The City of Centennial Zoning and Subdivision Regulations, codified in this Chapter, shall hereinafter be referred to as "the Centennial Land Development Code" or "LDC."

A.

Generally. The regulations of this LDC shall be for the purpose of promoting the health, safety, convenience, order, prosperity and general welfare of the present and future inhabitants of the City of Centennial, Colorado, by using the City's home rule, constitutional, and statutory powers to:

1.

Implement the City's adopted Comprehensive Plan and other adopted plans (including Sub-Area Plans), which reflect the shared values of the community with respect to the character, form, and function of its future development, and which promote planned and orderly development and redevelopment within the City;

2.

Protect and enhance the character of the City by defining districts according to desired character traits; ensure adequate light and air; maintain open spaces; and implement design standards in appropriate locations;

3.

Promote context-sensitive redevelopment and infill development;

4.

Provide for a variety of housing opportunities for a diverse population;

5.

Diversify and improve transportation options through enhancing multimodal transportation choices; balancing land uses; managing access; linking land use and transportation; and other appropriate measures;

6.

Protect the City's tax base by enhancing business opportunities (particularly retail sales), and increasing property values through promoting quality building improvements, infill development, and redevelopment;

7.

Protect the public treasury from unnecessary expenditures of resources due to, for example, unmitigated impacts of development; underutilization of existing infrastructure; or unnecessarily large lengths or widths of pavement that must be maintained by the City;

8.

Promote public safety by securing safety from fire and other dangers through appropriate site design and adequate infrastructure;

9.

Balance the basic human needs of a changing population with legitimate environmental concerns; protecting and conserving key natural resources, including water resources; and promoting sustainable development patterns and the use of renewable resources;

10.

Enhance coordination with independent providers of public services (e.g., fire protection, water, sewer, schools, recreation, and drainage) in the City; and

11.

Provide for efficient and fair development approval procedures that respect property rights and ensure quality development.

B.

Specific Purposes. Specific purposes of the various Chapters and Parts of this LDC may be expressed therein.

A.

Home Rule Charter. Pursuant to the Constitution of the State of Colorado, Article XX, Home Rule Cities and Towns, Section 6, Home Rule for Cities and Towns, the principal authority for this LDC is the Home Rule Charter of the City of Centennial, adopted June 10, 2008, as may be amended from time to time.

B.

Colorado Statutes. The provisions of this LDC are also authorized by the Colorado Revised Statutes, including, but not limited to:

1.

Title 31, Powers and Functions of Cities and Towns, Article 23, Planning and Zoning

2.

Title 24, Government - State, Article 65.1, Areas and Activities of State Interest

3.

Title 29, Government - Local, Article 20, Local Government Regulation of Land Use

4.

Title 30, Government - County, Article 20, Public Improvements, Part 1, Solid Wastes Disposal Sites and Facilities.

5.

Title 40, Utilities, Article 5, New Construction - Extension

These regulations apply to all property within the corporate boundaries of the City of Centennial, Colorado.

Group homes that existed on the effective date are not rendered nonconforming by the presence of other existing group homes. New group homes shall be spaced from existing group homes as required by this LDC.

A.

Generally. This Section sets out the transitional provisions that apply to drive-in and drive-through restaurants.

B.

Grandfathered Restaurants.Section 12-4-202, Drive-In or Drive-Through Restaurants and Section 12-2-408, Commercial Uses, shall not apply to any lawfully established and existing Drive-In or Drive-Through Restaurant existing as of June 6, 2005 in a manner that would:

1.

Cause such existing use to be declared a nonconforming use pursuant to Article 12, Nonconformities, due to failure to meet the location and siting requirements or minimum parcel size; or

2.

Prevent or prohibit such existing use from expansion, enlargement, addition, removal, or relocation or other modification of any existing or any new structure on the lot of the existing Drive-In or Drive-Through Restaurant, provided that such expansion, enlargement, addition, removal, or relocation or other modification incorporates elements of the design requirements set forth in Section 12-4-202, Drive-In or Drive-Through Restaurants to evidence compliance with the intent of these regulations as determined by the City of Centennial.

C.

Vested Rights. The location and siting requirements of Section 12-2-408, Commercial Uses shall not apply to preclude or limit the location of the following:

1.

Any Fast Food Restaurant expressly described as an approved use in an annexation agreement approved by ordinance of the City of Centennial; or

2.

Any Fast Food Restaurant for which a vested property right (within the meaning of Colorado law) was lawfully conferred or established provided that such right remains valid and effective.

A.

Generally. This Section sets out the transitional provisions that apply to convenience stores and gasoline stations.

B.

Grandfathered Convenience Stores and Gasoline Stations.Section 12-4-203, Convenience Stores and Gasoline Stations, and Section 12-2-408, Commercial Uses, shall not apply to any lawfully established and existing convenience store or gasoline station as of June 6, 2005 in a manner that would:

1.

Cause such existing use to be declared a nonconforming use pursuant Article 12, Nonconformities, due to failure to meet the location and siting requirements or minimum parcel size; or

2.

Prevent or prohibit such existing use from expansion, enlargement, addition, removal, or relocation or other modification of any existing or any new structure on the lot of the existing convenience store or gasoline station provided that such expansion, enlargement, addition, removal, or relocation or other modification incorporates elements of the design requirements set forth in Section 12-4-203, Convenience Stores and Gasoline Stations, to evidence compliance with the intent of these regulations as determined by the City of Centennial.

C.

Vested Rights. The location and siting requirements of this Section 12-2-408, Commercial Uses, shall not apply to the following form(s) of development:

1.

Any convenience store or gasoline station expressly described as an approved use in an annexation agreement approved by ordinance of the City of Centennial.

2.

Any convenience store or gasoline station for which a vested property right (within the meaning of Colorado law) was lawfully conferred or established provided that such right remains valid and effective.

A.

Generally. This Section sets out the transitional provisions that apply to vehicle wash facilities.

B.

Grandfathered Vehicle Wash Facilities.Section 12-4-204, Vehicle Wash Facilities, and Section 12-2-408, Commercial Uses, shall not apply to any lawfully established and existing Vehicle Wash Facility as of June 6, 2005 in a manner that would:

1.

Cause such existing use to be declared a non-conforming use pursuant to Article 12, Nonconformities, due to failure to meet the location and siting requirements or minimum parcel size; or

2.

Prevent or prohibit such existing use from expansion, enlargement, addition, removal, or relocation or other modification of any existing or any new structure on the lot of the existing vehicle wash facility provided that such expansion, enlargement, addition, removal, or relocation or other modification incorporates elements of the design requirements set forth in Section 12-4-204, Vehicle Wash Facilities, to evidence compliance with the intent of these regulations as determined by the City of Centennial.

C.

Vested Rights. The location and siting requirements of Section 12-2-408, Commercial Uses, shall not apply to preclude or limit the location of the following:

1.

Any vehicle wash facility expressly described as an approved use in an annexation agreement approved by ordinance of the City of Centennial.

2.

Any vehicle wash facility for which a vested property right (within the meaning of Colorado law) was lawfully conferred or established provided that such right remains valid and effective.

A.

Generally. This Section sets out the transitional provisions that apply to self-storage facilities.

B.

Grandfathered Self-Storage Facilities.Section 12-4-205, Self-Storage Facilities, and Section 12-2-408, Commercial Uses, shall not apply to any lawfully established self-storage facility existing as of June 6, 2005 in a manner that would:

1.

Cause such existing use to be declared a non-conforming use pursuant to Article 12, Nonconformities, due to failure to meet the location and siting requirements or minimum parcel size; or

2.

Prevent or prohibit such existing use from expansion, enlargement, addition, removal, or relocation or other modification of any existing or any new structure on the lot of the existing Self-Storage Facility provided that such expansion, enlargement, addition, removal, or relocation or other modification incorporates elements of the design requirements set forth in Section 12-4-205, Self-Storage Facilities, to evidence compliance with the intent of these regulations as determined by the City of Centennial.

C.

Vested Rights. The location and siting requirements of Section 12-2-408, Commercial Uses, shall not apply to, preclude, or limit the location of the following:

1.

Any self-storage facility expressly described as an approved use in an annexation agreement approved by ordinance of the City of Centennial.

2.

Any self-storage facility for which a vested property right (within the meaning of Colorado law) was lawfully conferred or established provided that such right remains valid and effective.

A.

Generally. No land shall be developed except in accordance with the applicable provisions of this LDC. All the following are considered "development" that is subject to the applicable requirements of this LDC:

1.

Use of Land. The use of any building, structure, land, or water. This includes new uses, expansions, and material changes to the operational characteristics of existing uses.

2.

Clearing of Land. Land clearing in anticipation of development for non-agricultural purposes.

3.

Other Disturbance or Alteration. Any other disturbance of land, soil, vegetation, or waterways, including alteration of land for development or other purposes, but not including routine landscape maintenance, shall conform to the applicable standards contained in this LDC.

4.

Division or Subdivision. Any division of land for land development, for sale, or for lease, whether by metes and bounds, subdivision, or other technique shall comply with all applicable requirements of this LDC.

B.

Applicability to City-Owned Property. Notwithstanding any provision in this LDC to the contrary, the City shall be exempt from the requirements of this LDC for development proposed on City-owned property. The City may, at its discretion, voluntarily elect to invoke or follow one or more LDC provisions, processes or procedures provided in this LDC where the Director administratively determines that such will serve the public health, safety, or welfare. All approvals of development on City-owned property shall be administrative.

C.

Applicability to the Public Right-of-Way. Except to the extent specifically provided by this LDC and any authorized administrative interpretation, the provisions of this LDC do not apply to the public right-of-way.

(Ord. 2025-O-04 §2)

An application for approval of a site specific development plan, as well as the approval, conditional approval, or denial of approval of the plan shall be governed only by the duly adopted laws and regulations in effect at the time that a complete application is submitted. (See C.R.S. 24-68-102.5, Applications - Approval by Local Government).

A.

No Duty to Search. The City has no duty to search for the existence of private restrictions on property. In the review of applications pursuant to this LDC, the City will enforce only its own regulations.

B.

No Duty to Interpret. The City will not interpret or apply private restrictions unless it is a party to them.

C.

No Duty to Enforce. To the extent that the City is made aware of private restrictions:

1.

If the private restrictions are more restrictive than this LDC, or if they involve subject matter that is not addressed by this LDC or other provisions of the Centennial Municipal Code, then the City will only enforce the provisions of this LDC or the Centennial Municipal Code. Enforcement of more restrictive provisions is at the discretion of the parties to the private restrictions (or any other party who has standing to bring suit under Colorado law).

2.

If the private restrictions are less restrictive than this LDC or other provisions of the Centennial Municipal Code, then the City will enforce this LDC or the Centennial Municipal Code.

3.

The City will not generally seek to enforce private restrictions. The City may become involved in the enforcement of existing private restrictions only if:

a.

The City determines that such enforcement is in the interest of the City as a whole; and

b.

The City has legal standing to enforce the existing private restriction.

A.

Generally. The standards of this LDC are to be interpreted as minimum standards. This Code should be interpreted in light of the purposes stated herein.

B.

Signs; Substitution of Noncommercial Speech for Commercial Speech. Notwithstanding anything contained in this LDC to the contrary, any sign erected pursuant to the provisions of this LDC 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, and

2.

The size, height, setback and other dimensional criteria contained in this LDC have been satisfied, or the sign is legally nonconforming.

A.

Generally. If any division, section, paragraph, clause, provision, or portion of this LDC is held unconstitutional or invalid by a court of competent jurisdiction, the remainder of this LDC shall not be affected. If any application of this LDC to a particular structure, land, or water is adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgment shall not be applicable to any other structure, land, or water not specifically included in said judgment.

B.

Signs. With respect to Article 6, Signs and Lighting, the following severability provisions shall apply:

1.

Severability Generally. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of Article 6, Signs and Lighting, or any other provision of this LDC related to signage, is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of Article 6, Signs and Lighting, or this LDC.

2.

Severability Where Less Speech Results. Without diminishing or limiting in any way the declaration of severability set forth above in subsection B.1., above, or elsewhere in this Section, this LDC, or any adopting ordinance, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of Article 6, Signs and Lighting, or any other provision of this LDC related to signage, is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of said Chapter or provision, even if such severability would result in a situation where there would be less speech, whether by subjecting previously exempt signs to permitting or otherwise.

3.

Severability of Provisions Pertaining to Prohibited Signs and Sign Elements. Without diminishing or limiting in any way the declaration of severability set forth above, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of Article 6, Signs and Lighting, or any other provision of this LDC related to signage, is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of Article 6, Signs and Lighting, that pertains to prohibited signs or sign elements. It is the intent of the City Council to ensure that as many prohibited sign types and sign elements as may be constitutionally prohibited continue to be prohibited.

4.

Severability of Provisions if Adjudicated Stricken Due to a Content-Basis. It is the intent of the City Council to regulate signage in a manner that implements the purposes of Article 6, Signs and Lighting, as expressed therein. The City finds that the purposes stated in Article 6, Signs and Lighting, are legitimate, substantial, and compelling public interests, that the regulation of signage provided by Article 6, Signs and Lighting. Article 6, Signs and Lighting, is unrelated to the suppression of free expression, and that the incidental restrictions on expression that may occur as a result of these regulations is no more than is essential to the furtherance of the public interests. However, if a court of competent jurisdiction finds any regulation therein to be based upon content and, further, declares such regulation unconstitutional, then it is the intent of the City Council that only that portion of the provision that is found to relate to content be severed from this LDC, and if it is not possible for the court to strike only the portion of the provision that is found to relate to content, then it is the intent of the City Council that all signs that would be subject to the stricken provision will instead be subject to the next surviving provision for a sign of like geometry and character that is more restrictive than the stricken provision in terms of sign area.