(a)

Zoning district boundaries are established as shown on the Official Zoning Map of the Town of Bennett, Colorado (the "Zoning Map"), as amended, which map is hereby made a part of this Chapter by reference.

(b)

It shall be the responsibility of the Zoning Administrator to maintain the Zoning Map, to interpret the map, to make information from the map available to the public and to make timely changes to the map after action by the Board of Trustees.

(c)

The Zoning Map shall, at a minimum, contain the following information:

(1)

Town limits, street rights-of-way, zone district boundary lines, zone district titles and property lines as appropriate to clarify boundaries;

(2)

A table listing the history of all changes to the map from the date of initial adoption, including: annotation of Board of Trustees' action; description of property involved; ordinance or resolution number; date of Board of Trustees' action; County Clerk recording information; and the Zoning Administrator initials on each entry.

(d)

Unless otherwise defined on the Zoning Map, district boundary lines follow:

(1)

Lot lines;

(2)

Centerlines of streets, alleys, railroad rights-of-way or such lines as extended; or

(3)

Town boundary lines.

(Ord. 646-14 §1(Exh. A), 12-9-2014; Ord. 742-22, §17, 6-14-2022)

(a)

In order to carry out the purposes of this Chapter, the Town is hereby divided into the following ten (10) standard zoning districts:

(1)

Agricultural (A) District

(2)

Residential Estate (RE) District

(3)

Low Density Residential (R-1) District

(4)

Mid Density Residential (R-2) District

(5)

High Density Residential (R-3) District

(6)

Mobile Home (MH) District

(7)

General Commercial (C) District

(8)

Employment Center (EC) District

(9)

Industrial (I) District

(10)

Public (P) District

(Ord. 646-14 §1(Exh. A), 12-9-2014; Ord. 742-22, §18, 6-14-2022)

_____

(a)

The A District is intended to provide for the continuation of agricultural activities. The A District is suitable for agricultural purposes due to soil quality, location, present land use and the availability of irrigation water.

(b)

Land uses are permitted as shown in the Land Use Table in Section 16-2-470.

(c)

Lot and building requirements shall be as shown in Table 2-2.

Table 2.2
Agricultural District Standards

(Ord. 646-14 §1(Exh. A), 12-9-2014; Ord. 679-17, §8, 12-12-2017)

(a)

The RE District is intended to provide an opportunity for single-family dwellings on large lots, with the option of a reduced level of public improvements. Subdivisions in the RE District may be served internally with paved, rural streets. Where approved by the Town Engineer and permitted by appropriate regulatory agencies, lots in excess of one (1) acre may be served with individual septic systems in lieu of public sewer.

(b)

Land uses are permitted as shown in the Land Use Table in Section 16-2-470.

(c)

Lot and building requirements for the RE District shall be as shown in Table 2-3.

(d)

The following additional standards are established for residential development in the RE District:

(1)

Only one (1) detached garage is permitted per lot or dwelling unit, and all single-family dwellings shall have at least a two-car garage. The maximum square footage of a detached garage shall be one thousand (1,000) square feet or eighty percent (80%) of the square footage of the building footprint of the principal residential dwelling, whichever is less.

(2)

Accessory structures shall be allowed in accordance with the requirements of Subsection 16-2-465(d) of this Code.

Table 2.3
Residential Estate District Standards

(Ord. 646-14 §1(Exh. A), 12-9-2014; Ord. 679-17, §§ 7, 8, 9, 12-12-2017)

(a)

The R-1 District is intended to provide for the development of low-density single-family residential dwellings.

(b)

Land uses are permitted as shown in the Land Use Table in Section 16-2-470.

(c)

Lot and building requirements for the R-1 District shall be as shown in Table 2-4.

Table 2.4
Low Density Residential District Standards

(Ord. 646-14 §1(Exh. A), 12-9-2014; Ord. 679-17, §§ 8, 9, 12-12-2017)

(a)

The R-1A District is intended to provide for the development of areas containing alternative low density single-family residential dwellings.

(b)

This zone district can be achieved through planning efforts and review of density and/or limitations on the number of units.

(c)

Land uses are permitted as shown in the Land Use Table in Section 16-2-470.

(d)

Lot and building requirements shall be as shown in Table 2.4.1.

Table 2.4.1
Alternate Low Density Residential District Standards

(Ord. 742-22, §19, 6-14-2022)

(a)

The R-2 District is intended to provide for the development of areas containing moderate density single-family and two-family residential dwellings.

(b)

Land uses are permitted as shown in the Land Use Table in Section 16-2-470.

(c)

Lot and building requirements shall be as shown in Table 2-5.

Table 2.5
Mid Density Residential District Standards

(Ord. 646-14 §1(Exh. A), 12-9-2014; Ord. 679-17, §§ 8, 9, 12-12-2017)

(a)

The R-3 District is intended to provide for higher density multi-family residential development.

(b)

Land uses are permitted as shown in the Land Use Table in Section 16-2-470.

(c)

Lot and building requirements shall be as shown in Table 2-6.

Table 2.6
High Density Residential District Standards

(Ord. 646-14 §1(Exh. A), 12-9-2014; Ord. 679-17, §§ 8, 9, 10, 12-12-2017)

(a)

The MH District is intended to provide for the residential use of mobile homes or manufactured homes, whether for lease or ownership on individual lots or in a mobile home park.

(b)

Land uses are permitted as shown in the Land Use Table in Section 16-2-470.

(c)

Lot and building requirements shall be as shown in Table 2-7.

(d)

Additional requirements for mobile home parks are stated in Section 16-2-520.

Table 2.7
Mobile Home District Standards

(Ord. 646-14 §1(Exh. A), 12-9-2014; Ord. 663-16, §4, 6-28-2016; Ord. 679-17, §§ 8, 9, 12-12-2017)

(a)

The C District is intended to provide for commercial and service businesses that serve the residents of the Town and a larger regional market area.

(b)

Land uses are permitted as shown in the Land Use Table in Section 16-2-470.

(c)

Lot and building requirements shall be as shown in Table 2-8.

(d)

For those properties zoned Commercial in that area encompassed within the following: from Kiowa Avenue north to Colfax Avenue and South First Street east to Custer Street; notwithstanding the provisions of Article I, Division 6 of this Chapter, those residential uses existing prior to June 26, 2007, shall be allowed to continue. No increase in the number of residential units per lot or additions to residential units shall be permitted.

(1)

For pre-existing mobile home parks within this area that were not processed pursuant to Article 1, Division 6 of this Chapter, requesting a mobile or manufactured home replacement, the following minimum standards shall apply:

a.

There shall be a minimum ten-foot separation between units;

b.

The unit shall be located a minimum of fifteen (15) feet from the perimeter of the overall property line operated as a mobile home park;

c.

The placement of the unit shall accommodate a minimum of one (1) off-site parking space; and

d.

An overall park plan shall be submitted with the request which shows, at a minimum, the overall mobile home park, including the identification of all spaces, with measurements and a site specific site plan for the space requesting a mobile or manufactured home replacement or any other information the Zoning Administrator determines to be necessary to review the request.

Table 2.8
General Commercial District Standards

(Ord. 646-14 §1(Exh. A), 12-9-2014; Ord. 679-17, §8, 12-12-2017)

(a)

The EC District is intended to provide for a concentration of commercial and industrial land uses near major interchanges along the I-70 highway corridor. Employment centers serve as a location for nonresidential, commercial and industrial land uses, inclusive of large-scale warehousing, manufacturing, outdoor storage, distribution and trans-loading facilities.

(b)

Land uses are permitted as shown in the Land Use Table in Section 16-2-470.

(c)

Lot and building requirements shall be as shown in Table 2-9.

Table 2.9
Employment Center District Standards

(Ord. 646-14 §1(Exh. A), 12-9-2014; Ord. 679-17, §8, 12-12-2017)

(a)

The I District is intended to provide for limited or light industrial businesses which, by their nature, have minimal detrimental effect beyond the zone district in which they are located. Accordingly, industrial and manufacturing operations may locate in an I District as 1) a permitted use when their operations do not constitute a detriment to the public health or welfare by reason of smoke, radiation, noise, dust, odor, gas, glare, vibration, particulate matter or water pollution; or 2) by conditional use permit when the industrial or manufacturing operation is such that by reason of any of the foregoing, it may not be appropriate in the particular location in which it chooses to operate without certain safeguards to be appropriate.

(b)

Land uses are permitted as shown in the Land Use Table in Section 16-2-470.

(c)

Lot and building requirements shall be as shown in Table 2-10.

Table 2.10
Industrial District Standards

(Ord. 646-14 §1(Exh. A), 12-9-2014; Ord. 679-17, §8, 12-12-2017)

(a)

The intent of the District is to provide a zoning classification for property devoted to public, quasi-public and institutional buildings and uses, such that those properties, while unique in many respects, may nevertheless be subject to appropriate land use regulations.

(b)

Land uses are permitted as shown in the Land Use Table in Section 16-2-470.

(c)

Lot and building requirements shall be as shown in Table 2-11.

Table 2.11
Public District Standards

(Ord. 646-14 §1(Exh. A), 12-9-2014; Ord. 663-16, § 5, 6, 6-28-2016; Ord. 679-17, §8, 12-12-2017)

Lot and building requirements for the ten (10) standard zoning districts are subject to the following additional provisions:

(a)

No part of a yard, open space, buffer area, off-street parking area, loading space, lot area or building setback area required by this Chapter shall be used to meet a required standard for any other building, lot or use, unless a specific exception therefor is stated in this Chapter.

(b)

No yard, building setback or lot area existing at the time of the adoption of the ordinance codified herein shall be reduced in dimension or area below the minimum requirements set forth herein.

(c)

The number of principal and accessory structures permitted on any zone lot shall be limited as follows:

(1)

For single-family and two-family residential uses, no more than one (1) principal structure plus permitted accessory structures per lot or tract of land in the A, RE, R-1, R-2, R-3 and MH Zone Districts is permitted. In order to qualify as a single principal structure, all portions of a structure must be structurally linked to each other, and not merely connected through the use of patios, breezeways, arcades or similar devices.

(2)

For multiple-family residential uses in the R-3 Zone District, there is no limit on the number of principal or accessory structures permitted.

(3)

For commercial and industrial uses in the C, EC, and I Zone Districts, there is no limit on the number of principal or accessory structures permitted.

(4)

For any use in the P Zone District, there is no limit on the number of principal or accessory structures permitted.

(5)

For any use in a PD or PD Overlay, refer to the approved ODP or FDP.

(d)

Accessory Structures shall be limited as follows:

(1)

The maximum number of accessory structures is limited to two (2) buildings per residential lot. A detached garage is included in the maximum number, if present.

(2)

No accessory structure shall be located within any platted or recorded easement of the Town or over any utility except as otherwise expressly agreed to in writing by the Town or utility provider, as applicable.

(3)

Accessory buildings are not permitted in front yards. Accessory buildings in residential districts, excluding detached garages, shall not exceed a height of twelve (12) feet and shall not exceed two hundred fifty (250) square feet of floor area. Accessory structures shall meet the minimum setback requirements in Division 4 of this Article 2.

(4)

The maximum cumulative lot coverage of all accessory buildings, including detached garages, shall not exceed the building footprint of the principal building.

(5)

Only one (1) detached garage is permitted per residentially zoned lot or parcel. The maximum square footage shall be one thousand (1,000) square feet or eighty percent (80%) of the square footage of the building footprint of the principal residential dwelling, whichever is less.

(6)

The minimum residential dwelling building footprint and minimum residential floor area square footage required for any residential zoning district shall be exclusive of any garage area.

(7)

Accessory structures shall resemble the principal structure on the lot. Without limiting the generality of the foregoing, such resemblance shall be with respect to roof pitch, roof material, building material siding, and color.

(8)

Truck vans, converted mobile homes, travel trailers, recreational vehicles, bus bodies and similar prefabricated items and structures are not permitted to be used as accessory buildings or structures.

(e)

Penthouse or roof structures for elevators, stairways, tanks, ventilating fans or similar mechanical equipment required to operate and maintain the building, church steeples, flagpoles, chimneys, smokestacks or similar structures may be erected above the height limits herein. Private radio, television and ham radio antennas for personal use as approved by federal regulation may be erected to any height.

(f)

Cornices, eaves or similar architectural features may extend into a required setback not more than two (2) feet.

(g)

Fences and walls shall be subject to the standards contained in Section 16-2-790.

(h)

Signs shall be subject to the standards contained in Article 3.

(i)

Cargo containers.

(1)

Cargo containers are allowed as accessory buildings or structures in the C, EC, P, A and I Zone Districts only, subject to the following conditions:

a.

A diagram depicting the lot layout is required prior to the placement of a cargo container in any of the allowed zone districts.

b.

A building permit is required prior to placement of a cargo container larger than sixteen (16) feet in length, ensuring effective anchoring/foundation. The application shall show the proposed cargo container is accessory to the permitted use of the property and meets the placement criteria for the zone.

c.

No more than two (2) cargo containers are allowed per lot or parcel.

d.

Cargo containers shall meet the setback requirements of the underlying zone district.

e.

Cargo containers shall not be stacked above the height of a single container.

f.

Cargo containers shall be used strictly for the storage of non-hazardous materials and for no other purposes. Materials stored within cargo containers are subject to review and approval by the Fire District.

g.

Cargo containers shall resemble the principal structure on the lot. Without limiting the generality of the foregoing, such resemblance shall be with respect to roof pitch, roof material, building material siding, and color.

h.

Cargo containers shall not be used for any advertising purpose and shall be kept clean of all alpha-numeric signage and writing.

i.

As a condition of placement, cargo containers may be required to be fenced or screened from abutting properties and/or rights of way.

j.

Cargo containers shall be in an approved designated area and on the same property as the principal use and will be included in the calculation of overall lot coverage.

k.

Cargo containers shall not occupy required off-street parking, loading or landscaping areas.

l.

Cargo containers shall comply with the standards set forth in Section 8-5-10(e) for parking on a hardened surface unless otherwise allowed pursuant to a temporary use permit under Section 16-2-340.

(2)

Cargo containers are prohibited in all other zone districts in the Town except as follows:

a.

The temporary placement of moving containers/moving pods on residentially zoned properties, or on properties the primary use of which are residential, for the limited purpose of loading and unloading household contents shall be permitted for a period of time not exceeding thirty (30) days in one (1) calendar year with an approved temporary container permit from the building department. The temporary container permit fee shall be set forth in the Town's adopted fee schedule.

b.

Licensed and bonded contractors may use cargo containers for the temporary location of an office, equipment, and/or materials storage structure during construction which is taking place on the property where the cargo container is located, if the use of the cargo container is authorized pursuant to a temporary use permit.

(Ord. 646-14 §1(Exh. A), 12-9-2014; Ord. 663-16, §8, 6-28-2016; Ord. 679-17, §11, 12-12-2017; Ord. 696-19 §9, 2019; Ord. 742-22, §20, 6-14-2022)

(a)

Land uses permitted within each standard zoning district are designated by symbols in Table 2.12, Land Use Table. The listed symbols are defined as follows:

P = Use permitted by right.

C = Conditional use, permitted pursuant to Section 16-2-330.

(b)

Land uses permitted within a PD District shall be listed on the approved plan.

(c)

Accessory buildings, structures and uses, as defined in Section 16-2-210, are allowed in all zone districts.

(d)

No land, building or structure shall be used for any purpose other than as provided for among the uses listed in the zoning district in which such land, building or structure is located.

(e)

Any use not permitted in a zone either specifically or by interpretation by the Zoning Administrator is hereby specifically prohibited from that zone. Uses that are similar to, but not specifically listed as, a permitted use may be approved by the Zoning Administrator.

(f)

All uses are subject to the performance standards contained in Section 16-5-505 of this Article, any applicable Use Standards provided in Division 5 of this Article; and all applicable special area plans, master plans and design guidelines adopted by the Town.

Table 2.12
Land Use Table

(Ord. 646-14 §1(Exh. A), 12-9-2014; Ord. No. 661-16, §5, 2-23-2016; Ord. 663-16, §9, 6-28-2016; Ord. 679-17, §12, 12-12-2017; Ord. 696-19 §10, 2019; Ord. 742-22, §21, 6-14-2022; Ord. 754-22, §5, 8-9-2022; Ord. 773-23, § 2, 7-25-2023; Ord. No. 780-24, § 1, 4-23-2024)

(a)

Pursuant to the Planned Unit Development Act of 1972, Article 67 of Title 24, C.R.S., the Planned Development (PD) District is created as an alternative to the conventional land use regulations contained within a standard zoning district.

(b)

The PD District is a distinct zoning district that provides a means by which development standards and permitted land uses can be customized for a specific site. The PD District is intended to:

(1)

Provide flexibility in land use regulations by allowing for the creation of standards different from those in this Chapter, while maintaining the intent of this Chapter.

(2)

Permit an applicant to propose a land use plan which can be considered as to its overall merits under a unified procedure;

(3)

Encourage imaginative uses of open space, and special consideration of property with outstanding natural or topographical features;

(4)

Encourage a diversity of housing types while maintaining high quality living environments;

(5)

Provide a mix of retail, office, employment, civic and recreation uses conveniently located to housing;

(6)

Provide for more efficient use of land including the reduction of land area disturbed for utility lines and motor vehicle access;

(7)

Facilitate use of the most appropriate design and construction techniques in the development of land; and

(8)

Advance the guiding principles contained within the Comprehensive Plan.

(c)

Any combination of land uses and lot and building requirements may be approved in a PD District if the Board of Trustees determines that such uses are compatible with one another and with the use of adjoining land.

(d)

There shall be no minimum size for a PD District.

(e)

The maximum permissible density within a PD District shall be determined based upon the land uses proposed for the development and shall be based upon the density standards for similar types of uses as specified in standard zoning districts. However, such density requirements may be altered through the approval process of the planned development if the spirit and intent of the development criteria contained in Section 16-2-350(d) are met and if the Board of Trustees finds that the development plan contains areas allocated for usable open space or common park area in excess of public use dedication requirements, or that the alteration is warranted by the amenities incorporated in the development plan, and the needs of residents for usable and functional open space, parks and buffer areas can be met.

(f)

Procedures for creating a PD District are contained in Section 16-2-350.

(Ord. 646-14 §1(Exh. A), 12-9-2014; Ord. 742-22, §22, 6-14-2022)

(a)

An overlay district is a supplemental district that may be superimposed over any standard zoning district established in Section 16-2-410. The boundaries of each overlay district shall be established by ordinance of the Town Board and shall be shown on the Zoning Map. On and after the date of adoption by the Town Board of such ordinance, all real property within the boundaries of each overlay district shall become subject to the requirements of that overlay district.

(b)

Any use by right or conditional use permitted in an underlying standard zoning district shall also be permitted in an overlay district. Additional uses may also be permitted if the proposed use conforms with the intent of the overlay district.

(c)

Lot and building standards for development within an overlay district shall be established by a site plan submitted in accordance with Section 16-2-310.

(d)

In addition to the standard zoning and PD districts listed above, and in accordance with the Comprehensive Plan, three (3) Overlay Districts are established:

(1)

Old Town Residential Mixed Use (RMU) District.

(2)

Old Town Commercial Mixed Use (CMU) District.

(3)

Main Street - Downtown (MS) District.

(Ord. 646-14 §1(Exh. A), 12-9-2014; Ord. 663-16, §10, 6-28-2016)

(a)

The RMU District is intended to promote reinvestment in, and protect the existing character of, Bennett's original residential neighborhoods. A primary objective of the RMU District is to provide property owners flexibility for building renovation and redevelopment along with opportunity for relief from lot restrictions associated with underlying R-1 zoning.

(b)

In addition to the permitted uses allowed in the underlying R-1 zoning district, the following uses are permitted uses in the RMU Overlay District, subject to administrative review and approval of the Zoning Administrator:

(1)

Individual mobile home on a permanent foundation, subject to Low Density Residential (R-1) District Standards;

(2)

Two-family dwelling, subject to Mid Density Residential (R-2) Standards;

(3)

Fire station, subject to Public District (P) Standards.

(4)

Accessory dwelling units, subject to Section 16-2-560 of the Code.

(c)

In addition to the conditional uses allowed in the underlying R-1 zoning district, the following uses are permitted as conditional uses in the RMU Overlay District, subject to Planning Commission review and Board approval:

(1)

Assisted living facility or nursing home, subject to Mid- (R2) or High Density Residential (R3) District Standards;

(2)

Multi-family dwelling limited to no more than three (3) units (triplex), subject to High Density (R3) Residential District Standards;

(3)

Town home dwelling limited to no more than three (3) units, subject to High Density Residential (R-3) Standards;

(4)

Retail business less than five thousand (5,000) square feet, subject to General Commercial District (C) Standards; and

(5)

Personal Services less than five thousand (5,000) square feet, subject to General Commercial District (C) Standards.

(d)

Upon written request of a property owner, the Zoning Administrator may approve an administrative variance from underlying R-1 zoning district development standards on non-conforming lots in the RMU Overlay District where development, redevelopment or renovation would otherwise not be feasible.

(Ord. 646-14 §1(Exh. A), 12-9-2014; Ord. 663-16, §11, 6-28-2016; Ord. 679-17, §13, 12-12-2017)

(a)

The CMU District is intended to promote safe environments for both the pedestrian and vehicular travel. Unlike the Main Street District, this environment incorporates SH-79 and Colfax Avenue regional travel of large tractor trailers, as well as local residents in and adjacent to the CMU District. The CMU District promotes a pedestrian-active street where buildings are oriented to the street with standards allowing flexibility in building, circulation and parking lot layout.

(b)

All new development in the CMU District shall be subject to the recommendations of the Bennett Design Guidelines for Mixed Use Development.

(c)

Upon written request of a property owner, the Zoning Administrator may approve an administrative variance from setbacks, parking and landscape standards where the application of such parking and/or landscape standards is not consistent with the intent of the Bennett Design Guidelines.

(Ord. 646-14 §1(Exh. A), 12-9-2014; Ord. 663-16, §12, 6-28-2016; Ord. 679-17, §14, 12-12-2017; Ord. 742-22, §23, 6-14-2022)

(a)

The MS District is intended:

(1)

to enhance the convenience, ease and enjoyment of transit, walking, shopping and public gathering along the designated portion of First Street;

(2)

to promote an urban, mixed-use environment with commercial, residential and civic activities; and

(3)

to promote safe, active and pedestrian-scaled commercial streets through the use of storefront-style designs with horizontal and vertical mixed use building forms that clearly define and activate the public street edge.

(b)

All new development in the MS District shall be subject to the recommendations of the Bennett Design Guidelines for Mixed Use Development.

(c)

Upon written request of a property owner, the Zoning Administrator may approve an administrative variance from setbacks, parking and/or landscape standards where the application of such standards is not consistent with the intent of the Bennett Design Guidelines.

(Ord. 646-14 §1(Exh. A), 12-9-2014; Ord. 663-16, §13, 6-28-2016; Ord. 679-17, §15, 12-12-2017; Ord. 742-22, §24, 6-14-2022)