CHAPTER 11
CITY OF NORTHGLENN ZONING ORDINANCE

ARTICLE 3
ZONES -- GENERAL PROVISIONS -- VIOLATIONS

Section 11-3-1. Zones. In order to regulate the use of land and buildings, to limit the height of buildings erected or structurally altered, and to regulate the location, height, bulk, and size of buildings and other structures, the areas of the City of Northglenn, as shown on the Zoning District Map which is incorporated in this Ordinance by reference, are hereby divided into zones:

Single Family Zone R-1
Single Family Zone R-1-A
Single Family Zone R-1-B
Single Family Zone R-1-C
Two Family Zone R-2
Multiple Dwelling Zone R-3
Multiple Dwelling Zone R-3-A
Multiple Dwelling Zone R-4
Planned Unit Development P.U.D.
Mobile Home Zones M.H.
Agricultural Zone A-1
Administrative & Professional Zones C-0
Restricted Retail Zone C-1
Reserved C-2
General Retail Zone C-3
Restricted Service Zone C-4
Core Retail Zone C-4-CC
General Service Zone C-5
Industrial Zone I-1
Industrial Zone I-2
Open Zone O-1
Open Zone O-1-A
Mixed Use Zone M-U

[Source: Ord. 718, 1983]

Section 11-3-2. Limitations on All Land and Structures.

(a)

No land shall be used or occupied except in conformity with all the provisions of the Revised Northglenn Zoning Ordinance of 1972.

(b)

Any building or structure as to which satisfactory proof shall be presented to the Board of Adjustment that the present or proposed situation of such building or structure is reasonably necessary for the convenience or welfare of the public, shall be exempted from the operation of the zoning regulations of the City in the manner provided by ordinance and not otherwise.

[Source: Ord. 180, 1973]

Section 11-3-3. Change of Zoning. The Commission may recommend and the Council in its discretion may grant changes of zoning with or without conditions to be performed by the applicant for change of zoning. Applications for change of zoning shall be made and processed pursuant to the provisions of Article 37 of this Chapter. If conditions are established or imposed as provided in this Article, the new zoning classification resulting from the zone change shall contain the word "conditional."

[Source: Ord. 180, 1973]

Section 11-3-4. Conditional Zoning -- Conditions.

(a)

The conditions which may be established for a change of zoning may include, by way of illustration and not by way of limitation, the following:

(1)

The dedication of land for streets, parks, and other public purposes;

(2)

Requirements for parking space;

(3)

Requirements relating to the size, location, design, construction and appearance of buildings and other structures;

(4)

Control of air pollution, water pollution, noise, dust, weeds, or pests;

(5)

The time within which the applicant must commence construction of improvements;

(6)

The time within which the applicant must complete construction of any or all improvements;

(7)

The time within which any conditions must be performed;

(8)

Approval by the Commission or an appropriate administrative official of the performance of any conditions;

(9)

Covenants limiting or restricting the use of land in specific ways not common to other property similarly classified.

(b)

Before granting conditional zoning, the Commission or the Council may require the written agreement of the applicant to any condition or conditions.

(c)

The conditions of conditional zoning shall be stated in full in the ordinance granting such zoning, except that such ordinance may refer to and incorporate existing maps, plans, and documents permanently filed with the Commission or the Council, or in any specified office of the City, as public records.

[Source: Ord. 180, 1973]

Section 11-3-5. Conditional Zoning -- Performance Bond. To obtain or insure compliance with conditions established, the Commission may recommend and the Council may require the applicant to post a performance bond in such amount and with such sureties as the Council in its discretion may deem proper.

[Source: Ord. 180, 1973]

Section 11-3-6. Conditional Zoning -- Violation or Non-Performance of Conditions.

(a)

Any condition of conditional zoning which is required to be completed or performed before commencement of construction of improvements shall be a condition precedent to the right to commence such construction.

(b)

Any condition of conditional zoning which is required to be completed or performed during the construction of improvements or prior to completion thereof shall be a condition precedent to the occupancy or use of any improvements constructed.

(c)

Upon the violation or nonperformance of any condition of conditional zoning, the Council may:

(1)

After notice and hearing, given and conducted in the manner provided by Article 7 of Chapter 3 of the Municipal Code, as amended, revoke the change of zoning conditionally granted and reinstate the prior zoning; or

[Source: Ord. 558, 1979]

(2)

After notice and hearing in the manner required for changes of zoning, establish amended, additional or different conditions; or

(3)

After compliance with all notice and hearing requirements, take action under either or both Sections 11-3-6(c)(1) and (2); or

(4)

Require the performance or correction of such condition or violation thereof at the expense of the applicant and his sureties.

(d)

In the event any building or structure is erected, constructed, reconstructed, altered, maintained or used, or any land is used, in violation of any condition of conditional zoning, the City Attorney or any person resident or situated within the affected zone or adjacent thereto may, in addition to any other remedies available by law, institute or cause to be instituted an appropriate action or proceeding to prevent, enjoin, abate or remove the same, or to require such building, structure or land or the use thereof, to be conformed to the condition so violated.

(e)

The remedies and procedures provided by this Section are cumulative to each other and to any other remedies and procedures provided by ordinance of the City, including the prosecution and punishment of violations of the ordinances of the City.

[Source: Ord. 180, 1973]

Section 11-3-7. Prior Building Permits. Any building permit issued by the City of Northglenn prior to the effective date of this Ordinance shall be valid, provided the construction is started within 60 days from the date of the permit and is diligently continued.

[Source: Ord. 180, 1973]

Section 11-3-8. Prior Zoning.

(a)

Any zoning established by the County of Adams prior to the effective date of Ordinance No. 11, Series of 1969; any zoning established by the County of Adams or another municipality prior to the annexation of territory to the City of Northglenn; and any zoning established by the City of Northglenn prior to the effective date of this Ordinance, including variances, shall remain in effect unless modified by this Ordinance or unless changed by the Council.

(b)

The provisions of Sections 11-3-3, 11-3-4, and 11-3-5 of this Ordinance shall apply to any property subject to the territorial or procedural jurisdiction of the City of Northglenn.

[Source: Ord. 180, 1973]

Section 11-3-9. Prior Termination Schedule for Nonconforming Uses. Any use which became nonconforming under the provisions of the Zoning Ordinances of the County of Adams or the City of Northglenn prior to the effective date of this Ordinance, and was scheduled for termination, and remains nonconforming under the provisions of this Ordinance, shall be terminated in accordance with the termination schedule as previously established.

Section 11-3-10. Violations -- Penalty.

(a)

It shall be unlawful for any person to erect, construct, reconstruct, alter, maintain, or use any building or structure or to use any land in violation of this Ordinance.

(b)

It shall be unlawful for any person to violate any of the provisions of this Ordinance, any condition, restriction, exclusion, or regulation established by or under the authority of this Ordinance, or any of the terms, conditions, provisions or directions of any license or permit issued under the authority of this Ordinance.

(c)

Each day during which any violation of this Ordinance is committed or continues or exists shall be deemed a separate offense.

(d)

Any violation of any of the provisions of this Chapter 11 of the Northglenn Municipal Code shall be punishable as provided in Section 1-1-10(a)(2) of this Code.

[Source: Ord. 1130, 1995]

Section 11-3-11. Major Activity Notice.

(a)

Whenever a subdivision or commercial or industrial activity is proposed which will cover five or more acres of land, the City administrator shall cause notice of the proposal to be sent to the Colorado Land Use Commission and the Board of County Commissioners of Adams County prior to approval of any zoning change, subdivision or building permit application associated with such proposed activity. Such notice shall be in the form prescribed by the Colorado Land Use Commission.

(b)

The notice requirement of Section 11-3-11(a) is directory and shall not affect any other provision of this Ordinance or any proceedings provided by this Ordinance.

[Source: Ord. 180, 1973]

Section 11-3-12. Annexations -- Initial Zoning.

(a)

The City may apply zoning to lands proposed to be annexed to the City at any time after a resolution of intent to annex such lands has been passed by the City Council or a petition for annexation or a petition for an annexation election has been found to be valid, provided that the zoning has been referred to the Planning Commission and the Commission has made its recommendations thereon.

(b)

The ordinance applying zoning as provided by this Section shall not be passed on Final Reading prior to the date when the annexation ordinance is passed on Final Reading.

Section 11-3-13. Vested Property Rights.

(a)

This Section is intended to define a site-specific development plan for the City of Northglenn pursuant to C.R.S. § 24-68-103, and to establish a procedure to govern the creation of vested rights in accordance with C.R.S. § 24-68-101, et seq. Nothing in this Section is intended to create a vested property right, but only to implement the provisions of C.R.S. § 24-68-101, et seq.

(b)

As used in this Section, site-specific development plan shall mean:

(1)

A preliminary planned unit development plan;

(2)

A preliminary and final planned unit development plan;

(3)

A site plan as a condition of rezoning; or

(4)

A final subdivision plat.

No other plan, plat or similar document shall be considered a site-specific development plan.

(c)

No vested rights shall be created except by the approval of a site-specific development plan by the City Council, or by a development agreement between the City and an applicant or landowner. Such agreement shall be construed in accordance with the terms and conditions of said agreement, and not limited nor expanded by the provisions of this Section.

(d)

If the applicant seeks approval of a site-specific development plan to create vested property rights, the plan shall include a statement that is being submitted for designation as a site-specific development plan. Failure to include such statement shall result in no vested property rights being created by the approval of the site-specific development plan.

(e)

Approval of a site-specific development plan shall not constitute an exemption from or waiver of any other provisions or requirements of the City pertaining to the development and use of the property adopted before the approval of a site-specific development plan.

(f)

Prior to approval of a site-specific development plan, the City may impose conditions on such approval. Failure to abide by any terms or conditions imposed by the City on the approval of any site-specific development plan shall constitute a forfeiture of any vested right created by the plan, unless otherwise expressly agreed to by the City in writing.

(g)

A petition for annexation to the City shall describe all vested property rights approved by any local government in effect at the time of the petition, if any, and be accompanied by all site-specific development plans approved by any local government. Failure to so identify any previously approved vested property right and provide all approved site-specific development plans shall constitute a waiver of the vested property right created by any other local government upon annexation to the City, unless expressly provided otherwise in the annexation ordinance adopted by the City.

(h)

A site-specific development plan submitted by a landowner and approved by the City as provided in this Article shall supercede any prior vested property rights for that property, and the landowner waives any right to claim a vested property right by a site-specific development plan previously approved by the City or any other local government for the property.

(i)

It shall be the applicant's responsibility to comply with the publication requirements of C.R.S. § 24-68-103(1)(c) following approval of a site-specific development plan by the City. The applicant shall provide a copy of said notice to the City within ten (10) days of publication.