Section 11-4-1. General Purpose and Applicability.

Purpose. This article includes standards that regulate the physical layout and design of development in Northglenn to ensure the protection of the health, welfare, safety, and quality of life. These standards address the physical relationship between development and adjacent properties, public streets, neighborhoods, and the natural environment, to maintain an attractive, efficient, and livable community.

Applicability. The standards in this article shall apply to development activities as summarized in the Table 4-1-A. Additional applicability standards with greater detail are provided near the beginning of each corresponding section.

[Source: Ord. 1766, 2019]

Section 11-4-2. Sensitive Area Protection.

The regulations of this section are intended to ensure that environmental features are protected and the natural character of the City is reflected in patterns of development and redevelopment, and significant natural features are incorporated into open space areas to the maximum extent practicable.

General Site Design.

Developments shall minimize impacts to sensitive natural resources and other unique and fragile site elements -- including, but not limited to, wetlands, open space, steep slopes, and stands of trees. Such resources and features shall be preserved where practicable. Subdivisions and any development shall be designed to preserve existing waterways (lakes, rivers, and streams), drainageways, primary vegetation (native vegetation and mature trees), rock formations, other natural vistas, and other environmental resources and features.

Development shall avoid disturbance within areas containing unusual or unstable topography to the maximum extent practicable.

The Director may require an applicant to depict proposed building envelopes on the applicable development application demsontrating avoidance of existing waterways (lakes, rivers, and streams), drainageways, primary vegetation (native vegetation and mature trees), rock formations, natural vistas, and other environmental resources and features, and to demonstrate compliance with required dimensional standards.

Structures and access shall be designed and located to fit into the topographic contours of the site, minimize disturbance of sensitive areas, and preserve existing waterways (lakes, rivers, and streams), drainageways, primary vegetation (native vegetation and mature trees), rock formations, natural vistas, and other environmental resources and features, to the maximum extent practicable.

Development shall be designed to protect the public from the potential hazards of drainage, debris flow, and erosion. Projects shall be designed with existing topography and natural features to minimize disturbance to, and therefore mitigation of, surficial hillside geology.

Site design shall minimize land disturbance to the maximum extent practicable.

[Source: Ord. 1766, 2019]

Section 11-4-3. Regulations to Minimize Flood Losses.

Explanation of Public Concern

Hazards Defined. The flood hazard areas of Northglenn are subject to periodic inundation, which could result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.

Causes. These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and, when inadequately anchored, damage property in other areas. Structures that are inadequately flood proofed, elevated or otherwise protected from flood damage also contribute to the flood loss.

Purpose. The purpose of Section 11-4-3 is to promote the public health, safety, and general welfare; to minimize public and private flood losses in areas subject to flood hazards; and to promote wise use of flood hazard areas. To accomplish its purposes, Section 11-4-3 includes provisions intended to:

Protect human life and health;

Minimize expenditure of public money for costly flood control projects;

Minimize the need for rescue and relief efforts associated with flooding and usually undertaken at public expense;

Minimize business interruptions;

Minimize damage to public facilities and utilities located in areas of special flood hazard;

Help maintain a stable tax base by providing for the prudent use and development of areas of special flood hazard so as to minimize future flood blight areas;

Ensure that potential buyers are notified that property is in an area of special flood hazard; and

Ensure that those who occupy areas of special flood hazard assume responsibility for their actions.

General Provisions.

Jurisdiction. Section 11-4-3 shall apply to all areas of special flood hazard and areas removed from the floodplain by the issuance of a Federal Emergency Management Agency (FEMA) letter of map revision based on fill (LOMR-F) within the jurisdiction of the City of Northglenn.

Basis for Establishing Areas of Special Flood Hazard. FEMA has identified the areas of special flood hazard in the Flood Insurance Study for Adams County, Colorado and Incorporated Areas, dated January 20, 2016, with accompanying flood insurance rate maps and/or flood boundary floodway maps (FIRM and/or FBFM), and this study and accompanying Flood Insurance Rate Maps, are hereby adopted by reference and declared to be a part of Section 11-4-3. For the purpose of final determination of the areas of special flood hazard, the flood profile shall control. The Flood Insurance Study and the Flood Insurance Rate Maps are on file in the Department of Public Works.

Establishment of Floodplain Development Permit. A development permit shall be required to ensure conformance with the provisions of this section. Permit applications shall be prepared by a Colorado licensed professional engineer.

Compliance. No structure or land shall be located, altered, or have its use changed without full compliance with the terms of Section 11-4-3 and other applicable regulations.

Abrogation and Greater Restrictions. Section 11-4-3 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.

Interpretation. In the interpretation and application of Section 11-4-3, all provisions shall be:

Considered as minimum requirements;

Liberally construed in favor of the governing body; and

Deemed neither to limit nor repeal any other powers granted under state statutes.

Warning and Disclaimer of Liability. The degree of flood protection required by Section 11-4-3 is considered reasonable for regulatory purposes and is based upon engineering and scientific methods of study. Larger floods may occur on occasions or the flood height may be increased by manmade or natural causes. Section 11-4-3 does not imply that land outside areas of special flood hazard or land uses permitted within such areas will always be totally free from flooding or flood damages. Nor shall this Section create a liability on the part of, or create a cause of action against the City of Northglenn or any officer or employee of the City of Northglenn, or FEMA, for any flood damages that may result from reliance on Section 11-4-3 or any administrative decision lawfully made under Section 11-4-3.

Administration.

Designation of Administrator. The City Manager, or the City Manager's authorized representative, shall be the floodplain administrator and shall administer, interpret, and implement Section 11-4-3 by granting or denying development permit applications in accordance with its provisions.

Duties of the Administrator. The duties of the floodplain administrator shall include, but not be limited to:

Review of all development permits to insure that the permit requirements of this Section 11-4-3 have been satisfied;

Review of all development permits to insure that all necessary permits have been obtained from which prior approval is required, including, but not limited to, Federal and/or State law including Section 404 of the Federal Water Pollution Control Act amendments of 1972, 33 U.S.C. 1334;

Review of all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of Section 11-4-3(h) are met.

Review of all development permits to determine that all such proposals are consistent with the need to minimize flood damage within the flood-prone area, that all public facilities and utilities such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damage and to assure that adequate drainage is provided to reduce exposure to flood hazards.

Obtain and record the elevation in Mean Sea Level of the lowest floor, including basement, of any new or substantially improved structures located in a special flood hazard area, and whether or not the structure includes a basement.

For all new or substantially improved floodproofed structures located in a special flood hazard area:

Require that a professional engineer or architect licensed in the State of Colorado develop and/or review all structural design specifications and plans for such structures.

Verify and record the actual elevation, in Mean Sea Level, to which the structure has been floodproofed.

Maintain the floodproofing certifications required in Section 11-4-3(d)(4)(D) of this Ordinance.

Maintain for public inspection all records pertaining to the provisions of this Ordinance.

Notify adjacent communities and the Colorado Water Conservation Board prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the FEMA.

Require that maintenance is provided within the altered or relocated portion of a watercourse so that the flood carrying capacity is not diminished.

Review of State and Federal regulations related to the National Flood Insurance Program and to maintain this ordinance in compliance with those regulations through periodic updates and revisions.

Alternate Sources of Data. When base flood elevation data has not been provided in accordance with Section 11-4-3(c)(2), the floodplain administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from Federal, State, or other source as criteria for requiring that new construction, substantial improvement, or other development in any area of special flood hazard of the Flood Insurance Rate Map is administered in accordance with Section 11-4-3(g).

Development Permit Required. A development permit shall be obtained before construction or development begins within any area of special flood hazard. Application for a development permit shall be made on forms furnished by the floodplain administrator and may include, but not be limited to: plans drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures; fill; storage of materials outside; drainage facilities; and the location of the foregoing. Specifically, the following information is required:

Base flood elevation data in relation to the land surface that is proposed for development.

Elevation in relation to Mean Sea Level of the lowest floor (including basement) of all new and substantially improved structures.

Elevation in relation to Mean Sea Level to which any structure has been floodproofed.

Certification by a registered professional engineer or architect licensed in the State of Colorado that the construction or development complies with all requirements of Section 11-4-3.

Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

All necessary permits for which prior approval may be required, including, but not limited to, any applicable Federal and/or State law.

Approval Criteria. Approval or denial of a development permit by the floodplain administrator shall be based on all of the provisions of Section 11-4-3 and the following relevant factors:

The danger to life and property due to flooding or erosion damage;

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

The danger that materials may be swept onto other lands to the injury of others;

The compatibility of the proposed use with existing and anticipated development;

The safety of access to the property in times of flood for ordinary and emergency vehicles;

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;

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;

The necessity to the facility of a waterfront location, where applicable;

The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; and

The relationship of the proposed use to the comprehensive plan for that area.

Mapping Disputes. The floodplain administrator shall make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazards. The Board of Adjustment shall decide cases in which a boundary is disputed, according to the provisions for appeal contained in Section 11-4-3(l).

New Subdivisions. An application for a new subdivision pursuant to Section 11-6-6 shall include the submittal of an application for a development permit under this Section 11-4-3 showing the following:

That the design of the new land subdivisions (not including resubdivisions) in a special flood hazard area is consistent with the need to minimize flooding;

That public utilities and facilities are located and constructed to minimize flood damage;

That adequate drainage is provided to reduce exposure to flood damage; and

That base flood elevation data is provided.

Construction Standards - All Flood Hazard Areas.

Application. The following standards are required for all new construction and substantial improvements in all special flood hazard areas.

Anchoring.

All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure and to withstand hydrostatic and hydrodynamic loads including the effects of buoyancy.

All manufactured homes must be elevated and anchored to resist flotation, collapse, lateral movement, and hydrostatic and hydrodynamic loads. 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. Any additions to the manufactured home shall be similarly anchored.

Construction Materials and Methods.

All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage, including anchoring to resist flotation and lateral movement.

All new construction and substantial improvements that have fully enclosed areas below the lowest floor that are used 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 professional engineer or architect licensed in the State of Colorado, or meet or exceed the following minimum criteria:

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.

The bottom of all openings shall be no higher than one foot above grade.

Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

Utilities.

All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwater into the system and discharges from the system into floodwaters.

On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be designed and/or located so as to prevent floodwater from entering or accumulating within the components.

Construction Standards Where Base Flood Elevation is Provided.

Application. In all areas of special flood hazard where base flood elevation data has been provided as set forth in Section 11-4-3(c)(2), Basis for Establishing Areas of Special Flood Hazard, or Section 11-4-3(d)(3), Alternate Sources of Data, the following standards are required.

Residential Construction. New construction and substantial improvement of any residential structure shall have the lowest floor (including basement) electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), elevated to one foot above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the floodplain administrator that the standard of this subsection is satisfied.

Nonresidential Construction. New construction or substantial improvement of any nonresidential structure shall either have the lowest floor (including basement) elevated to the level of the base flood elevation, or together with attendant utility and sanitary facilities, shall:

Be floodproofed so that the structure is watertight one foot above the base flood elevation with walls substantially impermeable to the passage of water;

Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

Manufactured Homes. All manufactured homes erected, installed, or substantially improved within zones A1-30, AH, and AE on the community's FIRM on sites outside of a manufactured home park or subdivision shall be elevated and anchored on a permanent foundation such that the lowest floor of the manufactured home, electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), be elevated to one foot above the base flood elevation.

Floodway Restrictions.

No encroachment, including fill, new construction, substantial improvement, or other development shall be permitted in the Floodway as defined in Section 11-7-4, unless certification consistent with the requirements of 44 CFR 59-78, by a professional engineer or architect licensed in the State of Colorado is provided demonstrating that encroachment will not result in any increase in flood levels during occurrence of the base flood.

All new construction or substantial improvements in the floodway shall comply with all applicable construction standards of Sections 11-4-3(f) and 11-4-3(g).

All new construction and substantial improvements in zones AH and AO of the special flood hazard areas shall have adequate drainage paths around structures on slopes to guide floodwaters around and away from the proposed structures.

All recreational vehicles placed on sites within zones A1-30, AH and AE shall conform with one of the following conditions:

Be on the site for fewer than 180 consecutive days,

Be fully licensed and ready for highway use, or

Meet the permit requirements and the elevation and anchoring requirements for "Manufactured Homes" of this Section 11-4-3. 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.

Under the provisions of 44 CFR Chapter 1, Section 65.12 of the National Flood Insurance Regulations, the City 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.

Alteration of a Watercourse. For all proposed developments that alter a watercourse within a special flood hazard area, the following standards apply:

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.

Channelization and flow diversion projects shall evaluate the residual 100-year floodplain.

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.

Any stream alteration activity shall be designed and sealed by a registered Colorado professional engineer or certified professional hydrologist.

All activities within the regulatory floodplain shall meet all applicable federal, state and city floodplain requirements and regulations.

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 certification, unless the community first applies for a CLOMR and floodway revision in accordance with the provisions of Section 11-4-3.

Maintenance shall be required for any altered or relocated portions of watercourses so that the flood-carrying capacity is not diminished.

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), unless such new structure or addition complies with the following:

Residential Construction. The lowest floor (including basement), electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), must be elevated to one foot above the base flood elevation that existed prior to the placement of fill.

Nonresidential Construction. The lowest floor (including basement), electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), must be elevated to one foot above the base flood elevation that existed prior to the placement of fill, or together with attendant utility and sanitary facilities be designed so that the structure or addition is watertight to at least one foot above the base flood level that existed prior to the placement of fill with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy.

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.

Classification of Critical Facilities. It is the responsibility of the City Council to identify and confirm that specific structures in their community meet the criteria in this subsection. 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.

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:

Public safety (police stations, fire and rescue stations, emergency vehicle and equipment storage, and, emergency operation centers);

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);

Designated emergency shelters;

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);

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

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 City Council on an as-needed basis upon request.

Hazardous materials facilities include facilities that produce or store highly volatile, flammable, explosive, toxic and/or water-reactive materials. These facilities may include:

Chemical and pharmaceutical plants (chemical plant, pharmaceutical manufacturing);

Laboratories containing highly volatile, flammable, explosive, toxic and/or water-reactive materials;

Refineries;

Hazardous waste storage and disposal sites; and

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 CFR § 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 Public Health and Environment. OSHA requirements for MSDS can be found in 29 CFR § 1910 (2010). The Environmental Protection Agency (EPA) regulation "Designation, Reportable Quantities, and Notification," 40 CFR § 302 (2010) and OSHA regulation "Occupational Safety and Health Standards," 29 CFR § 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.

Specific exemptions to this category include:

Finished consumer products within retail centers and households containing hazardous materials intended for household use, and agricultural products intended for agricultural use.

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.

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.

At-risk population facilities include medical care, congregate care, and schools. These facilities consist of:

Elder care (nursing homes); The lowest floor (including basement), electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), must be elevated to one foot above the base flood elevation that existed prior to the placement of fill, or together with attendant utility and sanitary facilities be designed so that the structure or addition is watertight to at least one foot above the base flood level that existed prior to the placement of fill with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy.

Congregate care serving 12 or more individuals (day care and assisted living);

Public and private schools (pre-schools, K-12 schools, before-school and after-school care serving 12 or more children).

Facilities vital to restoring normal services including government operations. These facilities consist of:

Essential government operations (public records, courts, jails, building permitting and inspection services, community administration and management, maintenance and equipment centers);

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 Section 11-4-3, 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.

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 Section 11-4-3, protection shall include one of the following:

Location outside the special flood hazard area; or

Elevation of the lowest floor or floodproofing of the structure, together with attendant utility and sanitary facilities, to at least two feet above the base flood elevation.

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 a 100-year flood event.

Variance and Appeal Procedure.

Designated Appeal Board. The Board of Adjustment shall hear and decide appeals and requests for variance from the requirements of Section 11-4-3, in accordance with the provisions of Section 11-6-7(a) with the special provisions provided below.

Evaluation Criteria, Variances and Appeals. In passing upon such application for variance or appeal, the Board of Adjustment shall consider:

All technical evaluations, all relevant factors, and standards specified in other sections of Section 11-4-3;

The danger to life and property due to flooding or erosion damage;

The susceptibility of any proposed development, structure, facility, and property to flood damage and the effect of such damage on the individual owners of the site in question or any other sites within or outside of the boundaries of the City;

The importance to the community of the services provided by the proposed development, structure, facility, or use of the property;

The availability of alternative locations for the proposed use which are not within a special flood hazard area;

The safety of access to the site by ordinary emergency vehicles in times of flood;

The relationship of the proposed use to the floodplain management program for the area;

The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site; and

The cost of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities.

Variance Limitations. A variance may be issued only in accordance with the following limitations:

For new construction and substantial improvements on lots of one-half acre or less and contiguous to and surrounded by lots in a special flood hazard area with structures with the lowest floor constructed below the base flood level and provided that the criteria established in Section 11-4-3(l)(2) have been fully considered.

Variances shall not be granted within any floodway designated in the flood insurance study of the City of Northglenn if any increase in flood levels during the base flood discharge would result.

Variances shall only be granted upon determination that the variance is the minimum necessary to afford relief.

Variances shall only be granted upon determination that failure to grant the variance would result in exceptional hardship to the applicant.

Determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, creation of nuisances, cause fraud and/or victimization of the public, or conflict with any existing City ordinances or regulations.

Conditional Approval. Upon consideration of the criteria listed in Section 11-4-3(l)(2), and the purposes of Section 11-4-3, the Board of Adjustment may attach such conditions to the granting of variances, as it deems necessary.

Records of Appeals and Variances. The floodplain administrator shall maintain the records of all appeal actions, including technical information, and report any variances to FEMA.

Recording. Notice of variances granted shall be recorded at the office of the Adams County Clerk and Recorder, and/or the Weld County Clerk and Recorder, as applicable.

Notice of Increased Cost of Flood Insurance. Any applicant to whom a variance is granted shall be given written notice by the floodplain administrator that the cost of flood insurance will be commensurate with the increased risk.

[Source: Ord. 1766, 2019]

Section 11-4-4. Stormwater and Drainage Control.

Purpose. The purpose of this Section 11-4-4 is to establish minimum stormwater management controls to protect and safeguard the public health, safety, and welfare through the following objectives:

Promote the public health, safety, and welfare by minimizing flood losses and the inconvenience and damage resulting from uncontrolled and unplanned stormwater runoff in the City;

Minimize increases in stormwater runoff as a result of development;

Implement a plan that includes a coordinated program of creating upstream ponding for temporary detention of stormwater runoff;

Encourage and facilitate urban water resources management techniques, including detention of stormwater runoff, to minimize the need to construct storm sewers;

Reduce pollutants in stormwater discharges from construction activity by guiding, regulations, and controlling the design, construction, use, and maintenance of any development or other activity that disturbs the topsoil or results in the movement of earth on land;

Minimize increases in non-point source pollution caused by stormwater runoff;

Reduce flooding, siltation, and stream bank erosion and channel degradation; and

Ensure that stormwater management controls are properly maintained.

Applicability. This section shall apply to development activities pursuant to Chapter 16, Article 10. Water quality standards apply to all new development and redevelopment.

Grading Permit Required. A grading permit shall be required pursuant to Chapter 16, Article 17.

Stormwater and Drainage Control Standards. In addition to the standards in Chapter 16 -- Articles 13 and 17, the following standards shall apply:

On-Site Drainage Control. Unless a regional drainage solution is required pursuant to paragraph (2) below, the following shall apply:

Drainage designs shall provide on-site drainage of the project site so that off-site storm drainage flows are not increased and so that water quality is maintained or improved.

Designs shall prevent drainage flows from flowing between or off properties to the maximum extent practicable, except that historic off-site flows may be allowed to continue with approval by the City Engineer.

Existing drainage courses shall be maintained to the maximum extent practicable.

Regional Drainage Solutions. Regional drainage solutions may be required by the City Engineer based on the City's Municipal Separate Storm Sewer System (MS4) permit.

Low-Impact Development Practices.

Purpose. The City of Northglenn recognizes the importance of mitigating impacts of increased runoff and stormwater pollution from development, redevelopment, and infill. Low-impact development (LID) practices can be used as part of an integrated water management strategy. Further, LID practices as an alternative to standard landscaping methods promote infiltration, remove pollutants, regenerate groundwater supply, and encourage the use of native plants.

Applicability and Incentives.

The City encourages the use of the LID options described in subsection (3) below to supplement stormwater and drainage standards in this Section and in the Engineering Standards, and the landscaping standards in Section 11-4-7.

Applicants proposing LID options as part of a development application may be eligible for a reduction in the number of parking spaces required based on a case-by-case review by the Director and the City Engineer, up to the following maximums:

LID options may be considered in combinations; however, the cumulative parking spaces reduction for all LID options shall not exceed 25 percent.

In no case shall the use of LID options result in a reduction and/or modification of standards that would result in a site that is inconsistent with the purpose and intent of this section or the landscaping standards in Section 11-4-7.

Low-Impact Development Options. The options below are encouraged to implement LID at the time of site development or redevelopment. The options are not intended to be prescriptive or to inhibit creative design.

Disconnecting Drainage from Impervious Surface. Drainage from buildings (through gutters and downspouts) may be disconnected from piped infrastructure to prevent draining directly onto impervious surfaces without first passing through one of the green infrastructure options listed below.

Green Infrastructure Options.

Bioswales. Bioswales are vegetated swales planted with wet tolerant species of plants or ornamental grasses. They transport store, and allow infiltration of water, and can be designed as a landscape feature. Bioswales are not grassed, but are planted with a variety of plant species that can withstand occasional water inundation for short periods of time.

Grassed Swales. Grassed swales are designed conveyance devices used to transport water over the surface of the ground to a point of disposal that may be a catch basin, ditch, water body that will filter, infiltrate, evaporate, and clean water of total suspended solids, solid waste, and other pollutants. Swales are often appropriate along property lines, public streets, and around buildings.

Rain Gardens. Rain gardens are small shallow depressions planted with a variety of native or ornamental plants that can treat small amounts of runoff to improve water quality. Rain gardens are generally small collections of water loving plants planted on a low site area to collect rainfall.

Permeable Pavers and Porous Pavement. Permeable pavers and porous pavement allow water seepage through the joints and through the graded gravel base that they are placed on. This allows for the infiltration of rainwater thereby reducing the runoff leaving a site. When used in connection with street tree plantings, they allow for more air circulation around tree roots and can easily be removed in order to trim tree roots and to regrade a walkable surface. Use of permeable pavers or porous pavement shall not be permitted in locations required for fire access unless approved by North Metro Fire Rescue.

Sand Filters. Sand filters are filtering or infiltrating systems that consist of a surcharge zone underlain by a sand bed with an underdrain system (when necessary). Examples may include depressions, trenches, barriers, or sand lenses constructed of porous mineral matter that improve ground water recharge to filter, clean, and trap waterborne pollutants.

Other Options.

In addition, other LID standards include extended detention basins that may be used in open space tracts to treat the runoff from multiple lots, roads, trails, and pathways.

Other LID options may be allowed as approved by the City Manager.

Alternative Design. Alternative designs may be approved by the Director and the City Engineer provided they meet the intent of this Section and the UDO.

[Source: Ord. 1766, 2019]

Section 11-4-5. Access and Circulation.

Purpose. The purpose of Section 11-4-5 is to provide for a highly connected system serving multiple modes of transportation for automobiles, transit, bicycles, and pedestrians that:

Connects Northglenn neighborhoods;

Connects neighborhoods to destinations;

Reduces vehicle miles traveled and travel times;

Improves air quality;

Mitigates traffic impacts caused by new development;

Improves the effectiveness of local service delivery; and

Avoids the creation of large, isolated tracts.

Applicability. The standards in Section 11-4-5 shall apply to:

All new development, except for single-family or duplex development that are not part of a new subdivision;

Any expansion of an existing structure or use by more than 25 percent of the floor area or site area;

Any expansion of an existing structure or use that requires a special use permit; and

A change of use that requires physical alteration of the site.

Circulation Plan Required. Applicants shall provide a circulation plan demonstrating compliance with Section 11-4-5. The circulation plan shall be submitted with the respective development or subdivision application.

Multimodal Transportation System. Access and circulation systems associated with any development shall provide for multiple travel modes (vehicular, transit, bicycle, and pedestrian), as appropriate to the development's size, character, and relationship to existing and planned transportation systems. Circulation systems shall be coordinated and integrated to offer the occupants and visitors of development improved transportation choices while enhancing safe and efficient mobility throughout the development and the City.

Street Connectivity.

Purpose. Street and block patterns should include a clear hierarchy of well-connected streets that distribute traffic over multiple streets to avoid congestion of principal routes. Within each development, the access and circulation system and grid of street blocks should accommodate the safe, efficient, and convenient movement pedestrians, bicycles, transit uses, and vehicles, with consideration of the mobility of all ages and abilities, through the development and linking to adjacent developments and neighborhoods.

Vehicular Access to Public Streets and Adjacent Land.

Development shall provide public street connections to all existing, adjacent public streets.

If there are no adjacent public streets, subdivisions and/or new developments shall provide connections along each boundary abutting adjacent vacant land for future connections spaced at intervals not to exceed 1,000 feet for arterials, and 660 feet for other street types.

Alternatives to these standards may be approved by the Director where strict compliance with such standards is impractical.

Cul-de-Sacs and Dead-End Streets Discouraged. The design of street systems shall use through-streets. Permanent cul-de-sacs and dead-end streets shall only be used when topography, natural features, and/or vehicular safety conditions make a vehicular connection impractical.

Residential Streets.

Local residential streets shall be laid out to discourage through-traffic use. Traffic-calming techniques such as diverters, neck-downs, street gardens, and curvilinear alignments may be used to reduce speed and cut-through collector and/or arterial traffic.

Residential streets shall be designed to align with the existing street grid pattern of the region to the maximum extent practicable, and follow natural contours of the site where appropriate.

Driveways and Access.

General Standards.

All lots shall have sufficient access providing reasonable ingress and egress to and from the property.

All access points shall be constructed so that:

Vehicles may safely enter and exit the property; and

Interference with the convenient flow of traffic and conflict with pedestrians and bicycles is minimized.

Shared access shall be provided to the maximum extent practicable.

Driveways shall be hard-surfaced with materials pursuant to the Public Works Standards and Specifications. Alternative surface materials, such as concrete pavers and permeable pavers, may be allowed with approval by the Director. Determining factors for approval of such alternatives include:

Whether or not the driveway is a primary driveway or a secondary, rarely accessed driveway;

Whether or not the driveway is intended for vehicle use;

Whether or not the driveway is visible from the public right-of-way; and/or

Whether or not the proposed material is appropriate for the climate and location.

Residential Driveways. In addition to the general requirements above, residential driveways shall comply with the following:

No driveway shall provide direct access to an arterial or highway unless no other legal access alternative is available.

No individual driveway for single-family detached dwellings shall exceed 30 feet in width at any point along the driveway.

Except for lots located on the turnaround or bulb of a cul-de-sac, no individual driveway for a single-family detached dwelling shall exceed 40 percent of the lot width.

The total width for all driveways on lots with single-family detached dwellings shall not exceed 40 percent of the lot width.

For single-family detached dwellings with multiple driveways, a minimum of six feet of non-driveway surface shall be maintained between each individual driveway.

Drive-Through Facilities. See Section 11-4-6(i), Drive-Through Facilities.

Vision Triangle Requirements. See Section 11-2-19(d), Vision Triangle Requirements.

Cross-Access between Adjacent Uses.

All multifamily and nonresidential development shall be designed to allow for cross-access to adjacent properties to encourage shared parking and shared access to public or private streets. This may be accomplished by one or more of the following:

Connecting streets and drives;

Coordinating parking lot and parking structure entrances;

Providing common service and delivery areas;

Providing shared parking areas;

Providing shared driveways and access points for adjacent lots to minimize curb cuts.

The Director may allow alternatives to cross-access requirements if providing cross-access is deemed impractical, provided the applicant provides adequate bicycle and pedestrian connections between adjacent developments or land uses.

Pedestrian and Bicycle Circulation.

Sidewalks Required.

Sidewalks shall be required for development in all zoning districts except for the AG district.

Sidewalks shall be installed and maintained to the specifications in the Public Works Standards and Specifications.

On-Site Pedestrian Connections Required. All new nonresidential, mixed-use, and multifamily development shall provide a network of on-site pedestrian walkways with a minimum width of five feet to and between the following areas:

The primary entrance or entrances to each building, including pad site buildings;

Any sidewalks, walkways, or multi-use paths on adjacent properties that extend to the boundaries shared with the development.

Any parking areas intended to serve the development;

Any public transit stations and/or stops on or along an adjacent street;

Any adjacent residential neighborhoods; and

Any adjacent public parks, trails, open spaces, or other public uses or amenities.

Parking Area Pedestrian Access. Parking lots with more than 400 spaces shall include pedestrian walkways or sidewalks through the parking lot to the primary building entrance(s) or to a sidewalk that connects to the primary building entrance(s).

Required On-Site Connection Designs. Wherever on-site walkways are required, such walkways shall be distinguishable from areas used by vehicles through the use of changing materials or patterns, paving height, bollards or other decorative amenities, or raised medians or walkways. Walkways shall be ADA accessible if required per adopted ADA/ANSI standards.

Bicycle Circulation. Designated bicycle lanes and pedestrian-related facilities shall be designed and installed as designated in the Comprehensive Plan.

Alternative Designs. Alternative means and methods of design for pedestrian and bicycle circulation may be allowed with approval by the Director provided such alternative means meet the general intent of this section. Alternative designs shall be evaluated on a case-by-case basis, and approval of alternative designs in one location does not constitute approval of similar facilities in other locations.

[Source: Ord. 1766, 2019]

Section 11-4-6. Off-Street Parking and Loading.

Purpose. This Section 11-4-6 is intended to provide off-street parking and loading facilities in proportion to the generalized parking, loading, and transportation demands of different land uses and to help protect the public health, safety, and general welfare by:

Avoiding and mitigating traffic congestion;

Providing necessary access for service and emergency vehicles;

Providing for safe and convenient interaction between motor vehicles, bicycles, and pedestrians;

Encouraging multi-modal transportation options and enhanced pedestrian safety;

Providing flexible methods of responding to the transportation and access demands of various land uses in different areas of the city;

Reducing stormwater runoff, reducing heat island effect from large expanses of pavement, improving water quality, and minimizing dust pollution; and

Avoiding and mitigating the adverse visual impact of large concentrations of exposed parking.

Applicability.

New Development. Unless otherwise exempted in subsection 11-4-6(b)(4) below, or elsewhere in this UDO, the standards in this section shall apply to all development and land uses.

Expansions and Enlargements.

Unless otherwise exempted in subsection 11-4-6(b)(4) below, or elsewhere in this UDO, the standards in this section shall apply to the following expansions and enlargements:

The gross floor area of an existing structure or use is expanded or enlarged by 25 percent; or

The expansion or enlargement is for a use or structure that requires a special use permit; or

Major parking area improvements are made including reconfiguring, reconstructing, or other similar projects, but not including resurfacing or restriping.

In such cases, the number of off-street parking and loading spaces provided for the entire use (pre-existing plus expansion) shall be at least 100 percent of the minimum ratio and shall not exceed the maximum ratio established in Table 4-6 A: Minimum Off-Street Parking, unless modified by the Director pursuant to 11-4-6(g)(6).

Change of Use.

Off-street parking and loading shall be provided pursuant to this section for any change of use that increases the minimum number of vehicle parking or loading spaces by more than 25 percent above those that currently exist on the site or on permitted off-site locations.

The number of on-site parking spaces existing before the change of use shall not be reduced below the minimum required by this section. Existing nonconforming parking areas shall comply with Subsection 11-1-5(f), Nonconforming Site Features.

xemptions from Minimum Parking Requirements. Minimum required off-street parking spaces indicated in Table 4-6 A: Minimum Off-Street Parking, shall not apply to the following:

Properties containing less than 5,000 square feet of lot area, except for single-family, duplex, and manufactured home uses.

Expansions or enlargements that increase the square footage of an existing structure or use by less than 25 percent gross floor area, provided that any existing off-street parking areas remain unaltered.

Location and Design. The provisions of this section shall apply to all surface and aboveground vehicle parking, bicycle parking, loading, and drive-through facilities, regardless of whether the project is subject to the requirements for additional parking or other facilities pursuant to Subsections 11-4-6(b)(1) through 11-4-6(b)(4) above.

Parking Plan Required.

Development of new parking and loading areas or the expansion of existing parking and loading areas shall be submitted on a parking plan (included with a site plan) and reviewed pursuant to the applicable procedures in Article 6: Administration and Procedures.

Construction of or modification to any required parking or loading area pursuant to Section 11-1-5, Nonconformities and Section 11-6-5, Development Permits shall comply with this UDO and shall require plans approved by the City.

Calculations.

All square-footage based parking and loading requirements shall be computed on the basis of gross floor area of the subject use. Buildings with multiple uses, including shopping centers, may be divided into separate uses for purposes of calculating parking requirements. For example, the gross floor area of an office component of a retail use may be calculated separately from the gross floor area of the retail use. The floor area of structured parking within a building shall not be counted in the computation of required parking.

When measurements of the number of required spaces result in a fractional number, the number of parking spaces required shall be rounded up to the nearest whole number.

The following types of parking spaces shall not count against the maximum parking requirement:

On-street parking spaces provided pursuant to Subsection 11-4-6(g)(2), On-Street Parking;

Designated accessible parking;

Designated carpool parking;

Designated fleet vehicle parking; and

Structured parking, underground parking, and parking within, above, or beneath the building(s) it serves.

Minimum and Maximum Off-Street Parking.

Minimum Required Parking. Each development or land use shall provide at least the minimum number of off-street parking spaces required by Table 4-6 A: Minimum Off-Street Parking, unless otherwise provided in this UDO.

Maximum Parking Allowed.

Except for single-family, duplex, manufactured homes, multifamily, and accessory dwelling units, no more than 125 percent of the minimum number of off-street parking spaces required by Table 4-6 A: Minimum Off-Street Parking, shall be allowed unless additional parking demand is demonstrated pursuant to Subsection 11-4-6(e)(6).

If a use in Table 4-6 A: Minimum Off-Street Parking does not require a minimum parking amount, then the maximum amount of parking provided shall be determined by a demand study pursuant to Subsection 11-4-6(e)(6).

Unlisted Uses. For uses not listed in Table 4-6 A: Minimum Off-Street Parking, the Director shall have the authority to establish minimum and maximum parking standards based on similar uses to the proposed use.

Vehicle Stacking Space Requirements. All uses with drive-through facilities and those requiring stacking spaces shall comply with the requirements in Subsection 11-4-6(i), Drive-Through Facilities.

Outdoor Sales, Display, Leasing, and Auction Areas. All uses with outdoor sales, display, leasing, and/or auction facilities shall provide one parking space per 1,000 square feet of outdoor sales, display, leasing, or auction area in addition to the minimum parking requirement prescribed in Table 4-6 A: Minimum Off-Street Parking.

Director Determination Based on Demand Study. Uses in Table 4-6 A: Minimum Off-Street Parking that reference this paragraph have varied parking and loading demands, making it difficult to specify a single standard for off-street parking or loading requirements. With an application for a use that is subject to this paragraph, the Director shall apply the off-street parking and loading standards on the basis of a demand study prepared by the applicant. Such study shall estimate the parking and loading demand based on recommendations of the Institute of Traffic Engineers, Urban Land Institute, the International Council of Shopping Centers, the American Association of State Highway and Transportation Officials, the American Planning Association, or other acceptable source of parking demand data for uses and/or combinations of uses of comparable activities, scale, bulk, area, and location.

Unlisted Uses. For uses not listed in Table 4-6 A: Minimum Off-Street Parking, the Director is authorized to:

Apply the minimum off-street parking space requirement specified in Table 4-6 A: Minimum Off-Street Parking, for the listed use that is deemed most similar to the proposed use; or

Establish the minimum off-street parking space requirement by reference to standards in parking resources published by the National Parking Association, American Planning Association, Institute of Traffic Engineers (ITE) or other acceptable sources of parking data; or

Establish the minimum off-street parking space requirement based on local or national best practices; or

Establish the minimum off-street parking space requirement based on a demand study prepared by the applicant. Such a study shall be prepared according to Subsection 11-4-6(e)(6).

Accessible Parking. The number and design of accessible parking spaces shall be pursuant to the International Building Code (IBC) as adopted in the City of Northglenn Municipal Code and the American Disabilities Act (ADA), as amended.

Minimum Bicycle Parking.

Required Bicycle Parking. Unless exempted by 11-4-6(f)(2), Bicycle Parking Reduction, all multifamily and nonresidential development shall provide off-street bicycle parking spaces at a ratio of one bicycle parking space per 20 required vehicle parking spaces, with no development providing less than two bicycle parking spaces.

Bicycle Parking Reduction. Subject to the approval of the Director, the number of bicycle parking spaces may be reduced due to specific land use challenges, building site characteristics, and/or the location of development.

Bicycle Parking Location and Design.

Location. Required off-street bicycle parking spaces shall be provided with bike racks, bike lockers, or similar parking facilities that comply with the following standards:

Located in a visible, well-lit ground-level area;

Conveniently accessible to the primary entrances of a development's principal building(s);

Does not interfere with pedestrian traffic; and

Is protected from conflicts with vehicular traffic.

Multiple Building Developments. For developments with multiple buildings, bicycle parking shall be distributed evenly among principal buildings.

Design. Bicycle parking spaces shall be installed using standard bicycle racks that are effective for storage and are permanently anchored to a hard surface.

Parking Alternatives. The Director may approve parking alternatives that result in a cumulative reduction not to exceed 25 percent of the minimum off-street parking spaces required by Table 4-6 A: Minimum Off-Street Parking, in accordance with the following standards.

Shared and/or Off-Site Parking. The Director may approve shared parking and/or off-site parking subject to a demand study pursuant to Subsection 11-4-6(e)(6), Director Determination Based on Demand Study, and pursuant to the following standards:

Location of Shared and/or Off-Site Parking.

For nonresidential uses, every shared and/or off-site parking space shall be located within 500 feet (measured along a legal pedestrian route) of the entrance to each building for which the shared and/or off-site parking is provided.

For multifamily uses, every shared and/or off-site parking space shall be located within 300 feet (measured along a legal pedestrian route) of the entrance to each building for which the shared and/or off-site parking is provided.

Shared and/or off-site parking is not permitted for single-family detached, single-family attached, and duplex dwelling uses.

Ineligible Activities. Accessible parking (ADA parking) shall not be permitted off-site.

Shared Parking Agreement Required.

The owners of record involved in the joint use of shared parking facilities shall submit written documentation of the continued availability of the shared parking agreement to the Director for review.

The Director may approve the shared parking agreement if the Director determines that the documentation demonstrates the continued availability of the shared parking facility for a reasonable period of time. No zoning or use approval shall be issued until the Director has approved the shared parking documentation.

If the shared parking agreement is later terminated or modified and the Director determines that the termination or modification has resulted in traffic congestion, overflow parking in residential neighborhoods, or threats to pedestrian, bicycle, or motor vehicle safety, the property owners involved in the shared parking agreement may be held in violation of this UDO.

On-Street Parking. On-street parking may be counted toward the minimum number of required off-street parking spaces on a one-to-one basis, subject to the following standards:

On-street parking may not be used to meet the minimum off-street parking requirements for single-family detached, single-family attached, and duplex dwelling uses;

On-street parking that is subject to residential parking permit restrictions or other time restrictions shall not be used to meet any off-street minimum parking requirements for any use;

Only those street parking spaces abutting any lot line of the subject property, and with over one-half the length of a parking space located between the imaginary extension of the side property lines into the street right-of-way, may be counted.

Areas within the vision triangle requirements pursuant to Section 11-2-19(d), or within five feet of a fire hydrant, shall not be counted toward required parking. Allowable configurations for on-street parking are provided in the Public Works Standards and Specifications.

Each on-street parking space may only be counted once toward the parking requirements of the abutting lot, regardless of the number of individual buildings or tenants on the lot.

No development or use approved with an on-street parking credit shall be considered nonconforming if the on-street parking is later removed by City action and the remaining off-street parking does not meet the minimum off-street parking requirements of this section.

On-street parking spaces shall be available for general public use at all times. No signage or actions limiting general public use of on-street spaces shall be permitted.

Proximity to Transit. Except for single-family detached, single-family attached, and duplex dwelling uses, the minimum number of required off-street parking spaces required in Table 4-6 A: Minimum Off-Street Parking for uses on any portion of a site that is within one-half mile of a fixed transit station or served by frequent bus service, may be reduced by up to 25 percent.

Affordable and Senior Housing. The minimum number of off-street parking spaces required in Table 4-6 A: Minimum Off-Street Parking shall be reduced by 25 percent for multifamily residential structures that satisfy the following:

Have a minimum of 10 dwelling units; and

At least 25 percent of the dwelling units are restricted for purchase or occupancy at below-market rate levels approved by the Director; or

At least 75 percent of the dwelling units are restricted for purchase or occupancy by persons 65 years of age or older.

Electric Vehicle Charging Stations.

Eligible Parking Reductions. The minimum number of off-street parking spaces required in Table 4-6 A: Minimum Off-Street Parking may be reduced at the following rates for electric vehicle charging stations:

Calculation. The EV charging spaces provided and the parking reduction maximum shall be calculated as the percentage of the required parking pursuant to Table 4-6 A: Minimum Off-Street Parking.

Example: A 20,000 square foot office building is required to provide 67 parking spaces (1 space per 300 sf). If the applicant provides 4 EV-ready spaces (5 percent of 67 is 3.35 spaces), the required parking spaces may be reduced by 4 spaces. With such authorization, the developer could provide 63 total parking spaces (59 regular spaces plus 4 EV-ready spaces).

Low-Impact Development Parking Reductions. Applicants proposing Low-Impact Development (LID) options as part of a development application may be eligible for a reduction in the number of parking spaces required, pursuant to 11-4-4(e).

Modification of Parking Requirements by Director.

If an applicant submits a parking demand study pursuant to Subsection 11-4-6(e)(6) demonstrating that anticipated off-street parking demand for the proposed development, use, or combination of uses will be less than that calculated from Table 4-6 A: Minimum Off-Street Parking, and the Director determines that the information and assumptions used in the study are reasonable and that the study accurately reflects anticipated off-street parking demand for the proposed development, use, or combination of uses, the Director may authorize a reduction in required off-street parking spaces based on that study.

The Director may also authorize an increase in the maximum amount of off-street parking allowed based on a parking demand study pursuant to Subsection 11-4-6(e)(6), provided that:

The proposed development has unique or unusual characteristics that typically does not apply to comparable uses, such as high sales volume per floor area, multifamily parking challenges, or low parking turnover, that create a parking demand that exceeds the maximum ratio;

The site is being redeveloped and strict compliance would require removal of parking; and/or

Any parking provided above the maximum allowed is constructed with approved pervious surfaces.

Parking and Loading Area Use and Design.

Use of Parking and Loading Areas. Except for single-family detached, single-family attached, and duplex dwelling uses, no required off-street parking or loading space shall be used for any purpose other than the parking of vehicles. Off-street parking spaces provided in excess of the minimum number required may be used for any legal purpose within the respective zoning district. If a mandatory required off-street parking space is converted to another use or can no longer be used for off-street parking, it shall be deemed a violation of this UDO.

Location of Parking and Loading Areas.

Parking Areas.

Single-Family Residential. Parking may be located in the front or side yard, provided such parking complies with surfacing requirements in Subsection 11-4-6(h)(6), and driveway and access requirements in Section 11-4-5. Parking may be located in the rear yard for alley-loaded lot configurations or for front-loaded garages located within the rear yard.

Multifamily, Mixed-Use, and Nonresidential

Off-street parking areas shall be located to the side and rear of the front building line to the maximum extent practicable.

Proximity to Structure and/or Use

For multifamily dwellings and nonresidential uses, off-street parking spaces shall be located within 200 feet of the nearest building entrance, as measured by pedestrian access from the nearest building entrance to the parking spaces. Off-site parking with greater distances from entrances may be approved by the Director subject to the requirements in Subsection 11-4-6(g)(1), Shared and/or Off-Site Parking.

Design of Parking Areas within or Adjacent to Residential Districts. Whenever off-street parking lots for more than six vehicles are located within or adjacent to a residential district, the following standards shall apply:

All sides of the lot abutting the residential district shall be enclosed with an opaque, ornamental fence, wall, dense evergreen hedge, or landscaped berm having a height of not less than six feet measured from the parking lot surface. Such fence, wall, hedge, or berm shall be maintained in good condition.

Lighting facilities shall not exceed 25 feet in height, pursuant to Subsection 11-4-9(d)(2), Parking Lot Lighting.

Location of Loading Areas.

Except in the IN zoning district, required off-street loading spaces shall not be permitted in any front yard or in any required street side yard.

Off-street loading spaces may occupy all or any part of a required rear yard where visibility from public streets and windows of neighboring buildings will be minimized.

Loading areas shall not interfere with parking lot maneuvering areas.

(iv)

City streets or rights-of-way shall not be utilized for loading and unloading purposes.

Number and Size of Loading Berths Required.

The number and size of loading berths shall be provided pursuant to Table 4-6 C below:

The Director may approve a variation from the required loading space requirements if warranted by the building use.

Parking Stall and Aisle Design. Parking areas shall be designed according to Table 4-6 D: Parking Stall and Drive Aisle Layout, and Figure 4.A. Parking stalls shall be designed to prevent vehicles from overhanging required walkways or landscaped areas. Additional parking stall and aisle designs may be considered by the City Engineer provided they meet the intent of these standards and any other applicable engineering standards.

Compact Parking. Up to 25 percent of a parking area may be dedicated to head-in 90-degree compact parking spaces with a reduced width of eight feet and a stall length of 15 feet deep. A higher percentage of compact parking, and/or further reduced stall dimensions may be allowed at the discretion of the Director.

Parking and Loading Area Surfacing. All parking and loading areas shall be paved with an impervious surface such as concrete or asphalt unless using a green infrastructure option such as porous pavers or another surface material approved by the City Manager. Permanent surfacing shall be installed prior to receiving a certificate of occupancy unless otherwise approved by the Director.

Access to Garages and Carports. Driveways to garages and carports shall comply with parking and loading area surfacing requirements above. Asphalt shall not be used as a hard surface material for single-family residential driveways or parking surfaces.

Parking Area Landscaping. See Subsection 11-4-7(i), Parking Area Landscaping.

Parking Area Lighting. See Subsection 11-4-9(d)(2), Parking Lot Lighting.

Pedestrian and Bicycle Circulation. See Subsection 11-4-5(g), Pedestrian and Bicycle Circulation.

Drive-Through Facilities.

Number of Stacking Spaces Required. All drive-through facilities shall provide at least the number of on-site stacking spaces indicated in Table 4-6 E: Required Vehicle Stacking Spaces, in addition to any required vehicle and bicycle parking spaces required by Subsections 11-4-6(e) and 11-4-6(f).

Location and Design of Drive-Through Facilities.

Each stacking space shall be 20 feet long unless otherwise approved by the Director. Required stacking distances shall be measured from the end of the queuing lane or property line to the point of service.

Vehicle stacking spaces shall be integrated into the site layout and shall not interfere with site access points, access to parking or loading spaces or areas, or internal circulation aisles.

Drive-through service windows shall be oriented away from residentially-zoned areas to the maximum extent practicable.

In the MC and MR zoning districts, drive-through lanes shall not be located between the front façade of the primary building and the front lot line or within five feet of a side lot line.

Audible electronic devices such as loudspeakers, vehicle service order devices, and similar instruments shall not be audible beyond the property line of the site.

[Source: Ord. 1766, 2019; 1782, 2019]

Section 11-4-7. Landscaping, Screening, and Fencing.

Purpose. The City recognizes landscaping, buffering, and screening as important elements to:

Blend the built and natural environment and preserve the natural landscape;

Mitigate or minimize potential nuisances such as noise, light, glare, dirt, litter, signs, parking, or storage areas and to provide a transition between uses;

Conserve water resources by using sustainable design and maintenance techniques and low-water plant species;

Protect existing native vegetation and mature trees;

Promote environmental benefits such as improved stormwater retention, water quality, and air quality, retaining soil moisture, recharging groundwater, and preventing erosion; and

Improve the appearance of development and establish an attractive streetscape; and

Provide screening to minimize the visual impacts of some types of facilities, structures, and equipment.

Applicability.

New Development. Unless otherwise exempted in Subsection 11-4-7(b)(3) below, or elsewhere in this UDO, the standards in Section 11-4-7 shall apply to all new development and land uses.

Expansions and Enlargements. Unless otherwise exempted in Subsection 11-4-7(b)(3) below, or elsewhere in this UDO, the standards in Section 11-4-7 shall apply to the following expansions and enlargements:

Any site improvements requiring full compliance pursuant to 11-1-5(f)(3), Upgrading Nonconforming Buffers, Landscaping, Screening, and Outdoor Lighting; or

The expansion or enlargement of a use or structure that requires a special use permit; or

Major parking area improvements including reconfiguring, reconstructing, or other similar projects as determined by the Director, but not including resurfacing or restriping.

Exemptions. The standards in Section 11-4-7 shall not apply to the following:

Properties in the AG or OS zoning districts, except that any yard or frontage in the AG or OS district abutting residential zoning districts shall comply with any applicable compatibility standards in this section and with the standards in Subsection 11-4-7(l), Screening, Fences, and Walls;

Site landscaping improvements on properties with existing single-family, duplex, or manufactured home dwellings, except that such improvements shall comply with 11-4-7(d), Site Area Landscaping, and 11-4-7(e)(1), Appropriate Landscaping Materials;

Expansion of a single-family, duplex, or manufactured home dwelling meeting the dimensional standards for the underlying zoning district, except that such uses shall comply with the standards in Subsection 11-4-7(l), Screening, Fences, and Walls; or

Conversion of a residential structure to a nonresidential use if no site improvements are required.

Landscape Plan Required.

A landscape plan with designed landscaped areas shall be submitted with all development applications where landscaping, buffering, or screening is required pursuant to Subsection 11-4-7(b), Applicability, unless the Director determines that compliance with the provisions of Section 11-4-7 can be demonstrated without the use of a landscape plan.

A landscape plan may be combined with other required application materials if compliance with Section 11-4-7 can be demonstrated in the combined materials.

For phased projects, the applicant may, at their discretion, submit a partial landscape plan for site development associated with the initial phase of the project provided that development on subsequent phases shall require additional landscape plans demonstrating compliance with this section prior to issuance of a building permit. Each landscape plan associated with a phased development shall demonstrate compliance with this section.

Required Site Area Landscaping. Except for areas with native vegetation cover, any part of a site not used for buildings, parking, driveways, walkways, utilities, approved storage areas, or other site improvements, subject to the impervious coverage maximum for the zone district and further described in Section 11-2-19(g), Building and Impervious Coverage, shall be landscaped with appropriate materials pursuant to Subsection 11-4-7(e), below.

Landscaping Materials.

Appropriate Landscaping Materials. Required landscaped areas pursuant to Subsection 11-4-7(d), above, may include the following landscaping materials:

Trees, shrubs, and ornamental grasses provided the species complies with the City's approved plant list;

Live ground cover;

Turf grass, pursuant to Subsection 11-4-7(f), Water Conservation;

Rock or mulch provided that the combination of such materials do not comprise more than 50 percent of the required landscaped area;

Artificial ground cover, provided such ground cover is pervious;

Required stormwater detention areas meeting the standards of this UDO may be used to satisfy the landscaping requirements of this section; and

In the Mixed-Use and Commercial districts, public amenity areas such as courtyards, plazas, and pedestrian amenities may be counted toward the landscaped area requirements at the discretion of the Director provided such improvements comply with applicable maximum impervious coverage requirements.

Type and Amount of Plant Material.

Trees and other plant material shall be provided according to Table 4-7 A.

Trees and other plant materials shall comply with the City's approved plant list.

Existing landscape may be used to satisfy the landscaping requirements, except that preservation of existing trees shall comply with Subsection 11-4-7(j), Tree Preservation.

Artificial trees, shrubs, or plants shall not be used to satisfy any of the requirements of this section.

Where fractional number results, the number of trees shall be rounded up to the next whole number.

Water Conservation.

The City recognizes the importance of water conservation and the protection of the City's water resources. The City encourages the use of low-water planting materials, xeriscape designs, and other landscape techniques used to limit the amount of water use.

To the maximum extent practicable, the total amount of high-water use landscaping, pursuant to the City's specifications, shall not exceed 50 percent of the required landscaped area and the total amount of high-water use turf grass shall not exceed more than 30 percent of the required landscaped area.

Vision Triangle Requirements. All landscaping, buffering, and screening shall comply with the vision triangle requirements pursuant to Subsection 11-2-19(d).

Low-Impact Development Practices. To the maximum extent practicable, the LID options in Section 11-4-4(e), Low-Impact Development Practices, shall be considered in coordination with the standards in Section 11-4-7.

Parking Area Landscaping.

Exemptions. Expansions, enlargements, and redevelopment that result in less than a 25 percent increase in the number of required parking stalls shall not be required to comply with this Subsection 11-4-7(i), Parking Area Landscaping.

Perimeter Landscaped Buffer.

A minimum five-foot wide landscaped perimeter buffer shall be provided between any parking area and a property line or public right-of-way.

Perimeter buffers shall be landscaped pursuant to Table 4-7 A.

Parking areas adjacent to residential zoning districts shall comply with Subsection 11-4-6(h)(2)(B), Design of Parking Areas within or Adjacent to Residential Districts.

Interior Landscaped Islands. Any parking area containing 12 or more parking spaces shall provide interior landscaping as follows:

Landscaped islands shall be provided at the end of any parking row containing 12 or more parking spaces. Each island shall be a minimum of eight feet in width, as measured from the flowline, and shall be a minimum length equal to the length of the parking stalls the island is adjacent to.

Each landscaped island shall contain a minimum of one tree and a minimum of either five five-gallon size shrubs or five ornamental grasses.

Landscaped islands shall be dispersed throughout the parking area to break up the visual appearance of the parking area.

Any landscape improvements provided in landscaped islands shall count toward the minimum planting requirements in Subsection 11-4-7(c), Landscape Plan Required.

Tree Preservation.

Existing trees may be credited toward required trees at a ratio of one-to-one, unless the Director approves a higher ratio to encourage tree preservation on a particular site.

Trees eligible for credit must be approved by the Director and shall be on the City's approved plant list and a minimum of 4-inch caliper.

Trees to be preserved shall be protected throughout the applicable development, and no grading shall take place within the tree canopy drip line.

Trees to be preserved shall be indicated as such on the landscape plan.

Alternative Landscaping.

Alternatives Authorized. A reduction in the count, configuration, or location of required landscaping materials may be allowed when alternatives are justified by site or development conditions. Conditions justifying approval of an alternative landscape plan include:

Natural conditions, such as watercourses, natural rock formations, or topography;

The likelihood that required landscaping material at maturity would not achieve the intent of this UDO due to topography, placement, or other existing site conditions;

Unique lot size or configuration;

The presence of existing utility or other easements;

The potential for interference with public safety;

Preservation of natural vegetation; or

Other situations where strict adherence to the buffer or landscape standards in this Code are determined impractical by the Director.

Alternative Landscape Plan Approval Criteria.

The Director may approve alternative landscape plans that do not meet the specific requirements stated in Section 11-4-7, when the Director determines that the alternatives meet the following criteria:

Are consistent with the purposes of Section 11-4-7;

Do not include invasive vegetation included in an adopted city, county, or state list of prohibited or invasive species;

Provide equal or superior buffering of adjacent properties from anticipated impacts of the proposed development; and

Provide equal or superior visual appearance of the property when viewed from a public right of way.

When an application requires review and/or approval by the Planning Commission and/or City Council, then the applicable decision-making body shall make the determination on alternative landscape plans based on a recommendation from the Director and pursuant to the criteria in paragraph (2) above.

Screening, Fences, and Walls.

Screening Standards.

Screening Required between Residential and Nonresidential Land Uses.

All new development and redevelopment shall provide sufficient screening so that adjacent properties are shielded from negative impacts.

The developer of an undeveloped property adjacent to an existing development shall be responsible for providing required screening.

Nonresidential property owners are responsible for maintenance of required screening if adjacent to residential land uses.

Nonresidential uses in mixed use districts are not required to provide screening to adjacent residential uses within a mixed use district.

Screening shall be no less than six feet high and shall be either a privacy fence, a landscaping screen, or a combination of both.

Screening of Mechanical Equipment.

Building support equipment, including air conditioning and heating devices, but not including plumbing or exhaust vents, chimneys, or gas and water meters, shall be screened from view from abutting streets or properties.

Roof-mounted equipment shall be screened by architectural features such as a parapet wall or similar feature that is integral to the building's design. Such equipment and screening shall be of a sufficient height to screen from public streets or adjacent properties to the maximum extent practicable, and shall be subject to the measurements and exceptions in Table 2-19 C.

Ground-mounted equipment shall be located where it is not visible from public streets or adjacent properties to the maximum extent practicable. In cases where ground-mounted equipment is visible from public open space, trails, streets, or from adjacent properties, such equipment shall be screened by a solid fence, wall, or vegetative screen pursuant to the following:

Screening shall be a minimum height equal or greater than the height of the mechanical equipment being screened; and

Screening shall be compatible with the architecture and landscape of the development.

Equipment required by utility providers shall comply with the standards of this subsection to the maximum extent practicable.

Screening of solar energy equipment is not required if determined by the Director that such screening would reduce the effectiveness of the solar energy equipment.

Single-family detached dwellings and agricultural structures are exempt from the requirement to screen mechanical equipment.

Screening of Loading Areas.

Outdoor loading and service areas shall be integrated into the primary building design.

To the maximum extent practicable, loading and service areas shall be screened from view at ground level, pursuant to the following:

Screening shall be a sufficient height to fully screen the loading or service activities;

Screening shall incorporate the primary materials and colors of the primary building for which the loading area serves.

The Director may allow alternatives to these standards for loading berths where strict compliance would be impractical due to the number of loading berths, the location of the loading and services areas on the site, or other unusual site conditions.

Screening of Refuse Areas.

To the maximum extent practicable, refuse areas shall be integrated into the primary building design.

Refuse areas shall not be visible at ground level from adjacent residentially zoned properties or residential uses.

To the maximum extent practicable, refuse areas shall be located where they are not visible from public streets or adjacent mixed-use or nonresidential districts.

Refuse areas shall screened from view by a solid wall or fence pursuant to the following:

Screening shall be a minimum height of six feet, but shall be of a sufficient height to fully screen the refuse area;

Screening shall fully enclose refuse areas on four sides with a gate provided for access; and

Screening shall incorporate the primary materials and colors of the primary building for which the loading or refuse area serves.

Screening of Outdoor Storage Areas. Outdoor storage areas that are adjacent to a residential zoning district or residential use, including a mixed-use building with residential, shall be screened from view by a solid wall or fence, or vegetative screening pursuant to the following:

Screening shall be a minimum height of six feet but in no case shall exceed eight feet in height;

Outdoor storage shall not exceed the height of the screening;

Screening shall incorporate the primary materials and colors of the principal building associated with the outdoor storage; and

A buffer with a minimum width of five feet shall be provided from the outdoor storage use to the property line adjacent to the residential zoning district or use. Such buffer shall be landscaped pursuant to Table 4-7 A.

Fence Standards.

Location and Design. Fences other than those used for screening in paragraphs (1)(A) through (1)(D) above shall comply with the following:

Front Yard Fences.

Fences located in a front yard shall not be allowed in the CG or CA districts.

Fences located in the front yard shall not exceed 42 inches in height, except for fences in the IN or PF districts, which shall not exceed eight feet in height, and fences associated with multifamily residential uses which shall not exceed six feet in height.

Except in the IN and PF districts, fences located in the front yard shall be a minimum of 50 percent transparent, as measured perpendicular to the fence for each fence section between supports.

Side and Rear Yard Fences. Fences located in the side or rear yard shall not be more than eight feet in height.

Exemptions. The height limitations of this subsection do not apply to any fence enclosing a tennis court, swimming pool, playing field, park, recreation facility, electric substation, gas regulator station, sand and gravel excavation, or noise barrier fences approved by the Director.

Vision Triangle. Fences shall comply with the vision triangle requirements in Subsection 11-2-19(d).

Framing Side of Wood Fence. The exposed framing of a wood fence shall face the interior yard when the fence abuts a public right-of-way.

Picket Fences. Picket fences less than five feet in height shall have the top of the pickets sawed or rounded to a blunt end.

Fence Materials.

Fencing material shall be compatible with the overall design of the principal building and site landscape. Acceptable materials include, but are not exclusive of:

Natural stone;

Brick;

Stucco;

Wood;

Plastic and vinyl if manufactured for the purposes of fencing;

Decorative concrete block;

Metal, such as wrought iron;

Chain link, except for along frontages facing the right-of-way of an arterial; and/or

Other materials deemed appropriate by the Director.

The following fencing materials are prohibited:

Chicken wire along a property perimeter, except those used for internal runs and personal gardens;

Chain link on frontages facing the right-of-way of an arterial;

Plywood;

Corrugated metal;

Barbed wire, unless approved by the Director; and

Electrically-charged fence, except for in the AG district.

Noise Barrier Fencing Along State Highways. Where a proposed residential development is adjacent to a State Highway, the Director shall have the authority to evaluate and approve noise barriers installed as part of a Colorado Department of Transportation requirement.

Fencing and Screening Along Arterial Streets.

For any existing development or dwelling, any new or replacement fence or screen along a rear or side property line abutting an arterial street shall be no less than six feet high and shall be a privacy fence, a landscaped screen, or a combination of both.

When a new fence is constructed along an arterial property line adjacent to and along an existing fence, the existing fence including posts shall be removed.

Openings in screens or gates in fences for vehicular access are prohibited except where an arterial is the only access to the property.

Revocable License for Fencing and Screening on Public Right-of-Way. Property owners installing or causing to be installed a fence or screen within public right-of-way shall require a revocable license from the City. An application for a revocable license shall be submitted on forms furnished by the City and shall be evaluated and either approved or denied. An approved revocable license shall be filed in the Office of the Adams County Clerk and Recorder. Such license shall place full responsibility upon the property owner for any loss of life, injury, or injuries, or damage to any property that may be sustained by any person or persons in connection with the erection and maintenance of the fence or screen and shall save harmless the City from any liability arising out of the erection and maintenance of the fence or screen. All rights and privileges acquired under the provision of fences, screens, and hedges on public right-of-way are mere revocable licenses and may be revoked at any time by the Director. Nothing in this paragraph shall be construed to obligate the City to issue a Revocable License as to any particular fence or screen.

Swimming Pools. Swimming pools shall be fenced in accordance with the requirements of the Northglenn Swimming Pool Code as contained in Chapter 10, Article 8, of the Northglenn Municipal Code.

Retaining Wall Standards.

Maximum Height. Retaining walls shall not exceed six feet in height measured vertically from the lowest point at natural grade to the highest point of the wall. The Director may approve higher wall heights to accommodate unusual grading or site topography. Retaining walls over four feet in height shall be designed by a State of Colorado licensed structural engineer.

Location and Design.

Retaining walls shall be designed in accordance with applicable building codes.

Retaining walls that are over 30 feet in length shall incorporate recessions and/or projections that have a minimum wall plane change of 24 inches.

Retaining walls shall be designed to conform to the existing natural terrain.

Retaining walls shall be compatible with the overall design of the principal building and site landscape. Acceptable materials include, but are not exclusive of:

Natural stone;

Brick;

Concrete keystone blocks;

Other materials deemed appropriate by the Director.

Approval of Screening, Fences, and Walls.

Building Permit Required. A building permit is required for any fence or any screen not exclusively consisting of plant material that is more than 30 inches in height, or for any retaining wall more than four feet in height.

Plans. Location and design of screening, fences, and walls shall be shown on the landscape plan pursuant to Subsection 11-4-7(c), Landscape Plan Required, for applications requiring such landscape plan, or on a plot plan or permit application for applications not requiring a landscape plan.

Installation and Maintenance of Landscaping, Screening, and Fencing Improvements.

Installation.

The developer shall install all landscape improvements prior to receiving a certificate of occupancy, unless otherwise approved by the Director with posting of sufficient security for improvements. The amount of required security shall be based on cost estimates of all landscape improvements including labor, and shall be provided by a qualified landscape architect, irrigation specialist, and/or local landscaping nursery.

Irrigation systems shall be professionally designed by a landscape architect or irrigation specialist. Raw water shall be used for irrigation to the maximum extent practicable.

Maintenance.

The owner of the property is responsible for the proper installation and maintenance of the landscaped area, screening, fencing, and parking lot area per the approved landscape plan.

Landscaped areas shall be continuously maintained including necessary watering, weeding, pruning, and pest control.

The City shall have the authority to order the repair of dilapidated fences, screens, or walls to a sound condition to protect the public health, safety, and welfare.

Replacement of Dead or Diseased Plant Material. Replacement of dead or diseased plant material shall be of equivalent species or material as specified in the approved landscape plan. Replacement shall occur at the time of removal, unless such removal occurs outside the planting season in which case the replacement shall occur during the next planting season. Replacement shall occur within one year from the time of removal.

[Source: Ord. 1766, 2019; 1782, 2019]

Section 11-4-8. Site and Building Design.

Purpose. The purpose of this Section 11-4-8 is to promote high-quality site and building design. The standards are intended to:

Protect and enhance the character and quality of development;

Ensure compatibility between residential and mixed-use and nonresidential areas;

Mitigate any potential negative impacts created by the scale, bulk, and mass of buildings;

Encourage a pedestrian-friendly environment; and

Protect and enhance property values and encourage further investment.

Applicability.

New Development. Unless otherwise exempted below, or elsewhere in this UDO, the standards in Section 11-4-8 shall apply to all new development and land uses.

Expansions and Enlargements. Unless otherwise exempted below, or elsewhere in this UDO, the standards in Section 11-4-8 shall apply to the following expansions and enlargements:

The entire site and buildings and/or dwelling units shall comply with this Section 11-4-8 when:

The number of multifamily dwelling units on a property is increased by 15 percent or more in a mixed-use district or 25 percent or more in all other districts; or

The square footage of a nonresidential or mixed-use building is expanded or enlarged by 25 percent or more in a mixed-use district or 50 percent or more in all other districts; or

Improvements are made to the building façade that would impact more than 50 percent of any building façade facing a public right-of-way.

The portion of the building and/or site being expanded and/or improved shall comply with this Section 11-4-8 when:

The number of dwelling units on a property is increased by 10 percent or 10 dwelling units, whichever is less; or

The square footage of a nonresidential or mixed-use building is expanded or enlarged by more than 10 percent.

Expansion of a single-family, duplex, or manufactured home dwelling shall comply with the requirements of Section 11-4-8(d)(1)(C)(iv).

Cumulative Expansions and Enlargements. Applications to expand buildings or structures after the effective date of this UDO shall remain on record with the City. Any subsequent application to expand buildings or structures on the same property shall be cumulative to any prior application. The total square footage of expansions and enlargements shall be used by the Director to determine the applicability of the standards in this Section.

Exemptions. The standards in Section 11-4-8 shall not apply to the following:

Properties in the AG district; or

Conversion of a residential structure to a nonresidential use if no site improvements are required.

Administration.

Site Plan Review Process.

Review for compliance with these standards shall occur at the time of site plan review. Where site plan review is not required, review for compliance with these standards shall occur prior to issuance of a building permit.

Interpretations as to the applicability or design requirements contained within this Section 11-4-8 shall be the responsibility of the Director. Appeals of the Director's interpretations shall be heard according to the procedure in 11-6-7(d), Appeal.

Alternative Equivalent Compliance.

Purpose and Scope. To encourage creative and unique design, "alternative equivalent compliance" allows approval of development that meets the intent of this Section 11-4-8, yet through an alternative design that does not strictly adhere to the standard of this Section 11-4-8. This is not a waiver of the standards. Rather, this authorizes a site-specific plan that is equal to or better than the strict application of the standard.

Applicability. The alternative equivalent compliance procedure is available only for the standards in Section 11-4-8, Site and Building Design.

Alternative Equivalent Compliance Meeting Required. An applicant proposing alternative equivalent compliance shall request and attend an alternative equivalent compliance meeting prior to submitting application materials for the applicable permit(s), to determine the preliminary response from the Director. Based on the response, the application shall include sufficient explanation and justification, in both written and graphic form, for the requested alternative compliance. The Director may require that the applicant provide additional drawings and/or material samples to consider the need for the proposed alternative.

Decision-Making Responsibility. Final approval of any proposed alternative compliance shall be the responsibility of the decision-making body responsible for deciding upon the application. Administratively approved projects proposing alternative compliance shall receive written approval of the alternative compliance from the Director.

Criteria. Alternative equivalent compliance may be approved if the applicant demonstrates that the following criteria have been met by the proposed alternative:

Achieves the intent of the subject standard(s) to the same or better degree than the subject standard(s);

Advances the goals and policies of this UDO to the same or better degree than the subject standard(s);

Results in benefits to the community that are equivalent to or exceed benefits associated with the subject standard(s); and

Imposes no greater impacts on adjacent properties than would occur through compliance with the specific requirements of this UDO.

Effect of Approval. Alternative equivalent compliance shall apply only to the specific site for which it is requested and shall not establish a precedent for approval of other requests.

Residential Site and Building Design Standards.

Single-Family Detached Dwellings.

Building Variety. For new subdivisions, the following building variety standards shall apply:

All New Subdivisions. No two buildings with the same front elevation shall be constructed side by side or directly across the street from one another.

Three Dwelling Units or Fewer. Each building shall have a distinct front elevation.

Three to 10 Dwelling Units. Three different buildings with distinct front elevations shall be required.

More than 10 Dwelling Units. Five different buildings with distinct front elevations are required, and no more than 30 percent of the units constructed shall have the same front elevation.

Building Mass. Exterior walls shall be broken by recessed entryways, bay windows, use of more than one exterior finish material, use of architectural details, or such other technique or combinations of techniques to prevent the appearance of featureless walls.

Exterior Finish Materials.

Brick, stone, or other masonry materials shall be used on an area of at least 30 percent of the façade fronting the public right-of-way. Such materials shall be applied across the façade using a consistent visual design, and not an inconsistent or fragmented application of materials. (See Figure 4.B.)

The use of shipping containers or CONEX boxes shall be prohibited in residential zoning districts.

Except for properties in the AG district, accessory structures are subject to the following:

All accessory structures requiring a building permit shall be architecturally compatible with its associated principal structure or screened from view of abutting properties and public rights-of-way.

For properties with residential land uses or within a residential zoning district, facades of accessory structures that are facing a public right-of-way and where the principal structure is brick, stone, or other masonry materials, shall use the same materials on an area of at least 30 percent of the accessory structure façade fronting the public right-of-way. This requirement shall not apply to accessory structures that are located entirely behind the principal structure with no portion of the accessory structure extending beyond the side building line of the principal structure.

Building additions to existing dwellings are subject to the following:

All additions shall be architecturally compatible with its associated principal structure or screened from view of abutting properties and public rights-of-way.

Facades of additions that are facing a public right-of-way and where the principal structure is brick, stone, or other masonry materials, shall use the same materials on an area of at least 30 percent of the façade fronting the public right-of-way. This requirement shall not apply to additions that are located entirely behind the principal structure with no portion of the addition extending beyond the side building line of the principal structure.

Single-Family Attached and Duplex Dwellings.

Building Mass. The building mass standards for single-family detached dwellings shall also apply to single-family attached buildings. Additionally, there shall be no more than eight units in a row.

Entry and Orientation. The front door of each individual dwelling unit shall face a public street. Units may be allowed to face a central courtyard, garden, or common area only with Director approval and provided that the dwelling units closest to the public street have a primary entrance to the public street.

Façade Design.

No more than 60 percent of the units in any single-family attached building with five or more units shall have the same exterior facade.

Duplexes shall be designed to appear as a single-family detached dwelling to the maximum extent practicable.

Exterior Finish Materials. The exterior finish materials requirements for single-family detached dwellings shall also apply to single-family attached and duplex dwellings.

Multifamily Dwellings.

Purpose. The design of multifamily development is important to reduce the visual impacts of multifamily dwellings and to promote a more pedestrian-friendly environment in Northglenn neighborhoods. More specifically, these standards are intended to:

Provide multifamily development that avoids featureless design, large masses, and repetition of facades;

Promote multifamily development that is compatible or improves the characteristics of surrounding development; and

Improve the quality of life for Northglenn residents of multifamily dwellings.

Building Placement and Orientation.

Generally.

The siting of a building shall reflect the natural topography and preserve existing trees and landscaping material pursuant to Section 11-4-7, Landscaping, Screening, and Fencing.

To the maximum extent practicable, buildings shall be sited parallel to public rights-of-way.

Multi-Building Developments. For developments with three or more buildings:

Buildings shall be arranged using one or more of the following techniques:

Organize units around a central courtyard that maintains a consistent side yard setback between units along the street frontage;

Locate the buildings on the corner of an adjacent street intersection or entry point to the development to frame the corner;

Provide common gathering spaces between buildings; and/or

Other site improvements as approved by the Director.

To the maximum extent practicable, buildings shall avoid side-by-side, end-to-end, or "barracks" style building orientation.

Building Entrances.

The primary building entrance shall face a public or private street or shall face a common open space, interior courtyard, park, or on-site natural feature with clearly defined and accessible pedestrian circulation.

For multi-building developments, at least one building shall be oriented with an entrance facing the primary street or the street providing main access to the site.

For buildings on corners, the primary building entrance may be oriented toward the corner for emphasis.

Primary building entrances shall be defined and articulated with architectural elements such as pediments, columns, porticos, porches, overhangs, or other elements approved by the Director. For buildings with multiple tenant entries, each entrance shall be defined and articulated with architectural elements.

All ground-floor pedestrian entrances shall be covered or inset.

Building Mass. Buildings shall not extend more than 50 continuous feet without incorporating at least two of the following five elements (Items i-v below) for each 50-foot segment:

Projections, recessions, or reveals such as columns, pilasters, cornices, and bays, and having a change of wall plane that is a minimum depth of two feet and has the effect of casting shadows;

Changes in materials, colors, patterns, or textures;

Changes in roof form pursuant to Subsection 11-4-8(d)(3)(G);

Windows, doors, and openings pursuant to minimum transparency requirements in Subsection 11-4-8(d)(3)(H); and/or

Alcoves, porticoes, awnings, and other architectural features to provide visual interest and relief.

Exterior Finish Materials.

All exposed surfaces of principal buildings shall use a variety of durable materials, including:

Brick, stone, or other masonry;

Stucco;

Split-face block;

Composite siding;

Steel or rust-resistant architectural metal;

Treated rot-resistant or paint-grade wood; or

Comparable materials as approved by the Director.

Brick, stone, or other masonry materials shall be used on a minimum of 30 percent of all exterior walls. Such materials shall be applied across the façade using a consistent visual design, and not an inconsistent or fragmented application of materials. (See Figure 4.B.)

All accessory structures requiring a building permit shall be architecturally compatible with its associated principal structure or screened from view of abutting properties and public rights-of-way. Facades of accessory structures that are facing a public right-of-way and where the principal structure is brick, stone, or other masonry materials, shall use the same materials on an area of at least 30 percent of the accessory structure façade fronting the public right-of-way.

The following materials are prohibited as exterior cladding or roofing materials:

Aluminum siding or cladding, except as accent materials;

Galvanized steel or other bright metal, except as accent materials;

Plastic or vinyl siding;

Unfinished concrete masonry units or concrete wall;

Shipping containers or CONEX boxes;

Exposed aggregate; and

Reflective glass.

Comprehensive Design. Building elevations that face a public street or right-of-way, or other public area such as open space or common areas, shall be finished with similar levels of architectural details, materials, and façade treatments. Blank wall void of architectural details or other variations are prohibited.

Roof Form. Building shall be designed to avoid any continuous roofline longer than 60 feet. Rooflines longer than 60 feet shall include at least one vertical elevation change of at least two feet in height. Sloped rooflines shall provide variation in overhangs and architectural elements to provide visual relief.

Transparency (Windows, Doors, and Openings).

At least 25 percent of the ground-floor wall area, as measured from floor plate to floor plate, of any façade facing a public street or other public area such as a plaza, park, or open space shall contain windows, other transparent materials, or doorways. Such windows, transparent materials, or doorways shall be unobstructed and allow views into common areas, foyers, lobbies, pedestrian entrances, hallways, and display areas, but may be translucent or opaque for individual dwelling units or working areas.

At least 20 percent of each upper-floor wall area, as measured from floor plate to floor plate, of all building façades shall contain windows or other transparent materials.

Windows and other materials intended to meet the minimum transparency requirements shall not be reflective.

Reductions to these minimum standards may be approved by the Director if required to comply with local energy codes.

Playgrounds. One playground tot-lot, including commercial-grade play apparatus and seating for parents, shall be provided for every 40 dwelling units. In developments of more than 40 units, one multi-purpose hard surface court shall be provided for each 100 dwelling units. Alternative amenities may be allowed by the Director.

Stairways. Stairways shall not be located outside of the building envelope.

Mixed-Use and Nonresidential Site and Building Design.

Purpose. The design of mixed-use and nonresidential development is important to:

Promote high-quality building design and enhance the visual interest and character of development;

Ensure compatibility between residential and nonresidential development;

Ensure building scale, orientation, and design relates to surrounding uses an streets, and creates a cohesive visual identity and an attractive and pedestrian-friendly streetscape; and

Ensure safe and efficient access between buildings and parking areas.

Building Orientation for Large and/or Multi-Building Developments. Developments with more than 100,000 square feet shall be organized to create pedestrian-friendly spaces and streetscapes. This shall be accomplished by using the buildings to frame and emphasize at least one of the following:

The corners of street intersections or entries into the development site;

A "main street" pedestrian or vehicle access corridor within the development site; and/or

A plaza, pocket park, square, or other outdoor gathering space for pedestrians; and/or

Other site improvements as approved by the Director.

Building Entrances.

The primary building entrance shall face the primary street or the street providing main access to the site. In cases where the primary building entrance does not face the primary street, the entrance shall be connected to the primary street and adjacent parking areas with sidewalks.

For multi-building developments, at least one building shall be oriented with an entrance facing the primary street or the street providing main access to the site.

For buildings on corners, an additional entrance shall be provided on the side street frontage, or the primary entrance shall be oriented toward the corner.

Primary building entrances shall be defined and articulated with architectural elements such as pediments, columns, porticos, porches, overhangs, or other elements approved by the Director.

For buildings with multiple tenant entries, each entrance shall be defined and articulated with architectural elements.

All ground-floor pedestrian entrances shall be covered or inset.

The Director may consider alternatives to these building entrance standards where strict compliance is impractical due to site conditions, provided the alternative:

Achieves the overall intent of the standard to the same degree or higher;

Results in benefits to the community that are the same degree or higher; and

Imposes no greater impacts on adjacent properties than would otherwise occur through strict compliance with this section.

Building Mass.

Mixed-Use Districts. Buildings shall not extend more than 40 continuous feet without incorporating at least four of the five massing reduction elements in subsections (C)(i-v) below for each 40-foot segment.

All Other Nonresidential. Buildings shall not extend more than 50 continuous feet without incorporating at least three of the five massing reduction elements in subsections (C)(i-v) below for each 50-foot segment.

Massing Reduction Elements.

Projections, recessions, or reveals such as columns, pilasters, cornices, and bays, and having a change of wall plane that is a minimum depth of two feet and has the effect of casting shadows;

Changes in materials, colors, patterns, or textures;

Changes in roof form pursuant to Subsection 11-4-8(e)(7);

Windows, doors, and openings pursuant to minimum transparency requirements in Subsection 11-4-8(e)(8); and/or

Alcoves, porticoes, awnings, and other architectural features to provide visual interest and relief.

Exterior Finish Materials.

All exposed surfaces of principal buildings shall use a variety of durable materials, including:

Brick, stone, or other masonry;

Stucco;

Split-face block;

Composite siding;

Steel or rust-resistant architectural metal;

Treated rot-resistant or paint-grade wood; or

Comparable materials as approved by the Director.

Except for properties in the IN or PF districts, all accessory structures requiring a building permit shall be architecturally compatible with its associated principal structure or screened from view of abutting properties and public rights-of-way.

The following materials are prohibited as exterior cladding or roofing materials:

Aluminum siding or cladding;

Plastic or vinyl siding;

Unfinished concrete masonry units or concrete wall;

Shipping containers or CONEX boxes unless approved by the Director, and provided the proposed use of such materials is only for an accessory structure in an industrial or public facilities zoning districts, or in other nonresidential zoning districts if it is integrated with other materials so as to not appear as a CONEX box and is not used for storage;

Exposed aggregate; and

Reflective glass.

Comprehensive Design. Building elevations that face a public street or right-of-way, or other public area such as open space or common areas, shall be finished with similar levels of architectural details, materials, and façade treatments. Blank wall void of architectural details or other variations are prohibited.

Roof Form.

Mixed-Use Districts. Buildings shall be designed to avoid any continuous roofline longer than 60 feet. Rooflines longer than 60 feet shall include at least one vertical elevation change of at least two feet in height. Sloped rooflines shall provide variation in overhangs and architectural elements to provide visual relief.

All Other Nonresidential. Buildings shall be designed to avoid any continuous roofline longer than 80 feet. Rooflines longer than 80 feet shall include at least one vertical elevation change of at least two feet in height. Sloped rooflines shall provide variation in overhangs and architectural elements to provide visual relief.

Transparency (Windows, Doors, and Openings).

Generally.

For live-work dwellings and residential uses, ground-floor windows, transparent materials, or doorways shall be unobstructed and allow views into common areas, foyers, lobbies, pedestrian entrances, hallways, and display areas, but may be translucent or opaque for individual dwelling units or working areas. Faux architectural windows or equivalent may be approved by the Director upon consideration of a request for alternative equivalent compliance outlined in Section 11-4-8(c)(2).

Windows and other materials intended to meet the minimum transparency requirements shall not be reflective.

Reductions to these minimum standards may be approved by the Director if required to comply with local energy codes.

Mixed-Use Districts.

At least 50 percent of the ground-floor wall area between three and eight feet above grade of any building façade facing a public street or other public area such as a plaza, park, or open space, and any building façade with the primary entrance shall contain windows, other transparent materials, or doorways.

At least 25 percent of each upper-floor wall area, as measured from floor plate to floor plate, of all building façades shall contain windows or other transparent materials.

Commercial Districts.

At least 40 percent of the ground-floor wall area between three and eight feet above grade of any building façade facing a public street or other public area such as a plaza, park, or open space, and any building façade with the primary entrance shall contain windows, other transparent materials, or doorways.

At least 20 percent of each upper-floor wall area, as measured from floor plate to floor plate, of all building façades shall contain windows or other transparent materials.

All Other Nonresidential.

At least 20 percent of the wall area of any building façade facing a public street or other public area such as a plaza, park, or open space shall contain windows, other transparent materials, or doorways.

[Source: Ord. 1766, 2019; 1782, 2019]

Section 11-4-9. Exterior Lighting.

Purpose. The purpose of Section 11-4-9 is to ensure that public areas within the City have adequate outdoor illumination while also limiting the impacts of outdoor lighting nuisance on adjacent properties.

Applicability.

General Applicability. Unless exempted below, Section 11-4-9 applies to new development and to new buildings or improvements to previously developed lots.

Exemptions.

Single-family and duplex dwelling lighting shall be exempt from these standards provided lighting does not result in spillover onto adjacent properties or the public right-of-way.

Temporary outdoor string lighting is allowed provided such lighting does not result in spillover onto adjacent properties or the public right-of-way.

Exterior Lighting Plan Required. An exterior lighting plan shall be submitted with all development applications unless the Director determines that compliance with the provisions of Section 11-4-9 can be demonstrated without the use of an exterior lighting plan.

Exterior Lighting Standards.

General Lighting Standards.

Area lighting shall be provided for all roadways, alleys, playgrounds, and public common areas and shall remain on all night.

All light sources shall be full cutoff fixtures to minimize the impacts to adjacent properties and public rights-of-way.

Lighting shall be the minimum recommended practice necessary for safety and security. Lighting not required for public safety and security shall be extinguished outside of operating hours.

Light spillover onto adjacent properties shall not exceed one foot-candle at any property line, except where the property line is adjacent to walkways, driveways, and streets or in nonresidential developments comprised of multiple lots.

Flickering, pulsing, flashing, or any other lights that could distract or confuse a motorist are prohibited.

Parking Lot Lighting.

Parking area lighting shall be full cutoff and downcast fixtures.

Parking lot lighting adjacent to residential districts or residential uses shall not exceed a maximum of 25 feet in height.

Exterior Building Lighting.

Building lighting shall be provided at all entryways and on all sides of the building.

Building lighting shall be installed so that all lighting is cast downward. Building lighting that is shining upward (uplighting) architectural features may be allowed for nonresidential or mixed-use buildings, but not adjacent to a residential zoning district or single-family or duplex use.

[Source: Ord. 1766, 2019]

Section 11-4-10. Signs.

urpose and Intent.

Purpose. The purpose of this Section 11-4-10 is to promote public health, safety and welfare by:

Regulating the number, location, size, type, illumination and other physical characteristics of signs within the City in order to promote the public health, safety and welfare;

Protecting the public from signs which are structurally unsafe;

Promoting traffic safety and the free movement of traffic and protect the public from the hazardous conditions which result from signs that may confuse and distract or obscure the vision of motorists, bicyclists, and pedestrians or impair their ability to see pedestrians, obstacles, other vehicles or traffic signs;

Promoting efficient communication of messages;

Assisting in wayfinding;

Maintaining, enhancing and improving the aesthetic environment of the City by preventing visual clutter that is harmful to the appearance of the community;

Improving the visual appearance of the City while providing for effective means of communication, consistent with constitutional guarantees and the City's goals of public safety and aesthetics; and

Providing for fair and consistent enforcement of the sign regulations set forth herein under the zoning and police power authority of the City.

It is not the purpose or intent of this section to regulate the message displayed on any sign; nor is it the purpose or intent of this section to regulate any building design or display not defined as a sign, or any sign which cannot be viewed from outside a building. The content of the message or speech displayed on the sign shall not be reviewed or considered in determining whether to approve or deny a sign permit.

Intent. The intent of this section, as more specifically set forth herein, is to:

Allow a wide variety of sign types in non-residential use areas, and a more limited variety in residential use areas, subject to the standards set forth in this section;

Allow certain small, unobtrusive signs incidental to the principal use of a site in all zones when in compliance with the requirements of this section;

Prohibit signs whose location, size, type, illumination or other physical characteristics negatively affect the environment and where the communication can be accomplished by means having a lesser impact on the environment and the public health, safety and welfare; and

Provide for the enforcement of the provisions of this section.

General Provisions.

General.

No sign shall be erected, mounted, displayed, or remodeled unless it is in full compliance with this section, with the regulations for the zone in which it is located, and with all applicable laws of the City of Northglenn and the State of Colorado. The general provisions of this Article shall apply to all signs except signs erected, mounted, displayed, or remodeled on property owned, controlled, or maintained by the Federal Government, the State or the City, including public streets, alleyways, sidewalks, rights-of-way, trails, easements, parks and other spaces. Those matters are addressed through other provisions of the Northglenn Municipal Code.

Repairs and maintenance of existing signs is allowed pursuant to 11-1-5(b)(2) and 11-4-10(b)(4) below.

Substitution. Subject to the land owner's consent, a noncommercial message of any type may be substituted for any duly permitted or allowed commercial message or any duly permitted or allowed noncommercial message; provided, that the sign structure or mounting device is lawful without consideration of message content. Such substitution of message may be made without any additional approval or permitting. This provision prevails over any more specific provision to the contrary within this chapter. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message. This provision does not create a right to increase the total amount of signage on a parcel, nor does it affect the requirement that a sign structure or mounting device be properly permitted.

Applicability of Building Codes. All signs shall meet the applicable design, construction, and related standards specified in the Building Codes as amended, updated, or adopted. All electrical work shall be performed by an electrician licensed by the State of Colorado. No electrical work shall be performed without first having obtained a valid electrical permit issued by the City of Northglenn.

Nonconforming Signs.

Generally.

Any sign granted approval by the City and issued prior to the adoption of this UDO and not conforming to the regulations established herein shall be considered a legal nonconforming sign and subject to the provisions of this section.

Any existing sign which has previously been granted a variance shall be considered conforming for the purposes of this UDO.

Continuation of Nonconforming Signs.

Subject to the termination provisions below, a nonconforming sign may be continued and shall be maintained in good structural condition. Legally nonconforming signs shall not be:

Replaced or structurally altered;

Altered or repaired so as to increase the degree of non-conformity of the sign;

Re-established after abandonment for 90 consecutive days of the use to which the sign pertained; or

Re-established after damage or destruction if the estimated cost of reconstruction exceeds 50 percent of its assessed valuation as shown in the original sign permit.

Any violation of these provisions shall immediately terminate the right to maintain said nonconforming sign.

Permit Exemptions. The following signs shall not require a permit. These exemptions, however, shall not be construed as relieving the owner of the sign from the responsibility of its erection and maintenance, and its compliance with the provisions of this UDO or any other law or ordinance regulating the same.

Any sign and any other notice or warning required by a valid and applicable federal, state or local law, regulation or resolution.

Balloons smaller than two feet in diameter and arranged in groups of less than 12 not to exceed four groups, unless granted a temporary use permit.

Building directory signs are allowed, in addition to wall signs otherwise permitted by these regulations. Building directory signs may be allowed up to a total of 15 square feet for the purpose of identifying tenants of a building.

Building markers

Directional signs, subject to the following:

Signs are located on the property where the business is located;

Signs are located on private property and not in any public rights-of-way;

Signs shall not be located along street frontage;

Signs shall not create a traffic hazard; and

Signs do not exceed four square feet per sign face.

Entrance or exit signs

Flags, subject to the following:

Flags shall not exceed any proportions established by applicable State or Federal law or Presidential declaration. Flags or pennants larger than specified are not allowed.

Flags shall have a minimum clearance of eight feet when they project over public sidewalks and 15 feet when projecting over roads.

Flags, pennants and insignia shall be maintained in a clean and undamaged condition at all times.

The display of national flags, pennants and insignia shall be governed by the standard rules of international protocol.

No more than three flags shall be displayed per parcel of record and shall be mounted on a single flag pole, or three separate flag poles installed either on the building or adjacent to the building/use to which they are appurtenant.

No flag shall be displayed on a pole greater than 20 feet in height unless otherwise required by law.

Holiday lights and decorations containing no commercial message, and displayed 60 days prior to and 15 days after the holiday.

Single-family residential signs and multi-family temporary signs for individual dwelling units.

Vehicle signs measuring two square feet or less. (Refer to Section 11-4-10(g)(2)).

Window signs, both permanent and temporary, not to exceed 25 percent of the total window area per façade. (Refer to Section 11-4-10(f)(7)).

Works of art.

Prohibited Signs. The following signs shall not be erected, mounted, displayed, maintained or remodeled:

Advertising on bus benches or on bus shelters except as may be specifically approved by City Council via a license agreement;

Animated signs;

Balloons larger than two feet in diameter or balloons arranged in groups greater than 12, unless granted through a temporary use permit;

Roof signs;

Search lights;

Signs or posters on or extending into any public right-of-way, except as authorized by resolution of City Council;

Signs using any sound or noise-making or transmitting device with such sound device used separately for advertising purposes beyond the confines of a building;

Signs which block any window, doorway, or any other opening required for proper ventilation, light, or exit facilities;

Signs which by their light or focus cause a nuisance by unduly disturbing the uses of surrounding property or by causing a traffic hazard;

Signs with optical illusion of movement by means of a design which presents a pattern capable of reversible perspective, giving the illusion of motion or changing copy;

Strings of light bulbs in non-residential parking areas unless granted through a temporary use permit; and

Vehicle signs: It shall be unlawful to park, place or store a vehicle or trailer on which there is a motor vehicle sign with more than two square feet for more than 96 hours, on private or public property, unless a temporary sign permit has been approved or a temporary use permit has been granted. Public transit vehicles are exempt. (Refer to Section 11-4-10(g)(2)).

Enforcement.

Unlawful Acts. Unless specifically allowed by another article of this section, it shall be unlawful for any person, firm or corporation to erect, maintain, affix, post or remodel any sign without first obtaining a permit from the Department of Planning and Development.

Administrative Enforcement. The Director of Planning and Development, henceforth referred to as 'Director', is hereby authorized and directed to enforce all provisions of this section. In addition to the penalty provisions set forth in subsections (1) and (2) below, specific authority is granted to the enforcement officer to remove, or have removed, signs erected, mounted, displayed, maintained or remodeled in violation of this section after posting of a notice at least 24 hours prior to removal upon the premises where such sign(s) is located. Enforcement is also authorized administratively as follows:

Violations of this section may result in enforcement under Chapter 19 of the Northglenn Municipal Code.

Violations of this section may also be punishable as provided in Chapter 1, Section 1-1-10 of the Northglenn Municipal Code.

Sign Removal. Authorized City staff may remove any sign erected, mounted, displayed, maintained or remodeled in violation of this Article under the following circumstances:

A sign may be removed without notice when it is determined by the Director to present an immediate threat to the safety of the public;

A sign may be removed without notice when it is illegally placed within the public rights-of-way, attached to a utility pole or City traffic sign, upon public sidewalks or roadway, or on any public building or structure when such facilities are located on public property or within public easements;

When a sign is determined to be abandoned by the City, provided that the City must first provide 14 days' notice to the underlying property owner or business owner that the sign is deemed abandoned; and

The cost of removal shall be borne by the owner or lessee of the sign.

Sign Disposal. When a sign has been removed by the City, the City shall take the following actions:

The City shall hold a sign for at least seven days. After seven days the City may dispose of the sign without prior notice to the sign owner. Sign owners wishing to reacquire possession of removed signs prior to their disposal shall make a formal request to the Planning and Development Department to arrange pick-up.

For signs with fair market value exceeding $100.00 as determined by the City, the City shall provide notice by mail to the following:

Sign Owner. If mailing address can be determined by the City after reasonable efforts in investigation. "Reasonable efforts" shall include investigation efforts that take no longer than one-half (½) hour of staff time.

Underlying Property Owner

If the address of the sign owner cannot be reasonably ascertained, the City shall mail the notice to the underlying real property owner, as identified in the records of the County Assessor's Office.

If the underlying property owner is the City or the identity of the sign owner cannot be ascertained as required by this subsection, no mailed notice shall be required prior to disposal of the sign.

Maintenance of Signs. Every sign shall be maintained in good structural condition as defined by the adopted version of the International Building Code (IBC). Landscaped areas surrounding the sign or that is considered part of the sign with the application approval shall also be maintained through regular mowing, watering, weeding, replacement, and pruning. The Director or his authorized representative shall inspect and have the authority to order the repainting, alteration, removal, or general upgrading of the condition of any sign or its surrounding landscaped area which constitutes a hazard or violates the stated purposes of this UDO through dilapidation or inadequate maintenance.

Administration.

Sign Permit Required. Except as this UDO expressly or otherwise provides, no sign shall be erected, mounted, displayed, remodeled, reconstructed, maintained or moved in the City without first securing a permit from the City. Changes made to the display area of any existing sign structure area are exempt from the requirement of securing a permit from the City. The content of the message or speech displayed on the sign shall not be reviewed or considered in determining whether to approve or deny a sign permit.

Process.

Application. An application for a sign permit shall be obtained from and submitted to the Building Department.

Sign Permit Fees. All applications for sign permits shall be accompanied by payment of fees, to be based on the building permit fees in the International Building Code in place at the time of application. Valuation of signs shall be determined by use of the Colorado State Tax Commission Manual in effect at the time of application. In the case of any application for alteration or improvement of an existing sign, the fees shall apply to any increase in valuation of such sign.

Decision. The Director or the Director's designee shall approve or deny the sign permit within seven days of receipt of the complete application.

Denial. If the permit is denied, the issuing authority will contact the applicant within three days to explain the reason for denying the permit. If the applicant and the issuing authority cannot agree on a sign that can be approved, the issuing authority shall prepare a written notice of denial within 10 days of its decision, describing the applicant's appeal rights and forward it to the applicant.

Appeal. Any denial of the Director or their designee may be appealed by the applicant submitting formal application to the Board of Adjustment under the process outlined in Section 11-6-7(d), Appeal.

Measurement and Computation.

Determining Sign Area.

Wall Signs.

For a wall sign which is framed, outlined, painted or otherwise prepared and intended to provide a background for a sign display, the area shall include the entire portion within such background or frame.

For a wall sign without a distinguishable frame or outline, the area shall be determined by the following (See Figure 4.C.):

The area of the sign shall encompass a regular geometric shape (rectangle, circle, trapezoid, triangle, etc.), or a combination of regular geometric shapes, which form, or approximate, the perimeter of all elements in the display, the frame, and any applied background that is not part of the architecture of the building.

When multiple elements are organized to form a single sign, but are separated by open space, the sign area and dimensions shall be calculated by determining the geometric form, or combination of forms, which comprises all of the display area, including the space between different elements.

Minor appendages to a particular regular shape, as determined by the Director, shall not be included in the total area of a sign.

Freestanding Signs.

The sign area shall include the frame, if any, but shall not include:

A pole or other structural support unless such pole or structural support is internally illuminated or otherwise designed to constitute a display device, or a part of a display device.

Architectural features that are part of a freestanding structure, and not an integral part of the sign, and which may consist of landscape, building or structural forms complementing the site in general as determined by the Director, shall not be included in the total area of a sign.

Multi-faced signs are measured as a total of all sign faces. However, when two identical sign faces are placed back-to-back so that both faces cannot be viewed from any point at the same time and are part of the same sign structure, the sign area shall be computed as the measurement of one of the two faces. (See Figure 4.D.) When the sign has more than two display surfaces, the area of the sign shall be the total area of largest display surfaces that are visible from any single direction. (See Figure 4.E.)

Disputes. If an applicant does not agree with the determination of sign area, the applicant can submit a formal application to the Board of Adjustment in accordance with Section 11-6-7(d), Appeal.

Determining Sign Height.

The height of a freestanding sign shall be measured from the base of the sign or supportive structure at its point of attachment to the ground, to the highest point of the sign. A freestanding sign on an elevated base of any kind, including a graded earth mound, shall be measured from the grade of the nearest pavement or top of any pavement curb.

Clearance for freestanding and projecting signs shall be measured as the smallest vertical distance between finished grade and the lowest point of the sign including any framework or other embellishments.

Illumination.

Lighting for signs shall not create a hazardous glare for pedestrians or vehicles either in a public street or on any private premises.

The light source, whether direct, indirect, or internal, shall be shielded from view. This requirement is not intended to preclude the use of diffused exposed neon or electronic message centers (EMC).

Illumination for directly or indirectly illuminated signs shall utilize focused light fixtures that do not allow light or glare to shine above the horizontal plane of the top of the sign or onto any public right-of-way or adjoining property.

Each internally illuminated sign (including EMCs) shall be designed so that illumination does not exceed 500 nits (candelas per square meter).

Each directly or indirectly lit sign shall be designed so that illumination does not exceed 100 luxes (10 footcandles) measured at a distance of 10 feet from the sign.

Building Façades.

The building façade shall include the building walls that face a public street or a parking lot which serves the uses therein.

The area of any building façade shall be defined as the square footage of all wall areas parallel, or nearly parallel, to a street frontage, excluding any such wall area determined by the Director as clearly unrelated to the facade criteria. (See Figure 4.F.)

Buildings with two or more façades. The square footage of the wall and allowable sign area shall be calculated separately for each such building façade.

Multiple-tenant Building. The sign area for a multiple tenant unit shall be determined by measuring the square footage of that tenant unit's building facade.

Vision Triangles. The vision triangle free of sign obstructions is required where a driveway intersects a public right-of-way or where property abuts the intersection of two public rights-of-way pursuant to Section 11-2-19(d).

Permanent Non-Residential Signs.

Wall Signs.

The linear dimension of the wall sign(s) shall not be greater than 80 percent of either the length of the tenant space or the length of the building façade.

For multi-story buildings, individual buildings with three stories or greater with multiple tenants are subject to the following provisions:

One high wall sign per façade may be located in the area between the bottom of the top floor and the top of the parapet wall; and

Remaining signage must be located between the ground level and first floor.

Signage can be internally, directly or indirectly illuminated.

The area of all wall sign(s) shall be based upon the following Table 4-10 A:

Marquee, Awning, Canopy Signs, and Changeable Copy.

One marquee, canopy, awning, or changeable copy sign shall be allowed per business or tenant for each public street frontage faced by the business or tenant.

Any portion of the marquee, canopy, awning, or changeable copy sign that is used for commercial advertisement shall be counted towards the wall sign allowance.

No portion of the signage shall be allowed to extend above or below the marquee, canopy, or awning.

Projecting Signs.

Projecting signs shall have a maximum area of 12 square feet.

Projecting sign area will count towards wall sign allowance.

The bottom of the sign shall be a minimum of eight feet above the sidewalk.

Sign(s) shall not project more than four feet from the wall of the building on which the sign is placed; and adjacent projecting signs shall not be closer than 20 feet to one another.

Freestanding Signs.

Multiple-tenant Building. If two or more businesses share a building, joint identification signs shall be used. (Reference Section 11-4-10(f)(5)).

Single-tenant Building. Only one sign is allowed for each street frontage, with a maximum of two signs per single-tenant building.

If a freestanding sign exceeds eight feet in height, the width of the base shall not exceed one-third the width of the sign face.

No two freestanding signs shall be closer together than 10 feet. In the event that two signs are located on one site, they each must be separated by a minimum of 50 feet from one another.

Signs shall be set back a minimum of 10 feet from the edge of curb. In no case shall a sign be placed in the right-of-way or obstruct any vision triangle as outlined in Section 11-2-19(d).

Signs may be internally or indirectly illuminated.

Electronic message centers (EMCs) are permissible, subject to the regulations in Section 11-4-10(f)(6).

Uses with a drive-through facility.

A maximum of two additional signs are allowed per service drive aisle, not to exceed 50 square feet or eight feet in height each.

Sign(s) must be adjacent to service drive aisle.

Electronic message centers (EMCs) are permissible, subject to the regulations in Section 11-4-10(f)(6).

The area of freestanding sign(s) shall be based upon the following Table 4-10 B:

Joint Identification Signs. Joint identification signs shall be used for those businesses in non-residential zones that have two or more businesses sharing a building. Individual freestanding signs shall not be permitted in these cases.

Business sharing a common wall or a joint driveway or parking area may submit an application for a joint identification sign.

For a new joint identification sign or for a modification to a permitted sign, the applicant must provide documentation signed by each property owner identifying the rules, regulations and maintenance obligations pertaining to the sign.

Only one sign is allowed for each street frontage, with a maximum of two signs per multiple-tenant building. If two signs are used, the maximum area based on building square footage shall be allowed for both signs.

A maximum of 25 percent of the joint identification sign shall be used for the shopping center anchor sign panel; a minimum of 10 square feet shall be used for all other business sign panels.

All signs shall be set back a minimum of 10 feet from the edge of curb. In no case shall a sign be placed in the right-of-way or obstruct any vision triangle as outlined in 11-2-19(d).

Sign(s) may be internally or indirectly illuminated.

Electronic message centers (EMCs) are permissible, subject to the regulations in Section 11-4-10(f)(6).

Additional requirements for joint identification signs are included in Table 4-10 C:

Electronic Message Centers (EMC). EMCs may be incorporated into freestanding signs and are subject to the following restrictions:

Message Hold Time. Each message displayed shall remain static for a minimum of eight seconds. All such signs shall have a default mode to prevent the display from malfunctioning in a flashing or intermittent flash on.

Transition Method. Each electronic sign shall be limited to static messages only and shall not have movement, or the appearance of optical illusion of movement of any part of the sign structure design, or pictorial segment of the sign. This shall include the movement or appearance of movement of any illumination or the flashing, scintillating or varying of light intensity. The transition duration shall be instantaneous.

Brightness/Luminance.

Each electronic sign shall be equipped with dimming technology that automatically varies the brightness of the electronic sign according to ambient light conditions.

The intensity of the light source shall not produce glare, the effect of which constitutes a traffic hazard or is otherwise detrimental to the public health, safety or welfare. Lighting from the message module shall not exceed 500 nits (candelas per square meter) between dusk and dawn as measured by the equivalent "Percentage of Maximum Brightness-Nighttime" setting on the applicant's sign controlling software. Applications for sign permits containing an electronic display shall include the manufacturer's specifications and brightness rating. City officials shall have the right to view the technical specifications of the sign to determine compliance.

Sequential Messaging.

Consecutive messaging from a single advertiser, regardless of content, is strictly prohibited. A minimum of one message hold time period is required between single advertiser messaging.

Window Signs.

The combination of all window signs, temporary and/or permanent, shall not exceed 25 percent of the total window area per façade.

Window signs that meet the standards set forth above shall be exempt from requiring a sign permit.

Off-Premise Commercial Advertising Signs. Off-premise commercial advertising signs shall be allowed in those specifically defined areas of C-5 Commercial, I-1 and I-2 Industrial Zones located adjacent to Interstate Highway 25, as set forth in 11-4-10(k) and are subject to the following conditions:

They shall not exceed 60 feet in height or 672 square feet in area;

They shall be placed at least 2,000 feet apart;

They shall be set back a minimum of 25 feet from the front property line;

On corner lots, they shall not be placed within a 300-foot vision triangle;

They may be indirectly or internally illuminated;

They may be placed at ground level except when the sign would be closer than 1,000 feet to an intersection, in which case, the bottom of the sign shall be elevated at least eight feet above the ground;

No more than two poles or other structural members shall be used to support the sign;

They shall have no more than two sides, and no more than one sign or message shall be placed on each side of the structure; and

An electronic message center (EMC) may be incorporated into an off-premise commercial advertising sign subject to the following restrictions:

Message Hold Time. Each message displayed shall remain static for a minimum of five seconds. All such signs shall have a default mode to prevent the display from malfunctioning in a flashing or intermittent fashion.

Transition Method. Each electronic sign shall be limited to static messages only and shall not have movement, or the appearance or optical illusion of movement, of any part of the sign structure, design, or pictorial segment of the sign. This shall include the movement or appearance of movement of any illumination or the flashing, scintillating or varying of light intensity. The transition duration shall be instantaneous.

Brightness / Luminance. Each electronic sign shall be equipped with dimming technology that automatically varies the brightness of the electronic sign according to the ambient light conditions.

The intensity of the light source shall not produce glare, the effect of which constitutes a traffic hazard or is otherwise detrimental to the public health, safety or welfare. Lighting from the message module shall not exceed 500 NIT (Candelas per square meter) between dusk and dawn as measured by the equivalent "Percentage of Maximum Brightness-Nighttime" setting on the applicant's sign controlling software. Applications for sign permits containing an electronic display shall include the manufacturer's specifications and NIT rating. City officials shall have the right to view the technical specifications of the sign to determine compliance.

Temporary Nonresidential Signs.

Temporary Nonresidential Signs.

There shall be no more than four permitted temporary signs allowed per parcel at one time.

Placement of such signs shall not exceed 120 days per business in a calendar year. Permits shall be issued with a minimum of 15 consecutive days and a maximum of 60 consecutive days used in a time block. The following exceptions apply:

Signs on Projects While Under Construction. Signs may be displayed for the duration of the construction project or completion of transaction, and shall be removed upon completion of the project.

Election Season Signs. Signs may be displayed 60 days prior to the election and must be removed within five days of the election.

Weekend Signs. Signs may be displayed from noon on Friday until noon the following Monday.

Temporary signs shall not be illuminated.

Temporary signs are subject to the following:

Sign(s) shall be set back a minimum of 10 feet from the edge of curb. In no case shall a sign be placed in the right-of-way or obstructing and vision triangle as outlined in Section 11-2-19(d);

Sign(s) may not be located to interfere with pedestrian, bicycle or vehicle traffic; and

Sign(s) must be anchored to the ground or weighted sufficiently to prevent movement by wind.

Temporary signs are subject to the regulations as depicted in Table 4-10 D:

Vehicle Signs.

Vehicles that are parked or stored for more than 96 hours with a vehicle mounted sign more than two square feet must acquire a temporary sign permit and shall comply with the following:

Only one vehicle per applicant is allowed to display signage;

The motor vehicle sign may not be larger in any dimension than or extend beyond any surface of the vehicle or trailer to which it is attached;

The motor vehicle sign must be attached to a vehicle or trailer that is registered and operable;

The motor vehicle sign may not be attached to a vehicle or trailer parked or stored in a public right-of-way or an area not designed, designated, or commonly used for parking; and

The motor vehicle sign may not be attached to a vehicle or trailer that is regularly parked or stored in a "front yard" or "side yard", as such terms are defined in Section 11-1-1 of the UDO, that abuts a street, when there are other areas of the property designed or available for the parking or storage of the vehicle or trailer that are not visible from the street or do not abut streets, or parked or stored within 50 feet of a street when there are other areas of the property designed, designated, or available for the parking or storage of the vehicle or trailer that are more distant from the street or not visible from the street.

The vehicle sign shall be considered in compliance if evidence can be shown of the following:

The regulations in the subsection above shall not apply to signs displayed on vehicles which are being operated or stored in the normal course of a business, such as signs indicating the name of the owner or business which are located on moving vans, delivery trucks, and rental vehicles, and provided further that they are stored or parked in areas and in such a fashion as is appropriate to their use as vehicles. Signs measuring two square feet or less shall be exempt.

The activities that are being actively undertaken during such periods of parking involve loading or unloading of goods for customers, providing services to customers, conducting business, or engaging in work breaks.

The activities require the presence of the vehicle for the purposes of transporting equipment, people, supplies and/or goods necessary for the carrying out of such activities.

The activities above are not, other than incidentally, related to advertising, identifying, displaying, directing or attracting attention to an object, person, institution, organization, business, product, service, event or location.

Permanent Residential Signs.

Single-Family Permanent Signs. Single-family residential shall include single family homes and duplexes. Single-family permanent signs do not require a permit and are subject to the following provisions:

There shall be a maximum of one sign per street frontage;

Sign(s) shall not exceed two square feet per sign face;

Sign(s) shall be limited to wall, window or freestanding type placement;

Sign(s) may be indirectly illuminated; and

Sign(s) shall be setback a minimum of 10 feet from the edge of curb. In no case shall a sign be placed in the right-of-way or obstructing any vision triangle as outlined in 11-2-19(d).

Multifamily Permanent Signs

There shall be a maximum of one sign per access point abutting the complex.

Sign(s) shall be freestanding.

Sign(s) shall not exceed 75 square feet per sign face.

Sign(s) shall be no more than eight feet in height.

Sign(s) may be indirectly illuminated.

Sign(s) shall be setback a minimum of 10 feet from the edge of curb unless otherwise approved by the Department of Planning and Development. In no case shall a sign be placed in the right-of-way or obstructing any vision triangle as outlined in 11-2-19(d).

Temporary Residential Signs.

Single-Family Temporary Signs.

Temporary signs do not require a permit; however are subject to the provisions outlined below:

There shall be a maximum of one wall, window, or freestanding sign;

Sign shall not exceed six square feet in area; and

Sign can be in place for up to 90 days or the duration of the event.

Election season signs do not require a permit; however are subject to the provisions outlined below:

Election season signs are allowed during election season on a residential parcel in a number equal to the number of ballot issues and ballot candidates; and

Such signs shall not exceed three square feet per face, exceed six feet in height, or obstruct any vision triangle as outlined in 11-2-19(d).

Multifamily Temporary Signs. Temporary signs for multifamily residential are subject to the provisions of temporary non-residential signs found in Table 5, as well as the following:

Generally.

There shall be no more than four permitted temporary signs allowed at one time;

Placement of such signs shall not exceed 120 days in a calendar year. Permits shall be issued with a minimum of 15 consecutive days and a maximum of up to 60 consecutive days used in a time block;

Sign(s) shall be set back a minimum of 10 feet from the edge of curb. In no case shall a sign be placed in the right-of-way or obstructing any vision triangle as outlined in Section 11-2-19(d);

Sign(s) may not be located to interfere with pedestrian, bicycle or vehicle traffic;

Sign(s) shall not be illuminated; and

Sign(s) must be anchored to the ground or weighted sufficiently to prevent movement by wind.

Dwelling Unit Signs. Individual dwelling unit signs do not require a permit and are subject to the following provisions:

There shall be a maximum of one sign per dwelling unit;

Sign shall be limited to wall, window or balcony type placement;

Sign shall not exceed two square feet per sign face; and

Sign may be indirectly illuminated.

Comprehensive Sign Plans.

Purpose. This Article is established for the consideration of sign proposals that may require additional flexibility for use in larger scale developments, developments that have unique configurations, or projects that demonstrate unique circumstances. The intent of this provision is to generate continuity and cohesiveness between proposals for various signs associated with development projects and to strike a balance between signage needs and general aesthetics.

Applicability. The owner of any property, or the owners of multiple contiguous properties, may submit an application for a CSP for any residential or nonresidential use. CSPs are subject to the following:

Signage which is proposed as part of a CSP may deviate from the standards and requirements of this section including, but not limited to, the following and subject to compliance with the CSP standards set forth in this Article:

Types and numbers of signs allowed;

Maximum sign area;

Maximum height of signs;

Placement of signs; and

Materials and illumination standards.

All parties affected by provisions of the CSP must be signatory to such plans; provided, however, that if a site(s) with multiple property owners is governed by a management agreement, the duly-constituted representative of the management association or firm shall be signatory to such plans. It is unnecessary for owners or lessees to sign if said representative has signed on their behalf.

Application and Approval Process.

Submittal Requirements. Applicants must submit a detailed sign plan with attached written and visual stipulations to the Planning Commission for review and approval. Such stipulations shall consider all appropriate concerns including, but not limited to, the following items:

Location;

Size;

Height;

Color;

Lighting;

Orientation; and

Construction materials.

Criteria for Approval. In making its determination on an application for a CSP, the Planning Commission shall consider:

Compatibility, in terms of scale and architectural features, with the site and surrounding area;

Harmony with the character of the neighborhood;

Need for the proposed use;

Impact on the surrounding land uses;

General conformance to the purposes of this section and other ordinances; and

The health, safety and welfare of the inhabitants of the area and City of Northglenn.

Sign Permit Required. Following approval of a CSP, no signs may be constructed prior to obtaining a sign permit.

Appeal. Any denial of the Planning Commission may be appealed by the applicant submitting formal application to the City Council under the process outlined in Section 11-6-7(d), Appeal.

Expiration. An approved CSP shall expire one year from the date of approval if no allowed signs have been constructed or erected or obtained a sign permit within such time period.

CSP Modifications.

Once authorized by the Planning Commission, a CSP may be modified through the following procedure:

The Director is authorized to determine whether a modification of or a release from a provision of the sign plan would constitute a substantial variation from the guidelines originally approved by the Planning Commission.

If the determination is that the modification or release is not substantial, the Director is authorized to grant such a change, and a written summary of such determination shall be placed in the file for the comprehensive sign plan, and a copy of said determination shall be forwarded to the Planning Commission, for their information, at the next scheduled Planning Commission meeting.

If the Director determines that the requested change is substantial, the proposed change and all relevant material shall be submitted to the Planning Commission.

The Commission shall allow the proposed change only if the following criteria are met:

The proposed change will not adversely affect the development and preservation of the entire sign plan;

The change will not adversely affect surrounding land uses;

The change will not conflict with the purposes of this section; and

The change is not granted solely to confer a special benefit upon any party.

Nothing in these provisions shall be construed to deny the Planning Commission power to require any modification of or release from any provision of the CSP so that the plan conforms to other City ordinances.

Any denial of the Planning Commission may be appealed by the applicant submitting formal application to the City Council under the process outlined in Section 11-6-7(d), Appeal.

Map of Allowed Off-Premise Sign Areas.

[Source: Ord. 1766, 2019; 1782, 2019]