Section 11-1-1. Title and References. This Ordinance, Chapter 11 of the Municipal Code of the City of Northglenn, shall be known and cited as the Northglenn Unified Development Ordinance (UDO). Whenever this document refers to "this Chapter," it shall mean this UDO. In the Municipal Code, references to the "Zoning Ordinance" or "Chapter 11 of the Municipal Code" shall mean this UDO.

[Source: Ord. 1766, 2019]

Section 11-1-2. Purpose and Intent.

Purpose. The purpose of this UDO is to protect the public health, safety, and welfare of the City through implementation of the policies and strategies from the City of Northglenn Comprehensive Plan.

Intent. This UDO is intended to:

Encourage and facilitate the most appropriate use of land throughout the City;

Designate, regulate, and restrict the location of buildings, structures, and land;

Regulate and limit the height, number of stories, and size of buildings and other structures;

Establish requirements for site layout, site development, and other dimensional, design, and development standards;

Regulate the subdivision of land in the City of Northglenn;

Provide for administration and enforcement of this UDO;

Protect the economic stability of existing land uses that are consistent with the Comprehensive Plan; and

Provide for utilities and facilities such as transportation, water, sewage, schools, parks, and other public requirements.

[Source: Ord. 1766, 2019]

Section 11-1-3. Authority. This UDO is adopted pursuant to the authority in the City of Northglenn Home Rule Charter and Colorado laws as applicable.

[Source: Ord. 1766, 2019]

Section 11-1-4. Applicability and Jurisdiction.

General Applicability. This UDO shall apply to all land, buildings, structures, and uses of the land, building, and structures located in the City of Northglenn.

Compliance Required.

No permit, certificate, license, or approval for any use that is subject to this UDO shall be issued or granted by any department, agency, City official, or City employee without full compliance with this UDO.

Any permit, certificate, license, or approval issued in violation of this UDO is void.

No building or structure shall be erected, converted, enlarged, reconstructed, or altered without full compliance with this UDO.

No lot of record that did not exist on the effective date of this UDO shall be created by subdivision or otherwise that does not comply with this UDO.

Conflicts with Other Ordinances. Whenever the standards in this UDO conflict with those required in the municipal code or other ordinances or regulations, as determined by the Director, stricter standards shall govern.

Private Covenants. Nothing in this UDO shall be construed to render inoperative any restrictions established by covenants running with the land unless such restrictions are prohibited by or are contrary to the provisions of this UDO.

[Source: Ord. 1766, 2019]

Section 11-1-5. Nonconformities.

Purpose. The purpose of this section is to regulate and limit the development and continued existence of legal uses (including accessory uses), structures, lots, and site features established prior to the effective date of this UDO, and any future amendments, that no longer conform to the requirements of this UDO. All such situations are collectively referred to in this section as "nonconformities." While nonconformities may continue, the intent of this Section is to curtail substantial investment in nonconformities to bring about their eventual elimination and to preserve the integrity of this UDO and the stated policies of the City of Northglenn.

Regulations Applicable to All Nonconformities.

Determination of Nonconformity Status. The burden of establishing the existence of a legal nonconformity shall be solely on the owner of property containing the nonconformity.

Maintenance and Minor Repair.

Minor repairs or maintenance of nonconformities are permitted and encouraged, provided that the repairs and/or maintenance do not increase the nonconformity of any structure, use, or lot. Maintenance and repairs that qualify as "minor" include the following:

Repairs necessary to maintain and to correct any damage or deterioration to the structural soundness of, or the exterior or interior appearance of, a building or structure, without expanding the building or structure;

Maintenance of land to protect against and mitigate health and environmental hazards;

Repairs that are required to remedy otherwise unsafe conditions; and

Repairs necessary to comply with current building code requirements.

Minor repairs and maintenance shall only be conducted in compliance with building code requirements and shall obtain the necessary permits pursuant to Chapter 10, Building Regulations.

Cumulative Enlargements, Expansions, Repairs, and Replacements. Requests, applications, or permits to enlarge, expand, repair, and/or replace uses, buildings, structures, and site features after the effective date of this UDO shall remain on record with the City. Any subsequent application or permit to enlarge, expand, repair, and/or replace uses, buildings, structures, and site features on the same property shall be cumulative to any prior request, application, or permit. The total square footage of such enlargements, expansions, repairs, and replacements shall be used to determine the applicability of the standards in this Section.

Change of Ownership or Tenancy. Changes of ownership, tenancy, or management of property with an existing nonconformity may occur, but such nonconformities shall continue to be subject to the standards of this Section.

Violation of Law Not Allowed. Nothing in this section shall be construed as authorizing violation of any law.

Nonconforming Uses.

Applicability. This section applies to land uses that were legally established but do not comply with one or more standards in this UDO.

Continuation of Use. Existing lawful uses of land that are no longer permissible under the terms of this UDO as enacted or amended may be continued subject to the following:

No nonconforming use shall be enlarged, increased, or extended to occupy a greater area of land than occupied on the effective date of this UDO.

No nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date this UDO.

Expansion of an Unpermitted Use Not Permitted. Enlargement, increase, or extended occupancy of a use not allowed in the zoning district in which it is located shall be prohibited.

Change in Use. A use not currently allowed in the zoning district in which it is located may be converted to an allowable use in the applicable zoning district pursuant to the following:

The change in use shall not create any additional nonconforming situations or increase any existing nonconformity;

Any new improvements necessitated by the change in use shall conform to all district-specific standards of the applicable zoning district, and use-specific standards applicable to the new use;

Any expansion associated with a proposed change in use shall comply with the applicable provisions of this UDO; and

Any change in use that requires a special use permit, temporary use permit, PD approval, and/or rezoning shall only be allowed if the proposed use and site improvements, other than existing nonconforming structures, comply with applicable provisions of this UDO.

Discontinuance of Use.

A nonconforming use not used for 180 consecutive days shall not be reestablished, and any subsequent use of the land, building, or structure shall comply with this UDO.

The Director shall notify the property owner in writing if a nonconforming use has not been used for 180 consecutive days.

A property owner whose nonconforming use has not been used for a period of 180 consecutive days may request an administrative determination from the Director whether or not the nonuse of the property was due to some conduct within the control of and attributable to the property owner or a previous property owner. If the nonuse is determined not to be due to conduct within the control of and attributable to the property owner or a previous owner, then the nonconforming use may be reestablished.

Nonconforming Structures.

Applicability. This section applies to structures that were legally established but do not comply with one or more standards in this UDO.

Damage or Destruction.

When a nonconforming structure is damaged to the extent of 50 percent or more of its assessed value at the time of damage, it shall not be restored except in compliance with this UDO.

When a nonconforming structure is damaged to the extent of less than 50 percent of its assessed value at the time of damage, it may be restored provided any restoration is started within 180 days and is completed within two years from the date of damage.

Expansion of a Nonconforming Structure. An expansion of a nonconforming structure may be allowed if the expansion complies with all provisions of this UDO. An expansion shall not increase the level of any nonconformity.

Movement of a Nonconforming Structure. A nonconforming structure shall only be moved if such movement places the structure in a location that complies with the provisions of this UDO.

Nonconforming Lots.

Applicability. This section applies to lots that were legally established but do not comply with one or more standards in this UDO.

Nonconforming by Virtue of Enactment. If a lot is made nonconforming by virtue of enactment of this UDO, the lot may be developed provided that the proposed development complies with all requirements of this UDO except for lot size and/or lot dimensional standards.

Change in a Conforming Use or Structure when Lot Size is only Nonconformity. If a modification to a use or structure is proposed on a property where the only nonconformity is the lot size, then the use or structure shall be allowed without requiring a special use permit as long as the new proposed use complies with any applicable use-specific standards pursuant to Section 11-3-3.

Nonconforming Site Features.

Applicability.

For purposes of this section, the term "nonconforming site feature" includes any stormwater and drainage facility, driveway, off-street parking or loading area, landscaping, buffer, screening, or exterior lighting that lawfully existed before becoming noncompliant with the development standards in this UDO, as well as the lack of any such feature required by subsequently enacted City development standards.

A nonconforming site feature may continue to exist even though it does not conform to current applicable standards of this UDO, subject to the requirements of this section.

No action shall be taken that increases the degree or extent of a nonconforming site feature unless the site feature is brought into conformance with this UDO or otherwise approved through an application allowing such increase in nonconformity pursuant to the procedures in Article 6: Administration and Procedures.

Nonconforming Parking.

Continuation of Nonconforming Parking. Any parking spaces or access to public rights-of-way lawfully existing on the effective date of this UDO that are made nonconforming by virtue of enactment of this UDO shall be allowed to continue, provided that:

Any change in use or expansion of any use or structure shall only be permitted if the additional number of parking spaces required by the expansion or change in use is provided according to Section 11-4-6(e).

Nonconforming parking areas shall not be expanded. When additional parking is required by this UDO, all new parking areas shall comply with this UDO.

Upgrading Nonconforming Parking. Nonconforming off-street parking facilities shall be upgraded to achieve full compliance with this UDO's off-street parking standards in conjunction with the following development of the site containing the nonconforming parking:

An addition to or expansion of one or more structures that, over a two-year period, would increase the total gross floor area of the structures (as shown by Building Permit applications) by more than 50 percent; or

A remodeling of one or more structures that, over a two-year period, would cost (as shown by Building Permit applications) more than 50 percent of the current assessed value of the structures.

Upgrading Nonconforming Buffers, Landscaping, Screening, and Outdoor Lighting. Except for properties with single-family, duplex, or manufactured home dwellings, nonconforming buffers, landscaping, screening, and outdoor lighting shall be upgraded to achieve full compliance with this UDO's buffer, landscaping, screening, and outdoor lighting standards if the site containing those nonconforming site features is proposed for any of the following:

An increase in the total square footage of vehicular use area;

A structural addition that increases the combined total gross floor area of all existing structures on a lot by more than 25 percent;

Building elevation changes involving 50 percent or more of the exterior walls of a roofed structure on the property within a two-year period, excluding minor cosmetic items such as painting, lighting fixtures, and awnings. A modification to only part of an elevation shall constitute a change in the entire elevation of that exterior wall; or

An expansion of outdoor operations, storage, or display areas on a site containing nonconforming buffers or screening that increases the gross square footage of such areas.

Upgrading Nonconforming Fencing.

Nonconforming fencing shall be upgraded to achieve full compliance with the UDO if repairs or replacement of such fencing involves 25 percent or more of the total linear feet of that portion of the fence that is nonconforming.

Minor maintenance of fencing such as painting, refinishing, or replacing minor components shall not be considered repair or replacement requiring conformance with this standard.

Compliance to the Maximum Extent Practicable. Where full compliance with the requirements of this subsection is precluded by a lack of sufficient developable area due to the size of the lot, the layout of existing development, or the presence of significant wetlands, floodplains, watercourses, or other significant environmental constraints, the applicant shall comply with the requirements of this section to the maximum extent practicable, as determined by the Director. In making such determination, the Director shall consider the following:

The application meets the overall intent of the UDO; and

The application imposes no greater impacts on adjacent properties than would occur through strict compliance with the UDO.

[Source: Ord. 1766, 2019]

Section 11-1-6. Enforcement.

Purpose. This section identifies violations of this UDO and establishes procedures for the City to ensure compliance with this UDO and to correct violations. This section also sets forth the remedies and penalties for violations of this UDO.

Continuation of Prior Enforcement Actions. Nothing in this UDO shall prohibit the continuation of previous enforcement actions undertaken by the City pursuant to the previous regulations.

Violations. Each of the following activities constitutes a violation of this UDO:

Activity Inconsistent with this UDO. Any erection, construction, reconstruction, remodeling, alteration, maintenance, expansion, movement, or use of any land, building, structure, or sign that is inconsistent with this UDO.

Activity Inconsistent with Permit or Approval. Any development, use, or other activity that is in any way contrary to the terms or conditions of any permit or approval required to engage in such activity under this UDO.

Continuation of Violations. From the date that a notice of violation is issued by the City, each day that a violation occurs or remains uncorrected shall constitute a separate and distinct violation of this UDO.

Penalties and Remedies. The Director shall have the following powers to enforce this UDO:

Deny, Withhold, or Revoke Entitlements.

The Director shall have the power to deny, withhold, or revoke permits for violation of this UDO or violations of any conditions imposed. The Director shall provide written notice to the violator at the address contained in the permit, clearly and concisely alleging the violation, and directing the violator to appear at a time certain before the authority not less than 10 days or more than 30 days after the date of the notice.

The Director shall request a public hearing by the City Council to determine the nature and extent of the alleged violation and shall have the power, on good cause being shown, to deny, withhold, or revoke the permit issued to the violator, to require the violator to take corrective measures, or to direct employees or agents of the City of Northglenn to enter onto the premises and to take the corrective measures required by the Director and/or the City Council, the cost to be assessed against the violator.

Any entitlement or other form of authorization may be denied, withheld, or revoked after notice and a hearing, when the Director determines that:

There is a departure from the approved plans, specifications, limitations, or conditions as required under the entitlement;

The entitlement was established by false representation;

The entitlement was issued in error; or

There is any other violation of this UDO.

Stop-Work Orders.

Issues and Activities Warranting a Stop-Work Order.

The Director may issue a stop-work order whenever any building, structure, site, or portion of a building, structure, or site is being demolished, constructed, reconstructed, altered, or repaired in a hazardous manner, in substantial violation of any state or local building law, or in a manner that endangers life or property.

The Director may issue a stop-work order on any property with an uncorrected violation of this UDO or approval issued under this UDO.

Procedures for Issuing Stop-Work Order.

A stop-work order shall be in writing and directed to the person doing the work, and shall specify the provision of this UDO or other law in violation.

If a stop-work order is issued, no work shall proceed on any building, structure, site, or portion of a building, structure, or site subject to the order except to correct a violation or to comply with the order.

Once conditions cited in the stop-work order have been addressed to the satisfaction of the Director, the Director shall rescind the stop-work order.

Violation of a Stop-Work Order. Violation of a stop-work order shall be considered a public nuisance pursuant to Section 9-11-3 of the Municipal Code.

Criminal and Civil Penalties. Any violation of any of the provisions of this UDO shall be punishable as provided in Section 1-1-10(a)(2) of the Municipal Code.

Injunctive Relief. The Director may seek injunctive relief or other appropriate relief in a court of competent jurisdiction when the Director believes that a violation of this UDO or violation of any condition imposed on an approval issued under this UDO present a serious threat to the public health, safety, and welfare.

Abatement. The City may abate a violation pursuant to the Northglenn Municipal Code.

Authorized Officers.

Any person employed in the Planning and Development Department as Director, Chief Building Official, Building Official, Building Inspector, and any person employed by the City as a Neighborhood Services Officer or Police Officer shall be an "Officer of the City" for the purposes of enforcing this UDO.

Any such Officer of the City shall be and is hereby authorized to enter upon and inspect any public or private property in the City of Northglenn for the purpose of:

Enforcing any part of this UDO;

Investigating or determining compliance of any land, building, structure, or use with this UDO, or any condition imposed as part of a permit or approval; or

Making any inspection required by this UDO, another ordinance, or statute.

[Source: Ord. 1766, 2019]

Section 11-1-7. Severability.

If any provision of this UDO is invalidated by a court of competent jurisdiction, such judgment shall not affect the validity of the remaining provisions of this UDO.

If any application of any provision of this UDO is invalidated by a court of competent jurisdiction, such judgment shall not affect the application of that provision to any other parcel, building, structure, or use not specifically included in that judgment.

If any condition attached to an approval of an application for development is invalidated by a court of competent jurisdiction, such judgment shall not affect any other conditions attached to the same approval unless specifically included in that judgment.

[Source: Ord. 1766, 2019]