This Title shall be known as the Unified Development Code. References to "this Title," "the development code," "these regulations," or similar references shall be considered a reference to the Unified Development Code.

A.

Authority. This Title is adopted through the exercise of powers granted and acquired in the Home Rule Charter adopted by the City of Englewood in 1958, as amended from time to time, and in accordance with the powers granted to municipalities by the Constitution and Laws of the State of Colorado, C.R.S. 29-20-101 et seq., (Local Government Land Use Control Enabling Act) and C.R.S. 31-23-101 et. seq. (Planning and Zoning).

B.

Home Rule. The City of Englewood recognizes that zoning is ultimately a local and municipal matter and intends that this Title supersedes any conflicting general law of the State of Colorado within its jurisdiction.

C.

Jurisdiction. This Title applies to all structures, uses, and land within the corporate limits of the City of Englewood.

This Title is adopted to promote the public safety, health, and general welfare for the City and its citizens and businesses. Specifically, the regulations have the following purposes:

A.

Implement the Comprehensive Plan, and other plans and programs authorized under the guidance of the Comprehensive Plan.

B.

Promote land uses, development patterns, and site and building design that support and encourage economic and sustainable development.

C.

Regulate uses within floodplains to mitigate hazards to the public and damage to property.

D.

Promote development that preserves and enhances quality of life and protects the City's environmental resources.

E.

Facilitate the provision and proper location of infrastructure such as water, sewerage, drainage, streets, transportation, and other public facilities, services, and utilities.

F.

Promote planning and urban design that emphasizes distinct places and unique elements of community character throughout Englewood, particularly coordinating development with the design of streets, open space, civic space, and other public realm investments.

G.

Divide the City into zones and districts that promote the character and development patterns of distinct places identified in the Comprehensive Plan.

H.

Regulate and restrict the development and use of buildings and land within each zoning district to create a compatible scale, format, and intensity within districts, and appropriate transitions and relationships between districts.

I.

Provide a comprehensive, consistent, and efficient development review process.

A.

General Applicability. It shall be unlawful to conduct any development or use of land until all specified development review processes have been followed, all applicable standards have been fulfilled, and all required approvals, permits or other authorizations have been issued.

B.

Effective Date. All standards in this Code shall apply after the effective date established in the ordinance adopting this Code. All subsequent amendments shall become effective in the same manner and may be subject to specific dates or applicability terms of the adopting ordinances.

C.

Transition Provisions. Unless specifically stated otherwise in this Code, the following rules shall determine the transition from previous regulations to this Code:

1.

Applications. Any official application submitted prior to the effective date of the ordinance adopting these standards, and determined a complete application by the Director, shall be reviewed and processed according to the prior standards and procedures. An application submitted prior to the effective date, but determined incomplete, shall be resubmitted and processed according to the regulations in effect at the time of submittal of a complete application.

2.

Prior Approvals. All permits, site plans, or other approvals issued under an administrative capacity prior to the effective date of this Code shall remain effective for the duration specified with that approval or any duration that existed under the prior Code. If no date is specified or existed under the prior Code, they shall remain valid for six months from the effective date of this Code. Any changes or amendments to a prior approval requested after the effective date of this Code shall be subject to all provisions of this Code.

3.

Planned Zoning. Planned unit developments or similar development with standards conditioned on approval of a specific plan shall continue to be regulated under those plans and approvals. Any changes to those plans and standards shall occur as specified in this Code.

4.

Continuation of Enforcement. Any violations of a previously valid regulation that continues after adoption of this Code may be enforced as provided by this Code. The City may, in its discretion, enforce either the previous standard or the standards of this Code.

A.

Staff. The following City staff positions are responsible for administering specific aspects of this Code.

1.

Community Development Director. The Community Development Director (Director) is responsible for administration of the development code, and is the principal interpretation and enforcement official of these regulations. The Director may consult with any other department or relevant outside agencies to coordinate any plans, policies, and programs that impact the Comprehensive Plan. The Director shall specifically:

a.

Prepare and provide forms and submittal requirements for development applications.

b.

Oversee the application and review processes, and prepare presentations and reports for review bodies.

c.

Set the dates for meetings and hearings before the Commission, Board, and Historic Preservation Commission.

d.

Issue official interpretations and approve the use of other resources, guides, and industry standards used in administering this Code.

e.

Make all final interpretations and any final administrative decision referred to the Director under the procedures and standards of this Code.

2.

City Manager and Other Staff. The City Manager is the chief executive and administrative officer for the City and may make any decision delegated to any City staff member under this Code. All other department heads and staff may serve in an advisory role to the Director under this Code, as designated by the City Manager.

3.

Development Review Team. The City Manager or Director may assemble the Development Review Team (DRT) for any applications that require referral, review, and comment from any of the departments or agencies. In addition to the Director and City Manager, the DRT generally includes representatives from Community Development, Public Works, Building Division, Utilities, Police, South Platte Renew, and Fire.

B.

Planning and Zoning Commission. The Planning and Zoning Commission (Commission) is the appointed body of the City responsible for all long-range and comprehensive planning, as well as review, recommendations, and decisions on implementing the comprehensive plan. The Commission is established according to EMC § 2-5-1. In addition to all other general planning authority granted by statute, charter, municipal code, or bylaws, the Commission shall have the specific review responsibilities and final administrative decisions referred to it by these regulations, including:

1.

General interpretation and application of the standards and criteria to development proposals presented to the Commission.

2.

Serve as the principal fact-finding entity for applications that require a public hearing.

3.

Advise the Council on planning and design issues and make recommendations on amendments to this Code and map amendments (rezoning).

4.

Conduct periodic review of plans and regulations, monitor the cumulative impacts of development and public investments under this Code, and make recommendations for updates corresponding to the policies, plans, and standards of the City.

C.

City Council. The City Council (Council) is the elected and governing body of the City responsible for all legislative decisions that affect implementation of the comprehensive plan. In addition to other general authority granted by law, the Council shall have the appeal authority and final decision authority referred to it under these regulations, including.

1.

Approve amendments to this Code.

2.

Approve map amendments (rezonings).

3.

Accept dedications of land and public improvements.

4.

Establish fees for development applications, public facilities, and other aspects of development impacts.

5.

Coordinate other legislative responsibilities of the City with the comprehensive plan and implementation of this Code.

D.

Board of Adjustment and Appeals. The Board of Adjustment and Appeals (Board) is created under the authority of Chapter 59 of the Englewood Home Rule Charter, and the following provisions under this Code.

1.

Administrative and Review Roles. The Board has the following responsibilities in administering this Title:

a.

Hear and decide on appeals from denial of a building permit.

b.

Hear and decide on appeal of administrative decisions made under this Code when a clear error is alleged.

c.

Grant variances to the standards of this Code.

d.

Any other items specifically delegated to the Board by the provisions of this Code.

2.

Officers. The Board shall elect a chairperson and vice chairperson from among its members. The term of the chairperson and vice chairperson shall be for one year with eligibility for reelection. Unless otherwise absent or disqualified, the Chairperson shall preside over all meetings. In the absence or disqualification of the Chairperson, the Vice Chairperson shall preside. In the absence or disqualification of both the Chairperson and Vice Chairperson, the next longest-serving Board member shall preside.

3.

Proceedings. The Board may adopt rules and bylaws necessary to conduct affairs and in keeping with this Section and its authority under the Charter, and in the absence of any rules or bylaws Bob's Rules of Order shall govern. Meetings shall be held at the call of the Chair and at such other times as the Board may determine. The Chair may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public. The City shall appoint a recording secretary to keep records of all proceedings.

4.

Votes. The quorum for the Board shall be five members. Table 1-1 specifies the number of votes required to approve any decision based on the number of Board members present:

E.

Historic Preservation Commission. The Historic Preservation Commission is established by EMC § 2-15-1 and shall be responsible for the preservation of the historical and architectural heritage of the City, as provided in Chapter 15. In this role, the Historic Preservation Commission advises the Council and Commission on matters related to preserving the cultural resources and historic character of the City and may be consulted by the Commission or Council during any process under this Code that impacts these issues.

F.

Advisory Specific Plan Design Review Committee.

1.

The Council may appoint an ad hoc advisory Specific Plan Design Review Committee consisting of one Council member and one Commission member and one Englewood Downtown Development Authority Board member on a rotational per project basis, and one or more architectural design professionals recommended by the Director to serve as an Advisory Specific Plan Design Review Committee for site development plan review in order to determine compliance with Specific Plan design standards and guidelines as provided in EMC § 16-2-4, Specific Plans.

2.

The Advisory Specific Plan Design Review Committee will review development applications in areas that are governed by an approved Specific Plan, including the applicant's site development plans, and design standards and guidelines report. Based upon its review, the Advisory Specific Plan Design Review Committee shall make recommendations to the City Manager or Director including, but not limited to, recommendations concerning compliance with Specific Plan design standards and guidelines, conditions of approval, or whether waiver of certain guidelines are justified.

3.

The Advisory Specific Plan Design Committee is an informal advisory and consultative body whose determinations and recommendations are not binding upon the City Manager or Director.

A.

Rules of Construction. The following rules shall apply to the application and interpretation of these regulations, unless the context clearly indicates otherwise:

1.

All words shall have the customary dictionary meaning, unless specifically defined in these regulations. The Director or final decision-making authority may make this determination in a way that best meets the purposes, intent, and objectives stated in this Code.

2.

In case of any difference in meaning or implication between the text and any heading, drawing, table, or figure, the text shall control.

3.

Lists of examples prefaced by "including the following," "such as," or other similar clauses shall not be construed as exclusive or exhaustive and shall not preclude an interpretation that includes other similar and non-mentioned examples.

4.

A reference to an administrative official shall refer to that official, or their designee, and all references to specific City officials may also include any other designee of the City Manager.

5.

The present tense includes the future tense, and the future tense includes the present tense.

6.

The singular includes the plural, and the plural includes the singular.

7.

The conjunctive "and" in a list means that all connected terms apply; the conjunctives "or" and "and/or" mean the connected terms may apply singly or in any combination; and the conjunctive "either...or" means the provisions apply singly but not in combinations.

8.

When calculations to determine a requirement of something that cannot be divisible (i.e. parking space, trees) results in fractions, it shall be rounded up to the nearest whole number if the standard is expressed as a minimum requirement and rounded down to the nearest whole number if the standard is expressed as a maximum allowance.

9.

"Shall," "will" or "must" is mandatory; "should" or "may" is permissive but recommended to best meet the intent or objective of the standard.

10.

Any reference to other official local, state, or federal government rules or regulations shall include the current versions of those regulations, provided they remain binding on the City, or where not binding, they remain consistent with the purposes, intent, and objectives included in these regulations.

11.

References to a person shall include individuals, partnerships, agencies, corporations or other legal entities and the owner, tenant, occupant, principal, partners, officers, employees, agents, and representatives of any legal entity.

B.

Conflicts. This Title does not repeal or interfere with existing provisions of other valid and applicable laws, except where specifically stated. All provisions of this Code shall be considered the minimum requirements to promote the public health, safety and welfare. In case of a conflict between these regulations and any other adopted rule, regulation, or code of the City, or between other applicable and valid law, the higher standard shall apply. In making a determination of which standard is higher, the official may consider which is more specific; which is more consistent with the Comprehensive Plan; which is more consistent with the purposes, intent, and objectives of these regulations; and which best promotes the public health, safety and welfare.

C.

Computation of Time. Periods defined by a number of days shall mean a number of consecutive calendar days, including all weekend days, holidays, and other non-business/working days. However, if the last day falls on a Saturday, Sunday, or legal holiday, the period extends to the next day that is not a Saturday, Sunday, or legal holiday.

D.

Interpretation of the Zoning Map. In determining the boundaries of zones shown on the zoning map, the following rules shall apply:

1.

Unless otherwise indicated, the zone boundaries are the centerlines of streets, alleys, parkways, or channelized waterways, or such lines extended. Where a district boundary line is shown as adjoining a railroad right-of-way, the line shall coincide with the railroad right-of-way line.

2.

If a district boundary line extends in the direction of the length of a block, the line shall coincide with the centerline of the block.

3.

If a district boundary line is shown as approximately following platted lot lines, the line shall coincide with platted lot lines.

4.

If a district boundary line divides a platted lot or crosses unsubdivided property, the line shall be determined by dimensions shown upon the zoning map.

5.

If a district boundary line is shown by a specific dimension, the specific dimension shall control.

6.

If a district boundary line is located with reference to a fixture or monument, the location of the fixture or monument shall control.

7.

If the street layout or stream course that exists on the ground varies from the layout as shown on the map, the map shall be interpreted according to the reasonable intent of this Title.

8.

In the event a dedicated street or alley shown on the map is vacated by ordinance, the property shall be included within the zone of the adjoining property on either side of the vacated street or alley. In the event the street or alley was a zone boundary between two or more different zones, the new zone boundary shall be the former centerline of the vacated street or alley.

A.

If any court of competent and final jurisdiction declares any part of this development code to be invalid, that ruling shall not affect any other provisions of this development code not specifically included in that ruling.

B.

If any court of competent and final jurisdiction declares that the application of this development code to a particular property or structure is invalid, that ruling shall not affect the application of the regulations to any other property or structure, or to development with different circumstances.

C.

No provision of this Code shall enable any circumstance that is unlawful under superseding federal or state law. If any Section, subsection, sentence, clause, phrase, or portion of this Code is now or in the future superseded or preempted by state or federal law, or found by a court of competent jurisdiction to be unauthorized, such provision shall be interpreted and applied as required by law.

D.

The City Council of the City of Englewood hereby declares that it would have phrased this Title and each Chapter, Section, subsection, sentence, clause, or phrase, irrespective of the fact that any one or more chapters, sections, subsections, sentences, clauses, and phrases be declared invalid.

A.

Intent. The general policy of the City is to allow uses, buildings, and lots that were created legally and in conformance with then-applicable requirements, but that do not conform to the current applicable requirements of these regulations, to continue to be put to productive use. However, it is the City's intent to bring as many aspects of these nonconformities into compliance with current regulations as is reasonably practical. The intent of this Section is to balance the interests of property owners in past investments, discourage investment that expands or extends nonconforming situations, and promote investment consistent with the Comprehensive Plan and these regulations where reasonable and necessary.

B.

Burden of Proof. The burden shall be on the applicant to establish that the nonconformity was established lawfully and the entitlement to continuation of nonconforming situations or completion of nonconforming projects according to this Section. Owners of nonconformities may request a "certificate of legal nonconforming status" by filing an application with the Director, and once issued may record the certificate in the Arapahoe County Clerk and Recorder's Office.

C.

Nonconforming Uses. Uses that were legally initiated prior to the adoption or amendment of this Code, but which could not be continued under the current terms of this Code, may continue to exist subject to the following:

1.

No development shall be permitted that expands the use, and the use shall not be expanded beyond the land area or building floor area for which it was legally established, except as permitted in subsection H.

2.

The use shall not be transferred to another site or relocated on the same site.

3.

If a nonconforming use is discontinued for a period of 180 days or more, regardless of intent to resume operations, any future use shall conform to this Code.

a.

Seasonal uses must be used in consecutive seasons, and discontinuance for a season will indicate abandonment.

b.

Sale of the use to a new owner or change of operator shall not be considered discontinuance, provided neither owner or operator discontinues the use for a combined period of 180 days or more.

c.

Continuation of an accessory use shall not be used to prevent the discontinuance of the principal use, and the accessory use shall not be permitted absent a principal use.

4.

Any structure in which a nonconforming use is conducted in that is damaged to the extent of more than 60% of the current value, as determined by the method of valuation for building permits, shall not be restored to support the nonconforming use

D.

Nonconforming Structures. Structures other than signs that were legally constructed prior to the adoption or amendment of this Code, but which could not be constructed under the current terms of this Code, may continue to exist subject to the following:

1.

Rehabilitation or expansion of the structure that increases the degree of nonconformity is prohibited, except as permitted in subsection H. Other rehabilitation, expansion, alteration, or repair of a nonconforming structure may occur provided that they comply with all other requirements of this Code.

2.

If damaged or otherwise determined substandard or in disrepair, where restoration is more than 60% or less of its total replacement cost by method of the valuation of building permits, the right to maintain the nonconformance shall terminate. Except, the following may be restored to their original condition if the owner obtains a permit within one (1) year:

a.

Detached houses that do not meet setbacks may be restored to its prior condition

b.

Multi-unit residential buildings that do not meet the lot area required for the number of units may be restored to the prior condition.

c.

Buildings shall comply with all applicable safety codes.

d.

Any expansion of these buildings beyond the prior shall comply with the standards.

3.

Structures granted variances from the dimensional standards are not considered nonconforming and are not subject to the limitations of this Section, provided that the structure and owner comply with any terms of the variance and the circumstances surrounding the variance have not substantially changed.

E.

Nonconforming Site Conditions. Any site condition associated with a conforming use or structure (such as parking, landscape, open space, or other non-building site characteristic) in existence prior to these regulations, but which are not compliant with the standards of these regulations, may continue to exist subject to the following:

1.

Any change of use or expansion of use shall require compliance with the new site standards to the maximum extent possible, considering the level of investment needed to support the new use and the extent of area being impacted by work to support the new use.

2.

Any site development activity on a portion of a site shall require compliance with the new standards proportional to the area subject to the development activity.

3.

Any change of use, building, or site design element that triggers a screening requirement shall require 100% compliance with all screening standards applicable to the entire site.

4.

Where any investment is greater than 60% of the current replacement value of the site or can reasonably be interpreted as impacting more than 60% of any one component of the site, the site or that component shall be brought into full compliance with these standards.

F.

Nonconforming Lots. Any lots platted or otherwise legally created prior to the adoption or amendment of this Code, but which could not be platted under the current requirements of this Code, may continue to exist provided it complies with this sub-section. Any difficulties meeting these standards caused by the nonconformance of the lot may be used as criteria in granting relief to these standards. The size and shape of any nonconforming lot shall not be altered in any way, except to increase the conformity with these regulations.

1.

Two abutting nonconforming lots shall be considered an undivided single lot for the purposes of accommodating a detached house or other permitted building type if the lots are in single ownership and share a continuous frontage.

2.

In any district that allows detached houses, a detached house and customary accessory buildings may be erected on any nonconforming lot not eligible for a lot combination, provided all standards other than lot dimensions standards are met.

3.

In any district that does not allow detached houses, the nonconforming lot not eligible for a lot combination may be used for the smallest-scale building and use permitted in the district by these regulations, provided all standards other than lot dimension standards are met.

G.

Nonconforming Signs. Existing signs which do not conform to the specific provisions of these regulations are designated as nonconforming signs. Except for signs designated as landmark signs by the Historic Preservation Commission, nonconforming signs must be brought into compliance with this Code or must be removed when any of the following conditions exist:

1.

When the property or premises upon which the sign is located is vacant or unoccupied for a period of more than 90 days.

2.

When a sign and/or sign structure is damaged or in disrepair and the total repair or restoration cost exceeds 50% of the signs value. All costs for any improvements to the exterior of a building shall be counted towards a determination of repair or restoration costs for signs attached to the building.

3.

When there is a zone change approved for the property.

4.

When the sign or existing structure upon which the sign is located is relocated, replaced, or changed in size, location, or height, or is altered in any way. This does not refer to change of copy or normal maintenance.

H.

Limited Expansions. In association with any development application in Chapter 2 of this Title, the City may determine that any existing nonconforming use, site, or building may be continued with protections beyond that provided by this Section, and limited expansions may be permitted subject to the following:

a.

An existing residential building with nonconforming setbacks may be expanded to the extent of the existing setback, provided it does not increase the extent of the nonconformity by more than 50% of the current nonconformance.

b.

An existing residential building may be extended beyond existing setbacks to match prevailing conditions on adjacent lots or in the vicinity, provided the encroachment is no more than five feet.

c.

An existing residential building may be expanded to continue a nonconforming use, provided that the existing building and proposed expansion is determined to have a lesser impact than what is otherwise allowed in the district subject to current standards.

d.

It is determined that the expansion preserves buildings and patterns that are not detrimental to adjacent property and continued investment that furthers the intent of the zoning district and this Section.

e.

It is determined to have no negative effects on the long-term development within the district, and to abutting uses or potential uses.

f.

The proposal meets all other criteria of the associated application, except for the nonconformity.

A.

Enforcement. The provisions of this Title shall be administered and enforced by the Director. Zoning enforcement personnel will have all legal powers necessary to enforce this Title.

B.

Enforcement Officer. The Enforcement Officer shall be responsible for the enforcement of all provisions contained in this Title and is authorized to undertake all investigations of violations of this Title, to issue notices and orders, to issue summons and complaints for prosecution in the Englewood Municipal Court, to bring any legal action in other courts of competent jurisdiction, and to take other measures as are necessary for the enforcement of the provisions of this Title. Summons and complaints issued by the Enforcement Officer may be served by the Enforcement Officer, a Code Enforcement Officer, or a Law Enforcement Officer.

C.

Stop Orders. Whenever the use of property or the construction of any building or structure is contrary to the provisions of this Title, the Enforcement Officer may order the use of property or construction to be stopped by serving notice in writing on any person, firm or corporation engaged in using the property or in doing or causing such work to be done, or by posting notice in a conspicuous place on the property when no person, firm or corporation can be served in the aforesaid manner. No oversight or dereliction or error on the part of the City of any employee of City shall legalize, authorize, or excuse the violation of any of the provisions of this Title.

D.

Enforcement Process.

1.

Administrative Notice of Violation.

a.

Issuance of Administrative Notice. The Enforcement Officer shall provide written notice to the owner(s) of the premises upon which a known or suspected violation of this Title exists. Such notice shall be served upon the owner(s) by posting such notice on the property, by personally serving the notice to the owner(s), or by sending the notice certified, return receipt requested via U.S. Mail, postage prepaid, to the last known address of the owner(s).

b.

Receipt of Notice. The notice shall be deemed received immediately if directly communicated with the owner(s), or primary contact, through either personal notification or telephone call. Notice shall be deemed received 72 hours after posting the property, publication in a newspaper, or by certified mailing, return receipt requested via U.S. Postal Service, postage prepaid.

c.

Administrative Notice. The administrative notice shall include that information deemed necessary by the Enforcement Officer, including: 1) common address or legal description of the property upon which the violation is located, 2) citation to any Section of the Code of which a violation is alleged to exist, 3) description of the violation(s) occurring upon the property, 4) an administrative order to correct the violation within 10 days of the receipt of the administrative notice (unless other provided within a specific Section or Chapter of this Title), 5) notice of the procedure to appeal an administrative notice of violation, and 6) notice that failure to correct violations may result in criminal prosecution, including the possible maximum fines and penalties associated with conviction upon charges.

d.

Compliance Inspection. Within five days following receipt of the administrative notice, the property owner or primary contact shall contact the Enforcement Officer seeking inspection of the property and a determination that the property is in compliance with the Code. The Enforcement Officer is authorized to provide one extension to the administrative notice of no more than five days following an inspection of the property if the Enforcement Officer believes the property owner made a good faith but unsuccessful effort to correct the violation(s), and such violation(s) may be successfully remediated if provided an additional five days.

2.

Summons and Complaint; Notice to Appeal; Right to Proceed; Fines and Costs.

a.

If the owner or primary contact fails to schedule a time for the inspection within ten days following service of the administrative notice (unless otherwise provided within a specific Section or Chapter of this Title), the Enforcement Officer may seek a search warrant for the inspection of the premises under the provisions of EMC § 1-7A-4.

b.

If the Enforcement Officer has not completed an inspection of the property and a determination that the property is in compliance with the Code within 10 days following receipt of the administrative notice, the Enforcement Officer is authorized to issue to the owner a summons and complaint and notice to appear in the Englewood Municipal Court to answer to charges of a violation of this Title.

c.

Should any owner(s) of such property contest the charge, the City shall not be precluded from addressing the violations of this Title, or any other Title of the Englewood Municipal Code which are applicable, through administrative or civil action to bring the property into compliance with this Title or the Englewood Municipal Code, or any other applicable law or regulation.

d.

Any persons found guilty, or by the entering of a plea of guilty or nolo contender, to any violation of this Title shall be subject to the provisions of the General Penalty, EMC § 1-4-1, and shall be ordered to remediate the violation and bring the subject property into compliance with this Title.

e.

Any person convicted of a violation of this Title shall be assessed the costs, including inspection fees, incurred by the City in association with service of the administrative notice, including publication and mailing fees, and service of the summons and complaint, including process server fees, in association with the enforcement of this Title.