The Land Use Code of the city of Cortez is hereby adopted by reference in accordance with the provisions of article III, section 11 of the Cortez City Charter and shall have the same force and effect as if the Land Use Code were recited in its entirety. The text of the Land Use Code in its entirety is available for public inspection and acquisition in the office of the city clerk. In summary, the Land Use Code contains: general provisions; provides definitions of terms; establishes zoning districts; establishes subdivision regulations; creates site development standards; and provides procedures and the administration thereof. (Ord. No. 814 § 1.)

The Land Use Code contains a general provisions chapter with the following sections: enactment and repeal; purpose; jurisdiction; minimum standards; conflict with private restrictions; consistency with the comprehensive plan; municipal services outside of city boundaries (reserved); proposed subdivisions within three miles of the city boundaries; nonconforming provisions; enforcement and penalties; fees; vested property rights; and severability. (Ord. No. 814 § 2.)

The Land Use Code contains a chapter with rules of construction, definitions, and interpretations with the following sections: rules of construction of language; definitions; and interpretations. (Ord. No. 814 § 3.)

The Land Use Code contains a zoning district regulations chapter with the following sections: scope and applicability; districts established; official zoning map; temporary zoning of annexed territory; use regulations; area regulations; RE residential estate district; R-1 residential single-family district; R-2 residential multi-family district; MH residential mobile home district; O open district; CBD central business district; C commercial district; NB neighborhood business district; I industrial district; PUD planned unit development district (reserved). (Ord. No. 814 § 4.)

The Land Use Code contains a subdivision standards chapter with the following sections: scope and applicability; building lots; streets and alleys; easements; public land dedication; drainage; water supply; sewage treatment; underground utilities; impact fees (reserved). (Ord. No. 814 § 5.)

The Land Use Code contains a site development standards chapter with the following sections: scope and applicability; parking, loading, and access; sidewalks; fences and walls; trees, landscaping and screening; signs; and performance standards. (Ord. No. 814 § 6.)

The Land Use Code contains an administration and procedures chapter with the following sections: planning and zoning commission; zoning map and land use code amendments; preliminary plats; final plats; improvements agreements and performance guarantees; acceptance of subdivision improvements; mandatory homeowners’ association; replats and plat amendments; conditional use permits; minor subdivision plats; annexations; board of adjustments; appeals; variances; special exceptions; temporary use permits; sign permits; zoning development permits; certificates of occupancy; administrative officials. (Ord. No. 814 § 7.)

The Land Use Code contains an appendices chapter with the following: (a) zoning development permit application form; (b) improvements bonding agreement template; and; (c) floodplain development ordinance. Appendix A and Appendix B are declared to be administrative in nature and therefore shall not be subject to the amendment procedures required for amendments to the Land Use Code. Appendix C is a recodification of an existing ordinance and shall be subject to amendment in the manner prescribed by the City Charter for the adoption of ordinances. (Ord. No. 814 § 8.)

Upon the adoption of the Land Use Plan, the following are hereby repealed in their entirety: The Zoning Ordinance of the city of Cortez, Colorado (“City”) originally adopted on March 7, 1946, with Ordinance No. 184, Series 1946, together with all amendments thereto; and the City of Cortez Subdivision Regulations, passed and approved on May 24, 1983, with Ordinance No. 600, Series 1983, together with all amendments thereto; and any other ordinance, resolution, or regulations inconsistent with this Code, except that Resolution No. 8, Series 1995, a moratorium on billboards is extended twelve months from the enactment of the ordinance codified in this chapter in order to provide the council with adequate time to study alternatives and that council may provide for further extensions by adoption of the resolution so stating if deemed to be in the best interest of the city. (Ord. No. 814 § 9.)

(a) Any person, firm or corporation who shall violate any of the provisions of the Land Use Code or who shall fail to comply with any provisions thereof within the city of Cortez shall be guilty of a misdemeanor and upon conviction shall be subject to a fine not to exceed five hundred dollars or imprisonment not to exceed one hundred eighty days or both such fine and imprisonment. Each day any such violation or noncompliance continues shall constitute a separate and distinct offense.
(b) Any person, being the owner or agent of the owner of any land located within a subdivision, who transfers or sells, agrees to sell, or negotiates to sell any land by reference to or exhibition of or by use of plat of a subdivision, before such plat has been approved by the city council and recorded in the office of the Montezuma County clerk and recorder, shall pay a penalty to the city of five hundred dollars for each lot or parcel so transferred, or sold, or agreed or negotiated to be sold. Each day any violation or noncompliance continues shall constitute a separate and distinct offense.
(c) The penalties provided herein shall be cumulative of other remedies provided by state law as provided in C.R.S. section 31-23-216.5 or 31-23-308 and the power of injunction may be exercised in enforcing the Land Use Code whether or not there has been a criminal complaint filed. (Ord. No. 814 § 10; amended by memo 3519.)

The Land Use Code and Official Zoning Map shall be in force and effect beginning June 1, 1996. (Ord. No. 814 § 11.)

The 2008 city of Cortez Comprehensive Plan as adopted by reference through P&Z Resolution No. 14, Series 2008, containing Appendices A through E, as the current master plan for the city, is available in the city clerk’s office. (Ord. No. 1118.)