Title 18 Unified Development Code

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Title 18 Unified Development Code TITLE 18 UNIFIED DEVELOPMENT CODE Contents: PART 1: Preliminaries PART 2: Zones, Land Use, Buildings, and Structures PART 3: Site Design and Environmental Quality PART 4: Nonconformities, Development Review, and Enforcement PART 5: Measurement, Word Usage, and Definitions Appendix A: Approved Plant List Appendix B: Handbook for Boards and Commissions Appendix C: Design Guidelines for Downtown Loveland Appendix D: Historic Downtown Loveland - Legal Description Appendix E: Overlay Zone Maps Appendix F: U.S. 34 Corridor Plan Appendix G: Site Development Standards and Guidelines for the I-25 Corridor (Ord. # 6248, AN ORDINANCE REPEALING TITLES 16, 17 AND 18 OF THE LOVELAND MUNICIPAL CODE AND REPLACING SUCH TITLES WITH A NEW TITLE 18, adopted 11/06/2018) PART 1: PRELIMINARIES Contents: Chapter 18.01 Preliminaries Chapter 18.01 Preliminaries Contents: Division 18.01.01 Title, Purpose, and Applicability Division 18.01.02 Interpretation, Transitional Provisions, and Severability Division 18.01.01 Title, Purpose, and Applicability 18.01.101 Title; Short Title A. Title. This Chapter shall be known as the City of Loveland Unified Development Code B. Short Title. This Chapter may also be referred to herein as “UDC” or “Code”. 18.01.102 General Purposes A. Generally. 1. The general purposes of this UDC are to combine the City’s zoning, subdivision, and annexation regulations into a unified code; to implement the City’s Comprehensive Plan and other adopted plans; and to advance the purposes stated herein. 2. The regulations and zones, as herein set forth, which have been made in accordance with a comprehensive zoning study, are designed to promote public health, safety, and general welfare by: a. Promoting economic opportunity and activity, encouraging investment, and improving property values; Page 1 b. Promoting a balance of land uses within the City, with high-quality livable neighborhoods, vibrant commercial areas, and a variety of civic, healthcare, educational, commercial, service, and industrial employment opportunities; c. Promoting good civic design and site layout; d. Promoting fiscally responsible investments in infrastructure and services; e. Providing for an interconnected multi-modal transportation system; f. Maintaining an appropriate level of service on City streets and regional thoroughfares; g. Lessening the risk of fire, flood, panic, and other dangers; h. Preventing unhealthy overcrowding of land; i. Allowing for a variety of housing types that meet market demands for a variety of lifestyles and price points; j. Promoting the conservation of energy, water, and environmental resources, and the use of renewable energy; k. Protecting the integrity of historic landmarks, buildings, and districts; l. Promoting physical compatibility among nearby land uses; m. Ensuring that adequate public facilities, services and infrastructure (including transportation, water, wastewater, schools, parks, public safety, and other public improvements) are in place to serve development when its impacts on those facilities, services and infrastructure are realized; and n. Ensuring that new development is accountable for its proportionate fair share of the cost of necessary facility construction and expansion. B. Considerations. This UDC was created with reasonable consideration as to the character of each zone and its suitability for particular uses, with a view to conserving the value of buildings and land, and encouraging the most appropriate use of land throughout the City in accordance with the City’s Comprehensive Plan, other adopted plans, and engineering studies. C. Application of Purpose Statements. Purpose statements in this UDC are intended to provide context for the standards of this UDC, and to provide assistance with interpretation of substantive requirements, if such interpretation is necessary. Purpose statements are not to be interpreted as independent criteria for development approvals. 18.01.103 Applicability A. Generally. 1. All development within the City is subject to this UDC, except: a. As may be specifically exempted herein; or b. As may be outside of the City’s regulatory jurisdiction. 2. Development is a specifically defined term for the purposes of this UDC. Not all activities on land or within buildings or structures are considered development. See the definition of development for details. B. Applicability to Publicly Owned Property. The provisions of this UDC are applicable not only to private persons, agencies, corporations and organizations, but also to all public agencies and organizations to the full extent that they may be enforceable under the United States Constitution and the Constitution and Statutes of the State of Colorado. C. Protection of Commercial Mineral Deposits. No real property shall be zoned or rezoned, nor shall a variance to the application of this title be granted, which violates the provisions of C.R.S. § 34-1-301, et seq. Division 18.01.02 Interpretation, Transitional Provisions, and Severability 18.01.201 Interpretation Page 2 A. Generally. As this UDC affects constitutionally protected rights, it has been written with an understanding of, and subject to, these rights, which are articulated in the Constitutions of the United States and the State of Colorado and interpreted by federal and state courts with jurisdiction in and over the City of Loveland. B. Relationship to Policy and Land Use Plans. It is the City Council’s intent that this UDC provide for implementation over time of the policies that are set out in the Comprehensive Plan, as well as any specific area, transportation, or facility plans that may be adopted prior or subsequent to the adoption of this UDC. However, neither this UDC nor any amendments thereto may be challenged on the basis of any alleged inconsistency or nonconformity with any planning document. C. Permits Issued in Conflict with UDC. Any permit issued in conflict with the provisions of this UDC shall be null and void and shall not be construed as waiving any provision of this UDC, unless such waiver is expressly authorized by variance or other comparable procedure set out herein. No oversight or dereliction of any office or employee of the City shall legalize, authorize, or excuse any violation of any provision of this UDC. No legal, vested, or equitable rights shall be acquired under any invalid zoning or building permit, certificate of occupancy, or license. D. Basic Requirements. In their interpretation and application, the provisions of this UDC shall be regarded as the basic requirements for the protection of public health, safety, comfort, convenience, prosperity, and welfare. This UDC shall be liberally interpreted in order to further its underlying purposes. E. Construction with Other Laws. Whenever any provision of this UDC or any provision of any other law, rule, contract, resolution, ordinance, or regulation of the City, County, state, or federal government contains certain standards covering the same subject matter, the interpretation that gives effect to all of the applicable laws controls. Generally, that means that the more restrictive requirements or higher standards control the decision. F. Signs; Substitution of Noncommercial Speech for Commercial Speech. Notwithstanding anything contained in this UDC to the contrary, any sign erected pursuant to the provisions of this UDC or otherwise lawfully existing with a commercial message may, at the option of the owner, contain a noncommercial message in lieu of a commercial message. The noncommercial message may occupy the entire sign face or any portion thereof. The sign face may be changed from commercial to noncommercial messages, or from one noncommercial message to another, as frequently as desired by the owner of the sign, provided that: 1. The sign is not a prohibited sign or sign-type; 2. The frequency of message changes does not exceed the maximum frequency established by this UDC for electronic message centers; and 3. The size, height, setback, and other dimensional criteria contained in this UDC have been satisfied, or the sign structure is legally nonconforming. G. Hyperlinks. This UDC may contain hyperlinks to referenced standards. The Director is authorized to update hyperlinks from time to time without further action by the City Council. The hyperlinks are provided for the convenience of the end-user, and City makes no representation as to whether hyperlinked materials that are hosted on domains that are outside of the City’s control are accurate or current. 18.01.202 Effect on Pending Applications A. Generally. An application for approval of a site specific development plan, as well as the approval, conditional approval, or denial of approval of such plan, shall be governed only by the duly adopted laws and regulations in effect at the time the complete application is submitted. See C.R.S. § 24-68-102.5, Applications - Approval by Local Government. B. Immediate Public Health and Safety Exception. The City may adopt a new or amended ordinance or regulation, when necessary, for the immediate preservation of public health and safety, and may enforce such ordinance or regulation in relation to applications pending at the time such ordinance or regulation is adopted. See C.R.S. § 24- 68-102.5, Applications - Approval by Local Government. 18.01.203 Effect on Approvals and Permits that Pre-Date the Effective Date A. Generally. Development that was approved by the City prior to the effective date of this UDC, but not completed as of the effective date, may be carried out within the scope
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