4800 West 92nd Avenue Westminster, CO 80031

City Government

 

1. General Provisions, Administration and Enforcement

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01/13

CHAPTER 1

GENERAL PROVISIONS, ADMINISTRATION AND ENFORCEMENT

11-1-1:  PURPOSE
11-1-2:  GENERAL AUTHORITY
11-1-3:  VIOLATIONS
11-1-4:  INTERPRETATION
11-1-5:  PENALTIES AND REMEDIES
11-1-6:  LAND USE AND DEVELOPMENT REVIEW FEE SCHEDULE

11-1-1:  PURPOSE:  (2534 3497)  This Title is enacted to preserve and promote the public health, safety, and welfare of the inhabitants of the City of Westminster and of the public generally and to encourage and facilitate the orderly growth and expansion of the City.  This Title combines the provisions more commonly found in separate zoning, subdivision, growth management, building, floodplain, and numerous other ordinances into a single land use and development code that will cover all phases of development from annexation through certificate of occupancy.  The intent of the unified approach is to:

(A) Address the changes in the way land development occurs.  Current land development practices blur the traditional distinctions between zoning, plan approval, and subdivision and, typically, contain a variety of residential and non-residential uses in a single development plan.

(B) Include all types and stages of development under one title and provide for the convenience of those using the development process.

(C) Avoid overlapping, conflicting, or inconsistent code provisions.

11-1-2:  GENERAL AUTHORITY:  (2534)  This Title is enacted pursuant to the home rule provisions of Article XX of the Colorado Constitution and the authority and powers contained in the City Charter of the City of Westminster including, but not limited to, Chapters 2, 4 and 11.5 thereof.

11-1-3:  VIOLATIONS:  (2534 2797 3491 3497 3634 3664)

(A) Unless otherwise permitted by this Code, it shall be unlawful for any person to:

(1) Use, occupy, or sell any land or building, or authorize or permit the use, occupancy, or sale of any land or building under the person's control except in conformance with all applicable provisions of this Title.
(2) Use, occupy, or sell any land or building or authorize or permit the use, occupancy, or sale of any land or building except in conformance with all applicable requirements and/or restrictions including, but not limited to:
(a) any zoning district requirements and restrictions, including PUD (Planned Unit Development) zones,
(b) the contents of any Preliminary Development Plan (PDP), Official Development Plan (ODP), or Final Plat,
(c) the contents of any approved engineering construction drawings, engineering drawings, building construction drawings, and any public or private improvement drawings,
(d) the terms, conditions and covenants of any annexation agreement, public and/or private improvements agreement, development agreement, or any agreement entered into pursuant to the provisions of this Title,
(e) the contents of any approved drainage, traffic, or utility study, and
(f) the terms and conditions of any approved variance or exception.
(3) Construct, reconstruct or alter any building or structure authorize the construction, reconstruction or alteration of any building or structure under the person's control except in conformance with all applicable provisions of this Title and with all applicable requirements and/or restrictions including, but not limited to:
(a) any zoning district requirements and restrictions, including PUD (Planned Unit Development) zones,
(b) the contents of any Preliminary Development Plan (PDP), Official Development Plan (ODP), or Final Plat,
(c) the contents of any approved engineering construction drawings, building construction drawings, and any public or private improvement drawings,
(d) the terms, conditions and covenants of any annexation agreements; public and/or private improvements agreement, development agreement entered into pursuant to the provisions of this Title,
(e) the contents of any approved drainage, traffic, or utility study, and
(f) the terms and conditions of any approved variance or exception.
(4) Utilize any yard or other open space provided about any building for the purpose of complying with provisions of this Title to provide a yard or other open space for any other building.  No yard or other open space on one lot shall be considered as providing a yard or open space for a building on any other lot.
(5) Construct, reconstruct, alter, or change the use of any building or other structure, including signage, within the City without obtaining a building permit from the Building Official or his authorized representative.  No permit shall be issued unless the plans of and for the proposed construction, reconstruction, alteration, demolition, or use fully conform to the zoning regulations then in effect.  No business license shall be issued by the City Clerk without being furnished a written notice from the Planning Manager and Building Official, or their designees, that the use of the premises proposed is in conformance with the requirements of the provisions of this Title.
(6) Use, occupy or authorize the use or occupancy of any land or building for any use that is unlawful under any state or federal law; provided, however, that this provision shall not apply to uses within any residential zoning district deemed to be permitted under Article XVIII, Sections 14 or 16, of the Colorado Constitution.

(B) For purposes of this Section, the "use" or "occupancy" of a building or land relates to anything and everything that is done to, on, or in that building or land.

11-1-4:  INTERPRETATION:  (2534 3497)  The provisions of this Title shall be held to be minimum requirements adopted for the promotion of the public health, safety, and welfare.  Whenever the requirements of this Title are at variance with any other provision of this Code, any other duly adopted City ordinance, or any duly promulgated rule or regulation of the City, the more restrictive, or that imposing the higher standards, shall govern.  Any action or approval authorized in this Title to be taken or granted by the City Manager, may be taken or granted by the City Manager's designated representative. 

11-1-5:  PENALTIES AND REMEDIES:  (2534)

(A)  Any person, either as owner, lessee, occupant, or otherwise, who violates any of the provisions of this Title, or any amendment thereof, or who interferes in any manner with any person in the performance of a right or duty granted or imposed upon him by the provisions of this Title, shall be deemed guilty of a criminal misdemeanor and upon conviction shall be punished in accordance with the provisions of section 1-8-1 of this Code.

(B)  Any building or structure which is, or is proposed to be, constructed, reconstructed, altered, maintained, or used and any land which is proposed to be used, in violation of any provision of this Title or any amendment thereof, is hereby declared to be a public nuisance and the City, or any owner of real estate within the City, in addition to other remedies provided by law, may institute injunction, mandamus, abatement or any other appropriate action or proceeding to prevent, enjoin, abate, or remove such unlawful construction, reconstruction, alteration, maintenance, or use.

11-1-6:  LAND USE AND DEVELOPMENT REVIEW FEE SCHEDULE: (2598 3031 3152 3497 3599 3664) 

(A) An applicant for any of the following land use or development reviews shall pay in advance the corresponding fee or fees: 

(1) Review Fees:  
PDP or amendment - Concept Review $350 (x) sq. rt. of acres ($350 min.)
PDP or amendment - Technical Review $350 (x) sq rt. of acres ($350 min.)
ODP or amendment - Concept Review $400 (x) sq. rt. of acres ($400 min.)
ODP or amendment - Technical Review $400 (x) sq. rt. of acres ($400 min.)
Combined PDP/ODP (including amendments)
     Concept Review $550 (x) sq. rt. of acres ($550 min.)
     Technical Review $550 (x) sq. rt. of acres ($550 min.)
Zoning or Rezoning $500
Annexation $300
Comprehensive Land Use Plan Amendments $500
Administrative Amendment (PDP/ODP)
$250
Minor Administrative Amendment (PDP/ODP)
$75
ODP Waiver $250
Special or Conditional Use Permit $450
Temporary Use/Special Event Permit $100
Construction Drawing Reviews

$750 + $75 (x) sq. rt. of acres ($1125 max)

   (Construction Drawing Reviews may include, but are not limited to, Final Plats, Address Plats, Construction Drawings, R.O.W. Permits and Public Improvements Agreements)
Minor Replat (Lot Line Adjustment) $300
Vacations (R.O.W. and Easements) $300
Land Disturbance Permits $250
Development Sign Posting Fee
$50
Variance
$250
(2) Other Service Fees  
Zoning Verification Letter $50
Affidavit of Correction $100
Recording Fees for plats and plans $50 + $20/page
Recording Fees for letter and legal size E-filing
$10/page
Flood Plain Information (non-residential only) $20
Scheduling and Conducting Public Hearing $350/hearing
(3) Document Fees  
Plan Submittal Guidelines $20
Comprehensive Land Use Plan $25
Northeast Comprehensive Development Plan $5
Copies of plans on file $5/page
Copies of documents (up to 20 pages) on CD
$5/CD

 

(B) Applications requiring additional or modified submittals will be considered abandoned if the required submittal or re-submittal is not made within 180 days of the last submittal date and a new application and new fee will be required.

 

 

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