ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAMAR AMENDING CHAPTER 22 FOR SUBDIVISIONS REGULATIONS OF THE MUNICIPAL CODE

WHEREAS, Colorado Revised Statutes § 31-15-401 grants general police powers to the City Council to promulgate ordinances for the health, safety and welfare of the public; and

WHEREAS, the City of Lamar, Colorado (“City”) is a Home Rule Municipal Charter of the State of Colorado, duly organized and operating under the constitution and laws of the State of Colorado; and

WHEREAS, the City of Lamar’s City Council directed the Planning and Zoning Commission to complete a comprehensive update to Chapter 22, Subdivisions regulations, to promote the future development of the City in accordance with the adopted 2025 Comprehensive Plan; and

WHEREAS, the City of Lamar Planning and Zoning Commission held a public hearing on September 9th, 2026 and recommended amendments to Chapter 22 Subdivisions with the recommended code updates herein.

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAMAR, COLORADO, AS FOLLOWS:

Section 1. That Section 22-3 of the Lamar Municipal Code, is amended by the addition of the following definitions, to appear in alphabetical order:

Section 22-3 Definitions.

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.

Secretary means the building department appointed secretary of the planning and zoning commission.

Townhouse or townhouse subdivision means a building consisting of fee simple estates to individual units having common vertical walls, together with fee simple title to the land on which each unit is built and any yard and parking space appurtenant to said unit; and any easements for ingress and egress and for installation, replacement, repair and maintenance of utilities appurtenant to a unit. No townhouse or townhouse project shall have common horizontal walls. No more than one primary structure or more than one single parcel may be part of a townhouse subdivision.

Section 2. That Section 22-4 of the Lamar Municipal Code is repealed and replaced to read as follows:

Sec. 22-4. Pre-application.

(a) Discussions with the City Building Department are in particular recommended in order with Article I of this chapter to obtain the necessary basic information and regulations. Further information should be sought and obtained from an attorney and an engineer or land surveyor by any person contemplating platting a parcel of land. The City Building Department shall consult with and inform other appropriate city officials as necessary regarding any proposed subdivision.

(1) For subdivisions proposing utility or road extensions, applicants must demonstrate how the subdivision will comply with the requirements of Article III. Improvements. Applicants shall prepare a narrative on how the subdivision will install the required utility extensions, roadway improvements, and other public improvements needed for the proposed subdivision.

(b) In the discussion with the City Building Department, a pre-application sketch plan shall be submitted in order to resolve possible points of disagreement and in order to clarify the developer's intent.

(c) The sketch plan and accompanying documents, if any, shall contain at least the following information:

(1) Layout of streets and lots;

(2) Existing and proposed covenants and zoning;

(3) Grading and Drainage plan;

(4) Available utilities;

(5) Construction types and sizes;

(6) Price ranges;

(7) Proposed commercial uses;

(8) Relation to traffic arteries, schools, churches and shopping; and

(9) Title work or deeds of trusts to determine property interests and verification of legal descriptions.

(d) The sketch plan shall be to approximate scale, but need not be drawn mechanically.

(e) Upon review of the sketch plan, the City staff may recommend a nonbinding work session for preliminary feedback from City Council prior to a formal application for Preliminary Plat. This work session shall allow the applicant to receive nonbinding feedback on the design and layout, requirements for infrastructure upgrades, waiver requests, phasing, potential city economic incentives, or other feedback before the applicant begins engineering design and surveying plans as required in Sec. 22-5 Preliminary Plat.

Section 3. That Section 22-5 titled Preliminary plat subsections (c), and (f) (1) (g) of the Lamar Municipal Code are amended to read as follows:

(c) The subdivider shall submit a digital file and ten copies of the preliminary plat as well as a digital file and ten copies of a vicinity map, if the vicinity map is not on the preliminary plat, showing the location of the proposed subdivision. These plans shall be filed with the secretary at least ten days prior to the regular planning and zoning commission meeting at which the preliminary plat is to be considered. A sample plat is available in the building department.

(f)(1) g. The school district, and, where applicable, special utility districts, Prowers County, and the state department of transportation.

Section 4. That Section 22-6 titled Final plat. subsections (a) (1), (2), (c) (2), and (d) (2) of the Lamar Municipal Code are amended to read as follows:

Section 22-6 Final Plat

(a) Submission.

(1) After approval of the preliminary plat, the subdivider shall submit a final plat, for each phase if applicable, for recording purposes to the secretary of the planning and zoning commission. Such plat shall be accompanied by the required filing fee. A sample plat is available in the building department.

(2) The original (on Mylar, tracing cloth or similar material), digital file, and ten prints thereof shall be

submitted to the secretary of the planning and zoning commission at least ten days prior to the planning and zoning commission public hearing.

(c) (2) As a condition to the approval of a final plat, the subdivider or landowner shall agree to install improvements as noted and specified in article III of this chapter. In the event that public improvements or infrastructure is required by the planning and zoning commission, a subdivision improvement agreement shall be drafted by the City Attorney memorializing any required improvements, performance bonding, city incentives, and/or phasing of improvements. This agreement shall be approved by City Council with the Final Plat and recorded with the Prowers County Clerk and Recorder simultaneously with the Final Plat.

(d) (2) Also required is a final survey of utilities, as installed, to be submitted to the city engineer. It can be a simplified version of the engineering drawings, but it should record the necessary minor changes of location that are always made in the course of construction. Final release of performance bond will be withheld until as builds are accepted by the secretary.

Section 5. The Lamar Municipal Code, is hereby amended by the addition of Section 22-7 titled Condominiums to read as follows:

Sec. 22-7. Condominiums

(a) For condominium subdivision, applicants shall be required to undergo the preliminary plat review in accordance to Section 22-5 with the planning and zoning commission prior to beginning construction or development onsite. Once “as-built” surveys are prepared, a final plat pursuant to Section 22-6 is required. In addition to the review process described in this chapter and the subdivision submittal requirements described in Sections 22-5 and 22-6, an application for a condominium plat approval shall contain the following additional 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 and land area;

(4) Statement of the total number of units shown on the proposed plat; and

(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. Final approval is subject to the review by the City Attorney before the filing of the final plat.

(b) For condominium projects requiring building permits, the applicant shall submit detailed engineering or architectural plans and specifications for all improvements, whether private or public. The City building department shall determine what documentation is necessary for building permit approval.

(c) After buildings have been constructed and final "as-built" surveys have been completed, the applicant shall submit, to City Council, 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 Council based upon an "as-built" survey of the unit boundaries and such plat has been recorded in the real estate records of Prowers County. A plat note to this effect shall be included on the Final Subdivision Plat for each condominium development.

Section 5. The Lamar Municipal Code, is hereby amended by the addition of Section 22-8 titled Townhouses of the Lamar Municipal Code is hereby added to read as follows:

Sec. 22-8. Townhouses

A Townhouse conversion subdivision is subject to the review process established in this Chapter, Sec. 22-4, Sec. 22-5, and Sec. 22-6, if more than the individual Townhouse lot is being subdivided. If only a single Townhouse lot is being created, the City Council shall review and approve a Final Plat in accordance with Section 22-71. No preliminary plat or planning and zoning commission approval or plat signature is required for individual Townhouse subdivisions that conform to all other zoning requirements of Chapter 30, if a building permit is filed. The subdivision of existing structures shall require a submittal of a survey and plans to the building department that demonstrate compliance with this section. The subdivision plat of a single lot on which an existing Townhouse dwelling is located or is to be constructed, into two (2) or more separate lots will be approved by City Council if all of the following conditions have been met:

(1) Common wall. The Townhouse is to be divided along a building 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 shall be 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 of the proposed Townhouse lots or dwelling units.

(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 townhouse lots shall be subject to the setback requirements for the underlying zone district in which the lots are located.

(5) Lot size. Each separate single lot within a townhouse subdivision created shall meet the minimum lot size (square feet) for the underlying zone district in which the lots are located. The individual townhouse lots proposed may deviate from the minimum lot size, however they shall be the same size, or approximately the same size to each other.

Section 6. The Article III. titled Improvements is hereby numbered to Article IV.

Section 7. The Lamar Municipal Code, is hereby amended by the addition of a new Section 22-11 to 22-12, to Article III. Titled Subdivision Exemptions, to read as follows:

ARTICLE III. SUBDIVISION EXEMPTIONS.

Sec. 22-11 Purpose.

Subdivision exemptions do not create additional lots or interests 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. Subdivision exemption plats are also used to correct errors on a subdivision plat. The subdivision exemption process is limited to applications that affect no more than ten (10) lots within a subdivision and does not create any new lots. Subdivision exemptions 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. The recording of boundary line plats or other plats required to be recorded by a licensed surveyor that do not create additional lots are eligible to be reviewed in accordance to this Article.

Sec. 22-12. Approval Process.

(a) Preapplication required. The applicant shall submit a sketch plan to the building department to be

reviewed in accordance with Section 22-4. The plat shall contain all necessary information as deemed

necessary by the City and the licensed surveyor of record in compliance with Section 22-6. All lots

contained within the subdivision exemption shall meet the underlying zone district requirements of Chapter

30 zoning.

(b) Approval. Once reviewed by the required City departments for compliance with the code, the subdivision exemption shall be placed on a City Council agenda in accordance with Section 22-71 for final approval. The posting of the Subdivision exemption on a Council agenda shall constitute the required public notice for these applications. The mayor shall sign the subdivision final plat on behalf of the City’s approval. No public hearing is required by the planning and zoning commission concerning the final plat.

(c) Recording. Upon approval by the City, the applicant shall submit the required digital file/mylars, and copies with all required signatures executed. The applicant shall be responsible for all recording fees assessed by the Prowers County Clerk and Recorder.

Sec. 22-12. Type of Subdivision Exemptions.

(a) Amended Plats. Amended plats typically correct errors in a previously recorded plat, or adjust the reconfiguration, division or aggregation of existing platted lots.

(b) 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 to make both lots conforming. The lot lines between contiguous lots that 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 and Chapter 30 zoning. 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.

(c) 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. A lot line elimination meeting the requirements established herein shall be approved if the following conditions are met:

(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.

Section 8. That Section 22-33 titled Minimum requirements of the Lamar Municipal Code table, is hereby amended to include the additional classification and width as follows:

Section 9. That Section 22-63 titled Generally. Sections (a) (6) and (b) (1) of the Lamar Municipal Code, is hereby amended to read as follows:

(a)(6) Sidewalks shall be installed on both sides of all streets and shall have a minimum width of five feet and meet ADA requirements unless otherwise waived by the City Council.

(b) (1) A subdivision improvements agreement shall be prepared by the City Attorney and approved by the City Council for required public improvements or bonding as required in this article at Final Plat.

Section 10. That Section 22-63 titled Generally. Section (a) (4) of the Lamar Municipal Code, is hereby deleted and the remaining subsections to be renumbered in sequential order.

Section 11. That Section 22-64 titled Financing of required improvements. Sections (a)(2) of the Lamar Municipal Code, is hereby amended to read as follows:

(2) Street and road construction for all minor street improvements, including base, grading, curbs, gutters, sidewalks, pavement, street trees, street name signs, culverts and bridges;

Section 12. That Section 22-66 titled Guarantees of performance. Sections (a) and (b) of the Lamar Municipal Code, is hereby amended to read as follows:

1. Before acceptance of a plat by the City Council, the subdivider shall have designated all necessary streets and alleys in the proposed subdivision together with sidewalks, curbs and gutters, in accordance with the requirements that the City Council may impose and specify as to grading, paving, width, location, drainage, courts, culverts, bridges and other necessary requirements. The subdivider shall enter into a written agreement with the City Council wherein the subdivider shall have deposited a performance bond in an amount established by the City Council, or have deposited with the city sufficient funds to cover the cost of such improvements, or provide other improvement guarantees acceptable to the City Council, which shall be recorded in the office of the County Clerk. The amount of the performance bond or the funds in escrow shall be determined from the cost estimates as specified in this article.
2. The City Council shall also require a maintenance bond to remain in effect for one year from acceptance of said improvements, to be posted by the subdivider to ensure the repairs to any installations after completion and acceptance by the city that are made necessary due to negligence, whether intentional or accidental, by the subdivider. Such required repairs might include, among others, the following:
3. Damage to streets and highways caused by transporting heavy construction equipment over them; or
4. Cutting and breaking street improvements to provide additional utility connections.

Section 13. That Section 22-71 titled Submission to city council. Section (b) of the Lamar Municipal Code, is hereby amended to read as follows:

(b) Upon receipt of any approved final plat from the planning and zoning commission and its recommendation thereon, the City Council shall schedule a public hearing upon said final plat and planning and zoning commission recommendation. Notice of such public hearing shall be given by posting of the premises proposed to be subdivided, and by publication in the manner of other legal publications at least fifteen days prior to the date of such public hearing. Following public hearing, the City Council, in its discretion, may approve, approve as modified or disapprove any such final plat and required agreements submitted.

Section 14. Repealer. All ordinances, resolutions, bylaws and regulations of the City in conflict with this Ordinance are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any ordinance, resolution, bylaw or regulation, or part thereof, heretofore repealed.

Section 15. Severability. If any section, paragraph, clause or provision or part this Ordinance shall be held invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any other provision of this Ordinance.

Section 16. Effective Date. This Ordinance shall be in full force and effect 30 days after publication following final passage and adoption.

INTRODUCED, READ IN FULL, PASSED ON FIRST READING AND ORDERED PUBLISHED this 14th day of September, 2026.

CITY OF LAMAR, COLORADO

ATTEST: By

Kirk Crespin, Mayor

By

Linda Williams, City Clerk

PASSED ON SECOND READING AND ORDERED PUBLISHED this_______day of________, 2026.

CITY OF LAMAR, COLORADO

ATTEST: By

Kirk Crespin, Mayor

By

Linda Williams, City Clerk

Published September 25, 2026

In the Kiowa County Press.