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Loveland City Zoning Code

PART 1

Preliminaries

18.01.01.01 Title; Short Title
  • Title. This Chapter shall be known as the City of Loveland Unified Development Code
  • Short Title. This Chapter may also be referred to herein as “UDC” or “Code”.

    • Effective on: 11/20/2018

    18.01.01.02 General Purposes
  • Generally.
    1. The general purposes of this UDC are to combine the City’s zoning, subdivision, and annexation regulations into a unified code; to implement the City’s Comprehensive Plan and other adopted plans; and to advance the purposes stated herein.
    2. The regulations and zones, as herein set forth, which have been made in accordance with a comprehensive zoning study, are designed to promote public health, safety, and general welfare by:
      1. Promoting economic opportunity and activity, encouraging investment, and improving property values;
      2. Promoting a balance of land uses within the City, with high-quality livable neighborhoods, vibrant commercial areas, and a variety of civic, healthcare, educational, commercial, service, and industrial employment opportunities;
      3. Promoting good civic design and site layout;
      4. Promoting fiscally responsible investments in infrastructure and services;
      5. Providing for an interconnected multi-modal transportation system;
      6. Maintaining an appropriate level of service on City streets and regional thoroughfares;
      7. Lessening the risk of fire, flood, panic, and other dangers;
      8. Preventing unhealthy overcrowding of land;
      9. Allowing for a variety of housing types that meet market demands for a variety of lifestyles and price points;
      10. Promoting the conservation of energy, water, and environmental resources, and the use of renewable energy;
      11. Protecting the integrity of historic landmarks, buildings, and districts;
      12. Promoting physical compatibility among nearby land uses;
      13. Ensuring that adequate public facilities, services and infrastructure (including transportation, water, wastewater, schools, parks, public safety, and other public improvements) are in place to serve development when its impacts on those facilities, services and infrastructure are realized; and
      14. Ensuring that new development is accountable for its proportionate fair share of the cost of necessary facility construction and expansion.
  • Considerations. This UDC was created with reasonable consideration as to the character of each zone and its suitability for particular uses, with a view to conserving the value of buildings and land, and encouraging the most appropriate use of land throughout the City in accordance with the City’s Comprehensive Plan, other adopted plans, and engineering studies.
  • Application of Purpose Statements. Purpose statements in this UDC are intended to provide context for the standards of this UDC, and to provide assistance with interpretation of substantive requirements, if such interpretation is necessary. Purpose statements are not to be interpreted as independent criteria for development approvals.

    • Effective on: 11/20/2018

    18.01.01.03 Applicability
  • Generally.
    1. All development within the City is subject to this UDC, except:
      1. As may be specifically exempted herein; or
      2. As may be outside of the City’s regulatory jurisdiction.
    2. Development is a specifically defined term for the purposes of this UDC. Not all activities on land or within buildings or structures are considered development. See the definition of development for details.
  • Applicability to Publicly Owned Property. The provisions of this UDC are applicable not only to private persons, agencies, corporations and organizations, but also to all public agencies and organizations to the full extent that they may be enforceable under the United States Constitution and the Constitution and Statutes of the State of Colorado.
  • Protection of Commercial Mineral Deposits. No real property shall be zoned or rezoned, nor shall a variance to the application of this title be granted, which violates the provisions of C.R.S. § 34-1-301, et seq.
  • Exception for Emergencies. When the City Manager determines that because of an emergency, including but not limited to a declared disaster or other declared state of emergency, compliance with the normal procedures and requirements of this UDC would threaten life, safety, or property or have become impossible to perform, the Director may, after consultation with the City Manager, exempt land use activities of an applicant from requirements of this UDC only to the extent necessary to protect life, safety or property or to cure impossibility. The applicant shall complete any procedures or any improvements that would have been required if normal procedures had been followed as soon as reasonably practical after the emergency actions are taken or as directed by the Director.

    • Ord. 6446 §4, 12/15/2020

    Effective on: 12/29/2020

    18.01.02.01 Interpretation
  • A.
    Generally. As this UDC affects constitutionally protected rights, it has been written with an understanding of, and subject to, these rights, which are articulated in the Constitutions of the United States and the State of Colorado and interpreted by federal and state courts with jurisdiction in and over the City of Loveland.
  • B.
    Relationship to Policy and Land Use Plans. It is the City Council’s intent that this UDC provide for implementation over time of the policies that are set out in the Comprehensive Plan, as well as any specific area, transportation, or facility plans that may be adopted prior or subsequent to the adoption of this UDC. However, neither this UDC nor any amendments thereto may be challenged on the basis of any alleged inconsistency or nonconformity with any planning document.
  • C.
    Permits Issued in Conflict with UDC. Any permit issued in conflict with the provisions of this UDC shall be null and void and shall not be construed as waiving any provision of this UDC, unless such waiver is expressly authorized by variance or other comparable procedure set out herein. No oversight or dereliction of any office or employee of the City shall legalize, authorize, or excuse any violation of any provision of this UDC. No legal, vested, or equitable rights shall be acquired under any invalid zoning or building permit, certificate of occupancy, or license.
  • D.
    Basic Requirements. In their interpretation and application, the provisions of this UDC shall be regarded as the basic requirements for the protection of public health, safety, comfort, convenience, prosperity, and welfare. This UDC shall be liberally interpreted in order to further its underlying purposes.
  • E.
    Construction with Other Laws. Whenever any provision of this UDC or any provision of any other law, rule, contract, resolution, ordinance, or regulation of the City, County, state, or federal government contains certain standards covering the same subject matter, the interpretation that gives effect to all of the applicable laws controls. Generally, that means that the more restrictive requirements or higher standards control the decision.
  • F.
    Signs; Substitution of Noncommercial Speech for Commercial Speech. Notwithstanding anything contained in this UDC to the contrary, any sign erected pursuant to the provisions of this UDC or otherwise lawfully existing with a commercial message may, at the option of the owner, contain a noncommercial message in lieu of a commercial message. The noncommercial message may occupy the entire sign face or any portion thereof. The sign face may be changed from commercial to noncommercial messages, or from one noncommercial message to another, as frequently as desired by the owner of the sign, provided that:
    1. 1.
      The sign is not a prohibited sign or sign-type;
    2. 2.
      The frequency of message changes does not exceed the maximum frequency established by this UDC for electronic message centers; and
    3. 3.
      The size, height, setback, and other dimensional criteria contained in this UDC have been satisfied, or the sign structure is legally nonconforming.
  • G.
    Hyperlinks. This UDC may contain hyperlinks to referenced standards. The Director is authorized to update hyperlinks from time to time without further action by the City Council. The hyperlinks are provided for the convenience of the end-user, and City makes no representation as to whether hyperlinked materials that are hosted on domains that are outside of the City’s control are accurate or current.
  • H.
    Citations. Any reference to an extrinsic citation including but not limited to rules or provisions in the Colorado Revised Statutes, that are cited in the UDC shall be interpreted as a reference or citation to the most recently adopted document, rule, or provision except as where specifically set forth in the UDC.

    • Ord. 6636 §1, 09/05/2023

     

    Effective on: 9/19/2023

    18.01.02.02 Effect on Pending Applications
  • Generally. An application for approval of a site specific development plan, as well as the approval, conditional approval, or denial of approval of such plan, shall be governed only by the duly adopted laws and regulations in effect at the time the complete application is submitted. See C.R.S. § 24-68-102.5, Applications - Approval by Local Government.
  • Immediate Public Health and Safety Exception. The City may adopt a new or amended ordinance or regulation, when necessary, for the immediate preservation of public health and safety, and may enforce such ordinance or regulation in relation to applications pending at the time such ordinance or regulation is adopted. See C.R.S. § 24-68-102.5, Applications - Approval by Local Government.

    • Effective on: 11/20/2018

    18.01.02.03 Effect on Approvals and Permits that Pre-Date the Effective Date
  • Generally. Development that was approved by the City prior to the effective date of this UDC, but not completed as of the effective date, may be carried out within the scope of the development approval or permit, provided that the approval or permit is valid and has not lapsed. Work that is authorized by permits must be commenced during the period in which the permit is valid, and then diligently pursued to completion.
  • Duration of Development Approvals.
    1. Development approvals and permits that are valid on the effective date, but for which no further action has been taken with respect to permitting, construction, or establishment of a land use are valid until the earlier of:
      1. Their stated expiration date, which may be on the face of the permit or development approval, or within related documents such as development agreements or regulations in force on the date of the approval; or
      2. One year after the date of approval of a general development plan (“GDP”) or preliminary development plan (“PDP”), if the next step in the planned unit development process is not initiated before the anniversary date of the approval or an extension is approved by the Director.
      3. Three years after the date of approval of a site development plan (“SDP”), if no applications for related permits have been filed with the City before the third anniversary of the approval.
      4. Three years after the date of approval of a special review permit, if the special review use has not been established by the third anniversary of the approval.
      5. Three years after the effective date of this UDC for other approval types, except those set out in subsection B.2., below.
    2. Approved final plats and approved final development plans do not have expiration dates. However, property that is subject to a final development plan for which rights have not been vested may be rezoned by the City if no action is taken with respect to permitting, construction, or establishment of a land use for a period of three years after the date of approval.
    3. The Director may grant an extension of up to one year for the approvals and permits listed above for good cause shown, provided that a request for the extension is filed with the Director not less than 30 days prior to the expiration date of the approval or permit.
  • Scope of Approvals.
    1. This Section shall not be interpreted to confer rights upon an applicant that are not set out within the scope of a development approval or permit. For example, if building design standards are adopted after a site plan is approved, but before any other applications are filed, then they may be applied to subsequent building permits because they are outside of the scope of site plan approval.
    2. The standards of this UDC apply to planned unit developments unless the Director finds that the approved planned unit development documents include standards addressing the same item, and the planned unit development approval is vested.
  • Conditions of Prior Approvals or Permits. All conditions of development approvals or permits that were granted or issued prior to the effective date remain in force according to their own terms, regardless of the standards or requirements of this UDC. Conditions of approval may be modified or eliminated pursuant to Division 18.17.15, Administrative Variations, Design Flexibility, Reasonable Accommodations, Height Exceptions, and Variances, or upon periodic review if the condition of approval required periodic review.
  • Effect of Termination of Approval. Approvals that terminate pursuant to this Section become void on the date of termination, and no further development approvals or permits may be issued in reliance upon them. No application for an extension or modification of an approval or permit will be accepted after termination of the approval or permit for which extension or modification is sought.

    • Effective on: 11/20/2018

    18.01.02.04 Effect on Development, Annexation, and Improvement Agreements
    This UDC does not affect existing development agreements, improvement agreements, or annexation agreements, except as may be provided therein or by applicable state or federal law.

    Effective on: 11/20/2018

    18.01.02.05 Effect on Special Review Approvals
  • Generally. Property that is subject to an approved special review that was submitted or approved prior to the effective date of this UDC may be developed in accordance with the approved special review plan. The approved special review plan shall be considered a site development plan for an adaptable use.
  • Amendment to an Existing Special Review Plan. Minor amendments (administrative variations) complying with the thresholds in subsection D. of Section 18.17.15.01, Administrative Variations, shall be processed in accordance with a Track 1 Decision-Making Track. Major amendments that exceed the thresholds in subsection D. of Section 18.17.15.01, Administrative Variations, shall be processed as a new adaptable use.

    • Effective on: 11/20/2018

    18.01.02.06 Effect on Flexible Overlay Zones
  • Generally. Property that is subject to a Flexible Overlay Zone that was approved prior to the effective date of this UDC may be developed in accordance with the approved plan as provided in this Section. No new Flexible Overlay Zones shall be established.
  • Minor Amendments. A flexible overlay plan may be amended administratively if the Director determines that the proposed amendment meets the criteria of this subsection. Where these criteria have been met, the amendment shall be considered minor and the Director shall have the authority to approve, approve with conditions, or deny the proposed amendment:
    1. The boundaries of the flexible overlay zone would not expand;
    2. The amendment would not allow new uses;
    3. The amendment would not allow a change in development density or intensity greater than 20 percent;
    4. The amendment would not alter a condition approved by City Council; and
    5. The amendment would not create material negative impacts on adjacent property owners or other owners of property within the Flexible Overlay Zone.
  • Major Amendments. Amendments exceeding the thresholds in subsection B., above, shall require rezoning to an appropriate zone that is listed in Section 18.02.02.01, Zones Established.

    • Effective on: 11/20/2018

    18.01.02.07 Effect on Existing Violations
  • Generally. Any violation of the previous versions of the UDC or sections of the City of Loveland Municipal Code that were repealed and replaced upon adoption of this UDC shall be treated as follows:
    1. If a violation occurred prior to the effective date and continued past the effective date, then the City may pursue remedies for each day of violation, based on the UDC or municipal code sections that were in effect on each day that the violation occurred.
    2. If a violation occurred prior to the effective date, but the same activity is no longer a violation after the effective date, then the City may pursue remedies for each day of the violation, based on the UDC or municipal code sections that were in effect on each day prior to the effective date during which the violation occurred.
  • Fines and Penalties. Payment of fines shall be required for any civil penalty assessed prior to the effective date (under the previous versions of the UDC or City of Loveland Municipal Code), even if the original violation is no longer considered a violation under this UDC.

    • Effective on: 11/20/2018

    18.01.02.08 No Effect on Existing Easements, Covenants, or Agreements
  • Generally. This UDC is not intended to abrogate or annul any easement, covenant, or any other agreement related to the use or development of land if the easement, covenant, or agreement pre-dates the effective date.
  • No Effect on Private Restrictions.
    1. Generally. The UDC does not change or override private restrictions on property. The UDC will be enforced on property that is subject to private restrictions in the same manner as other properties.
    2. No Duty to Search for Private Restrictions. The City has no duty to search for the existence of private restrictions on property. In the review of applications pursuant to this UDC, the City will enforce only its own regulations and agreements to which it is a party or has an interest.
    3. No Duty to Interpret Private Restrictions.
      1. The City will not interpret or apply private restrictions unless:
        1. It is a party to them; and
        2. As a party, the County determines that interpretation is necessary.
      2. When the City zones or rezones property or otherwise issues a development approval, such action shall not be considered an interpretation regarding existing private restrictions to which the City is not a party.
      3. Parties to private covenants who seek permits or development approvals from the City that are inconsistent with their private covenants do so at their own risk that the covenants may be enforced by other private parties who may have standing to file suit.
    4. No Duty to Enforce Private Restrictions. The City will not generally seek to enforce private restrictions. The City may become involved in the enforcement of private restrictions only if:
      1. The City is a party to or has an explicit right of enforcement set out in the restrictions; or
        the City Council or City Manager determines that enforcement is in the interest of the City as a whole; and
      2. The City finds that it is likely to have legal standing to enforce the private restrictions.

    • Effective on: 11/20/2018

    18.01.02.09 Severability
  • Generally. It is the legislative intent of the City Council that provisions of this UDC and subsequent amendments (unless otherwise set out in the adopting ordinance for said amendments) shall be severable in accordance with the provisions set out in this Section.
  • Severability of UDC Provisions, Except Signs. If any chapter, division, section, subsection, paragraph, clause, provision, or portion of this UDC is held unconstitutional or invalid by a court of competent jurisdiction, the remainder of this UDC shall not be affected, and shall continue in full force and effect unless and until the City Council acts to modify the UDC or part thereof. If any application of this UDC to a particular building, use, structure, improvement, land, or water is adjudicated as unconstitutional or invalid by a court of competent jurisdiction, such judgment shall not be applicable to any other building, use, structure, improvement, land, or water that is not specifically included in said judgment.
  • Severability of UDC Provisions Regarding Signs. With respect to Division 18.04.08, Signs, the following severability provisions shall apply instead of those set out in Subsection B., above:
    1. Generally. If any section, subsection, paragraph, clause, provision, or portion of Division 18.04.08, Signs, or any other provision of this UDC that is related to signage (collectively “Sign Regulations”), is declared unconstitutional by judgment or decree of a court, then the declaration of such unconstitutionality shall not affect any other Sign Regulation, even if such severability would result in a situation where there would be less speech, whether by subjecting previously exempt signs to permitting or otherwise.
    2. Severability of Provisions Pertaining to Prohibited Signs and Sign Elements. It is the intent of the City Council to ensure that the sign types and sign elements that may be constitutionally prohibited by the Sign Regulations continue to be prohibited. Accordingly, without diminishing or limiting in any way the declarations of intent with respect to subsection C.1., above, if any Sign Regulation related to prohibited signs and sign elements is declared unconstitutional by judgment or decree of a court, the declaration of such unconstitutionality shall not affect any other Sign Regulation that pertains to prohibited signs or sign elements.
    3. Severability of Provisions if Adjudicated Stricken Due to a Content-Basis. If any Sign Regulation is declared unconstitutional by judgment or decree of a court on the basis that said Sign Regulation is content-based and does not survive strict scrutiny review, then it is the intent of the City Council that only that portion of the provision that is found to be unconstitutional be severed from this UDC, and if it is not possible for the court to strike only the portion of the provision that is found to be unconstitutionally content-based, then it is the intent of the City Council that all signs that would be subject to the stricken provision will instead be subject to the next surviving provision for a sign of comparable geometry and character that is more restrictive than the stricken provision in terms of sign area, and if the sign area is the same, sign height.

    • Effective on: 11/20/2018