally Dependent Use

provided that:

(1) The criteria outlined in subsections (a) through (i) are met, and

(2) The structure or other development is protected by methods that minimize flood

damages during the base flood and create no additional threats to public safety

16-11-170. General standards and provisions for flood hazard reduction.

In all Special Flood Hazard Areas the following provisions are required for all new construction

and substantial improvements:

(1) All new construction or substantial improvements shall be designed (or modified) and

adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from

hydrodynamic and hydrostatic loads, including the effects of buoyancy;

(2) All new construction or substantial improvements shall be constructed by methods and

practices that minimize flood damage;

(3) All new construction or substantial improvements shall be constructed with materials

resistant to flood damage;

(4) All new construction or substantial improvements shall be constructed with electrical,

heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are

designed and/or located so as to prevent water from entering or accumulating within the components

during conditions of flooding;

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(5) All manufactured homes shall be installed using methods and practices which minimize

flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored

to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited

to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State

and local anchoring requirements for resisting wind forces.

(6) All new and replacement water supply systems shall be designed to minimize or

eliminate infiltration of flood waters into the system;

(7) New and replacement sanitary sewage systems shall be designed to minimize or eliminate

infiltration of flood waters into the system and discharge from the systems into flood waters; and

(8) On-site waste disposal systems shall be located to avoid impairment to them or

contamination from them during flooding.

16-11-180. Specific standards for flood hazard reduction.

In all Special Flood Hazard Areas where base flood elevation data has been provided as set forth

in (i) Section 16-11-70, (ii) Section 16-11-140(7), or (iii) Section 16-11-220, the following provisions are

required:

(1) Residential construction. New construction and Substantial Improvement of any

residential structure shall have the lowest floor (including basement), elevated to one foot above the base

flood elevation. Upon completion of the structure, the elevation of the lowest floor, including basement,

shall be certified by a registered Colorado Professional Engineer, architect, or land surveyor. Such

certification shall be submitted to the Floodplain Administrator.

(2) Non-residential construction. With the exception of Critical Facilities, outlined in

Section 16-11-230, new construction and Substantial Improvements of any commercial, industrial, or

other nonresidential structure shall either have the lowest floor (including basement) elevated to one foot

above the base flood elevation or, together with attendant utility and sanitary facilities, be designed so that

at one foot above the base flood elevation the structure is watertight with walls substantially impermeable

to the passage of water and with structural components having the capability of resisting hydrostatic and

hydrodynamic loads and effects of buoyancy.

A registered Colorado Professional Engineer or architect shall develop and/or review structural

design, specifications, and plans for the construction, and shall certify that the design and methods of

construction are in accordance with accepted standards of practice as outlined in this subsection. Such

certification shall be maintained by the Floodplain Administrator, as proposed in Article 4, Section C.

(3) Enclosures. New construction and substantial improvements, with fully enclosed areas

below the lowest floor that are usable solely for parking of vehicles, building access, or storage in an area

other than a basement and which are subject to flooding shall be designed to automatically equalize

hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for

meeting this requirement must either be certified by a registered Colorado Professional Engineer or

architect or meet or exceed the following minimum criteria:

(i) A minimum of two openings having a total net area of not less than one square

inch for every square foot of enclosed area subject to flooding shall be provided.

(ii) The bottom of all openings shall be no higher than one foot above grade.

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(iii) Openings may be equipped with screens, louvers, valves, or other coverings or

devices provided that they permit the automatic entry and exit of floodwaters.

(4) Manufactured homes. All manufactured homes that are placed or substantially improved

within Zones A1-30, AH, and AE on the community's FIRM on sites (i) outside of a manufactured home

park or subdivision, (ii) in a new manufactured home park or subdivision, (iii) in an expansion to an

existing manufactured home park or subdivision, or (iv) in an existing manufactured home park or

subdivision on which manufactured home has incurred "substantial damage" as a result of a flood, be

elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to

one foot above the base flood elevation and be securely anchored to an adequately anchored foundation

system to resist flotation, collapse, and lateral movement. For purposes of this subsection “expansion to

an existing manufactured home park or subdivision means the preparation of additional sites by the

construction of facilities for servicing the lots on which the manufactured homes are to be affixed

(including the installation of utilities, the construction of streets, and either final site grading or the

pouring of concrete pads).

All manufactured homes placed or substantially improved on sites in an existing manufactured

home park or subdivision within Zones A1-30, AH and AE on the community's FIRM that are not subject

to the provisions of the above paragraph, shall be elevated so that either:

(i) The lowest floor of the manufactured home is one foot above the base flood

elevation, or

(ii) The manufactured home chassis is supported by reinforced piers or other

foundation elements of at least equivalent strength that are no less than 36 inches in height above

grade and be securely anchored to an adequately anchored foundation system to resist flotation,

collapse, and lateral movement.

(5) Recreational vehicles. All recreational vehicles placed on sites within Zones A1-30, AH,

and AE on the community's FIRM either:

(i) Be on the site for fewer than 180 consecutive days,

(ii) Be fully licensed and ready for highway use, or

(iii) Meet the permit requirements of Section 16-11-150 and the elevation and

anchoring requirements for "manufactured homes" in subsection (4) above.

A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached

to the site only by quick disconnect type utilities and security devices, and has no permanently attached

additions.

(6) Prior approved activities. Any activity for which a Floodplain Development Permit was

issued by the City of Salida or a CLOMR was issued by FEMA prior to ______________, 2012 may be

completed according to the standards in place at the time of the permit or CLOMR issuance and will not

be considered in violation of this ordinance if it meets such standards.

16-11-190. Floodways.

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Floodways are administrative limits and tools used to regulate existing and future floodplain

development. The State of Colorado has adopted Floodway standards that are more stringent than the

FEMA minimum standard. Located within Special Flood Hazard Area established in Section 16-11-70

are areas designated as Floodways. Since the Floodway is an extremely hazardous area due to the velocity

of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions

shall apply:

(1) Encroachments are prohibited, including fill, new construction, substantial improvements

and other development within the adopted regulatory Floodway unless it has been demonstrated through

hydrologic and hydraulic analyses performed by a licensed Colorado Professional Engineer and in

accordance with standard engineering practice that the proposed encroachment would not result in any

increase (requires a No-Rise Certification) in flood levels within the community during the occurrence of

the base flood discharge.

(2) If subsection (1) is satisfied, all new construction and substantial improvements shall

comply with all applicable flood hazard reduction provisions of this Article.

(3) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood

Insurance Regulations, a community may permit encroachments within the adopted regulatory floodway

that would result in an increase in Base Flood Elevations, provided that the community first applies for a

CLOMR and floodway revision through FEMA.

16-11-200. Alteration of a watercourse.

For all proposed developments that alter a watercourse within a Special Flood Hazard Area, the

following standards apply:

(1) Channelization and flow diversion projects shall appropriately consider issues of

sediment transport, erosion, deposition, and channel migration and properly mitigate potential problems

through the project as well as upstream and downstream of any improvement activity. A detailed analysis

of sediment transport and overall channel stability should be considered, when appropriate, to assist in

determining the most appropriate design.

(2) Channelization and flow diversion projects shall evaluate the residual 100-year

floodplain.

(3) Any channelization or other stream alteration activity proposed by a project proponent

must be evaluated for its impact on the regulatory floodplain and be in compliance with all applicable

Federal, State and local floodplain rules, regulations and ordinances.

(4) Any stream alteration activity shall be designed and sealed by a registered Colorado

Professional Engineer or Certified Professional Hydrologist.

(5) All activities within the regulatory floodplain shall meet all applicable Federal, State and

City floodplain requirements and regulations.

(6) Within the Regulatory Floodway, stream alteration activities shall not be constructed

unless the project proponent demonstrates through a Floodway analysis and report, sealed by a registered

Colorado Professional Engineer, that there is not more than a 0.00-foot rise in the proposed conditions

compared to existing conditions Floodway resulting from the project, otherwise known as a No-Rise

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Certification, unless the community first applies for a CLOMR and Floodway revision in accordance with

Section 16-11-190 of this Article.

(7) Maintenance shall be required for any altered or relocated portions of watercourses so

that the flood-carrying capacity is not diminished.

16-11-210. Properties removed from the floodplain by fill.

A Floodplain Development Permit shall not be issued for the construction of a new structure or

addition to an existing structure on a property removed from the floodplain by the issuance of a FEMA

Letter of Map Revision Based on Fill (LOMR-F), with a lowest floor elevation placed below the Base

Flood Elevation with one foot of freeboard that existed prior to the placement of fill.

16-11-220. Standards for subdivision proposals.

(a) All subdivision proposals including the placement of manufactured home parks and

subdivisions shall be reasonably safe from flooding. If a subdivision or other development proposal is in

a flood-prone area, the proposal shall minimize flood damage.

(b) All proposals for the development of subdivisions including the placement of

manufactured home parks and subdivisions shall meet Floodplain Development Permit requirements of

Section 16-11-80; Section 16-11-150; and the provisions for flood hazard reduction (Sections 16-11-170

through 250) established by this Article.

(c) Base Flood Elevation data shall be generated for subdivision proposals and other

proposed development including the placement of manufactured home parks and subdivisions which is

greater than 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant to Section 16-11-70

or Section 16-11-140 of this Article.

(d) All subdivision proposals including the placement of manufactured home parks and

subdivisions shall have adequate drainage provided to reduce exposure to flood hazards.

(e) All subdivision proposals including the placement of manufactured home parks and

subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems

located and constructed to minimize or eliminate flood damage.

16-11-230. Standards for Critical Facilities.

A Critical Facility is a structure or related infrastructure, but not the land on which it is situated,

as specified in Rule 6 of the Rules and Regulations for Regulatory Floodplains in Colorado, that if

flooded may result in significant hazards to public health and safety or interrupt essential services and

operations for the community at any time before, during and after a flood. Critical Facilities are classified

under the following categories: (1) Essential Services; (2) Hazardous Materials; (3) At-risk Populations;

and (4) Vital to Restoring Normal Services. It is the responsibility of the {community governing body}

to identify and confirm that specific structures in their community meet the following criteria:

(1) Essential services facilities include public safety, emergency response, emergency

medical, designated emergency shelters, communications, public utility plant facilities, and transportation

lifelines. These facilities consist of:

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(i) Public safety (police stations, fire and rescue stations, emergency vehicle and

equipment storage, and, emergency operation centers);

(ii) Emergency medical (hospitals, ambulance service centers, urgent care centers

having emergency treatment functions, and non-ambulatory surgical structures but excluding

clinics, doctors’ offices, and non-urgent care medical structures that do not provide these

functions);

(iii) Designated emergency shelters;

(iv) Communications (main hubs for telephone, broadcasting equipment for cable

systems, satellite dish systems, cellular systems, television, radio, and other emergency warning

systems, but excluding towers, poles, lines, cables, and conduits);

(v) Public utility plant facilities for generation and distribution ( hubs, treatment

plants, substations and pumping stations for water, power and gas, but not including towers,

poles, power lines, buried pipelines, transmission lines, distribution lines, and service lines); and

(vi) Air Transportation lifelines (airports (municipal and larger), helicopter pads and

structures serving emergency functions, and associated infrastructure (aviation control towers, air

traffic control centers, and emergency equipment aircraft hangars).

Specific exemptions to this category include wastewater treatment plants (WWTP), non-potable

water treatment and distribution systems, and hydroelectric power generating plants and related

appurtenances.

Public utility plant facilities may be exempted if it can be demonstrated to the satisfaction of the

City Council that the facility is an element of a redundant system for which service will not be interrupted

during a flood. At a minimum, it shall be demonstrated that redundant facilities are available (either

owned by the same utility or available through an intergovernmental agreement or other contract) and

connected, the alternative facilities are either located outside of the 100-year floodplain or are compliant

with the provisions of this Article, and an operations plan is in effect that states how redundant systems

will provide service to the affected area in the event of a flood. Evidence of ongoing redundancy shall be

provided to the {community governing body} on an as-needed basis upon request.

(2) Hazardous materials.

(i) Hazardous materials facilities include facilities that produce or store highly

volatile, flammable, explosive, toxic and/or water-reactive materials. These facilities may

include:

a. Chemical and pharmaceutical plants (chemical plant, pharmaceutical

manufacturing);

b. Laboratories containing highly volatile, flammable, explosive, toxic

and/or water-reactive materials;

c. Refineries;

d. Hazardous waste storage and disposal sites; and

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e. Above ground gasoline or propane storage or sales centers.

Facilities shall be determined to be Critical Facilities if they produce or store materials in excess

of threshold limits. If the owner of a facility is required by the Occupational Safety and Health

Administration (OSHA) to keep a Material Safety Data Sheet (MSDS) on file for any chemicals stored or

used in the work place, AND the chemical(s) is stored in quantities equal to or greater than the Threshold

Planning Quantity (TPQ) for that chemical, then that facility shall be considered to be a Critical Facility.

The TPQ for these chemicals is: either 500 pounds or the TPQ listed (whichever is lower) for the 356

chemicals listed under 40 C.F.R. § 302 (2010), also known as Extremely Hazardous Substances (EHS); or

10,000 pounds for any other chemical. This threshold is consistent with the requirements for reportable

chemicals established by the Colorado Department of Health and Environment. OSHA requirements for

MSDS can be found in 29 C.F.R. § 1910 (2010). The Environmental Protection Agency (EPA) regulation

“Designation, Reportable Quantities, and Notification,” 40 C.F.R. § 302 (2010) and OSHA regulation

“Occupational Safety and Health Standards,” 29 C.F.R. § 1910 (2010) are incorporated herein by

reference and include the regulations in existence at the time of the promulgation this ordinance, but

exclude later amendments to or editions of the regulations

(ii) Specific exemptions to this category include:

a. Finished consumer products within retail centers and households

containing hazardous materials intended for household use, and agricultural products

intended for agricultural use.

b. Buildings and other structures containing hazardous materials for which

it can be demonstrated to the satisfaction of the local authority having jurisdiction by

hazard assessment and certification by a qualified professional (as determined by the

local jurisdiction having land use authority) that a release of the subject hazardous

material does not pose a major threat to the public.

c. Pharmaceutical sales, use, storage, and distribution centers that do not

manufacture pharmaceutical products.

These exemptions shall not apply to buildings or other structures that also function as Critical

Facilities under another category outlined in this Article.

(3) At-risk population facilities include medical care, congregate care, and schools. These

facilities consist of:

(i) Elder care ( nursing homes);

(ii) Congregate care serving 12 or more individuals ( day care and assisted living);

(iii) Public and private schools (pre-schools, K-12 schools), before-school and after-

school care serving 12 or more children);

(4) Facilities vital to restoring normal services including government operations. These

facilities consist of:

(i) Essential government operations (public records, courts, jails, building permitting

and inspection services, community administration and management, maintenance and equipment

centers);

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(ii) Essential structures for public colleges and universities (dormitories, offices, and

classrooms only).

These facilities may be exempted if it is demonstrated to the City Council that the facility is an

element of a redundant system for which service will not be interrupted during a flood. At a minimum, it

shall be demonstrated that redundant facilities are available (either owned by the same entity or available

through an intergovernmental agreement or other contract), the alternative facilities are either located

outside of the 100-year floodplain or are compliant with this Article, and an operations plan is in effect

that states how redundant facilities will provide service to the affected area in the event of a flood.

Evidence of ongoing redundancy shall be provided to the City Council on an as-needed basis upon

request.

16-11-240. Protection for Critical Facilities.

All new and substantially improved Critical Facilities and new additions to Critical Facilities

located within the Special Flood Hazard Area shall be regulated to a higher standard than structures not

determined to be Critical Facilities. For the purposes of this Article, protection shall include one of the

following:

(1) Location outside the Special Flood Hazard Area; or

(2) Elevation or floodproofing of the structure to at least two feet above the Base Flood

Elevation.

16-11-250. Ingress and egress for new Critical Facilities.

New Critical Facilities shall, when practicable as determined by the City Council, have

continuous non-inundated access (ingress and egress for evacuation and emergency services) during

a100-year flood event.

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ARTICLE XII

Historic Preservation

Sec. 16-12-10. Purpose.

The purpose of this Article is to:

(1) Effect and accomplish the protection, preservation, enhancement and

perpetuation of historic buildings, sites, structures and neighborhoods which capture,

exemplify and reflect the City's cultural, social, architectural and economic history and

character.

(2) Promote high standards of building design and preservation in historic

neighborhoods for the purpose of protecting and perpetuating an atmosphere reflective of

and consistent with the historic character and past of the City.

(3) Promote and maintain the attractiveness and use of historic buildings, sites,

structures and neighborhoods for the benefit and enjoyment of City residents, tourists and

visitors, and enhance and strengthen business and the economy of the City. (Ord. 03, 2002

§9-20-1; Ord. 2005-07 §1)

Sec. 16-12-20. Establishment of Salida Downtown Historic District Overlay.

(a) Established. There hereby is created and established the Salida Downtown Historic

District Overlay for the purpose of protecting, preserving, stabilizing, enhancing and perpetuating

the buildings, sites, structures and character of the City's original historic downtown area, and

which shall contain and be comprised of all that area falling within the boundaries of the Salida

Downtown Historic District established and identified by the National Park Service of the U.S.

Department of the Interior. All areas within the district shall remain subject to the City's zoning,

subdivision and building regulations, in addition to the regulations contained within this Article.

(b) District Map. There is hereby approved and adopted the City of Salida Downtown

Historic District Map, dated 1983 and amended in 2003, defining and illustrating the

geographical boundaries of the historic district. Not less than one (1) copy of the map shall at all

times be maintained and available in the office of the City Clerk for public inspection during

regular business hours. Copies of the map may be ordered for purchase by interested persons at

such cost as deemed necessary and reasonable by the City Clerk. (Ord. 03, 2002 §9-20-2; Ord.

2005-07 §1)

Sec. 16-12-30. Establishment of Local Historic Landmark Overlay.

(a) Established. There hereby is created and established the Local Historic Landmark

Overlay for the purpose of protecting, preserving, stabilizing, enhancing and perpetuating

individual historic buildings, sites and structures that exemplify the history of the City. All areas

within the Overlay shall remain subject to the City's zoning, subdivision and building regulations,

in addition to the regulations contained within this Chapter.

(b) District Map. The Overlay shall apply to individual properties that meet the

designation criteria of this Chapter and may be located anywhere within the City. Upon approval

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of a designation ordinance, the Administrator shall place the amendment on the Official Zoning

Map.

(c) Local Landmarks. The following properties have been designated as local historic

landmarks and are included in the Local Historic Landmark Overlay:

(1) Salida Opera House. The site includes that area described as Lots 5, 6 and 7,

Block 21, Sackett's Addition, City of Salida.

(2) Denver and Rio Grande Railroad Hospital. The site includes the original 1904

Denver & Rio Grande Railroad Hospital building only (which is part of the larger,

contiguous, nonhistoric hospital building complex), which structure can easily be identified

as that part of the current complex under the red toile roof; plus land directly in front of the

original 1904 structure extending approximately south thirty-four (34) feet and nine (9)

inches to the sidewalk along First Street; plus land to the approximate east side of the

original 1904 structure extending approximately one hundred two (102) feet and eight (8)

inches to the edge of the sidewalk and including the wall structure currently in existence,

the east fountain and statue in the center of the east fountain; plus land adjacent to, and in

some cases beneath attached buildings, to the approximate north and west of the 1904

structure and extending approximately five (5) feet and no inches in each direction from

the 1904 structure. (Ord. 2006-14 §3; Ord. 2007-02 §1)

Sec. 16-12-40. Designation of local historic districts and landmarks; procedure.

(a) Procedure. A local historic district or landmark may be designated by the submission

of a nomination petition. The petition shall follow the stages of the City Land Development

Process outlined below. No building permit, demolition permit or other permit required to

undertake an external improvement or alteration on any lot, building, structure or site under

consideration for designation or within an area under consideration for designation as a historic

district shall be processed, issued or allowed pending the final processing and determination of

the historic district or landmark designation petition by the City Council.

(1) Preapplication Conference. Attendance at a preapplication conference is

recommended for an applicant intending to submit a nomination petition to establish a

historic district or landmark.

(2) Submit Application. The applicant shall submit a complete application to the

Administrator containing those materials listed in Subsection (b) below, Application

Contents. Applications for the establishment of a historic district or landmark may be

initiated by any resident within the City, any property owner owning the proposed

landmark or any property owner owning property within the proposed district, or upon the

initiative of the Historic Preservation Commission (HPC), Planning Commission or City

Council.

(3) Staff Review. The Administrator shall review the application to determine

whether it is complete. Upon determination of the application being complete, the

Administrator and one (1) member of the HPC shall contact the owners of the proposed

landmark or historic district outlining the reasons and effects of designation and, if

possible, secure the consent of the owners to such designation. The Administrator shall

forward a report to the HPC, which summarizes the application's compliance with the

review standards contained in Section 16-12-50, Historic Districts and Landmarks

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Designation Review Standards, and other applicable provisions of this Code. The

technical comments and professional recommendations of other agencies, organizations

and consultants shall be solicited in drafting the report, as necessary.

(4) Action by Administrator. The Administrator or his or her designee shall conduct

a public meeting with the HPC to review the conformance of the nomination application

with all applicable provisions of this Chapter. If the Administrator or his or her designee

finds that the application is in conformance, it shall make a recommendation that the City

Council approve the application. The Administrator or his or her designee shall make

written findings and recommendations concerning the merits of the petition and forward

the same on to the City Council.

(5) Public Notice by City Council. Public notice that a nomination for establishment

of a historic district or landmark is being considered by the City Council shall be provided

as specified Section 16-2-30. Such notice shall contain a name for the new district or

landmark and accurately describe the district’s or landmark’s proposed geographical

boundaries. Additionally, written notice of the public hearing shall be mailed via certified

mail to all of the owners or record, as reflected by the records of the County Assessor, of

all of the property included to be designated. Mailing shall be accomplished fifteen (15)

days prior to the hearing.

(6) Public Action by Council. The City Council shall thereafter conduct a public

hearing on the petition preceded by timely published notice in the form described above.

A determination by the City Council to establish a historic district or landmark shall be

made by written ordinance that shall, at a minimum, contain an accurate description of the

district's or landmark's geographical boundaries and be accompanied by an accurate map

depicting the boundaries as finally determined by the City Council and a statement of

findings supporting the granting or denial of landmark designation status. Attendance by

the owner at the City Council meeting shall not, at the owner's option, be required, but

shall be strongly recommended. A copy of the ordinance shall be promptly sent by

certified mail, return receipt requested, or personally delivered to the owner of the subject

property.

a. Designation of a landmark with a nonconsenting owner. If a property

owner does not consent to the review, approval shall require the assent of at least five

(5) of the six (6) City Council members. The basis for approval shall be that the

property has overwhelming historic importance to the entire community. The term

overwhelming significance shall, for the purposes of this Section, encompass the

following: possessing such unusual or uncommon significance that the structure's

potential demolition or major alteration would diminish the character and sense of

place in the community of Salida.

(7) Actions Following Approval.

a. Recordation. The ordinance shall be promptly published in a newspaper of

general circulation within the City or a certified copy of the same, inclusive of the

final approved district map, shall be recorded in the real property records of the

County Clerk and Recorder.

b. Copies. The final approved ordinance shall be maintained in the office of

the City Clerk.

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(b) Application Contents. An application for designation of an historic district or

landmark shall contain the following information.

(1) General Development Application.

(2) Geographic Boundaries.

a. Map. An adequate description of the geographical boundaries of the

proposed district or landmark and a map accurately defining the boundaries of the

proposed district or landmark.

b. Name. A proposed name for the proposed historic district or landmark.

(Ord. 03, 2002 §9-20-3; Ord. 01, 2005 §1; Ord. 2005-07 §1)

Sec. 16-12-50. Historic district and landmark designation review standards.

In determining whether a historic district or landmark shall be established, one (1) or more

of the following criteria shall be satisfied:

(1) Historic District.

a. Whether the proposed district contains and is defined by a certain style of

buildings, sites, structures and/or appearance associated with a significant period,

person, event or architectural style in the City's past.

b. Whether the buildings, sites, structures and/or appearance of the proposed

district possess historical and/or architectural significance which identifies or

differentiates the district from surrounding areas, and/or whether allowing variations

or changes thereto would harm the unique historic character or value of the buildings,

sites and structures within the district.

c. At least fifty-one percent (51%) of the property owners in the desired

district must not object to the designation. A survey of support for the creation of the

district must be solicited via certified mail, with each property owner in the proposed

district permitted one (1) response. A lack of response will not be considered either an

affirmation of support or a negative response to the creation of the district. Certified

mailings must be sent at least thirty (30) days prior to action by the City Council, with

responses due at least fifteen (15) days prior to action by the City Council.

(2) Landmark.

a. Exemplary property. The subject property exemplifies or reflects the City's

cultural, social, economic, political, engineering or architectural history.

b. Historic significance. The subject property is identified with a historically

important person or persons, or with an important event in the history of the City,

region, State or Nation.

c. Architectural significance. The subject property embodies the

distinguishing characteristics of an architectural style, type or specimen valuable for

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the study of a period, type or method of construction, or the use of indigenous

materials or craftsmanship.

d. Noted designer. The subject property is representative of the work of a

notable or master architect, builder, engineer or designer whose work influenced

architecture, building, design or development in the City, region, State or Nation.

e. Archeological importance. The subject property contains or reflects

significant archeological importance.

f. Contributing building or structure. The subject property has been listed as

a contributing building or structure within a historic district or nominated for inclusion

and/or listed on the National Register of Historic Places or the State Inventory of

Historic Places. (Ord. 03, 2002 §9-20-4; Ord. 01, 2005 §1; Ord. 2005-07 §1)

Sec. 16-12-60. Activities subject to review and certificate of approval with regard to

landmarks or within historic districts.

Unless otherwise specifically provided for in this Article, no person may or shall engage

in, or allow or direct others to engage in, any of the following activities within a historic district

or on a landmarked building structure or site without first applying for and obtaining a certificate

of approval as outlined in Section 16-12-80 below.

(1) The construction, erection, demolition, moving, exterior alteration or relocation

of or exterior addition to any building or structure.

(2) The exterior renovation, rehabilitation, reconstruction, repair or remodeling of

any building or structure, excepting ordinary maintenance and/or repair.

(3) The removal, modification, reconstruction, covering up or destruction of an

exterior architectural feature.

(4) The cleaning of an exterior surface of a contributing or landmark building or

structure by sandblasting, high-pressure spraying or other chemical or mechanical means

which could cause physical damage to the building or structure.

(5) The construction of public or private improvements upon public property by any

person or unit of government which alters the layout, design or character of a street, alley,

sidewalk, pedestrian way, right-of-way, utility installation, street light, wall or fence.

(6) The application of any sealant, paint, stucco, texture or other material that would

conceal, alter or damage the exterior of any contributing or landmark building with an

existing unfinished or unpainted brick, masonry or other unfinished siding or structural

element. (Ord. 03, 2002 §9-20-8; Ord. 01, 2005 §1; Ord. 2005-07 §1)

Sec. 16-12-70. Demolition or relocation of buildings, structures or sites.

Consistent with the purposes of this Article, it is the intent of this Section to preserve the

historic districts and historical and architectural resources of the City through limitations on the

demolition and relocation of landmark and contributing buildings, structures or sites to the

maximum extent feasible, and to regulate the demolition and relocation of nonlandmark and

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noncontributing structures within historic districts. The demolition and/or relocation of landmark

and contributing buildings, structures and sites are to be discouraged in favor of preservation,

renovation, adaptive reuse or relocation within a historic district. Notwithstanding the foregoing,

it is recognized that structural deterioration, economic hardship and other factors not within the

control of a property owner may cause or require the demolition or relocation of a landmark or

contributing building, structure or site.

(1) Certificate of Approval Required. No landmark or contributing building,

structure or site, and no building, structure or site within a historic district, may be

demolished or relocated without first having been approved through the issuance of a

certificate of approval as outlined in Section 16-12-80 below.

(2) Major Activity. An application for a certificate of approval to demolish a

landmark or contributing building, structure or site, or a building, structure or site within a

historic district, shall be considered a substantial or major activity.

(3) Demolition by Neglect Prohibited. No owner or person occupying or using a

landmark or contributing building, structure or site shall allow or cause the demolition,

destruction, damage or deterioration of such building, structure or site by neglect. (Ord.

03, 2002 §9-20-9; Ord. 01, 2005 §1; Ord. 2005-07 §1)

Sec. 16-12-80. Certificates of approval; procedure.

(a) No building permit for work or activity requiring a certificate of approval shall be

valid or issued by the Building Official absent the receipt by the official of the necessary

certificate of approval ("CA"). Conversely, the issuance of a CA shall not relieve an applicant

from having to obtain any and all other permits or approvals for the subject work or activity as

may be required under the City's zoning, subdivision, building or other life/safety codes.

(b) Certificates of approval may be made subject to such terms, conditions or limitations

as determined necessary to protect and preserve the structural, aesthetic and/or historic integrity

and value of the building, structure or site to which it pertains. A CA shall not constitute a site-

specific development plan or vested property right and, unless acted upon in a substantial fashion

or otherwise specifically authorized and provided for in the permit, shall automatically expire one

(1) year from its date of issuance, unless extended by order of the Administrator or his or her

designee.

(1) Procedure. Applications for a CA shall follow the stages of the land

development process outlined below:

a. Preapplication conference. Attendance at a preapplication conference is

recommended for an applicant intending to submit an application for a CA.

b. Application submittal. The applicant shall submit a complete application

to the Administrator containing those materials listed in Subsection 16-18-80(b)(2)

below.

c. Staff review. The Administrator or his or her designee shall review the

application to determine whether it is complete. The Administrator or his or her

designee shall compose a report which summarizes the application's compliance with

the review standards contained in Section 16-12-90 below, and other applicable

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provisions of this Chapter. The technical comments and professional

recommendations of other agencies, organizations and consultants shall be solicited in

drafting the report, as necessary.

e. Action by Administrator or his or her designee.

1. Minor activity. An application regarding minor activity shall be

reviewed and ruled upon by the Community Development Director within ten

(10) business days from the date the application was deemed complete. If it is

determined that the application pertains to minor activity only or to activity that

will not detrimentally impact or influence the historic integrity and/or

appearance of a landmark or designated historic district, a CA shall be issued

authorizing the activity. If it is determined that the application pertains to

major activity, it shall be referred to the major activity procedure.

2. Major activity. An application regarding major activity shall be

reviewed by the HPC and ruled upon by the Administrator or his or her

designee at a regular or special meeting to be conducted within twenty (20)

days from the date the application was determined complete. Written notice of

the date, time and location of the meeting shall be mailed by regular mail or

personally delivered to the applicant not less than five (5) days prior to the

meeting. The unexcused absence of the applicant from the meeting shall cause

the Administrator or his or her designee to deny the application or, at the

Administrator or his or her designee's option, continue the matter to a later

meeting date of its choosing.

f. Actions following approval. A copy of each approved certificate of

approval shall be transmitted by the Administrator to the Building Official promptly

upon its issuance.

(2) Application Contents. An application for a Certificate of Approval shall contain

the following information:

a. Minimum contents. The minimum contents for all applications specified

in Subsection 16-12-40(b) of this Chapter.

b. Photographs. All applications shall be accompanied by photographs

reasonably and accurately depicting the current status of the building, structure or

site, or that portion thereof, subject to the application. Include photographs showing

all sides of the structure, particularly the front and any side affected by the proposed

project and detailed photographs of the features affected by the project.

c. Drawing Format: Drawings shall be large enough so that all information is

legible but no smaller than 11” x 17”. Sketch drawings are acceptable if they provide

accurate information and are reasonable drawn to scale.

d. Dimensioned Site Plan: Site plan showing street locations, existing

structure and proposed new elements or structures.

e. Dimensioned Floor Plan(s): Floor plans showing existing structures and

proposed new elements or structures.

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f. Dimensioned Roof Plan: Roof plan showing proposed new roof elements

in context of the existing roof.

g. Dimensioned Exterior Elevations: Exterior elevations showing appearance

of proposed project with all materials and indicating finishes.

h. Building Sections and Construction Details: Sections and details as

required adequately explaining and clarifying the project. Note all materials and

finishes.

i. Specification of Materials: Manufacturer’s product literature and material

samples. Product literature is required for replacement windows.

j. Bids: If proposing to replace existing historic materials or features with

replicas rather than repair or restore, firm bids must be provided for both restoration

and replication.

k. Window Replacement: If proposing to replace historic windows (aside

from wooden replica sash replacement) justification shall be provided as outlined in

National Park Service Preservation Brief #9. Submittal must include written

assessment of condition of existing windows.

l. New Construction shall include the following information:

1. Block Site Plan: A site plan or aerial photograph

showing relationship of proposed structure to existing structures.

2. Written Statement: A written statement of the design

philosophy and building program.

3. Massing Model: A massing model illustrating the

relationship between the new structure(s) and existing building(s) on the

project site and adjacent lots.

4. Photographs: Photographs of the surrounding structures

including both block faces and side streets.

m. Demolition or relocation of a building, structure or site shall include the

following:

1. A detailed description of the reasons supporting or

justifying the proposed demolition or relocation, including a delineation

and explanation of all economic data where economic hardship or other

economic cause is given as a reason for the proposed demolition or

relocation.

2. A detailed development or redevelopment plan for the

demolition and/or receiving relocation site and a schedule for completion

of the work.

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3. Elevations, building sections, construction details,

specifications and massing model of proposed replacement structure

similar to those required for new construction.

4. For landmark or contributing structures the applicant

must submit a report prepared by an architect, appraiser, engineer or

other qualified person experienced in the rehabilitation, renovation

and/or restoration of historic buildings, structures or sites addressing:

a) The structural soundness of the building, structure

or site and its suitability for rehabilitation, renovation,

restoration or relocation.

b) The economic and structural/engineering

feasibility of the rehabilitation, renovation and/or restoration

of the building, structure or site at its current location.

c) The economic and structural/engineering

feasibility of relocating the building, structure or site.

Sec. 16-12-90. Certificates of approval; review standards.

(a) Historic Landmark and/or Contributing Buildings, Structures or Sites. All work

performed in completion of an approved certificate of approval shall be in conformance with the

most recent edition of the Secretary of Interior's Standards for the Treatment of Historic

Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic

Buildings, published by the U.S. Department of the Interior, National Park Service, Cultural

Resource Stewardship and Partnerships, Heritage Preservation Services, Washington, D.C.

(available for review at the Community Development Department).

(b) Supplemental Guidelines. The Administrator or his or her designee with advice from

the HPC may, subject to final approval by the City Council, devise, adopt, publish and implement

design guidelines to supplement the criteria set forth in this Section for the review, evaluation and

approval of certificates of approval. Upon their approval by the City Council, said guidelines

shall be enforced and have the same effect and authority as if fully set forth in this Section, and

violations thereof shall be subject to the same penalties for violations of any other section

contained in this Article. In addition, the following minimum criteria will be applied in

reviewing and evaluating an application for a CA with respect to a historic landmark or

contributing building, structure or site:

(1) Architectural Character. Whether and/or to what extent the proposed work will

preserve, protect, change, diminish, disguise, obscure, detract from or destroy the

appearance or structural integrity of the historic features, design, materials, character or

value of the structure or site.

(2) Original Materials. Whether original designs, materials, finishes and

construction techniques that characterize the historic value and appearance of a structure or

site can be retained, restored or repaired as opposed to replaced, and whether replacement

designs, materials or finishes can match and/or accurately replicate the originals.

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(3) Minimum Change. Whether and/or to what extent the proposed work will

require more than a minimal change to the historic appearance, materials or integrity of the

structure or site.

(4) New Construction. New additions, exterior alterations and related work shall not

destroy or detract from the existing historic structure and materials to the maximum extent

feasible, and such new work or alterations shall be differentiated from, but compatible

with, the existing size, scale and exterior architectural features of the structure or site so as

to protect its historic identity and integrity.

(5) Historic Appearance. Work that will protect or return the original historic

appearance of a structure or site, especially where documented by photographs, historic

research or other credible evidence, shall be encouraged and favored.

(6) Work Necessary. Whether the proposed work is required or necessary to comply

with a building, fire or other health/safety code.

(c) Activities Within Designated Historic Districts. The following minimum criteria will

be applied in reviewing and evaluating an application for a CA with respect to a nonlandmark or

noncontributing building, structure or site within a designated historic district.

(1) Enhance District. Whether and/or to what extent the proposed work will enhance

and advance the purposes and intent underlying the establishment of the district.

(2) Overall Character. New structures and additions to, or the exterior repair or

alteration of, existing nonlandmark and noncontributing structures shall be compatible with

the historic architectural character, scale, shapes, sizes, heights, facades and materials

predominant in the district to the maximum extent feasible.

(3) Specific Compatibility. New structures and additions to, or the exterior repair or

alteration of, existing nonlandmark and noncontributing structures shall specifically

harmonize with neighboring landmark and/or contributing structures or sites with regard to

height, scale, shape, size, facade, materials, setback, landscaping and exterior architectural

features to the maximum extent feasible.

(4) Work Necessary. Whether the proposed work is required or necessary to comply

with a building, fire or other health/safety code.

(d) Demolition or Relocation of a Landmark or a Building, Structure or Site Within a

Historic District. The following criteria shall be used in determining whether a certificate of

approval should be issued for the demolition or relocation of a landmark or a building, structure

or site within a historic district:

(1) The historic, social or architectural significance of the building, structure or site.

(2) The structural soundness and safety of the building, structure or site.

(3) In the case of a landmark or contributing building, structure or site, whether the

same can be rehabilitated, renovated or restored at its current location as part of an

economically feasible and beneficial use of the property.

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(4) In the case of a landmark or contributing building, structure or site, whether the

same has been properly maintained and/or been subject to disrepair, deterioration and/or

demolition by neglect.

(5) In the case of a landmark or contributing building, structure or site, whether the

same can be relocated to a historically appropriate alternative location in a manner that will

protect and insure its structural integrity.

(6) The impacts of the proposed demolition or relocation of the building, structure or

site, and the planned redevelopment of the site, on the historical character of the existing

neighborhood.

Sec. 16-12-100. Exempt activity.

A CA shall not be required for the interior alteration, renovation, repair, reconstruction or

rehabilitation of a landmark or contributing building or structure, or for any other building or

structure within a historic district. Similarly, a CA shall not be required to undertake ordinary

exterior maintenance and/or repair if such work involves and is carried out using materials and

elements identical in appearance to the materials and elements being repaired or worked on, and

such maintenance and/or repair does not substantially alter the appearance, composition or texture

of the exterior appearance, feature or surface of the building or structure. (Ord. 03, 2002 §9-20-

12; Ord. 01, 2005 §1; Ord. 2005-07 §1)

Sec. 16-12-110. Exceptions.

Nothing in this Article shall prohibit the issuance of orders or correction notices, or the

implementation of emergency enforcement actions, authorized by law for the purpose of

correcting or abating conditions relative to any landmark, contributing or other building, structure

or site determined to be dangerous to life, health or property in accordance with building and/or

life and safety codes duly adopted by the City, and/or such other governing authority with

jurisdiction, including, when deemed necessary, the demolition or partial demolition of a building

or structure. However, when the need for emergency action is not present, all work or activity

normally subject to the provisions and procedures contained in this Article shall be undertaken

and performed in compliance therewith. (Ord. 03, 2002 §9-20-13; Ord. 01, 2005 §1; Ord. 2005-

07 §1)

Sec. 16-12-120. Removal of landmark, contributing or historic district designation.

(a) Finding by City Council required. The removal of a landmark or contributing

designation for any building, structure or site, or the removal of the designation of a district as a

historic district, shall only be approved upon a finding by the City Council after a noticed public

hearing that the building, structure, site or district no longer satisfies the eligibility criteria for

landmark, contributing or historic district status, and that it would be in the public interest and

welfare to remove or rescind such designation.

(b) Procedure. The procedures contained in Section 16-12-50 above with regard to the

designation of landmark, contributing or historic buildings, structures, sites or districts,

respectively, shall be followed in applying for and processing a petition for the removal or

rescission of such a designation. Notwithstanding the foregoing, no landmark or other historic

designation awarded to any building, structure, site or district by the United States Department of

the Interior and/or the State, respectively, shall be removed, rescinded or modified except in

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accordance with the procedures and standards established by said governmental authority. (Ord.

03, 2002 §9-20-14; Ord. 2005-07 §1)

Sec. 16-12-130. Violations and penalties.

(a) Violation of the provisions of this Chapter shall be punishable as set forth in Chapter 1

Article IV of this Code. Additionally, each separate violation and each day any violation

continues shall constitute a separate offense and be subject to the penalties specified in this

Section.

(b) Any development, activity, facility or structure which is continued, operated or

maintained in violation of the provisions of this Article, or the terms and conditions of a CA or

any other permit, shall be subject to injunction, abatement and/or other appropriate legal remedy

as may be sought and obtained by the City, in which event the City shall be entitled to recover its

reasonable costs and attorney fees from the offending party or parties.

(c) All penalties and remedies for violations of the provisions of this Article shall be

nonexclusive and cumulative, and the City's pursuit and/or exercise of one (1) remedy or penalty

shall not foreclose or prohibit the pursuit and exercise of alternative or other remedies. (Ord. 03,

2002 §9-20-15; Ord. 01, 2005 §1; Ord. 2005-07 §1)

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CHAPTER 18

Building Regulations

Article I Building Code

Sec. 18-1-10 Adoption Sec. 18-1-20 Copy on file Sec. 18-1-30 Amendments Sec. 18-1-40 Violations; penalties

Article II Residential Code

Sec. 18-2-10 Adoption Sec. 18-2-20 Copy on file Sec. 18-2-30 Amendments Sec. 18-2-40 Violations; penalties

Article III Fire Code

Sec. 18-3-10 Adoption Sec. 18-3-20 Copy on file Sec. 18-3-30 Amendments Sec. 18-3-40 Enforcement Sec. 18-3-50 Violations; penalties Sec. 18-3-60 Establishing limits

Article IV Existing Building Code

Sec. 18-4-10 Adoption Sec. 18-4-20 Copy on file Sec. 18-4-30 Amendments Sec. 18-4-40 Violations; penalties

Article V Plumbing Code

Sec. 18-5-10 Adoption Sec. 18-5-20 Copy on file Sec. 18-5-30 Amendments Sec. 18-5-40 Violations; penalties

Article VI Mechanical Code

Sec. 18-6-10 Adoption Sec. 18-6-20 Copy on file Sec. 18-6-30 Amendments Sec. 18-6-40 Violations; penalties

Article VII Electrical Code

Sec. 18-7-10 Adoption Sec. 18-7-20 Copy on file Sec. 18-7-30 Amendments Sec. 18-7-40 Violations; penalties

Article VIII Appeals Process

Sec. 18-8-10 Appeal Sec. 18-8-20 Appeal contents Sec. 18-8-30 Actions following receipt of appeal Sec. 18-8-40 Notice Sec. 18-8-50 Decision by appeal body

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Typewritten Text
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Article IX Enforcement

Sec. 18-9-10 Civil enforcement Sec. 18-9-20 Enforcement as nuisance Sec. 18-9-30 Remedies not exclusive

Article X Board of Appeals

Sec. 18-10-10 Establishment Sec. 18-10-20 Membership and organization Sec. 18-10-30 Terms Sec. 18-10-40 Vacancies Sec. 18-10-50 Removal from office Sec. 18-10-60 Meetings Sec. 18-10-70 Rules of procedure Sec. 18-10-80 Minutes Sec. 18-10-90 Special meetings Sec. 18-10-100 Powers and duties

Article XI House Numbers

Sec. 18-11-10 Numbers required; placement Sec. 18-11-20 Method of numbering houses Sec. 18-11-30 Size of numbers Sec. 18-11-40 Administration of provisions Sec. 18-11-50 Application of provisions Sec. 18-11-60 Penalties

Article XII Fuel Gas Code

Sec. 18-12-10 Adoption Sec. 18-12-20 Copy on file Sec. 18-12-30 Amendments Sec. 18-12-40 Violations; penalties

Article XIII Energy Conservation Code

Sec. 18-13-10 Adoption Sec. 18-13-20 Copy on file Sec. 18-13-30 Amendments Sec. 18-13-40 Violations; penalties

Article XIV Property Maintenance Code

Sec. 18-14-10 Adoption Sec. 18-14-20 Copy on file Sec. 18-14-30 Amendments Sec. 18-14-40 Violations; penalties

Article XV Building Permit Administration Sec. 18-15-10 Inspection and supervision Sec. 18-15-20 Fees Sec. 18-15-30 Building permit effective periods and extensions Sec. 18-15-40 Notice of building permit expirations Sec. 18-15-50 Modification and forms Sec. 18-15-60 Appeals

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ARTICLE I

Building Code

Sec. 18-1-10. Adoption.

Pursuant to Title 31, Article 16, Part 2, C.R.S., there is hereby adopted by reference Chapters 1 through 35 and Appendix I of the International Building Code (IBC), 2006 Edition, published by the International Code Council, 500 New Jersey Avenue, NW, 6th Floor, Washington, DC 20001-2070, to have the same force and effect as if set forth herein in every particular. The subject matter of the adopted code includes comprehensive provisions and standards regulating the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use and the demolition of such structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Building Code as amended in Section 18-1-30 below. (Prior code 8-1-1; Ord. 2002-10; Ord. 01, 2005 §1; Ord. 2007-14 §1)

Sec. 18-1-20. Copy on file.

At least one (1) copy of the International Building Code has been and is now on file in the office of the City Clerk and may be inspected by any interested person between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, holidays excepted. The code as finally adopted shall be available for sale to the public through the office of the Building Official. (Ord. 01, 2005 §1; Ord. 2007-14 §1)

Sec. 18-1-30. Amendments.

The code adopted herein is hereby modified by the following amendments:

(1) Section 101.1 is amended to read:

"101.1 Title. These regulations shall be known as the Building Code of the City of Salida, hereinafter referred to as 'this code.' "

(2) Section 101.4.1 is amended to read:

"101.4.1 Electrical. The provisions of National Electrical Code, 2005 Edition, ('NEC'), as adopted, shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto. For structures built under the provisions of the International Residential Code, the requirements of Part VIII – Electrical shall be equivalent to the NEC. Any references in this code to the ICC Electrical Code shall instead refer to the 2005 NEC."

(3) Section 101.4.4 is amended to read:

"101.4.4 Plumbing. The provisions of the International Plumbing Code shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage

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system and all aspects of a medical gas system. The provisions of the Chaffee County On-site Wastewater Treatment System Regulations shall apply to private sewage disposal systems."

(4) Section 102.4 is amended to read:

"102.4 Referenced codes and standards. The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and adopted codes and standards, the provision of the adopted code shall apply. Reference to other codes such as electrical, gas, mechanical, plumbing, property maintenance, fire prevention, energy and existing buildings shall refer only to the currently adopted code of that type."

(5) Section 105.1 is amended to read:

"105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit. A permit application shall not be accepted unless it includes the appropriate approval from agencies or departments governing zoning, fire protection, water supply, wastewater treatment, drainage and access."

(6) Section 105.1.1, Annual permit, is deleted.

(7) Section 105.1.2, Annual permit records, is deleted.

(8) Section 106.2 is amended to read:

"106.2 Site plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed finished grades; and it shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The site plan also must include location of utilities, private wells, individual sewage disposal systems, ditches, streams, rivers, lakes, slopes steeper than thirty (30) degrees, drainages, access locations, bridges and road grades. The Building Official is authorized to waive or modify the requirement for a site plan when the application is for alteration or repair or otherwise warranted."

(9) Section 106.3.2, Previous approvals, is deleted.

(10) Section 108.3 is deleted and replaced with the following language:

"108.3 Building permit valuations. Building permit valuations shall be established using the procedures outlined in Resolutions 2006-28 and 2006-39 as amended from time to time."

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(11) The first paragraph of Section 110.2 is amended to read:

"110.2 Certificate issued. In order to ensure that a building or structure is in compliance with applicable municipal codes, no certificate of occupancy shall be issued or valid without prior review and approval of the City's Fire, Public Works, Utility and Planning Departments. Thereafter, and after the Building Official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the department or building safety, the Building Official shall issue a certificate of occupancy that contains the following:"

(12) Section 110.3 is amended to read:

"110.3 Temporary occupancy. The Building Official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely as determined by the Building Official and the City's Fire, Public Works and Planning Departments. The Building Official, with the consensus of the City's Fire, Public Works and Planning Departments, shall set a time period during which the temporary certificate of occupancy is valid."

(13) Section 110.4 is amended to read:

"110.4 Revocation. The Building Official is authorized to, in writing, suspend or revoke a certificate of occupancy or completion issued under the provisions of this code wherever the certificate is issued in error or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code. A suspension or revocation may be initiated at the request of the City's Fire, Public Works or Planning Departments."

(14) Section 112 is amended to read:

"Section 112 Board of Appeals. All appeals to this code shall be made to the City of Salida Board of Appeals. The appeals process is described in Section 18-8-10 of the Salida Municipal Code."

(15) Section 202, Definitions, is amended by the addition of the following definitions that shall replace or supersede conflicting definitions therein:

"Design Professional. A Colorado State-licensed Architect or Engineer.

"Townhouse. A single-family dwelling constructed in a group of two or more attached units in which each unit extends from the foundation to the roof and with open space on at least two sides. A legal property line shall separate the units along the common walls."

(16) Section 901.1 is amended to read:

"901.1 Scope. The provisions of this Chapter shall specify where fire protection systems are required. The design, installation and operation of fire protection systems must be in compliance with Colorado state law."

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(17) Section 901.2, Exception, is amended to read:

"Exception: Any fire protection system or portion thereof not required by this code shall be permitted to be installed for partial or complete protection, provided that such system meets the requirements of the fire official having jurisdiction."

(18) Section 1608.2 is amended to read:

"1608.2 Ground snow loads. The design snow loads for roofs shall be 40 pounds per square foot."

(19) Section 1609.3, Basic wind speed, is amended to read:

"1609.3 Basic wind speed. The basic wind speed, in mph, for the determination of the wind loads shall be determined by Figure 1609. Basic wind speed for the special wind regions indicated, near mountainous terrain and near gorges, shall be in accordance with local jurisdiction requirements. Basic wind speeds determined by the local jurisdiction shall be 90 mph for a three-second gust."

(20) Section 1805.2.1 is deleted and replaced with the following:

"1805.2.1 Frost protection. Depth of footing for frost protection shall be governed by Chaffee County Minimum Footing/Foundation Requirements. Such frost protection requirements shall be adopted by resolution of the City Council and may be amended from time to time."

(21) Section 2701.1 is amended to read:

"2701.1 Scope. This Chapter governs the electrical components, equipment and systems used in buildings and structures covered by this code. Electrical components, equipment and systems shall be designed and constructed in accordance with the provisions of the 2005 National Electrical Code."

(22) Section 3410.2 is amended to read:

"3410.2 Applicability. Structures existing prior to the effective date of adoption of building codes within the jurisdiction, in which there is work involving additions, alterations or changes of occupancy, shall be made to conform with the requirements of this section or the provisions of Sections 3403 through 3407. The provisions in Sections 3410.2.1 through 3410.2.5 shall apply to existing occupancies that will continue to be, or are proposed to be, in Groups A, B, E, F, M, R, S and U. These provisions shall not apply to buildings with occupancies in Group H or I."

(Prior code 8-1-1; Ord. 2000-14 §1; Ord. 2002-10; Ord. 01, 2005 §1; Ord. 2007-14 §1)

Sec. 18-1-40. Violations, penalties.

It shall be unlawful for any person, owner, occupant or contractor to erect, construct, enlarge, alter, repair, move, improve, remove, rehabilitate, convert, demolish, use, occupy, equip or maintain any

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building or structure in the City, or cause the same to be done, contrary to or in violation of any of the provisions of this Article and the IBC. Violations of this Article and/or the IBC shall be punishable by a fine not to exceed one thousand dollars ($1,000.00) or a term of imprisonment not to exceed ninety (90) days, or both such fine and imprisonment. A separate offense shall be deemed committed for each day, or portion of a day, that a violation of this Article occurs or continues unabated. (Ord. 2002-10; Ord. 01, 2005 §1; Ord. 2007-14 §1)

ARTICLE II

Residential Code

Sec. 18-2-10. Adoption.

Pursuant to Title 31, Article 16, Part 2, C.R.S., there is hereby adopted by reference Chapters 1 through 43 and Appendices A, B, G, H, J and O of the International Residential Code (IRC), 2006 Edition, published by the International Code Council, 500 New Jersey Avenue, NW, 6th Floor, Washington, DC 20001-2070, to have the same force and effect as if set forth herein in every particular. The subject matter of the adopted code includes comprehensive provisions and standards regulating the construction, alteration, movement, enlargement, replacement, repair, equipment, location, removal and demolition of detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three (3) stories in height with separate means of egress as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Residential Code as amended in Section 18-2-30 below. (Prior code 8-1-2; Ord. 2002-10; Ord. 01, 2005 §1; Ord. 2007-14 §2)

Sec. 18-2-20. Copy on file.

At least one (1) copy of the International Residential Code has been and is now on file in the office of the City Clerk and may be inspected by any interested person between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, holidays excepted. The code as finally adopted shall be available for sale to the public through the office of the Building Official. (Ord. 01, 2005 §1; Ord. 2007-14 §2)

Sec. 18-2-30. Amendments.

The code adopted herein is hereby modified by the following amendments:

(1) Section R101.1 is amended to read:

"R101.1 Title. These regulations shall be known as the Residential Building Code for One- and Two-Family Dwellings of the City of Salida, will be cited as such and will be referred to herein as 'this code.' "

(2) Section R102.4, first paragraph, is amended to read:

"R102.4 Referenced codes and standards. The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply. For structures built under the

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provisions of the IRC, the requirements of Part VIII-Electrical shall be equivalent to the NEC. Any references in this code to the ICC Electrical Code shall instead refer to the 2005 NEC."

(3) Section R105.1 is amended to read:

"R105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit. A permit application shall not be accepted unless it includes the appropriate approval from agencies or departments governing zoning, fire protection, water supply, wastewater treatment, drainage and access."

(4) Section R105.2, Building, is amended to read:

"R105.2 Work exempt from permit. Permits shall not be required for the following. Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction.

"Building:

"1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 200 square feet (18.58 m²) with no sleeping use permitted.

"2. Fences not over 6 feet (1829 mm) high.

"3. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge.

"4. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18,927 L) and the ratio of height to diameter or width does not exceed 2 to 1. Fire and domestic cisterns require a cistern permit.

"5. Sidewalks and driveways and raised platforms and decks not more than 30 inches (762 mm) above adjacent grade.

"6. Painting, papering, tiling, carpeting, cabinets, countertops and similar finish work.

"7. Prefabricated swimming pools that are less than 24 inches (610 mm) deep.

"8. Swings and other playground equipment accessory to a one- or two-family dwelling.

"9. Window awnings supported by an exterior wall which do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support."

(5) Section R105.3.2, Time limitation of application, is deleted.

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(6) Section R106.2 is amended to read:

"R106.2 Site plan. The construction documents submitted with the application for a permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed finished grades. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The site plan also must include existing utilities, private wells, individual sewage disposal systems, ditches, streams, rivers, lakes, slopes steeper than 30 degrees, drainages, access locations, bridges and road grade. The Building Official is authorized to waive or modify the requirement for a site plan when the application is for alteration or repair or otherwise warranted."

(7) Section R108.3 is amended to read:

"R108.3 Building permit valuations. Building permit valuations shall be established using the procedures outlined in Resolutions 2006-28 and 2006-39 as amended from time to time."

(8) Section R109.1.1 is amended to read:

"R109.1.1 Foundation inspection. Inspection of the foundation shall be made after poles or piers are set or trenches or basement areas are excavated and any required forms erected and any required reinforcing steel is in place and supported prior to the placing of concrete. The foundation inspection shall include excavations for thickened slabs intended for the support of bearing walls, partitions, structural supports or equipment and special requirements for wood foundations. After initial pre-pour inspection, the Building Official may allow photo documentation of corrections for defects in lieu of a re-inspection prior to pour, provided the inspection report states photo documents will be permitted."

(9) Section R110.1, Exception #2, is amended to read:

"2. Accessory buildings or structures without habitable space or decks, porches or minor remodels (remodels other than room additions)."

(10) The first paragraph of Section R110.2 is amended to read:

"R110.2 Certificate issued. In order to ensure that a building or structure is in compliance with applicable municipal codes, no certificate of occupancy shall be issued or valid without prior review and approval of the City's Fire, Public Works, Utility and Planning Departments. Thereafter, and after the Building Official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the department or building safety, the Building Official shall issue a certificate of occupancy that contains the following:"

(11) Section R110.3 is amended to read:

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"R110.3 Temporary occupancy. The Building Official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely as determined by the Building Official and the City's Fire, Public Works and Planning Departments. The Building Official, with the consensus of the City's Fire, Public Works and Planning Departments, shall set a time period during which the temporary certificate of occupancy is valid."

(12) Section R110.4 is amended to read:

"R110.4 Revocation. The Building Official is authorized to, in writing, suspend or revoke a certificate of occupancy or completion issued under the provisions of this code wherever the certificate is issued in error or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any provisions of this code. A suspension or revocation may be initiated at the request of the City's Fire, Public Works or Planning Departments."

(13) Section R112.1 is amended to read:

"R112.1 General. All appeals to this code shall be made to the City of Salida Board of Appeals. The appeals process is described in Section 18-8-10 of the Salida Municipal Code."

(14) Section R202, Definitions, is amended by the addition of the following definitions that shall replace or supersede conflicting definitions therein:

"Design Professional. A Colorado State-licensed architect or engineer.

"Townhouse. A single-family dwelling constructed in a group of two or more attached units in which each unit extends from the foundation to the roof and with open space on at least two sides. A legal property line shall separate the units along the common walls."

(15) Table R301.2(1), Climatic and Geographic Design Criteria, is amended to read:

TABLE R301.2(1)

CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA

Ground

Snow

Load

Wind

Speedd

Seismic

Design

Categoryf

Subject to Damage From Winter

Design

Tempe

Ice Barrier

Underlayment

Requiredh

Flood

Hazardsg

Air

Freezing

Indexi

Mean

Annual

Tempj Weatheringa Frost line depthb Termitec

40 lbs. per sq.

ft.

90 mph, 3-sec. gust

C Severe Varies — See Chaffee County

Footing/Foundation Requirements

None to Slight

(-16° Farenheit)

No Varies — See FEMA maps

1166 43.9 ° Fahrenheit

(16) Section R311.5.3.3, Exceptions, shall have the following added:

"3. Interior risers may allow passage of a 6-inch diameter sphere."

(17) Section R312.2, Exceptions, shall have the following added:

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"3. A 6-inch sphere for exterior decks and balconies shall be permitted upon written request and approval by the Building Official."

(18) Section R319.1.4 is amended to read:

"R319.1.4 Wood columns. Wood columns shall be approved wood of natural decay resistance or approved pressure-preservative-treated wood. Heavy timber or log columns may be used when approved by the Building Official."

(19) Section R320, Protection against subterranean termites, is deleted in its entirety.

(20) Section R322.1 is amended to read:

"R322.1 Scope. Where there are seven or more dwelling units or sleeping units in a single structure, the provisions of Chapter 11 of the International Building Code for Group R-3 shall apply."

(21) Section R402.1 is amended to read:

"R402.1 Wood foundations. Wood foundation systems shall be designed by a licensed design professional in accordance with Chapter 4 of this code and shall have prior approval of the Building Official."

(22) Section R403 is amended to begin with the following statement:

"The Chaffee County Minimum Footing/Foundation Requirements as adopted by resolution of the City Council shall be used to construct such footings and foundations described in this section, or a design professional may use the provisions of this Section to design these elements."

(23) Section R403.1.4 is amended to include the following Exception:

"Exception: Where top soil and vegetation have been removed and soils are stable and included in Group I or II of Table R405.1, footings are not required to be 12 inches into undisturbed ground."

(24) Section R404.4.7.1 is amended to include the following Exception:

"Exception: ICF walls of detached accessory buildings and garages without habitable space and attached garages with a 1-hour separation from the dwelling do not require a thermal barrier."

(25) Section R408.4 is amended to read:

"R408.4 Access. Access shall be provided to all underfloor spaces. Access openings through the floor shall be a minimum of 18 inches by 24 inches (457 mm by 610 mm). Openings through a perimeter wall shall be not less than 16 inches by 24 inches (407 mm by 610 mm). When any portion of the through-wall access is below grade, an areaway not less than 16 inches by 24 inches (407 mm by 610 mm) shall be provided. The bottom of the

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areaway shall be below the threshold of the access opening. Through-wall access openings shall not be located under a door to the residence. See Section M1305.1.4 for access requirements where mechanical equipment is located under floors. An unobstructed pathway from the access to each remote end of structure must be maintained, in addition to an 18-inch clearance throughout."

(26) Section M1503.1 is amended to read:

"M1503.1 General. In spaces where a gas outlet is provided for a range, hoods or down draft vents shall be installed at ranges and shall discharge to the outdoors through a single-wall duct. The duct serving the hood shall have a smooth interior surface, shall be air-tight and shall be equipped with a backdraft damper. Ducts serving range hoods shall not terminate in an attic or crawlspace or areas inside the building."

(27) The first paragraph of Section G2406.2(303.3) is amended to read:

"G2406.2(303.3) Prohibited locations. Appliances shall not be located in sleeping rooms, bathrooms, toilet rooms, storage closets or surgical rooms, or in a space that opens only into such rooms or spaces, except with prior approval of the Building Official and where the installation complies with one of the following:"

(28) Section G2411.1(310.1) shall read as amended:

"G2411.1(310.1) Gas pipe bonding. As required by E3509.7."

(29) Section G2414.5.2(403.5.2) shall read as amended:

"G2414.5.2(403.5.2) Copper tubing. Copper tubing, fittings or pipe shall not be installed downstream of the riser."

(30) Section G2415.4(404.4) shall read as amended:

"G2415.4(404.4) Piping through foundation wall. Underground piping, where installed below grade through the outer foundation or basement wall of a building, shall be encased in a protective pipe sleeve. The annular space between the gas piping and the sleeve shall be sealed. Gas piping shall daylight immediately prior to penetrating the foundation."

(31) Section G2427.8(503. 8) #3 shall read as amended:

"3. The vent terminal of a direct-vent appliance with an input of 10,000 Btu per hour (3 kW) or less shall be located at least 6 inches (152 mm) from any air opening into a building, and such an appliance with an input over 10,000 Btu per hour (3 kW) but not over 50,000 Btu per hour (14.7 kW) shall have at least a 12-inch (305 mm) vent termination clearance. The bottom of the vent terminal and the air intake shall be located at least 18 inches above grade."

(32) Section P2708.1, Exception #2, is deleted.

(33) Section E3501.3 shall read as amended:

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"E3501.3. One building or other structure not to be supplied through another. Service conductors supplying a building or other structure shall not pass through the interior of another building or other structure. Townhomes shall be considered separate structures."

(34) Section E3501.6.2 shall read as amended:

"E3501.6.2 Service disconnect location. The service disconnecting means shall be installed at a readily accessible location outside of a building at the point of entrance of the service conductors or at the location of the meter, transformer or pedestal when approved by the authority having jurisdiction."

(Ord. 2002-10; Ord. 2007-14 §2)

Sec. 18-2-40. Violations, penalties.

It shall be unlawful for any person, owner, occupant or contractor to erect, construct, enlarge, alter, repair, move, improve, remove, rehabilitate, convert, demolish, use, occupy, equip or maintain any building or structure in the City, or cause the same to be done, contrary to or in violation of any of the provisions of this Article and the IRC. Violations of this Article and/or the IRC shall be punishable by a fine not to exceed one thousand dollars ($1,000.00) or a term of imprisonment not to exceed ninety (90) days, or both such fine and imprisonment. A separate offense shall be deemed committed for each day, or portion of a day, that a violation of this Article occurs or continues unabated. (Prior code 8-1-2; Ord. 2002-10; Ord. 01, 2005 §1; Ord. 2007-14 §2)

ARTICLE III

Fire Code

Sec. 18-3-10. Adoption.

Pursuant to Title 31, Article 16, Part 2, C.R.S., there is hereby adopted by reference the International Fire Code, including Appendix Chapters B, C, D, E, F and G, (IFC), 2006 Edition, published by the International Code Council, to have the same force and effect as if set forth herein in every particular; provided, however, that such code shall be amended by the changes set forth in Section 18-3-30 below. (Prior code 8-1-3; Ord. 15, 2003 §1; Ord. 01, 2005 §1; Ord. 13, 2007 §1)

Sec. 18-3-20. Copy on file.

At least one (1) copy of the International Fire Code, certified to be a true copy, has been and is now on file in the office of the City Clerk and may be inspected by any interested person between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, holidays excepted. The code as finally adopted shall be available for sale to the public through the office of the City Clerk at a moderate price. (Prior code 8-1-3; Ord. 01, 2005 §1; Ord. 13, 2007 §1)

Sec. 18-3-30. Amendments.

The 2006 International Fire Code, as adopted by the City in this Article, shall be amended or modified by the following amendments:

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(1) Section 101.1 is amended to read:

"101.1 Title. These regulations shall be known as the Fire Code of the City of Salida, hereinafter referred to as 'this code.' "

(2) Section 102.5 is amended to read:

"102.5 Historic buildings. The provisions of this code relating to the construction, alteration, repair, enlargement, restoration, relocation or moving of buildings or structures shall not be mandatory for existing buildings or structures identified and classified by the state or local jurisdiction as historic buildings when such buildings or structures do not constitute a distinct hazard to life or property. Fire protection in designated historic buildings and structures shall be provided in accordance with an approved fire protection plan developed in accordance with the provisions of the 2006 International Existing Building Code."

(3) Section 102.9 is amended to read:

"102.9 Conflicting provisions. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. If the Fire Code is in conflict with the existing municipal codes regarding street standards, the Salida Municipal Code will take precedence."

(4) Section 104 is amended to add:

"104.12 User fees. User fees may be instituted and collected as established by a fee schedule and as approved by resolution."

(5) Section 105, Permits, is amended as follows:

a. Sections 105.6.1 through 105.6.13 shall be deleted.

b. Section 105.6.14 shall be maintained as written.

c. Sections 105.6.15 through 105.6.29 shall be deleted.

d. Section 105.6.30 shall be amended as follows:

"105.6.30 Open burning. An operational permit is required for the kindling or maintaining of an open fire, for agricultural purposes, on any public or private ground. Instructions and stipulations of the permit shall be adhered to."

e. Sections 105.6.31 through 105.7.13 shall be deleted.

(6) Section 108, Board of Appeals, is amended to read:

"108 Board of Appeals. The Board of Appeals established by Chapter 18, Article X of the Salida Municipal Code shall act, pursuant to the provisions and regulations spelled out in Chapter 18, Article X of the Salida Municipal Code, as the Board of Appeals for the IFC."

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(7) Section 109.3 is amended to read:

"109.3 Violation, penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the code official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment not exceeding ninety (90) days, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense."

(8) Section 111.4 is amended to read:

"111.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than one hundred dollars ($100.00) or more than one thousand dollars ($1,000.00)."

(9) Section 307.1 is amended to read:

"307.1 General. A person shall not kindle or maintain or authorize to be kindled or maintained any open burning unless burning is for agricultural purposes and is in accordance with this section."

(10) Section 307.1.1 is amended to read:

"307.1.1 Prohibited open burning. Open burning that will be offensive or objectionable due to smoke or odor emissions when atmospheric conditions or local circumstances make such fires hazardous shall be prohibited."

(11) Section 307.4 is amended to read:

"307.4 Location. The location for any open burning shall not be less than 50 ft (15,240 mm) from any structure, and provisions shall be made to prevent the fire from spreading to within 50 ft (15,240 mm) of any structure."

The Exceptions are deleted.

(12) Section 307.4.1 is deleted in its entirety.

(13) Section 307.4.2 is deleted in its entirety.

(14) Section 308.3, Open flames, is deleted in its entirety.

(15) Section 901.2 is amended to read:

"901.2 Construction documents. The Colorado Department of Public Safety shall have the authority to require construction documents and calculations for all fire protection systems and to require permits be issued for the installation, rehabilitation or modification of

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any fire protection system. Construction documents for fire protection systems shall be submitted for review and approval prior to system installation."

(16) Section 901.2.1 is amended to read:

"901.2.1 Statement of compliance. Before requesting final approval of the installation, where required by the Colorado Department of Public Safety, the installing contractor shall furnish a written statement to the Colorado Department of Public Safety that the subject fire protection system has been installed in accordance with approved plans and has been tested in accordance with the manufacturer's specifications and the appropriate installation standard. Any deviations from the design standards shall be noted, and copies of the approvals for such deviations shall be attached to the written statement."

(Prior code 8-1-3; Ord. 15, 2003 §1; Ord. 01, 2005 §1; Ord. 13, 2007 §1)

Sec. 18-3-40. Enforcement.

The Fire Chief shall enforce this Article and may issue summonses and complaints for violations of this Article on his or her own authority, or may request that summonses and complaints be issued by any police officer. (Prior code 8-1-3; Ord. 15, 2003 §1; Ord. 13, 2007 §1)

Sec. 18-3-50. Violations, penalties.

The Municipal Court shall have jurisdiction to hear all violations of this Article and, in the event that a violation is of a continuing nature, each day during which such violation continues shall be deemed a separate offense, subject to fine and/or imprisonment for each such separate offense pursuant to Section 109.3 of the IFC. (Ord. 15, 2003 §1; Ord. 01, 2005 §1; Ord. 13, 2007 §1)

Sec. 18-3-60. Establishing limits.

Sections 3204.3.1.1, 3404.2.9.5.1, 3406.2.4.4 and 3804.2 of the IFC reference limits established by this Article as the limits of districts in which storage is prohibited. In all of those cases, the limits of the district in which such storage is prohibited shall be the City limits. (Ord. 15, 2003 §1; Ord. 13, 2007 §1)

ARTICLE IV

Existing Building Code

Sec. 18-4-10. Adoption.

Pursuant to Title 31, Article 16, Part 2, C.R.S., there is hereby adopted by reference Chapters 1 through 15 and Appendix B of the International Existing Building Code (IEBC), 2006 Edition, published by the International Code Council, 500 New Jersey Avenue, NW, 6th Floor, Washington, DC 20001-2070, to have the same force and effect as if set forth herein in every particular. The subject matter of the adopted code includes comprehensive provisions and standards regulating the repair, alteration, change of occupancy, addition and relocation of existing buildings, including historic buildings, as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations,

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provisions, penalties, conditions and terms of said Existing Building Code as amended in Section 18-4-30 below. (Ord. 2000-08 §1; Ord. 01, 2005 §1; Ord. 2007-14 §3)

Sec. 18-4-20. Copy on file.

At least one (1) copy of the International Existing Building Code has been and is now on file in the office of the City Clerk and may be inspected by any interested person between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, holidays excepted. The code as finally adopted shall be available for sale to the public through the office of the Building Official. (Ord. 2000-08 §1; Ord. 01, 2005 §1; Ord. 2007-14 §3)

Sec. 18-4-30. Amendments.

The code adopted herein is hereby modified by the following amendments:

(1) Section 101.1 is amended to read:

"101.1 Title. These regulations shall be known as the Existing Building Code of the City of Salida, will be cited as such and will be referred to herein as 'this code.' "

(2) The first paragraph of Section 110.2 is amended to read:

"110.2 Certificate issued. In order to ensure that a building or structure is in compliance with applicable municipal codes, no certificate of occupancy shall be issued or valid without prior review and approval of the City's Fire, Public Works, Utility and Planning Departments. Thereafter, and after the Building Official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the department or building safety, the Building Official shall issue a certificate of occupancy that contains the following:"

(3) Section 110.3 is amended to read:

"110.3 Temporary occupancy. The Building Official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely as determined by the Building Official and the City's Fire, Public Works and Planning Departments. The Building Official, with the consensus of the City's Fire, Public Works and Planning Departments, shall set a time period during which the temporary certificate of occupancy is valid."

(4) Section 110.4 is amended to read:

"110.4 Revocation. The Building Official is authorized to, in writing, suspend or revoke a certificate of occupancy or completion issued under the provisions of this code wherever the certificate is issued in error or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any provisions of this code. A suspension or revocation may be initiated at the request of the City's Fire, Public Works or Planning Departments."

(5) Section 112 is amended to read:

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"Section 112 Board of Appeals. All appeals to this code shall be made to the City of Salida Board of Appeals. The appeals process is described in Section 18-8-10 of the Salida Municipal Code."

(Ord. 2000-08 §1; Ord. 01, 2005 §1; Ord. 2007-14 §3)

Sec. 18-4-40. Violations, penalties.

It shall be unlawful for any person, owner, occupant or contractor to erect, construct, enlarge, alter, repair, move, improve, remove, rehabilitate, convert, demolish, use, occupy, equip or maintain any building or structure in the City, or cause the same to be done, contrary to or in violation of any of the provisions of this Article and the IEBC. Violations of this Article and/or the IEBC shall be punishable by a fine not to exceed one thousand dollars ($1,000.00) or a term of imprisonment not to exceed ninety (90) days, or both such fine and imprisonment. A separate offense shall be deemed committed for each day, or portion of a day, that a violation of this Article occurs or continues unabated. As an alternate remedy, after complying with the Notice and Order provisions of IPMC Section 107, the City shall have the right, but not the obligation, to enter the violating property and conduct repairs and/or maintenance necessary to abate a non-emergency violation. The City Administrator shall prepare a statement enumerating the actual costs of abatement and collection plus a surcharge of ten percent (10%) of the abatement costs to cover inspection and other administrative costs. Such charge shall be payable by the owners at the time of the assessment, personally, and also shall be a perpetual lien upon the respective lots or parcels served relating back to the date upon which the abatement actions were performed. Any such lien may be foreclosed in the same manner as provided by the laws of this state for the foreclosure of mechanics’ liens. (Ord. 2000-08 §1; Ord. 01, 2005 §1; Ord. 14, 2007 §3; Ord. 10, 2010 §2)

ARTICLE V

Plumbing Code

Sec. 18-5-10. Adoption.

Pursuant to Title 31, Article 16, Part 2, C.R.S., there is hereby adopted by reference Chapters 1 through 13 and Appendices C, E and F of the International Plumbing Code (IPC), 2006 Edition, published by the International Code Council, 500 New Jersey Avenue, NW, 6th Floor, Washington, DC 20001-2070, including Appendix E, to have the same force and effect as if set forth herein in every particular. The subject matter of the adopted code includes comprehensive provisions and standards regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, replacement, addition to, use or maintenance of plumbing systems as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Plumbing Code as amended in Section 18-5-30 below. (Prior code 8-1-1; Ord. 2002-10; Ord. 01, 2005 §1; Ord. 2007-14 §4)

Sec. 18-5-20. Copy on file.

At least one (1) copy of the International Plumbing Code has been and is now on file in the office of the City Clerk and may be inspected by any interested person between the hours of 8:00 a.m. and 5:00

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p.m., Monday through Friday, holidays excepted. The code as finally adopted shall be available for sale to the public through the office of the Building Official. (Ord. 01, 2005 §1; Ord. 2007-14 §4)

Sec. 18-5-30. Amendments.

The code adopted herein is hereby modified by the following amendments:

(1) Section 101.1 is amended to read:

"101.1 Title. These regulations shall be known as the International Plumbing Code of the City of Salida, will be cited as such and will be referred to herein as 'this code.' "

(2) Section 109 is amended to read:

"109 Means of appeal. All appeals to this code shall be made to the City of Salida Board of Appeals. The appeals process is described in Section 18-8-10 of the Salida Municipal Code."

(3) Section 417.4, Exception, is deleted in its entirety.

(Prior code 8-1-1; Ord. 2002-10; Ord. 01, 2005 §1; Ord. 2007-14 §4)

Sec. 18-5-40. Violations, penalties.

It shall be unlawful for any person, owner, occupant or contractor to erect, construct, enlarge, alter, repair, move, improve, remove, rehabilitate, convert, demolish, use, occupy, equip or maintain any building or structure in the City, or cause the same to be done, contrary to or in violation of any of the provisions of this Article and the IPC. Violations of this Article and/or the IPC shall be punishable by a fine not to exceed one thousand dollars ($1,000.00) or a term of imprisonment not to exceed ninety (90) days, or both such fine and imprisonment. A separate offense shall be deemed committed for each day, or portion of a day, that a violation of this Article occurs or continues unabated. (Ord. 2002-10; Ord. 01, 2005 §1; Ord. 2007-14 §4)

ARTICLE VI

Mechanical Code

Sec. 18-6-10. Adoption.

Pursuant to Title 31, Article 16, Part 2, C.R.S., there is hereby adopted by reference Chapters 1 through 15 and Appendix A of the International Mechanical Code (IMC), 2006 Edition, published by the International Code Council, 500 New Jersey Avenue, NW, 6th Floor, Washington, DC 20001-2070, to have the same force and effect as if set forth herein in every particular. The subject matter of the adopted code includes comprehensive provisions and standards regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, replacement, addition to, use or maintenance of mechanical systems as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said

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Mechanical Code as amended in Section 18-6-30 below. (Prior code 8-1-1; Ord. 2002-10; Ord. 01, 2005 §1; Ord. 2007-14 §5)

Sec. 18-6-20. Copy on file.

At least one (1) copy of the International Mechanical Code has been and is now on file in the office of the City Clerk and may be inspected by any interested person between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, holidays excepted. The code as finally adopted shall be available for sale to the public through the office of the Building Official. (Ord. 01, 2005 §1; Ord. 2007-14 §5)

Sec. 18-6-30. Amendments.

The code adopted herein is hereby modified by the following amendments:

(1) Section 101.1 is amended to read:

"101.1 Title. These regulations shall be known as the International Mechanical Code of the City of Salida, will be cited as such and will be referred to herein as 'this code.' "

(2) Section 109 is amended to read:

"109 Means of appeal. All appeals to this code shall be made to the City of Salida Board of Appeals. The appeals process is described in Section 18-8-10 of the Salida Municipal Code."

(3) Section 505.1 is amended to read:

"505.1 Domestic systems. Where a gas outlet is supplied for domestic ranges and similar appliances, such appliances shall have a means to exhaust fumes and vapors to the outside. Where domestic range hoods and domestic appliances equipped with downdraft exhaust are located within dwelling units, such hoods and appliances shall discharge to the outdoors through sheet metal ducts constructed of galvanized steel, stainless steel, aluminum or copper. Such ducts shall have smooth inner walls and shall be air-tight and equipped with a backdraft damper."

(Ord. 2002-10; Ord. 01, 2005 §1; Ord. 2007-14 §5)

Sec. 18-6-40. Violations, penalties.

It shall be unlawful for any person, owner, occupant or contractor to erect, construct, enlarge, alter, repair, move, improve, remove, rehabilitate, convert, demolish, use, occupy, equip or maintain any building or structure in the City, or cause the same to be done, contrary to or in violation of any of the provisions of this Article and the IMC. Violations of this Article and/or the IMC shall be punishable by a fine not to exceed one thousand dollars ($1,000.00) or a term of imprisonment not to exceed ninety (90) days, or both such fine and imprisonment. A separate offense shall be deemed committed for each day, or portion of a day, that a violation of this Article occurs or continues unabated. (Ord. 2002-10; Ord. 01, 2005 §1; Ord. 2007-14 §5)

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ARTICLE VII

Electrical Code

Sec. 18-7-10. Adoption.

Pursuant to Title 31, Article 16, Part 2, C.R.S., there is hereby adopted by reference Article 90 and Chapters 1 through 9 of the National Electrical Code (NEC), 2005 Edition, published by the National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02169-7471, to have the same force and effect as if set forth herein in every particular. The subject matter of the adopted code includes comprehensive provisions and standards regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, replacement, addition to, use or maintenance of electrical systems as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Electrical Code as amended in Section 18-7-30 below. (Prior code 8-1-1; Ord. 2002-10; Ord. 01, 2005 §1; Ord. 2007-14 §6)

Sec. 18-7-20. Copy on file.

At least one (1) copy of the National Electrical Code has been and is now on file in the office of the City Clerk and may be inspected by any interested person between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, holidays excepted. The code as finally adopted shall be available for sale to the public through the office of the Building Official. (Ord. 01, 2005 §1; Ord. 2007-14 §6)

Sec. 18-7-30. Amendments.

The code adopted herein is hereby modified by the following amendments:

(1) Section 90.8(C) is added and will read:

"90.8(C). Electrical plans shall be submitted with the building permit and shall include service and feeder circuit size and load calculations and identify use of branch circuits to show compliance with the Code."

(2) Section 230.70(A)(1) is amended to read:

"230.70(A)(1) Readily accessible location. The service disconnecting main shall be installed at a readily accessible location outside of a building or structure at the point of entrance of the service conductors or at the location of the meter, transformer or pedestal when approved by the authority having jurisdiction."

(3) The first paragraph of Section 334.10 is amended to read:

"334.10 Uses permitted. Type NM, Type NMC and Type NMS cables shall be permitted to be used in the following when approved by the Building Official. Item (1) below does not require prior approval."

(Ord. 2002-10; Ord. 01, 2005 §1; Ord. 2007-14 §6)

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Sec. 18-7-40. Violations, penalties.

It shall be unlawful for any person, owner, occupant or contractor to erect, construct, enlarge, alter, repair, move, improve, remove, rehabilitate, convert, demolish, use, occupy, equip or maintain any building or structure in the City, or cause the same to be done, contrary to or in violation of any of the provisions of this Article and the NEC. Violations of this Article and/or the NEC shall be punishable by a fine not to exceed one thousand dollars ($1,000.00) or a term of imprisonment not to exceed ninety (90) days, or both such fine and imprisonment. A separate offense shall be deemed committed for each day, or portion of a day, that a violation of this Article occurs or continues unabated. (Ord. 2002-10; Ord. 01, 2005 §1; Ord. 2007-14 §6)

ARTICLE VIII

Appeals Process

Sec. 18-8-10. Appeal.

An order, decision or interpretation based upon any of the codes adopted by this Chapter may be appealed to the Board of Appeals. (Ord. 2002-10)

Sec. 18-8-20. Appeal contents.

The appeal shall be in the form of a written letter of appeal submitted to the Community Development Director within forty-five (45) days of the date of the order, decision or interpretation. Such notice shall identify the date and nature of the order, decision or interpretation at issue and set forth in plain and concise language the:

(1) Facts and reasons. The facts and reasons for the appeal, including any relevant citations to any rule, regulation or code section relied upon.

(2) Copy. A copy of the order, decision or interpretation being appealed if the same was issued in writing. (Ord. 2002-10)

Sec. 18-8-30. Actions following receipt of appeal.

Upon receipt of the appeal, the Community Development Director shall notify the Building Official and schedule the appeal for a regular or special meeting before the Board of Appeals within a maximum time frame of thirty-one (31) days. (Ord. 2002-10)

Sec. 18-8-40. Notice.

Written notice of the time, date and location of the hearing shall be delivered not less than one (1) day prior to the hearing to the appellant and the Building Official. (Ord. 2002-10)

Sec. 18-8-50. Decision by appeal body.

All decisions on appeal shall be reduced to writing, contain a concise listing of facts and reasons supporting the same and be promptly mailed by regular mail to the applicant. The burden of persuasion

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on appeal shall rest with the appellant; and the unexcused absence of the appellant from the appeal hearing, absent good and just cause at the discretion of the appeal body, shall result in the dismissal of the appeal, and no further action shall be taken thereon. All decisions on appeal shall be final and may be appealed to the District Court as provided for in Colorado Rules of Civil Procedure. (Ord. 2002-10)

ARTICLE IX

Enforcement

Sec. 18-9-10. Civil enforcement.

It is unlawful for any premises to be in violation of the building or occupancy codes adopted by this Chapter, or to have upon said premises construction which has been created, commenced or carried out or is being carried out without a proper permit as provided for by said codes. The City may bring a civil suit in the State Court whose general jurisdiction includes the City for an order that said premises be brought into compliance with applicable code provisions and/or prohibiting the use of said premises for any purposes until such time as said premises are in compliance with applicable code provisions. The civil proceeding shall be a proceeding in rem and shall be deemed to relate to the particular premises involved in the code violations. The owners and occupants of the premises shall be summoned into court in the manner provided for by the Colorado Rules of Civil Procedure. The order issued by the Court shall be enforceable only to the extent of the value of the premises. Enforcement of orders issued may include the forfeiture of the premises to the City or an order that the premises be sold at public auction in order to pay fines and costs levied against the owners or occupants for violation of Court orders. In any such civil suit, the City shall be entitled to recover its costs and attorneys' fees, and all such costs, fees and all fines levied by the Court shall constitute a lien upon the premises. (Prior code 8-1-6; Ord. 2002-10)

Sec. 18-9-20. Enforcement as nuisance.

It is a public nuisance for a premises to exist or to be used contrary to the terms of the building and occupancy codes adopted by this Chapter, or for there to be construction in place or in progress upon any premises contrary to the terms of said codes adopted by this Chapter. The City may seek relief from said public nuisances by civil suit brought in the State Court of general jurisdiction whose venue includes the County under the law generally provided for the abatement of nuisances. If such public nuisances are of such a nature as to pose an immediate threat to the public health, safety and welfare, the City may abate them in the same manner provided for the abatement of nuisances in Chapter 7, Article I of this Code. (Prior code 8-1-6; Ord. 2002-10; Ord. 01, 2005 §1)

Sec. 18-9-30. Remedies not exclusive.

The remedies provided in this Article shall not be exclusive, and this Article shall not be deemed to prohibit the use of remedies provided for in the various building and occupancy codes adopted by this Chapter. (Prior code 8-1-6; Ord. 2002-10)

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ARTICLE X

Board of Appeals

Sec. 18-10-10. Establishment.

There is hereby created and established the Board of Appeals which shall exercise the powers and responsibilities as set forth in this Article. (Ord. 2002-10)

Sec. 18-10-20. Membership and organization.

The Board of Appeals shall consist of five (5) regular members and up to two (2) alternate members who shall be appointed by the Mayor, the appointment of whom shall be confirmed by a majority of City Council, to serve staggered three-year terms. Board members, inclusive of alternates, must be residents and qualified electors of the City. Alternate members shall perform all of the duties of a regular member in the absence or disqualification of a regular member from a meeting of the Board. A member may continue to serve the Board until his or her successor is appointed and assumes office. Members may be reappointed to serve successive terms without limitation. (Ord. 2002-10)

Sec. 18-10-30. Terms.

Upon the establishment of the Board of Appeals as herein provided, two (2) members shall serve an initial term of three (3) years, two (2) members shall serve an initial term of two (2) years, and one (1) member shall serve an initial term of one (1) year. Persons initially appointed as alternate members shall serve a term of three (3) years. (Ord. 2002-10)

Sec. 18-10-40. Vacancies.

Vacancies on the Board of Appeals shall be filled by appointment made by the City Council to serve out unexpired member terms. (Ord. 2002-10)

Sec. 18-10-50. Removal from office.

Members may be removed from office for chronic absenteeism or for other good cause as determined by the City Council upon written notice. For purposes of this Article, chronic absenteeism shall mean three (3) or more consecutive unexcused absences from Board meetings, or absences from more than fifty percent (50%) of the Board’s meetings in any twelve-month period. (Ord. 2002-10)

Sec. 18-10-60. Meetings.

All meetings of the Board of Appeals shall be subject to the requirements of the Colorado Open Meetings Law. Not less than three (3) members must be present at a regular or special meeting to transact business, and all questions coming before the Board shall be decided by simple majority vote of all those present. All votes shall be recorded by ayes and nays, except that a roll call vote shall be conducted upon the request of any member. A tie vote shall be deemed a denial of the matter voted upon. (Ord. 2002-10)

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Sec. 18-10-70. Rules of procedure.

The Board of Appeals shall adopt such rules of procedure as it deems necessary to conduct business. The Board shall elect a Chairperson and a Vice Chairperson from among its members by majority vote. The Chairperson and the Vice Chairperson so elected shall serve terms of one (1) year and may be reelected to office without limitation. (Ord. 2002-10)

Sec. 18-10-80. Minutes.

Minutes of all regular and special meetings and resolutions passed by the Board of Appeals shall be authenticated by the presiding officer and timely recorded in an official book kept for that purpose by the City. Meeting minutes shall be maintained in writing or by electronic recording device. (Ord. 2002-10)

Sec. 18-10-90. Special meetings.

The Board of Appeals may, by majority vote, set and conduct special meetings from time to time in addition to conducting regular meetings. The date, time, location and agenda for any special meeting shall be publicly posted and/or published in accordance with the requirements of the Colorado Open Meetings Law. (Ord. 2002-10)

Sec. 18-10-100. Powers and duties.

The Board of Appeals shall have the following powers and duties: to reverse or affirm, wholly or in part, or modify the order, requirement, decision, interpretation or determination of the Building Official pursuant to the provisions of Article VIII of this Chapter. (Ord. 2002-10)

ARTICLE XI

House Numbers

Sec. 18-11-10. Numbers required; placement.

It is hereby made the duty of all owners and occupants of houses and buildings situate in the corporate limits of the City to number the same within thirty (30) days after being notified so to do by the City Clerk, in the manner hereinafter directed, and by securely fastening a metal plate or sign bearing the figures necessary to indicate the proper number of such house or building over the front door thereof. (Prior code 8-2-1)

Sec. 18-11-20. Method of numbering houses.

The proper number to be affixed to each of such houses and buildings shall be ascertained and determined in the following manner:

(1) By beginning at that certain street in the City known as "F" Street, and numbering all houses and buildings fronting upon streets running at right angles therewith in accordance with what is known as the decimal system, and by regularly increasing numbers, according to the distance from said "F" Street, allowing one (1) number to each twelve and one-half (12½) feet of space in each block, exclusive of alleys. The numbers in each block shall begin with 101 and 102,

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201 and 202, 301 and 302, etc., according to whether the same is the first, second or third, etc., block from "F" Street. On all streets or avenues running northerly and southerly, even numbers shall be placed on the west side, and on all streets and avenues running easterly and westerly, the even numbers shall be placed on the north side. The odd numbers alternating in each case shall be placed on the side of the street opposite to that on which the even numbers are to be placed, as aforesaid.

(2) The houses and buildings situate upon "F" Street, and upon all other streets running parallel or nearly parallel therewith, shall be numbered by the same method and in the same method and in the same manner, using that certain street in the City known as First Street as a base or starting point.

(3) All stairways in business blocks shall be numbered with half numbers such 150½, 250½, etc.

(4) The number which, by proper computation and measurements made in accordance with the foregoing provisions, falls to any house or building in the City, shall thenceforth be and remain the proper and official number thereof. (Prior code 8-2-2)

Sec. 18-11-30. Size of numbers.

The figures used to indicate the number of each house or building in the City, and to be placed upon the metal plates or signs mentioned in Section 18-11-10 above, shall each be at least three (3) inches in height and so inscribed and placed as to be plainly visible from the street upon which the house or building bearing the number is situated. (Prior code 8-2-3)

Sec. 18-11-40. Administration of provisions.

(a) The City Council shall, by resolution, appoint a suitable person to make the necessary measurements and computations, to assign each house or building its proper number and, if so desired, to furnish the metal plate or sign with the appropriate number inscribed thereon as hereinbefore provided, at a cost not exceeding twenty-five cents ($.25) for each plate or sign so furnished; provided, however, that if the owner or occupant of any house or building desires a more costly number therefor, the person so appointed shall furnish the same at such increased price as may be agreed upon between him or her and such owner or occupant.

(b) The Community Development Director is hereby authorized and directed to take any and all such steps and proceedings and, on behalf of the City, to make, enter into and execute any and all such contracts as may be necessary or proper for the purpose of carrying into effect the provisions of this Article. (Prior code 8-2-4; Ord. 01, 2005 §1)

Sec. 18-11-50. Application of provisions.

Any and all houses and buildings which may be hereafter constructed in the City shall be subject to the provisions of this Article and numbered in the manner herein prescribed. (Prior code 8-2-5)

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Sec. 18-11-60. Penalties.

Any person, being the owner of any house or building in the City or occupying the same, who, after being notified as hereinbefore provided of the proper number thereof, shall, for thirty (30) days thereafter, fail, neglect or refuse to number such house or building in conformity with the provisions of this Article, shall be subject to a penalty of five dollars ($5.00) and a further penalty of five dollars ($5.00) for every thirty (30) days thereafter that he or she shall continue to fail, neglect or refuse to so number such said house or building, the penalty, together with the costs of the proceeding. Such penalty shall be recovered by an appropriate action in the same manner as other fines and penalties incurred by reason of the violation of other provisions of this Code are recovered. (Prior code 8-2-6; Ord. 01, 2005 §1)

ARTICLE XII

Fuel Gas Code

Sec. 18-12-10. Adoption.

Pursuant to Title 31, Article 16, Part 2, C.R.S., there is hereby adopted by reference Chapters 1 through 8 and Appendices A and B of the International Fuel Gas Code (IFGC), 2006 Edition, published by the International Code Council, 500 New Jersey Avenue, NW, 6th Floor, Washington, DC 20001-2070, including Appendices A, B and C, to have the same force and effect as if set forth herein in every particular. The subject matter of the adopted code includes comprehensive provisions and standards regulating fuel gas systems and gas-fired appliances as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Fuel Gas Code as amended in Section 18-12-30 below. (Ord. 2007-14 §7)

Sec. 18-12-20. Copy on file.

At least one (1) copy of the International Fuel Gas Code has been and is now on file in the office of the City Clerk and may be inspected by any interested person between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, holidays excepted. The code as finally adopted shall be available for sale to the public through the office of the Building Official. (Ord. 2007-14 §7)

Sec. 18-12-30. Amendments.

The code adopted herein is hereby modified by the following amendments:

(1) Section 101.1 is amended to read:

"101.1 Title. These regulations shall be known as the Fuel Gas Code of the City of Salida, will be cited as such and will be referred to herein as 'this code.' "

(2) Section 109 is amended to read:

"Section 109 (IFGC) Means of appeal. All appeals to this code shall be made to the City of Salida Board of Appeals. The appeals process is described in Section 18-8-10 of the Salida Municipal Code."

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(3) The first paragraph of Section 303.3 is amended to read:

"303.3 Prohibited locations. Appliances shall not be located in sleeping rooms, bathrooms, toilet rooms, storage closets or surgical rooms, or in a space that opens only into such rooms or spaces, except with prior approval of the Building Official and where the installation complies with one of the following:"

(4) Section 310.1 is amended to read:

"310.1 Gas pipe bonding. As required by the 2005 National Electrical Code."

(5) Section 403.5.2 is amended to read:

"403.5.2 Copper and brass tubing. Copper tubing, fittings or pipe shall not be installed downstream of the riser."

(6) Section 404.4 is amended to read:

"404.4 Piping through foundation wall. Underground piping, where installed below grade through the outer foundation or basement wall of a building, shall be encased in a protective pipe sleeve. The annular space between the gas piping and the sleeve shall be sealed. Gas piping shall daylight immediately prior to penetrating the foundation."

(7) Section 503.8, #3, is amended to read:

"3. The vent terminal of a direct-vent appliance with an input of 10,000 Btu per hour (3 kW) or less shall be located at least 6 inches (152 mm) from any air opening into a building, and such an appliance with an input over 10,000 Btu per hour (3 kW) but not over 50,000 Btu per hour (14.7 kW) shall be installed with a nine-inch (230 mm) vent at termination clearance, and an appliance with an input over 50,000 Btu per hour (14.7 kW) shall have at least a twelve-inch (305 mm) vent termination clearance. The bottom of the vent terminal and air intake shall be located at least 18 inches above grade."

(Ord. 2007-14 §7)

Sec. 18-12-40. Violations, penalties

It shall be unlawful for any person, owner, occupant or contractor to erect, construct enlarge, alter, repair, move, improve, remove, rehabilitate, convert, demolish, use, occupy, equip or maintain any building or structure in the City, or cause the same to be done, contrary to or in violation of any of the provisions of this Article and the IFGC. Violations of this Article and/or the IFGC shall be punishable by a fine not to exceed one thousand dollars ($1,000.00) or a term of imprisonment not to exceed ninety (90) days, or both such fine and imprisonment. A separate offense shall be deemed committed for each day, or portion of a day, that a violation of this Article occurs or continues unabated. (Ord. 2007-14 §7)

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ARTICLE XIII

Energy Conservation Code

Sec. 18-13-10. Adoption.

Pursuant to Title 31, Article 16, Part 2, C.R.S., there is hereby adopted by reference Chapters 1 through 6 of the International Energy Conservation Code (IECC), 2006 Edition, published by the International Code Council, 500 New Jersey Avenue, NW, 6th Floor, Washington, DC 20001-2070, to have the same force and effect as if set forth herein in every particular. The subject matter of the adopted code includes comprehensive provisions and standards regulating energy-efficient building envelopes and installation of energy-efficient mechanical, lighting and power systems as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Energy Conservation Code as amended in Section 18-13-30 below. (Ord. 2007-14 §8)

Sec. 18-13-20. Copy on file.

At least one (1) copy of the International Energy Conservation Code has been and is now on file in the office of the City Clerk and may be inspected by any interested person between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, holidays excepted. The code as finally adopted shall be available for sale to the public through the office of the Building Official. (Ord. 2007-14 §8)

Sec. 18-13-30. Amendments.

The code adopted herein is hereby modified by the following amendment:

(1) Section 101.1 is amended to read:

"101.1 Title. These regulations shall be known as the Energy Conservation Code of the City of Salida, will be cited as such and will be referred to herein as 'this code.' "

(Ord. 2007-14 §8)

Sec. 18-13-40. Violations, penalties.

It shall be unlawful for any person, owner, occupant or contractor to erect, construct, enlarge, alter, repair, move, improve, remove, rehabilitate, convert, demolish, use, occupy, equip or maintain any building or structure in the City, or cause the same to be done, contrary to or in violation of any of the provisions of this Article and the IECC. Violations of this Article and/or the IECC shall be punishable by a fine not to exceed one thousand dollars ($1,000.00) or a term of imprisonment not to exceed ninety (90) days, or both such fine and imprisonment. A separate offense shall be deemed committed for each day, or portion of a day, that a violation of this Article occurs or continues unabated. (Ord. 2007-14 §8)

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ARTICLE XIV

Property Maintenance Code

Sec. 18-14-10. Adoption.

Pursuant to Title 31, Article 16, Part 2, C.R.S., there is hereby adopted by reference Chapters 1 through 8 of the International Property Maintenance Code (IPMC), 2006 Edition, published by the International Code Council, 500 New Jersey Avenue, NW, 6th Floor, Washington, DC 20001-2070, to have the same force and effect as if set forth herein in every particular. The subject matter of the adopted code includes comprehensive provisions and standards regulating the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use; and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code as amended in Section 18-14-30 below. (Ord. 2007-14 §9)

Sec. 18-14-20. Copy on file.

At least one (1) copy of the International Property Maintenance Code has been and is now on file in the office of the City Clerk and may be inspected by any interested person between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, holidays excepted. The code as finally adopted shall be available for sale to the public through the office of the Building Official. (Ord. 2007-14 §9)

Section 18-14-30. Amendments.

The code adopted herein is hereby modified by the following amendments:

(1) Section 101.1 is amended to read:

"101.1 Title. These regulations shall be known as the Property Maintenance Code of the City of Salida, will be cited as such and will be referred to herein as 'this code.' "

(2) Section 101.2 is amended to read:

"101.2 Scope. The provisions of this code shall apply to all existing residential and nonresidential structures, excepting one- and two-family dwellings, and all existing premises, and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; the responsibility of owners, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties."

(3) Section 102.3 is amended to read:

"102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the International Building Code, International Fuel Gas Code, International Mechanical Code and

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the National Electrical Code. Nothing in this code shall be construed to cancel, modify or set aside any provision of the remainder of the Salida Municipal Code."

(4) Section 103.1 is amended to read:

"103.1 General. The Department of Property Maintenance Inspection is hereby created within the Salida Police Department. The Chief of Police is the code official."

(5) Section 103.3 is amended to read:

"103.3 Deputies. The Building Official, Fire Chief and Code Enforcement Officer shall be deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the code official shall have the authority to appoint other deputy code officials, other related technical officers, inspectors and other employees."

(6) Section 103.5 is amended to read:

"103.5 Fees. The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be adopted by resolution of the City Council."

(7) Section 104.7 is amended to read:

"104.7 Department records. The code official shall keep official records of all business and activities of the department specified in the provisions of this code. Such records shall be retained in the official records as long as the building or structure to which such records relate remains in existence, unless otherwise provided by other regulations. These records may be kept in the property files of the Planning Department."

(8) Section 111.2 is amended to read:

"111.2. All appeals to this code shall be made to the City of Salida Board of Appeals. The appeals process is described in Section 18-8-10 of the Salida Municipal Code."

(9) Sections 111.2.1 through 111.2.5, 111.3, 111.4, 111.5 and 111.6 are deleted in their entirety.

(10) Section 201.3 is amended to read:

"201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in the International Building Code, International Fuel Gas Code, International Fire Code, International Mechanical Code, Salida Land Use Code or the National Electrical Code, such terms shall have the meanings ascribed to them as stated in those codes."

(11) Section 302.3 is amended to read:

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"302.3 Walkways and driveways. All walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair and maintained free of hazardous conditions."

(12) Section 302.4 is deleted in its entirety.

(13) Section 302.8 is deleted in its entirety.

(14) Section 302.9 is deleted in its entirety.

(15) Section 303 is deleted in its entirety.

(16) Section 304.3 is deleted in its entirety.

(17) Section 304.14 is deleted in its entirety.

(18) Section 404.3, Exceptions #1 and #2, are deleted in their entirety.

(19) The first paragraph of Section 602.3 is amended to read:

"602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat during the entire year to a temperature of not less than 68˚F (20˚C) in all habitable rooms, bathrooms and toilet rooms."

(20) The first paragraph of Section 602.4 is amended to read:

"602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat during the entire year to maintain a temperature of not less than 65˚F (18˚C) during the time the spaces are occupied."

(21) Section 604.2 is amended to read:

"604.2 Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the National Electrical Code. Dwelling units shall be served by a three-wire, 120/140-volt, single-phase electrical service having a rating of not less than 60 amperes."

(22) Chapter 8, Referenced Standards, is amended to replace "ICC Electrical Code" with "National Electrical Code" and "International Zoning Code" with "Salida Municipal Code."

(Ord. 2007-14 §9)

Sec. 18-14-40. Violations, penalties.

It shall be unlawful for any person, owner, occupant, or contractor to erect, construct, enlarge, alter, repair, move, improve, remove, rehabilitate, convert, demolish, use, occupy, equip, or maintain any building or structure in the City, or cause the same to be done, contrary to or in

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violation of any of the provisions of this Article and the IPMC. Violations of this Article and/or the IPMC may be punishable by a fine not to exceed one thousand dollars ($1,000.00) or a term of imprisonment not to exceed ninety (90) days, or both such fine and imprisonment. A separate offense shall be deemed committed for each day, or portion of a day, that a violation of this Article occurs or continues unabated. As an alternate remedy, after complying with the Notice and Order provisions of IPMC Section 107, the City shall have the right, but not the obligation, to enter the violating property and conduct repairs and/or maintenance necessary to abate a non-emergency violation. The City Administrator shall prepare a statement enumerating the actual costs of abatement and collection plus a surcharge of ten percent (10%) of the abatement costs to cover inspection and other administrative costs. Such charge shall be payable by the owners at the time of the assessment, personally, and also shall be a perpetual lien upon the respective lots or parcels served relating back to the date upon which the abatement actions were performed. Any such lien may be foreclosed in the same manner as provided by the laws of this state for the foreclosure of mechanics’ liens. (Ord. 2007-14 §9, Ord. 2009-10 §2)

ARTICLE XV

Building Permit Administration

Sec. 18-15-10. Inspection and supervision.

It shall be unlawful to erect, construct, reconstruct, alter or change the use of any building or other structure within the unincorporated territory of the County without obtaining a building permit from the City. The Building Official appointed by the City shall have the duty to enforce all provisions of this Chapter, as well as to receive applications required by these codes, issue permits and furnish the prescribed certificate, to examine the premises for which permits have been issued and to make necessary inspections to see that the provisions of law are complied with and that construction is prosecuted safely. The Building Official is hereby granted the authority to enter on all premises within the City for the purpose of carrying out his or her duties as building official. (Ord. 2007-14 §10)

Sec 18-15-20. Fees.

Current fees are set by resolution of the City Council. The City Council retains the authority to amend any and all fees from time to time by resolution. (Ord. 2007-14 §10)

Sec. 18-15-30. Building permit effective periods and extensions.

(a) Notwithstanding provisions in the applicable building codes to the contrary, permits issued under the county building codes are effective for a period of one (1) year.

(b) Upon a written request for an extension by the applicant, a permit may be extended for an additional one-year period. Up to two (2) extensions may be requested, provided that in no event may a permit be valid for more than three (3) years, or for more than two (2) years following the adoption of a new version of the applicable building code, whichever is less. For example, if a plumbing permit is issued on February 1, 2004, and a new version of the plumbing code is adopted on May 1, 2004, the maximum date to which the permit can be effective, including extensions, would be May 1, 2006.

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(c) In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee, except the Building Official may authorize one-half (½) the new fee where all rough inspections have been completed under the expired permit. (Ord. 2007-14 §10)

Sec. 18-15-40. Notice of building permit expirations.

(a) The Building Official shall endeavor to send by certified letter a Notice of Building Permit Expiration to a property owner thirty (30) days prior to the expiration of a building permit or if there have been no requests for inspection on a building permit for a period of six (6) months. Any failure to comply with this Section shall not result in an extension of a building permit.

(b) The Notice of Building Permit Expiration shall advise the property owner that if a certificate of occupancy is not obtained, upon expiration of the permit, a letter may be filed and recorded with the County Clerk that indicates that structures on the property may not have been inspected by building officials and, thus, may not meet past or current building codes, and that no building permit for additions to or new structures will be issued unless the current structure is brought up to code or evidence of a prior certificate of occupancy is submitted.

(c) If a certificate of occupancy is not obtained within sixty (60) days of the expiration of the building permit, the Building Official shall endeavor to proceed with filing and recording such letter with the County Clerk; in addition, the Building Official and the City may pursue other remedies provided by statute, ordinance or resolution with respect to building code violations, if any. Nothing in this Section shall obligate the City to file such letter or prosecute building code violations nor prevent or limit the City from seeking to remedy building code violations as provided by state law. (Ord. 2007-14 §10)

Sec. 18-15-50. Modification and forms.

The Building Official shall have the power to modify any of the provisions of the codes hereby adopted upon application in writing by the owner or lessee or his or her duly authorized agent when there are practical difficulties in the way of carrying out the strict letter of the codes, provided that the spirit of the codes shall be observed, public safety secured and substantial justice done. The particulars of such modification when granted or allowed and the decision of the Building Official shall be entered upon the Building Official's records, and a signed copy shall be furnished to the applicant. The Building Official is authorized to adopt any forms or documents as necessary to implement the provisions of this Chapter. (Ord. 2007-14 §10)

Sec. 18-15-60. Appeals.

An appeal to the Board of Appeals may be taken by any person aggrieved by his or her inability to obtain a building permit or certificate or by the Building Official or any City department or representative affected by the grant or refusal of a building permit or certificate. An appeal may be made to the Board of Appeals from any decision of the Building Official based upon or made in the course of the administration or enforcement of the building code, including without limitation a failure of an inspection or a claim that the provisions of the City's building codes do not apply or the true intent and meaning of the City's building codes have been misconstrued or wrongly interpreted. (Ord. 2007-14 §10)