1.

Generally. The regulations of this Land Development Code shall be officially known and cited as the "Arvada Land Development Code."

2.

Short Title. The Arvada Land Development Code may be referred to herein as "LDC" or "this Code."

The purpose and intent of this Code is to:

1.

Implement the City of Arvada Comprehensive Plan, as that plan may be amended or replaced from time to time;

2.

Ensure that all development in the City is consistent with the spirit and intent of other plans and policies adopted by City Council;

3.

Promote the public health, safety, convenience, comfort, prosperity, and general welfare;

4.

Promote the creation of safe, unique, interesting, inclusive, and economically vibrant places throughout the City;

5.

Protect the quality and character of stable residential neighborhoods;

6.

Promote the economic development and fiscal sustainability of the City;

7.

Encourage efficient and connected multimodal transportation and circulation systems serving drivers, bicyclists, pedestrians, and transit riders;

8.

Encourage the conservation and efficient use of water and other natural resources;

9.

Ensure the provision of adequate public facilities and services for new development and redevelopment;

10.

Provide for the consistent, predictable, and equitable administration of City land use and development regulations;

11.

Implement a connected system of parks, trails, and open spaces that promote improved outdoor activity and public health; and

12.

Provide protection from nuisances and hazards.

This Code is enacted pursuant to the City of Arvada Home Rule Charter and the powers granted and limitations imposed on municipalities by the Constitution and laws of the State of Colorado, including without limitation C.R.S. § 29-20-101, et seq. (The Local Government and Land Use Enabling Act).

A.

Generally. The provisions of this Code shall apply to:

1.

All land and land development within the incorporated areas of the City of Arvada;

2.

All buildings, structures, and uses of the land within the incorporated areas of the City of Arvada;

3.

Except as stated herein or as provided by applicable controlling law, all buildings, structures and land owned by the City or its agencies or departments, by Jefferson County or its agencies or departments, or by utilities, school districts, and special or metropolitan districts located within the incorporated areas of the City of Arvada; however, the provisions of this Code shall not require formal subdivision of land as a result of actions taken by the City to acquire land or interests in land, e.g., easements for public purposes; and

4.

All buildings, structures, and land owned by state or federal governmental agencies within the incorporated areas of the City of Arvada, to the greatest extent permitted by law.

B.

Emergencies. When an emergency threatening life, safety, or property exists or when an immediate need exists in the aftermath of such an emergency, and appropriately addressing the emergency or its aftermath in a timely manner would be inconsistent with the otherwise applicable procedures and requirements of this Code, the land use activities of the City or any City agency, department, district, or utility responsible for the facility involved in the emergency, may be exempt from the procedural requirements of this Code. When such exemption is applied, the City or agency shall complete any improvements or revegetation that would have been required if normal procedures had been followed as soon as reasonably practicable after the necessary emergency or remedial actions are taken. The City Council shall ratify such exemption after-the-fact at its next regularly scheduled public meeting, and shall base its ratification on specified findings of fact related to the emergency involved.

The provisions of this Code shall be considered the minimum requirements necessary for the promotion of the public health, safety, convenience, comfort, prosperity, and general welfare.

A.

Use or Occupancy. No building, structure, or land shall hereafter be used or occupied, and no building or structure or portion thereof shall hereafter be erected, moved, constructed, reconstructed, extended, enlarged, or altered contrary to the provisions of this Code, including without limitation the provisions of Chapter 9 Nonconformities.

B.

Multiple Use of Space Prohibited. No part of a yard or other open space or off-street parking or loading space required about or in connection with any building or land use for the purpose of complying with this Code shall be included as part of a yard, open space, or off street parking or loading space similarly required for any other building or land use, except as specifically allowed in an approved development or an approved shared parking arrangement.

C.

Future Reduction or Creation of Lots and Yards.

1.

No yard or lot existing at the time of the adoption of this Code shall be reduced in dimensions or area below the minimum requirements set forth in this Code, except where reduction is specifically authorized by this Code.

2.

Yards or lots created after the effective date of this Code shall meet at least the minimum requirements established by this Code.

D.

Property Annexed to the City.

1.

Any territory annexed to the City shall be zoned pursuant to the applicable procedures and requirements of this Code and of the Arvada City Code. No lands within the corporate limits of the City of Arvada shall be without a zoning district designation for more than 90 days, during which period no building permit shall be issued.

E.

Nonconforming Uses, Structures, and Lots.

1.

SeeChapter 9 of this Code for regulations regarding nonconforming uses, buildings, structures, signs, lots, and residential densities.

A.

Meaning and Intent. All provisions, terms, phrases, and expressions contained in this Code shall be construed according to this Code's stated purpose and intent.

B.

Text to Govern. In case of any difference of meaning or implication between the text of this Code and any heading, drawing, table, or figure, the text shall control.

C.

Figures and Illustrations. All figures and illustrations in this Code are intended to help the reader understand terminology and concepts used in this Code, unless otherwise indicated. Illustrations are not drawn to scale and are not to be interpreted as examples of character or design that must be matched.

D.

Lists and Examples. Unless otherwise specifically indicated, lists of items or examples that use terms such as "for example," "including," and "such as," or similar language are intended to provide examples, not to be exhaustive lists of all possibilities.

E.

Computation of Time. Periods of time defined by a number of days shall mean a number of consecutive calendar days, including all weekend days, holidays, and other nonbusiness/working days; however, if the last day is a Saturday, Sunday, or legal holiday, that day shall be excluded.

F.

Public Officials and Agencies. All public officials, bodies, and agencies to which references are made are those of the City of Arvada, unless otherwise indicated.

G.

Delegation of Authority. Whenever a provision appears requiring the head of a department or division, or another officer or employee of the City to perform an act or duty, that provision shall be construed as authorizing the department/division head or officer to delegate the responsibility to subordinates, unless the terms of the provision specify otherwise.

H.

Rules of Word Usage.

The following rules of word usage apply to the text of this Code:

1.

The word "shall" is always mandatory and not discretionary. The words, "may" or "should" are permissive except that the word "should" as used in specific guidelines contained within the Design Guidelines for Olde Town Arvada, and as used in the guidelines designated as "mandatory" within the Design Guidelines for the Reno Park Addition Historic District, shall be construed as mandatory.

2.

Unless the context clearly suggests the contrary, conjunctions shall be interpreted as follows:

a.

"And" indicates that all connected items, conditions, provisions, or events shall apply;

b.

"Or" indicates that one or more of the connected items, conditions, provisions, or events shall apply.

3.

Words used in one tense (past, present, or future) include all other tenses, unless the context clearly indicates the contrary. The singular shall include the plural, and the plural shall include the singular.

4.

Technical and non-technical words and phrases not otherwise defined in this Code shall be construed according to the common and approved usage of the language, but technical words and phrases not otherwise defined in this Code that may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.

Nothing in this Code shall be construed as a limitation upon the power of the Director of Community and Economic Development to correct obvious typographical or compositional errors, provided:

1.

Such corrections shall not change the legal effect of this Code or any part thereof.

2.

Such correction will be reported to the Planning Commission and the City Council.

If the provisions of this Code are inconsistent with those of the state or federal government, the provisions of this Code will control, to the extent permitted by law.

Unless otherwise provided herein, if the provisions of this Code are inconsistent with one another, or if they conflict with provisions found in other adopted codes, ordinances, or regulations of the City of Arvada, the more restrictive provision will control. Notwithstanding the foregoing, where provisions of this Code conflict with the Design Guidelines for Olde Town Arvada, or the Design Guidelines for the Reno Park Addition Historic District such Design Guidelines will control.

It is not the intent of this Code to interfere with, abrogate, or annul any easement, covenant, deed restriction, or other agreement between private parties. If the provisions of this Code impose a greater restriction than imposed by a private agreement, the provisions of this Code will control. If the provisions of a private agreement impose a greater restriction than this Code, the provisions of the private agreement will control. The City shall not be responsible for monitoring or enforcing private agreements.

The purpose of the Comprehensive Plan is to provide city-wide policies to guide major decisions of the City, including decisions on zoning, annexation, and other land use related decisions. The Comprehensive Plan, and the adopted plans which have been incorporated by reference, may include but not be limited to special focus elements such as parks, transit-oriented development, and bicycle connections.

A.

The Comprehensive Plan is the principal document guiding development for the City and the City's planning area. This Code is the primary implementation document of the Comprehensive Plan. Together, these documents establish guidelines and standards, and regulate land use within the City.

B.

When considering amendments to this Code text and/or maps, the Planning Commission and City Council shall pay reasonable regard to the policies of the Comprehensive Plan.

The effective date of this Land Development Code is May 26, 2020.

This Section addresses the applicability of new substantive standards enacted by this Code to activities, actions, and other matters that are pending or occurring as of the effective date of this Code.

A.

Violations continue. Any violation of the previous land development regulations of the City shall continue to be a violation under this Code and shall be subject to the penalties and enforcement set forth in Chapter 10 of this Code, unless the use, development, construction, or other activity is clearly consistent with the express terms of this Code.

B.

Completion of development plans commenced or approved under previous codes.

1.

Buildings or Developments with Previously Issued Building Permits.

a.

Any building or development for which a building permit was granted prior to the effective date of this Code shall be permitted to proceed to construction even if such building or development does not conform to the provisions of this Code.

b.

If construction is not commenced within 60 days from building permit issuance, and if work is not completed and the intended use not established in accordance with the applicable permit terms within 18 months of building permit issuance, the Planning Commission may, for good cause shown, grant not more than one extension of up to one year. If the building or development is not substantially completed within the 18-month period, or within any extension granted, then the building shall be constructed, completed, used, or occupied only in compliance with the requirements of this Code.

C.

Developments with PUD Approval. A development for which a PUD development plan was granted approval prior to the effective date of this Code may be completed in accordance with the approved plan, an approved plat, and any other approved permits and conditions, even if the development does not comply with one or more general development standards set forth in Chapters 4 and 5 of this Code, per Section 8-3-10-7, PUDs Approved Prior to Effective Date.

A.

If any court of competent jurisdiction declares that any section, Subsection, or provision of this Land Development Code is invalid, such judgment shall not affect the validity of the remaining provisions of this Code.

B.

If any court of competent jurisdiction invalidates the application of any provision of this Code to a development, such judgment shall not affect the application of that provision to any other development not specifically included in the judgment.

C.

If any court of competent jurisdiction invalidates any condition attached to a development approval granted under this Code, such judgment shall not affect the validity of any other condition attached to the approval that is not specifically included in the judgment.