The ordinance codified in chapters 17.04 through 17.72 shall be cited as the zoning ordinance of the city.

(Code 1962, § 25-1-101; Ord. No. 424-1973, § 1; Code 1977, § 17.04.010)

A.

In pursuance of the authority conferred by C.R.S. §§ 31-23-201 et seq. and 31-23-301 et seq., the Ordinance codified in chapters 17.04 through 17.72 is enacted for the purpose of promoting the health, safety, morals, convenience, order, prosperity and welfare of the present and future inhabitants of the city, by lessening congestion in the streets and roads; by securing safety from fire and other dangers; by providing adequate light and air; by avoiding undue congestion of population and facilitating the adequate provision of transportation, water, schools, sewerage and other public requirements through the classification of land uses and the distribution of land development and utilization; and by other means in accordance with a comprehensive development plan and the zoning map adopted in section 17.04.060.

B.

The city council and the planning commission declare that the ordinance codified in subsection A of this section is adopted for the following specific purposes:

1.

To promote coordinated and sound development, and to encourage innovation in residential development or renewal so that housing demands may be met by a greater variety in types and design of housing units; and

2.

To provide for higher quality in site and land planning, to conserve open space, and to provide more efficient and attractive use of open space.

(Code 1962, § 25-1-102; Ord. No. 424-1973, § 1; Code 1977, § 17.04.020)

A.

The provisions of this title may be regarded as the minimum requirements for the promotion of public health, safety, comfort, convenience, prosperity and general welfare. This title is not intended to interfere with, abrogate or annul any easements, covenants or agreements between parties; provided, however, that wherever this title proposes a greater restriction upon use of buildings or land or upon the location or height of buildings or structures, or requires larger open spaces about the structures than are imposed or required by other laws, ordinances, easements, covenants or agreements between parties, the provisions of this title shall govern.

B.

After the effective date of the ordinance codified in this section, no structure or premises shall be used or occupied, and no structure or portion thereof shall be erected, moved, constructed, reconstructed, extended, enlarged or altered contrary to the provisions of this title. No portion of a lot area, open space, off-street parking space or yard required about or in connection with any building for the purposes of complying with this title may be included as a portion of a lot area, open space, off-street parking area or yard similarly required for any other building or its use, except as provided under chapter 17.28.

(Code 1962, § 25-1-103; Ord. No. 424-1973, § 1; Code 1977, § 17.04.030)

The territorial jurisdiction of the Ordinance codified in chapters 17.04 through 17.72 of this title, pursuant to state statutes, shall include all land located within the legal boundaries of the city and, limited only to control with reference to a major street plan and not otherwise, shall also include all land lying within three miles of the corporate limits of the city and not located within any other municipality; except that, in the case of any of such nonmunicipal land lying within five miles of the city and another municipality, the jurisdiction of the city shall terminate at a boundary line equidistant from the respective corporate limits of the city.

(Code 1962, § 25-1-104; Ord. No. 424-1973, § 1; Ord. No. 485-1976, § 3; Code 1977, § 17.04.040)

The location and boundaries of the districts designated in chapter 17.12 of this title are established as shown on the map entitled "Zoning District Map of the City of Louisville," dated August 7, 1973, as amended from time to time, signed by the mayor and the city clerk, and hereafter referred to as the zoning map.

(Code 1962, § 25-1-105; Ord. No. 424-1973, § 1; Ord. No. 485-1976, § 2; Code 1977, § 17.04.050)

A.

The zoning map and all the notations thereon are made part of this title.

B.

The signed copy of the zoning map containing the zoning districts designated at the time of the adoption of the ordinance codified in chapters 17.04 through 17.52 shall be maintained without change on file in the office of the city clerk.

C.

Changes made in district boundaries or other matter portrayed on the official zoning map shall be made in accordance with the provisions of this title, and C.R.S. § 31-23-301 et seq. and amendments. Changes shall be entered on the official zoning map promptly after the amendment has been approved by the city council with an entry on the official zoning map. No amendment to this title which involves matter portrayed on the official zoning map shall become effective until after such change entries have been made on such map.

(Code 1962, § 25-1-105; Ord. No. 424-1973, § 1; Ord. No. 485-1976, § 2; Code 1977, § 17.04.060)

Unless otherwise specifically stated, the public notice requirements of this section apply to public hearings required by this title and as shown on the public notice chart in Table 1 and detailed in the following subsections:

Table 1: Public Notice Requirements

Footnotes:

(1)

Public facilities are: Louisville City Hall, Public Library, Police and Municipal Court Building, and the Recreation Center (City Council Resolution).

(a)

Mailed notice. At least 15 days prior to any public hearing which requires notification by mail, except a hearing on a variance request or a floodplain development permit, the city shall cause to be mailed a public notice to all properties within 750 feet of the subject property. At least 15 days prior to any hearing on a variance request or floodplain development permit, the city shall cause to be mailed a public notice to all properties within 500 feet of the subject property.

(b)

Posted notice. At least 15 days prior to any public hearing which requires a posted notice; the applicant shall post at least one and up to four city public notice sign(s) upon the parcel under consideration. The sign shall be posted facing each adjacent public or private right-of-way. The applicant shall place the signs on the property (near the property boundary) facing all public and private roadways, with a maximum of four signs. The applicant shall be responsible for checking the signs during the posting period. If a sign has been moved, been destroyed or fallen, the sign shall be replaced by the applicant. The planning and building safety department shall also post an electronic version of the public notice of each project on the city website 15 days prior to the public hearing. The fact that a parcel was not continuously posted, or that website posting was not continuous, the full period shall not, at the sole discretion of the hearing authority, constitute grounds for continuance where the applicant, or staff, can show that a good faith effort to meet this posting requirement was made. Within ten days after final city action on the application, the applicant shall remove the posted signs and return signs to the city.

(c)

Published notice. At least 15 days prior to any public hearing which requires published notice; the zoning administrator shall cause to be published in the legal section of a newspaper of general circulation within the city a notice of such public hearing. The notice shall specify the kind of action requested; the hearing authority; the time, date and location of hearing; and the location of the parcel under consideration. The applicant shall reimburse the city for the cost of publication of the notice of the hearing.

(Ord. No. 1647-2013, § 2, 12-3-2013; Ord. No. 1837-2022, §§ 5, 6, 8-16-2022; Ord. No. 1859-2023, § 2, 10-2-2023)

Editor's note— Ord. No. 1647-2013, § 2, adopted Dec. 3, 2013, repealed the former § 17.04.070, and enacted a new section as set out herein. The former § 17.04.070 pertained to similar subject matter and derived from Code 1977, § 17.04.070; and Ord. No. 784-1983, § 2.

On or before March 1, 1999, for the balance of 1999, and by January 1 of each year thereafter, the city manager shall by order establish the types, amounts and rates of all fees associated with the zoning application processes set forth in this title 17. The fees shall be set in amounts that will defray in whole or in part, but that will in no event exceed, the city's overall costs incurred to review, process and administer the type of zoning application for which the fees are charged.

(Ord. No. 1291-1998, § 5, 1-19-1999)