This Title 18 shall be known and may be cited and referred to as the "Land Development Code," and may hereafter be referred to in this Title as "the Development Code" or "this Title."

(Ord. 804-23, § 2(Exh. A), 2023)

This Land Development Title is adopted pursuant to the authority granted to the City as home rule authority pursuant to Article XX of the Constitution of the State of Colorado, the City of Evans Home Rule Charter, and independent of and in addition to the Colorado Revised Statutes, including but not limited to, Title 31, Article 23 Planning and Zoning. This Title also supersedes any state legislative enactments which are, by their terms, subject to being superseded by adopted home rule city charters or ordinances.

(Ord. 804-23, § 2(Exh. A), 2023)

This Land Development Title shall apply to all structures, uses, and land within the legal boundaries of the City. A copy of a map showing the boundaries of the City shall be available for public inspection in the Community Development Department.

(Ord. 804-23, § 2(Exh. A), 2023)

This Land Development Title is enacted for the following purposes:

A.

To assist orderly, efficient, and integrated development;

B.

To promote the health, safety and general welfare of the residents;

C.

To ensure conformance of land subdivision plans with the public improvement plans of the City, Weld County, the State and other public agencies;

D.

To ensure coordination of municipal public improvement plans and programs;

E.

To encourage well planned subdivisions by establishing adequate standards for design and improvements;

F.

To improve land survey monuments and records by establishing standards for surveys and plats;

G.

To safeguard the interests of the public, the property owner, and the subdivider;

H.

To secure equitable handling of all subdivision plans and plats by providing uniform procedures and standards;

I.

To prevent population congestion;

J.

To protect natural vegetation and scenic areas;

K.

To prevent and control erosion, sedimentation, and other pollution of surface and subsurface water;

L.

To prevent flood damage to persons and properties, and minimize expenditures for flood relief and flood-control projects;

M.

To restrict building on areas poorly suited for building or construction;

N.

To prevent loss and injury from landslides, mudflows, and other geologic hazards;

O.

To implement the Comprehensive Plan of the City;

P.

To lessen traffic congestion in the streets;

Q.

To secure safety from fire, panic, and other dangers;

R.

To promote adequate light and air;

S.

To facilitate the adequate provision of transportation, water, sewage, schools, parks, and other public requirements.

(Ord. 804-23, § 2(Exh. A), 2023)

This section shall be used to guide the transition from previously existing regulations. Unless specifically stated otherwise in this Title, the following rules shall apply:

A.

Generally. All standards in this Title shall apply after the effective date of the ordinance adopting these standards, and all subsequent amendments shall become effective in the same manner.

B.

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.

C.

Prior approvals. All permits, site plans, or other approvals issued under an administrative capacity prior to the effective date of this Title shall remain effective for the duration specified with that approval. If no date is specified, the duration of the most applicable approval under this Title shall be used. Any changes or amendments to a prior approval requested after the effective date of this Title shall be subject to all provisions of this Title.

D.

Plats. Any approved preliminary plan may continue to advance to final plat. Each subsequent approval of a final plat for a phased project may renew the validity of that preliminary plan for the duration specified in Section 18.03.030. However, a new preliminary plan shall be required subject to all provisions if:

1.

The preliminary plan expires under the conditions of the prior approval or the duration specified for preliminary plans in Section 18.03.030, whichever is sooner.

2.

A final plat proposes a substantial change to the approved preliminary plan, per Section 18.03.030.C.1.

E.

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

(Ord. 804-23, § 2(Exh. A), 2023)

A.

When interpreting and applying the following provisions of this Title, the following shall govern:

1.

The provisions contained in this Title shall be regarded as the minimum requirements for the protection of the public health, safety and welfare.

2.

Whenever a provision of this Title and any provision in any other law of the City covers the same subject matter, whichever is the most restrictive or imposes the higher standard or requirements shall govern.

(Ord. 804-23, § 2(Exh. A), 2023)

A.

Community Development Director. The Community Development Director (Director) is responsible for administration of this Title, and is the principal interpretation and enforcement official of these regulations. The Director may consult with any other department or relevant outside agencies in order to coordinate any plans, policies, and programs. The Director shall specifically:

1.

Prepare and provide development application forms and administer the requirements and review of submittals;

2.

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

3.

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

4.

Make all final interpretations and any final administrative decision referred to the Director.

B.

Planning Commission. The Planning Commission is the appointed body of the City responsible for all long-range and comprehensive planning, as well as review, recommendations and decisions on implementation of the Comprehensive Plan. The Planning Commission is established according to Chapter 12 pf the Evans Home Rule Charter. In addition to all other general planning authority granted by the Charter, statutes, local ordinances, the Planning Commission shall have the specific review responsibilities and final administrative decisions referred to the Planning Commission under the procedures and standards of these regulations.

C.

City Council. The City Council is the elected and governing body of the City responsible for all legislative decisions that affect implementation of the Master Plan. In addition to other general authority granted by law, the City Council shall have the appeal authority and final decision authority referred to the City Council under the procedures and standards of these regulations.

D.

Zoning Board of Appeals. In accordance with Chapter 12.5 of the Evans Home Rule Charter, the City Council appoints the Zoning Board of Appeals. In addition to all other general authority granted by the Charter, statutes, local ordinances, the Zoning Board of Appeals shall have the specific review responsibilities and final administrative decisions referred to the Zoning Board of Appeals under the procedures and standards of these regulations.

(Ord. 804-23, § 2(Exh. A), 2023)

A.

Violations. It shall be unlawful for any building, structure, site element or use of land to be constructed, altered, maintained, or otherwise initiated in violation of these regulations. It shall be unlawful for any person to do or cause:

1.

Any act or thing prohibited by these regulations;

2.

Omit any act or thing required by these regulations; and

3.

Interfere in any manner with persons in performance of a right or duty granted or imposed by these regulations, maintained, or otherwise initiated in violation of these regulations.

B.

Enforcement. The City may investigate and initiate proper actions or proceedings to prevent or terminate any activity or condition that is in violation of these regulations, including withholding any permits or licenses, revoking or suspending any permits or licenses previously granted, issuing stop work orders, preventing the sale or lease of property, correcting or abating the nuisance, withholding any public improvements, or penalizing and initiating legal proceedings to prevent the continuance of unlawful actions or conditions.

C.

Penalty. Any and all violations of the provisions of this Code shall be a code infraction and shall be subject to the sanctions for code infractions contained in Chapters 1.16 and 1.17 of this Code, and any other sanctions permitted under law. The City may seek and obtain remedies provided by law, including civil and administrative sanctions, temporary or permanent injunctive relief, and any other relief set forth in Chapters 1.16 and 1.17 of this Code.

(Ord. 804-23, § 2(Exh. A), 2023)

A.

Intent. The intent of this Chapter is to provide the procedures necessary to implement the provisions of Article 68 of Title 24, C.R.S., as amended, and to effectuate local control over creation of vested property rights to the fullest extent permitted under the Evans Home Rule Charter.

1.

Definitions.

a.

Site specific development plan means a plan that has been submitted to the City by a landowner or such landowner's representative describing with reasonable certainty the type and intensity of use for a specific parcel or parcels of property. A site specific development plan shall not include a sketch plan.

b.

Vested property right means the right to undertake and complete the development and use of property under the terms and conditions of a site specific development plan. Zoning that is not part of a site specific development plan shall not result in the creation of vested property rights.

B.

Eligibility. A site specific development plan may be in the form of, but need not be limited to, any of the following plans or approvals:

1.

Preliminary subdivision plan;

2.

Final subdivision plat;

3.

Minor subdivision plat;

4.

Planned unit development rezoning plat;

5.

Site plan;

6.

Special use permit; or

7.

As otherwise agreed by the City Council and the owner for a specific project or development phase which occurs prior to building permit application for those developments for which the landowner wishes the creation of vested rights, and has submitted an application and receives approval by the City Council.

C.

Establishment.

1.

A vested property right shall be deemed established with respect to any property upon the approval, or conditional approval, of a site specific development plan, following notice and public hearing, by the appropriate City of Evans decision-making authority. A vested property right shall remain vested for a period of three (3) years unless a longer term is authorized by the City Council at the time of approval or any subsequent amendment.

2.

The City Council may approve a site specific development plan upon such terms and conditions as may reasonably be necessary to protect the public health, safety and welfare. Conditional approval shall result in a vested property right, although failure to abide by such terms and conditions will result in a forfeiture of vested property rights.

3.

A vested property right shall attach to and run with the applicable property and shall confer upon the landowner and their successors the right to undertake and complete the development and use of said property under the terms and conditions of the site specific development plan including any amendments thereto.

4.

A site specific development plan shall be deemed approved upon the effective date of the legal action, resolution, or ordinance relating thereto. Such approval shall be subject to all rights of referendum and judicial review.

D.

Notice of approval. A notice shall be published advising the general public of the site specific development plan approval and creation of a vested property right pursuant to this Section no later than fourteen days following approval.

E.

Vesting language. Each recorded map, plat, or other document constituting a site specific development plan shall contain the following language: "Approval of this plan may create a vested property right pursuant to Title 18 of the Evans Municipal Code and Article 68 of Title 24 C.R.S., as amended." Failure to contain this statement shall invalidate the creation of the vested property right.

F.

Payment of costs. In addition to any and all other fees and charges imposed by this Code, the applicant for approval of a site specific development plan shall pay all costs occasioned to the City as result of the site specific development plan review, including but not limited to publication of notices, public hearing and review costs, which costs are hereby established by City Council by resolution.

G.

Limitations.

1.

Approval of a site specific development plan shall not constitute an exemption from or waiver of any other provisions of this Code pertaining to the development and use of property. The establishment of a vested property right shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all property subject to land use regulation by the City, including but not limited to building, fire, plumbing, electrical and mechanical codes, or any identifiable subpart of the City.

2.

Following approval or conditional approval of a site specific development plan, nothing in this Section shall exempt such a plan from subsequent reviews and approvals by the City to ensure compliance with the terms and conditions of the original approval, if such reviews and approvals are not inconsistent with said original approval.

3.

A vested property right, once established as provided in this article, precludes any zoning or land use action by a local government or pursuant to an initiated measure which would alter, impair, prevent, diminish, impose a moratorium on development, or otherwise delay the development or use of the property as set forth in a site specific development plan, except:

a.

With the consent of the affected landowner;

b.

Upon the discovery of natural or man-made hazards on or in the immediate vicinity of the subject property, which hazards could not reasonably have been discovered at the time of site specific development plan approval, and which hazards, if uncorrected, would pose a serious threat to the public health, safety, and welfare.

4.

If the vested rights associated with a specific property have expired, upon a showing of good cause explaining why the property was not developed during the original vesting period, the current landowner of such property may apply to City Council to reestablish and extend vested rights for the same development which was previously approved. City Council is not obligated to grant such request.

5.

Nothing in this Section is intended to create any additional vested property right, but only to implement the provisions of Article 68 of Title 24, C.R.S., as amended.

(Ord. 804-23, § 2(Exh. A), 2023)

A.

Intent. The City recognizes uses, structures, site conditions and lots that were established legally, but no longer conform to current requirements of this Code. The intent of this Section is to govern such nonconformities so they may continue to be put to productive use and to provide a process to bring them into compliance with current regulations.

B.

Legal nonconforming uses. Uses that were legally commenced, but which could not be legally established under the current terms of this Code, may continue to exist subject to the following:

1.

The use shall not be expanded beyond any specific area of the site or lot where it was legally established or beyond any existing building or structure where the nonconforming use exists, except where the following conditions are met:

a.

The enlargement or addition of a structure shall facilitate conforming uses or activities, and does not otherwise expand or increase impacts of the nonconforming use;

b.

The enlargement or addition of a structure shall not result in conversion of the nonconforming use from a seasonal to a year-round operation or otherwise expand the time of operations; and

c.

The enlargement or addition of a structure shall require compliance with applicable standards in the area of impact in order for the nonconforming use to continue. The presence of a nonconforming use shall not be used to justify noncompliance with other applicable standards.

2.

If the nonconforming use is reduced in intensity or abandoned for a period of twelve (12) consecutive months, the property may not be used except at that lower intensity or as a conforming use.

3.

Any change of the nonconforming use shall be to a conforming use, and at the time of this change, the nonconforming use shall be deemed abandoned.

4.

Any structure in which a nonconforming use is carried on that is damaged to the extent of more than fifty percent (50%) of the replacement value shall not be restored to support the nonconforming use.

5.

A detached house used as a single-family dwelling in any district that does not permit single-family dwellings may be enlarged or renovated, as long as the lot and building comply with all other base standards applicable to a similar building type.

C.

Legal nonconforming structures. Structures that were legally constructed at the time they were built, which could not be legally constructed under the current terms of this Code, may continue to exist subject to the following standards. This Section shall not apply to signs, which are addressed in Chapter 18.09.

1.

Rehabilitation or expansion of the structure that increases the degree of nonconformity is prohibited. Other rehabilitation or expansions may occur provided that they comply with all other requirements of this Code; are not detrimental to the purposes, intent and objectives of the standards; and do not negatively impact development in conformance with this Code on adjacent property. In general, no repairs or alterations that cost more than fifty percent (50%) of the replacement value of the structure shall be permitted. The burden shall be on the applicant to produce evidence that the cost of the repair or alteration is less than fifty percent (50%) of the replacement value.

2.

If damaged by fifty percent (50%) or less of its total replacement cost, the structure may be restored to its original condition if work obtains a permit and work is commenced within 180 days, and work is completed prior to expiration of the permit.

3.

If the structure is determined obsolete or substandard by virtue of any applicable code beyond this chapter, and the applicant fails in their burden of proof that the cost of improvement or restoration is less than fifty percent (50%) of the replacement value, then the right to maintain the nonconformity shall terminate.

4.

Structures granted variances from the dimensional standards are not considered nonconforming and are not subject to the limitations of this section, provided that the there are no changes beyond the limits, conditions, or extent of the approved variance.

D.

Legal 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 legally created, instructed, or installed 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 up to the maximum extent practical, considering the extent of area being impacted by work to support the new or expanded use.

2.

Any site development activity on a portion of a site shall require compliance with the new standards on that portion of the site or proportionate to area that is subject to the development activity. For example, a site that is not compliant with the landscape standards must meet the landscape standards prorated to the portion of the site where development activity occurs, but the remainder of the site may remain nonconforming. If more than fifty percent (50%) of the entire site area is impacted by development activity, the entire site shall be brought into compliance.

3.

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

4.

Where any application for construction is greater than fifty percent (50%) of the replacement value of a component of the site, that component or the entire site shall be brought into compliance.

5.

The Director may accommodate any other scenarios that meet the intent of this section and bring the site into greater compliance relative to the level of investment associated with the permitted activity.

E.

Legal nonconforming lots. Any lot platted legally prior to the adoption or amendment of this Code, or any parcel established legally prior to the adoption of subdivision regulations in Evans, but which could not be platted under the current requirements of this Code, may continue to exist provided it complies with the following 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.

In any district that allows detached houses, a detached house and customary accessory buildings may be erected on any nonconforming lot, provided all standards other than lot dimensions standards are met.

2.

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

3.

Where any nonconforming lot is under the same ownership as an abutting lot, the City may require minor plat procedures with regard to any development activity or use of the nonconforming lot. The minor plat procedures, including lot line adjustments or lot consolidations, shall be used to create the greatest degree of conformity possible.

4.

Any difficulties in meeting the standards of this subsection, or other applicable standards of the Development Code, which are attributable to the nonconformity of the lot may be used as criteria for other relief from the standards authorized by this Code.

F.

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 the owner may record the certificate with the Weld County Clerk and Recorder.

G.

Benign nonconformities. As a result of any rezoning, in association with annexation, or associated with any other planning effort for a particular geographic area, the City may create rules for specific nonconforming situations. In these situations, the City Council may approve by ordinance a determination that the nonconformity has no negative effects on the long-term development within the zone district, and is compatible with the intent and design objectives for future development in the immediate surroundings. In this circumstance, a benign nonconformity may be permitted with the specifically stated additional rights, beyond the standard nonconforming rights of this Section.

H.

Removal of nonconformity. A determination may be made by City Council by ordinance that a nonconformity poses significant negative effects on the long-term development within the district, or is incompatible with the intent and design objectives for future development in the immediate surroundings. In this circumstance, a nonconformity may be phased out over time to reduce the rights of the nonconforming situation to less than permitted by this Section. Any phased removal of the nonconformity shall be based upon:

1.

Identified risks to long-term investments in the surrounding area, and risks that could not otherwise be protected by a different zoning determination for the properties involved;

2.

Consideration of reasonable investments in the property up to the time the zoning established the nonconforming situation, and what is an appropriate time to allow a return on those past investments; and

3.

Coordinating with the anticipated rate of change in the area and how the presence of the nonconformity affects that change, including other opportunities available for the nonconforming property.

(Ord. 804-23, § 2(Exh. A), 2023)