Effective on: 1/1/1901

(Ord. 6326 §7, 08/20/2019)

1. Generally. The application of new regulations to existing development may create circumstances in which existing lot dimensions, density, intensity, land uses, buildings, structures, landscaping and buffering, lighting, parking areas, or signs do not strictly conform to the requirements of the new regulations. For existing lots or development (including uses, buildings, structures, and signs) that are legally nonconforming to the standards in the UDC, this Chapter sets out equitable rules for whether, when, and how the regulations of this UDC apply.
2. Conversion of Nonconformities. Generally, nonconforming uses, buildings, structures, and signs are not allowed to be enlarged, expanded, increased, nor be used as grounds for adding other structures or uses that are now prohibited in the same zone. This Chapter provides standards by which nonconforming uses can be made conforming through a public hearing process.
3. Reduction of Nonconformities. It is the policy of the City to encourage reinvestments in property that increase its value and utility and reduce its external impacts. Since bringing a developed property into full compliance with this UDC may involve substantial costs that may discourage reinvestment, this Chapter provides certain thresholds and priorities for determining when new construction or modifications to development implicate a requirement for increasing conformity with the various requirements of this UDC.

Effective on: 11/20/2018

1. Generally. This Chapter applies to uses, buildings, structures, landscaping, buffering, signs, lighting, parking, density, and lots that were:
   1. Lawfully established, constructed, installed, platted, or created prior to the effective date, but do not conform to the requirements of, this UDC; or
   2. Lawfully established, constructed, installed, platted, or created in one zone, but no longer conform to the requirements of this UDC after the subject property is rezoned.
2. Effect of Chapter. Nothing in this Chapter shall be interpreted to require a change in plans, construction, or designated use of any building in which a building permit was lawfully obtained from the City prior to the effective date of this UDC or subsequent amendment, provided that construction:
   1. Was commenced before the expiration of the building permit; and
   2. Work is proceeding diligently toward completion.
3. Changes of Ownership. Nothing in this Chapter shall be construed to affect or restrict changes in ownership, nor shall changes in ownership affect the application of any of the requirements of this Chapter.
4. Evidence of Status. Evidence that a nonconforming situation is a legal nonconformity and not a violation of this UDC shall be submitted by the owner of the property or use upon request of the Director.
5. Exceptions to Chapter.
   1. R1e, R1, R2, R3e, and R3 Zones. Lots of record within the R1e, R1, R2, R3e, and R3 zones regardless of their size, and existing buildings on said lots of record, are deemed to be conforming lots and conforming buildings, respectively. To the extent they are used for single-family detached residential purposes, they are also deemed to be conforming density.
   2. DT Zone. Lots of record within the DT zone, regardless of their size, and existing buildings on said lots of record, and existing uses in said buildings, are deemed to be conforming lots, conforming buildings, and conforming uses, respectively.
   3. Partitions. Lots that are created by judicial partition are deemed to be conforming lots.
   4. Vested Rights. This Chapter does not apply to site-specific development plans for which rights are vested, during the period of vested rights.
   5. Natural Shifts of Zone Boundaries. If a zone boundary changes as a result of a change in location of a river, stream, or ditch channel centerline, other natural boundary-defining feature, or street, such change of zone boundary does not render existing development nonconforming.
   6. Taking for Public Use. Any nonconforming building, structure, parking, or lot that is expressly created or caused by a conveyance of privately-owned land to a Federal, State, or local government to serve a public purpose is conforming for the purposes of this UDC, and is not subject to limitations in this Chapter. This exemption applies in cases where private land is obtained by a governmental entity for a public purpose, through condemnation, threat of condemnation, or otherwise, when that transaction would otherwise create a nonconformity in the remainder parcel in terms of setback, lot area, or other standards of this UDC. However, this exemption does not apply to right-of-way dedication or other public conveyances of land required by the City in the course of subdivision, site plan, or other development approvals.
6. Unlawful Uses, Buildings, or Structures. This Chapter does not allow for the perpetuation of unlawful development. Such development is not legally nonconforming, but instead, unlawful, and is subject to all of the provisions of this UDC (including enforcement provisions) and any other applicable law.

Effective on: 11/20/2018

Subject to the provisions of this Chapter, a nonconforming use may be continued and maintained in reasonable repair, and may be expanded, cumulatively, by up 25 percent of its footprint on the effective date of this UDC, provided that such expansion does not create additional physical nonconformity. For the purposes of this Section, the extension of a nonconforming use to a portion of an existing building or structure that was designed and constructed for the nonconforming use at the time of adoption of this UDC is not an extension of a nonconforming use.

Effective on: 11/20/2018

If a nonconforming use is changed to a different use, the new use shall be a use that conforms to the regulations of the zone in which the use is located. After such change, all future use of the subject property shall comply with applicable use-related provisions of this UDC.

Effective on: 11/20/2018

1. Nonconforming Uses that Involve Buildings or Structures. If a nonconforming use involving a building or structure is discontinued from use for a period of 12 months, further use of the subject property shall conform to the requirements of this UDC.
2. Nonconforming Uses that Do Not Involve Buildings or Structures. If a nonconforming use not involving a building or structure is discontinued for a period of six months, further use of the subject property shall conform to the requirements of this UDC.

Effective on: 11/20/2018

1. Generally. In many instances, nonconforming uses may be integral parts of the City’s fabric, that is, its character and function, so their continuing existence promotes the City’s policy of retaining existing businesses or protecting its character and neighborhoods. In these instances, the classification nonconforming use and resulting restriction on investment may not be what the community desires. As such, a nonconforming use may be made conforming pursuant to this Section in order to remove the potential stigma associated with the nonconforming designation.
2. Limitation. Unlawful uses may not be made conforming under this Section.
3. Conversion by Conditional Use Approval; Standards. A conditional use approval may be granted to make a nonconforming use conforming, if:
   1. The criteria for approval of a conditional use set forth in Section 18.02.04.13, General Standards for Conditional Uses, are met; and
   2. The use has minimal nonconformities and has been integrated into the function of its surrounding neighborhood or zone, as evidenced by the following:
      1. Nearby City residents regularly patronize the use or are employed by the use (for nonresidential uses in or abutting residential neighborhoods).
      2. Management practices eliminate nuisances such as:
         1. Spillover of noise or light;
         2. Odors and appearance of waste materials and litter;
         3. Unreasonably congested on-street parking; or
         4. Comparable conflicts with abutting and nearby properties.
      3. There is no material history of complaints about the use (a history of complaints is justification for denying the conditional use permit, unless the conditions of the permit will eliminate the sources of the complaints).
      4. If the use is nonresidential, it is licensed in accordance with the applicable ordinances of the City.
      5. The use has been maintained in good condition and its classification as a nonconforming use would be a disincentive for such maintenance.
4. Conditions. Conditions may be imposed relative to physical conditions or operations (including limitations on future expansion), that the Planning Commission determines are necessary to ensure that, as a conforming use, the use will not become a nuisance. Such conditions may include, but are not limited to, changes or upgrades to infrastructure, buildings, structures, lighting, landscaping, parking, drainage, or hours of operation of the use.
5. Effect of Approval. Uses that comply with the terms of a conditional use approval that is issued in accordance with this Section are converted from legally nonconforming uses to conforming uses by virtue of the issuance of the conditional use permit, and subject to its terms. Conditional use approvals shall be provided to the Applicant in writing and may be recorded by the Applicant at the Applicant’s expense.
6. Effect of Denial. If an application for conversion of a nonconforming use is denied, the use shall thereafter retain its status as a nonconforming use.

Effective on: 11/20/2018

A building or structure (other than a sign) that is located on a subject property that is conforming as to use, but is nonconforming as to height, setback, or coverage, may be altered or extended, provided that the alteration or extension does not result in a further violation of this UDC or applicable Building Codes.

Effective on: 11/20/2018

1. Cost of Repair is 50 Percent or More of Appraised Value. If a nonconforming building or structure is damaged to the extent that the cost of repair is 50 percent or more of the appraised value of the subject property (including the building or structure) for ad valorem tax purposes, then future construction on the subject property shall conform to the requirements of this UDC.
2. Cost of Repair is Less than 50 Percent of Appraised Value. If a nonconforming building or structure is damaged to the extent that the cost of repair is less than 50 percent of the appraised value of the subject property (including the building or structure) for ad valorem tax purposes, then restoration is allowed, provided that it is commenced within 18 months after the damage, and completed within 36 months after commencement.

Effective on: 11/20/2018

1. Generally. In many instances, nonconforming buildings or structures may be integral parts of the City’s fabric, that is, its character and function, so their continuing existence promotes the City’s policy of retaining existing businesses or protecting its character and neighborhoods. In these instances, the classification nonconforming building or structure and resulting restriction on investment may not be what the community desires. As such, a nonconforming building or structure may be made conforming pursuant to this Section in order to remove the potential stigma associated with the nonconforming designation.
2. Limitation. This Section does not apply to nonconformities involving the Building Code.
3. Administrative Conversions. A nonconforming building may be made conforming using Section 18.17.15.01, Administrative Variations; or Section 18.17.15.05, Reasonable Accommodations for Persons with Disabilities.
4. Public Hearing Conversions. A nonconforming building or structure may be made conforming using Section 18.17.15.07, Variances.
5. Conditions. Conditions may be imposed relative to physical conditions (including limitations on future building or structure expansion), that the decision-maker determines are necessary to ensure that, as a conforming building or structure, the building or structure will not become a nuisance. Such conditions may include, but are not limited to, changes or upgrades to infrastructure, buildings, structures, lighting, landscaping, parking, or drainage.
6. Effect of Approval. Buildings or structures that are approved as provided in subsection C. or D., above, are converted from legally nonconforming buildings or structures to conforming buildings or structures by virtue of the issuance of the approval, subject to its terms. Such approvals shall be provided to the Applicant in writing and may be recorded by the Applicant at the Applicant’s expense.
7. Effect of Denial. If an application for conversion of a nonconforming building or structure is denied, the building or structure shall thereafter retain its status as a nonconforming building or structure.

Effective on: 11/20/2018

1. Generally. The standards of this Division shall apply to nonconforming signs.
2. Determination of Nonconformity. Signs erected before January 1, 1987 are not presumed to be illegal merely because a sign permit is not on file with the City. Other factors, including the size, setback, height and applicable regulations on the date of erection or installation of the sign will be considered in determining whether or not a sign was illegal when erected or installed.
3. Minor Sign Area or Height Nonconformities. Any existing nonconforming sign for which a sign permit has been issued pursuant to a previously adopted code, excluding prohibited signs, which exceeds only the maximum sign area for each sign or maximum height limitations of this UDC, as specified in Division 18.04.08, Signs, by 20 percent or less shall be considered a conforming sign and shall not need to be removed or altered. However, should the sign or sign structure, excluding the sign face, be replaced, the replacement sign or sign structure shall comply with all applicable requirements of this UDC.
4. Variance and Special Review Approvals. All permanent signs that were approved by the City through the variance or special review process, but do not meet the current requirements of this UDC, shall be considered conforming signs for so long as they comply with the provisions of the variance or special review approval, and for so long as the variance or special review approval remains in effect. If a variance or special review approval is abandoned, all signs that were approved by the variance or special review shall be brought into conformance with this UDC.

Effective on: 11/20/2018

(Ord. 6753 §4, 02/08/2025)

Effective on: 2/18/2025

Any existing nonconforming sign that is brought into conformance with this UDC within four years from the effective date shall be entitled to a 10 percent increase in applicable maximum sign face area.

Effective on: 11/20/2018

1. Generally. The right to keep, use, maintain, or display a sign that is prohibited by the terms of Division 18.04.08, Signs, shall cease and terminate in accordance with the standards of this Section.
2. Removal of Nonconforming Signs. A nonconforming sign shall be removed or brought into conformance with this UDC if any one of the following conditions occur:
   1. For nonconforming freestanding signs, a change of use of the subject property occurs as defined in this UDC;
   2. If the use of the subject property that is associated with the nonconforming sign terminates for a period of 90 consecutive days or more;
   3. If the nonconforming sign becomes a hazardous or dangerous sign and is not repaired within 14 days after such condition is discovered;
   4. The use or building with which the nonconforming sign is associated expands either singularly or cumulatively, its building gross floor area, outdoor retail/display area, or outdoor storage area by at least 25 percent of the gross floor area on the effective date of this UDC;
   5. The structural support of a nonconforming sign is altered to the extent that a building permit is required;
   6. The nonconforming sign structural support is modified or the original support materials are replaced to the extent that a building permit is required or a nonconforming sign module is substantially modified to the extent that a building permit is required;
   7. The nonconforming sign is relocated on the same or different premises and will still be in noncompliance with this UDC;
   8. The nonconforming sign is damaged or destroyed and the cost of reconstruction or repair is 60 percent or more of its depreciated value at the time it is damaged or destroyed;
   9. The principal building or use with which the sign is associated is demolished or destroyed; and
   10. The non-conforming sign includes a sign face that is modified to include an electronic message sign or an animated or flashing sign.

Effective on: 11/20/2018

1. A.
   Generally. Uses designated as a “Permitted by Right”, “Limited Use”, “Adaptable Use”, or “Conditional Use”, as set forth in Division 18.02.03, Land Use by Zone, may be continued, established, modified, enlarged, or extended on a developed site containing physical nonconformities such as:

   1. 1.
      The use is located on a nonconforming lot;
   2. 2.
      The use occupies a nonconforming building;
   3. 3.
      The use is located on a lot with nonconforming landscaping or buffering;
   4. 4.
      The use utilizes a nonconforming sign;
   5. 5.
      The use is illuminated by nonconforming lighting;
   6. 6.
      The use has nonconforming parking;
   7. 7.
      The use occupies a building that is nonconforming with respect to building design standards; or;
   8. 8.
      The use occupies a building that is nonconforming with respect to standards for screening utilities and mechanical equipment.
2. B.
   Standards. Uses that are designated as a “Permitted by Right”, “Limited Use”, “Adaptable Use”, or “Conditional Use”, as set forth in Division 18.02.03, Land Use by Zone, may be continued, established, modified, enlarged, or extended on a developed site containing physical nonconformities, subject to compliance with the standards in this Section. Uses that are designated “Adaptable Use”, or “Conditional Use” as set forth in Division 18.02.03, Land Use by Zone, shall also comply with the standards in Section 18.02.04.12, General Standards for Adaptable Uses, and Section 18.02.04.13, General Standards for Conditional Uses, as applicable.
3. C.
   No Implied Waivers. The authorization in subsection B., above, shall not be construed as a waiver of the requirements of Division 18.11.03, Nonconforming Buildings and Structures, Division 18.11.04, Nonconforming Signs, or this Division with respect to the physical nonconformities that are present on the subject property. Modifications to buildings, structures, landscaping and buffering, signage, lighting, parking, building design, or utilities may require correction or partial correction of nonconforming situations, as provided in this Division.
4. D.
   Level of Compliance. The following three categories are established to identify the level of site improvements that are required when a permitted use is established on a site that contains physical nonconformities, as set forth in subsection A., above:

   1. 1.
      No exterior site modifications;
   2. 2.
      Site modifications and / or building expansions; and
   3. 3.
      Redevelopment.
5. E.
   No Exterior Site Modifications. When only a tenant finish permit is required for a proposed use on a site, excluding multi-tenant sites, and no modifications are required to exterior site features, including parking, lighting, building facades, landscaping, buffering, circulation, vehicle access, signs, or outdoor storage areas, the following standards shall be met prior to issuance of a tenant finish permit, letter of completion, or certificate of occupancy:

   1. 1.
      Parking. Existing parking areas shall be refurbished to comply with subsection A. of Section 18.05.05.02, Maintenance of Parking Areas;
   2. 2.
      Lighting. Existing lighting shall be modified to comply with Section 18.09.02.02, Restrictions on Glare and Nuisance Lighting;
   3. 3.
      Roof Top Equipment. Screening of roof top equipment shall be installed to comply with subsection C. of Section 18.04.07.16, Utilities and Mechanical Equipment;
   4. 4.
      Landscaping. Existing landscaping shall be refurbished, modified and / or supplemented to comply with Section 18.08.06.05 Landscape Maintenance, and any landscape plan approved by the City;
   5. 5.
      Signs. Existing signs shall be subject to compliance with Section 18.04.08.12, Sign Maintenance, and Section 18.04.08.04, Prohibitions; and
   6. 6.
      Outdoor Storage. Outdoor storage areas shall comply with Section 18.04.07.08, Outdoor Storage, Generally.
6. F.
   Site Modifications and / or Building Expansions. When a building permit is required for a proposed uses on a site, excluding multi-tenant sites, and modifications are required to exterior site features, including parking, lighting, building facades, landscaping, buffering, circulation, vehicle access, signs, or outdoor storage areas, the following standards shall be met in addition to the standards in subsection E., above, prior to issuance of a tenant finish permit, letter of completion, or certificate of occupancy:

   1. 1.
      Parking. If the change in use requires additional parking spaces, the new parking area shall comply with Chapter 18.05, Access, Circulation, Parking, and Loading, and be landscaped as set out in Section 18.08.04.03, Parking Lots;
   2. 2.
      Lighting. All new lighting shall comply with Division 18.09.02, Lighting;
   3. 3.
      Building Facade. The facade of any building addition or new building shall comply with Division 18.04.05, Building Design Standards. If the cumulative floor area of any building addition or new building exceeds 25 percent of the existing building floor area, then the existing building facade shall comply with Division 18.04.05, Building Design Standards;
   4. 4.
      Landscaping and Buffering. Street bufferyards shall be installed to comply with Division 18.08.03, Standards for Bufferyards; and
7. G.
   Redevelopment. Redevelopment shall comply with the development standards in this UDC.
8. H.
   Alternative Compliance. The Director shall be authorized to allocate the estimated costs for the level of site improvements required in subsections E. or F., above, to further enhance other nonconforming site features to maximize the functional benefit and aesthetics of the site. For example, the total estimated cost, or a portion thereof, to construct a new parking lot in compliance with subsection F., above, may be allocated to enhance building design or street-side landscaping to a greater extent than otherwise required in subsection F., above. The Director’s allocation of costs shall be subject to the standards and criteria in subsection I., below:
9. I.
   Standards and Objectives. The Director shall allocate cost pursuant to subsection H., above, in compliance with the following standards and objectives:

   1. 1.
      Cumulative Costs. The cumulative cost of the site improvements authorized under subsection H., above, shall not exceed the cost for the level of site improvements required to comply with subsections E. and F., as applicable;
   2. 2.
      Greatest Overall Improvement. The site improvements authorized under subsection H., above, shall be allocated to provided the greatest overall improvement to the property and reduce existing external impact to the greatest extent possible;
   3. 3.
      Planning Objectives. The Director shall consider the following planning objectives in determining the allocation of site improvements under subsection H., above:

      1. a.
         Further goals and polices in the Comprehensive Plan, including corridor plans;
      2. b.
         Improving landscaping and buffering as viewed from State highways, arterial and collector streets;
      3. c.
         Mitigating lighting impact by retrofitting existing lighting with shielded, full cut-off fixtures;
      4. d.
         Achieving a unified building design for existing and proposed building facades facing State highways, arterial and collector streets; and
      5. e.
         Screening utilities or mechanical equipment visible from State Highways, arterial and collector streets.
10. J.
    Director Discretion. The Director may grant variations to or waive compliance with the standards in this Section when existing site constraints make compliance demonstrably impracticable.

Effective on: 5/6/2020

If a subject property contains more dwelling units than are allowed by standards that are applicable to the subject property and the building or buildings in which the dwelling units are located, then the building or buildings may be expanded or extended as may be otherwise allowed by this UDC, but no new dwelling units shall be created, and no new bedrooms shall be created unless parking for the subject property conforms to the requirements of Chapter 18.05, Access, Circulation, Parking, and Loading.

Effective on: 11/20/2018

1. Generally.
   1. Nonconforming Lot Used for Single Family Detached Dwelling Unit. In any zone in which single-family detached dwelling units are permitted, a single-family residence and customary accessory buildings may be erected on any single lot of record that exists on the effective date of this UDC. Such a lot must have been in separate ownership and not of continuous frontage with other lots under the same ownership. This provision shall apply even though such lot fails to meet the requirements of the zone in which it is located for area, or width, or both, provided that standards of the housing palette (see Division 18.04.02, Housing Palette) that apply to lots most similar to the nonconforming lot of record shall be met.
   2. Nonconforming Lot Used for Other Purposes. If a nonconforming lot is proposed to be used for purposes other than a single-family detached dwelling unit, the Director shall determine whether, based on a sketch site plan presented by the applicant, the lot is of suitable area and dimensions for the proposed use. The Director may deny an application (even for a By-Right Use) if the Director finds that the lot is not of a suitable area or dimension for the proposed use.
2. Combination Required. If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record on the effective date, and part or all of the lots do not meet the requirements of the zone in which they are located as to minimum area or frontage or both, the lands shall be considered for the purpose of this UDC to be an undivided parcel, and no portion of the parcel shall be sold or used in a manner that diminishes compliance with lot width and area requirements established by this UDC.

Effective on: 11/20/2018

The City may require a traffic impact study as determined by the City of Loveland Traffic Impact Study Guidelines and Policies.

Effective on: 11/20/2018

1. Generally. A truck routing plan is required for uses as specifically identified in this UDC and for uses that the Director determines will involve the use of semi-trailers, dump trucks, trash hauling trucks, or comparable heavy trucks at a frequency of more than 14 truck trips per week.
2. Updates. Truck routing plans shall be updated when:
   1. New truck routes are proposed by the applicant.
   2. The applicant proposes to increase truck traffic by more than 20 percent compared to that set out in the approved truck routing plan.
   3. Truck routes are changed by the City or other relevant transportation authority in a manner that affects the approved truck routing plan.
3. Contents. The truck routing plan shall include, at a minimum:
   1. The type or class of vehicles that will be used by the proposed land use and a description of said vehicles (including the number of wheels and axles);
   2. The anticipated frequency of delivery and departures of trucks;
   3. The estimated weights of vehicles when loaded;
   4. The hours of truck traffic;
   5. A map illustrating the route(s), from an interstate or other regional arterial, of all trucks used by the proposed land use (such map shall be prepared at a scale of one inch equals 250 feet or other scale approved by the Director);
   6. A map illustrating the routing and flow of trucks at points of ingress and egress, and within the subject property (such map shall be prepared at a scale of not greater than one inch equals 50 feet or other scale approved by the Director); and
   7. Any other information required by the City Engineer that is relevant to the evaluation of the proposed truck routes.

Effective on: 11/20/2018

1. Generally. The Director of Development Services (“Director”) is the member of the City Staff who is ultimately responsible for processing an application to decision (in the case of administrative approvals) or making a recommendation to an approving body (in the case of public hearing approvals). The Director shall designate staff members to manage applications through the review process and be points of contact for applicants. The Director may also delegate review responsibilities to other members of the City Staff with relevant technical training or expertise, or, as appropriate, to consultants that are authorized by the City Council.
2. Duties and Responsibilities. The Director shall allocate and supervise staff from the Development Services Department to administer this Code, including the following functions:
   1. Developing and promulgating application forms and checklists as provided in Section 18.14.03.05, Formal Application.
   2. Coordinating and conducting concept review meetings.
   3. Coordinating and conducting various meetings with applicants and citizens relating to development review and planning activities.
   4. Receiving and logging applications for development approval.
   5. Keeping records of development applications, including materials and outcomes.
   6. Reviewing application materials and verifying that applications are complete.
   7. Communicating with applicants to inform them that their applications are complete or not complete; and if the applications are not complete, what items are required to complete the application.
   8. Managing the processing of applications for development approval pursuant to this UDC.
   9. Processing and reviewing all applications (or causing applications to be reviewed) and either deciding the applications or making a recommendation regarding how the application should be decided based on the record documents and the applicable provisions of this Code.
   10. Setting applications on the agendas of the Planning Commission or City Council, as appropriate.
   11. Setting applications on the agendas of the Zoning Board of Adjustment or other boards and commissions as appropriate.
   12. Providing public notice (or verifying public notice) as required by this Code.
   13. Promptly issuing written approvals, permits, resolutions, or orders that reflect the substance of approvals granted pursuant to this Code.
   14. Maintaining the Zoning Map, including:
       1. Updates to reflect rezoning;
       2. Appropriate annotations to indicate adaptable use approvals;
       3. Appropriate annotations to indicate limited use approvals; and
       4. Resolution numbers to indicate conditional use approvals.
   15. Tracking the term of approvals, and keeping records of approvals that have expired.
   16. Enforcing the provisions of this Code and approvals granted hereunder.
   17. Making recommendations regarding amendments to this Code and to the Comprehensive Plan and other land use or strategic plans approved or adopted by the City.
   18. Developing or supervising the development of master plans, special area plans, or strategic plans, however titled, as directed by the City Council.
3. Additional Authorization.
   1. The Director is authorized to:
      1. Create illustrations, figures, and illustrative examples, and include them in this UDC as the Director determines appropriate to provide additional clarity as to the intent of the standards set out herein;
      2. Add and maintain internal cross-references to this UDC as the Director determines appropriate to facilitate navigation of this UDC; 
      3. Add and maintain external hyperlinks to this UDC as the Director determines appropriate to facilitate access to materials referenced in this UDC; and
      4. Work with the City Clerk  to correct typographical and punctuation errors within this UDC as set forth in Section 1.01.085 Amendments and Corrections. 
   2. If the Director exercises the authority that is delegated by this subsection C., the Director shall notify  the Planning Commission and City Council.

Ord. 6446 §1, 12/15/2020

Effective on: 12/29/2020

1. Generally. The City Engineer is the member of the City Staff who is responsible for approval of construction plans for infrastructure and other public improvements, landscaping, grading, erosion and sediment control, and for various uses of City rights-of-way. The City Engineer may also delegate review responsibilities to other members of the Public Works Department with relevant technical training or expertise, or, as appropriate, to consultants that are authorized by the City Council.
2. Duties and Responsibilities. The City Engineer shall allocate and supervise staff from the Engineering Office of the Public Works Department to administer provisions of this UDC that are the responsibility of the City Engineer, including the following functions:
   1. Management of Streets and Alleys.
      1. Authorization of over-the-curb loading;
      2. Issuance of revocable right-of-way encroachment permits;
      3. Approval of street design and layout;
      4. Approval of variations to level of service standards for alleys in DT Zone.
      5. Approval of truck routing plans.
   2. Public Improvements and Landscaping.
      1. Establishment of technical specifications for public improvements and landscaping.
      2. Approval of construction plans for public improvements, stormwater systems, and landscaping.
      3. Approval of location and species of street trees.
      4. Approval of standard-form improvements agreements and approval of amount of collateral required in improvements agreements.
      5. Approval of maintenance agreements for public improvements and street trees.
         1. Attending concept review meetings.
         2. Promptly issuing written approvals, permits, resolutions, or orders that are designated by this UDC to be issued by the City Engineer, and that reflect the substance of approvals granted pursuant to this UDC.
         3. Making recommendations regarding amendments to this UDC.
      6. Preliminary acceptance of public improvements and landscaping.
      7. Approval of exceptions to subdivision requirements.
      8. Approval of area within which public improvements are to be installed.
   3. Site Work; Erosion and Sediment Control.
      1. Issuance of site work permits.
      2. Issuance of erosion and sediment control permits.

Effective on: 11/20/2018

1. Generally. The Director shall maintain a list of referral agencies, including but not limited to: the Colorado Department of Transportation (“CDOT”), Larimer County, special districts, fire protection districts, school districts, ditch or reservoir companies, irrigation districts, and utility providers that may be affected by land use and development within the City. The Director shall refer applications to affected referral agencies as required by this Code or, if not required by this Code, as the Director may determine appropriate.
2. Referral Agency Review. The applicant for development approval shall be responsible for the payment of review fees charged by referral agencies, if any.

Effective on: 11/20/2018

1. Powers. The City Council shall have all powers conferred upon it by the City of Loveland Home Rule Charter.
2. Delegations.
   1. The City Council delegates authority to the Director, the Planning Commission, and the Board of Adjustment and Appeals as provided in this UDC.
   2. The City Council may adopt and amend by resolution, from time to time, a City of Loveland Handbook for Boards and Commissions. The handbook may provide requirements for organization of boards and commissions, conduct of meetings, appointments and vacancies, expense reimbursements, liabilities, and other topics that the City Council determines are appropriate. The current version of Handbook for Boards and Commissions is attached as Appendix B: Handbook for Boards and Commissions.
3. Appointments. The City Council shall have the power to appoint members of the Planning Commission and the Zoning Board of Adjustment as provided in Article 10 of the City of Loveland Home Rule Charter.
4. Decisions. The City Council shall decide applications for:
   1. UDC Text Amendments
   2. Rezoning
   3. Certificates of Designation
   4. Vacations of Existing Rights-of-Way
   5. Vacation of Obsolete Subdivisions
   6. General Development Plan
   7. Creation of Vested Rights
   8. Extension of Vested Rights
   9. Administrative Appeals from decisions of the Planning Commission (except decisions by the Planning Commission on appeals from decisions of the Director)
   10. City Council shall also adopt or approve, as it determines appropriate, the comprehensive plans and other plans for the physical development of the City.

Effective on: 11/20/2018

1. Generally. There is established a Planning Commission consisting of nine members appointed by the City Council.
2. Powers and Duties. The Planning Commission shall:
   1. Consider and decide the following types of applications:
      1. Conditional Use
      2. Height Exception
      3. Oil and Gas Permit (Public Hearing)
      4. Preliminary Development Plan
   2. The Planning Commission shall consider and recommend to the City Council approval, approval with conditions, or disapproval of the following types of applications:
      1. Rezoning
      2. Certificate of Designation
      3. General Development Plan
      4. Amendments to the Unified Development Code
   3. The Planning Commission shall decide appeals from final decisions of the Director.
   4. The Planning Commission also shall consider and advise the City Council on all proposed changes to the Unified Development Code and recommend adoption of comprehensive plans for the physical development of the City, which plans may be adopted by resolution of the City Council, and perform such other duties as the City Council may by ordinance or resolution prescribe.
3. Meetings.
   1. Generally. Meetings and special meetings shall be conducted in accordance with the rules set out in the City of Loveland Handbook for Boards and Commissions. See Appendix B: Handbook for Boards and Commissions.
   2. Order of Business. The order of business at all regular meetings shall be established by the Planning Commission.
   3. Times and Locations. Meetings of the planning commission for the City shall be held in Council Chambers, or other place designated by the Planning Commission Chairperson, in accordance with the schedule of meetings adopted by the City Council, and with respect to special meetings, as determined by the Planning Commission according to the rules set out in the City of Loveland Handbook for Boards and Commissions.

Effective on: 11/20/2018

1. Generally. The Zoning Board of Adjustment is created and delegated the authority to grant variances to the regulations contained in this UDC.
2. Powers and Duties. The Zoning Board of Adjustment shall be empowered to grant variances from certain standards set forth in this UDC according to the standards set out in Section 18.17.15.07 Variances.
3. Membership. The Zoning Board of Adjustment shall be composed of the members of the Planning Commission as it may be constituted from time to time.
4. Hearing Officer. The Zoning Board of Adjustment may appoint a Zoning Hearing Officer from within the Board to conduct public hearings and make decisions on variances. The Hearing Officer, the Director or an applicant prior to notification of the public hearing, may forward any matter on to the full Zoning Board of Adjustment.
5. Order of Business. The order of business at all regular meetings shall be established by the Zoning Board of Adjustment.
6. Meetings. 
   1. Generally. Meetings and special meetings shall be conducted in accordance with the rules set out in the City of Loveland Handbook for Boards and Commissions. See Appendix B: Handbook for Boards and Commissions.
   2. Order of Business. The order of business at all regular meetings shall be established by the Zoning Board of Adjustment.
   3. Times and Locations. Meetings of the Zoning Board of Adjustment shall be held in Council Chambers, or other place designated by the Zoning Board of Adjustment Chairperson, in accordance with the schedule of meetings adopted by the City Council, and with respect to special meetings, as determined by the Zoning Board of Adjustment according to the rules set out in the City of Loveland Handbook for Boards and Commissions.

Ord. 6446 §3, 12/15/2020

Effective on: 12/29/2020

The purpose of this Chapter is to set out a standardized process for development review and administrative appeals.

Effective on: 11/20/2018

1. Generally. All procedures for obtaining development approvals and for appealing decisions of the Director or the Planning Commission are set out in this Chapter.
2. Required Development Approvals. Division 18.14.02 Required Development Approvals, sets out the approvals and permits required by the City for the use and development of real property. Section 18.14.02.02 Decision-Making Tracks by Application Type, establishes six decision-making tracks for approval of development applications and the four land use classifications in Division 18.02.03, Land Use by Zone.
3. Standardized Decision-Making Procedures. Division 18.14.03, Standardized Decision-Making Procedures, sets out the steps in the standardized procedures for development review.
4. Required Notices. Division 18.14.04 Required Notices, details the notice requirements for each type of application that requires one or more public notices.
5. Appeals. Division 18.14.05 Appeals, sets out the process for appealing a decision of the Director or the Planning Commission.

Effective on: 11/20/2018

Unless specifically exempt from the application of this UDC, development approval is required for:

1. Development;
2. Redevelopment, and
3. Re-grading of:
   1. all nonresidential property; or
   2. property within the FP overlay zone.

Effective on: 11/20/2018

1. A.
   Generally. Different Type of development applications and land use approvals are subject to different decision-making procedures.
2. B.
   Decision-Making Tracks. Table 18.14.02.02.A, Decision-Making Tracks, sets out five procedural tracks for review and approval of development applications.

(Ord. 6516B §8, 10/26/2021; Ord. 6753 §5, 02/08/2025)

Effective on: 2/18/2025

Ord. 6547 § 04/19/2022

Effective on: 5/3/2022

1. Generally. A development agreement is a legal document between the City, the developer, and owners of property to ensure all development requirements and conditions will be met. A development agreement describes and defines conditions specific to the development of a property. A Development Agreement may be combined with an Improvements Agreement (see Section 18.14.02.03, Reserved) in a single document.
2. Development Agreement Required. All conditions of approval applicable to a plat shall be included in a development agreement. A development agreement may also be required for other development applications that specify conditions of approval to be satisfied at a future date.
3. Approval. Development agreements shall be processed in accordance with Section 18.14.02.02, Decision-Making Tracks by Application Type.
4. Amendment. Amendments to a development agreement may be approved by the Director unless otherwise specified in the development agreement.
5. Recording. Development agreements shall be recorded with the Larimer County Clerk and Recorder. When a development agreement is associated with a plat, the agreement shall be recorded concurrently with the recording of the plat. All other development agreements shall be recorded prior to approval of the associated development application.

Effective on: 5/3/2022

1. Generally. This Division sets out the steps in the decision-making process for applications decided by the Director or City Engineer, the Planning Commission, the Zoning Board of Adjustment, and the City Council.
2. Decisions by the Director or City Engineer. Applications that are decided by the Director (see Section 18.14.02.02, Decision-Making Tracks by Application Type) or City Engineer require the following process:
   1. Concept review meeting (if applicable) (Section 18.14.03.02, Concept Review Meeting);
   2. Neighborhood meeting (if applicable) (Section 18.14.03.04, Neighborhood Meetings);
   3. Formal application (Section 18.14.03.05, Formal Application);
   4. Completeness review (Section 18.14.03.06, Completeness Review);
   5. Stale applications (Section 18.14.03.07, Stale Applications);
   6. Administrative review (Section 18.14.03.08, Administrative Review);
   7. Agency referrals (Section 18.14.03.10, Agency Referrals);
   8. Effect of approvals (Section 18.14.03.13, Effect of Approvals)
   9. Effect of denial; successive applications (Section 18.14.03.16, Effect of Denial; Successive Applications)
3. Decisions by the Planning Commission, Zoning Board of Adjustment, and City Council.
   1. Decisions by the Planning Commission, Zoning Board of Adjustment, and City Council are subject to Section 18.14.03.02, Concept Review Meeting, through Section 18.14.03.16, Effect of Denial; Successive Applications, inclusive.
   2. If a decision requires a recommendation of the Planning Commission before a decision of the City Council, then the public hearing notice requirements of Section 18.14.03.09, Public Hearing Notice and Schedule, and the hearing procedures requirements of Section 18.14.03.12, Hearing Procedures, shall apply to the Planning Commission hearing and the City Council Hearing.
4. City of Loveland Handbook for Boards and Commissions. Board and Commission meetings shall be conducted according to the requirements of the City of Loveland Handbook for Boards and Commissions. See Appendix B: Handbook for Boards and Commissions.

Effective on: 11/20/2018

1. Generally. A concept review meeting is required for all application types except amended plats, home occupations, vacations, sign permits, and administrative appeals. The Director may establish and post a regular schedule for concept review meetings and for intake of required materials. The Director may make provisions for telephonic or video conferences.
2. Waiver. The Director may waive the concept review meeting for good cause shown.
3. Purpose. The purpose of the concept review meeting is threefold:
   1. To ensure the applicant is familiar with the procedural and substantive requirements of this Code;
   2. To coordinate with representatives from agencies and departments with an administrative interest in the development in order to discuss issues concerning the development early in the review process;
   3. To review the applicant’s concept plan and to identify application requirements.
4. Required Materials. A concept review meeting shall be requested on a form approved by the Director, which may include requirements for supplemental materials (e.g., preliminary plans) based on the type of application to which the concept review meeting relates. At a minimum, the request shall include sufficient supporting materials to explain:
   1. The location of the proposed project;
   2. The proposed uses (in general terms);
   3. The proposed general arrangement of buildings, parking, access points, open spaces, and drainage facilities (including water quality and stormwater detention facilities);
   4. The relationship to existing development;
   5. Existing and proposed utilities;
   6. Generally, the presence of natural resources, irrigation ditches or reservoirs, wetlands, open water, floodplains, and floodways on the subject property; and
   7. Such other preliminary materials that the applicant or the Director believes will be pertinent to the application.
5. Concept Review Meeting Report. The Director shall provide written comments to the potential applicant at the concept review meeting.
6. Formal Application Timing. The applicant shall have 180 days from the date of the concept review meeting to file an application.

Effective on: 11/20/2018

1. Generally. Ex parte communications are communications between applicants or others (including, but not limited to, City residents) and the zoning board of adjustment or its designated hearing officer, Planning Commissioners or City Council members about the merits of a pending application for development approval or appeal outside of a noticed public hearing at which the development approval or appeal will be heard. It is the policy and practice of the City to decide applications and appeals only on the merits presented in the application or petition for appeal, in on‐record public comments, and at public hearings (if public hearings are required). Ex parte communications are not allowed.
2. Timing.
   1. Zoning Board of Adjustment. The prohibition on ex parte communications begins on the date that an appeal to the Zoning Board of Adjustment or its designated hearing officer is filed pursuant to the requirements of this code and ends when the appeal period for a variance has expired.
   2. Planning Commission. The prohibition on ex parte communications begins on the date that an appeal to the Planning Commission is filed pursuant to the requirements of this code and ends when the appeal period for a development approval has expired.
   3. City Council. The prohibition on ex parte communications begins on the date that an appeal to City Council is filed pursuant to the requirements of this code and ends when the appeal period for a development approval has expired.
3. Inadvertent Communications. It is not always possible to prevent ex parte communications. The zoning board of adjustment or its designated hearing officer, Planning Commissioners and City Council members shall not privately discuss the merits of a pending application or appeal. If a communication is received outside of the record (e.g., it is not in the application, agency comments, or public comments, nor was it presented at a noticed public hearing) then the member shall disclose the communication, including the speaker and the substance of the communication, on the record of the public hearing before the application is heard. The decision‐maker or recommending body must base its decision only on the evidence presented on the record. The contents of the ex parte communication shall not be considered part of the record for decision‐making unless the information in the communication is also presented at the hearing (other than through the required disclosure).

Effective on: 11/20/2018

1. A.
   Purposes and Intent.

   1. 1.
      Purposes and Intent. The purposes and intent of the neighborhood meeting are:

      1. a.
         To educate and inform City residents of pending development proposals in and near their neighborhood;
      2. b.
         To encourage applicants to pursue early and effective communications with the affected residents during the review of applications, giving the applicant an opportunity to understand and attempt to mitigate any documentable adverse impact of the proposed project on the adjoining community;
      3. c.
         To provide residents a forum to share their questions and opinions about the proposal both to the applicant and city staff; and
      4. d.
         To facilitate ongoing communication between the applicant, interested residents and property owners, the Director, and City staff throughout the application review process.
2. B.
   Responsibilities. The applicant and City staff shall attend the neighborhood meeting. The applicant is primarily responsible for describing the development and answering questions about the development and potential impacts on the community. City staff is primarily responsible for describing applicable review procedures and opportunities for public input.
3. C.
   Notice. Notice of the neighborhood meeting shall be prepared by the City per the requirements of Division 18.14.04, Required Notices.
4. D.
   Community Participation Report. If a neighborhood meeting is required, the applicant shall include a written Community Participation Report on the results of the neighborhood meeting following the neighborhood meeting and prior to the approval of the project. At a minimum, the Community Participation Report shall include the following information:

   1. 1.
      Dates and locations of all meetings where residents were invited to discuss the applicant's proposal;
   2. 2.
      Copies of the sign-in sheets;
   3. 3.
      A summary of concerns, issues and problems expressed by participants; and
   4. 4.
      A summary of:

      1. a.
         How the applicant has addressed identified issues; and
      2. b.
         Issues that cannot or should not be addressed, and why those issues cannot or should not be addressed.
5. E.
   City Staff Summary. City staff shall create a summary of the neighborhood meeting for inclusion in the Planning Commission staff report and/or project file for the development, based upon the type of approval process.

Ord. 6636 §40, 09/05/2023

Effective on: 9/19/2023

1. Generally. Every application for development approval required by this Code shall be submitted on a form approved by the Director, along with the corresponding development review fee, and as applicable, community facilities information pursuant to Chapter 18.15, Adequate Community Facilities. Applications shall include electronic versions of application forms and all attachments in a format approved by the Director.
2. Forms. The Director shall promulgate and periodically revise forms for each type of application required by this UDC. The specific information requirements for each application shall have the purpose of facilitating:
   1. The administration of the development review process;
   2. The evaluation of the applications for compliance with the standards of this Code; and
   3. Efficient and appropriate record-keeping.
3. Waiver of Application Requirements. The Director may waive specific submittal requirements, except application fees, if the Director determines that such requirements are unnecessary for the processing of the application for which the waiver is requested. However, if the Director subsequently finds that such information is pertinent to the evaluation of compliance with the standards of this Code, the Director may require the applicant to supplement the application.
4. Schedule. The Director is authorized, but not required, to establish regular intake days for any or all classifications of applications for development approval, except sign permits and appeals.

Effective on: 11/20/2018

1. Generally. The Director shall review the application to verify that it is complete.
2. Complete Applications.
   1. A complete application is an application that includes:
      1. All of the information requested on the application form (except any items waived by the Director);
      2. All supporting documents required by the application form (except any items waived by the Director); and
      3. All supporting documents requested by the Director as a result of the Conceptual Review meeting.
   2. Complete applications shall be processed according to the applicable procedures of this Code.
3. Incomplete Applications.
   1. Incomplete applications shall be refused with a written explanation that describes in general terms the materials that must be submitted in order to complete the application.
   2. Incomplete applications are not considered filed.
4. Application Filing Fee. The applicable application filing fee shall be paid in accordance with the procedures established by the Director.

Effective on: 11/20/2018

1. Generally. Applications for development approval shall be diligently pursued by the applicant. This section is intended to extinguish applications that become stale due to inaction by the applicant.
2. Expiration of Stale Applications. When an action by the applicant is required for further processing of an application (for example, if revisions are requested after agency referrals), the application shall become void six months after the date that the action is requested if the applicant either fails to take action or fails to request an extension of time pursuant to subsection C., below.
3. Extension of Time. The Director may extend the time for expiration of an application by up to six additional months upon written request of the applicant before the end of the period set out in subsection B., above.

Effective on: 11/20/2018

1. A.
   Generally. Upon determination that an application is complete, the Director shall cause the application to be reviewed by the City’s Development Review Team (DRT) for a recommendation regarding technical compliance with all applicable requirements of this Code.
2. B.
   Referrals. The Director shall refer applications to referral agencies pursuant to Section 18.14.03.10, Agency Referrals, when such referral is required by Section 18.14.02.02, Decision-Making Tracks by Application Type, or allowed in the Director’s discretion. The Director may refer any application to one or more referral agencies if the Director determines that the agency will be affected by the application and the agency’s expertise will be helpful to the review of the application.
3. C.
   Notice and Comment. If the application type requires public notice and comment, the applicant shall provide notice as required by Division 18.14.04 Required Notices, and the Director shall thereafter collect and review public comments during the notice and comment period.
4. D.
   Recommended Revisions.

   1. 1.
      After the referral period, notice and comment period, or neighborhood meeting, as applicable, and upon completion of the Director’s review, the Director shall provide to the applicant the comments from City staff, and if applicable, referral agencies or the public. The applicant shall respond to the comments by either revising the application materials or by providing a response that describes why revisions are not necessary.
   2. 2.
      The Director may refer a revised application or response to comments to referral agencies again if changes substantially affect the interests of the agency in ways not anticipated by the agency’s original comments (or lack thereof), if the response requires the agency’s technical expertise for adequate review, or if requested by the referral agencies.
   3. 3.
      A fee in the amount of 50 percent of the application fee shall be due upon a fourth resubmittal resulting from repeated failure to address comments in prior resubmittals or modifications to the project by the applicant that warranted additional review.
5. E.
   Administrative Decision or Recommendation. Promptly after submittal of an application that appropriately addresses comments pursuant to subsection D., above, or promptly after the Director determines that no revisions to an original application are necessary:

   1. 1.
      If the application is for an administrative development approval, the Director shall approve, approve with conditions, or deny the application, as appropriate.
   2. 2.
      If the application is for an administrative development approval for which public notice is required, the applicant shall send mailed notice of the decision on a template provided by the Director within the notice radius established by Section 18.14.04.04 Specific Requirements by Notice Type.
   3. 3.
      If the application is for a public hearing development approval, the Director shall make a recommendation regarding the application and forward the recommendation to the next body that will consider it for further recommendation or approval. The recommendation shall include the comments of the referral agencies and the public, if such comments are provided.
6. F.
   Decision on Sign Permits. A sign permit shall be reviewed within 15 business days after it is determined to be complete pursuant to Section 18.14.03.06 Completeness Review, unless the applicant agrees to an extension of time. Once completeness has been determined, the Director shall either approve or deny the sign permit unless the applicant requests to resubmit the sign permit under the same application. If the Director fails to timely decide the sign permit, it shall be deemed approved. Denial of a sign permit shall be in writing, which shall include the reasons for the denial.

(Ord. 6753 §6, 02/08/2025) 

Effective on: 2/18/2025

1. Generally. For applications that require public hearings, when administrative review pursuant to Section 18.14.03.08, Administrative Review, is complete, the Director shall coordinate with the applicant to cause notice to be issued according to the requirements of Division 18.14.04, Required Notices, and set the application on the next available agenda of the next body that will consider the application, consistent with the legal requirements for public notice.
2. Coordination with Decision-Making Bodies. The Director shall coordinate with recommending and decision-making bodies to fix reasonable times for hearings.
3. Notice to Applicant. The Director shall notify the applicant regarding the time and place of public hearings.

Effective on: 11/20/2018

1. Generally. As part of the review process, referral agencies may be notified and provided the opportunity to comment on the application.
2. Referral Agency Review Fees. Referral agencies may charge a fee or require reimbursement for their review. The applicant shall be responsible for the payment of agency review fees.
3. Referral Period.
   1. The referral period shall be established on the notification sent by the City, and shall commence upon delivery of the application and any applicable review fee to the referral agency.
   2. Failure of an agency to respond within the prescribed time period (or extended period) shall indicate consent by that agency to the contents of the application.
4. Extension of Referral Period. Upon written request by the applicant or referral agency, the Director may extend the referral period or suspend the development review process in order to allow time for the applicant and the referral agency to resolve conflicts.

Effective on: 11/20/2018

1. A.
   Generally. Sketch plats and final plats require a neighborhood notice and comment period.

   1. 1.
      During the neighborhood notice and comment period, the Director shall make application materials available at reasonable times for inspection, and shall accept written comments from the public regarding the application’s compliance with this UDC.
   2. 2.
      The Director shall not consider public comments that are not pertinent to the evaluation of whether the application complies with the requirements of this Code.
2. B.
   When Required. The neighborhood notice and comment period is required for the following applications:

   1. 1.
      Sketch Plat; and
   2. 2.
      Final Plat that did not require a sketch plat
3. C.
   Exceptions. A neighborhood notice and comment period is not required for the following:

   1. 1.
      Sketch plats or final plats that are being processed concurrently with a development application that requires a neighborhood meeting or public hearing, provided that the radius for notification is modified to the greater radius as required be either the plat or development application;
   2. 2.
      Sketch plats or final plats for properties with existing development that do not create an additional developable parcel(s);
   3. 3.
      Final plats that conform to a sketch plat for which the neighborhood notice and comments period was satisfied; and 
   4. 4.
      Final plats for which the neighborhood notice and comment period was not required for the sketch plat in accordance with this subsection.  
4. D.
   Notice and Comment Period. The notice and comment period shall be in accordance with Section 18.14.04.04, Specific Requirements by Notice Type.

Ord. 6445 §10, 12/15/2020; Ord. 6636 §41, 09/05/2023

Effective on: 9/19/2023

1. Generally. All public hearing development approvals that require a public hearing before the Planning Commission, Zoning Board of Adjustment, or City Council are subject to the procedural requirements of this Section and the applicable rules of the body conducting the hearing.
2. Hearing Procedures. The Planning Commission, Zoning Board of Adjustment, and City Council shall adopt rules of procedure for the conduct of public hearings. In addition to any requirements of the City of Loveland Handbook for Boards and Commissions (see Appendix B: Handbook for Boards and Commissions), the following general procedures shall be reflected in the adopted rules of procedure:
   1. Any person may appear at a public hearing, submit evidence, and be heard. Persons (other than the applicant) who seek party status shall provide written evidence regarding why such status should be recognized.
   2. If a speaker represents an organization, the body conducting the hearing may request written evidence of that person’s authority to speak on behalf of the group in regard to the matter under consideration.
   3. Persons appearing at a public hearing shall identify themselves and state their address and similar information about any organization they represent.
   4. Citizens, applicants, and the City shall have the right to present expert witnesses.
3. Continuances or Withdrawals.
   1. Requests for continuance may be granted at the discretion of the body holding the public hearing. If granted, the applicant shall pay all additional costs associated with the rescheduling of the hearing.
   2. Any application may be withdrawn, either in writing or on the record during the hearing, provided that the application is withdrawn before the vote on the recommendation or decision.
4. Decision or Recommendation.
   1. If the hearing is before the Planning Commission, the Planning Commission shall:
      1. If the Planning Commission is to decide the application according to Section 18.14.02.02, Decision-Making Tracks by Application Type:
         1. Approve the application;
         2. Approve the application with conditions;
         3. Deny the application; or
         4. Continue the hearing on the application; or
      2. If the Planning Commission is to make a recommendation on the application according to Section 18.14.02.02 Decision-Making Tracks by Application Type:
         1. Make a corresponding recommendation to the City Council on the application; or
         2. Continue the hearing on the application.
   2. If the hearing is before the Zoning Board of Adjustment the Board shall:
      1. Approve the application;
      2. Approve the application with conditions;
      3. Deny the application; or
      4. Continue the hearing on the application.
   3. If the hearing is before the City Council, the City Council shall:
      1. Approve the application;
      2. Approve the application with conditions;
      3. Deny the application;
      4. Continue the hearing on the application; or
      5. Refer the application back to the Planning Commission for further review and recommendation if the Planning Commission previously considered the application.

Effective on: 11/20/2018

1. Generally. Approval of an application authorizes only the particular use, plan, or other specific activity for which the approval was granted. Approvals run with the land that is the subject of the approval. Exceptions are UDC Amendments and Comprehensive Plan Amendments, which generally impact more than one parcel of land.
2. Writing and Findings Required. Approvals shall be reduced to writing and shall include findings that support the decision. For administrative approvals, the approval and findings shall be signed by the Staff member who is ultimately responsible for the decision. For public hearing approvals and appeals, the approval and findings shall be signed by the person who presided over the meeting in which the decision was made.
3. Expiration of Approvals.
   1. Permitted time frames for an approval do not change with changes in ownership and shall expire as indicated in Table 18.14.03.13, Time Limitations, if either of the following occur:
      1. The next required approval or permit has not been applied for to establish the use or commence the construction that is authorized by the approval (if the next required approval or permit is a building permit and said building permit expires or lapses, the related approvals also lapse upon the later of the expiration of the period in Table 18.14.03.13, Time Limitations, or the expiration or lapse of the building permit); or
      2. The use does not require a building permit and is not established, ongoing, and in operation.
   2. Although a permit may expire, nothing in subsection C.1. abrogates the right to a seek a new permit.
   3. Any approval not listed is Table 18.14.03.13, Time Limitations, shall not expire. Such approvals shall continue in force until superseded by an amendment to this UDC, a subsequent, inconsistent application, or other similar specific action that would alter the approval.

4. Extensions. Upon written request and good cause shown (unless otherwise specified in the approval), one extension may be granted by the Director for a period not to exceed the original approval period. No request for an extension shall be considered unless a written application requesting the extension is submitted to the Director no later than two weeks prior to the expiration of the approval. Failure to submit an application for an extension within the time limits established by this Section shall result in the expiration of the approval as provided above.
5. Appeals. If there is an appeal or litigation during the time period that is not brought by the applicant, and limits the applicant’s ability to proceed, the appeal or litigation shall suspend the expiration date, and the date shall be recalculated when the appeal or litigation, including appeals, is complete. The new expiration date shall be established by adding the number of days that the approval remained valid before the appeal or litigation commenced to the date the appeal or litigation was completed by a final, non-appealable order. This subsection does not apply if the litigation involves City enforcement of a violation of this UDC.

Effective on: 11/20/2018

The following types of approvals shall be recorded in the public records of Larimer County, Colorado at the applicant’s expense:

1. Pattern Books for Complete Neighborhoods
2. Zoning Documents
3. Final Plats
4. Improvements Agreements
5. Development Agreements
6. Annexation Maps and Annexation Agreements
7. Boundary Line Adjustment Plats
8. Lot Merger Plats
9. Unities of Title in Lieu of Lot Merger Plat
10. Vacations of Rights-of-Way
11. Notice of Vacation of Easements

Effective on: 11/20/2018

1. Purpose. The purpose of this Section is to provide procedures necessary to implement the provisions of Article 68 of Title 24, C.R.S., as amended.
2. Vested Property Right Created.
   1. A vested property right shall be deemed to have been created only upon the approval of a site specific development plan in accordance with this Section.
   2. Any approval of a site specific development plan, or amendment to an existing site specific development plan, that creates vested property rights shall be adopted by ordinance as a legislative act and shall be subject to referendum. When creating a vested property right, City Council may expressly exempt, in whole or in part, administrative amendments to a site specific development plan from additional review and approval by City Council under this Section.
   3. The establishment of a vested property right shall not preclude the application of ordinances or regulations which are general in nature and which are applicable to all property subject to land use regulation by the City, including but not limited to the regulations concerning uniform building codes, uniform design standards, regulations concerning subdivision improvements and right-of-way dedications, and regulations establishing requirements and specifications for any public improvements.
   4. The establishment of a vested property right shall not preclude the application of any legislatively adopted fees which are general in nature, uniform in character and applicable to all properties or a similarly situated class of properties.
   5. The City may approve a site specific development plan subject to such terms and conditions as may reasonably be necessary to protect the public health, safety and welfare of the City and its residents.
   6. Any site specific development plan for a multiple-phase development may have separate vesting periods created for each phase. The vesting for any subsequent phase may be contingent upon completion of the preceding phase and review by the City Council. Such review shall include but not be limited to whether the landowner or developer is in compliance with its obligations to the City, including but not limited to the site specific development plan, the improvements agreement and any other agreements between the landowner and the City, as they may have been amended from time to time.
3. Notice and Hearing. Consideration of a site specific development plan for creation of vested property rights must be preceded by the applicable notice and public hearing in compliance with Section 18.14.03.09, Public Hearing Notice and Schedule, and Section 18.14.03.12, Hearing Procedures.
4. Notice of Approval.
   1. Each document constituting a site specific development plan shall contain the following language: “Approval of this plan or agreement constitutes a vested property right pursuant to Article 68 of Title 24, C.R.S., as amended, and Section 18.14.03.15 of the Loveland Unified Development Code as amended.” The failure of the document constituting a site specific development plan to contain the language specified this subsection shall invalidate and void the creation of the vested property right.
   2. A notice stating that a vested property right has been created shall be published once by the City in a newspaper of general circulation in the City not more than 14 days after final adoption of the ordinance approving the site specific development plan. The notice shall include the following information:
      1. A statement advising the public of the site specific development plan approval, including the name of the project and general location of the specific property or development parcels affected;
      2. A statement that a vested property right has been created in accordance with Article 68 of Title 24, Colorado Revised Statutes, and Section 18.14.03.15 of the Loveland Unified Development Code.
5. Duration of Vested Right.
   1. Generally. A property right vested pursuant to this Section shall remain vested for a period of three years.
   2. Extended Vesting Periods. The City Council, in its legislative discretion, may approve an initial vesting period that is longer than three years, in consideration of the following factors:
      1. The size and phasing of the development, and specifically but not limited to, whether the development can be reasonably completed within three years;
      2. Economic cycles (including, local, regional, and state economic cycles, and national economic cycles);
      3. Market conditions, and specifically but not limited to, absorption rates for leasing and sales of similar development projects;
      4. Consistency with the City of Loveland Comprehensive Plan and other adopted plans;
      5. Proposed public amenities and benefits that enhance the project and the overall attractiveness of the community, including the degree to which such public amenities and benefits are defined in terms of design, timeframe, and phasing with development;
      6. Projected public financial benefits or costs anticipated to result from the development, including the timeframe for realization by the City or other public entities and potential costs for operation and maintenance of any new public amenities or infrastructure dedicated to the City or other public entities;
      7. The breadth and scope of the requested vested property right, including but not limited to, the extent to which such vested property right restricts the City’s ability to apply future regulations for the purpose of providing public infrastructure, public services, or public facilities and for the purpose of meeting evolving community needs;
      8. Any proposed modifications to previously approved vested property rights to address changed conditions within the City, consistency with the Comprehensive Plan and other community plans, or performance of previously approved site specific development plans; and
      9. Any other factors deemed relevant to the City Council.
6. Extension of Vested Property Rights. A landowner may request an extension of vested property rights by submitting an application for extension of vested property rights at least 120 days prior to the expiration of the period of vested property rights. The extension request shall be processed in accordance with the procedural requirements of this Chapter, including but not limited to notice, public hearing, adoption by ordinance, and post-approval publication. The criteria in subsection E., above, shall be considered by City Council when determining whether to grant an extension to a vested property right.
7. Application Contents. An application for vested property rights or extension of vested property rights shall include such information as required in the application checklist approved by the Director, which shall be, at a minimum, the following information:
   1. Terms of vesting requested;
   2. Justification statement; and
   3. Site Specific Development Plan.
8. Forfeiture of Vested Property Rights.
   1. Failure to abide by the terms and conditions of a site specific development plan may result in a forfeiture of the vested property rights in accordance with the procedures set forth herein.
   2. The process to consider forfeiture of vested property rights shall be initiated by passage of a resolution by the City Council stating the grounds therefor.
   3. No vested property right shall be deemed forfeited until after notice and a public hearing. Notice shall be provided at least 30 days prior to the date of the public hearing, by publishing notice in a newspaper of general circulation in the City of Loveland and by mailing notice to the property owner(s), sent to the address of record according the County Assessor’s records via first class United States mail. A copy of the resolution initiating the process to consider forfeiture of the vested property right shall be included with the mailed notice to the property owner(s).
   4. At the hearing, the City Council shall consider all evidence and testimony presented concerning any failure to abide by the terms and conditions of a site specific development plan. The City Council may continue the public hearing to allow additional evidence to be presented.
   5. If City Council finds a failure to abide by the terms and conditions of an approved site specific development plan, the City Council may take action by ordinance to declare the vested property rights forfeited. The forfeiture of a vested property right shall have no effect upon public streets, alleys, rights-of-way, or other lands or easements previously dedicated or conveyed to the City or other public entities pursuant to the terms of a site specific development plan. Upon forfeiture of vested property rights, the site specific development plan shall be subject to all zoning, land use, and general regulations in effect at the time of forfeiture and as such may be amended from time to time thereafter.

Effective on: 11/20/2018

1. Generally. It is the policy of the City not to allow successive applications for the same development approval after an application is denied. The limitations of this Section limit the consideration of successive applications.
2. Minimum Interval Between Submittal of Substantially Similar Applications. If an application is denied, the City shall not accept any application that is substantially similar to the denied application for a period of 12 months, unless:
   1. After the application is denied, the City amends the applicable provisions in this Code in a manner that could allow for approval of the application; or
   2. The Planning Commission waives the minimum interval requirement of this Section for good cause shown; or
   3. The denied application is for a sign permit.

Effective on: 11/20/2018

1. Computation of Time. In computing any period of time prescribed for the purpose of giving notice under this Division, the day of the publication, mailing, or posting shall be included. The day of the meeting or hearing shall not be counted. Saturdays, Sundays, and legal holidays shall be counted as any other day.
2. Notice Cost.
   1. All costs for providing mail and posted notice as required by this Division shall be the direct responsibility of the applicant.
   2. The City shall provide published notice and internet notice. The cost of such notice shall be included in the development review fee.
3. Applicant’s Certification. Prior to the event that is the subject of public notice, the applicant shall provide the Director with an executed affidavit certifying that the requirements as to the applicant’s responsibility for the applicable forms of notice under this Division have been met. The Director shall make available sample certifications, that address all applicable forms of public notice required by this UDC.
4. Failure to Provide Notice; Defective Notice. Failure to timely provide the required affidavit, or evidence that a mailing list or notice letter was defective, shall be cause to suspend the review process until proper notice is provided. Such suspension may be ordered by the Director or body that is responsible for the meeting, hearing, or decision (e.g., neighborhood meeting, public hearing, or staff decision) that is the subject of the notice.
5. Continuation of Hearings and Neighborhood Meetings. A hearing or neighborhood meeting for which proper notice was given may be continued to a later date without again complying with the public notice requirements of this Division, provided that the date, time, and location of the continued hearing or meeting is announced to the public at the time of continuance.

Effective on: 11/20/2018

Public notice of pending administrative decisions, neighborhood meetings, or scheduled public meeting or public hearings shall be provided as set out in Table 18.14.04.02, Notice Requirements by Application Type.

(Ord. 6445 §11, 12/15/2020; Ord. 6753 §7, 02/08/2025)

Table 18.14.04.02 Notice Requirements by Application Type
Application Type	Notice Type
	Published2	Posted	Mailed	Internet
1. Annexation, Zoning and Rezoning
Annexation1
Zoning and Rezoning
2. Overlays
Enhanced Corridor Overlay Zone Designation	-
3. Development Plans, Permits, and Approvals
Certificate of Designation
Complete Neighborhood	-
Conceptual Master Plan	-
Creative Sign Program	-
Oil and Gas (Administrative Permit)	-
Oil and Gas (Planning Commission Permit)	-
Sketch Site Development Plan	By Land Use Classification. See Subheading 9 of this Table
Site Development Plan	By Land Use Classification. See Subheading 9 of this Table
4. Subdivisions, Plats, and Vacations
Final Plat3	-
Sketch Plat 3	-
Vacation of Easement	-	-
Vacation of Obsolete Subdivision
Vacation of Right-of-Way or Access Easement by Ordinance
5. Planned Unit Developments
Sketch Plat with GDP	-
Sketch Site Development Plan with GDP	-
Zoning Document
6. Variances, Appeals, Modifications, Exceptions and Conversions
Adequate Community Facilities (ACF) Exception	-
Appeal of Director Decisions	-	-
Appeal of Planning Commission Decision	-	-
Height Exception	-
Nonconforming Building or Structure, Conversion to Conforming Building or Structure (Public Hearing)	-
Nonconforming Use, Conversion to Conforming Use (Public Hearing)	-
Oil and Gas Overlay Zone Variance	-
Oil and Gas Variance	-
Variance	-
7. Vested Rights
Vested Rights (and Extension of Vested Rights)
8. Amendments
Annexation Agreement Amendment	-
Comprehensive Plan Amendment (major)
Conceptual Master Plan Amendment (major)	-
Flexible Overlay Plan Amendment (major)	-
Major Amendment	Same notice type as the original application
UDC Amendment (major)		-	-
Zoning Document Amendment (major)
9. Land Use Classifications
Adaptable Use4	-
Conditional Use4	-

Effective on: 2/18/2025

1. A.
   Generally. Table 18.14.04.03, Information Requirements by Application Type, sets out the information that is required for each type of required notice. Information requirements for appeal notices are set out in subsection B., below, and information requirements for vested rights notices are set out in subsection C., below.

Table 18.14.04.03 Information Requirements by Application Type
Required Information	Notice Type
	Published	Posted	Mailed	Internet
Application Information
The application type(s) for which notice is provided
Case number
Project name
Vicinity map identifying the site with respect to major cross-streets and community landmarks	-	-
Address of the subject property		-
Legal description of subject property, or if lengthy, a statement that the legal description of the subject property is on file with current planning division		-
Applicant name		-
Project Description
Existing zoning and proposed zoning, if the application is for zoning or rezoning		-
Summary of proposed development, including subject matter of application		-
Contact Information
Primary contact (applicant or applicant's representative) (name, company name, phone number, email address)	-	-
Secondary contact1	-
URL where additional project information is provided	-
Additional Contents for Public Hearing Notices and Neighborhood Meetings
Time, date, and location of public hearing or neighborhood meeting
A statement that interested parties may appear and speak on the matter at the neighborhood meeting and public hearing and/or file written comments with the current planning division, and that the right to appeal a Director or Planning Commission decision may be limited by Division 18.14.05, Appeals, Loveland Unified Development Code	-	-
Additional Contents for Administrative Decision Notices
Deadline for public comments for a sketch or final plat	N/A
Deadline for appeal of an adaptable use	N/A	-
Earliest date for administrative decision on application	N/A	-
A statement that the right to appeal an administrative decision may be limited by Division 18.14.05, Appeals, Loveland Unified Development Code	N/A	-
1 Posted notice must contain the current planning division phone number. Mailed notice must contain the reviewing planner's name, phone number, and email address.

Table 18.14.04.03 Information Requirements by Application Type
Required Information	Notice Type
	Published	Posted	Mailed	Internet
Application Information
The application type(s) for which notice is provided
Case number
Project name
Vicinity map identifying the site with respect to major cross-streets and community landmarks	-	-
Address of the subject property		-
Legal description of subject property, or if lengthy, a statement that the legal description of the subject property is on file with current planning division		-
Applicant name		-
Project Description
Existing zoning and proposed zoning, if the application is for zoning or rezoning		-
Summary of proposed development, including subject matter of application		-
Contact Information
Primary contact (applicant or applicant's representative) (name, company name, phone number, email address)	-	-
Secondary contact1	-
URL where additional project information is provided	-
Additional Contents for Public Hearing Notices and Neighborhood Meetings
Time, date, and location of public hearing or neighborhood meeting
A statement that interested parties may appear and speak on the matter at the neighborhood meeting and public hearing and/or file written comments with the current planning division, and that the right to appeal a Director or Planning Commission decision may be limited by Division 18.14.05, Appeals, Loveland Unified Development Code	-	-
Additional Contents for Administrative Decision Notices
Deadline for public comments for a sketch or final plat	N/A
Deadline for appeal of an adaptable use	N/A	-
Earliest date for administrative decision on application	N/A	-
A statement that the right to appeal an administrative decision may be limited by Division 18.14.05, Appeals, Loveland Unified Development Code	N/A	-
1 Posted notice must contain the current planning division phone number. Mailed notice must contain the reviewing planner's name, phone number, and email address.

Table 18.14.04.03 Information Requirements by Application Type
Required Information	Notice Type
	Published	Posted	Mailed	Internet
Application Information
The application type(s) for which notice is provided
Case number
Project name
Vicinity map identifying the site with respect to major cross-streets and community landmarks	-	-
Address of the subject property		-
Legal description of subject property, or if lengthy, a statement that the legal description of the subject property is on file with current planning division		-
Applicant name		-
Project Description
Existing zoning and proposed zoning, if the application is for zoning or rezoning		-
Summary of proposed development, including subject matter of application		-
Contact Information
Primary contact (applicant or applicant's representative) (name, company name, phone number, email address)	-	-
Secondary contact1	-
URL where additional project information is provided	-
Additional Contents for Public Hearing Notices and Neighborhood Meetings
Time, date, and location of public hearing or neighborhood meeting
A statement that interested parties may appear and speak on the matter at the neighborhood meeting and public hearing and/or file written comments with the current planning division, and that the right to appeal a Director or Planning Commission decision may be limited by Division 18.14.05, Appeals, Loveland Unified Development Code	-	-
Additional Contents for Administrative Decision Notices
Deadline for public comments for a sketch or final plat	N/A
Deadline for appeal of an adaptable use	N/A	-
Earliest date for administrative decision on application	N/A	-
A statement that the right to appeal an administrative decision may be limited by Division 18.14.05, Appeals, Loveland Unified Development Code	N/A	-
1 Posted notice must contain the current planning division phone number. Mailed notice must contain the reviewing planner's name, phone number, and email address.

Table 18.14.04.03 Information Requirements by Application Type
Required Information	Notice Type
	Published	Posted	Mailed	Internet
Application Information
The application type(s) for which notice is provided
Case number
Project name
Vicinity map identifying the site with respect to major cross-streets and community landmarks	-	-
Address of the subject property		-
Legal description of subject property, or if lengthy, a statement that the legal description of the subject property is on file with current planning division		-
Applicant name		-
Project Description
Existing zoning and proposed zoning, if the application is for zoning or rezoning		-
Summary of proposed development, including subject matter of application		-
Contact Information
Primary contact (applicant or applicant's representative) (name, company name, phone number, email address)	-	-
Secondary contact1	-
URL where additional project information is provided	-
Additional Contents for Public Hearing Notices and Neighborhood Meetings
Time, date, and location of public hearing or neighborhood meeting
A statement that interested parties may appear and speak on the matter at the neighborhood meeting and public hearing and/or file written comments with the current planning division, and that the right to appeal a Director or Planning Commission decision may be limited by Division 18.14.05, Appeals, Loveland Unified Development Code	-	-
Additional Contents for Administrative Decision Notices
Deadline for public comments for a sketch or final plat	N/A
Deadline for appeal of an adaptable use	N/A	-
Earliest date for administrative decision on application	N/A	-
A statement that the right to appeal an administrative decision may be limited by Division 18.14.05, Appeals, Loveland Unified Development Code	N/A	-
1 Posted notice must contain the current planning division phone number. Mailed notice must contain the reviewing planner's name, phone number, and email address.

2. B.
   Appeal Notices. Notices of an appeal must include a copy of the petition for appeal and a date, time, and location for the appeal hearing, a copy of the rules of procedure for the Appellate Body. Such notices must be mailed to the applicant (if different from the appellant), the appellant, any person or entity that has applied for party status, and by internet posting.
3. C.
   Vested Rights Notices. Notice of a decision to grant vested rights shall be published in accordance with the requirements of C.R.S. § 24-68-101, as it may be amended from time to time.

Ord. 6445 §6, 12/15/2020

Effective on: 12/29/2020

1. A.
   Mailed Notice.

   1. 1.
      Certified Mailing List. The applicant shall submit a certified mailing list to the Director, including the names and addresses of all surface owners of record of all properties within the Notice Area described in Table 18.14.04.04, Notice Area, as may be modified pursuant to subsection A.3., below. The list shall be compiled from the names and addresses that appear in the records of the Larimer County Assessor not more than 30 days before the date the list is submitted to the Director.
   2. 2.
      Method of Mailing. Mailed notice shall be mailed first-class, postage pre-paid (by the applicant, at the applicant’s expense), to all property owners on the certified mailing list.
   3. 3.
      Modification of Notice Area.

      1. a.
         Subject Property Adjacent to Lake, Golf Course, or Park.

         1. 1.
            In general, if the subject property adjoins a lake, golf course, or park (including properties that are separated from the lake, golf course, or park by an undevelopable parcel of land up to 50 feet in width), the notice shall area shall be doubled in the direction of the lake, golf course, or park.
         2. 2.
            The Director may expand the required notice area to include up to all properties that adjoin the same lake, golf course, or park if the Director reasonably anticipates that the proposal may impact the use, enjoyment, or viewshed of the other properties beyond the distance specified in subsection A.3.a.i., above.
      2. b.
         Reduction in Notice Area for Infill Projects. Subject to subsection A.3.c., below, the distances in Table 18.14.04.04, Notice Area, shall be reduced by 50 percent for applications related to infill projects (except for oil and gas permits and variances) that are less than five acres in area. For the purposes of this provision, a project is an “infill project” if it is adjacent, on at least eighty percent of its boundary, to properties within the existing City limits.
      3. c.
         Expansion of Notice Area. The distances in Table 18.14.04.04, Notice Area, may be expanded up to twice the specified distance if the Director reasonably anticipates that due to unusual elements of the application, material interest or concern regarding the application from community members beyond the required distance is probable. The reduction in notification area as described in subsection A.3.b., above, shall not apply when there is an expansion of the Notice Area pursuant to this provision.
      4. d.
         Notice to Applicant Regarding Expanded Notice Area. The Director shall notify the applicant in writing of any determination to expand the required notification area, including the reasons for the expansion, at least seven days prior to the deadline for postmarking the notice as set forth in subsection A.4., below.
   4. 4.
      Deadlines. Mailed notices shall be postmarked not later than:

      1. a.
         10 days before an administrative decision for which neighborhood notice and comment is required; or
      2. b.
         15 days before a neighborhood meeting, public hearing, or appeal.
   5. 5.
      Affidavit of Compliance. An affidavit of the applicant’s compliance with the mailed notice requirements shall be provided to the Director prior to the decision or public hearing to which the notice relates. For mailed notices of public hearings, failure to provide the affidavit of compliance shall result in continuation of the public hearing.

2. B.
   Additional Requirements for Published Notice.

   1. 1.
      Generally. Published notice shall be published at the applicant’s expense in a newspaper of general circulation in the City that is published not less frequently than weekly.
3. C.
   Posting Requirements.

   1. 1.
      Signs to be Posted by Applicant. Posted notice shall be provided on signs provided by the applicant at the applicant’s expense. It is the applicant’s responsibility to post the sign(s) and ensure that they remain in place from the date of posting to the date of the decision or hearing to which they relate.
   2. 2.
      Minimum Requirements. Posted notice shall be provided with one sign per abutting street frontage. For property with more than 1,500 feet of street frontage, two signs shall be posted. Signs shall be placed in a manner that makes them clearly visible to neighboring residents and passers-by. The posting location shall be in accordance with a posting plan submitted by the applicant and approved by the Director to afford the best notice to the public. Such notice shall be in compliance with the sign specifications, materials and template approved by the Director. Signs shall be located so that they are clearly visible from the adjoining street.
   3. 3.
      Deadline for Posting. Notices shall be posted not less than 10 days before the decision date (if the decision is administrative) or 15 days before the public hearing to which the notices relate.
   4. 4.
      Affidavit of Compliance. An affidavit of the applicant’s compliance with the posted notice requirements shall be provided to the Director prior to the decision or public hearing to which the notice relates. For posted notices of public hearings, failure to provide the affidavit of compliance shall result in continuation of the public hearing.
4. D.
   Internet Requirements. The City shall create and maintain web pages upon which Director shall provide timely notice of applications and decisions for which Internet notice is required. Such internet notice shall provide, at a minimum, a way for interested persons to request an opportunity to review the application materials; and may provide for electronic access to the application materials.

(Ord. 6636 §42, 09/05/2023; Ord. 6709 §4, 07/16/2024; Ord. 6709 §4, 07/16/2024; Ord. 6753 §8, 02/08/2025)

Effective on: 2/18/2025

The notification of mineral estate owners of the property which is the subject of a public hearing shall be given by the applicant at least 30 days prior to the public hearing in accordance with the requirements of the Colorado Notification of Surface Development Act, C.R.S. § 24-65.5-101, et seq. (“CNSDA”). An affidavit of the applicant’s compliance with such requirements shall be provided to the Director prior to the public hearing for which the notice was given and shall meet the provisions of CNSDA.

Effective on: 11/20/2018

The purpose of administrative appeals is to provide an opportunity for affected parties to seek review of a final decision of the Director or Planning Commission (the “Decision Below”) to ensure that it is correct.

Effective on: 11/20/2018

Appeals shall be heard by the Planning Commission or the City Council. The Planning Commission shall hear appeals from final decisions of the Director. The City Council shall hear appeals from final decisions of the Planning Commission, except that the City Council shall not hear appeals of decisions made in the Planning Commission’s role as an appellate body.

Effective on: 11/20/2018

1. Generally. Appeals may be brought only by parties to the Decision Below.
2. Qualifications. A person or entity is a “party” if the person is:
   1. The applicant;
   2. An adjoining property owner;
   3. A property owner who received mailed notice of an application for which a neighborhood meeting was required, and attended the neighborhood meeting or provided written comments to the Director before the Director’s decision; or
   4. A property owner who received mailed notice of public hearing and either participated in the public hearing or provided written comments to the Director at or before the public hearing.

Effective on: 11/20/2018

1. Generally. An appeal of a Decision Below is initiated by filing a petition, along with the required fee, with the Director.
2. Contents of Petition. The petition for appeal shall include all of the following information:
   1. The name, address, email address; and telephone number of the appellant.
   2. The planning project number of the application that is the subject of the appeal.
   3. The date of the decision that is the subject of the appeal.
   4. The reasons why the petitioner should be granted party status pursuant to Section 18.14.05.03, Party Status Required.
   5. A short statement regarding how the decision did not conform to the applicable requirements of this UDC. The statement shall:
      1. Refer to the specific section numbers upon which the appellant relies; and
      2. Describe how the decision did not conform to the referenced UDC sections.
3. Timing. The petition for appeal shall be filed within 10 business days after the date of the decision that is the subject of the appeal.

Effective on: 11/20/2018

1. Consultation with City Attorney. The Director shall promptly confer with the City Attorney on all petitions for appeal in order to determine:
   1. Whether the petitioner has party status pursuant to Section 18.14.05.03, Party Status Required; and
   2. Whether the petitioner has provided sufficient detail in the petition to put the City on notice as to the legal basis of the appeal.
2. Threshold Findings.
   1. If the Director finds that the petitioner does not have party status or that the petition lacks the required specificity, then the Director shall summarily deny the appeal, and the Director shall notify the petitioner of the findings made as the basis for denial.
   2. If the Director finds that the petitioner has party status and that the petition includes the required level of specificity, then:
      1. The Director shall notify the petitioner and the applicant (if different) that the appeal has been accepted for review;
      2. The Director shall promptly provide internet notice and place the item on the agenda of the Planning Commission or City Council, as appropriate, for the meeting that is set out in the notice;
      3. The Director shall notify the petitioner that the petitioner must provide mailed notice as required by Division 18.14.04, Required Notices, and that failure to timely provide such notice shall be grounds for denial of the appeal.
3. Effect of Threshold Decision. Decisions of the Director regarding threshold review are not subject to review under this Division 18.14.05, Appeals.

Effective on: 11/20/2018

Administrative appeals shall be decided according to the same standards that applied to the Decision Below.

Effective on: 11/20/2018

1. Generally. The scope of appellate review is limited to the issues raised in the petition. Issues that are not described or obviously implied by the petition will not be considered on appeal.
2. New Evidence. New evidence shall not be introduced on appeal.

Effective on: 11/20/2018

1. Generally. Upon review of the record evidence together with the arguments advanced on appeal, the Appellate Body shall determine whether the Decision Below was correct based on the evidence presented to the original decision-maker and the applicable Code provisions.
2. Nature of Relief on Appeal.
   1. If the Decision Below was incorrect, the Appellate Body shall reverse and correct the Decision Below, and approve the original application, approve the original application with appropriate conditions, or deny the original application.
   2. If the Decision Below was correct, the Appellate Body shall affirm it.
   3. If the Decision Below is partially correct, the Appellate Body may affirm part, deny part, or place conditions on the original application.
3. Decisions Reduced to Writing. The decision of the Appellate Body shall be promptly reduced to writing and shall include findings of fact and conclusions of law. The written decision shall be reviewed and executed by a member of the Appellate Body (as appropriate) who is designated by the members who cast votes in the majority.
4. Further Appeal. The decision of the Appellate Body is a final quasi-judicial decision of the City that may be appealed to a court pursuant to the applicable Colorado Rules of Civil Procedure. The date of execution of the written decision shall be considered the date the appeal was adjudicated.

Effective on: 11/20/2018

The purposes of this Chapter are:

1. To set out a program to ensure that the community facilities that are needed to support new development either meet or exceed adopted level of service standards;
2. To ensure that no development approval is granted or issued that would result in a reduction in the levels of service for any community facilities below the adopted level of service;
3. To ensure that the adequate community facilities that are needed to support new development are available concurrent with the impacts of such development;
4. To establish uniform procedures for the review of the adequacy of community facilities that are needed to service new development;
5. To facilitate the implementation of goals and policies as set forth in the Comprehensive Plan relating to adequacy of community facilities; and
6. To ensure that all applicable legal standards and criteria are properly incorporated in these procedures and requirements.

Effective on: 11/20/2018

1. Generally. Except as provided in subsection C., below:
   1. The provisions of this Chapter shall apply to all applications for development approval of:
      1. A preliminary or final development plan;
      2. A final site development plan; or
      3. A final plat.
   2. Preliminary determinations of adequacy pursuant to Section 18.15.02.03, Preliminary Determination of Adequacy, may be issued for:
      1. A preliminary development plan;
      2. A sketch site development plan; or
      3. A sketch plat.
2. Determination of Adequacy Required. No application for development approval shall be approved unless a positive determination of adequacy or a positive determination of adequacy subject to conditions has been made by the City in accordance with this Chapter.
3. Exemptions.
   1. North Cleveland Overlay Zone. This Chapter does not apply to land within the North Cleveland Overlay Zone (see Section 18.02.02.02, Overlay Zones Established).
   2. Development Without Material Marginal Impacts. This Chapter does not apply to any use, development, project, structure, fence, sign, or activity that does not result in any of the following:
      1. The creation of a new commercial or industrial use, building, or structure; or
      2. The development of more than 12 net new dwelling units; or
      3. An increase in floor area of an existing commercial or industrial use, building, or structure; or
      4. An increase in the number of dwelling units in an existing multi-family residential structure.
   3. Vested Rights.
      1. Nothing in this Chapter shall limit or modify the rights of an applicant to complete any development for which the applicant has obtained and possesses a vested right to undertake and complete the development pursuant to C.R.S. § 24-68-101, et seq., as implemented by Section 18.14.03.15, Vested Rights, or pursuant to Colorado law.
      2. If an applicant has, by decisions in reliance on prior approvals and regulations, obtained and possesses vested rights that by law prevent the City from changing those regulations in a manner adverse to the applicant’s interests, nothing in this Chapter shall be deemed to authorize the City to abridge those rights.
   4. City Council May Grant Exceptions. City Council may grant exceptions to this Chapter provided the application for such an exception includes either a sketch plat, sketch site development plan, or site development plan in compliance with Division 18.17.11, Sketch Site Development Plans and Site Development Plans, and City Council finds:
      1. Granting the exception will not be detrimental to the public welfare or injurious to other property in the vicinity in which said property is situated or in conflict with the purpose and objectives of the Loveland Comprehensive Plan; and
      2. Either:
         1. There are special circumstances or conditions affecting said property which creates practical difficulties upon the applicant; or
         2. The development for which exceptions are sought is of such extraordinary commercial, social, or cultural merit that the potential benefits to the community outweigh the intangible costs to the community created by the exception.
   5. DT Zone. In the DT Zone, the City Engineer may grant exceptions to this Chapter for alley levels of service in accordance with Section 1.9.4 of the City of Loveland Street Standards.
4. Development Agreements. A development agreement may include provisions related to a determination of adequacy, including but not limited to the duration of the determination, conditions attached to the determination, project phasing requirements, and financial guarantees.
5. Effect of Determination. A determination of adequacy or exemption from adequacy is intended only to demonstrate compliance with this Chapter, and shall not affect the otherwise operable and applicable provisions of this UDC or other City Codes or Standards, all of which shall be operative and remain in full force and effect without limitation.

Ord. 6471 §3, 06/15/2021

Effective on: 8/1/2021

1. Rules and Regulations. The Director may promulgate any necessary rules, regulations, administrative guidelines, forms, worksheets, or processes to efficiently and fairly administer and implement this Chapter. The Director is authorized to maintain and update the appendices referenced in this Chapter, in consultation with affected departments and service providers.
2. Administrative Fees. The City Council may establish, by ordinance or resolution, fees and a fee schedule for each of the administrative procedures, determinations, approvals, and certifications required by this Chapter.
3. Conflict. To the extent of any conflict between the City Charter, the UDC, ordinances, resolutions, or regulations and this Chapter, the more restrictive is deemed to be controlling. This Chapter is not intended to amend or repeal any existing ordinance, resolution, or regulation.

Effective on: 11/20/2018

1. Generally. The Director shall promulgate such application materials, forms, or checklists as necessary to ensure that applicants provide sufficient information to allow the City to determine the projected impact of proposed development on community facilities.
2. Minimum Requirements. The Director shall require, at a minimum, the following information:
   1. The total number and type of structures or dwelling units, and gross density of the proposed development;
   2. The number of dwelling units or the use, type, and floor area of nonresidential uses, structures, or buildings that will be removed from the subject property;
   3. The location of the subject property;
   4. An identification of the community facilities impacted by the proposed development;
   5. If an applicant seeks an exemption from the requirements of this Chapter based upon a claim that the applicant has obtained and possesses a vested right to undertake and complete the development, information sufficient to permit the City to determine the validity of the applicant's claim of exemption;
   6. Any information required by this Chapter for specific City facilities; and
   7. Any other appropriate information as may be deemed necessary by the City in evaluating the adequacy of community facilities consistent with the provisions of this Chapter.

Effective on: 11/20/2018

An applicant may request a non-binding preliminary determination of adequacy for any type of application for which a preliminary determination of adequacy is allowed by Section 18.15.01.02, Application of Chapter. The preliminary determination of adequacy does not, itself, reserve capacity in any community facilities. However, it may be used to identify capacity issues that may affect proposed development, to identify potential conditions of development approval, and to support terms within a development agreement that provide for the construction or installation of community facilities.

Effective on: 11/20/2018

1. Generally. The development review team shall evaluate:
   1. The number and type of structures or units proposed by the applicant;
   2. The proposed timing and phasing of the development, if applicable;
   3. The specific community facilities impacted by the proposed development;
   4. The extent of the new impact of the proposed development on all community facilities;
   5. The capacity of existing community facilities serving the proposed development that will be impacted by the proposed development, based on the adopted level of service;
   6. The demand on the existing capacity of community facilities from all existing and approved development;
   7. The availability of existing capacity to accommodate the proposed development;
   8. If existing capacity is not available, any capacity that is planned to be added and the year in which such planned capacity is projected to be available to serve the proposed development; and
   9. If the applicant seeks an exemption from the requirements of this Chapter based upon a claim that the applicant has obtained and possesses a vested right to undertake and complete the development, a determination of vested rights from the Director and an opinion regarding same from the City Attorney.
2. Positive Recommendation of Adequacy. If the development review team determines that each community facility will be available concurrent with the impacts of the proposed development at the applicable adopted levels of service, the development review team shall make a positive recommendation of adequacy.
3. Negative Recommendation of Adequacy or Conditional Positive Recommendation of Adequacy. If the development review team determines that any community facility will not be available concurrent with the impacts of the proposed development at the applicable adopted level of service based upon existing community facilities, the development review team may:
   1. Make a positive recommendation regarding adequacy, with appropriate conditions that are consistent with any combination of the following:
      1. Deferral of further development approval until all community facilities are available and adequate if community facilities are not available and adequate to meet the adopted level of service for the development proposal;
      2. Reduction of the density or intensity of the proposed development, including conditions regarding the phasing of the development, to a level consistent with the available capacity of the community facilities;
      3. Provision by the applicant of the community facilities necessary to provide capacity to accommodate the proposed development at the adopted level of service and at the time that the impact of the proposed development will occur; or
      4. Any other reasonable conditions to ensure that all community facilities will be adequate and available concurrent with the impacts of the proposed development, or concurrent with the planned extension of the community facility by the City; or
   2. If the circumstances do not allow for a positive recommendation of adequacy with conditions, make a negative recommendation regarding adequacy.
4. Report and Recommendations.
   1. A written recommendation of adequacy by the development review team shall include a report addressing and summarizing the development review team’s evaluation.
   2. The development review team’s recommendation of adequacy shall be made part of any staff report accompanying any administrative, Planning Commission, or City Council review of an application for development approval to which this Chapter applies.

Effective on: 11/20/2018

Following receipt of the recommendation of adequacy, and as part of the City’s procedures for review and final approval of any application for development approval to which this Chapter applies, and subject to compliance with all other standards applicable to the application and requested approval, the City Council, or other board, commission, or administrative staff member vested with authority to approve development may:

1. Make a positive determination of adequacy; or
2. Make a positive determination of adequacy with appropriate conditions consistent with the conditions contained in Section 18.15.02.04, Recommendation Regarding Adequacy; or
3. Make a negative determination of adequacy.

Effective on: 11/20/2018

1. Effect. A positive determination of adequacy shall be deemed to indicate that community facilities are or will be available and adequate to serve the proposed development until such time that the determination of adequacy expires. No application for development approval that is subject to this Chapter shall be approved unless a positive determination of adequacy or a positive determination of adequacy subject to conditions has been made by the City.
2. Expiration. A positive determination of adequacy issued pursuant to this Chapter shall be deemed to expire at the earlier of:
   1. The expiration, waiver, lapse, or revocation of the development approval for which the positive determination of adequacy was issued; or
   2. Failure by the applicant to timely comply with the conditions attached to a positive determination of adequacy; or
   3. Two years following the date of issuance of a positive determination of adequacy.

Effective on: 11/20/2018

1. Level of Service Standards. Compliance with level of service standards shall be measured in accordance with the standards set forth in this Chapter, the City of Loveland Street Standards, or other adopted development standards, as they may be amended from time to time.
2. Range of Impacts. Any proposed development that could result in a range of potential impacts shall be reviewed as if the greatest impact shall result. The review and evaluation of community facilities required by this Chapter shall compare the capacity of community facilities to the maximum projected demand that may result from the proposed development.
3. Existing Demand and Capacity. Where the adequacy and availability of a community facility is based upon an evaluation of available capacity, the existing demand upon the community facility shall be determined by adding together:
   1. The existing demand placed upon the community facility from all users whether within or outside of the City;
   2. The projected demand for the community facility created by the anticipated completion of approved but uncompleted development; and
   3. The projected demand upon the community facility created by the anticipated completion of any proposed developments for which information about adequate community facilities has been submitted to the City pursuant to this Chapter.
4. Capacity Improvements. No improvement proposed or undertaken to increase existing capacity of a community facility or an improvement proposed to be made to avoid a deterioration in the adopted levels of service shall be accepted by the City unless the improvement is a planned capital improvement included within the City’s capital improvement program, appropriate facility master plan or development standards, or unless the improvement is determined by City Council to directly and substantially advance one or more established goals or policies of the City. An applicant’s commitment to construct or expand a community facility prior to the issuance of a building permit may be included as a condition of the determination of adequacy and any such commitment shall include, at a minimum, the following:
   1. A finding that the planned capital improvement is included within the capital improvement program, appropriate facility master plan or development standards;
   2. An estimate of the total funding needed to construct the planned capital improvement and a description of the cost associated therewith;
   3. A schedule for commencement and completion of construction of the planned capital improvement with specific target dates for multi-phase or large-scale capital improvement projects;
   4. A statement, based on analysis, that the planned capital improvement is consistent with the Comprehensive Plan; and
   5. At the option of the City and pursuant to an agreement between the City and the applicant, and only if the planned capital improvement will provide capacity exceeding the demand generated by the proposed development, reimbursement to the applicant for the pro rata cost of providing the excess capacity.

Effective on: 11/20/2018

Fire protection and emergency rescue services shall be deemed to be adequate and available for a proposed development, provided that:

1. Adequate fire protection services and emergency rescue services are currently in place; or
2. Provision of adequate fire protection services and emergency rescue services as required by Loveland Fire Rescue Authority are a condition of the development application approval and are guaranteed to be provided at or before the approval of a final plat or issuance of the first building permit for the proposed development; or
3. Facilities necessary for providing adequate fire protection services and emergency rescue services are under construction and will be available at the time that the impacts of the proposed development will occur; or
4. Provision of fire protection services and emergency rescue services are guaranteed by an executed and enforceable development agreement which ensures that such services will be in place at the time that the impacts of the proposed development will occur.

Effective on: 11/20/2018

Transportation facilities shall be deemed to be adequate and available for a proposed development if the development meets or exceeds the applicable adopted level of service provided in Section 4.5 of the City of Loveland Street Standards, and:

1. All transportation facilities are currently in place or will be in place prior to issuance of a building permit for the development; or
2. Provision of transportation facilities are a condition of the development approval and are guaranteed to be provided at or before the approval of a final plat or issuance of the first building permit for the proposed development; or
3. Transportation facilities are under construction and will be available at the time that the impacts of the proposed development will occur; or
4. Provision of transportation facilities needed to achieve the adopted level of service are guaranteed by an executed and enforceable development agreement which ensures that such facilities will be in place at the time that the impacts of the proposed development will occur; or
5. Transportation facilities needed to achieve the adopted level of service are included in the capital improvements program; and
   1. The capital improvements program contains a financially feasible funding system from available revenue sources which are adequate to fund the streets required to serve the proposed development, and
   2. The transportation facilities are likely to be constructed and available at the time that the impacts of the proposed development will occur, or at the time the city extends the transportation facilities to provide a logical link to the project.

Effective on: 11/20/2018

Water facilities and services shall be deemed to be adequate and available for a proposed development if such facilities and services for the development meet or exceed the applicable adopted level of service standards provided below and in the Water and Wastewater Standards:

1. A supply of raw water adequate to serve the projected needs of the proposed development is owned or controlled by the City and such water supply is or will be available for use by the proposed development prior to the issuance of the first building permit within the proposed development;
2. Sufficient raw water storage capacity, including on-site and off-site capacity, is available to serve the proposed development and such capacity is or will be available for use by the proposed development prior to the issuance of the first building permit within the proposed development;
3. Sufficient water treatment capacity is available or, through new capacity improvements will be made available, to ensure a supply of potable water to the proposed development prior to the issuance of the first building permit within the proposed development;
4. Sufficient water main capacity and pressure (during max-day demand scenarios) will be available or, through new capacity, pumping, or storage improvements will be made available, to serve the proposed development prior to the issuance of the first building permit within the proposed development; and
5. If service is not provided by the City then the above requirements need to be met by another water service provider.

Effective on: 11/20/2018

Wastewater facilities and services shall be deemed to be adequate and available for a proposed development if such facilities and services meet or exceed the applicable adopted level of service standards provided below and in the Water and Wastewater Standards:

1. Sufficient wastewater treatment (both hydraulic and organic) capacity is available or, through construction of new capacity improvements will be made available, to treat waste generated by the proposed development prior to the issuance of the first building permit within the proposed development;
2. Sufficient wastewater trunk line capacity (during peak flow scenarios) is available and, where required, lift station capacity is available to serve the proposed development prior to the issuance of the first building permit within the proposed development; and
3. If service is not provided by the City, then the above requirements shall be met:
   1. By another wastewater service provider; or
   2. If a private wastewater disposal system is proposed, it is permitted through Larimer County.

Effective on: 11/20/2018

Stormwater facilities shall be deemed to be adequate and available for a proposed development if the development meets or exceeds the applicable adopted level of service, and:

1. The proposed development meets all applicable requirements contained in the City of Loveland Master Drainage Plan, including the City of Loveland Storm Drainage Criteria; and
2. The proposed development provides for adequate major drainage facilities to convey stormwater flows from a one hundred year storm event which will minimize property damage; and
3. The proposed development meets all applicable drainage requirements of the City.

Effective on: 11/20/2018

Power facilities shall be deemed to be adequate and available for a proposed development provided:

1. The development will obtain utility services from the City through a system that meets all engineering and design standards that are applicable to the utility, as set out in the document entitled “Requirements for Electric Services”;
2. Adequate substation and feeder capacity will be maintained to supply all electric customers during summer and winter peak loading conditions in the event of the loss of one substation, transformer, or switchgear line-up; and
3. System voltages will be maintained to provide nominal customer voltage at the delivery point in accordance with the latest version of the American National Standard for Electric Power Systems and Equipment—Voltage Ratings (60 Hertz) (ANSI C84.1).

Effective on: 11/20/2018

The purpose of this Chapter is to set out the required public improvements, dedications, and development-related fees, and to provide a process for waiver or deferment of fees in certain cases.

Effective on: 5/3/2022

1. A.
   Waivers and Deferrals. The City may authorize a fee waiver or deferral pursuant to Title 17, Affordable Housing Code.
2. B.
   Development Review Fees. Division 18.16.02, Development Review Fees, authorizes the City to impose fees to offset the City’s costs of development review.
3. C.
   Land Dedications and Fees-in-Lieu. Division 18.16.03, Land Dedications and Fees-in-Lieu, establishes standards for land dedication for certain public purposes, or for the payment of fees-in-lieu of land dedication in cases where the dedication of land is not practical.
4. D.
   Capital Expansion Fees. Division 18.16.04, Capital Expansion Fees, establishes fees on new development or expansions of existing development to provide for the expansion of the City’s capital facilities.
5. E.
   Affordable Housing. Title 17, Affordable Housing Code, establishes standards for the designation of a residential development as an affordable housing development, authorizes reductions in fees and taxes for affordable housing development, and provides for design flexibility to improve the affordability of housing.
6. F.
   Public Improvements. Division 18.16.06, Public Improvements, sets out the requirements for the installation of public improvements and for the provision of the associated warranties and financial guarantees, and provides a process for inspection and acceptance of public improvements.

Ord. 6636 §44, 09/05/2023

Effective on: 9/19/2023

1. Generally. Development review fees are required in order to offset the cost of processing application for development approval.
2. When Required. Development review fees shall be paid at the time of application, unless such fees are waived or deferred pursuant to subsection D., below.
3. Establishment of Fee Schedule. The City Council shall establish development review fees by resolution for each type of development approval set out in this Code.
4. Fee Waivers. An applicant may submit a written request to the Director for waiver or deferral of all or a portion of development review fees. The letter shall set forth the extent of the waiver or deferral requested and the reasons for the request. The Director shall review the request and forward the request and the Director’s recommendation to the City Council, which shall consider the item on its next available regular agenda.

Effective on: 11/20/2018

1. Purposes. The purposes of this Section are to:
   1. Create a rational system for identifying growth-related land needs and costs incurred by the school district in providing for new and expanded capital facilities made necessary by expanded population levels and economic activity levels;
   2. Develop a land dedication and fee structure that is directly related to such needs and costs; and
   3. Provide a method of dedication and collection of such land and fees.
2. Intent. It is the intent of this Section that:
   1. Such land dedication and fee imposition accurately reflect actual growth-related capital needs and costs;
   2. The system be understandable and inexpensive to apply;
   3. Policies and fees be subject to revision as conditions change; and
   4. The system be linked to a realistic capital improvements program that is designed to provide the facilities for which the land dedication requirements and fees-in-lieu are imposed.
3. School Dedication Requirement.
   1. Dedication or Fee-in-Lieu Required. There is imposed upon every land development project, as a condition which must be satisfied prior to requesting a final building inspection, proof that the appropriate land dedication has been made to the school district, or that the school district has been paid an in-lieu fee, in accordance with the land dedication and fee schedules adopted by the school district and approved by the city pursuant to intergovernmental agreement.
   2. Consultation with School District. Prior to or at the time that any proposed initial or modified land development project is submitted to the City for review, the applicant shall meet with the superintendent of the school district, or designee for the purpose of determining whether the school district desires the dedication of any land for schools within the land development project consistent with school district planning standards. In the event the dedication of sites or land areas is not deemed feasible or in the best interests of the school district as determined by the superintendent, or designee, the school district may require that the applicant pay the in-lieu fees as provided in this Section.
   3. Timing of Dedication or Payment. The requirement of land dedication and the payment of fees in-lieu of land dedication shall be imposed as a condition that must be satisfied prior to a request for final building inspection for all development for which building permits were applied for after the effective date of this ordinance, and upon all development which has been bound to such requirements by contract. If the applicant is required to pay the in-lieu fee, the fee shall be paid to the City, prior to a request for final inspection, and concurrently with the payment Capital Expansion Fees (see Division 18.16.04, Capital Expansion Fees).
4. Exemptions.
   1. The following shall be exempted from the land dedication and in-lieu fees requirements of this Section:
      1. Alteration or expansion of a dwelling unit that does not create a net increase in floor area that exceeds 1,000 square feet.
      2. Replacement of a dwelling unit such that the new dwelling unit contains not more than 1,000 square feet more floor area than the demolished dwelling unit.
      3. Construction of a non-dwelling unit accessory building or structure.
      4. Construction of an accessory residential dwelling unit according to the provisions of this Code.
      5. Nursing homes, independent living facilities, licensed, personal care boarding home (assisted living), Alzheimer homes, day care homes for mature adults (elder care homes), as defined in this chapter.
      6. City-approved planned residential developments that are subject to recorded covenants restricting the age of the residents of said dwelling units such that the dwelling units may be classified as “housing for older persons” pursuant to the Federal Fair Housing Amendments Act of 1988.
   2. Any claim of exemption under this subsection must be made in writing by the applicant no later than the time of application for a certificate of occupancy. Any claim not so made shall be deemed waived.
5. Payment to School District. All in-lieu fees collected by the city on behalf of the school district shall be paid over to the school district no less than monthly. Upon receipt of the in-lieu fees from the City, the school district shall properly identify the fees and promptly deposit the fees into a trust fund to be established and held as a separate account by the school district. The school district shall be the owner of the funds in the account and shall comply with the provisions of C.R.S. § 29-1-801, et seq.
6. Use of Funds. The funds deposited into the account shall be earmarked and expended solely to acquire, develop, or expand school educational sites, or for capital facilities planning, site acquisition or school site capital outlay purposes, within the senior high school feeder attendance area boundaries that include the land development project for which the fee was paid. Subject to the time limitations contained in this Section, the time for, nature, method, and extent of such planning or development shall be within the sole discretion of the school district.
7. Refunds. Any in-lieu fees which have not been expended by the school district for the purposes set forth in this Section within ten years of the date of collection shall be refunded, with interest at the rate of six percent per annum compounded annually, to the person who paid the fee. If applicable, notice of such refund opportunity shall be mailed to the payer’s address as reflected in the records maintained by the school district at the end of the ten-year period. If the person who paid the fee does not file a written claim for such refund with the school district within ninety days of the mailing of such notice, such refund shall be forfeited and shall revert to the school district to be utilized for capital facilities or improvements that will benefit the dwelling unit for which the fee was paid. Council may extend the ten-year expenditure deadline set forth herein upon the request of the school district for good cause shown and following public hearing.
8. Annual Report. The school district shall submit to the city an annual report on or before October 1st of each year describing the school district’s receipt of land dedications and expenditure of the in-lieu fees during the preceding fiscal year. This report shall include:
   1. A review of the assumptions and data upon which the methodology is based, including student generation ratios, and attendance area boundaries;
   2. Statutory changes or changes in the school planning standards or in City policies related to construction of school facilities; and
   3. Any recommended modifications to the land dedication and fee-in-lieu schedule.
9. Periodic Review. Council shall, at least every two years, review and update, as necessary, the land dedication and in-lieu fee schedule requirements as set forth in the intergovernmental agreement.

Effective on: 11/20/2018

1. Purpose. It is the purpose of this Division to adopt a rational system for identifying growth-related costs incurred by the City in providing for new and expanded capital facilities made necessary by expanded population levels and economic activity levels, to develop a fee structure therefor directly related to such costs and to provide a method for collection of such fees.
2. Intent. It is the intent of this Division that:
   1. Such fees accurately reflect actual growth-related capital costs;
   2. Once such costs are paid ongoing operating charges will be similar to charges imposed prior to such development;
   3. The system be understandable and inexpensive to apply;
   4. Policies and fees will be subject to revision as conditions change; and
   5. The system will be linked to a capital improvement program designed to provide the facilities for which the fees are imposed.

Effective on: 11/20/2018

1. A.
   Generally. There are imposed capital expansion fees upon:

   1. 1.
      Every additional dwelling unit of residential development listed in Table 18.02.03.02, Residential Land Use by Zone, except that clustered cottages and cottages on urban cottage lots shall be equivalent to 0.5 dwelling units;
   2. 2.
      Every additional square foot of buildings occupied by a use listed in Table 18.02.03.03, Special Residential Land Use by Zone, except that a Live-Work Unit shall be charged the fees for a dwelling unit;
   3. 3.
      Every additional square foot of buildings occupied by a use listed in Table 18.02.03.04, Hospitality, Recreation, and Entertainment Land Use by Zone, except Campground, Parks (Passive), and Parks (Active);
   4. 4.
      Every additional square foot of buildings occupied by a use listed in Table 18.02.03.05, Commercial Land Use by Zone;
   5. 5.
      Every additional square foot of buildings occupied by a use listed in Table 18.02.03.06, Community, Civic, Educational, and Institutional Land Use by Zone, except for Cemetery;
   6. 6.
      Every additional square foot of buildings occupied by a use listed in Table 18.02.03.07, Industrial, Processing, Recycling, Storage, and Disposal Land Use by Zone;
   7. 7.
      Every additional square foot of buildings occupied by a use listed in Table 18.02.03.08, Motor Vehicle and Transportation Land Use by Zone;
   8. 8.
      Every additional square foot of buildings occupied by a use listed in Table 18.02.03.09, Utility and Wireless Communications Land Use by Zone;
   9. 9.
      Every additional square foot of buildings, except dwelling units that shall be subject to the fees for a dwelling unit, occupied by a use listed in Table 18.02.03.10, Agricultural Land Use by Zone; and
   10. 10.
       Every additional dwelling unit or additional square footage of buildings occupied by a use determined by the Director to be functionally comparable to a use listed in Division 18.02.03, Land Use by Zone in accordance with Section 18.02.03.12, Uses That Are Not Listed.
2. B.
   Unlawful to Occupy or Use. It is unlawful for any person or entity to occupy or use any real property for any purpose for which a capital expansion fee is due and payable prior to having paid such capital expansion fee. Each day of such occupancy or use shall be a separate offense.
3. C.
   Amount of Fee. The amount of the capital expansion fee shall be established by resolution of the City Council.
4. D.
   Payment of Fee. Capital expansion fees shall be due and payable as follows:

   1. 1.
      For any activity requiring a certificate of occupancy, the fees shall be due and payable at the time that a final inspection for a certificate of occupancy is requested, except that if a temporary certificate of occupancy or other certificate of occupancy does not issue within 30 days after the call for inspection, the paid fees shall be returned to the party who paid such fees.
   2. 2.
      Upon a change in the use of property where the new use is in a different category for which additional or higher fees are applicable, such additional or higher fees shall be due and payable at the time that a final inspection is requested, but if no certificate of occupancy is required, then at such time as the new use is actually commenced.
   3. 3.
      For all other activities for which a certificate of occupancy is not required, including expansion or remodeling which creates additional dwelling units or additional square footage for commercial or industrial use, fees shall be due and payable at the time such additional space is actually occupied, except that a credit shall be received for all fees for the prior use.
   4. 4.
      Prior to recording any annexation map of property which contains a mobile home which existed on the property on or before July 1, 1984, or which contains the type of structure for which capital expansion fees are currently collected and for which a building permit was issued on or after July 1, 1984.
5. E.
   Administrative Deferment. The Director may allow a person to defer payment, of a portion of the capital expansion fees for unfinished space, if any, in proportion to the pro rata amount of such unfinished space. The length of such deferral shall be paid when put into use (when completed), but shall not exceed three years.
6. F.
   Review and Revision.

   1. 1.
      The fees imposed by this Division and moneys expended from the public works fund shall be reviewed as follows:

      1. a.
         The capital expansion fees shall be adjusted annually, effective January 1 of each year. The adjustment shall be equal to the percentage change in the construction cost index for the Denver area as set forth in the preceding year’s September issue of the Engineering News-Record published by McGraw Hill Companies. However, with respect to the street capital fee, the adjustment factor shall be equal to the most current preceding eight quarters’ average annual percentage change in the construction costs as determined by the Colorado Department of Transportation Construction Cost index.
      2. b.
         The City Manager shall report to the City Council, in conjunction with the presentation of the proposed budget, annually, on the actual and proposed expenditures and projects accomplished and to be accomplished from the public works fund.
   2. 2.
      Capital expansion fees shall be reviewed and approved by resolution of City Council at intervals of not more than five years.

Ord. 6636 §48, 09/05/2023

Effective on: 9/19/2023

1. Generally. As specified in this Section certain areas in the City and certain types of development are exempt from the payment of capital expansion fees. 
2. Historic Downtown Loveland. Any construction project within Historic Downtown Loveland, as described in Appendix D: Historic Downtown Loveland - Legal Description and Appendix D, Exhibit 1: Historic Downtown Loveland Map, is exempt from the capital expansion fees imposed by this Division and any building permit fees imposed upon a construction project by the City.
3. Accessory Dwelling Units. Capital expansion fees are not charged for accessory dwelling units that are 900 square feet or less in gross floor area, in accordance with Section 18.04.07.01, Accessory Dwelling Units.
4. City Projects. Any City-funded development and construction of buildings and facilities to be used for City purposes, except for those buildings and facilities built, maintained and operated by a City utility or enterprise, are exempt from the capital expansion fees imposed by this Division. 

Ord. 6445 §3, 12/15/2020

Effective on: 12/29/2020

1. Lien Created. All capital expansion fees shall be a perpetual lien upon the real property for which the fees are owed from the due date thereof, determined as set forth in Section 18.16.04.02 Capital Expansion Fees Imposed until paid and such lien shall have priority over all other liens except those for real property taxes.
2. Collection. If such fees are not paid when due, in addition to any other means provided by law, the City Clerk shall certify such delinquent charges to the treasurer of Larimer County and the charges shall be collected in the same manner as though they were part of the taxes.
3. Relationship to Approvals and Permits. The City reserves the right to withhold or revoke any permits, certificates or other approvals to any applicant who is delinquent in the payment of capital expansion fees.

Ord. 6445 §4, 12/15/2020

Effective on: 12/29/2020

1. Generally. Whenever an existing use on a lot is changed, a credit for capital expansion fees shall be calculated and made available for application as provided in paragraphs B. and C. below for the payment of any capital expansion fee imposed by Section 18.16.04.02 Capital Expansion Fees Imposed, in accordance with the following:
   1. The amount of the credit shall be the amount of capital expansion fees that would be due for a discontinued use as calculated in accordance with the then current capital expansion fees schedule. If no use is then in existence, the credit shall be based on capital expansion fees that would be due for the last previous use for which a certificate of occupancy or letter of completion was issued by the City.
   2. The amount of the credit shall be established at the time capital expansion fees for a new use are due under Section 18.16.04.02 Capital Expansion Fees Imposed.
2. Partial Change in Use. If a change in use occurs in only a portion of a structure that is physically separated and permitted for a single use, the credit shall be calculated only on that portion of the structure for which the use is changed. For example, if a lot includes a single structure of 20,000 square feet and the existing use being changed only pertains to a 5,000 square foot portion of the structure that is physically separated and permitted for a single use, the credit shall be determined based only on that 5,000 square feet.
3. Application of Credit on Single Lot.
   1. The credit shall be applied to capital expansion fees due for new uses established on the lot.
   2. If capital expansion fees for a new use on a lot are greater than the amount of the credit, the difference shall be due at the time set forth in Section 18.16.04.02 Capital Expansion Fees Imposed.
   3. If capital expansion fees for a new use on a lot are less than the amount of the credit, no additional capital expansion fees shall be due for the new use on the lot.
   4. Any excess capital expansion fee credit after application to a new use established on the lot from which it arose may be applied thereafter to each additional new use or change in use on the lot on a first-come, first-served basis, based on the date upon which a complete application for such development has been accepted by the City, except to the extent the credit has been previously used on other lots as provided in Subsection D. or E. below. Once an excess credit is established, the amount of that credit shall not be adjusted based on an increase in capital expansion fees, inflation or on any other basis.
4. Application of Credit to Site with Multiple Lots. Any remaining excess credit after application to a new use established on the lot from which it arose may be applied to each additional new use or change in use on adjacent lots within a site on a first-come, first-served basis, based on the date upon which a complete application for development for each new use has been accepted by the City.
5. Application of Credit Offsite. Any credit not used on a single lot or within a site may be used for capital expansion fees due for any new use established outside the lot or site only with buildings moved from the lot or site on a first-come, first-served basis, based on the date upon which a complete application for development has been accepted by the City.
6. Nature of Credit. Any capital expansion fee credit established under this section shall not constitute a property right of any kind and shall not be owned by the property owner or transferable or assignable by the property owner to any third party. Except as provided in paragraphs D. and E. above, credit shall remain with the lot from which it arises.

Effective on: 11/20/2018

City Council may, by resolution, grant an exemption from all or part of the requirements of this UDC related to the payment of capital expansion fees imposed by the City in accordance with Section 17.03.01.03, Loveland Municipal Code.

Effective on: 11/20/2018

The purposes of this Division are to set out:

1. 1.
   The procedures for installing public  and development improvements and financially securing incomplete improvements,
2. 2.
   Required times for completion or performance of public and development improvements,
3. 3.
   The requirements for early building permits, and
4. 4.
   The required warranty for public improvements.

Ord. 6547 § 04/19/2022

Effective on: 5/3/2022

1. A.
   For purposes of this Division 18.16.06, the following definitions shall apply:

   1. 1.
      “Development improvements” shall mean those improvements installed or to be installed within the development area outside of the public right-of-way, including but not limited to landscaping and hardscaping, irrigation water meter, and common area amenities (such as play areas, benches, gazebos, perimeter fencing).
   2. 2.
      “Minimum Final Public  improvements” shall mean, with respect to early residential building permits, final lift of street pavement, private alleyways and private drive aisles, permanent traffic control and street name signs, pavement markings, sidewalks within the site, initial acceptance of water mains, initial acceptance of wastewater mains, electrical distribution improvements including street lighting, common area improvements (landscaping, private lighting, sidewalks, trails, benches, site amenities, irrigation meter/system), site landscaping, landscaping in the right-of-way, and conditioned off-site improvements or improvements adjacent to the development (including but not limited to road or intersection, signage, medians, utilities).
   3. 3.
      “Final Public improvements” shall mean, with respect to early residential building permits, dry utilities (including but not limited to gas, cable, television).
   4. 4.
      “Preliminary Public improvements” shall mean, with respect to early residential building permits, survey monuments, all-weather access to construction site, overlot grading, temporary street name signs, temporary erosion control, initial lift of street pavement, stormwater inlets and piping (public and private), water mains including hydrants and meter pits/services, wastewater mains and services, public and private street curb and gutters, Subdivision Lot Grading Certificate form submitted to and approved by the Public Works Department, stormwater swales and ponds (public and private).
   5. 5.
      “Public improvements” shall mean those improvements installed or to be installed within the public right-of-way or to be dedicated to the City.

Ord. 6547 § 04/19/2022​​​​​​​

Effective on: 5/3/2022

1. A.
   All improvements shall be installed in compliance with the final construction and development plans approved by the City.
2. B.
   Installation of Public Improvements. Except as otherwise set forth herein, all public improvements must be installed and initially accepted prior to the issuance of building permits for the development.
3. C.
   Installation of Development Improvements. Except as otherwise set forth herein, all development improvements must be installed prior to the issuance of a certificate of occupancy for any building within the development.

Ord. 6547 § 04/19/2022

Effective on: 5/3/2022

1. A.
   Public Improvements Phasing Boundaries.  If more than one phase is proposed, boundaries for each phase showing public improvements shall be shown on a phasing plan approved by the City Engineer.
2. B.
   Development Improvement Phasing Boundaries. The applicant shall prepare and submit a landscape plan as part of its development application. Implementation of the landscape plan shall be done in accordance with the phasing plan or as otherwise approved by the Director.

Ord. 6547 § 04/19/2022

Effective on: 5/3/2022

1. A.
   Application for Early Building Permit

   1. 1.
      Multi-Family and Non-Residential Properties. A developer may submit to the City an application and pay any applicable fees for an early building permit for a multi-family or non-residential property at any time during the City’s review of a building permit.
   2. 2.
      Residential Properties. A developer may submit to the City an application and pay any applicable fees for an early building permit for residential properties upon completion of all preliminary public improvements.
2. B.
   Issuance of Early Building Permits for Multi-Family and Non-Residential Properties. The Director may authorize the issuance of early building permits for multi-family and non-residential properties if the following conditions are met:

   1. 1.
      The Director finds that issuance of such building permits will not create a threat to public health, safety, or welfare;
   2. 2.
      Water rights for the development as required by Title 19 of the Code have been satisfied;
   3. 3.
      Adequate all-weather access to the construction site for fire and emergency vehicles as approved by the Loveland Fire Rescue Authority;
   4. 4.
      All underground electric lines and related equipment are installed, unless such installation is waived, as approved by the Water and Power Department;
   5. 5.
      Temporary erosion control measures are installed on the site in compliance with City standards as approved by the Public Works Department;
   6. 6.
      The developer provides a signed agreement for incomplete public improvements in a form approved by the City Attorney; and
   7. 7.
      The developer provides a financial guarantee as set forth in Section 18.16.06.03 Guarantee Form and Deposit to secure the incomplete Final Public Improvements.
3. C.
   Issuance of Early Building Permits for Residential Properties. The Director may authorize the issuance of early building permits for residential properties if the following conditions are met:

   1. 1.
      Water rights for the development as required by Title 19 of the Code have been satisfied as reviewed by the Water and Power Department;
   2. 2.
      All preliminary public improvements are installed, tested if required by the City, and initially accepted by the City;
   3. 3.
      The following items have been completed: Stormwater swales and ponds, electrical distribution improvements energized, and any offsite improvements installed if conditional to the development;
   4. 4.
      The developer provides a signed agreement for the remainder of any incomplete Minimum Final Public improvements in a form approved by the City Attorney; and
   5. 5.
      The developer provides a financial guarantee as set forth in Section 18.16.06.03, Guarantee Form and Deposit to secure the incomplete Final Public improvements.
4. D.
   Additional Conditions.

   1. 1.
      Prior to the delivery of any combustible building materials to the construction site for either non-residential, multi-family or residential properties, an approved adequate water supply for fire protection is required to be provided to the construction site (as approved by Loveland Fire Rescue Authority).
   2. 2.
      In his or her sole discretion, the Director may also impose any other conditions determined to be necessary by the Director to avoid a threat to public health, safety, or welfare in order to issue early building permits for either non-residential, multi-family or residential properties.
5. E.
   Temporary Certificates of Occupancy. The Director or designee may issue temporary certificates of occupancy prior to installation of all required improvements if the Director determines that issuance of such temporary certificates of occupancy will not cause a threat to public health, safety or welfare.
6. F.
   Certificates of Occupancy. No inspections shall be made by the City for purposes of issuing a certificate of occupancy until all public improvements and development improvements and other requirements imposed by the provisions of this code or by the City at the time any annexation map or subdivision plat is approved have been installed or performed by the applicant in compliance with plans and specifications approved by the City Engineer and the Director, and as required by this code or any ordinance or resolution passed by the City. Notwithstanding the foregoing, the Director may authorize the issuance of a certificate of occupancy prior to the installation of all development improvements upon the applicant posting security in the amount of 110% of the cost of the incomplete development improvements and execution of an agreement in a form approved by the City.

Ord. 6547 § 04/19/2022

Effective on: 5/3/2022

1. A.
   Generally. The guarantee required by this section shall be in one of the following forms and shall be provided to the City prior to the issuance of the first building permit or certificate of occupancy, as applicable, described in Section 18.16.06.02, Installation of Improvements:

   1. 1.
      Surety Bond. A surety bond deposited with the City in an amount not less than 110 percent of the estimated cost of complete installation of all incomplete improvements and compliance with the conditions and requirements of the City in the area established as provided in Section 18.16.06.01, Establishment of Area Boundaries. Such bond shall be conditioned upon the complete installation of such improvements and compliance with such conditions and requirements within the time and in the manner required by this UDC or any ordinance or resolution of the City Council. Surety bonds shall be deemed sufficient if executed by a corporate surety licensed to do business in the state of Colorado, and countersigned by a resident agent of such corporate surety.
   2. 2.
      Cash or Other Collateral. A deposit of cash, certified funds from a financial institution, or other collateral, acceptable to the City in its sole discretion, in an amount not less than 110 percent of the estimated cost to complete the installation of all incomplete improvements in compliance with the conditions and requirements of the City in the area established as provided in Section 18.16.06.01, Establishment of Area Boundaries, shall be deposited by the applicant with the City or with any financial institution acceptable to the City.

      1. a.
         Deposits with financial institutions shall be subject to an escrow agreement whereby the holder of such cash, certified funds, or collateral shall pay all or any portion thereof to the City upon the demand of the City as may be required to complete the installation of the improvements in compliance with such conditions and requirements within the time and in the manner required by this UDC or any applicable ordinance or resolution of the City Council.
      2. b.
         Any deposit of cash or certified funds held by the City shall be subject to an agreement whereby the City retains all, or any portion thereof, including any interest or other income earned therein, as may be required to complete the installation of the improvements and ensure compliance with such conditions and requirements within the time and in the manner required by this UDC or any applicable ordinance or resolution of the City Council.
   3. 3.
      Irrevocable Letter of Credit. An agreement between the City, the applicant and a financial institution acceptable to the City, in which the financial institution agrees to extend a letter of credit to the applicant, which letter of credit shall be in an amount not less than 110 percent of the cost of the complete installation of all incomplete improvements in compliance with the conditions and requirements of the City Council in the area established, as provided in Section 18.16.06.01, Establishment of Area Boundaries. Said contract shall provide, in part, that the City shall have the right to call upon said line of credit, in the event of default on the part of the applicant, to complete the installation of and payment for such improvements and to ensure compliance with such conditions and requirements within the time and the manner required by this UDC or any ordinance or resolution of the City Council. Said agreement shall be in such form as may be required by the City and shall be accompanied by other documents, including, but not limited to, a letter of credit from the financial institution, as may be required by the City.
   4. 4.
      Contractor Performance Bonds for Metropolitan Districts for Public Improvements. Due to the quasi-governmental nature of metropolitan districts, the City is willing to accept as surety to secured incomplete public improvements the metropolitan district’s contractor’s performance dual obligee bond naming the City as a dual obligee along with written assurances from the metropolitan district that it will pursue the bond on the City’s behalf upon any default. Such written assurance shall be subject to approval of the City Attorney. The dual obligee bond must be in the amount of a minimum of 100% of the cost of the total public improvements to be constructed in the applicable project.
2. B.
   Interest. No interest or other income earned on the cash or collateral deposited with the City under this Section shall be paid to the applicant by the City.

Ord. 6547 § 04/19/2022

Effective on: 5/3/2022

1. A.
   Generally. Notwithstanding the provisions of the building code adopted by reference with modifications in Chapter 15.08, Loveland Municipal Code, a grading permit may not be issued by the Building Official, but may be issued by the Director for the following purposes only:

   1. 1.
      For overlot grading associated with the construction of public improvements or overlot grading within a subdivision for which final construction drawings have been submitted and are being reviewed by the City and the applicant has addressed at least one round of review comments; or
   2. 2.
      For overlot grading associated with the construction of a lot(s) within a subdivision that meets the criteria for the issuance of an overlot grading permit set forth in the building code adopted by the City, provided that the Director finds that:

      1. a.
         The grading activity will not disturb any natural areas as defined in the Comprehensive Master Plan; and
      2. b.
         The grading activity will not disturb any environmentally sensitive areas as defined in this UDC.
2. B.
   Environmentally Sensitive Areas. Prior to the commencement of any grading activities on a site containing environmentally sensitive areas, temporary construction fencing shall be installed around the drip line of mature trees, vegetation, riparian areas, and other sensitive areas identified for preservation on plans approved by the City.

Ord. 6547 § 04/19/2022

Effective on: 5/3/2022

1. A.
   Generally. The required time for completion or performance of all public improvements and development improvements, conditions, and requirements shall be as soon as practicable, but no later than one year from the date of application for the first full building permit; provided, that:

   1. 1.
       The Director may extend such time for completion or performance for a period of up to one year for good cause shown; or
   2. 2.
      An agreement may provide for an alternative construction schedule.
2. B.
   Construction Schedule. To establish the time of completion of the public improvements and development improvements, conditions and requirements, the applicant shall prepare a detailed construction schedule and provide a financial security to the City for approval at a meeting held prior to the start of any public improvement construction.
3. C.
   Release of Guarantee. Upon completion or performance of public improvements and development improvements, conditions and requirements within the required time, and upon the approval and acceptance thereof by the City, the City shall cause such bond, deposit, escrow agreement or letter of credit provided pursuant to Section 18.16.06.03, Guarantee Form and Deposit, to be released within 15 days after written notification by the applicant to the City that such improvements, conditions, and requirements are completed or performed.
4. D.
   Partial Release of Guarantee. The City may allow a portion of financial security to be released as specific improvements, conditions, and requirements that are approved by the Director are completed or performed and approved or accepted by the City. Such partial releases of guarantees shall be made within 30 days after written notification to the City that the identified improvements, conditions, or requirements are completed or performed.
5. E.
   Use of Guarantee. If the public improvements and development improvements, conditions, and requirements are not completed or performed within the required time, the City shall cause the proceeds of the bond, cash deposit, other collateral or moneys in escrow or extended through a letter of credit to be used to complete the same; provided, however, that in the case of financial security held with respect to incomplete improvements, the City may cause the proceeds of the financial security to be used to complete such work or improvements, for the correction or modification of building site conditions, removal of incomplete improvements, or installation of fencing, as may be necessary or appropriate in the City’s judgment to protect the public’s health, safety, and welfare, and the City shall have no obligation to complete any building site improvements in accordance with approved plans.

Ord. 6547 § 04/19/2022

Effective on: 5/3/2022

All public improvements shall be inspected as provided in the City of Loveland Street Standards, or where the improvements are not addressed in the City of Loveland Street Standards, according to standards promulgated by the Director or City Engineer.

Ord. 6547 § 04/19/2022

Effective on: 5/3/2022

Upon the completion and written acceptance by the City of the same, all public improvements shall be appropriately dedicated to public use and maintenance.

Ord. 6547 § 04/19/2022

Effective on: 5/3/2022

1. A.
   Generally. The applicant shall comply with all requirements for the warranty for public improvements set forth in the City of Loveland Street Standards. 
2. B.
   Enforcement.

   1. 1.
      In the event that the applicant fails to complete any required repair work, or fails to reimburse the City for legitimate repair work performed by the City on behalf of the applicant, or fails to enter into an agreement with City regarding the satisfactory resolution of the obligation, the applicant shall be prohibited from participating in any further land development activity in the City until such repair, reimbursement, or agreement is completed to the satisfaction of the Director.
   2. 2.
      Both the developer of the project and the contractor performing the defective work shall be subject to this restriction. The developer shall be prohibited from receiving any additional building permits for any lots owned by the developer, as well as from submitting or continuing the processing of any land development applications for review and consideration by the City. The contractor shall be subject to the issuance of a stop work order issued by the City to the contractor for any work within any City right-of-way or easement.

Ord. 6547 § 04/19/2022

Effective on: 5/3/2022

The purpose of this Division is to set out the policies and procedures for annexing property into the City limits.

Effective on: 11/20/2018

Annexation of lands to the City shall be in accordance with the constitution and laws of the State of Colorado in effect from time to time. An annexation shall be processed in accordance with this Division except to the extent of any conflict with Colorado law. In the event that additional procedural requirements are imposed by applicable Colorado law, the Director shall modify the annexation process to add any additional procedures required by Colorado law.

Effective on: 11/20/2018

1. Generally. Annexation is a legislative act of the City Council, and all applications are considered on a case-by-case basis. The City is not obligated to annex property, and may negotiate terms for individual annexations.
2. Concurrent Zoning. The annexation application shall be accompanied by an application for initial zoning.
3. Public Facilities. The annexation application must disclose the present and anticipated future (i.e., post-development) public facility requirements of the property to be annexed, and how such requirements are to be met by the applicant (e.g., commitments of land dedication, payment of cash, construction of public facilities, or other method offered in the annexation petition).
4. Fiscal Impact Analysis. In its consideration of any proposed annexation, the Director or City Council may request that an analysis be prepared to measure and assess the fiscal impact of the proposed annexation. The cost of such analysis or additional information shall be borne solely by the applicant. The City Council may make any appropriate findings as a result of said fiscal impact analysis.

Effective on: 11/20/2018

1. Generally. The City Council may consider an annexation application only after approving a resolution finding that the application complies with the eligibility criteria contained in C.R.S. §§ 31-12-104 and 31-12-105, or C.R.S. § 31-12-106.
2. Public Facilities and Community Services. The City Council will not adopt an annexation ordinance until such time that it determines that the current requirements for public facilities and community services (defined herein), as the City determines to be necessary and required in the area proposed to be annexed, have been fulfilled, and that there is an appropriate mechanism in place to assure that the future requirements for such public facilities and community services will be fulfilled.
   1. As used in this subsection, the phrase “public facilities” includes, but is not limited to, streets, sidewalks, bike lanes, bridges, parks and recreation areas, schools, police or fire station sites, water and wastewater, and storm drainage facilities.
   2. As used in this subsection, the phrase “community services” includes, but is not limited to fire and police protection and provision of water and wastewater services.
3. Other Annexation Considerations. After approving the resolution described in subsection A., above, the City Council may consider the following prior making a decision about the adoption of an annexation ordinance:
   1. Consistency with Comprehensive Plan. Whether the applicant has demonstrated that the proposed annexation of land is consistent with the Comprehensive Plan.
   2. Impact on Existing Residents of the City. Whether the annexation of lands to the City creates any additional cost or burden on then-existing residents of the City to provide public facilities and additional community services in any newly-annexed area.
   3. Impact on School Districts. Whether the applicant has demonstrated that the applicant arranged with the school district regarding the dedication of school sites, or payment of fees in lieu of said dedication, as may be agreed to among the applicant, the school district and the City.
   4. Intergovernmental Agreements. Whether the applicant has demonstrated that the proposed annexation of land is in compliance with all pertinent intergovernmental agreements to which the City is a party.
   5. Streets; Compliance with City Standards. All existing and proposed streets in newly annexed territory shall be constructed in compliance with all current City standards unless the City determines that the existing streets will provide appropriate access during all seasons of the year to all lots fronting on each street; and that the curbs, gutters, sidewalks, bike lanes, culverts, drains, and other structures necessary to the use of such streets or highways are satisfactory or not necessary to promote public safety. The location, type, character and dimensions of all structures and the grades for all existing or proposed street work shall be subject to approval by the City.
   6. Water Rights. The annexation shall comply with the water rights requirements of Title 19, Loveland Municipal Code.
   7. Best Interest of Citizens. Whether the proposed annexation is in the best interest of the citizens of the City of Loveland.

Effective on: 11/20/2018

1. Petition Processing. Petitions for annexation shall be processed in accordance with the procedures set forth in C.R.S. § 31-12-101, et seq., as applicable to the type of annexation. To the extent that the procedures of Chapter 18.14, General Review Procedures, are not inconsistent with C.R.S. § 31-12-101, et seq., Chapter 18.14, General Review Procedures shall apply to give additional specificity to the statutory review procedures.
2. Requirement to Zone Annexed Property. All petitions for annexation shall be accompanied by an application for zoning of the property to be annexed. All zoning applications shall propose a zone that is consistent with the Comprehensive Plan, as amended, unless an application for Comprehensive Plan amendment also accompanies the zoning application.
3. Other Concurrent Applications. The applicant may submit concurrent applications for development approval with the annexation petition. In this case, any public improvement construction plans submitted with the annexation petition shall be deemed to be part of the application for development approval.
4. Additional Public Notice. Where the City Council adopts a resolution pursuant to C.R.S. § 31-12-108(1), the City Clerk or the Clerk’s designee shall give notice in accordance with the provisions of C.R.S. § 31-12-108(2).
5. Planning Commission Recommendation.
   1. Public Hearing. Subject to available space on the agenda, the Planning Commission shall hold a public hearing on the annexation petition at its next regular meeting, prior to the City Council hearing that is noticed under subsection D. The public hearing shall be noticed in accordance with Division 18.14.04, Required Notices.
   2. Staff Recommendations. Staff recommendations shall be presented during the Planning Commission public hearing.
   3. Planning Commission Recommendation. The Planning Commission shall make appropriate findings and recommendations based on the applicable review considerations. Using the policies and the annexation review considerations set out in this Division, the Planning Commission may recommend:
      1. Approval of the petition;
      2. Approval of the petition with conditions, with the applicant’s consent;
      3. Denial of the petition as submitted; or
      4. With the concurrence of the applicant, continue the application and refer the matter back to the applicant for further study.
   4. Recommended Conditions.
      1. In recommending approval of any application, the Planning Commission may recommend any condition for any reason, including but not limited to ensuring that the proposal satisfies the review considerations set forth in this Division, the objectives and policies of the Comprehensive Plan, and the requirements of the UDC.
      2. Before recommending that any condition be imposed on the annexation, the Planning Commission shall request the consent of the applicant to the conditions, either in writing or as a part of the record of the proceeding. If the applicant fails to consent to all of the conditions, such failure to consent shall be grounds for recommending denial of the annexation.
6. City Council Decision.
   1. Public Hearing. The City Council shall decide whether to grant or deny the annexation petition after public hearing held in accordance with Colorado law.
   2. Presentation of Recommendations. Staff shall present the Planning Commission’s and staff’s recommendations as part of the public hearing.
   3. City Council Decision. Upon review of the petition and supporting materials in light of the policies and the annexation review considerations set forth in this Division, the City Council may:
      1. Approve the petition as submitted;
      2. Deny the petition as submitted;
      3. In accordance with Colorado law, continue the application and refer the matter back to the applicant for further study.
   4. City Council Findings. If the annexation petition is granted by the City Council, the City Council shall make appropriate findings based on the applicable review considerations and Colorado law.
   5. Conditions.
      1. In approving any application, the City Council may impose any condition for any reason, including but not limited to ensuring that the proposal satisfies the review standards set forth in this title, the Comprehensive Master Plan and the Code.
      2. Before imposing any condition on the annexation, the City Council shall obtain the consent of the applicant to the conditions, either in writing or as part of the record of the proceeding, or after election if an election is required by law. If the applicant fails to consent to all of the conditions, such failure to consent may be grounds for denial of the annexation.
      3. Conditions of approval shall be incorporated into an annexation agreement that is approved by the City, which shall be executed by the applicant and delivered to the Director prior to the second reading of the annexation ordinance.

Effective on: 11/20/2018

1. Generally. After the final approval of the annexation map and ordinance, the applicant shall submit to the Director two signed, original mylars or one signed, original mylar and one clearly legible, reproducible copy of the map, containing original signatures. The Director may also require a digital copy of the map in a format approved by the Director.
2. Referral to City Clerk. Upon receipt of the documents described in subsection A., the Director shall forward such documents to the City Clerk. The City Clerk shall:
   1. Cause the annexation map, two copies of the annexation ordinance, certified, the annexation agreement, if applicable, any other written agreements or documents which the Director requires to be recorded, and all other necessary filings as required by C.R.S. § 31-12-113 to be recorded with the Larimer County Clerk and Recorder; and
   2. Distribute sufficient copies of the map to other departments and individuals as required by law or designated by the Director.

Effective on: 11/20/2018

1. Generally. Amendments to an annexation agreement shall be processed in accordance with Chapter 18.14, General Review Procedures.
2. Annexation and Development Agreements. Agreements titled "Annexation and Development Agreements" shall be considered annexation agreements, and amendments thereto shall be processed in accordance with the annexation agreement process in Chapter 18.14, General Review Procedures.
3. Obsolete Annexation Agreements. If the terms specified in an annexation agreement are determined by the Director to no longer be relevant to the specific property, the Director may, in his or her sole discretion, expedite a request to amend the obsolete annexation agreement. An expedited amendment shall be forwarded directly to City Council for approval by ordinance without a neighborhood meeting or Planning Commission public hearing. Notice for the City Council hearing shall be in accordance with Section 18.14.04.02, Required Notice by Application Type.

Effective on: 11/20/2018

No building permit or development plan shall be approved for property annexed into the City until a subdivision plat or simple plat has been approved and recorded that includes the property that is the subject of the building permit or development plan.

Effective on: 11/20/2018

1. Generally. Construction drawings for all necessary wastewater, water, and stormwater systems, landscaping improvements, and street improvements, shall be approved by the City before the recordation of any final plat.
2. Contents. Applications for public improvement construction plans shall include such information as required in the City’s Street Standards and in the application checklist approved by the Director.

Effective on: 11/20/2018

The approved public improvement construction plans shall be revised by the applicant’s engineer as record drawings that document all changes to the location of any constructed improvement. The record drawings shall be prepared by the applicant and approved by the City prior to the issuance of any building permits within the subdivision.

Effective on: 11/20/2018

Exceptions from the requirements of Section 18.17.02.01, Wastewater, Water, Stormwater, Street, and Landscaping Improvements and Section 18.17.02.02, Revisions and As-Builts, may be granted by the Director (as set out in an approved development agreement) where circumstances beyond the applicant’s control justify an exception.

Effective on: 11/20/2018

Permit applications for farmers markets shall be reviewed within one week, except in situations, as determined by the Director, where the volume of development review applications significantly exceeds normal levels or where staffing levels are reduced. During such situations, the application review shall be completed within two weeks.

Effective on: 11/20/2018

1. Generally. Owners of property that is designated within the Enhanced Corridor Overlay Zone (“ECOZ”) on the City’s Zoning Map may request to develop in accordance with the standards of the ECOZ.
2. Contents. A written request from the owners of property to develop in accordance with the ECOZ standards shall be submitted with an application for a sketch site development plan or site development plan.
3. Application Requirements. The election to use the ECOZ standards shall be shown on the sketch site development plan and site development plan.

Effective on: 11/20/2018

1. Generally. A request for inclusion of property within the ECOZ may be submitted by a property owner, provided that:
   1. The property proposed for inclusion is located adjacent to Highway 287, Highway 34, located adjacent to property in the ECOZ boundaries, or as authorized by the Director; and
   2. The property is zoned B-Developing Business, I-Developing Industrial, or the request is being processed concurrently with an application for rezoning to B-Business or I-Industrial.
2. Contents. A request for designation to the ECOZ shall include such information as required by the Director, which shall be at a minimum the following:
   1. Consent from all property owners within the boundaries requested for designation;
   2. Written explanation of how the development will implement the policies set out in the Comprehensive Plan for the ECOZ and the All Zones Action Plan set forth in the Highway 287 Strategic Plan and other corridor plans of the City, as appropriate, including items listed in Section 18.02.09.01, Purpose and Application of Division, with respect to the Enhanced Corridor Overlay Zone; and
   3. Written explanation of how the development addresses transitions between parcels that front on the corridor and adjacent residential neighborhoods, while simultaneously improving connectivity between residential development and highway-oriented uses.

Effective on: 11/20/2018

1. Generally. Applications shall be submitted on a form approved by the Director, which shall include, at a minimum, the information specified in this Section.
2. Designated Agent. The applicant shall include in its application the telephone number and email address of its designated agent and at least one back-up designated agent who can be reached 24 hours a day, seven days a week for the purpose of being notified of any proposed City inspection or in case of an emergency. The applicant shall notify the City in writing of any change in the primary or back-up designated agent or their contact information.
3. Applications and Permits. Copies of all county, state and federal applications and permits that are required for the oil and gas operation shall be provided to the Director.
4. Reclamation Plan. The application shall include any interim and final reclamation requirements required by the COGCC Regulations.
5. Representations. The approved project development plan shall be subject to all conditions and commitments of record, including verbal representations made by the applicant on the record of any hearing or review process and in the application file, including without limitation compliance with all approved mitigation plans.
6. Truck Routing Plan. Applications shall include a truck routing plan that meets the standards of Section 18.12.01.02, Truck Routing Plans, and provides descriptions of all proposed access routes for equipment, water, sand, waste fluids, waste solids, mixed waste and all other material to be hauled on the City’s streets.
7. Landscaping Plan.
   1. The operator shall submit to the City a temporary irrigation plan and implement said plan, once approved by the City, for the first two years after the plant material has been planted. If it is practicable to provide a permanent irrigation system, the operator shall submit an irrigation plan for permanent watering and the operator shall provide a performance guarantee for such landscaping that is acceptable to the Director. Produced water may not be used for landscaping purposes.
   2. The application shall include an analysis of the existing vegetation on the site to establish a baseline for re-vegetation upon temporary or final reclamation or abandonment of the operations. The analysis shall include a written description of the species, character and density of existing vegetation on the site and a summary of the potential impacts to vegetation as a result of the proposed operations. The application shall include any commission-required interim and final reclamation procedures and any measures developed from a consultation with the Director regarding site specific re-vegetation plan recommendations.

Effective on: 11/20/2018

The legal description of all flowlines, including transmission and gathering systems, shall be filed with the Director and recorded with the Larimer County Clerk and Recorder within 30 days after completion of construction. Notice of abandonment of any flowlines shall be filed with the Director and recorded with the Larimer County Clerk and Recorder within 30 days after abandonment.

Effective on: 11/20/2018

Oil and gas permits may be assigned to another operator only with the prior written consent of the Director and upon a showing to the Director that the new operator can and will comply with all conditions of the transferred permit and with all of the applicable provisions of this UDC. The existing operator shall assign the permit to the new operator on a form provided by the City and the new operator shall also sign the form agreeing to comply with all of the conditions of the permit and all applicable provisions of this UDC.

Effective on: 11/20/2018

An oil and gas permit shall expire and be null and void if drilling operations on the permitted well are not commenced within two years after the date the permit is issued, unless before the expiration date the applicant requests in writing and the Director approves an extension of such permit not to exceed one year. To approve any such extension, the Director must find that the applicant has an existing and valid permit from COGCC for the subject oil and gas operations, and that the oil and gas permit is in compliance with City standards as of the date of the extension request.

Effective on: 11/20/2018

1. Generally. An application for a Complete Neighborhood shall comply with the standards in this Section and Division 18.06.04, Standards for Complete Neighborhoods.
2. Required Documents.
   1. A pattern book shall be included in an application for approval of a Complete Neighborhood. The pattern book shall include information necessary to demonstrate compliance with the standards in Division 18.06.04, Standards for Complete Neighborhoods; and
   2. A sketch plat, in compliance with Section 18.17.13.01, Sketch Plat, shall by included in the application if the Complete Neighborhood is proposed to include more than one principal land use; or
   3. A sketch site development plan, in compliance with Division 18.17.11, Sketch Site Development Plans and Site Development Plans, shall be included in the application if the Complete Neighborhood is proposed to include only one principal land use.
3. Redundant Information. Where the documents required in subsection B., above, require the same information, the Director may authorize the information to be included in only one of such documents.

Effective on: 11/20/2018

1. General Quality. A pattern book shall demonstrate that:
   1. Each principal building is designed to provide a quality appearance from the street, with all street-facing elevations (i.e., front facade and street side facade) on the building having consistent treatment in materials, color, and trim;
   2. There is detailing of doors, windows, and their trim that carries around the building sides, so that even if the trim is plain, there is a visual relationship to the general style and character of the front elevation;
   3. Front porches are provided on all detached housing types;
   4. Outdoor living space is provided for each unit in all cluster housing types, townhomes, multiplex, and multifamily buildings;
   5. Utility meters are not located on street-facing elevations unless screened by vegetation or other approved screening; and
   6. There is detailing of doors, windows, and their trim that carries around the building sides, so that even if the trim is plain, there is a visual relationship to the general style and character of the front elevation
2. Required Elements. The pattern book for a Complete Neighborhood shall include the following information:
   1. A description of each housing type that is proposed.
   2. Standards for lot dimensions for each type of housing, expressed either as lot width and lot depth or lot width and lot area. Such standards may be expressed as averages, provided that minimums and maximums are also established.
   3. Standards for setbacks or build‐to lines for front, street side, interior side, and rear lot lines, which may be different for principal buildings and accessory buildings. Such standards may be presented in tabular or illustrated format.
   4. Standards for yards or courtyards, if different from areas between required setback lines and lot lines, and fencing.
   5. Standards for the maximum height of each type of building (residential, nonresidential, and mixed use) that is proposed in the development;
   6. Standards for the design of each type of building (residential, nonresidential, and mixed‐use) that is proposed in the development, which shall include:
      1. Architectural style / typology;
      2. Typical architectural elements for each style / typology; and
      3. Typical finish / cladding materials for each style / typology.
   7. A collection of illustrative elevations for each architectural style / typology, with standards that will ensure diversity of architectural presentation; or a collection of proposed elevations for each architectural style / typology, which demonstrates diversity of architectural presentation.
   8. Standards for accessory buildings, if different from those set out in Section 18.04.07.02, Accessory Structures.
   9. Standards for accessory dwelling units, if different from those set out in Section 18.04.07.01, Accessory Dwelling Units.
   10. Standards for accessory structures, if different from those set out in Section 18.04.703, Accessory Structures.
   11. Standards for fences and garden walls, if different from those set out in Section 18.04.07.06, Fences and Walls.
   12. Standards for street cross-sections (typical) and off-street pedestrian circulation systems, if different from the City of Loveland Street Standards.
   13. Standards for transitions between the development on the subject property and any adjoining property that is used or zoned for residential purposes (e.g., bufferyards, land use, lot width and area, building height planes, etc.).

Effective on: 11/20/2018

1. Generally. The City may place conditions of approval on the Complete Neighborhood as necessary to ensure compliance with the approval criteria set out in Division 18.06.04, Standards for Complete Neighborhoods.
2. Limitations. Conditions shall not be imposed that:
   1. Limit density or intensity or land use, except that if infrastructure or traffic impacts cannot otherwise be mitigated to the extent required by this UDC (or if the applicant chooses not to provide such mitigation), then the City may condition approval upon a reduction in density or intensity to the extent necessary to mitigate such impacts.
   2. Address the design of the development in ways that are covered in the sketch plat or sketch site development plan. The Complete Neighborhood approval shall defer any overall plan layout issues to be addressed in the sketch plat or sketch site development plan.

Effective on: 11/20/2018

1. Generally. A Conceptual Master Plan (“CMP”) is a generalized land use and development plan for the property proposed to be included within the MAC or E Zones to ensure the coordinated development of the entire property.
2. When Required. A CMP is required as part of an application to zone or rezone property to a MAC or E zone, if a sketch site development plan or site development plan is not submitted for the entire property included in the zoning or rezoning application.
3. Contents.
   1. MAC Zone. A CMP for property within the MAC zone shall include:
      1. The general type, intensity, and location of land uses and public facilities;
      2. The maximum residential density for the CMP;
      3. The open space ratio for the CMP;
      4. The maximum nonresidential building square footage for the CMP;
      5. The overall classification and design of the primary road and pedestrian network;
      6. A development phasing plan, if applicable; and
      7. A narrative statement, conceptual renderings, schematic designs, architectural guidelines, or other information as needed to demonstrate compliance with the standards in Division 18.06.10, Standards for Mixed-Use Activity Center Zone.
   2. E Zone. A CMP for property within the E zone shall include:
      1. The items listed in subsections C.1.a through C.1.f, above, inclusive;
      2. A depiction of the allocation of land uses in a manner that demonstrates compliance with Section 18.06.11.02, Balance of Land Uses; and
      3. A narrative statement, conceptual renderings, schematic designs, architectural guidelines, or other information as needed to demonstrate compliance with the standards in Section 18.06.11.03 Campus-Like Character.
4. Effect of Approval.
   1. Approval of a CMP shall be deemed an approval of the use, general location, layout, access, mass, density, and intensity shown on the plan;
   2. Proposed sketch plats, final plats, sketch site development plans, and site development plans shall be in substantial compliance with the approved CMP. Substantial compliance is achieved when the Director finds that a proposed sketch plat, final plat, sketch site development plan, or site development plan does not:
      1. Substantially change the areas or locations of land uses or public facilities;
      2. Change the types of land uses that are allowed by the CMP, such that a new land use would be listed in a different table in Division 18.02.03, Land Use by Zone;
      3. Modify bufferyards along the boundaries of the conceptual master plan in a manner that would reduce buffering against or increase impacts upon adjacent properties used for single-family detached, duplex, multiplex, or townhome development;
      4. Increase the number of residential dwelling units by more than 20 percent above the maximum density allowed for the CMP, or nonresidential building floor area by more than 20 percent, provided that the increase in density or floor area ratio does not exceed the maximum allowed by the underlying zone;
      5. Decrease the number of residential dwelling units by more than 20 percent below the density allowed for the CMP, or decrease the nonresidential building floor area by more than 20 percent;
      6. Decrease the open space ratio or landscape surface ratio by more than five percent below that for the CMP, provided that the open space ratio or landscape surface ratio does not fall below the minimum requirements of the underlying zone; or
      7. Materially increase impacts on adjacent properties or change the character or function of the approved CMP.

Effective on: 11/20/2018

1. Minor Amendments to Conceptual Master Plan. An application for a minor amendment to a CMP may be filed for all or a portion of the land area within an approved CMP. However, minor modifications or variances for individual lots shall be processed according to Division 18.17.15, Administrative Variations, Design Flexibility, Reasonable Accommodations, Height Exceptions, and Variances, and not this Section.
2. Thresholds. Minor amendments to the CMP may be approved by the Director, provided that the Director finds that such amendments do not result in any of the following:
   1. A land use in a location that is different than what is shown on the CMP.
   2. An increase or a decrease in building setback or building height by more than 20 percent;
   3. An increase or a decrease in overall density or intensity of more than 20 percent;
   4. An increase or a decrease in the size of designated open spaces or recreation areas of more than 20 percent;
   5. An increase or a decrease in the amount of landscaping of more than 20 percent;
   6. A change in the street pattern that will adversely impact adjacent property;
   7. A change in the location, number, or classification of curb cuts or street intersections at or outside of the boundaries of the CMP;
   8. Modification of an approved phasing plan; and
   9. Any other proposed change that the Director determines to be a de minimus change to the approved Conceptual Master Plan.

3. Major Amendment to Conceptual Master Plan. A major amendment to a Conceptual Master Plan (i.e., an amendment that is not authorized by subsection A. and B., above) shall be processed in accordance with Section 18.14.02.02, Decision-Making Tracks by Application Type.

Effective on: 11/20/2018

1. Generally. The planned unit development (“PUD”) process is intended to provide for the creation of a zoning district that allows for a mix of land uses and development standards that would not otherwise be permitted within the other zoning districts that are established by this UDC. Once approved by City Council, the PUD establishes the land use and development standards for the subject property as a separate and unique zoning district.
2. Intent.
   1. The intent of the PUD is to permit greater flexibility of use and, consequently, more creative and imaginative design for development than generally is possible under conventional zoning regulations. The PUD process is intended to be utilized primarily for large-scale projects with multiple lots, a mix of land uses, and an extended build-out period. However, smaller-scale (even single lot) projects that require flexibility because of unique circumstances or unique design may also be suitable for a PUD.
   2. The PUD process is further intended to:
      1. Promote more economical and efficient use of land;
      2. Provide flexible zoning entitlements for projects that may be subdivided and developed in multiple phases over an extended period; and
      3. Provide flexible land use standards to encourage innovative development.

Effective on: 11/20/2018

1. Generally. Property that is subject to an approved general development plan, preliminary development plan, or final development plan 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.
2. General Development Plan. An approved general development plan (“GDP”) shall be considered a Zoning Document. In the event that a GDP fails to address a standard of this UDC, the standard of this UDC shall be applied. Subsequent development may be carried out using a sketch plat or sketch site development plan that are consistent with the general development plan, followed by a final plat or site development plan that is consistent with the sketch plat or sketch site development plan, as applicable.
3. Preliminary Development Plan. An approved preliminary development plan (“PDP”) shall be considered the following:
   1. A non-phased PDP in which there was not an approved GDP, shall be considered a Zoning Document, a sketch site development plan, and a sketch plat, as applicable. In the event that a PDP fails to address a standard of this UDC, the standard of this UDC shall be applied. Subsequent development may be carried out using a site development plan and final plat, as applicable.
   2. A phased PDP subject to an approved GDP, shall be considered a sketch site development plan or a sketch plat, as applicable. Subsequent development may be carried out using a final plat or site development plan, as applicable.
4. Final Development Plan. An approved final development plan (“FDP”) shall be carried out using a final plat, site development plan, or building permit, as applicable to the type of land use as set forth in Division 18.02.03, Land Use by Zone. In the event that a FDP fails to address a standard of this UDC, the standard of this UDC shall be applied. Amendments to final development plans shall be processed as new final plats or site development plans, as applicable.

Effective on: 11/20/2018

1. Generally. Unless the approval is vested in accordance with Section 18.14.03.15, Vested Rights, the approval of an existing general development plan and preliminary development plan shall lapse if an application for a sketch plat, sketch site development plan, site development plan, or final plat is not filed with the City within one year after the date of approval of the general development plan or preliminary development plan.
2. Effect of Expiration. Upon expiration of a general development plan or preliminary development plan, the plan shall continue to be effective if no provisions of this UDC that affect the plan have been amended in such a manner as to make the plan nonconforming to this UDC. If the plan has become nonconforming to this UDC, the applicant may either:
   1. Submit a PUD Concept Plan according to Section 18.17.08.06, PUD Concept Plans; or
   2. Submit an application to rezone the subject property.

Effective on: 11/20/2018

Engineering drawings and reports that are submitted with approved planned unit development plans shall continue to be valid to the extent they are relevant to subsequent approval steps under this UDC that are timely pursued.

Effective on: 11/20/2018

Land use and development standards that are part of an approved PUD supersede the standards that are set out in this UDC. However, where a PUD approval is silent in regards to a land use or development standard, the standards that are set out in this UDC shall apply. 

Effective on: 11/20/2018

1. Generally. A PUD Concept Plan is a generalized land use and site plan for an area that is proposed to be included within a PUD zone. It is the first step in the PUD process, intended to allow for early, informal evaluation of a proposed PUD zone at a conceptual stage. The PUD Concept Plan allows for the initial evaluation of the potential development’s conformance with the Comprehensive Plan and the requirements of this UDC, and helps to guide the preparation of a PUD Zoning Document (see Section 18.17.08.07, Zoning Documents).
2. Waiver of Requirement. The Director may waive the requirement to file a PUD Concept Plan.
3. Review. The Director will review the PUD Concept Plan and provide an authorization letter to proceed, with or without comments. All comments shall be designed to assist the applicant in the development of the PUD Zoning Document application. In addition, if requested by the Director, the Planning Commission may review the PUD Concept Plan and provide further comment.
4. Comment Not Binding. Any comments provided to the applicant are informational only and shall not represent a commitment on behalf of the City regarding the approval of a subsequent PUD Zoning Document.
5. Contents. The PUD Concept Plan shall include such information as required in the application checklist approved by the Director, which shall at a minimum, include the following:
   1. Perimeter property lines with measurements;
   2. Existing and platted streets within or adjacent to the proposed PUD zone, with right-of-way dimensions, street classifications, and street names;
   3. Proposed collector and arterial streets within or adjacent to the proposed PUD zone, with right-of-way dimensions, street classifications, and street names;
   4. Land use and zoning district designations for adjacent properties;
   5. Narrative describing the intent of the PUD and an indication of deviations to standards in the UDC that will be requested with the Zoning Document;
   6. Development areas or parcels within the subject property, labeled with the proposed land uses, total acres and square feet, development density and intensity by dwelling units per acre and / or floor area ratio of non-residential uses;
   7. Location and type of existing and proposed vehicular access points;
   8. Location of environmentally sensitive areas, drainage courses, parks, trails, amenity areas, storm water facilities, easements, underground utilities, and existing buildings to remain;
   9. Locations of proposed storm detention and / or retention facilities; and
   10. Topography of site.

Effective on: 11/20/2018

1. A.
   Generally. A Zoning Document establishes standards for the development of property zoned for PUD, including allowable land uses and bulk standards. A Zoning Document covers all of the land area to be included in the PUD and identifies:

   1. 1.
      The type and total amount of development to occur within the PUD (land use, number of dwelling units, and nonresidential floor area);
   2. 2.
      The proposed plan for pedestrian and vehicular circulation within and leading to the PUD; and
   3. 3.
      Required buffering or transitions along the boundaries of the PUD zone.
2. B.
   Modification of Zoning Standards. Development within a PUD shall comply with the design and use standards in the UDC, unless deviations to the standards are set out in the Zoning Document. In the event that the Zoning Document fails to address a standard of this UDC that is not district-specific, the standard of this UDC shall be applied.
3. C.
   Consistency with PUD Concept Plan. The Zoning Document shall be consistent with a previously reviewed PUD Concept Plan, or an amendment to the Concept Plan shall be submitted. This requirement does not apply if the PUD Concept Plan requirement was waived by the Director; or
4. D.
   Design Guidelines. The Zoning Document may include design guidelines for development within the PUD, in order to provide for a particular building character or theme.
5. E.
   Housing Diversity. To encourage a variety of housing products, PUDs on property designated as low density residential in the Comprehensive Plan are eligible for an increase of up to 2 units per acre if the PUD meets the minimum housing mix in Table 18.17.08 and complies with the provisions in this subsection. Increases in the number of units are subject to compliance with applicable City standards not specifically waived or modified by the Zoning Document. The increase in units is considered an incentive and does not require an amendment to the Comprehensive Plan.

   1. 1.
      For the purpose of determining compliance with this provision, the following land use categories are considered different housing types:

      1. a.
         Single-family detached, duplex, townhouse, multiplex, multifamily, and clustered housing categories are each considered a different housing type.
      2. b.
         In addition to the land use categories above, within the single-family detached category, the following are considered different housing types:

         1. 1.
            Lots that vary in lot size by at least 3,000 sf.; or
         2. 2.
            Houses with an integrated attached or detached accessory dwelling unit.
   2. 2.
      To meet the minimum requirement for diversity, a PUD that includes only single-family detached housing shall include not less than 30 percent of any one lot type used to comply with the housing diversity standard.
   3. 3.
      PUDs that are over 51 acres in size must include at least 30 percent of units in a housing type that is not single-family detached.

   Table 18.17.08.07  Minimum Housing Mix in Planned Unit Developments
   Total Acreage 1	Minimum Number of Housing Types
   25-50 acres	2
   51-100 acres	3
   Greater than 100 acres	4
   TABLE NOTES: 1 Total gross acreage of residential development

   Table 18.17.08.07  Minimum Housing Mix in Planned Unit Developments
   Total Acreage 1	Minimum Number of Housing Types
   25-50 acres	2
   51-100 acres	3
   Greater than 100 acres	4
   TABLE NOTES: 1 Total gross acreage of residential development

   Table 18.17.08.07  Minimum Housing Mix in Planned Unit Developments
   Total Acreage 1	Minimum Number of Housing Types
   25-50 acres	2
   51-100 acres	3
   Greater than 100 acres	4
   TABLE NOTES: 1 Total gross acreage of residential development

   Table 18.17.08.07  Minimum Housing Mix in Planned Unit Developments
   Total Acreage 1	Minimum Number of Housing Types
   25-50 acres	2
   51-100 acres	3
   Greater than 100 acres	4
   TABLE NOTES: 1 Total gross acreage of residential development

6. F.
   Subsequent Development. After approval of a Zoning Document, subsequent development may be carried out using a sketch plat, sketch site development plan, site development plan, or final plat that are consistent with the Zoning Document. Areas identified as public or common amenity areas in the PUD shall be processed as a sketch site development plan or site development plan concurrently with the sketch plat or final subdivision plat that creates the boundaries for the public or common amenity area.
7. G.
   Simultaneous Processing. An applicant may, at the applicant’s sole risk, submit a sketch plat, sketch site development plan, final plat, or site development plan for simultaneous processing with a Zoning Document.
8. H.
   Standards. A Zoning Document may be approved if it is demonstrated that it complies with all of the following standards:

   1. 1.
      The Zoning Document is substantially consistent with the policies and goals of the Comprehensive Plan, any applicable adopted area plan, or community plan of the City, or reflects stated conditions that have changed since the adoption of the Comprehensive Plan;
   2. 2.
      The Zoning Document either:

      1. a.
         Advances the following policy objectives:

         1. 1.
            Promoting more economical and efficient use of land while providing a harmonious grouping of a variety of land uses;
         2. 2.
            Allowing for a project that assists in the implementation of adopted City plans (and not as a device to circumvent the standards of this UDC and good planning practice);
         3. 3.
            Addressing a unique situation or conferring a substantial benefit to the City; or
      2. b.
         The creation of a PUD zone is the only practical way to avoid completely prohibiting a legal, permitted business use within the City.
   3. 3.
      The PUD complies with all applicable City standards not specifically modified or waived by the Zoning Document;
   4. 4.
      The PUD is integrated and connected with adjacent development through street connections, sidewalks, trails, multi-use pathways, and similar features;
   5. 5.
      To the maximum extent feasible, the proposal mitigates any potential significant adverse impacts on adjacent properties or on the general community;
   6. 6.
      Sufficient public safety, transportation, and utility facilities and services are available to serve the subject property, while maintaining sufficient levels of service to existing development; and
   7. 7.
      The same development could not be accomplished through the use of other techniques, such as complete neighborhood development, application of the Enhanced Corridor Overlay Zone, height exceptions, variances, minor modifications, or a planned unit development is a preferable way to regulate the subject property due to its large land area or multi-year build-out schedule; and
   8. 8.
      As applicable, the proposed phasing plan for development of the PUD is rational in terms of available infrastructure, and capacity.
9. I.
   Approval by Ordinance. Because approval of a Zoning Document creates a new zone in the City that requires an amendment to the Zoning Map, the approval shall be in the form of an ordinance.
10. J.
    Contents. In addition to the items required in Section 18.17.08.06, PUD Concept Plans, a Zoning Document shall include such information as required in the application checklist approved by the Director, which shall at a minimum, include the following:

    1. 1.
       Narrative describing how the PUD complies with the standards in subsection G., above.
    2. 2.
       Master drainage study, as determined by the City Engineer;
    3. 3.
       Master traffic impact study, as determined by the City Engineer;
    4. 4.
       Environmentally sensitive areas report;
    5. 5.
       Generalized layout of the areas within the proposed development including conceptual access points and streets, stormwater facilities, and location of natural features.
    6. 6.
       Building bulk standards and land use table;
    7. 7.
       Description of public and private improvements, including a conceptual landscape and open space plan;
    8. 8.
       Typical street cross-sections;
    9. 9.
       Conceptual utility plan showing the existing and proposed public and private utilities;
    10. 10.
        Alternative or deviations to standards requested with the PUD; and
    11. 11.
        Buffering or transitions along the perimeter of the PUD zone.

Ord. 6636 §51, 09/05/2023

Effective on: 9/19/2023

1. A.
   Generally. An application for a minor amendment to a Zoning Document may be filed for all or a portion of the land area within an approved PUD zone.
2. B.
   Thresholds. Minor amendments to the Zoning Document that the Director determines to be a de minimus change to the approved PUD zoning document, do not require the applicant to follow the City rezoning procedure, and may be approved administratively by the Director. Minor amendments include:

   1. 1.
      A less than 20 percent increase or decrease in any numerical provision of the Zoning Document, which may include:

      1. a.
         Building coverage;
      2. b.
         Lot frontage, lot depth, or lot area;
      3. c.
         Building setback or building height;
      4. d.
         Size of zoning areas within the boundaries of the PUD;
      5. e.
         Density or intensity  in an individual area of the PUD, provided that such increase or decrease does not exceed the following thresholds except as provided in subsection 7 and 8:

         1. 1.
            Exceed the maximum density or number of units permitted in the PUD; 
         2. 2.
            Exceed the maximum floor area permitted in the PUD;
         3. 3.
            Alter the designation of the property with respect to the Comprehensive Plan; or
         4. 4.
            Modify a condition of approval of the PUD zoning document.
      6. f.
         Size of designated open spaces or recreation areas;
      7. g.
         Number of parking, loading, or unloading spaces;
      8. h.
         Amount of landscaping; or
      9. i.
         Width of a proposed street section, right-of-way, or easement held by the City, provided that such increase or decrease is in compliance with the City of Loveland Street Standards.
   2. 2.
      A change in the street pattern that will not adversely impact adjacent property;
   3. 3.
      Any proposed change in an approved phasing plan, provided that:

      1. a.
         Each phase in the resulting plan could be approved under this UDC without the other phases; and
      2. b.
         The projected build-out date does not change.
   4. 4.
      Changes in items such as location of landscaping, fencing, fire access lanes, parking, loading, trash and service areas, signage, and sidewalk location which the Director determines to be insignificant in nature;
   5. 5.
      Changes in the location, number, or classification of curb cuts or street intersections, provided that such change is in compliance with the City of Loveland Street Standards;
   6. 6.
      Inclusion of accessory dwelling units as permitted in Section 18.04.07.02 Accessory Dwelling Units;
   7. 7.
      Increases in the number of units as permitted in Section 18.17.15.04 Affordable Housing Flexibility; and
   8. 8.
      Changes to the housing products and number of units as described in subsection C, below.
3. C.
    Product Diversity in Approved PUDs. To encourage diversity in housing products, PUDs approved prior to the effective date of this provision that are zoned for less than 5 units per acre are eligible for the following incentives. Eligible zoning areas within the PUD must allow residential uses. Only one incentive from this subsection can be applied, however the incentive may be combined with allowances in Section 18.17.15.04 Affordable Housing Flexibility. In such case, the required number of affordable housing units is calculated based on the total number of units including all incentives.

   1. 1.
      Number of units: The following percent increases are based on the total number of units approved in the PUD.

      1. a.
         A 20% increase in the total number of units if a minimum of 20% of the housing products are developed as one of the following housing types: urban cottage lots, duplexes, townhomes, or clustered housing; or
      2. b.
         A 25% increase in the total number of units if a minimum of 20% of the housing products are developed as a combination of at least 2 of the following housing types: urban cottage lots, duplexes, townhomes, and clustered housing. Each selected housing type must constitute at least five percent of the total number of units to quality under this provision; or
      3. c.
         A 30% increase in the total number of units if a minimum of 20% of the housing products are developed as a combination of at least 3 of the following housing types: urban cottage lots, duplexes, townhomes, and clustered housing. Each selected housing type must constitute at least five percent of the total number of units to quality under this provision.
   2. 2.
      Compatibility: To promote compatibility with established neighborhoods, if a new housing type or increase in the number of units from the original approved PUD, is proposed adjacent to an established single-family residential use, a neighborhood meeting will be required in accordance with a Track 2 land use approval.  For the purpose of this provision, adjacent shall mean within 75 feet measured between the established and proposed residential property lines.
   3. 3.
      Flexibility in Building Standards. Adjustments to building standards including setbacks, lot area and building coverage may be made to accommodate the increased units or change in housing product, however open space and outdoor recreation areas may not be diminished in size to accommodate new housing units.
   4. 4.
      Open Space and Outdoor Recreation Areas. Increases in the number of units in accordance with these provisions shall not require additional open space or outdoor recreation areas beyond what was originally approved in the PUD. The Director may, however, require additional programming of the open space and outdoor recreation areas based on the increased number of units and the anticipated demographics of the subdivision residents with subsequent subdivision and site development plan applications.  
   5. 5.
      Compliance with City Standards. Increases in the number of units provided for in this section are subject to compliance with applicable City standards not specifically waived or modified by the Zoning Document.
4. D.
   ​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​Ap plication Requirements. The application for a minor amendment to a PUD zoning document shall include, at a minimum, the following:

   1. 1.
      An application form signed by the property owner or authorized representative;
   2. 2.
      A written narrative explaining and justifying the request;
   3. 3.
      Supplemental information necessary to evaluate the amendment as determined by the Director;
   4. 4.
      Revised Zoning Document sheets, with the revisions clearly documented, including signature blocks as determined by the Director.
5. E.
   Documentation. The Director shall note any terms of the approved amendment directly on the minor zoning document amendment sheet(s) and affix his or her signature and the date of approval. As applicable, such amended plans shall be recorded.
6. F.
   Standards. A minor amendment may be approved if it is demonstrated that it complies with the thresholds in Section B and the following standards:

   1. 1.
      The amendment is substantially consistent with the policies and goals of comprehensive plan, any applicable adopted area plan, or community plan of the City, or reflects stated conditions that have changed since the adoption of the Comprehensive Plan; and
   2. 2.
      There is sufficient public safety, transportation and utility facilities and services available to serve the PUD as amended.
7. G.
   ​​​​​​​Approval. The Director may approve the application for a minor amendment or forward the application to the Planning Commission for review and approval.

Ord. 6636 §52, 09/05/2023

Effective on: 9/19/2023

A major amendment to the PUD Zoning Document (i.e., an amendment that is not authorized by Section 18.17.08.08, Minor Amendments to Zoning Documents) shall be processed as a rezoning.

Effective on: 11/20/2018

1. A.
   Generally. The City Council may approve an application for rezoning if it finds that:

   1. 1.
      The criteria of subsections B. and C., below, are met; and
   2. 2.
      One or more of the alternatives set out in subsection D., below, are met;
   3. 3.
      The subject property is a legal lot of record (or group of contiguous legal lots of record); and
   4. 4.
      No legal lot of record will contain multiple zones within its boundaries as a result of the rezoning.
2. B.
   Resource Protection Policy.

   1. 1.
      It is the policy of the City not to rezone property in a manner that would create or facilitate the creation of development rights or entitlements that would either:

      1. a.
         Reduce the level of protection for significant natural resources that exist on the subject property; or
      2. b.
         Expose additional people or personal property to unmitigated natural hazards that are present on the subject property (e.g., fire, flood, or geological hazards).
   2. 2.
      This policy may be waived upon a finding by the City Council that:

      1. a.
         Alternative means have been implemented to achieve a comparable or better level of resource protection (e.g., conservation easements, development agreements, or other comparable mechanisms for resource protection); or
      2. b.
         The policy is outweighed by a substantial community interest that is served by approval of the rezoning (see Subsection C.1., below).
3. C.
   Plan Consistency and Public Benefits. All applications for rezoning shall meet the following criteria:

   1. 1.
      The proposed zone, as applied to the subject property, is substantially consistent with the policies and goals of the Comprehensive Plan, any applicable adopted area plan or community plan of the City, or reflects stated conditions that have changed since the adoption of the Comprehensive Plan. 
   2. 2.
      Rezoning to the proposed zone will provide a benefit to the community or immediate area that cannot be provided under the existing zone, and the balance between the anticipated benefit, if any, and the anticipated burden on the community or immediate area, if any, is either neutral or favors the rezoning;
   3. 3.
      The proposed zone would not cause an I zone to share a boundary with an ER, R1e, R1, R2, R3e, or R3 zone, unless there is sufficient land area on the subject property to provide a buffer, as set out in Division 18.08.03, Standards for Bufferyards, and a development agreement is approved to mitigate use incompatibilities with fencing, walls, landscaping, noise and lighting restrictions, or other appropriate techniques; and
   4. 4.
      Adequate community facilities are available to serve development in the proposed zone in accordance with Section 18.15.02.05, Determination Regarding Adequacy; or the proposed zone would limit demands upon community facilities more than the existing zone; or reasonable assurances are provided that adequate community facilities will be made available to serve new development by the time the new development places demands on the facilities.
4. D.
   Additional Findings. The City Council may approve an application for rezoning upon a determination that at least one of the following four criteria has been met. This finding is in addition to the findings regarding the criteria of subsections B. and C., above:

   1. 1.
      Alternative #1: Plan Implementation. The proposed zone is more appropriate than the existing zone to implement an adopted or approved current City plan that was developed with public input (e.g., the Comprehensive Plan, the Highway 287 Strategic Plan, etc.).
   2. 2.
      Alternative #2: Change in Character of the Area. The City Council finds that the proposed zone is more appropriate than the existing zone because:

      1. a.
         There has been a change in character or capacity of public infrastructure in the area (e.g., installation of public facilities, other zone changes, new growth trends, deterioration, development transitions, etc.); and
      2. b.
         The proposed zone allows for the reasonable development or redevelopment of the subject property in a manner that will be compatible with its existing or planned context.
   3. 3.
      Alternative #3: Need for Zone in Land Inventory. The City Council finds that the proposed zone is more appropriate than the existing zone because the proposed zone will promote a balance of land uses in the City that will improve economic opportunity, community mobility, or diversity in housing in alignment with the Comprehensive Plan.
   4. 4.
      Alternative #4: Correction of an error. The rezoning corrects an error of a technical nature, for example, to correct a discrepancy between zoning boundaries and existing lot lines or rights-of-way.

Ord. 6636 §53, 09/05/2023

Effective on: 9/19/2023

An application for rezoning shall include such information as required in the application checklist approved by the Director, which shall include, at a minimum, the following:

1. Zoning petition;
2. Zoning map showing the existing and proposed zoning of the subject property and the existing zoning of all properties within the notice radius;
3. Special provisions request, if applicable; and
4. Rezoning assessment of findings.

Effective on: 11/20/2018

1. Generally.
   1. Except as provided in Section 18.04.08.04, Prohibitions, it shall be unlawful to display, erect, relocate, or alter any sign without first filing with the City an application in writing and obtaining a sign permit.
   2. When a sign permit has been issued by the City, it shall be unlawful to change, modify, alter, or otherwise deviate from the terms or conditions of said permit without prior approval of the City. A written record of such approval shall be entered upon the original permit application and maintained in the building permit files of the Building Division.
2. Application Requirements.
   1. Applications shall be submitted on a form approved by the Director, which shall include, at a minimum, the information specified in this subsection. The application for a sign permit shall be made by the owner or tenant of the subject property, or his or her authorized agent, or a sign contractor licensed by the City.
   2. The application for a sign permit shall be accompanied by the following plans and other information:
      1. The name, address, and telephone number of the owner or persons entitled to possession of the sign and of the sign contractor or erector;
      2. The location by street address of the proposed sign structure;
      3. Elevation drawings of the proposed sign showing the dimensions of the sign and, where applicable, the dimensions of the wall surface of the building to which it is to be attached;
      4. The dimensions of the sign’s supporting members;
      5. The maximum and minimum height of the sign;
      6. The proposed location of the sign in relation to the face of a building, in front of which it is to be erected;
      7. A site plan showing the proposed location of the sign in relation to the boundaries of the lot upon which it is to be situated and other building improvements;
      8. Where the sign is to be attached to an existing building, a current photograph of the face of the building to which the sign is to be attached;
      9. A sign elevation indicating overall the letter / figure / design dimensions, colors, materials proposed, and illumination / lighting / beam method to be used;
      10. Plans indicating the scope and structural detail of the work to be done, including details of all connections, guidelines, supports and footings, and materials to be used;
      11. A statement of valuation.

Effective on: 11/20/2018

1. A.
   Generally. The requirements and standards of this Section apply to the Creative Sign Program option.
2. B.
   Authorization to Modify Requirements. Signage which is proposed as part of a Creative Sign Program may deviate from the standards of Division 18.04.08, Signs, subject to compliance with the standards set out in the approved Creative Sign Program.
3. C.
   Application Requirements. Applications shall be submitted on a form approved by the Director, which shall include, at a minimum, the following information.

   1. 1.
      The purpose for the Creative Sign Program and a description of how the program meets the approval criteria in subsection D, below.
   2. 2.
      An artist's rendering or similar graphic depiction of all proposed signs, and such plans, elevations, and other documents as necessary to indicate the proposed signs' location, size, height, number, scale, and relationship to related buildings and other nearby buildings, signs, and travel ways. The message to be displayed on the sign does not have to be included in the rendering.
   3. 3.
      A graphic depiction of the signage allowed under Division 18.04.08, Signs, may be required as a comparison to the requested signage in the Creative Sign Program.
4. D.
   Approval Criteria. A proposed Creative Sign Program may be approved only if it is demonstrated that, considered as a whole, and in comparison to that achievable through strict compliance with all requirements in this Division, the Creative Sign Program would result in a materially improved, comprehensive, and unified proposal, as follows:

   1. 1.
      Design. The sign(s):

      1. a.
         Constitute a substantial aesthetic improvement to the site and have a positive visual impact on the surrounding area;
      2. b.
         Are of a unique design, and exhibit imagination and inventiveness;
      3. c.
         Are architecturally integrated into or complementary to the design and materials of the buildings and character of the site, by using similar and coordinated design features, materials, and colors.
   2. 2.
      Materials. The sign(s) maintain attractive and compatible styling so as not to conflict or distract from the architectural character of the area, and the choice of materials and the workmanship in the use of the materials conveys both a sense of quality and creativity.
   3. 3.
      Modification of Sign Setbacks. Setbacks for freestanding signs may be different from the requirements of Division 18.04.08, Signs, if it is demonstrated that there is no impact on public safety, utility easements, or mature trees, the aesthetic impact of the modification is appropriately mitigated (or the modification reduces aesthetic impacts on nearby development), and all other requirements for approval of a Design Program are met.
   4. 4.
      Modifications of Height, Sign Area, Number and Location of Signs. The height, sign area, type, number, and location of signs permitted through the Creative Sign Program shall be determined based on the following factors:

      1. a.
         The overall size of the development and the scale of the use or uses located or anticipated to be located there (larger land areas and scales of use tend to favor larger signs and / or more signs);
      2. b.
         The relationship between the building setback and sign location for wall signs (higher visibility signage may be appropriate for buildings or sites with lower visibility due to topography, easements, elevated highways, watercourses, and comparable features or legal obstacles);
      3. c.
         The property frontage (larger property frontages may justify more freestanding signs, particularly if the dimensions of the property frontage tend to prevent sign clutter by allowing additional spacing between signs);
      4. d.
         Access and visibility to the property (limitations on access or visibility due to topography, easements, and characteristics of the adjacent street and circulation pattern may justify relocation or resizing of signs according to a Creative Sign Program);
      5. e.
         Consistency with the objectives and design policies of the Comprehensive Plan, special area plans, urban renewal plans, and any applicable land use plans, design plans, or design guidelines approved by the City for the area in which the Creative Sign Program is proposed.
5. E.
   Existing Signs. In addition to proposed new signage, all existing signs on a property for which a Creative Sign Program approval is sought shall be addressed in the proposal. Existing nonconforming signs may be made conforming by approval of a Creative Sign Program. Approval of the Creative Sign Program may be conditioned upon the removal or modification of any existing signs that reduce the application's level of compliance with the approval criteria.
6. F.
   Processing Timeline.

   1. 1.
      At the applicant's option, proposals may be processed separately, or concurrently with related development approvals (e.g., a Planned Unit Development, final plat, or site development plan.)

      1. a.
         If the proposal is processed concurrently with another type of application, the time frames for approval shall be those time frames that apply to the other type of application.
      2. b.
         If the proposal is not processed concurrently with another type of application, and a subsequent development approval conflicts with an approved Creative Sign Program (e.g., the location of a sign shown in the Creative Sign Program is shown on a subsequent site plan as occupied by a building or a parking area), then the subsequent development approval shall control and sign permits shall be denied to the extent of the conflict until the conflict is resolved by amendment to the development approval or amendment to the Creative Sign Program or both.
7. G.
   Conditions of Approval. The City may impose reasonable conditions on the Creative Sign Program that are not related to the content of the signs or the nature of the sign users, in order to ensure continuing compliance with the approved Creative Sign Program and any other applicable standards. 
8. H.
   Creative Sign Programs in the DTS District. Creative Sign Programs in the DTS District shall be referred to the Downtown Development Authority and the Historic Preservation Commission, as applicable, for review and comment.
9. I.
   Issuance of Permits. After approval of a Creative Sign Program, the Director shall issue sign permits for individual signs within such Program upon demonstration of compliance with the requirements set out in the approved Creative Sign Program.
10. J.
    Term of Approved Creative Sign Program. A Creative Sign Program approval shall be valid for one year after the date of approval, or such longer period as may be provided in a development agreement. Creative Sign Programs that are processed concurrently with a PUD Zoning Document, Final Subdivision Plat, or Site Development Plan approval shall be valid for the term of the associated development approval (i.e., if an associated PUD Zoning Document, Final Subdivision Plat, or Site Plan approval lapses, then the Creative Sign Program will simultaneously lapse). If a sign permit is issued according to the Creative Sign Program within the period during which the Creative Sign Program is valid, and the sign is thereafter timely constructed, then the Creative Sign Program shall remain effective until the applicant requests amendment or termination.
11. K.
    Amendments to a Creative Sign Program. The Director may grant up to a 20 percent variation to the dimensional standards in the Creative Sign Program Amendments subject to the standards in Section 18.17.15.01.C.2. Administrative Variations. Amendments that exceed this threshold shall be processed in the same manner as the original application.
12. L.
    Termination of Approved Creative Sign Program. An applicant may terminate a Creative Sign Program, provided that either:

    1. 1.
       No signs have been installed pursuant to the Creative Sign Program; or
    2. 2.
       The termination of the Creative Sign Program does not result in the presence of nonconforming signs on the applicant's property.

(Ord. 6753 §2, 02/08/2025) 

Effective on: 2/18/2025

1. Generally. A sketch site development plan is a generalized land use plan for, and generalized layout of, an area proposed to be included within one or more site development plans. Unless otherwise required by this UDC, a sketch site development plan is an optional plan that may be submitted prior to the submittal of a site development plan.
2. Contents. A sketch site development plan shall include such information as required in the application checklist approved by the Director, which shall be, at a minimum, the following information:
   1. The number of residential dwelling units that will be allowed within the subject property;
   2. The minimum landscape surface ratio and the general location of significant landscape areas;
   3. The maximum floor area of each generalized category of nonresidential land use that will be allowed within the subject property;
   4. Number of off-street parking spaces and general location of parking areas;
   5. The general location of buildings, parking areas, significant structures, vehicular, pedestrian and emergency access and circulation, and significant drainage facilities (e.g., detention ponds);
   6. Width and type of buffers along the boundaries of the subject property;
   7. Location of environmentally sensitive areas;
   8. Thematic illustrations of building architecture (unless otherwise provided in a pattern book, or separately provided for design review);
   9. Traffic worksheet or impact study as determined by the City Engineer;
   10. Land designated for on-site amenity areas in general multifamily developments and land areas designated for common amenity areas in a complete neighborhood or residential subdivision.
3. Standards.
   1. Applications for a sketch site development plan shall be reviewed in accordance with the standards in the UDC.
   2. Applications for a sketch site development plan for an adaptable use shall also be reviewed in accordance with Section 18.02.04.12, General Standards for Adaptable Uses.
   3. Applications for a sketch site development plan for a conditional use shall also be reviewed in accordance with Section 18.02.04.13, General Standards for Conditional Uses.
4. Effect. Approval of a sketch site development plan shall be deemed an approval of the use, general location, layout, access, mass, density, and intensity shown on the plan, and shall guide the preparation of the site development plan application. Approval of a sketch site development plan shall not constitute final approval of a site development plan. Any subsequent proposed site development plan shall be in substantial compliance with the approved sketch site development plan. Substantial compliance is achieved when the Director finds that the site development plan does not:
   1. Change the principal use(s) within the subject property;
   2. Increase the number of residential dwelling units by more than 20 percent (limited by the maximum density allowed for the subdivision); or nonresidential floor area by more than 20 percent;
   3. Involve a reduction of more than five percent below the stated landscape surface ratio (limited by the minimum landscape surface ratio allowed for the subdivision);
   4. Increase the total footprint of buildings by more than five percent; or
   5. Materially increase impacts on adjacent properties by altering the general location, layout, and vehicular access, shown on the plan.

Effective on: 11/20/2018

1. A.
   Generally. A site development plan is a site specific land use plan required for all development, except the following:

   1. 1.
      Single family detached residential or duplex dwelling units, except in where an adaptable use approval is required pursuant to Section 18.02.04.02, Scale Thresholds in DT and Residential Zones;
   2. 2.
      Tenant finishes that do not constitute a change in use;
   3. 3.
      Routine building and site repairs or maintenance;
   4. 4.
      Landscape maintenance and modification that does not result in noncompliance with a landscape plan approved by the City;
   5. 5.
      Exterior building modifications that do not expand building floor area or relocate public entrances; or
   6. 6.
      When the Director determines that a site development plan would otherwise serve no useful purpose in terms of the determination of the proposal’s compliance with the requirements of this UDC.
2. B.
   Common Open Space, Recreation and Amenity Areas. A site development plan is required for common open space, recreation and amenity areas within a development.
3. C.
   Contents. A site development plan shall include such information as required in the application checklist approved by the Director, which shall at a minimum include the following:

   1. 1.
      The number of residential dwelling units and density for multifamily or mixed-use development;
   2. 2.
      The open space ratio or landscape surface ratio (or both, as applicable), and the location of landscape and common amenity areas;
   3. 3.
      The gross floor area of each proposed nonresidential land use;
   4. 4.
      The number of off-street parking spaces;
   5. 5.
      The location of buildings, parking areas, access, emergency access, trail connections, pedestrian circulation, drainage facilities (e.g., detention ponds and outfalls), and environmentally sensitive areas;
   6. 6.
      A landscape plan (including all bufferyards and landscape areas);
   7. 7.
      An Environmentally Sensitive Areas Report;
   8. 8.
      Proposed building architecture;
   9. 9.
      A photometric plan;
   10. 10.
       A traffic worksheet or traffic impact study (as determined by the City Engineer);
   11. 11.
       A final drainage report and drainage plan; and
   12. 12.
       Public improvement construction plans.
   13. 13.
       For qualified affordable housing developments that will be subject to condominium ownership or offered for-rent (e.g., multi-family housing), the Site Development Plan shall indicate the percentage of units within the development that shall be constructed as affordable housing units.
4. D.
   Review Standards.

   1. 1.
      Generally. Applications for a site development plan shall be reviewed in accordance with the standards in the UDC.
   2. 2.
      Adaptable Uses. An application for a site development plan for an adaptable use shall also be reviewed in accordance with Section 18.02.04.12, General Standards for Adaptable Uses.
   3. 3.
      Conditional Uses. An application for a site development plan for a conditional use shall also be reviewed in accordance with Section 18.02.04.13, General Standards for Conditional Uses.
5. E.
   Deferral to Building Permit. A site development plan for a use by right or limited use for redeveloping properties may be submitted concurrently with a building permit application, provided that the Director finds the following:

   1. 1.
      Minimal or no additional utility or street improvements are required;
   2. 2.
      Parking requirements can be met with minimal additional paving;
   3. 3.
      The existing vehicular ingress and egress provisions are adequate;
   4. 4.
      Building additions are less than 20 percent of the existing building floor area; and
   5. 5.
      Existing landscape area and landscape function is not substantially diminished.
6. F.
   Waiver. A site development plan may be waived by the Director for development or redevelopment that proposes minimal landscaping adjustments, site improvements, or exterior building improvements.
7. G.
   Minor Amendments to a Site Development Plan.

   1. 1.
      Amendments complying with the thresholds in subsection D. of Section 18.17.15.01, Administrative Variations, shall be processed as a minor amendment to the site development plan in accordance with a Track 1 Decision-Making Track. The Director may approve, approve with conditions, or deny the amendment.
   2. 2.
      In addition to subsection G.1, above, amendments for adaptable and conditional uses shall be reviewed in accordance with the applicable review standards referenced in subsection D., above. If the Director determines that the amendment may have adverse impacts on the neighborhood, the Director may require a Track 2 Decision-Making Track.
8. H.
   Major amendments to a Site Development Plan. Amendments that exceed the thresholds in subsection D. of Section 18.17.15.01, Administrative Variations, shall be processed in accordance with Section 18.17.15.03 Major Amendments. 
9. I.
   Effect. Approval of a site development plan shall be deemed approval of the use, location, layout, access, mass, density, architecture, landscaping, lighting, and intensity shown on the plan. No building permit shall be issued until a site development plan has been approved or waived by the Director. A site development plan shall expire in accordance with subsection C. of Section 18.14.03.13, Effect of Approvals.

Ord. 6636 §54, 09/05/2023

Effective on: 9/19/2023

1. Generally. Design review is an optional process to determine if building architecture complies with the design standards in the UDC prior to submittal of the architectural drawings in a pattern book, sketch site development plan, or site development plan.
2. Review. The Director will review the proposed architecture for all buildings within the property and provide a comment letter to the applicant. If such buildings comply with the applicable building design standards, the comment letter will include a determination of compliance and an authorization to proceed to a pattern book in a complete neighborhood, sketch site development plan, or site development plan, as applicable. If such buildings do not comply with applicable building design standards, the comment letter will identify noncompliant design elements.
3. Non-Binding. Any comments provided to the applicant are informational only and shall not constitute a commitment on behalf of the City regarding the approval of a subsequent pattern book, sketch site development plan, or site development plan.

Effective on: 11/20/2018

A request for a design review shall include such information as required in the application checklist approved by the Director, which shall include, at a minimum, the following:

1. General architectural elevations;
2. General site plan showing building locations; and
3. Items selected from the menu of design standards that are applicable to the building(s).

Effective on: 11/20/2018

1. A.
   Generally. A sketch plat is a generalized land use plan for, and generalized layout of, an area proposed to be included within a subdivision. This is an optional step for subdivisions that do not propose new public improvements, but a required step for subdivisions in which new public improvements are necessary (e.g., streets, grading and drainage, and utility services or extensions).
2. B.
   Waiver. A sketch plat may be waived by the Director for a subdivision that proposes minimal public improvements.
3. C.
   Contents. A sketch plat shall include such information as required by the Director, which shall at a minimum, include the following:

   1. 1.
      The number of residential dwelling units that will be allowed within the subdivision;
   2. 2.
      The minimum open space ratio and the general location of significant areas of common open space;
   3. 3.
      The location and type of environmentally sensitive areas and associated buffers;
   4. 4.
      The maximum floor area of each generalized category of nonresidential land uses that will be allowed within the subdivision;
   5. 5.
      The general location of lots, blocks, streets, alleys, trails, and significant drainage facilities (e.g., detention ponds); and
   6. 6.
      The types of lots and tracts that are anticipated within each block, in terms of generalized land use, housing palette type or types (see Division 18.04.02, Housing Palette), and buffers along the boundaries of the proposed subdivision;.
   7. 7.
      Traffic worksheet or impact study as determined by the City Engineer;
   8. 8.
      Preliminary utility plan.
   9. 9.
      Geotechnical report;
   10. 10.
       Typical street cross sections; and
   11. 11.
       Horizontal geometry of streets.
   12. 12.
       Delineation of affordable housing units for qualified affordable housing developments as provided in subsection D, below.
4. D.
   Affordable Housing Annotation

   1. 1.
      All sketch plats for affordable housing developments or that include affordable housing units shall indicate which dwelling units shall be constructed as affordable housing units to ensure dispersal of the units within the development in accordance with Section 18.17.15.04 Affordable Housing Flexibility.
   2. 2.
      For developments that will be subject to fee-simple ownership (e.g., single-family detached dwelling units on platted lots), each lot upon which an affordable housing unit is to be constructed shall be designated on the Sketch Plat.
   3. 3.
      For a phased development, each phase of the sketch plat shall indicate which dwelling units shall be constructed as affordable housing units. The Director, in all instances, shall have the discretion to approve the number and location of affordable housing units within a phased development so long as the required ratio of affordable housing units to the overall number of market-rate units is maintained for each phase of the development.
   4. 4.
      The Director shall have the authority to approve administrative amendments to sketch plats changing the designated location of affordable housing units provided that such locations are in substantial compliance with the intent of Section 18.17.15.0E Dispersion of Affordable Housing.
5. E.
   Effect. The approved sketch plat shall be the basis for approval of one or more subsequent final plats. Proposed final plats shall be in substantial compliance with the approved sketch plat. Substantial compliance is achieved when the Director finds that final plat does not:

   1. 1.
      Substantially reconfigure the locations of lots, blocks, streets, alleys, or trails;
   2. 2.
      Change the configuration of lots, uses, or bufferyards within 150 feet of the boundaries of the proposed subdivision in a manner that would tend to reduce buffering against or increase impacts upon adjacent property used for single-family detached, duplex, multiplex, or townhome development;
   3. 3.
      Change the generalized principal use(s) or materially change the location of said uses within the subdivision;
   4. 4.
      Increase the number of residential dwelling units by more than 20 percent (limited by the maximum density allowed for the subdivision); or nonresidential floor area by more than 20 percent;
   5. 5.
      Involve a reduction of more than five percent below the stated open space ratio (limited by the minimum open space ratio allowed for the subdivision); or
   6. 6.
      Materially increase impacts on adjacent properties.
6. F.
   Informational Letter. Prior to approval of a sketch plat, the applicant shall send notice to property owners identified in Section 18.14.04.02, Required Notice by Application Type. The letter shall include information as specified in the application checklist approved by the Director. 
7. G.
   Decision-Making Process. If the Director determines that, based on public comments, the subdivision may have adverse impacts on the neighborhood, the Director may require a Track 2 Decision-Making Track.

Ord. 6636 §55, 09/05/2023

Effective on: 9/19/2023

1. A.
   Generally. Before subdividing or resubdividing any lot, tract, or parcel of land in the City into two or more lots, tracts, parcels, or outlots for the purpose (whether immediate or future) of transfer of ownership or building development, the property owner shall first obtain final plat approval unless an exception therefrom is granted pursuant to Section 18.17.13.03, Limited Exceptions to Subdivision Approval Requirements.
2. B.
   Sales Prior to Approval Prohibited. Except for the exempt transactions described in Section 18.17.13.03, Limited Exceptions to Subdivision Approval Requirements, no owner or agent of the owner of any land shall transfer, sell, or agree to sell any land located by reference to, exhibition of, or by the use of a subdivision plat before a final plat that describes the lots, tracts, parcels, or outlots has been approved by the City and recorded in the office of the Larimer County Clerk and Recorder. The description of a lot, tract, parcel, or outlot by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring real property shall not exempt the transaction from any penalties provided by law.
3. C.
   Relationship to Buildings and Building Permits. No building shall be erected on any lot, tract, or parcel of land, nor shall a building permit be issued for a building unless the lot, tract, or parcel of land is:

   1. 1.
      A listed exemption pursuant to Section 18.17.13.03, Limited Exceptions to Subdivision Approval Requirements;
   2. 2.
      Part of a subdivision that is approved pursuant to this UDC or prior subdivision regulations; or
   3. 3.
      Used exclusively for agricultural purposes.
4. D.
   Subdivision of Duplex and Townhomes Constructed Prior to the Effective Date of the UDC. A final plat can be used to subdivide duplex and townhome units built prior to the effective date of this UDC, onto lots that are smaller than the minimum required in the housing palette, when separate conveyance of each unit is desired by the applicant. The duplex or townhome units must have been constructed legally in compliance with the lot standards at the time of construction.
5. E.
   Contents of Application. A final plat shall include such information as required by the application checklist approved by the Director, which at a minimum shall include the following:

   1. 1.
      A title commitment or title information binder, dated within 30 days of the application;
   2. 2.
      A subdivision plat;
   3. 3.
      An Environmentally Sensitive Areas Report;
   4. 4.
      A landscape plan for all common and amenity areas;
   5. 5.
      Final Drainage, Erosion and Sediment Control Reports and Plans;
   6. 6.
      Public Improvement Construction Plans;
   7. 7.
      A Geotechnical Investigation Report;
   8. 8.
      Information necessary to demonstrate compliance with Division 18.04.02, Housing Palette.
6. F.
   Development Agreements. Prior to approval of a final plat, all conditions of approval shall be included in a development agreement in accordance with Section 18.14.02.04, Development Agreements.
7. G.
   Informational Letter.  Prior to approval of a final plat for which a sketch plat was not required, the applicant shall send notice to property owners identified in Section 18.14.04.04, Specific Requirements by Notice Type. The letter shall include information as specified in the application checklist approved by the Director.
8. H.
   Decision-Making Process. If the Director determines that, based on public comments, the subdivision may have adverse impacts on the neighborhood, the Director may require a Track 2 Decision-Making Track.

Effective on: 11/20/2018

1. Limited Exceptions for Metes and Bounds Parcels.
   1. Notwithstanding the provisions of this Section or any Colorado law to the contrary, any parcel of land, whether larger or smaller than 35 acres, may be conveyed and transferred by metes and bounds description or by other usual and customary method of land description, without being subject to the subdivision requirements of this Division; provided that no such transfer shall imply or confer any right to develop, or create a new lot, or create a nonconformity of any nature whatsoever, or circumvent the intent or requirements of this UDC. Before development may occur on any such parcel, the owner shall subdivide the property in conformity with all requirements of this UDC.
   2. Every deed or other instrument conveying or otherwise transferring unsubdivided property within the City according to this subsection B. shall contain the following statement in bold type prominently displayed on the face of said deed or instrument:

      “The transfer of real property accomplished pursuant to this deed [or other instrument] does not confer or imply that the conveyed property or the remainder property may be used for development within the City of Loveland, Colorado. Any future development of the property shall be subject to all development requirements of the City of Loveland, including, without limitation, all zoning and subdivision requirements and procedures.”

2. Limited Exceptions for Agricultural Uses and Annexed Enclaves.
   1. Agricultural Uses. The limitation set out in subsection C. of Section 18.17.13.02, Final Plat, does not apply to agricultural buildings or to agricultural structures that require building permits.
   2. Enclaves. For areas annexed into the City as part of an enclave annexation, building permits may be issued for parcels that have not received subdivision approval for the purpose of making interior or exterior improvements to existing structures, regardless of use (i.e., residential, commercial or industrial). Further, for residential structures only, building permits may be issued without subdivision approval for building additions and construction of accessory structures provided any such addition or accessory structure complies with all requirements of this UDC for the zone in which the parcel is located. In such cases, setback measurements shall be based upon a field survey or existing survey monumentation. The exceptions set forth in this subsection shall only apply to residential, commercial or industrial structures that existed on or before the effective date of the enclave annexation.
3. Exemptions to Subdivision Approval Requirement. This Division shall not apply to any division of land created:
   1. By division of public streets or rights-of-way pursuant to a lawful right-of-way vacation;
   2. By the creation of cemetery plots;
   3. By the establishment of street rights-of-way or other divisions of lands for public purposes not involving the necessity of subdividing adjoining lands;
   4. By order of a court; or
   5. By virtue of the foreclosure of a deed of trust.

Effective on: 11/20/2018

1. Generally. The purpose of a boundary line adjustment is to modify or move the boundary between two or more lots, tracts, outlots, or parcels, generally to resolve uncertain or disputed boundaries between separate owners. Before any boundary adjustment shall be legally effective for any purpose, whether immediate or future, including transfer of ownership or building development of the resulting lots or tracts, the boundary line adjustment shall be processed in accordance with the standards of this Section.
2. Standards. Any decision approving or conditionally approving an application for a boundary line adjustment shall be based upon whether the applicant(s) have demonstrated that the proposed boundary line adjustment meets the following standards:
   1. The adjustment involves adjoining lots, tracts, outlots, or parcels under separate ownership;
   2. No new lot, tract, outlot, or parcels is created;
   3. The resulting lots, tracts, outlots, or parcels (and buildings or structures on the lots, tracts, outlots, or parcels) comply with applicable zoning standards;
   4. The resulting lot, tract, outlot, or parcel boundaries will not create conflict with existing structures or utilities;
   5. The resulting lots, tracts, outlots, or parcels will have adequate access;
   6. The adjustment does not create, or mitigates to the extent possible, negative impacts on the surrounding property;
   7. The resulting lots, tracts, outlots, or parcels allow for the efficient use of the property;
   8. The adjustment does not affect any wetland area, unless its purpose is to enhance wetland protection.
3. Application. An application for a boundary line adjustment shall include such information as required by the checklist approved by the Director, which shall at a minimum include the following:
   1. A title commitment or title information binder, dated within 30 days of the date of application;
   2. A proposed final plat;
   3. A site plan, if applicable; and
   4. Public improvement construction drawings, as applicable.
4. Recordation. Upon approval by the Director and conclusion of any applicable appeal procedures, the boundary line adjustment plat or unity of title in lieu of boundary line adjustment shall be recorded in compliance with Section 18.14.03.14, Recording of Approvals.

Effective on: 11/20/2018

1. A.
   Lot Mergers.

   1. 1.
      Generally. Before any lot merger shall be legally effective for any purpose, whether immediate or future, including transfer of ownership of or building development on, the resulting lot(s), the lot merger shall be processed in accordance with the standards of this Section.
   2. 2.
      Standards. Any decision approving or conditionally approving an application for a lot merger shall be based upon whether the applicant has demonstrated that the proposed lot merger meets the following standards:

      1. a.
         The lots or tracts to be merged are, at the time of merger, under common ownership and written consent has been obtained from all record owners and holders of recorded deeds of trust or comparable monetary liens (if applicable);
      2. b.
         The lots or tracts as merged will be in a single zone district and will comply with the applicable zoning standards;
      3. c.
         Access to parcels adjoining the resulting lots or tracts will not be restricted by the merger;
      4. d.
         The merger does not create, or mitigates to the extent possible, negative impacts on the surrounding property; and
      5. e.
         The resulting lots or tracts allow efficient use of the property.
   3. 3.
      Application. An application for lot merger shall include such information as required by the application checklist approved by the Director, which shall at a minimum include the following:

      1. a.
         A title commitment or title information binder dated within 30 days of the date of application;
      2. b.
         A proposed plat;
      3. c.
         A site development plan (if applicable); and
      4. d.
         Public improvement construction drawings, as applicable.
2. B.
   Unity of Title Alternative. 

   1. 1.
      Generally. The unity of title alternative is available to owners of a property that consists of two or more adjoining lots that have been historically used as one parcel and for which there would be little value in processing a lot merger (referred to collectively as the "property" for purposes of this Section only).  
   2. 2.
      Eligibility. To be eligible for a unity of title alternative, the property must meet the following criteria:

      1. a.
         The property consists of two or more adjoining lots under a common ownership;
      2. b.
         The property is in a single zone district;
      3. c.
         One or more of the lots which are part of the property are undevelopable due to the lot size or lot square footage being nonconforming with the provisions in Division 18.04.02 Housing Palette and Division 18.04.03 Nonresidential and Mixed-Use Bulk Standards; and either 

         1. 1.
            The lot contains an existing structure(s) that is located on or over a property line, for which issuance of a building permit would otherwise require the consolidation of the lots; or
         2. 2.
            The lot was legally created prior to the establishment of the City’s subdivision procedures on May 15, 1967.
   3. 3.
      Limitations. An owner of property is not eligible for the unity of title alternative for the following purposes:  

      1. a.
         Redevelopment (as defined in Division 18.19.03, Definitions);
      2. b.
         Development of vacant property; and
      3. c.
         The issuance of a building permit for a property that does not meet the criteria set forth in B. 2, above. 
   4. 4.
      Procedure. The owner of a subject property that is eligible pursuant to subsection B.2., above, may request that in lieu of a lot merger the City issue the building permit upon execution of a unity of title in a recordable form approved by the City Attorney.
   5. 5.
      Contents of Unity of Title. The unity of title shall be in the form of a covenant or deed restriction that restricts the owner’s right to convey the subject lots included in the unity of title as separate parcels without first subdividing it..
   6. 6.
      Release of Unity of Title. The unity of title shall be released by the City upon the determination of the Director that the purpose for which the unity of title was executed is no longer served.
   7. 7.
      Administrative Authority. The Director shall have the authority to execute any agreement providing for unity of title, and to any release of a unity of title on behalf of the City.
3. C.
   Recordation. Upon approval by the Director and conclusion of any applicable appeal procedures, the lot merger plat or unity of title in lieu of lot merger shall be recorded in compliance with Section 18.14.03.14, Recording of Approvals.

Ord. 6445 §9, 12/15/2020

Effective on: 12/29/2020

1. Generally. A simple plat is a legal instrument used to convert a subject property that is described with a metes and bounds, or an annexed parcel that is not proposed for subdivision, into a legal lot of record. A simple plat describes the boundaries of property and shall not be used to subdivide property.
2. When Required. A simple plat is required prior to the issuance of a building permit for the development or redevelopment of the subject property if the subject property is not a legal lot of record. Development or redevelopment in this case means the construction of new principal uses, and shall exclude improvements to existing structures or construction of accessory structures on parcels that are annexed as part of an enclave.
3. Application. A simple plat shall include such information as required by the Director, which shall be, at a minimum, the following information:
   1. A title commitment or title information binder dated within 30 days of the date of application;
   2. A proposed simple plat; and
   3. A proposed site development plan, if applicable.
4. Review. A simple plat shall be reviewed for conformance with the requirements of the underlying zone, and for closure of the legal boundaries of the simple plat.

Effective on: 11/20/2018

1. Generally.
   1. In making the survey for a subdivision or annexation, a Colorado professional land surveyor shall set sufficient permanent monuments so that the survey or any part thereof may be readily retraced.
   2. Before final approval of any final subdivision plat or annexation map, permanent survey monuments shall be set at all angle points and points of curvature on the exterior boundary lines. Boundary monuments shall be of a type specified by Colorado statute.
   3. Before the acceptance of any newly constructed streets, centerline monuments shall be set at all street intersections, points of curvature, angle points, all intersections of street centerlines with the boundary of the subdivision and points that define the geometry of cul-de-sacs. Street centerline monuments shall be of a type specified by Colorado statute.
2. Placement of Monuments.
   1. Monuments shall be placed:
      1. As required by the applicable standards of Article 51 of Title 38, Colorado Revised Statutes (Minimum Standards for Land Surveys and Plats); and
      2. At all points of intersection of street centerlines with the boundary of the subdivision;
      3. At all street centerline intersections within the subdivision; and
      4. At all street centerline points of curvature and deflection points within the subdivision.
   2. Monuments that are set in streets shall be set after the final lift of pavement.
3. Type of Monuments. Permanent monuments shall be of the types that are required by Article 51 of Title 38, Colorado Revised Statutes (Minimum Standards for Land Surveys and Plats).
4. Annotation of Final Plat. The character, type, and position of all monuments and corners shall be noted on the final map or plat.

Effective on: 11/20/2018

Proposed subdivision names shall be approved by the Director, and shall not duplicate or too closely approximate, phonetically, the name of any other subdivision in the City or vicinity. Subdivisions may be named as sequential, numerical derivations of a development (e.g., Blackacre First Subdivision, Blackacre Second Subdivision, etc.), or of the annexation map that incorporated the property into the City limits.

Effective on: 11/20/2018

1. Generally. A site work permit authorizes the construction of site improvements and is reviewed and issued following the approval of a site development plan.
2. Application.
   1. A site work permit shall include such information as required in the application checklist approved by the City Engineer, which shall at a minimum include the following:
      1. Development Construction Permit Application;
      2. Required permits from the Colorado Department of Public Health and Environment;
      3. Stormwater permits; and
      4. An engineering deposit for power.
   2. The City Engineer may waive application requirements that the City Engineer determines are not pertinent to his or her review.
3. Waiver of Permit Requirement. A site work permit may be waived by the City Engineer for development or redevelopment that proposes minimal or no public improvements.

Effective on: 11/20/2018

A pre-construction meeting is required in order to discuss the construction plans, project schedule, and key items concerning the project. The pre-construction meeting may be waived based on the nature and scope of the project or a determination by the City Engineer that the meeting would not serve a useful purpose. The waiver of a pre-construction meeting associated with a site work permit does not waive any utility pre-construction meeting if required by the utility providers.

Effective on: 11/20/2018

Issuance of a site work permit authorizes the commencement of all site improvements shown or described in the construction plans associated with the site development plan. The site work permit does not authorize any demolition or construction of buildings, building foundations, or similar structures on the subject property or construction in public street or alley rights of way (or pedestrian easements for street sidewalks). Per the City of Loveland Street Standards, a separate City Right-of-Way (“ROW”) Work Permit is required to install and / or repair and / or maintain street sidewalks, drive approaches, curbs, gutters, and curb ramps, as well as for excavations, and / or lane closures.

Effective on: 11/20/2018

1. A.
   Generally. The purpose of this Section is to provide a process to allow minor variations to dimensional or numerical standards to facilitate efficiency in the development review and approval process and to facilitate development in accordance with development applications that have received final approval. The Director may approve, approve with conditions, or deny administrative variations pursuant to subsection C., below, for development applications in the development review process set forth in Chapter 18.14, General Review Procedures. Variations may be approved, approved with conditions, or denied by the Director, and where indicated, the City Engineer, pursuant to subsection D., below, for development applications that have received final approval in accordance with Section 18.14.02.02, Decision-Making Tracks by Application Type, or prior to the effective date of the UDC.
2. B.
   General Limitations. Where different amendment procedures are established in Chapter 18.17, Specific Review Procedures and Approval Standards, those procedures shall supersede the provisions in this Division.   
3. C.
   Development Applications In Process. The Director may grant up to a 20 percent variation to the dimensional or numerical standards in the UDC, subject to the limitations in subsection C.1. and the standards in subsection C.2., below.

   1. 1.
      Limitations.

      1. a.
         Chapter 18.10, Oil, Gas, and Mineral Development. No variation shall be granted to the standards set out in Section 18.10.02.01, COGCC Standards Adopted, or any other standard requiring compliance with COGCC rules or regulations.
      2. b.
         Chapter 18.06, Site Design. A variation to the standard for on-site amenities for multifamily development shall be subject to the findings in subsection D.4. of Section 18.06.07.03, General Multifamily.
      3. c.
         Chapter 18.04, Lots, Buildings, and Structures. Variations granted under this subsection C.1.:

         1. 1.
            Shall comply with the limitations on encroachments set out in Section 18.04.04.02, Setback Encroachments; and
         2. 2.
            No variation shall be granted to the Building Height standards set out in Chapter 18.04, Lots, Buildings, and Structures (variations to Building Height shall be subject to approval by the Planning Commission in accordance with Section 18.17.15.06, Height Exception).
      4. d.
         Chapter 18.03, Density and Intensity. No increase in density shall be granted if the variation would result in a density that falls within the density range of another zone, as set forth in Section 18.03.02.02, Residential Density, except as provided in Section 18.17.15.04 Affordable Housing Flexibility.
      5. e.
         Chapter 18.05, Access, Circulation, Parking, and Loading. No variation shall be granted if required parking has previously been reduced pursuant to:

         1. 1.
            Section 18.05.03.05, Shared Parking;
         2. 2.
            Section 18.05.03.06, Parking Credits and Reductions; or
         3. 3.
            Section 18.05.03.07, Parking Studies.
      6. f.
         Variances. Administrative variations shall not be granted if a variance modifying the same standard has been previously granted, and the variance remains in effect.
   2. 2.
      Standards. The Director may grant an administrative variation if it is demonstrated that:

      1. a.
         The proposed variation will not substantially alter the appearance or function of the proposed development in a manner that increases its perceptible negative impacts on adjacent properties or public rights-of-way;
      2. b.
         The proposed variation will not materially increase the intensity of the use of the property;
      3. c.
         The proposed variation will not require an amendment to any previously executed agreement between the applicant and the City or modify a condition or restriction placed on the subject property by the City;
      4. d.
         The variation will not adversely affect reasonable development expectations related to, or the present use and enjoyment of, adjacent land;
      5. e.
         The proposed variation will not have a perceptible negative impact on public health or safety; and
      6. f.
         The proposed variation does not encroach upon easements, or the impacted easement holders have submitted a written authorization for the encroachment.
4. D.
   Approved Development Applications. Administrative variations may be granted to modify applications that have already been approved, provided that all of the standards and requirements of this subsection are met.

   1. 1.
      Range of Administrative Flexibility. The items listed in this subsection D. qualify for an administrative variation within the ranges specified herein. If an item does not qualify for an administrative variation, it is considered a major amendment, and must be processed as set out in Section 18.17.15.03, Major Amendments.

      1. a.
         Non-Residential Floor Area. Up to a one percent increase in building floor area for any commercial or industrial development. The increase is limited to hallways, stairways, restrooms or storage, or a proven necessity for the operational safety of the project.
      2. b.
         Setbacks.

         1. 1.
            Setback decreases from internal lot lines and (where applicable) between structures (except buildings), up to 20 percent of the original setback or spacing distance, provided that Building Code requirements are met.
         2. 2.
            Setback decreases from external lot lines adjacent to streets, up to 10 percent of the original setback distance.
         3. 3.
            A reduction up to 10 percent for the minimum distance between buildings. However, the reduction shall not authorize spacing between that is buildings less than allowed by the Building Code.
      3. c.
         Building Footprints.

         1. 1.
            A 10 percent increase in building footprint.
         2. 2.
            A reduction in building footprint, but no increase in approved Building Height or residential density.
      4. d.
         Location of Buildings. Building envelopes and footprints may be relocated, provided such relocation does not change an approved development restriction. Additionally, an analysis of impacts to the originally approved drainage study shall be provided with a request to alter approved building locations. To accommodate a request to “flip-flop” building footprints of dissimilar configurations, the buildings shall be comparable in height and massing.
      5. e.
         Heights. Building Heights may be increased:

         1. 1.
            Up to 20 percent, for buildings that are four stories or less in height, provided that the administrative variation is not used to circumvent the requirements of Section 18.02.04.02, Scale Thresholds in DT and Residential Zones.
         2. 2.
            As required to comply with subsection C. (roof-mounted equipment) of Section 18.04.07.16, Utilities and Mechanical Equipment.
      6. f.
         Open Space. A reduction of open space of up to 10 percent of the original requirement (e.g., if the original requirement was 25 percent, the Director may authorize a reduction to 22.5 percent).
      7. g.
         Parking. A variation to required parking of up to 10 percent of the original parking requirement, upon demonstration that the increase or decrease is appropriate for the proper function of the development, or that the approved uses have been substantially changed, justifying the request.
      8. h.
         Access. The City Engineer may authorize changes to the number or type of access locations, access design, and/or internal circulation design pursuant to the standards in the City of Loveland Street Standards.
      9. i.
         Drainage. Changes to drainage routing or facility designs in order to allow for revisions that reduce the impacts of drainage on adjacent properties in a manner that is consistent with City requirements.
      10. j.
          Public Improvements. Changes to the specifications of public improvements, provided that the modifications are consistent with the City of Loveland Street Standards or other applicable City standards.
      11. k.
          Signage, Lighting, Landscaping, Trash Disposal Areas, Architectural Treatments.

          1. 1.
             Changes to signage, lighting, landscaping, trash disposal areas, and architectural treatment elements, provided that the changes are consistent with the requirements of this UDC.
          2. 2.
             Changes to a landscape plan to implement water conservation measures.
   2. 2.
      Measurements.

      1. a.
         Standards are considered maximums and minimums as follows:

         1. 1.
            Maximums: density, building coverage, Building Height, and floor area.
         2. 2.
            Minimums: setbacks, open space, and parking.
      2. b.
         No variation is required for reductions to maximum standards, or increases to minimum standards, except as they may require changes to:

         1. 1.
            Building footprints;
         2. 2.
            Landscaping for increases in open space; and
         3. 3.
            Drainage reports for increased parking.
      3. c.
         If an exception set out in subsection D.2.b., above, applies, then a variation to the development plan may be required.
      4. d.
         When a proposed variation involves dimensional or spatial modifications up to the allowable threshold, the base used for measurement shall be the original approval. Prior administrative variations shall not be used as a point of measurement for subsequent administrative variations.
   3. 3.
      Specific Exclusions. The following items are not eligible for approval as an administrative variation under any circumstances;

      1. a.
         An increase in the number of residential units;
      2. b.
         An application that requires additional right-of-way dedications or public improvements, a traffic study, a drainage study, a public improvement agreement, or modification of an existing annexation or development agreement;
      3. c.
         A transfer of density from one phase to another or one site to another, unless the transfer is specifically authorized in the plan (where density by area or phase is specified on an approved plan);
      4. d.
         Increases to the approved Building Heights on a site development plan, except as specifically provided in subsection D.1.e., above; and
      5. e.
         Subdivision related changes (such as lot lines, easements, rights-of-way, internal roadways, vacations and / or drainage systems), which require a plat correction or vacation application.
   4. 4.
      Approval Standards. The Director may approve an administrative variation under this subsection D. if it is demonstrated that:

      1. a.
         The variation implements, or does not reduce the potential for implementation of, the Comprehensive Plan or an applicable sub-area plan;
      2. b.
         The variation is consistent with the efficient development and preservation of the approval;
      3. c.
         The variation will not adversely affect reasonable development expectations for, or the use and enjoyment of, adjacent land;
      4. d.
         Approval of the variation is in keeping with the spirit and intent of this UDC and will not weaken the purposes of its regulations; and
      5. e.
         Approval will not adversely affect the public health, safety, or welfare.
   5. 5.
      Recordation Procedures. Administrative variations to recorded approvals shall be recorded in accordance with Section 18.14.03.14, Recording of Approvals.
   6. 6.
      De Minimus Modifications. If a proposed site improvement is so minor in terms of the overall development (e.g., addition of a generator) as to have no impact on the other elements of the approved development, including but not limited to minimum open space, parking, access, drainage, signage, lighting, architectural treatments, and landscaping, as determined by the Director, such site improvement shall not require an administrative variation. Such improvements shall not involve the removal of required parking or landscaped areas, nor have an effect on approved drainage plans or vehicular access patterns.
   7. 7.
      Notice to Planning Commission. The Planning Commission shall be notified in writing of all decisions of the Director with respect to administrative variations that are granted pursuant to this subsection D.

Ord. 6636 §56, 09/05/2023

Effective on: 9/19/2023

1. Plats and Annexation Maps. Minor corrections to an approved sketch plat, preliminary plat, final plat, or annexation map shall be permitted in accordance with the following:
   1. Unrecorded Plats or Annexation Maps. Final plats or annexation maps that have not yet been recorded may be corrected prior to recording as follows:
      1. For plats or annexation maps that have not yet been recorded, the Director may authorize a correction to said plat or map for typographical or transposition errors or for minor variations in the boundary dimensions or easements caused by errors or other unforeseen difficulties.
      2. Such changes authorized by this section shall not exceed 10 percent of any measurable standard (except to correct an obvious typographical error) or modify the use, character, or density of an approved application.
      3. All plats or annexation maps so modified shall be revised to show the authorized changes, which changes shall become a part of the permanent records of the City.
      4. No such changes shall be effective unless the owner or owners, all current lienholders, all current easement holders, and the Director sign the corrected plat or map.
   2. Recorded Plats or Annexation Maps.
      1. If it is discovered that there is a minor survey or drafting error in a recorded final plat or annexation map, the Director may authorize a correction of a plat or map for typographical or transposition errors or minor variations in the boundary dimensions or easements caused by errors or other unforeseen difficulties, so long as said change does not affect lot dimensions, lot layout, fee-simple dedications, or separately recorded easements (unless same are also corrected). No such modification shall be effected unless there is submitted therewith:
         1. A surveyor’s affidavit certifying the correction; and
         2. A certificate signed by all current lienholders, all current easement holders, and the Director, acknowledging the modification.
      2. Changes authorized by this section shall not exceed 10 percent of any measurable standard (except to correct an obvious typographical error) or modify the use, character, or density of an approved application.
      3. All plats or maps shall be revised to show the authorized changes, which changes shall become a part of the permanent records of the City.
   3. Limitations. Any correction to a plat or annexation map that is beyond the scope of subsection A.1., or A.2., above, shall be made in the same manner as the final subdivision plat or annexation map was approved.
2. Other Development Approvals. Development approvals other than final plats may be corrected by the Director or upon application to the Director as follows:
   1. The Director may approve an application to reform a clerical or scrivener’s error in a prior development approval, including an error in an application or notice, which error causes the approval to inaccurately reflect the decision-maker’s intent, and where it is demonstrated that:
      1. The correction does not include a change of judgment, policy, or prior intent of the decision-maker;
      2. The reformation of the development approval is essential to ensure that the documentation reflects the intent and decision of the decision-maker;
      3. The record, including, but not limited to, the Staff recommendation, minutes, and motion, evidences the clear intent of the decision-maker;
      4. The substance of the decision was clearly evident at the time of the decision, and there was no intent to deceive the public or the decision-maker on the part of the current Applicant at any time;
      5. Failure to approve the reformation would lead to an unjust result;
      6. The error in the development approval did not mislead anyone in a way that would cause them to be prejudiced by the reformation; and
      7. Any errors related to public notice did not affect the legal sufficiency of the required notice.
   2. In the alternative, the Director, within 30 days of the decision on an application for development approval, may correct a clerical or scrivener’s error in the development approval if:
      1. The error is not related to public notice;
      2. The error causes the approval, as written, to inaccurately reflect the clear decision of the decision-maker; and
      3. The Director promptly notifies the applicant and the decision-maker regarding the corrections.
3. Effect on Approval. A correction to a development approval pursuant to this Section shall relate back to the date of the original approval.
4. Notice to Planning Commission. The Planning Commission shall be notified in writing of all decisions of the Director with respect to corrections issued under this Section.

Effective on: 11/20/2018

Any change to a development approval that does not qualify for a minor variation pursuant to Section 18.17.15.01, Administrative Variations, or Section 18.17.15.02, Minor Technical Errors, is a major amendment. A major amendment requires the approval of the decision-maker that approved the original application, and is processed in the same manner as the original application.

Effective on: 11/20/2018

1. A.
   Generally. In order to encourage the inclusion of affordable housing units, the Director may approve design flexibility and incentives for designated affordable housing developments.
2. B.
   Expedited Development Review. The City shall process all applications for affordable housing developments on an expedited basis. Complete applications for affordable housing developments shall be placed ahead of all other complete applications in the review process. All required reviews of applications for affordable housing developments by City staff members and City boards and commissions shall be accomplished in as expeditious a manner as possible consistent with good planning principles.
3. C.
   Increased Units. Developments that incorporate at least 20-percent of the total number of residential units as qualified affordable are eligible for a maximum 30-percent increase in the total number of units permitted. Increases in the number of units provided for in this provision must comply with applicable City standards not modified in this section.
4. D.
   Building Adjustments. Adjustments to the building standards including setbacks, lot width, lot area and building coverage may be approved to accommodate the increased units provided for in this section.
5. E.
   Dispersion of Affordable Housing Units. Where affordable housing units are part of a residential development also containing market-rate housing units, the affordable housing units shall be mixed with market-rate housing units to the extent possible without creating practical difficulties. The intent of this provision is to ensure that the affordable housing units are not clustered together or segregated from the market-rate housing units.
6. F.
   Landscaping.

   1. 1.
      If the City receives a written guarantee for all such plants for a period of not less than four years:

      1. a.
         The minimum caliper of trees, as set forth in Section 18.08.02.05, Size and Quality of Landscape Plants, may be reduced to:

         1. 1.
            1.5 inches for large trees within bufferyards and 1.0 inches for large trees in other locations;
         2. 2.
            1.0 inches for small trees in all locations; and
         3. 3.
            4 feet in height for evergreens; and
      2. b.
         The minimum container size for shrubs may be reduced to one gallon.
   2. 2.
      Plant densities, as set forth in Section 18.08.03.02, Bufferyard Specifications, may be reduced by an amount not to exceed 20 percent for each plant type.
   3. 3.
      The percentage of landscaped areas that must be covered with living ground cover, as set forth in Section 18.08.06.01, Trees, Ground Covers, and Mulch, may be reduced to 60 percent.
   4. 4.
      Permanent irrigation may not be required within corridor bufferyards, provided that the grasses and groundcovers that are planted in this area that are perennial and drought-tolerant. A security shall be posted with the City for a period the City determines necessary to ensure that the grasses and groundcovers in the corridor bufferyard are established and the area is free of weeds. The security shall not be released until the City determines that the grasses and groundcovers in the curbside bufferyard are established and the area is free of weeds.
   5. 5.
      Maintenance of the corridor bufferyard, including regular mowing and weed control, shall be the responsibility of the developer or a property owners’ association. If the bufferyard is to be maintained by a property owners’ association, then provisions for maintenance of the corridor bufferyard yard shall be included in the covenants and restrictions for the property owners’ association.
7. G.
   Front Setbacks. Adjacent to areas that are developed with residential land uses, sidewalks may encroach into the front yard in accordance with the following standards:

   1. 1.
      Any overhead garage door facing the street shall be set back at least 20 feet from the closest edge of the sidewalk; and
   2. 2.
      The wall of the residential building that is closest to the street shall be set back at least 15 feet from the closest edge of the sidewalk or as provided in Division 18.04.02, Housing Palette (with the setback being measured to the closest edge of the sidewalk instead of to the property line), whichever is less.
8. H.
   Outdoor Play Areas.

   1. 1.
      The provisions concerning outdoor recreation areas (see Section 18.06.03.01, Outdoor Recreation Areas), are reduced to 0.8 acres of outdoor recreation areas per 100 dwelling units. All other provision for outdoor recreation areas shall apply.
   2. 2.
      The Director may approve a further reduction in the outdoor recreation requirements based on the applicant demonstrating that adequate areas for outdoor recreation activities would be available and easily accessible to the residents of the proposed development.
9. I.
   Streets.

   1. 1.
      Local streets serving up to 100 dwelling units may use the lane street cross section set forth in the City of Loveland Street Standards.
   2. 2.
      Modifications to the street cross section may be granted administratively by the City Engineer, in consultation with the Director. Modifications may include but are not limited to alternative sidewalk locations, sidewalk widths, and the provision for sidewalks on only one side of the street. In order for the modification to be granted, the applicant must demonstrate the following: 

      1. a.
         Either:

         1. 1.
            There is a physical or topographical conditions applicable to the property involved, which creates an undue hardship; or
         2. 2.
            There are unusual and exceptional circumstances related to the affordability of the project that necessitates the modification; and
      2. b.
         Granting the modification will not produce a deficiency in pedestrian or vehicular circulation within the property or general area;
      3. c.
         Alternative mobility options, equal to or better than those set forth in the applicable street cross-section, are incorporated into the overall layout of the development;
      4. d.
         Granting the modification will not generally set a precedent for other applications; and
      5. e.
         The modification will not be detrimental to public health, safety or welfare.
   3. 3.
      Appeal of an administrative decision to this Subsection E shall be processed in accordance with Section 1.9.4. of the City of Loveland Street Standards.
10. J.
    Stormwater Facilities. The City has adopted the Master Drainage Plan, which identifies several major capital projects. If a qualified affordable housing project requires one of these master planned projects or other City approved regional storm water improvement, then the City will consider participating with the developer through an appropriate agreement in the funding or construction of the needed storm water improvements. For these oversized storm water projects, the City will attempt to match the affordable housing cash flow requirements to the available budgeted storm water funds.

Ord. 6471 §1, 06/15/2021; Ord. 6636 §57, 09/05/2023

Effective on: 9/19/2023

1. Generally. The Federal Fair Housing Act, 42 U.S.C. §3601, et seq., requires that local governments be prepared to make “reasonable accommodations” in order to permit housing for certain protected individuals to be located in residential areas. This section sets out the process for approval of a “reasonable accommodation.”
2. Authorization. In order to provide reasonable accommodations without the need for an additional approval process, the Director is authorized to approve modifications of:
   1. Building setbacks;
   2. Building height;
   3. Spacing of group homes;
   4. Building coverage; or
   5. Occupancy limits.
3. Resolution of Accommodation. The Director may approve a type of or degree of reasonable accommodation that is different from that requested by the applicant if the Director finds that a different form or degree of accommodation would satisfy the requirements of the Federal Fair Housing Act with fewer impacts on the area in which the parcel proposed for development is located.
4. Decision. The Director shall provide a written decision on an application for reasonable accommodations. The decision shall be accompanied by written findings of fact as to the applicability of the Fair Housing Act, the need for reasonable accommodations, and the authority for any reasonable accommodations approved.

Effective on: 11/20/2018

1. A.
   Generally. Height exceptions are authorizations to exceed the building or structure height standards of this UDC that are not otherwise allowed pursuant to Section 18.17.15.01, Administrative Variations. The Planning Commission may grant a height exception pursuant to the standards of this Section.
2. B.
   Standards. The Planning Commission may grant a height exception only if it is demonstrated that:

   1. 1.
      The requested exception allows adequate light and air to the notice area;
   2. 2.
      The requested exception is not an obvious disruption to the established pattern of mass and scale in the notice area;
   3. 3.
      The requested exception will not be injurious to other property owners within the notice area, or otherwise detrimental to the public health, safety and welfare; and
   4. 4.
      The requested exception is consistent with the intent of the zone in which the subject property is located.
3. C.
   Fences and Freestanding Signs. Requested exceptions to the height of a fence, wall, or freestanding sign shall be processed in accordance with Section 18.17.15.07 Variances.

Ord. 6636 §58, 09/05/2023

Effective on: 9/19/2023

1. A.
   Generally. Variances are authorizations to depart from the strict application of the standards of this UDC. The Zoning Board of Adjustment may grant a variance pursuant to the standards of this Section.
2. B.
   Standards.

   1. 1.
      The Zoning Board of Adjustment may grant a variance only when the applicant demonstrates that there are unusual and exceptional circumstances creating an undue hardship, applicable only to the property involved, which do not generally apply to the other land areas within the same zone. 
   2. 2.
      In addition to Section B.1 above, the Zoning Board of Adjustment shall consider the following factors in determining whether to grant a variance:

      1. a.
         Granting the variance will not substantially conflict with any adopted plans or policies of the City, or the purposes or intent of this Code;
      2. b.
         Granting the variance will not generally set a precedent for other applications (which would indicate that a text amendment to this UDC should be proposed and considered instead);
      3. c.
         Granting the variance will not be detrimental to any adjacent properties or the area;
      4. d.
         Granting the variance will not be detrimental to public health, safety, or welfare; and
      5. e.
         Adequate relief cannot be reasonably obtained through a different procedure, such as the application of alternative compliance standards, if applicable.
   3. 3.
      In addition to the provisions in B.1 and B.2, above, for a variance to Section 18.04.08.08.C Electronic Message Center ("EMC") Displays, the Zoning Board of Adjustment shall consider and make findings regarding the following factors in determining whether to grant a variance:

      1. a.
         The proposed area, setback and/or height of the electronic message sign module is the minimum required to be fully visible from the adjacent arterial or interstate roadway right-of-way;
      2. b.
         Traffic safety conditions will not be diminished by the increased sign face area, increased height, or decreased setback of the electronic message sign module; and
      3. c.
         There are no reasonable alternatives to the increased sign face area, increased height, decreased setback, and/or design of the electronic message sign.
   4. 4.
      The Zoning Board of Adjustment shall have broad discretion in determining the weight given to each of the factors in Section B.2, above.
   5. 5.
      The Applicant requesting the variance shall have the burden of proof in establishing by a preponderance of the evidence that a variance should be granted.
3. C.
   Alternative Standards for Existing Legal Nonconformities. In the event the basis or reason for the variance is used to remedy an existing legal nonconformity (e.g., an undersized parcel was created, or a structure whose deficient setbacks were established, or a structure had setbacks which were conforming to requirements prior to the adoption of the current Code requirements), the Zoning Board of Adjustment may approve a variance based on the following standards, but only if such relief is still reasonably necessary after the application of Chapter 18.11 Nonconformities:

   1. 1.
      The variance is necessary to preserve an historic building; or
   2. 2.
      The variance will not impose unfair burdens on adjacent property with respect to building or fire code compliance, will promote reinvestment in the existing building, and will not frustrate the implementation of the Comprehensive Plan or any adopted special area or corridor plan.

(Ord. 6445 §8, 12/15/2020)

Effective on: 12/29/2020

1. Generally. An applicant for an oil and gas permit may request a variance from any provision of Chapter 18.10, Oil, Gas, and Mineral Development. A request for a variance may be included in the applicant’s oil and gas permit application and shall be processed, reviewed and granted, granted with conditions or denied in accordance with and as part of the permit review process. The variance provisions of Section 18.17.15.07, Variances, shall not be applicable to oil and gas permits.
2. Standards for Oil and Gas Variances. A variance from the application of any provision in Chapter 18.10, Oil, Gas, and Mineral Development, to an oil and gas permit shall be granted on the basis of one or more of the following grounds:
   1. The provision is in operational conflict with the OGC Act or the COGCC Regulations, meaning the application of the provision would have the effect of materially impeding or destroying a state interest as expressed in the OGC Act or the COGCC regulations.
   2. There is no technology commercially available at a reasonable cost to conduct the proposed oil and gas operations in compliance with the provision, and granting a variance from the operation of the provision will not have an adverse effect on the public health, safety or welfare or on the environment.
   3. Protection of the public health, safety, and welfare, and of the environment, would be enhanced by an alternative approach not contemplated by the provision.
   4. The City finds that application of the provision would likely constitute a regulatory taking of property without just compensation by the City under Article II, Section 3 of the Colorado Constitution.
   5. Application of the provision is impractical or would create an undue or unnecessary hardship because of unique physical circumstances or conditions existing on or near the site of the oil and gas operations, which may include, without limitation, topographical conditions, shape or dimension of the operation site, inadequate public infrastructure to the site, or the proximity of occupied buildings.

Effective on: 11/20/2018

1. Generally. An owner of any real property subject to the requirements and limitations of Division 18.10.04, Oil and Gas Overlay Zone, may request a variance from those requirements and limitations. The grounds for such variance shall be those set out in Section 18.17.15.07, Variances, to the extent applicable. However, any variance to the oil and gas overlay zone standards must be in compliance with the underlying zoning or approved development plan governing the subject property.
2. Alternative Standards for Variance.
   1. In the alternative to a variance under Section 18.17.15.07, Variances, an owner may also request a variance from the City Council as to any of the requirements and limitations of Division 18.10.04, Oil and Gas Overlay Zone, on the basis of:
      1. The existence of a vested right under Section 18.14.03.15, Vested Rights, or Colorado law; or
      2. A finding that application of Division 18.10.04, Oil and Gas Overlay Zone would likely constitute a regulatory taking under Article II, Section 3 of the Colorado Constitution.
   2. A variance request under this subsection B. shall be made to the City Council by filing with the Director a written variance request stating all the facts and law the owner is relying on for the variance.
   3. A quasi-judicial hearing before City Council to consider the variance request shall be scheduled and held not less than 30 days but not more than 60 days after filing of the owner’s written variance request.
   4. Any variance approved under this subsection must be in compliance with the underlying zoning or approved development plan governing the subject property.

Effective on: 11/20/2018

1. Purpose. This Division establishes provisions for the vacation of rights-of-way, easements, and obsolete subdivisions when partial or full elimination of such legal instruments is pursued.
2. Limitations.
   1. Where a vacation is effectuated under this Division, such vacation shall not in any way affect any previously approved annexation involving the same or other lands.

   2. No right-of-way or part thereof shall be vacated if such vacation would leave any land adjoining said right-of-way or part thereof without any reasonable means of access to a public street.

Effective on: 11/20/2018

1. A.
   Generally. Except as otherwise provided in Section 18.17.16.03, Vacation of Easements by Director, and Section 18.17.16.04, Termination of Temporary Easements, all right, title or interest of the City, in and to any right-of-way or established access easement in use by the public shall be divested only upon adoption by the City Council of an ordinance vacating such right-of-way or easement.
2. B.
   Additional Process for City Boundaries. If a right-of-way crosses a boundary line of the City, it may be vacated only by joint decision of the governing body of the governmental entity that shares the boundary line and the City Council.
3. C.
   Required Findings. Any ordinance effecting a vacation of a right-of-way or easement under this Section shall contain the following findings:

   1. 1.
      That no land adjoining any right-of-way to be vacated is left without an established public or private right-of-way or easement connecting said land with another established public or private right-of-way or easement.
   2. 2.
      That the right-of-way or access easement to be vacated is no longer necessary for the public use and convenience.
4. D.
   Petition Review Process. Before a final decision by City Council may be taken on such ordinance, an application for vacation shall be submitted and processed as follows:

   1. 1.
      Execution of Petition. A petition for vacation of a right-of-way or access easement shall be made by the record owners of more than 50 percent of property abutting the right-of-way or access easement.
   2. 2.
      Referral of Access Easement / Right-of-Way Vacations. Applications for vacation of rights-of-way or access easements that are in use by the public shall be referred to the City Council.
5. E.
   Additional Ordinance Requirements. Any Ordinance effecting a vacation under this Section shall state to whom title to the vacated land or easement rights shall vest upon vacation.
6. F.
   Rezoning of Vacated Parcel. Where a vacated right-of-way parcel is zoned differently than the abutting (receiving) parcel, an application for rezoning shall be processed concurrently with the application for vacation.
7. G.
   Recording Requirements. The documents that effectuate a vacation shall be recorded by the City Clerk in the office of the Larimer County Clerk and Recorder at the applicant’s expense.
8. H.
   Effect. Vacation of rights-of-way or access easements pursuant to this Section shall have the effect of terminating said easements or rights-of-way with respect to the City’s interests in them. Title to the lands included within a right-of-way or so much thereof as may be vacated shall vest in accordance with the provisions of C.R.S. § 43-2-302.

Effective on: 11/20/2018

1. Generally. Emergency access, utility, non-constructed access, and other easements that are assigned or conveyed to the City solely for its use may be vacated by the Director. All right or interest of the City, in and to any easement shall be divested only upon the following:
   1. With respect to City-held easements created by a recorded final plat:
      1. By approving a final plat of the property upon which the easement is located that does not show the easement;
      2. By vacating the final plat that created the easement through the obsolete subdivision process; or
      3. By the Director approving and recording a notice of vacation.
   2. With respect to City-held easements that are created by deed or other comparable recorded document, said easements may be terminated by the Director by approving and recording a notice of vacation.
2. Required Findings.
   1. Emergency access easements may be vacated pursuant to this Section if the Director, after consultation with the affected emergency service providers, determines that the emergency access is no longer needed.
   2. Utility easements may be vacated pursuant to this Section if the Director, after obtaining written consents from the affected utility providers, determines that the utility easement is no longer needed.
   3. Access easements may be vacated pursuant to this Section if the Director makes the following findings:
      1. The access easement to be vacated has not been established and is not in use by the public;
      2. That no land adjoining any access easement to be vacated is left without an established public or private right-of-way or easement connecting said land with another established public or private right-of-way or easement; and
      3. That the easement to be vacated is no longer necessary for the public use and convenience.
   4. All other City-held easements may be vacated pursuant to this Section if the Director determines that the easement to be vacated is no longer needed.
3. Petition Review Process. Unless the vacation of easement is being processed as part of a final plat, a petition for vacation of an easement shall be made by the record owners of more than 50 percent of property that is both:
   1. Served or anticipated to be served by the easement; and
   2. Adjoined or traversed by the easement.
4. Recording Requirements. The documents that effectuate a vacation shall be recorded by the City Clerk in the office of the Larimer County Clerk and Recorder at the applicant’s expense.
5. Effect. Vacation of easements pursuant to this Section shall have the effect of terminating said easements with respect to the City’s interests in them.

Ord. 6446 §2, 12/15/2020; Ord. 6471 §6, 06/15/2021

Effective on: 8/1/2021

1. Generally. Temporary easements that are assigned or conveyed to the City solely for its use may be terminated before the end of their stated term by the Director.
2. Required Findings. Temporary easements may be terminated before the end of their stated term if the Director makes the following findings:
   1. No land adjoining any temporary easement to be vacated is left without an established public or private right-of-way or easement connecting said land with another established public or private right-of-way or easement.
   2. The easement to be terminated is no longer necessary for the City’s use or convenience.
3. Form of Termination. If the Director decides to terminate a temporary easement as provided in this section, the Director is authorized to sign on behalf of the City those documents, the forms of which must first be approved by the City Attorney, as are necessary to terminate the temporary easement.
4. Recordation. If the temporary easement was recorded, the City Clerk shall record the termination documents with the Larimer County Clerk and Recorder at the applicant’s expense.

Effective on: 11/20/2018

1. Generally. Obsolete subdivisions may interfere with the orderly development of land within the City, perpetuate obsolete development standards and guidelines, threaten to impose substantial financial burdens on the City, and may create environmental problems and reduce the quality of life for persons who live in or near the obsolete subdivisions. It is the intent of City Council that the provisions of this Section apply to property that was platted before and after the effective date this UDC.
2. Initiation of Vacation Process. The City Council may initiate the process to vacate all or any portion of a final plat of an obsolete subdivision within the City upon its own initiative, the request of a property owner within the boundaries covered by the final plat, or upon recommendation by the Director.
3. Resolution of Intent.
   1. Prior to initiating an ordinance to vacate all or a part of a final plat of an obsolete subdivision, the City Council shall adopt a resolution of intent to vacate.
      1. The resolution may be adopted by City Council after a public hearing. Notice of the public hearing shall be provided according to Division 18.14.04, Required Notices, as follows:
         1. 90 days’ mailed notice to all record surface owners and lienholders within the boundaries of the final plat that a resolution to vacate all or a part of the final plat is to be considered;
         2. 10 days’ published notice of the full text of the resolution; and
         3. 10 days’ mailed notice to all record surface owners and lienholders within the boundaries of the final plat, providing the full text of the resolution.
      2. The resolution shall set forth the reasons that City Council desires to vacate the final plat, and shall provide the date, time, and place of a public hearing on the proposed vacation.
4. Limitations.
   1. The City Council may vacate only the areas within a final plat that consist of:
      1. Multiple, contiguous lots that are undeveloped and in common ownership;
      2. Undeveloped streets or alleys, or unused City easements that are:
         1. Not necessary to serve lots that are not vacated; or
         2. Not necessary to carry out the City’s transportation or utility plans;
      3. Partially constructed streets, alleys, or other infrastructure, for which construction activities have ceased for more than one year, and for which schedules established by construction permits, development agreements, or improvements agreements (however titled) have lapsed, and which do not provide standard or emergency access to lots that are not vacated; and
      4. Tracts that are no longer necessary as a result of the vacation of other areas within the boundaries of the final plat (e.g., drainage tracts or open spaces that were required to serve vacated lots).
   2. Nothing in this section authorizes the City to interfere with statutory or common law vested rights, except as such authority may be lawfully exercised.
5. Requirements.
   1. At the public hearing on the determination of obsolescence and proposed final plat vacation, the City Council shall receive a report from the Director regarding the proposed vacation, and shall hear from all interested persons.
   2. Council may vacate a final subdivision plat by ordinance, after conducting a public hearing (which may be scheduled for the same meeting as first reading of the ordinance) to consider evidence as to:
      1. Whether the subdivision is an obsolete subdivision; and
      2. Vacation of all or a part of the final plat for the obsolete subdivision will promote the health, safety, and general welfare of the City.
6. Recording Requirements.
   1. If the City Council vacates all or a part of a final plat of an obsolete subdivision, it shall record a copy of the vacation ordinance with the Larimer County Clerk and Recorder.
   2. The ordinance shall describe the areas within the final plat that are subject to vacation by making reference to the subdivision name and the final plat on record with the Larimer County Clerk and Recorder, and if only a portion of the final plat is to be vacated, specifically identifying the portion to be vacated;
   3. After the vacation ordinance, the City shall record a copy of the final plat as it was approved by the City, with a prominent notation on the final plat showing that it was vacated in whole or in part by decision of the City Council, and the date of such decision.
7. Effect of Vacation Ordinance. After all or a part of a final plat for an obsolete subdivision has been vacated pursuant to this Section:
   1. The land within such vacated subdivision, or vacated portion of such subdivision, may not again be subdivided without first complying with then-applicable regulations.
   2. It shall be unlawful to sell the land or any portion thereof with reference to a vacated final plat (or vacated portion of a final plat), or develop any property within the vacated subdivision or vacated portion of such subdivision.
   3. The vacation of all or a part of a final plat for an obsolete subdivision shall have the effect of vacating all public easements and rights-of-way within the vacated final plat (or vacated portion of a final plat), unless the ordinance of vacation specifically identifies public easements or rights-of-way that are not thereby vacated.
   4. Vacation pursuant to this Section shall not have the effect of interfering with any privately held easements (e.g., those dedicated to third-parties for utility, access, or other similar purposes, which are shown on the final plat that was the subject of the vacation), although releases from the holders of privately held easements may be recorded along with the documents identified in subsection F., above.
   5. The title to land subject to City easements or rights-of-way that are vacated pursuant to this Section shall vest as provided in C.R.S. § 43-2-302.

Effective on: 11/20/2018

1. Vacation of Portion of Request. The City may, in its discretion, refuse any vacation request, or vacate only a portion of the total area that is the subject of a request for vacation.
2. Reservation of Rights-of-Way or Easements. In the event of a vacation in accordance with this Division, alternative rights-of-way or easements may be established or reserved for the use of existing or future streets; water, wastewater, gas, or similar pipelines and appurtenances; overland drainage, drainage facilities or canals and appurtenances; electric, cable television, telephone, and similar lines and appurtenances; or any other public purpose.
3. Conditions on Vacation. The City Council (in the ordinance effecting a vacation) may impose, reasonable conditions on a vacation, in order to preserve and promote the public health, safety and welfare of the inhabitants of the City and the public generally. Such reasonable conditions may include, but are not limited to, the payment of money to the City as consideration for a vacation, when the vesting of title upon vacation may confer a benefit upon the new owner of the vacated right-of-way or easement, or where the City has purchased or will purchase a right-of-way or easement to replace the one that is proposed to be vacated.

Effective on: 11/20/2018

1. Generally. The City Council finds that the enforcement of this UDC is an important public service, and that code enforcement is vital to the protection of the public health, safety, and quality of life. The purpose of this Chapter is to encourage prompt compliance with the UDC.
2. Procedures and Remedies are Not Exclusive. Nothing in this Chapter is intended to limit the remedies that are available to the City to prevent, cure, or abate violations of this UDC. This Chapter shall not be construed to prevent the City from using other enforcement procedures as are lawful and appropriate, nor shall it be construed to elect remedies.

Effective on: 11/20/2018

1. Generally. This Chapter provides the general process for enforcing the UDC, and the general remedies that are available to the City. However, as provided in Section 18.18.01.01, Purpose of Chapter, the City may take any lawful action to remedy violations of this UDC, including seeking any remedy or imposing any penalty that is available under this UDC, State law or administrative rules promulgated thereunder, or Federal law.
2. Enforcement of UDC, Generally.
   1. Division 18.18.02, Enforcement Procedures, sets out the procedures for enforcing this UDC. The provisions of this UDC may be enforced by any or all of the following methods:
      1. Requirement of a building permit;
      2. Requirement of a certificate of occupancy;
      3. Inspection and ordering removal of violations;
      4. Proceedings in any court of competent jurisdiction, including municipal court (to the extent of its jurisdiction), which may involve, but are not limited to:
         1. Temporary or permanent injunction (including mandatory injunction);
         2. Abatement;
         3. Declaratory judgment;
         4. Civil or criminal fines; or
         5. Incarceration
   2. In addition to the enforcement provisions of this Chapter, specific conditions of development approval may provide additional or alternative enforcement procedures or remedies.
3. Remedies. Division 18.18.03, Remedies and Penalties, provides a non-exclusive list of defenses and potential consequences of enforcement when a person is found to have violated this UDC.

Effective on: 11/20/2018

1. Generally. A person is guilty of a violation of this UDC in any case where:
   1. A court finds a violation of:
      1. Any of the provisions of this UDC; or
      2. Any agreement or development approval executed or issued under this UDC or under the former Title 18, Zoning, or Title 16, Subdivisions; or
   2. An order to cease, remove, or abate any alleged violation has been served upon the owner, general agent, lessee or tenant of the building, structure, or tract of land (or any part thereof) or upon the architect, builder, contractor or any other person who commits or assists in any alleged violation, and such person fails to comply with such order within the time specified therein. In such case, if the subject of the order neither complies with the order nor appeals the order within the time specified therein, the violation shall be deemed to have commenced on the date of the order.
2. Each Day a Separate Offense. Each day during which the illegal erection, construction, reconstruction, alteration, maintenance, use, or any other violation of this UDC continues is deemed a separate offense.

Effective on: 11/20/2018

A duly appointed peace officer, code enforcement officer, building official, or other authorized representative of the City may enforce the provisions of this UDC by the issuance of orders pursuant to this Chapter, or by a summons and complaint as provided in Rule 204 of the Colorado Municipal Court Rules of Procedure.

Effective on: 11/20/2018

1. Generally. The Code Enforcement Officer or Building Official and their authorized representatives are empowered to cause any building, structure, or tract of land to be inspected and examined in accordance with Chapter 1.08, Loveland Municipal Code, and to order in writing the remedying of any condition found to exist therein or thereat in violation of any provision of this title.
2. Oil and Gas Permits.
   1. Generally. All oil and gas operations and facilities may be inspected by the City’s duly appointed inspectors at reasonable times to determine compliance with the applicable provisions of this UDC and all other applicable provisions of the Loveland Municipal Code. The City’s inspections shall be limited to the inspection of those matters directly enforceable by the City. In the event an inspection is desired by the City relating to a matter not directly enforceable by the City, the City shall contact the Colorado Oil and Gas Conservation Commission to request that it conduct the inspection and take appropriate enforcement action.
   2. Right to Enter. For the purpose of implementing and enforcing this UDC, the City’s inspectors shall have the right to enter upon the private property of a permitted operator after reasonable notification to the operator’s designated agent, in order to provide the operator with the opportunity to be present during such inspection. Such notice shall not be required in the event of an emergency that threatens public health or safety. By accepting an oil and gas permit under this Chapter, the operator grants its consent to this right to enter.
3. Effect of Order.
   1. Generally. After any such order has been served, no work shall proceed on any building, other structure or tract of land covered by such order, except to correct or comply with such violation. A duly appointed peace officer, code enforcement officer, building official, or other authorized representative of the City may issue summonses and complaints into municipal court for any violation of the provisions of this UDC.
   2. Limitations Regarding Oil and Gas Permits. The City’s enforcement of the provisions of this UDC with respect to oil and gas operations, and of the conditions included in permits issued under this UDC with respect to same, shall be limited to those provisions and conditions that are not in operational conflict with state law or COGCC Regulations and that are enforced by the Colorado Oil and Gas Conservation Commission, except when the provision or condition is an enhanced standard imposed and agreed to by the applicant through the administrative review process or agreed to by the applicant in the Planning Commission review process.
4. Limitation of Liability. This UDC shall not be construed to hold the City responsible for any damage to persons or property by reason of the inspection or reinspection authorized herein or failure to inspect or reinspect or by reason of issuing a building permit.

Effective on: 11/20/2018

1. Generally. If at any time the Director has reasonable grounds to believe than an operator is in violation of any enforceable provision of this UDC with respect to oil and gas operations, the Director may suspend the operator’s permit. The Director shall give the operator’s designated agent written notice of the suspension and, upon receiving such notice, the operator shall immediately cease all operations under the permit, except those reasonably required to protect the public’s health and safety.
2. Written Notice of Suspension. The written notice of suspension shall state with specificity the alleged violation(s). The suspension shall continue in effect until the Director determines that the violation(s) has been satisfactorily corrected. At any time during the suspension, the operator may appeal the Director’s action to the City Council by filing with the City Clerk a written notice of appeal stating with specificity the operator’s grounds for appeal.
3. Appeal to City Council.
   1. Within 30 days of the City Clerk’s receipt of that notice, a public hearing shall be held before the City Council. The hearing shall be conducted as a quasi-judicial proceeding with the operator having the burden of proof, and with the Director
   2. After hearing and receiving evidence and testimony from the operator, from the Director, and from other City Staff and consultants, and after receiving public comment, the City Council may revoke the permit, terminate the suspension of the permit, or take such other action as it deems appropriate under the circumstances, taking into consideration and balancing the protection of the public’s health, safety and welfare and the operator’s rights under this UDC, the oil and gas permit, and state law to conduct its oil and gas operations.
   3. Within 25 days after the hearing, the City Council shall adopt its written findings and conclusion supporting its decision. The Council’s written findings and conclusions shall constitute the City Council’s final decision.

Effective on: 11/20/2018

1. Generally. Unauthorized signs on public property may be confiscated by the City and held by the Director at the Loveland Development Center pending notification of the owner by the City (if the identity of the owner is known). The owner may retrieve said signs after they are confiscated upon payment of a confiscation and storage charge in an amount established by City Council by resolution. However, the City is not obligated to hold the signs for a period of more than five days after notice to the owner is issued (and if the owner is not known, within five days of the date of confiscation).
2. Disposal of Signs. If no request is made or payment of the charge has not been made within the five-day period, the City may summarily dispose of the signs.
3. Building Official and Designee Authorized to Enforce. For the purposes of the enforcement of Division 18.04.08, Signs, the Building Official and his or her designee is authorized and duly appointed to issue orders and summonses and complaints for such violations.

Effective on: 11/20/2018

1. Generally. The Code Enforcement Officer may issue an order to abate a nuisance under the UDC. Such order to be served personally or by first class U.S. mail, requiring the abatement of the nuisance within 15 business days of the date of service of the notice, or such longer time period as the Code Enforcement Officer deems appropriate for the abatement of the nuisance.
2. Violation of Order. If the abatement has not occurred within the stated time, then the Code Enforcement Officer may:
   1. If the subject of the Order is a sign, remove the sign (provided that the sign is a portable sign, or a free-standing sign made of paper, balloons, pennants, or banners) and charge the direct cost incurred by the City for removal of the sign, including five percent for inspection and other incidental costs in connection therewith.
   2. If the subject of the Order is not subject to subsection B.1., above, initiate proceedings in an appropriate court to compel abatement of the nuisance.

Effective on: 11/20/2018

1. Generally. The provisions of this UDC may be enforced as provided in Division 18.18.02, Enforcement Procedures, and by proceedings in any court of competent jurisdiction, including municipal court (to the extent of its jurisdiction), which may involve, but are not limited to:
   1. Fines of up to the maximum amount allowed by Colorado law or the Loveland Municipal Code, whichever is less;
   2. Declaratory judgment;
   3. Abatement; or
   4. Temporary or permanent injunction (including mandatory injunction).
2. Preference for Civil Remedies. Except as otherwise provided herein, it is the intent of the City to apply civil remedies described in this Division, however, the City may use criminal enforcement where:
   1. In cases, including, but not limited to, offenses that significantly affect public health or safety, or that materially injure the use of another person’s property;
   2. When there is an intentional violation of the provisions of the UDC, including subdivision requirements of Section 18.17.13.02, Final Plat; or
   3. As provided in Section 18.18.03.04, Special Provisions for Oil and Gas Permits.

Effective on: 11/20/2018

Subject to Section 18.18.03.01, Civil Remedies, any person, firm, or corporation violating any provisions of this UDC, upon conviction thereof, shall be fined not more than the maximum amount allowed by the Loveland Municipal Code, or incarcerated not more than one year, or both.

Effective on: 11/20/2018

Any fee due under this UDC that is not paid when due may be recovered by the City, through liens on property, collections services, or any other means available in law or equity.

Effective on: 11/20/2018

1. Generally. It shall be unlawful and a misdemeanor offense for any person to do any of the following:
   1. Conduct any oil and gas operation within the City without a validly issued oil and gas permit;
   2. Violate any enforceable condition of an approved oil and gas permit; or
   3. Violate any applicable and enforceable provision of this UDC with respect to oil and gas operations.
2. Civil Actions. In addition to any other legal remedies provided under this chapter to enforce this UDC with respect to oil and gas operations, the City may commence a civil action against an operator committing any such violations in any court of competent jurisdiction and request any remedy available under the law or in equity to enforce the provisions of this UDC, to collect any damages suffered by the City as the result of any violation, and to recover any fees, reimbursements, and other charges owed to the City under this chapter or the UDC. If the City prevails in any such civil action, the operator shall be liable to the City for all of the City’s reasonable attorney’s fees, expert witness costs, and all other costs incurred in the enforcement action.
3. Criminal Penalties. A violation of any enforceable provision of this UDC with respect to oil and gas operations shall constitute a misdemeanor offense punishable as provided in Section 1.12.010, Loveland Municipal Code. A person committing such offense shall be guilty of a separate offense for each and every day, or a portion thereof, during which the offense is committed or continued to be permitted by such person, and shall be punished accordingly.

Effective on: 11/20/2018

Every person found guilty of violating any provision of subsection E. of Section 18.04.08.12, Sign Maintenance shall be subject to the penalty provisions provided in Section 1.12.010, Loveland Municipal Code. Notwithstanding the penalty provisions in Chapter 1.12.010 and Section 18.18.03.01, Civil Remedies, above, a violation of any provision of said subsection shall result in the following:

1. The first offense shall result in a written notice and order to the property owner specifying the cause of violation and shall provide a 24 hour period to bring the sign into compliance with the standards of this UDC.
2. A second offense within a one year period shall result in a summons into municipal court. If judgment is entered for a violation of subsection E. of Section 18.04.08.12, Sign Maintenance, a mandatory minimum fine of $500.00 shall be imposed per day of violation.
3. If judgment is entered for any subsequent violations within a one year period, a mandatory minimum fine of $1,000.00 shall be imposed per day of violation.

Effective on: 11/20/2018

Fines and assessments charged under this UDC shall be a perpetual lien upon the land on which violation occurs until the fine or assessment is paid. In addition to any other means provided by law for collection, if any fine or assessment is not paid within 30 days after it is imposed and notice thereof is mailed by first class mail to the last known address of the property owner, the same may be certified by the City Clerk to the County treasurer and then placed upon the tax list for the current year. Thereafter, the fine or assessment shall be collected in the same manner as other taxes are collected, with a 10 percent additional fee thereon assessed and payable to defray the cost of collection.

Effective on: 11/20/2018