a.

Title. This title is known as the Greeley Development Code. References to "this code," "the development code," or "these regulations" shall be considered a reference to the Greeley Development Code.

b.

Authority. The development code is enacted pursuant to the purposes and authority granted by article XX of the Colorado Constitution and the city Charter, independent of and in addition to C.R.S., title 31, art. 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 This title also supersedes any state legislative enactments which are, by their terms, subject to being superseded by adopted home rule city charters or ordinances.

c.

Jurisdiction. The Greeley Development Code applies to all structures and land within the incorporated area of the City of Greeley, as depicted on the official zoning map, and other maps accompanying the city's plans and policies. 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.

d.

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

1.

Implement the comprehensive plan, and other plans and programs authorized under the guidance of the comprehensive plan.

2.

Promote the physical, social, and economic well-being of residents and businesses, the long-term value and viability of public investments, and individual property values by balancing the co-equal rights of property owners.

3.

Invest public funds effectively and efficiently, and in a manner that creates lasting value for the community.

4.

Promote planning and urban design that emphasizes distinct places and unique elements of community character throughout Greeley.

5.

Provide parks, trails, and civic spaces that help organize development around systems of connected open spaces and emphasize significant natural landscapes.

6.

Secure proper arrangement and design of streets to shape efficient development patterns, coordinate with existing and planned streets, create multi-modal networks, improve access and circulation, and support abutting land uses.

7.

Divide the city into zones and districts that promote the character and development patterns of distinct places identified in the comprehensive plan.

8.

Regulate and restrict the development and use of buildings and land within each zoning district to create a compatible scale and range of building types within districts, and to promote the appropriate transitions to adjacent property and to supporting districts.

9.

Provide a variety of housing opportunities for all residents and citizens.

10.

Secure adequate provisions for transportation, water, drainage, sanitary sewer facilities, utilities, and other public improvements in coordination with development.

11.

Protect the natural environment and conserve environmentally sensitive lands by directing new development into areas with few natural or environmental constraints and mitigating adverse impacts when developing in sensitive areas.

12.

Allow for the removal of minerals prior to development.

13.

Ensure fair consideration of development applications through clear and consistent procedures.

14.

Provide for coordinated development of Greeley consistent with established policies of the city.

e.

Severability.

1.

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.

2.

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.

3.

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.

f.

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

1.

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

2.

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.

3.

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 under the prior code as it existed on September 30, 2021. If no date is specified, the duration of the most applicable approval under this code shall be used. 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.

4.

Plats. Any approved preliminary plat may continue to advance to final plat according to the standards, procedures and time limits of the prior code. Each subsequent approval of a final plat for a phased project may renew the validity of that preliminary plat for the duration specified in section 24-203. However, a new preliminary plat shall be required subject to all provisions if:

(a)

The preliminary plat expires under the conditions of the prior approval or the duration specified for preliminary plats in section 24-203, whichever is sooner.

(b)

A major amendment is proposed to the preliminary plat.

(c)

Any final plat proposes a substantial change to the preliminary plat.

Final plats submitted after the effective date of this code shall meet all provisions of this code, to the extent it is consistent with the approved preliminary plat.

5.

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 regulation or the standards of this code.

(Ord. No. 34, 2021, § 2(app. A, § 2), 9-21-2021)

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.

2.

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

3.

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

4.

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 of the list to include other similar and non-mentioned examples.

5.

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

6.

When calculations to determine a requirement results in fraction of physical elements that cannot be divided (i.e., parking space, trees, dwelling units), 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.

7.

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

8

A reference to an administrative official shall refer to that official, or that official's designee, and all references to specific city officials may also include any other designee of the city manager.

9.

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, provided they remain consistent with the purposes, intent, and objectives included in these regulations.

10.

References to a person shall include individual, partnership, association, agency, corporation or other legal entity and the owners, tenants, occupants, principals, partners, officers, employees, agents and representatives of any legal entity.

b.

Conflicts. 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, the higher and more restrictive standard shall apply. In making a determination of which standard is higher and more restrictive, the official may consider which is more specific; which is more recent; 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.

Computations of time. The following rules apply to any computation of time, unless a specific section of these regulations indicates otherwise:

1.

The day of the act that commences a time period shall not be counted; for notice requirements the day of the hearing shall not be counted.

2.

The last day of the time period shall be included, unless it is a Saturday, Sunday or legal city holiday, in which case the next working day shall end the time period. In all other cases Saturday, Sunday or legal city holidays count in the time period.

3.

Whenever any time period is expressed for a formal submittal to the city, the time period shall end at midnight on the last day of that time period.

4.

Any time period expressed in years shall include a full calendar year from the act that commences the time period.

d.

Interpretation of zoning map. Where uncertainty exists with respect to any boundary on the zoning district map, the following rules shall apply:

1.

Boundaries approximately following streets or other rights-of-way or rivers or streams—the centerlines or extension of these centerlines shall be the boundaries.

2.

Boundaries indicated as approximately following property lines — the platted or other official legal line of that property shall be the boundaries, unless the property boundaries on the map have been substantially altered.

3.

Boundaries approximately following city limits shall be interpreted as following the actual city limits.

4.

Boundaries that split any platted lots — the lot shall be interpreted in the district designated to the majority of the lot. In the case of an equal split, the director shall determine the appropriate zoning based on consideration of the comprehensive plan, the context, the surrounding existing uses, and the likelihood of change in context or existing uses in the future.

5.

Boundaries that split any unplatted property — any future platting of property may generally follow the zoning boundary and then each resulting property may assume the zoning applicable to the majority of the resulting lot actual platted boundary, or where any resulting lots have significant discrepancies with zoning boundaries, rezoning may be required.

6.

Boundaries following a shoreline shall be interpreted to follow the shorelines and in the event of change in the shoreline, shall move with the actual shoreline.

e.

Non-regulatory provisions. Intent statements, design objectives, graphics, and commentary such as captions to graphics or notes in tables, are an aid to interpretation of the standards and criteria. In the event of any conflict between the intent statements, design objectives, graphics or commentary and a specific standard, the specific standard shall control.

f.

Resources, guides and industry standards. Resources, guides, and industry standards that are recognized as a reputable authority in the planning, development, and urban design professions, may be used to supplement interpretation of this code. The director shall make a determination on the applicability of a resource, guide or industry standard to a particular circumstance. These guides shall only be used to the extent that it clarifies or is more specific than the standards, and is consistent with the purposes, intent, and design objectives expressed in these regulations. These guides shall not be used to otherwise change or conflict with any specific standard in these regulations.

g.

Official interpretations. In cases where there is uncertainty how this code applies to potentially recurring situations, the director may make official interpretations.

1.

Filing. Official interpretations shall be documented and kept on file with the community development department, or otherwise made accessible to applicants facing similar circumstances.

2.

Criteria. In making an official interpretation, the director shall use the following criteria:

(a)

Sound professional planning and urban design principles.

(b)

The comprehensive plan and any specific plans or policies created under the comprehensive plan.

(c)

The purposes, intent, or design objectives applicable to this code and the specific chapter or sections related to the interpretation.

(d)

Any resources, guides, or industry standards applicable to the specific situation.

(e)

Based on the context of the street, block, site, or building, the interpretation is at least one reasonable way the standards could be applied.

(f)

Whether the same interpretation could be applied to all similarly situated property or circumstances, and meet these criteria; or whether any conditions or limitations are necessary to ensure it meets the criteria.

3.

Effect of decision. An approved official interpretation shall be effective upon approval by the director and may apply to all similar situations unless:

(a)

It is overruled or modified by a different official interpretation.

(b)

It is overruled by appeal as provided in these regulations.

(c)

It is amended or overruled by a text amendment to the section addressed by the statement.

(Ord. No. 34, 2021, § 2(app. A, § 2), 9-21-2021)

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 in order to coordinate any plans, policies, and programs that impact the comprehensive plan. The director shall specifically:

(a)

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

(b)

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

(c)

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

(d)

Make all final interpretations and any final administrative decision referred to the director under the procedures and standards of these regulations.

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 community development director under this code, as designated by the city manager.

c.

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 section 19-1 of the city 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.

d.

City council. The city 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 city council shall have the appeal authority and final decision authority referred to the city council under the procedures and standards of these regulations.

e.

Zoning board of appeals. In accordance with article XIX of the city Charter, the city council appoints the planning commission as the zoning board of appeals. The zoning board of appeals shall act in accordance with same rules and procedures as the planning commission but have the following specific authority under this code:

1.

Grant variances to the strict application of the standards in this code;

2.

Hear and decide appeals when an error is alleged in any final order or determination made by an administrative official in the interpretation or enforcement of this code;

3.

Consider any other matters referred to it under this code; and

4.

Otherwise act as the city's board of adjustments under the authority of C.R.S. § 31-23-307.

f.

Historic preservation commission. The historic preservation commission is established to have principal responsibility for matters of historic preservation, as specifically outlined in section 24-1003.

1.

Membership. The city council may appoint the historic preservation commission. The commission shall consist of seven members. The make-up of the commission shall be:

(a)

One architect, landscape architect, design professional and/or licensed contractor or building tradesperson;

(b)

One historian, archeologist and/or architectural historian;

(c)

One licensed real estate broker; and

(d)

Four citizens at large.

2.

Powers and duties. The historic preservation commission shall have the following powers and duties:

(a)

Recommend criteria and procedures for historic designation, recommend designation, or removal of specific properties or districts, and review proposals that impact designated properties as provided in section 24-1004.

(b)

Oversee surveys that document structures and assess conditions of potential historic properties and areas, and inform landowners of properties that may meet criteria for designation.

(c)

Review and make a decision on any application for altering, moving, or demolishing any designated properties.

(d)

Advise and assist owners of historic properties on physical and financial aspects of preservation, renovation, rehabilitation, and reuse, including nomination to the National Register of Historic Places.

(e)

Develop and assist in public education programs, such as walking tours, brochures, and a marker program for historic properties, lectures, and conferences.

(f)

Advise the city council on matters related to preserving the historic character of the city.

(g)

Assist in pursuing financial assistance for preservation-related programs.

(h)

Advise appropriate city departments on violations, enforcement and administration of section 24-1003.

(Ord. No. 34, 2021, § 2(app. A, § 2), 9-21-2021)

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 title 1, chapter 10 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 title 1, chapter 10 of this Code.

(Ord. No. 34, 2021, § 2(app. A, § 2), 9-21-2021)

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 reinforces nonconforming situations, and promote investment consistent with the comprehensive plan and these regulations.

b.

Nonconforming uses. Uses that were legally initiated prior to the adoption or amendment of this code, but which could not be 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, beyond any existing building or structure, or within any building or structure where any structural changes expand the exterior footprint of the building or structure. The director may consider an exception based on the following findings:

(a)

The enlargement of the structure or buildings is only to facilitate a conforming uses or activities, and does not otherwise allow, encourage or promote expansion or increase impacts of the nonconforming use;

(b)

The enlargement of the structure or buildings 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 of the structure or buildings complies will all applicable development standards.

2.

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

3.

Any change of use shall be to a conforming use, and at this time the nonconforming use shall be abandoned. The director may authorize a change to a lesser nonconforming use considering the extent, intensity, or operations of the use, provided it lessens impacts on adjacent property and it does not otherwise include investments that extend the period that the property is not conforming to this code.

4.

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

5.

Any new activity that triggers specific site design standards shall require full compliance with that site design standard in order for the nonconforming use to continue, and the presence of a nonconforming use shall not be used to justify noncompliance with other applicable standards.

6.

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

c.

Nonconforming structures. Structures 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 standards. This section shall not apply to signs, which shall address nonconforming situations as provided in chapter 9 of this title.

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 50 percent 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 50 percent of the replacement value.

2.

If damaged by 50 percent 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 the applicant's burden of proof that the cost of improvement or restoration is less than 50 percent 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.

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 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 more than 50 percent 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 100 percent compliance with all screening standards applicable to the site.

4.

Where any application for construction is greater than 50 percent 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.

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 Greeley, 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 administrative plat procedures with regard to any development activity or use of the nonconforming lot. The administrative 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 county clerk and recorder.

g.

Specific nonconforming situations. At the time 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. These rules shall be incorporated into the ordinance establishing a new zoning designation or creating the nonconforming situation, according to the applicable procedures of section 24-204 or 24-205. In these situations, the director or planning commission may recommend, and the city council may approve the following:

1.

Benign nonconformities. A determination may be made that the nonconformity has no negative effects on the long-term development within the 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.

2.

Removal of nonconformity. A determination may be made that the 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:

(a)

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;

(b)

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

(c)

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. No. 34, 2021, § 2(app. A, § 2), 9-21-2021)