The regulations of this development code shall be officially known and cited as the "Longmont Land Development Code," although it may be referred to hereafter as the "development code."

(Code 2009, § 15.01.010)

This development code is enacted under the city Charter and the powers granted and limitations imposed on municipalities by the constitution and laws of the state, including, without limitation, the Local Government Land Use Control Enabling Act of 1974 (C.R.S. § 29-20-101 et seq.).

(Code 2009, § 15.01.020)

The regulations of this development code are intended to implement the comprehensive plan and the community quality of life benchmarks, as amended, and more specifically are intended to:

1.

Preserve a safe, healthy and adaptable community by:

a.

Promoting the public health, safety, convenience, comfort, prosperity, and general welfare;

b.

Securing the safety of persons and property from fire, flood, and other dangers, and to secure adequate open spaces for light, air, and amenity; and

c.

Managing overall community growth, including population and employment growth, to benefit the community and to encourage fiscally efficient and orderly development.

2.

Protect private property rights as guaranteed by the state and United States Constitutions.

3.

Conserve and enhance the architecture, history, pedestrian orientation, mixed-use, and character of the city's downtown and main street.

4.

Provide and maintain livable centers, corridors, and neighborhoods by:

a.

Conserving and stabilizing property values through appropriate land uses;

b.

Improving the aesthetics and design of all primary entrance corridors (gateways) to the city;

c.

Conserving and enhancing the character of the city's older, established residential neighborhoods through mitigation of adverse factors, promotion of a balanced mix of housing types, and through appropriately scaled and planned infill development; and

d.

Encouraging innovative and quality residential development so that growing demand for housing may be met by greater variety in type, design, and layout of dwellings, and by conservation and more efficient use of open space ancillary to such dwellings.

5.

Provide for responsible stewardship of the city's resources by:

a.

Preserving and protecting existing trees and vegetation, agricultural lands, floodplains, stream corridors, wildlife habitats and corridors, wetlands, lakes and other water bodies, scenic views, and other areas of environmental significance from adverse impacts of development;

b.

Promoting environmental quality as a critical element in the city's quality of life and encourage the wise use of natural resources, including energy and water conservation and reduction of wastes;

c.

Facilitating the efficient provision of adequate public facilities such as transportation, water, sewage disposal, drainage, electricity, public schools, parks, and other public services;

d.

Encouraging innovative and quality development that preserves and protects the character of the community, including its natural landscape, and that minimizes adverse impacts of such development, especially when adjacent to residential uses; and

e.

Encouraging a balance of uses and development in the community so that future growth occurs in a fiscally prudent manner.

6.

Provide a complete, balanced, and connected transportation system by:

a.

Coordinating transportation and land use planning, including the evaluation of transportation impacts from proposed development, to provide a safe and efficient transportation system in the city and to improve air quality;

b.

Minimizing congestion in travel and transportation, reduce community dependence on automobile travel, encourage trip consolidation, and facilitate development of alternative modes of transportation consistent with the multi-modal transportation plan; and

c.

Encouraging pedestrian and vehicular connections between residential neighborhoods and surrounding employment and shopping centers and community facilities such as parks and schools.

Code 2009, § 15.01.030)

A.

Generally. This development code shall apply to:

1.

All land and land development, including the subdivision of land, within the incorporated areas of the city;

2.

Use of all structures and land within the incorporated areas of the city; and

3.

All structures and land owned by the city or by city agencies, departments, districts, or utilities within the incorporated areas of the city. In addition, this development code shall apply to all structures and land owned by other governmental entities (e.g., state and federal), to the extent allowed by law, and to special or metropolitan districts and public utilities within the incorporated areas of the city.

B.

Exception for emergencies. When the director determines that, because of an emergency, compliance with the normal procedures and requirements of this development code would threaten life, safety, or property, the director may exempt land use activities of the city or any city agency, department, district, or utility responsible for the facility involved in the emergency from this development code. The city or agency shall complete any improvements or revegetation that would have been required if normal procedures had been followed as soon as reasonably practicable after the necessary emergency actions are taken.

C.

Administrative manual and submittal requirements.

(1)

The director shall promulgate, and amend as necessary, an administrative manual specifying submittal requirements and signature certification blocks for development applications under this development code, in order to ensure that the director receives sufficient information to evaluate an application and sufficient authorization by relevant parties to ensure that any city approval or condition of approval is effective and binding.

(2)

The submittal requirements in this administrative manual shall be considered the minimum information the applicant must submit in order for a review procedure to begin. The applicant may need to submit additional information in order to demonstrate satisfaction of the applicable review criteria. The director also may waive or adjust any of the submittal requirements at a pre-application conference with the applicant conducted prior to formal application submittal, if such requirements are unnecessary to demonstrate satisfaction of the applicable review criteria.

(Code 2009, § 15.01.040)

A.

Minimum standards. In their interpretation and application, the provisions of this development code shall be held to be minimum requirements necessary for the promotion of the public health, safety, and general welfare.

B.

Compliance—Subdivision, use, or occupancy. No building, structure, or land shall be developed, subdivided, used, or occupied, and no building or structure or portion thereof shall be erected, moved, constructed, reconstructed, extended, enlarged, or altered contrary to this development code. No land shall be conveyed or developed until a plat has been approved, except as specifically exempted, under the provisions of this development code.

Site plans may be approved and building permits may be issued for legally existing unplatted parcels with the same legal description as created prior to April 1967, except as required by the subdivision and improvement standards in chapter 15.07. Parcels created after April 1, 1967, shall be part of an approved subdivision plat to receive site plan or development plan approval.

C.

Compliance—Multiple use of space prohibited. No part of a setback or other open space or off-street parking or loading space required about or in connection with any building, for the purpose of complying with this development code, shall be included as part of a setback, open space, or off-street parking or loading space similarly required for any other building, except as allowed in an approved and current planned unit development (PUD) or through a joint use (shared) parking agreement.

D.

Compliance—Future reduction or creation of lots and yards. No setback or lot existing at the time of the effective date of the ordinance from which this development code is derived shall be further reduced in dimensions or area below the minimum requirements stated in this development code, unless a variance is approved. Setbacks or lots created after the effective date of the ordinance from which this development code is derived shall meet at least the minimum requirements established by this development code.

E.

Nonconforming uses, structures, lots, signs, and other site features. See chapter 15.08 of this development code for regulations regarding nonconforming uses, structures, lots, signs, and other site features.

(Code 2009, § 15.01.050)

A.

Official zoning map. The location and boundaries of the zoning districts designated in chapter 15.03 of this development code are established as shown on the map entitled "Zoning District Map of the City of Longmont, Colorado" and referred to as the official zoning map, as it may from time to time be revised, updated, or redrafted. The official zoning map shall be that map bearing the most recent date of publication.

B.

Zoning map adopted. The official zoning map, as published upon adoption of the ordinance from which this development code is derived, and as amended and republished upon any amendment, is adopted and declared a part of this development code.

C.

Interpretation of official zoning map boundaries. In the event of uncertainty, unless otherwise specified, district boundaries shown on the official zoning map shall be on section lines, lot lines, the centerlines of highways, streets, alleys, railroad rights-of way, or such lines extended; municipal corporation lines; natural boundary lines, such as streams; or other lines to be determined by the use of scales shown on the map.

D.

Map—Amendment upon zoning establishment or modification. As soon as practicable after approval and recordation of any ordinance annexing and establishing zoning or modifying existing zoning for any property, the planning and development services department shall revise the official zoning map to include the annexed or rezoned area.

E.

Map—Availability for public inspection. The official zoning map shall be available and on display at the planning and development services department during normal city business hours.

F.

Zoning required upon annexation. No annexation of property to the city shall become final until the property is assigned a zoning classification.

(Code 2009, § 15.01.060)

A.

Meaning and intent. All provisions, terms, phrases, and expressions contained in this development code shall be construed according to this development code's stated purpose and intent.

B.

Text controls. In case of any difference of meaning or implication between the text of this development code and any heading, drawing, table, or figure, the text shall control.

C.

Lists and examples. Unless otherwise specifically indicated, lists of items or examples that use terms such as "for example," "including," and "such as," or similar language are intended to provide examples and shall not be interpreted as exhaustive lists of all possibilities.

D.

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.

E.

Delegation of authority. Whenever this development code requires the head of a department or division, or another officer or employee of the city to perform an act or duty, the department/division head or officer may delegate the responsibility to subordinates, unless this development code specifies otherwise.

F.

Technical and non-technical words. Words and phrases not otherwise defined in this development code shall be construed according to the common and approved usage of the language according to section 1.04.020, but technical words and phrases not otherwise defined in this development code that may have acquired a particular and appropriate meaning in law shall be construed and understood according to such meaning.

G.

Public officials and agencies. All public officials, bodies, and agencies to which references are made are those of the city, unless otherwise indicated.

H.

Mandatory and discretionary terms. The terms "shall," "must," or "will" are always mandatory, and the terms "may" or "should" are always discretionary.

I.

Conjunctions. Unless the context clearly suggests the contrary, conjunctions shall be interpreted as follows:

1.

"And" indicates that all connected items, conditions, provisions, or events shall apply; and

2.

"Or" indicates that one or more of the connected items, conditions, provisions, or events shall apply.

J.

Tense and usage. Words used in one tense (past, present, or future) include all other tenses, unless the context clearly indicates the contrary. The singular shall include the plural, and the plural shall include the singular.

K.

Gender. Terms of gender shall include all genders.

(Code 2009, § 15.01.070)

A.

Conflict with state or federal regulations. If the provisions of this development code are inconsistent with those of the state or federal governments, the more restrictive provision will control, to the extent permitted by law.

B.

Conflict with other city regulations. If the provisions of this development code are inconsistent with one another, or if they conflict with provisions found in other adopted codes, ordinances, or regulations of the city, the more restrictive provision will control unless otherwise expressly stated.

C.

Conflict with private agreements. It is not the intent of this development code to interfere with, abrogate, annul, or prevent the private enforcement of any easement, covenant, deed restriction, or other agreement between private parties. The provisions of this development code are in addition to, and not in lieu of, any restriction imposed by a private agreement. Private agreements, however, cannot and do not preclude compliance with requirements of this development code. The city is not responsible for monitoring or enforcing private agreements.

(Code 2009, § 15.01.080)

This section addresses the applicability of new substantive standards enacted by this development code to activities, actions, and other matters that are pending or occurring as of the effective date of the ordinance from which this development code is derived.

A.

Effective date of code. The effective date of the ordinance from which this development code is derived is September 1, 2018.

B.

Violations continue. Any violation of the previous land development (zoning or subdivision) regulations of the city shall continue to be a violation under this development code and shall be subject to the enforcement and penalties stated in chapter 15.09, unless the use, development, construction, or other activity is clearly consistent with the express terms of this development code.

C.

Completion of development commenced or approved under previous codes, buildings or developments with previously issued building permits.

1.

Any building or development granted a building permit before the effective date of the ordinance from which this development code is derived may proceed to construction even if such building or development does not conform to this development code.

2.

If the construction has not begun or been substantially completed, or the intended use not established within the time allowed under the permit, or within any extension granted, then the building or development shall be constructed, completed, used, and occupied only in compliance with the requirements of this development code. Any extension granted by the director shall not exceed six months and shall be for good cause shown. For purposes of this section, good cause shall include development delays that are unavoidable due to forces beyond the permit applicant's control, such as weather or widespread labor or materials shortages.

a.

Developments with preliminary or final approval. A development for which preliminary or final approval (excluding concept plan and conveyance plat approval) was granted before the effective date of the ordinance from which this development code is derived may be completed according to the approved plat or plan even if such development does not conform to the provisions of this development code, subject to the following provisions:

i.

For developments that have received preliminary approval, a complete application for the final plat or final plan must be submitted within one year of the decision-making body's preliminary approval but no later than December 31, 2018, unless the director determines a longer timeframe is necessary for good cause shown, or the preliminary approval has a vested property right effective for a longer period. The city shall take final action on such complete application within the timeframes specified in the previous code, but no later than one year after the effective date of the ordinance from which this development code is derived, unless the preliminary approval has a vested right effective for more than one year after the effective date of this development code, or the director determines a longer timeframe is necessary to review the application.

If the preliminary approval has a vested property right effective for more than one year from the date of preliminary approval, a complete application must be submitted prior to the expiration of the vested right. The city shall take final action on such complete application within the timeframes specified in the previous code, unless the director determines a longer timeframe is necessary to review the application.

ii.

Approval of a final subdivision plat does not exempt the property from subsequent site plan review, if necessary, for development of any portion of the plat. Subsequent site plans shall comply with the standards in effect at the time a complete application for plan review is submitted.

iii.

Developments that do not require plan review and that are not otherwise exempt shall comply with the development and design standards in chapter 15.05 as applicable.

b.

Developments with applications for approval pending. An applicant that has submitted a complete application for a preliminary subdivision plat (excluding conveyance plats), overall development plan, site plan, conditional use, building permit, or any other type of approval (excluding concept plans), but where the decision-making body has not taken final action on such application before the effective date of the ordinance from which this development code is derived, may choose to have the standards and procedures of this development code apply to the application. Alternately, the applicant may choose to have the complete application reviewed under the previous code in effect, subject to the following provisions:

i.

Such complete application shall receive final city approval within the timeframes specified in the previous code, but no later than six months after the effective date of the ordinance from which this development code is derived, unless the director determines a longer timeframe is necessary to review the application.

ii.

Approval of a preliminary or final subdivision plat does not exempt the property from subsequent site plan review, if necessary, for development of any portion of the plat. Subsequent site plans shall comply with the standards in effect at the time a complete application for site plan review is submitted.

iii.

Developments, such as one-family dwellings, that do not require site plan review shall comply with the development and design standards in chapter 15.05, as applicable.

c.

Applicability of chapter 15.08. Developments that are completed pursuant to the standards in previous codes, as permitted by this section, are subject to all applicable provisions related to nonconforming uses, structures, lots, signs, and other site features stated in chapter 15.08.

(Code 2009, § 15.01.090)