CHAPTER 11
CITY OF NORTHGLENN ZONING ORDINANCE

ARTICLE 40
PLANNING COMMISSION

Section 11-40-1. Planning Commission -- General Powers. The City of Northglenn Planning Commission shall have the powers and duties of a municipal planning commission, a municipal zoning commission, and all of the powers and duties provided by the ordinances of the City of Northglenn.

[Source: Ord. 181, 1973]

Section 11-40-2. Membership -- Terms -- Qualifications.

(a)

The Planning Commission shall consist of eight (8) members, seven (7) of whom shall be citizen members, and one (1) of whom shall be a non-voting ex officio member.

(b)

Citizen members of the Commission shall be appointed by resolution of the Council. The term of each citizen member shall be three (3) years or until his or her successor takes office.

(c)

The ex officio member of the Commission shall be appointed by the Council, by resolution, from among the membership of the Council, including the Mayor. The term of the ex officio member shall be provided in the appointing resolution and shall continue for such period and until his or her successor takes office, or until the termination of his or her official tenure as such Councilman or Mayor. The ex officio member will have no vote on matters before the Commission.

(d)

All members of the Commission shall be bona fide residents of the City, and if any member ceases to reside in the City, his or her membership on the Commission shall immediately terminate. All members shall serve without compensation as such, but shall be paid an amount set by the City Council to defray expenses.

(e)

Citizen members shall hold no other municipal office nor be a member of the Northglenn Urban Renewal Authority. The term of any citizen member shall terminate upon his or her election or appointment to other municipal office.

(f)

Any member of the Commission shall be eligible for reappointment or for appointment to a different term.

(g)

Any person appointed as a member of the Northglenn Planning Commission shall serve as such member, notwithstanding the expiration of the term of appointment, until his successor is appointed and qualified.

(h)

The Northglenn Planning Commission shall be a continuing body, the proceedings of which shall be unaffected by the expiration of the term of any one or more of the members thereof.

[Source: Ord. 1403, 2005]

Section 11-40-3. Vacancies.

(a)

A vacancy on the Commission shall exist upon the resignation, death, or removal of any member, or upon the termination of the term of any member otherwise than by expiration of his term.

(b)

Any vacancy on the Commission shall be filled, for the balance of the unexpired term, in the manner provided by Section 11-40-2 for appointment of members.

[Source: Ord. 181, 1973]

Section 11-40-4. Removal.

(a)

Citizen members of the Commission may be removed by the Council, after public hearing, for inefficiency, neglect of duty, or malfeasance in office. Such public hearing shall be held only after the filing by the Mayor or any Councilman of written charges and upon proper notice.

(b)

Ex officio members of the Commission may be removed by the Council by resolution.

[Source: Ord. 181, 1973]

Section 11-40-5. Investigation and Recommendation.

(a)

The Commission may interview and investigate the qualifications of applicants for appointment as citizen members of the Commission, and make reports and recommendations to the Council thereof.

(b)

The Commission shall make such investigation and report as may be required to enable the Council to consider and act upon any charges filed under the provisions of Section 11-40-4(a) of this Article.

[Source: Ord. 181, 1973]

Section 11-40-6. Voting -- Quorum.

(a)

Each member of the Commission shall have one vote.

(b)

Except when the vote of a larger number is required under the provisions of this Chapter 11 or by law, a quorum for the transaction of business by the Commission shall be fixed by the Commission by general rule.

[Source: Ord. 181, 1973]

Section 11-40-7. Organization and Rules.

(a)

The Commission shall elect its Chairman from among the citizen members, for a term of one year, with eligibility for re-election.

(b)

The Commission shall hold at least one regular meeting in each month at day and time set by the Commission and which shall not be changed more than once in any period of one year. Provided however, the Commission may cancel its regular meeting upon notification that there are no matters scheduled to be considered by the Commission.

[Source: Ord. 1351, 2003; 1584, 2011]

(c)

The Commission shall keep a record of its resolutions, transactions, findings and determinations, which record shall be a public record.

(d)

The Commission shall adopt rules for the transaction of business. Except as otherwise provided by ordinance, the proceedings and meetings of the Commission shall be governed by such rules.

[Source: Ord. 181, 1973]

(e)

The Commission may by resolution appoint any one or more of its members as a referee or board of referees for the purpose of receiving evidence, conducting an investigation, compilation of data, and/or for the preparation and presentation to the Commission of proposed findings and conclusions concerning any matter before the Commission under the provisions of this Article 40 of Chapter 11 of the Municipal Code. Any referee or referees so appointed shall have and exercise the powers of the Commission in the performance of the duties and functions provided by the appointing resolution.

[Source: Ord. 228, 1974; 1351, 2003]

Section 11-40-8. Staff -- Consultants -- Finances.

(a)

The City Manager, subject to the approval of the Council, shall furnish to the Commission such equipment and accommodations and such administrative and staff services as may be required for the accomplishment of the purposes and functions of the Commission.

(b)

The Commission may contract, by and with the consent of the Council, with city planners, engineers, architects and other consultants for such services as it may require.

(c)

The expenditures of the Commission shall be within the amounts appropriated for the purpose by the Council, except that the Commission may accept and use gifts for the exercise of its functions.

[Source: Ord. 181, 1973]

Section 11-40-9. Master Plan.

(a)

Function of Plan. It shall be the function and duty of the Commission to make and adopt a Master Plan for the physical development of the City of Northglenn, including any areas outside its boundaries, subject to the approval of the legislative or governing body having jurisdiction thereof, which in the Commission's judgment bear relation to the planning of the City of Northglenn. Such Plan, with the accompanying maps, plats, charts, and descriptive matter, shall show the Commission's recommendations for the development of said territory, including, among other things, the general location, character, and extent of streets, viaducts, subways, bridges, waterways, waterfronts, boulevards, parkways, playgrounds, squares, parks, aviation fields, and other public ways, grounds, and open spaces; the general location and extent of public utilities and terminals, whether publicly or privately owned or operated, for water, light, sanitation, transportation, communication, power, and other purposes; also, the removal, relocation, widening, narrowing, vacating, abandonment, change of use, or extension of any of the foregoing ways, grounds, open spaces, buildings, property, utilities, or terminals; as well as a zoning plan for the control of height, area, bulk, location, and use of buildings and premises. As the work of making the whole Master Plan progresses, the Commission may from time to time adopt and publish the part or parts thereof, any such part to cover one or more major sections or divisions of the City of Northglenn or one or more of the foregoing or other functional matters to be included in the Plan. The Commission may amend, extend, or add to the Plan from time to time.

(b)

In the preparation of such Plan, the Commission shall make careful and comprehensive surveys and studies of present conditions and future growth of the City of Northglenn and with due regard its relation to neighboring territory. The plans shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted, and harmonious development of the City of Northglenn and its environs, which will, in accordance with present and future needs, best promote health, safety, morals, order, convenience, prosperity, and general welfare, as well as efficiency and economy in the process of development, including among other things, adequate provisions for traffic; the promotion of safety from fire, flood waters, and other dangers; adequate provision for light and air; the promotion of healthful and convenient distribution of population; the promotion of good civic design and arrangement; wise and efficient expenditure of public funds; and the adequate provision of public utilities and other public requirements.

(c)

Procedure of Commission. The Commission may adopt the Plan as a whole by a single resolution or may by successive resolutions adopt successive parts of the Plan, said parts corresponding with major geographical sections or divisions of the subject matter of the Plan, and may adopt any amendments or extensions thereof or addition thereto. Before the adoption of the Plan, or any part, amendment, extension, or addition, the Commission shall hold at least one public hearing thereon, notice of the time and place of which shall be given by one publication in newspaper of general circulation in the City of Northglenn and in an official newspaper of the County of Adams, State of Colorado. The adoption of the Plan, or any part, or amendment, or extension or addition, shall be by resolution of the Commission carried by affirmative votes of not less than two-thirds of the entire membership of the Commission, excluding ex officio members. The resolution shall refer expressly to the maps and descriptive and other matter intended by the Commission to form the whole or part of the Plan, and the action taken shall be recorded on the Map and Plan and descriptive matter by the identifying signature of the Chairman or Secretary of the Commission. An attested copy of the Plan or part thereof shall be certified to the City Council and to the legislative or governing body of any territory affected, and after the approval by said body, shall be filed with the Clerk and Recorder of the County of Adams.

(d)

Legal Status of Official Plan. Whenever the Commission shall have adopted the Master Plan of the City of Northglenn or of one or more major sections or districts thereof, no street, square, park or other public way, ground or open space, or public building or structure, publicly or privately- owned public building or structure be constructed or authorized in the City of Northglenn or in such planned section and district until the location, character, and extent thereof shall have been submitted for approval by the Commission. In the case of disapproval, the Commission shall communicate its reasons to the Council, which shall have the power to overrule such disapproval by a recorded vote of not less than two-thirds of its entire membership. The failure of the Commission to act within 60 days from and after the date of official submission to the Commission shall be deemed approval.

(e)

Publicity-Travel-Information-Entry. The Commission shall have the power to promote public interest in and understanding of the Plan or any report and to that end may publish and distribute copies of the Plan or any report and may employ such other means of publicity and education as it may determine. Members of the Commission may attend city planning conferences or meetings of city planning institutes or hearings upon pending city planning legislation, and the Commission may pay, by resolution noted in its minutes, the reasonable traveling and other expenses incidental to such attendance. The Commission shall recommend, from time to time, to the Council and other appropriate public officials, programs for public structures and improvements and for the financing thereof. It shall be part of its duties to consult and advise with public officials and advisors, public utilities companies, civic, educational, professional, and other organizations, and with citizens with relation to the protecting and carrying out of the Plan. The Commission shall have the right to accept and use gifts for the exercise of its functions. All public officials shall furnish to the Commission, upon request, within a reasonable length of time, such available information as it may require for its work. The Commission, its members, officers, and employees in the performance of their functions, may enter upon any land and make examinations and service and place and maintain necessary marks and monuments thereon. In general, the Commission shall have such powers as may be necessary to enable it to fulfill its functions, promote municipal planning, or carry out the purposes of this Ordinance. The City of Northglenn Planning Commission shall constitute the City of Northglenn Zoning Commission and shall have all powers of the Zoning Commission as herein provided.

(f)

Jurisdiction. The territorial jurisdiction of the Commission over the subdivision of land shall include all land located within the legal boundaries of the City of Northglenn; and, limited only to control with reference to a major street plan, and not otherwise, shall also include all land laying within three miles of the corporate limits of the City of Northglenn and not located in any other municipality except that in the case of any such nonmunicipal land lying within five miles of more than one municipality, the jurisdiction of the Commission shall terminate at a boundary line equidistant from the respective corporate limits of the City of Northglenn and such other municipality.

(g)

Scope of Control. Whenever the Commission shall have adopted a major street plan of the territory within the subdivision control or part thereof, as provided in Section 11-40-9(c) of this Ordinance, and shall have filed a certified copy of such plan in the Office of the County Clerk and Recorder of the County of Adams, then no plat of a subdivision of land within such territory or part shall be filed or recorded until it shall have been approved by the Commission and such approval entered in writing on the plat by the President, Chairman, or Secretary of the Commission.

[Source: Ord. 179, 1973]

Section 11-40-10. Subdivision Regulations.

(a)

Adoption and Publication. Before the Commission shall exercise the powers conferred by Section 11-40-9(g) of this Ordinance, the Commission shall adopt regulations in governing the subdivision of land within its jurisdiction and shall publish the same in pamphlet form, which shall be available for public distribution, or at the election of the Commission, it may publish said regulations in one issue each week for three consecutive weeks in the official paper of the City of Northglenn or County of Adams. Such regulations may provide for the proper arrangement of the streets in relation to other existing or planned streets into the Master Plan, for adequate and convenient open spaces for traffic, utilities, access of fire fighting apparatus, recreation, light and air, and for the avoidance of congestion of population, including minimum area and width of lots. In the territory subject to subdivision jurisdiction beyond the City limits, the Regulations shall provide only for conformance with the major street plan. Before the adoption of the Subdivision Regulations referred to in this Section, a public hearing shall be held thereon in the City of Northglenn. A copy of such Regulations shall be certified by the Commission to the County Clerk and Recorder of the County of Adams.

[Source: Ord. 179, 1973]

(b)

Every plat finally approved by the Planning Commission and City Council pursuant to the provisions of the Subdivision Regulations shall be deemed, by virtue of such approval, an amendment of or addition to or a detail of the municipal plan and a part thereof.

[Source: Ord. 324, 1974]

(c)

Every restriction, requirement, plan or regulation stated upon an approved plat, or contained in the documents required as part of the proceedings on any final plat, shall have the same force and effect and shall be enforceable in the same manner and with the same sanctions and penalties as if set forth in full this Ordinance or in the official Zone District Map.

[Source: Ord. 324, 1974]

(d)

From time to time, the Commission may recommend to the Council amendments of or additions to this Zoning Ordinance or the official Zone District Map to conform to the Commission's recommendations for the Zoning Regulations of the territory comprised within any subdivision approved or subject to approval of the Commission or the Council.

[Source: Ord. 324, 1974]

(e)

The Commission may agree with a subdivider, owner, or other applicant for approval of a plat upon the use, height, area or bulk requirements, or restrictions governing buildings and premises within a subdivision, provided that:

(1)

Nothing in such agreement shall authorize the violation of any of the provisions of this Zoning Ordnance;

(2)

Such agreement shall be reduced to writing and made a part of the proceedings on the plat; and

(3)

Neither the agreement nor any part or provision thereof shall have any binding effect for any purpose until the same has been approved by the Council.

[Source: Ord. 324, 1974]

Section 11-40-11. Improvements in Unapproved Streets. The City of Northglenn shall not accept, lay out, open, improve, grade, pave, curb, or light any street, or lay or authorize water mains or sewers or connection to be laid in any street, within any portion of a territory for which the Commission shall have adopted a major street plan unless such street shall have been accepted or opened as or shall have otherwise received the legal status of the public street prior to the adoption of such plan or unless such street corresponds with a street shown on the official Master Plan or with a street on a subdivision plat approved by the Commission or with a street or a street plat made by and adopted by the Commission. However, the Council may accept any street not shown on or not corresponding with a street on the official Master Plan or on any approved subdivision plat or an approved street plat, provided the ordinance or other measure accepting such street be first submitted to the Commission for its approval by the Commission, be enacted or passed by no less than a majority of the entire membership of the Council, or, if disapproved by the Commission, be enacted by not less than two-thirds of the entire membership of the Council. A street approved by the Commission upon submission by the Council, or a street accepted by a two-thirds vote after disapproval by the Commission, shall thereupon have the status of an approved street as fully as though it had been originally shown on the official Master Plan or on a subdivision plat approved by the Commission or had been originally platted by the Commission.

[Source: Ord. 179, 1973]

Section 11-40-12. Erection of Buildings. At the time when the Commission shall have adopted a major street plan of the territory within the corporate limits of the City of Northglenn, no building shall be erected on any lot within such territory or part, nor shall a building permit be issued therefor unless the street giving access to the lot upon which such building is proposed to be placed shall have been accepted or opened or otherwise have received the legal status of a public street prior to that time or unless such street corresponds with a street shown on the official Master Plan or with a street or subdivision plat approved by the Commission or with a street on a street plat made by and adopted by the Commission or with a street accepted by the Council, after submission to the Commission, by a favorable vote required in Section 11-40-11 of this Ordinance. Any building erected in violation of this Article 40 of this Ordinance shall be deemed an unlawful building, and the building inspector or other appropriate official may cause it to be vacated or to have it removed.

[Source: Ord. 179, 1973]

Section 11-40-13. Reservation for Future Acquisition for Public Streets.

(a)

Recommendations and Hearing. The Commission is empowered, after it shall have adopted a major street plan of the territory within its subdivision jurisdiction or of any major section or district thereof, from time to time, to make or cause to be made surveys for the exact location of the lines of a street or streets in any portion of such territory and to make a plat of the area or district thus surveyed, showing the land which it recommends to be reserved for future acquisition for public streets. The Commission, before adopting any such plat, shall hold a public hearing thereon, notice of the time and place of which, with a general description of the district or area covered by the plat, shall be given not less than 10 days previous to the time fixed therefore by one publication in a newspaper of general circulation in the City of Northglenn or of general circulation in the County of Adams if the district or area be outside the City of Northglenn. After such a hearing, the Commission may transmit the plat, as originally made or modified as may be determined by the Commission, to the Council, together with the Commission's estimate of the time in which the land shown on the plat as street locations should be acquired by the City of Northglenn. Thereupon, by resolution, the Council may approve and adopt or may reject such plat or may modify it with the approval of the Commission, or, in the event of the Commission's disapproval, the Council by a favorable vote of not less than two-thirds of its entire membership may modify such plat and adopt the modified plat. In the resolution of adoption of a plat, the Council shall fix the period of time for which the street locations shown upon the plat shall be deemed reserved for future taking or acquisition for public use. Upon such adoption, the City Clerk shall transmit one attested copy of the plat to the County Clerk and Recorder of the County of Adams and retain one copy for the purpose of public examination and hearings of claims for compensation. Such approval and adoption of a plat shall not, however, be deemed the opening or establishment of any street, nor the taking of any land for street purposes, nor for public use, nor as a public improvement, but solely as a reservation of the street location shown therein, for the period specified in the Council resolution, for future taking or acquisition for public use. The Commission, at any time, may negotiate for or secure from the owners of any such lands releases of claims for damages or compensation for such reservations or agreements indemnifying the City of Northglenn from such claims by others, which releases or agreements shall be binding on the owners executing the same and their successors in title. At any time after the filing of the plat with the County Clerk and Recorder of the County of Adams, and during the period specified for the reservation, the Commission and the owner of any land containing the reserved street location may agree upon the modification of the location of the lines of the proposed street, such agreement is to include a release by said owner of any claim for compensation of damages by reason of such modification. Thereupon the Commission may make a plat corresponding to the modification and transmit an attested copy thereof to the County Clerk and Recorder of the County of Adams, and said modified plat shall take the place of the original plat. At any time, the Council, by resolution, may abandon any reservation and shall certify any such abandonment to the County Clerk and Recorder of the County of Adams.

(b)

Compensation for Reservations. In the resolution of adoption of a plat, the Council shall appoint a board of three appraisers and shall fix the time and place of meetings for hearing by said Board upon the amounts of compensation to be paid for such reservations. Thereupon the City Clerk shall publish in at least two newspapers of general circulation in the City of Northglenn once a week for four consecutive weeks a notice which shall contain a general description of the land thus reserved, as shown on the plat, the provisions of the resolution of Council including the period of time for which such reservations are made, the time in which claims for compensation may be filed, which shall not be less than three months nor more than six months from the date of notice, and the time and place of hearings by the Board of Appraisers. The first hearing shall not be set earlier than 30 days after the date of the first of such publications. Such notice shall also be posted in at least three public places in the neighborhood of or along the line of the location of the reservation. The Board of Appraisers shall fix the amounts of compensation to be paid, respectively, to the owners of lands reserved for the period of time as shown on the plat and in the resolution adopted by the Council. Whenever the City Clerk receives, within the period fixed for the same, any claim of such compensation, he shall transmit it to the Board of Appraisers. At the time and place fixed for such hearings the Board of Appraisers shall hear and consider all claims presented to it in writing or in person, including all evidence which may be presented by the claimants or other persons. The Board of Appraisers shall have the right on its own initiative to investigate and ascertain data or evidence relevant to the question of such compensation. In case of the abandonment of a reservation prior to the time fixed for payment of compensation, the City of Northglenn shall be liable to the owner of land included within the abandoned reservations for the expenses, if any, incurred by such owner by reason of such reservation.

(c)

Report of Appraisers -- Action By Council. The Board of Appraisers, within 90 days after the time fixed for filing the claims, shall file its tentative report with the City Clerk, setting forth its findings as to amounts of compensation to be paid to the respective owners of the land included within the lines of such reservations as located on the approved plat. Thereupon the City Clerk shall publish once a week for two consecutive weeks in at least two newspapers of general circulation in the City of Northglenn the fact of the filing of the report of the appraisers and specify a period of 30 days after the date of the first such publication within which objections to the report may be filed with the City Clerk. If objections are filed within said period, then the City Clerk shall cause the Board of Appraisers to hold a meeting, at which said objections shall be transmitted to the Board, and the Board may modify its report. The report in its original form, or if modified, in its modified form, shall be transmitted to the Council by the City Clerk. Before passing on the report, the Council may return it to the Board of Appraisers for reconsideration, and the Board may upon further consideration transmit its formal or modified report to the Council. The Council may approve or disapprove the report. If the report is approved by the Council, the Council shall provide for the payment of the amounts of compensation set forth in the report within 90 days after the filing of the report with the Council. In the case of those property owners who file claims, payment shall be made through the City Clerk, who shall notify the claimants at the addresses given upon the claims filed with him. Payments to all other persons shall be made through the Clerk of the District Court for the County of Adams by the payment to said Clerk of the District Court of the amounts awarded to such person, notice of distribution to such persons shall be given and made as may be provided by a rule or order of said Court. Payment made to the City Clerk or the Clerk of said court within 90 days shall be deemed compliance with the above requirement for payment within 90 days. If the Council disapproves the report or fails to provide for such payment within 90 days, such disapproval for failure shall be deemed a dismissal of the proceedings and a cancellation of the plat and an abandonment of the reservations of the street locations as shown on the plat, with the same liability of the City of Northglenn for expenses as provided in the case of abandonment by resolution; and thereupon the City Clerk shall cause to be transmitted to the County Clerk and Recorder of the County of Adams an attested statement of such abandonment.

(d)

Appeal from Awards. Within 20 days after the approval of any such report by the Council, any property owner dissatisfied with the award of compensation therein contained may file with the City Clerk notice of appeal to the District Court of the County of Adams. Within 10 days after receipt of such notice, the City Clerk shall file with the Clerk of the District Court of the County of Adams the report of the Board of Appraisers approved by the Council, together with certified copies of the resolution of the Council and the notice of appeal. Proceedings thereafter shall be conducted as provided by law.

(e)

No Compensation for Buildings. The reservation of a street location, as provided in Section 11-40-13 of this Ordinance, shall not be deemed to prohibit or impair in any respect the use of reserved land by the owner or occupant thereof for any lawful purpose, including the erection of any buildings thereon. No compensations, other than the compensation awarded in the final report of said Board of Appraisers as approved by the Council as provided in Section 11-40-13(d) of this Ordinance, in Section 11-40-13(d) of this Ordinance, shall at any time be paid by the City of Northglenn to, or recovered from the City of Northglenn by, any person for the taking of or injury to any building or structure built or erected within the period fixed in the resolution of Council upon such any reserved location. No compensation or damages for any such reservation shall be paid or recovered except as provided in Sections 11-40-13(b) to 11-40-13(d) of this Ordinance.

[Source: Ord. 179, 1973]

Section 11-40-14. Zoning -- Jurisdiction of Commission.

(a)

The Planning Commission, as the zoning commission of the City of Northglenn, shall have the power and authority:

(1)

To recommend the boundaries of the various original zone districts and appropriate regulations to be enforced therein;

(2)

To recommend changes of zone districts and appropriate regulations to be enforced in such changed districts;

(3)

To hear and decide, and recommend to the Council, concerning all applications for changes of zoning;

(4)

To hear and determine all applications for temporary uses, special uses, and permitted uses pursuant to the provisions of the Zoning Ordinance; and

(5)

To hear and decide all matters upon which a zoning commission is required by ordinance or by law to pass.

(b)

The Planning Commission, as an administrative commission of the City of Northglenn, shall have the power and authority to hear, consider, determine or decide all matters referred to it or upon which it is required to pass under the provisions of the Zoning Ordinance or any ordinance of the City.

Section 11-40-15. Zoning -- Public Hearings.

(a)

Before submitting its final report to the Council on any of the matters set forth in Section 11-40-15(a), the Commission shall make a preliminary report and hold at least one public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. At least 15 days notice of the time and place of such hearing shall be published in an official paper or paper of general circulation in the City, and such other notice as may be required by ordinance shall be given.

(b)

Except as provided in Section 11-40-15(a), the business of the Commission shall be conducted and transacted in public meetings, upon such notice as may be required by applicable ordinance or by law, and pursuant to the rules of the Commission.

[Source: Ord. 182, 1973]

Section 11-40-16. Voting on Zoning Matters.

(a)

In the decision or determination of any matter before the Planning Commission in its capacity as a zoning commission:

(1)

Any decision requiring an amendment or extension of, or addition to, the Master Plan of the City shall be carried by the affirmative votes of not less than two-thirds of the voting members of the Commission.

(2)

Except as provided in Section 11-40-16(a)(1), and except when a different number is required by ordinance or by law, any decision, determination, or recommendation of the Commission shall be carried by majority vote, provided a quorum is present at the meeting.

(3)

The vote required for procedural and parliamentary matters of the Commission shall be provided by rule of the Commission.

[Source: Ord. 182, 1973]

Section 11-40-17. Decision -- Effective Date -- Execution.

(a)

Every decision and determination of the Commission, unless a different time is expressly stated therein, shall be final, for purposes of review or appeal, on the date of the decision or on the date of denial of an application for rehearing, unless a rehearing is granted, in which case the decision on rehearing shall be the final decision.

(b)

A decision or determination of the Commission granting an application for a temporary use shall be automatically stayed for 10 days after the date of decision unless the Commission finds that by reason of facts stated in the decision:

(1)

A stay would impair or defeat the purposes of the temporary use; or

(2)

A stay would cause imminent peril to life or property.

(c)

A decision or determination of the Commission on an application for a special use or permitted use, any decision denying an application for a temporary use, and any decision in proceedings for the revocation or cancellation of any permit shall be automatically stayed for 10 days after the date of decision unless the Commission finds that by reason of facts stated in the decision a stay would cause imminent peril to life or property.

(d)

A decision or determination of the Commission on an application for rezoning, or other recommendation to the Council which requires Council action before becoming effective, shall not be subject to the stay provided in this Section.

(e)

Any decision or determination of the Commission, except as provided in Section 11-40-17(d), which is not subject to the automatic stay under the provisions of this Section, shall nevertheless be subject to review or appeal as in other cases, and any action taken toward the enforcement or implementation of the decision, together with any license, permit, certificate, or other document issued in pursuance of such decision, shall be subject to such review or appeal.

(f)

During the period of any automatic stay, or the period of any stay provided in a decision or determination of the Commission, no action shall be taken toward the enforcement of implementation of the decision, and no license, permit, certificate, or other document shall be issued in pursuance of such decision except the certification of copies of the decision and any supporting documents or exhibits.

[Source: Ord. 182, 1973]

(g)

Within three (3) working days following any decision by the Commission on a Special, Permitted, or Temporary Use Permit, or any Preliminary Subdivision Plat approval, the Director of Community Development shall notify, in writing, each member of the City Council of such decision.

[Source: Ord. 723, 1984]

Section 11-40-18. Review by City Council.

(a)

A decision or determination of the Commission on an application for rezoning, or other recommendation to the Council which requires Council action before becoming effective, shall not be subject to review under the provisions of this Section.

[Source: Ord. 182, 1973]

(b)

Except as provided in Section 11-40-18(a), every decision or determination of the Commission shall be subject to review by the City Council upon application of the City Manager, the Mayor, or any member of the City Council, on one or more of the following grounds:

(1)

The best interests of the people of the City of Northglenn are adversely affected by such decision;

(2)

The remedy by way of appeal to the Board of Adjustment is inadequate;

(3)

An emergency exists, requiring immediate action in the interest of the public health, welfare, or safety.

[Source: Ord. 265, 1973]

(c)

Notice of an application for review shall specify the ground therefor and shall be filed with the City Clerk, or with the Secretary of the Planning Commission, within 10 days following the effective date of the decision or determination sought to be reviewed. Upon the receipt of such notice or application, the officer receiving the same shall cause notice to be given to the Chairman of the Commission, the City Manager, and the applicant. The Commission or the Council for cause shown may permit the notice of application for review to be filed after the expiration of the 10-day period but in no event later than 30 days after the effective date of the decision, provided that the provisions of Section 11-40-18(d) shall not apply in the case of such late filing.

[Source: Ord. 182, 1973]

(d)

The filing of a notice of application for review, except as provided in Section 11-40-17(b) and (c) and in Section 11-40-18(c), stays all proceedings on the decision or determination and the enforcement or implementation thereof until the next regular or special meeting of the Commission or the Council, whichever first occurs, at which time either the Commission or the Council extend or vacate the stay of proceedings.

[Source: Ord. 182, 1973]

(e)

In the event a rehearing is granted by the Commission, the proceedings for review by the Council shall terminate without prejudice.

[Source: Ord. 182, 1973]

(f)

Upon the filing of the notice required by this Section, the Secretary of the Commission shall forthwith transmit to the City Clerk all the papers constituting the record upon which the action sought to be reviewed was taken. At the next ensuing regular meeting of the City Council, the City Clerk shall deliver the notice of application for review, and the papers received from the Commission, to the City Council.

[Source: Ord. 265, 1973]

(g)

The City Council, if the grounds of review provided by Section 11-40-18(b) are sustained, may in its discretion grant or deny the review. If such grounds are not sustained, the application for review shall be denied.

[Source: Ord. 265, 1973]

(h)

If the application for review is denied, the City Clerk shall cause the notice and papers to be transmitted to the Commission and the decision of the Commission shall be deemed affirmed. If the application for review is granted, the Council may proceed as provided in Section 11-40-19.

[Source: Ord. 182, 1973]

Section 11-40-19. Review -- Nature and Extent.

(a)

After granting an application for review as provided in Section 11-40-18, the City Council may, in its discretion:

(1)

Review the record of proceedings before the Commission, with or without the receipt of further or additional evidence, testimony or statements; or

(2)

Conduct a hearing de novo, in the manner and upon the notice provided for the hearing of such matter before the Commission; or

(3)

If the record of proceedings before the Commission is insufficient or incomplete to afford the basis for review, the Council may decline to review the decision or determination and remand the case; or the Council may remand the case to the Board with directions to complete or supply the incomplete or insufficient portions of the record, or to make, enter, or clarify findings of fact, and thereupon to transmit the case back to the Council for review.

(b)

The Council may, on the application of any party or on its own motion, consolidate for purposes of review any two or more applications for review.

(c)

The Council, in reviewing any decision or determination pursuant to the provisions of this Section, may, subject to the provisions of Section 11-40-20:

(1)

Affirm the decision or determination.

(2)

Reverse the decision or determination of the Commission, in whole or in part, with or without modification.

(3)

In the case of a hearing de novo as provided by Section 11-40-19(a)(2), set aside the decision or determination and enter the decision or determination of the Council in its stead.

(d)

Whenever the City Council in review proceedings acts upon a decision or determination of the Board, the decision of the Council shall be reduced to writing and transmitted to the Commission. Such decision shall be entered by the Secretary in the records of the case, and, unless further proceedings are required pursuant to the direction of the Council, the decision of the Council shall become the final decision in the case.

[Source: Ord. 182, 1973]

Section 11-40-20. Vote Required in Certain Cases.

(a)

Except as otherwise provided in this Section, action by the Council on any recommendation of the Commission or on review of any decision or determination of the Commission shall be carried by the affirmative vote of a majority of the members elected to the Council.

(b)

In the case of disapproval by the Commission of an application for the construction of authorization of any street, square, park, or other public way, ground or open space, or public building or structure, or publicly or privately owned public utility, the recorded vote of not less than two-thirds of the members elected to the Council shall be required to overrule such disapproval.

(c)

The acceptance of any street not shown on or not corresponding with a street on the Master Plan or on any subdivision plat or street plat approved by the Commission, after the ordinance is first submitted to the Commission for approval, requires the recorded vote of not less than two-thirds of the members elected to the Council to overrule the disapproval of the Commission.

[Source: Ord. 182, 1973]

(d)

In the case of disapproval by the Commission of an application for zoning of lands proposed to be annexed to the City, the recorded vote of not less than three-fourths of the members elected to the Council shall be required to overrule such disapproval.

[Source: Ord. 295, 1974]

Section 11-40-21. Appeals to Board of Adjustment.

(a)

A decision or determination of the Planning Commission on an appeal for a permitted use, special use, or temporary use may be appealed to the Board of Adjustment in the manner provided by Article 42 of this Chapter.

(b)

A decision or determination of the Planning Commission on an application for rezoning, or other recommendation to the Council which requires Council action before becoming effective, shall not be subject to appeal to the Board of Adjustment.

(c)

The pendency of an appeal to the Board of Adjustment from a decision or determination of the Planning Commission shall not affect the right of any person to make application for a variance under the provisions of Article 42 of this Chapter.

[Source: Ord. 267, 1973]

Section 11-40-22. Applications -- Preliminary Decisions -- Review.

(a)

All applications provided by this Ordinance to be made to the Planning Commission shall be filed in the office of the Director of Community Development.

(b)

The Director or a building inspector is authorized to make the following preliminary decisions on applications to the Planning Commission:

(1)

Rejection of any applications not allowed by this Ordinance.

(2)

Rejection of any application, which is incomplete or insufficient.

(3)

Determination that the application is formally sufficient for submission to the Planning Commission.

(4)

Recommendation of the Department of Community Development concerning the application.

(c)

If the application is given preliminary approval as provided in Section 11-30-1(c), the Director shall cause the application to be placed on the agenda of the Planning Commission for public hearing, which shall be held not less than 30 days after the filing of the application.

(d)

A decision of the Director or a building inspector rejecting an application shall be a final decision, without prejudice to further application. Such decision may be appealed to the Planning Commission at any regular meeting thereof.

[Source: Ord. 324, 1974]

Section 11-40-23. Compensation of Planning Commission Members.

(a)

The City Council finds and declares that the payment of compensation to citizen members of the Planning Commission will have the effect of broadening the base of citizen participation in municipal affairs by extending to persons otherwise unable to afford the expense of such participation, including child care, the opportunity to participate, and will compensate all such members for their personal expenses incurred in attending and participating in Planning Commission activities, in the best interest of the City.

(b)

Each citizen member attending a regular meeting of the Planning Commission shall receive compensation therefore in the amount of twenty dollars ($20), up to a maximum of forty dollars ($40) in any month.

(c)

The maximum amount paid to the citizen members of the Planning Commission shall be four hundred eighty dollars ($480) in any one calendar year.

[Source: Ord. 1403, 2005]