CHAPTER 11
CITY OF NORTHGLENN ZONING ORDINANCE

ARTICLE 6
GENERAL REGULATIONS, ALL ZONES

Section 11-6-1. General. In all zones, no building, structure, or land shall be used and no building or structure shall be erected, structurally altered, or enlarged except as provided in this Ordinance.

[Source: Ord. 179, 1973]

Section 11-6-2. Uses-by-Right. Uses by right are as set forth for each zone district.

[Source: Ord. 179, 1973]

Section 11-6-3. Temporary Uses. Permitted uses are as set forth in Article 29 or as specified for individual zone districts.

[Source: Ord. 179, 1973]

Section 11-6-4. Permitted Uses. Permitted uses are as set forth in Article 30 or as specified for individual zone districts.

[Source: Ord. 179, 1973]

Section 11-6-5. Special Uses. Special uses are as set forth in Article 31 or as specified for individual zone districts.

[Source: Ord. 179, 1973]

Section 11-6-6. Accessory Uses. Accessory uses are as set forth in Article 32.

[Source: Ord. 179, 1973]

Section 11-6-7. Parking Requirements. Parking requirements are as set forth in Article 33.

[Source: Ord. 179, 1973]

Section 11-6-8. Fence Regulations. Fence regulations are as set forth in Article 34.

[Source: Ord. 179, 1973]

Section 11-6-9. Sign Regulations. Sign regulations are as set forth in Chapter 21 of the Northglenn Municipal Code.

[Source: Ord. 179, 1973; 1653, 2013]

Section 11-6-10. Supplemental Regulations. Supplemental regulations are as set forth in Article 36.

[Source: Ord. 179, 1973]

Section 11-6-11. Restrictions. The following restrictions shall apply:

(a)

No junk or litter shall be stored, kept, discarded, placed or allowed to remain outside of totally enclosed structures except in covered trash containers placed out for pickup no earlier than 5:00 p.m. the day before the next scheduled pickup by City or commercial trash removal services. This Section 11-6-11(a) shall not be interpreted to prevent the storing of construction, building or landscape materials on any site during such time as construction or site improvement projects are underway on that site, or in any zone district where outdoor storage is allowed as a use by right. Nor shall this Section be interpreted to prevent the storage of firewood behind the front building line, for use on the site, in any zone district so long as it is cut and neatly stacked.

(b)

On corner lots, shrubs, trees, flowers, other plants, or structures more than 30 inches above the level of the flow line of the street shall not substantially obstruct vision within a triangle measured from the point of intersection of the flow lines abutting the streets a distance of 25 feet along each such flow line.

(c)

Accessory buildings shall not be closer than five feet to any principal building.

(d)

No mobile home, manufactured home, trailer, or motor vehicle shall be attached or connected in any manner to an existing building or structure in the City of Northglenn. As used in this Section, the term "mobile home" shall be defined by Section 11-5-2(98) of the City of Northglenn Municipal Code. As used in this Section, the term "manufactured home" shall be defined by C.R.S. § 42-1-102(106)(b). As used in this Section, the term "trailer" shall be defined by Section 11-5-2(171) of the Northglenn Municipal Code. The term "trailer" shall also include: travel trailers, as defined by Section 11-5-2(172) of the Northglenn Municipal Code; camping trailers, as defined by Section 11-5-2(22) of the Northglenn Municipal Code; and truck campers, as defined by Section 11-5-2(174) of the Northglenn Municipal Code. As used in this Section, the term "motor vehicle" shall be defined by C.R.S. § 42-1-102(58).

(e)

No detached trailer of any type shall be parked on any public street or public right-of-way in any zone district for any period of time.

(f)

No tow truck, wrecker, dump truck, flat bed truck, stake bed truck, truck-tractor, special mobile equipment, construction equipment, construction machinery, or any other form of special purpose vehicle or equipment may be parked on any street or street right-of-way in any zone district for any period of time unless it is being used at the location where parked for the specialized purpose for which the vehicle or equipment was designed. Vehicles and equipment designed for the transport of any goods, materials, vehicles or equipment may only be parked on a public street or street right-of-way when engaged in pick-up or delivery of goods, material, vehicles or equipment.

(g)

At no time shall any parked or stored vehicle, boat, or truck camper be occupied or used for living or housekeeping purposes or for the housing or keeping of animals, except as provided below, or as may be allowed by a temporary use permit granted in accordance with Article 29 of this Zoning Ordinance.

The use of a motor home, truck camper, travel trailer, camping trailer, semi-trailer or specialized trailer for temporary sleeping quarters only, for a period not in excess of fourteen (14) days, shall not be deemed occupancy for living or housekeeping purposes. This exception shall only apply on private property with the permission of the property owner or on-street in residential zones when visiting an adjacent residence.

[Source: Ord. 179, 1973; 904, 1988; 1165, 1997; 1273, 2001; 1307, 2002; 1337, 2003; 1483, 2007; 1547, 2009]

Section 11-6-12. Street Improvements.

(a)

As used in this Section 11-6-12 of the Municipal Code:

(1)

The term "street improvements" means and includes street grading, street surfacing and paving, curbs, gutters, and sidewalks.

(2)

The term "unimproved street" means any street or portion thereof on which the street improvements have not been installed and constructed.

(b)

All street improvements in the City shall be designed, installed and constructed pursuant to and in compliance with the applicable provisions of Chapter 16 of the Municipal Code and the street specifications adopted by Article 8 of said Chapter 16.

(c)

Except when an improvements agreement guarantee, as provided by Section 12-2-4 of the Municipal Code, is in effect, no lot or parcel of land in the City of Northglenn which fronts or abuts on an unimproved street shall be used for residential, commercial or industrial purposes until the required street improvements have been installed and constructed.

(d)

Proof of compliance with the requirements of this Section shall be a prerequisite to the issuance of a building permit under the provisions of Article 43 of this Chapter.

[Source: Ord. 309, 1974]

Section 11-6-13. Landscaping. In all zone districts except Agricultural, Single-Family Residential and Open Zones the following Landscape Specifications shall apply:

(a)

No more than 33 1/3 percent of the landscaped area, exclusive of sidewalks, shall be covered with non-living material such as decorative rock or pavers. If the developer and/or owner installs a bike path according to the City of Northglenn Greenway/Trail Plan and construction specifications, the bike path shall be considered as landscaping by the Director of Community Development and shall not be included as non-living material, so that the developer may cover up to 33 1/3 percent of the remaining surface area with non-living material.

(b)

Minimum sizes of plant material:

(1)

Shade Trees: All shade trees shall be a minimum of two (2) inches in caliper. It is unlawful and deemed a nuisance to sell, allow to propagate or import into the City of Northglenn or plant or cause to be planted any female Cottonwood tree (Populus Deltoides Species),Box Elder (Acer Negundo), Siberian Elm (Ulmus Pumila) and Russian Olive within the City.

(2)

Evergreen Trees, Upright Junipers: Five (5) feet minimum height, with the exception of Ponderosa Pine which shall be six (6) feet in height, and Mugho Pine, which shall have a twenty-four (24) inch minimum branch spread.

(3)

Ornamental Trees: One and one-half (1-1/2) inch minimum caliper.

(4)

Shrubs, including spreading evergreens: Shall have a minimum container size of five (5) gallons. Balled and burlapped and bareroot stock shall have a minimum height of two (2) feet. Bareroot stock may be planted no earlier than March 1 and no later than May 15.

(5)

Vines, ground covers, perennials: Size shall be approved by the Department of Community Development according to availability during planting season.

(c)

Minimum Requirements for Landscaping:

(1)

A site plan, drawn to scale, showing all existing and proposed utilities, easements and rights-of-way, the proposed layout of all structures and other improvements including, where appropriate, driveways, pedestrian walks, landscaped areas, fences, walls, off-street parking and loading areas and railroad tracks. The site plan shall indicate the location of entrances and exits and the direction of traffic flow into and out of off-street parking and loading areas, the location of each parking space and each loading berth and areas of turning and maneuvering vehicles. The site plan shall indicate how utility service and drainage are to be provided, and shall provide pertinent information regarding adjoining properties, such as zoning and/or land use and building location(s).

(2)

A landscape plan, drawn to scale, showing the location of existing trees proposed to be removed and to be retained on the site, the location and design of landscaped areas, the varieties and sizes of trees and plant materials to be planted on the site, other pertinent landscape features, and irrigation system required to maintain trees and plant materials. No existing tree shall be removed from a site without the written approval of the Director of Community Development.

(3)

All plants shall be healthy specimens obtained from a Colorado nursery, collected from within the State of Colorado, or supplied from a nursery in one of the Northern hardiness zones as defined by the U.S. Department of Agriculture. All plants shall meet or exceed the requirements of the Colorado Nursery Act of 1965, as amended.

(4)

No artificial trees, shrubs, turf or plants shall be used to fulfill the requirements for landscaping.

(5)

The developer and/or owner shall provide at least one (1) shade tree for every forty (40) feet of street frontage, or any part thereof, and one (1) ornamental tree for each fifty (50) feet of street frontage, or any part thereof.

(6)

Any area improperly maintained shall be considered a code violation, and the developer and/or owner shall be subject to summons. If necessary, the City of Northglenn will have the area maintained and shall charge the owner of the property the total cost for such services, based on a high average of fees charged by landscape maintenance firms, and a 50 percent additional administrative charge.

(7)

Landscaping along arterial streets should be emphasized by use of more or larger plant materials or special landscape features.

(d)

"Landscaping" means and includes not only trees, grass, bushes, shrubs, flowers and garden areas, but also the arrangement of fountains, patios, decks, street furniture and ornamental concrete or stonework areas, but excludes artificial plants, shrubs, bushes or flowers.

All landscaping required by this Ordinance and approved by the Planning Commission and/or Department of Community Development shall be installed prior to the issuance of a Certificate of Occupancy, unless security equal to 110 percent of the cost of the landscaping as determined by the Director is filed with the City assuring such installation within six (6) months of occupancy. "Security" may consist of a faithful performance bond payable to the City, cash, certified check, time certificates of deposit, assignment of a savings account or such other assurance of completion as shall meet with the approval of the City Attorney. If the installation of the landscaping is not completed within the six (6) month period, or within an extension of time authorized by the Planning Commission, the security may be used by the City to complete the installation. Upon completion of the installation, any portion of the remaining security deposited with the City shall be returned to the applicant.

(e)

All landscaping shall be continually maintained, including necessary watering, weeding, pruning, and replacing in a substantially similar manner as originally approved by the Commission and/or Department of Community Development, unless altered with the written approval of the original approving party.

(f)

Not less than 12 percent of the total lot area or the front 25 feet abutting the right-of-way, whichever is greater, shall be landscaped. Landscaping shall be located in at least three separate and distinct areas of the lot, one of which must be located in the front yard area and another in one of the side yard areas. Such areas shall be encouraged adjacent to structures. Landscape plantings shall be used to define, soften, or screen the appearance of off-street parking areas from public rights-of-way. Materials to be installed should achieve a balance between low-lying and vertical shrubs and trees.

(g)

In those areas where an industrial or commercial use abuts a residential zone, the developer shall install on his property either a dense landscape screen, at least six (6) feet high or an opaque fence, no less than six (6) feet high. The landscape screen or fence shall be installed as close to the abutting residential property line as possible. In addition, at least one of the landscaped areas identified in Section 11-6-13(f) shall fall in the area where the industrial or commercial property abuts the residential property.

(h)

All property owners shall landscape and maintain the unpaved portion of City right-of-way abutting their property with the exception of owners of single family residential properties abutting access controlled arterials. All City right-of-way access controlled arterials abutting single-family residential properties shall be maintained by the City. Access controlled arterial shall mean 104th Avenue, 112th Avenue, 120th Avenue, Huron Street and Washington Street.

[Source: Ord. 309, 1974; 393, 1975; 1337, 2003; 1371, 2004; 1449, 2006]

Section 11-6-14. Minimum Landscape Maintenance Requirements for Single-Family, Two-Family, Townhouse, or Patio Home Dwelling Units Located in R-1, R-1-A, R-1-B, R-1-C, R-2, R-3, or PUD Zone Districts.

(a)

The purpose of this Section is to establish minimum landscape maintenance requirements for both newly constructed and existing residential properties. These minimum maintenance requirements are intended to enhance the appearance and maintain the value of residential neighborhoods.

(b)

The following requirements shall apply to all single family, two-family, townhouse, or patio home dwelling units located in any R-1, R-1-A, R-1-B, R-1-C, R-2, R-3, or PUD zone district.

(c)

For purposes of this Section, landscaping shall mean those plants, non-living materials and structures installed and maintained to enhance the appearance of a property. Landscape may include grass, live ground covers, shrubs, trees, flowers, vegetables, decks, brick or paved areas, bark or other non-living ground covers, rock gardens, pools, gazebos, arbors or some combination thereof.

(d)

Minimum landscape requirements are as follows:

(1)

The entire front, side and rear yards shall be landscaped except for hard-surfaced driveways and sidewalks.

(2)

Decorative rock or gravel areas shall have a weed barrier installed underneath and shall be maintained substantially weed free.

(e)

Owners of existing dwelling units installing 75% or more new landscaping shall comply with these landscape requirements within one year following the project start date.

(f)

Owners of newly constructed dwelling units shall comply with these landscape requirements within two growing seasons following the issuance of a Certificate of Occupancy for their home.

[Source: Ord. 1309, 2002; 1337, 2003]

Section 11-6-15. Building Permits for New Development Projects and Redevelopment Projects.

(a)

No building permit for a new development project or redevelopment project, as defined below, shall be issued until applicable development plans for said project are reviewed by the Planning Commission and found to be in substantial conformance with the current Master Plan and/or any component part thereof adopted pursuant to the provisions contained in Section 11-40-9 of the Zoning Ordinance.

(b)

For purposes of this Ordinance, new development project shall mean construction of any permanent building requiring a building permit on any previously undeveloped site.

(c)

For purposes of this Ordinance, redevelopment project shall mean:

(1)

Replacement of any existing principal building; or

(2)

Expansion of any existing principal building in excess of 50 percent of the existing gross floor area or 10,000 square feet, whichever is less.

(d)

This Section 11-6-15 shall not apply in single-family residential zones.

[Source: Ord. 1025, 1991]

Section 11-6-16. Protecting Natural Site Amenities. Development plans shall be sensitive to pre-exiting natural site amenities, such as trees, water bodies, or natural drainage ways.

[Source: Ord. 1371, 2004]