This Chapter shall be officially known and referred to as the "City of Fort Morgan Land Use Code" or "this Chapter." The provisions of this Chapter shall apply to all development of land throughout the City, whether such development is undertaken by a public, quasi-public or private entity.

(Ord. 1110 §1, 2010)

This Chapter shall apply to the entire area of the City within the municipal boundaries, as altered from time to time.

(Ord. 1110 §1, 2010)

The purpose of this Chapter is to protect the health, safety and general welfare of present and future inhabitants of the City, including:

(1)

To encourage and accommodate efficient and fiscally responsible growth and development consistent with the adopted Comprehensive Plan, as amended from time to time.

(2)

To guide new development to sites with available infrastructure and support redevelopment opportunities within existing City boundaries.

(3)

To accommodate population and economic growth via the logical extension of municipal boundaries where the City has the fiscal capacity to provide services.

(4)

To achieve a sufficient mix of economically viable commercial retail, office and residential development that sustains downtown Fort Morgan and meets the needs of its citizens and visitors.

(5)

To establish a review system that provides for efficient, orderly and compatible land development.

(6)

To work in cooperation with Morgan County, special districts and other public agencies to address land use development and service issues of mutual concern.

(7)

To achieve a sufficient mix of housing types and densities that meets the needs of all current and future Fort Morgan residents.

(8)

To protect and enhance the stability of Fort Morgan's existing neighborhoods.

(9)

To sustain Fort Morgan's heritage as the regional agricultural and economic center of northeastern Colorado.

(10)

To enhance the viability of downtown Fort Morgan as the cultural and economic center of the community.

(11)

To provide an efficient, safe and connected roadway network which meets the access and circulation needs of Fort Morgan.

(12)

To provide an adequate level of service, infrastructure and facilities that serve public needs.

(13)

To develop parks, trails and sport facilities that serve the diverse recreation needs of Fort Morgan's residents.

(14)

To protect and develop the South Platte River floodplain as an environmental and recreational resource.

(15)

To guide economically sensible practices in the development of environmentally sensitive lands, and the redevelopment of abandoned, underused or blighted industrial property.

(16)

To regulate such other matters as the City Council deems necessary in order to protect the best interests of the public and of private property ownership.

(Ord. 1110 §1, 2010)

(a)

Repeal. Except as provided in Section 20-1-50, all land use regulations of the City effective prior to the date of adoption of this Chapter are hereby repealed. The repeal of any regulations does not revive any other ordinance or regulation or portion thereof repealed by said regulations. Such repeals shall not affect or prevent the prosecution or punishment of any person for the violation of any ordinance or regulation repealed hereby for an offense committed prior to the repeal, effective as of December 7, 2010.

(b)

Effective Date. This Chapter became effective December 7, 2010. Existing legal uses that may become nonconforming by adoption of this Chapter shall become legal nonconforming uses subject to the provisions of Section 20-4-70.

(Ord. 1110 §1, 2010)

(a)

All site development initiated on and after December 7, 2010, shall be reviewed pursuant to the review process and standards set forth in this Chapter. All site development submitted for review prior to December 7, 2010, shall be reviewed pursuant to the process and under the criteria set forth in the applicable portions of the land use regulations of the City in force prior to that date. Such prior regulations are continued in force and effect for that limited purpose only. Upon approval or denial of all such remaining applications, the prior regulation shall be deemed repealed. In no event shall any resubmission of an application after its rejection or any development application filed after the effective date of this Chapter be reviewed under any such prior regulations.

(b)

Those properties located with the R-5 and E-1 zone districts provided for in the prior land use regulations of the City shall continue to be so designated on the official zoning map and shall be governed by those portions of the land use regulations applicable to those two (2) zone districts until such time as said properties are rezoned by the City Council to one (1) of the zoning districts provided for in Article 4 of this Chapter. Such prior regulations with respect to the R-5 and E-1 zone districts are continued in force and effect for that limited purpose only. Upon rezoning of these affected properties to one (1) of the zoning districts set forth in Article 4 of this Chapter, such prior regulations shall be deemed repealed.

(Ord. 1110 §1, 2010)

(a)

If any provision of this Chapter is declared to be invalid by a decision of any court of competent jurisdiction, the effect of such decision shall be limited to that provision or provisions which are expressly stated in the decision to be invalid. Such decision shall not affect, impair or nullify the remainder of this Chapter as a whole or any part thereof, but the rest of this Chapter shall continue in full force and effect.

(b)

If the application of any provision of this Chapter to any parcel of land is declared to be invalid by a decision of any court of competent jurisdiction, the effect of such decision shall be limited to that parcel of land immediately involved in the controversy, action or proceeding in which the judgment or decree of invalidity was rendered, and such decision shall not affect, impair or nullify this Chapter as a whole or in the application of any provision thereof to any other parcel of land.

(Ord. 1110 §1, 2010)