The regulations of this chapter shall apply to all lands located within the corporate limits of the city. All land, buildings, structures or appurtenances thereon located within the city, that are hereafter occupied, used, erected, altered, removed, placed, demolished or converted shall be occupied, used, erected, altered, removed, placed, demolished or converted in conformance with the zoning regulations prescribed for the zoning district in which such land or building is located as provided in this chapter.

In order to implement the comprehensive plan and the other purposes and provisions of this land use code, the city, is divided into eight (8) zoning districts. The regulations as set out herein are uniform throughout each district.

(a)

Purpose for Zone Districts.

(1)

Residential Districts. In order to secure for the persons who reside there a comfortable, healthy, safe, and pleasant environment in which to live, sheltered from incompatible and disruptive activities and to encourage a diversity of housing options, the following residential districts are established:

(2)

Open District. In order to preserve open space areas for active and passive open space and recreational uses, the following open district is established:

(3)

Commercial Districts. In order to accommodate a wide variety of commercial activities, to make the city's core district a more attractive and energetic place to live, work and shop, to separate pedestrian oriented development from automobile dependent activities and to enhance the economic development of the city, the following commercial districts are established.

(4)

Industrial District. In order to encourage a diverse employment base, provide for the production of goods and services and minimize conflict with other land uses, the following industrial district is established.

(Ord. 1024 (part), 2004)

(a)

Map Adoption. The boundaries of the zoning districts set out herein are delineated upon the official zoning map of the city, such map being adopted as a part of this code as fully as if the same were set forth herein in detail.

(b)

Zoning Map Amendment. No changes or amendments to the district boundaries shown on the official zoning map shall be made except in compliance and conformity with all procedures set forth in Section 6.02 of this code, zoning map and land use code amendments. If, in accordance with these procedures, changes or amendments are made to district boundaries, such changes or amendments shall be made promptly after official adoption of the change or amendment as provided for herein. The zoning administrator shall be responsible for the physical updating and amendment of the official zoning map.

(c)

Interpretation of District Boundaries. The district boundary lines shown on the official zoning map are usually along streets, alleys, property lines or extensions thereof. Where uncertainty exists as to the boundaries of districts as shown on the official zoning maps, the following rules shall apply.

(1)

Boundaries indicated, as approximately following streets, highways or alleys shall be construed to follow the centerline of such street, highway or alley.

(2)

Boundaries indicated, as approximately following platted lot lines shall be construed as following such lines.

(3)

Boundaries indicated, as approximately following city limits shall be construed as following city limits.

(4)

Boundaries indicated as approximately following the centerline of irrigation ditches or drainage ways shall be construed to follow such centerline.

(5)

Boundaries indicated as parallel to or extensions of features indicated in this subsection shall be so construed. Distances not specifically indicated on the original zoning map shall be determined from the graphic scale on the map.

(6)

Whenever any street, alley or other public way is vacated by official action of the city council the zoning district line adjoining each side of such street, alley or other public way shall be automatically extended to the centerline of such vacated street, alley or way, and all area so involved shall then and henceforth be subject to all regulations of the extended districts.

(7)

Where physical features of the ground are at variance with information shown on the official zoning map, or when there arises a question as to how or whether a parcel of property is zoned and such question cannot be resolved by the application of subsections 3.03(c)(1) through (7) of this section, the property shall be considered as classified RE, residential estate district, temporarily, and subject to Section 3.04 of this chapter.

(a)

All territory hereafter annexed to the city shall be temporarily classified as RE, residential estate district, until permanent zoning is established by the city council. The procedure for establishing permanent zoning on annexed territory shall conform to the procedure established by this code for zoning amendments.

(b)

In an area temporarily classified as RE, residential estate district, the following regulations shall apply.

(1)

No person shall erect, construct or proceed or continue with the erection or construction of any building or structure or add to any building or structure or cause the same to be done in any newly annexed territory to the city without first applying for and obtaining a zoning development permit and a building permit therefor from the building official or the city council as may be required herein.

(2)

No permit for the construction of a building or use of land shall be issued by the building official other than a permit that will allow the construction of a building permitted in the RE, residential estate district, unless and until such territory has been classified in a zoning district other than the RE, residential estate district, by the city council in the manner provided in Section 6.02 of this code.

(a)

Schedule of Use Regulations. The schedule of use regulations of this section provides a tabular summary of the land use types permitted within each zoning district. The table is intended for reference only and does not necessarily reflect all of the regulations that may apply to particular uses or zoning districts. In the event of conflict between the schedule of use regulations and the text of this code, the text shall control. The schedule of use regulations shall be interpreted as follows:

(1)

Permitted Uses. Uses identified in a particular district column with a "P" shall be permitted in such district, subject to compliance with any applicable conditions and all other provisions of this code.

(2)

Conditional Uses. Uses identified in a particular district column with a "C" shall be permitted in such district only upon approval of a conditional use permit by the city council in accordance with the procedures and standards of Section 6.10 of this code, conditional use permits.

(3)

Temporary Uses. Uses identified in a particular district column with a "T" shall be permitted in such district only upon approval of a temporary use permit in accordance with the procedures and standards of Section 6.20 of this code, temporary use permits.

(4)

Not Permitted. Uses not identified in a particular district column with a "P," "C" or "T" are not allowed in such district unless otherwise expressly permitted in this code.

(5)

Special Use Conditions. Numbers occurring in parenthesis after the names of selected use categories refer to conditions applicable to the use in any zone district and set forth in subsection (b) of this section, special use conditions.

SCHEDULE OF USE REGULATIONS

(b)

Special Use Conditions. In addition to applicable site development standards of Chapter 5 of this code, the following conditions apply to the listed uses when referenced in the use regulations of a particular zoning district: Section 3.07, RE, residential estate district through Section 3.16, PUD, planned unit development district.

(1)

Apartments. Residential uses may comprise up to one-half the floor area of a single story nonresidential building and shall either be owner-occupied or used for long-term rental purposes. Those structures with multiple floors are allowed unlimited use for additional stories above the ground floor.

(2)

Single-family and two-family dwellings. All single-family and two-family dwellings shall be subject to the following requirements:

a.

Minimum wall dimensions of the principal structure, excluding garage, shall be twenty-four (24) feet.

b.

All principal residential structures shall:

1.

Be placed on a slab-on-grade or perimeter foundation approved by the building department;

2.

Have a wood, brick or stucco exterior, or a material that looks similar to wood, brick or stucco;

3.

Have a minimum 4:12 roof pitch and a one (1) foot overhang (structures constructed in the traditional southwest Spanish style are exempt from this requirement), provided, however, that this provision shall not apply to a manufactured home dwelling in the MH, residential manufactured home district.

(3)

Manufactured Home Park. Manufactured home parks shall be subject to the following requirements:

a.

All manufactured homes within approved manufactured home parks shall be placed in accordance with City Ordinance No. 953, Series 2001, and the manufactured housing installations program adopted by the state housing board of the state of Colorado.

b.

Permitting. It shall be the responsibility of the park owner or his/her designee to procure all necessary manufactured home installation permits through the Cortez planning and building department prior to the placing and setting of any manufactured home.

1.

An application fee shall be submitted in accordance with the fee schedule adopted by resolution of the city council.

2.

No manufactured home shall be occupied until approved by the planning and building department.

c.

Park land shall be dedicated in accordance with the provisions of Section 4.05 of this code.

d.

Plan Required. Each manufactured home park shall file with the department of planning and building a plan of the park drawn to scale and demonstrating:

1.

The boundaries of the park, existing public rights-of-way both within and adjacent to the area, and any unusual topographic or geological features;

2.

A drainage plan as described in Section 4.06 of this code, which will permit adequate surface drainage of the area and which fits with plans for drainage of adjacent property and conforms with any city drainage projects or proposals;

3.

A circulation plan showing the location and widths of all streets and roads with exits and entrances to public rights-of-way designated, as well as all pedestrian walkways within the park;

4.

The location, size, and other necessary requirements of all sanitary sewer, fire lines, fire hydrants, and water lines and individual connections;

5.

The arrangement of land uses within the park including, but not limited to, the location of community facility areas, recreation areas, individual manufactured home lots, and recreational vehicle and park trailer lots;

(a)

The number of recreational vehicles and/or park trailers permitted within a manufactured home park shall not exceed ten (10) percent of the total number of lots within the park.

6.

The location of privately owned public utility locations including, but not limited to, natural gas supply systems and electrical installations; and

7.

The name and address of the owner(s), operator(s), as well as the legal description of the area and the present zoning of the property.

e.

Lot Standards.

1.

The planning commission and the city council shall approve the overall density within a manufactured home park but in no event shall it be greater than ten (10) units per gross acre.

2.

All manufactured homes shall be installed utilizing only non-permanent foundation systems as defined by, and complying with, all provisions of city of Cortez Ordinance No. 953, Series 2001, Manufactured Home Installation Procedures.

3.

All recreational vehicles and park trailers shall be set up as required by the manufacturer's specifications or as defined by applicable city ordinances.

4.

A minimum distance of twenty (20) feet shall be maintained between any two (2) manufactured homes or other approved dwelling units in any direction.

f.

Street and Road Standards.

1.

Each manufactured home lot within a manufactured home park shall have direct access to a park street.

2.

Park streets shall be of adequate widths to accommodate contemplated parking and traffic load in accordance with the type of street and such street and parking areas shall be a dust-free surface (asphaltic materials or concrete).

3.

The park street system shall have direct connection to a public right-of-way. Whenever this access meets an existing public street, the access entrance must meet city street design standards for a distance of forty (40) feet from the property line into the development.

4.

Streets and walkways designed for the general use of the manufactured home park residents shall be lighted during the hours of darkness. Such lighting shall not be under the control of the individual manufactured home occupants.

g.

Utility Installations. No dwelling unit may connect to utility services other than the lot with which it has been permitted.

h.

Removal of Manufactured Home, Recreational Vehicle and Park Trailer Wheels. The removal of wheels, axles, and running gear from manufactured homes located in a manufactured home park shall be permitted. Removal of the same shall not be permitted for other approved dwelling units.

i.

Skirting. Each manufactured home placed in a manufactured home park shall be skirted so as to obscure from view the space beneath the floor of the unit and the stand. Skirting for recreational vehicles and park trailers shall be optional.

j.

Permitted Dwelling Units. All units shall meet the requirements of this subsection.

1.

Manufactured home dwelling as defined in Land Use Code Section 2.02.

2.

Recreational vehicle as defined in Land Use Code Section 2.02.

(a)

Units shall be a minimum of twenty (20) feet in length.

3.

Park trailer as defined in Land Use Code Section 2.02.

(4)

Accessory Use or Structure. Accessory uses or structures may be permitted subject to the following conditions:

a.

Such accessory uses shall be limited to those customarily associated with and appropriate, incidental and subordinate to the principal use,

b.

Such accessory uses shall be located on the same lot or tract as the associated principal use.

c.

Such accessory uses, and expressly including detached garages and attached carports located in the front yard setback, shall be controlled in the same manner as the associated principal use, except as otherwise expressly provided in this code. Carports located in the rear one-half of the building lot and all nongarage accessory structures shall be required to have a minimum 2:12 roof pitch.

d.

In no event shall an accessory use be construed to authorize a use not otherwise permitted in the zone district in which the principal use is located, and in no event shall an accessory use or structure be established prior to the principal use or structure to which it is accessory.

e.

Dimensional requirements in the O, RE, R-1, R-2, MH, and NB zone districts:

1.

Each accessory structure shall have a total square footage not to exceed eight hundred (800) square feet; or, thirty-three (33) percent of the total square footage of the principal structure.

2.

The maximum height of accessory structures shall not exceed twenty (20) feet or the height of the principal structure, whichever is less; provided, however, that the height of carports may not exceed sixteen (16) feet or be equal in height of a single-story principal structure if located in the front yard and attached.

f.

Accessory structures exceeding the dimensional requirements listed in subsection (b)(4)(e) of this section may be approved through the conditional use process.

g.

An accessory carport, whether detached from, or attached to the principal structure, may be allowed to extend into the front yard setback if all of the following standards can be met:

1.

The carport roof must be constructed in such a manner to appear as a part of the original construction of the principal structure.

2.

The materials used in construction of the accessory use are compatible with the materials used in the principal use.

3.

The carport meets side yard setback standards.

4.

The carport does not extend into or over any easement or any city right-of-way.

5.

The carport roof slope shall comply with the requirements of garages in Section 3.05(b)(4)(c) of this section and have no less than a 4:12 pitch or match the roof pitch of the existing principal structure. A carport in conjunction with a Southwestern style house shall have no less than a 2:12 roof pitch.

6.

Staff is authorized to review the proposal for compliance with the above standards and approve the building materials for the project.

7.

All attached carports shall meet the requirements for separation of uses as contained in the adopted building codes of the city.

8.

Accessory carport structures that are proposed to be placed closer than ten (10) feet to the front property line must go through the conditional use process in accordance with Section 6.10 of this code.

(5)

Asphalt or Concrete Batching Plant, Temporary. A temporary asphalt or concrete batching plant permit may be approved by the zoning administrator for producing asphalt or concrete products used in construction activities on the same or nearby sites subject to the following conditions.

a.

The batching plant site shall comply with all applicable provisions of city, state and federal laws.

b.

The batch plant shall not be located within six-hundred (600) feet of a residence.

c.

Hours of operation will be limited to Monday through Friday, 7:00 a.m. to 7:00 p.m.

d.

The batch plant permit will be valid for up to six (6) months.

e.

No portion of the batch plant or its operation shall be located on a public street.

f.

The batch plant shall only furnish concrete, asphalt, or both, to a specific project. The placement of a temporary batching plant for a private project is restricted to the site of the project.

g.

The site must be clear of all equipment, material and debris upon completion.

h.

All public improvements that are damaged during the operation of the temporary batching plant must be repaired or replaced within thirty (30) days of completion of the project.

i.

At termination and/or removal of plant permit, permittee shall have the person responsible walk the site with the building official or his/her designee to verify the site meets city approval.

(6)

Field Office, Temporary. A temporary field office permit may be approved by the zoning administrator for a structure or shelter used in connection with an approved development or building project for housing on the site of temporary administrative and supervisory function for sheltering employees and equipment during the construction phase of a project. Such a structure or shelter shall be promptly removed following the approval of a certificate of occupancy.

(7)

Home Occupation. A home occupation may be allowed as an accessory use to a dwelling unit. Prior to commencing the home occupation the applicant shall request and receive a home occupation permit from the city. The form of the application shall be as required by the city clerk but at a minimum shall contain the following information: name of applicant, address of home occupation, proposed activity, and a statement of assurance that the applicant shall comply with the requirements of this section. The fee for such application shall be established and modified from time to time by resolution of the city council but shall initially be set at ten dollars ($10.00). Each home occupation shall be subject to compliance with the following conditions:

a.

A home occupation shall be permitted only when it is an accessory use to a dwelling unit.

b.

A home occupation shall not involve any structural alteration in the main building or any of its rooms.

c.

A home occupation shall not involve the installation of machinery or additional equipment other than that customary to normal household operations.

d.

A home occupation shall utilize no more than twenty (20) percent of the total floor area of the dwelling unit.

e.

A person who engages in a home occupation shall not use an advertisement, sign, or display on or off the premises; provided, however, that this shall not be construed to regulate signage attached to vehicles.

f.

A home occupation shall not operate during hours other than 6:00 a.m. to 8:00 p.m.

g.

A home occupation shall not generate more traffic than the typical or average dwelling unit and it shall not involve or result in the presence of more than four (4) patrons on the premises at one time.

h.

A home occupation shall not generate loud and raucous noise, or utilize mechanical, electrical or other equipment or items that produce noise, electrical or magnetic interference, vibration, heat, glare, smoke, dust, odor or other nuisance outside the residential building or operate in any way that substantially and unreasonably interferes with the use and enjoyment of adjacent or nearby property or interferes with public peace and comfort.

i.

A home occupation shall not involve the visible storage of equipment or materials, or the presence of highly explosive or combustible equipment or vehicles with more than two (2) axles.

j.

Parking spaces shall be provided in accordance with the specification in Section 5.02(d) of this code.

k.

A home occupation shall not include any of the following: kennel, mortuary, restaurant, dance studio, nursing home, taxi service, health or medical clinic, veterinary clinic or similar activities.

(8)

Sales Trailer, Temporary. A temporary use permit may be issued by the zoning administrator for a manufactured office trailer used while model homes are being constructed, subject to the following conditions:

a.

A temporary permit allowing sales from a manufactured office trailer may be issued for a period not to exceed one hundred twenty (120) days from approval of a zoning development permit, with no extensions, while permanent model homes are being constructed.

b.

The trailer shall not be used for living or sleeping purposes.

c.

Skirting shall be installed around the trailer to conceal the undercarriage.

d.

The trailer shall be located in a platted subdivision on a lot that is owned by the applicant/builder and shall not be located within a required front yard.

e.

A building permit must be issued for the model home at the time of the temporary permit for the trailer.

(9)

Child Care Facility. Child care facilities that desire to operate other than permitted hours shall apply for a conditional use permit.

(10)

Group Home. A group home may provide living arrangements for not more than eight (8) residents per home sixty (60) years of age or older; or for persons in alcohol recovery, halfway house or other similar programs; or for the developmentally disabled, limited to cerebral palsy, multiple sclerosis, mental retardation, autism, and epilepsy; and not more than two (2) supervisory personnel; subject to the following conditions:

a.

Such homes must be state-licensed.

b.

All exterior aspects of a group home, including its scale and off-street parking configuration, shall not disrupt the residential character of the area.

c.

In no case shall the total number of persons residing on premises (including staff) be more than one (1) per four hundred (400) square feet of usable floor area twenty (20) percent more than the single family equivalent).

d.

Such homes shall provide off-street parking pursuant to Section 5.02(d) of this code.

(11)

Mobile vendors shall be allowed as a permitted use on public or private property in the CBD zone at approved temporary, special events such as Third Thursdays and the Farmers Market. Mobile vendors may be allowed in the central business district (CBD) outside of special events only after issuance of a conditional use permit with full consideration for impacts on adjacent businesses. Mobile vendors in the CBD shall only be allowed in approved locations and never in public right of way of state or public roads, unless closed for approved special events. Mobile vendor food courts may be approved with a conditional use permit on private land in an approved location. The conditional use permit shall state the time that the mobile vender may remain on the property, which may exceed the limits in Chapter 15, Mobile vendors shall also be regulated as set forth in the Cortez City Code at Chapter 15, Article IX, Mobile Food Vendors Sections 15-66 thru 15-68.8 and all other applicable Cortez City Code sections, now in effect or as may be amended from time to time with the exception that the conditional use permit shall determine the time frame.

(12)

Parking Lot or Garage. Automotive repair or maintenance services are neither offered nor provided.

(13)

General Retail (Indoors). Most displays of merchandise or inventory shall be displayed indoors. However, external temporary displays of merchandise are permitted as follows:

a.

External temporary displays of merchandise or inventory by the principal business may be displayed on the sidewalk adjoining the front property line, provided the actual sales transaction is conducted from within the building of the principal business. Sales transactions are allowed on the sidewalks only during times when sales events take place which are sponsored by the Chamber of Commerce or other recognized business group. In all such cases, merchandise shall be placed in such a manner as to allow for an uninterrupted walking area on the sidewalk with a minimum width of five (5) feet.

b.

External temporary displays of merchandise may also take place within the confines of the property of the principal business or off-site from the principal business within two hundred (200) feet of the principal building. If such display is off-site, use of the adjoining sidewalks for display purposes is prohibited.

c.

In the case of shopping centers or other instances where the principal structure is more than ten (10) feet away from the front property line, external temporary exhibits of merchandise may be placed within the allowed display area.

1.

Allowed display area is defined as the thirty (30) percent of the distance between the front of the principal structure and the front curb line or parking lot edge which is closest to the principal structure.

d.

In no case shall the external placement of merchandise obstruct fire lanes, reduce the required number of off-street parking places, impede the flow of pedestrian traffic, or in any way cause or create a safety hazard.

(14)

Bed and Breakfast. A bed and breakfast establishment may provide lodging and breakfast for temporary overnight occupants in no more than five (5) separate bedrooms for compensation. In addition to residential off-street parking requirements, a bed and breakfast shall provide one (1) off-street parking space per bedroom offered for use for temporary overnight accommodations.

(15)

Boarding or Rooming House. A boarding or rooming house may provide no more than four (4) separate bedrooms offered for compensation. In addition to residential off-street parking requirements, a boarding or rooming house shall provide one (1) off-street parking space per bedroom offered for guests.

(16)

Craft Shop. At least one-half of the floor area of the principal structure shall be devoted to retail sales.

(17)

Recreational Vehicle Park. Development and operational standards shall include:

a.

Maximum density of the camping area shall not exceed twenty-five (25) units per gross acre;

b.

Minimum lot area per unit shall be no less than one thousand (1000) square feet;

c.

Each lot shall have access to a dust-free, public or private street or road (whenever this access meets an existing public street the access entrance must meet city street design standards for a distance of forty (40) feet from the property line into the development);

d.

Sanitary and shower facilities shall comply with the more restrictive minimum standards of either the city or the state of Colorado;

e.

There shall be a minimum distance of fifteen (15) feet provided between occupancy units;

f.

There shall be one (1) parking space of two hundred (200) square feet provided for each unit no less than fifteen (15) feet distance from the unit;

g.

Land shall be provided for common recreational space in the amount of five (5) percent of the gross acreage of the camping area; and

h.

The Cortez fire protection district shall specify the number and location of fire hydrants.

(18)

Auto Repair Garage or Place. All motor vehicles on the premises must carry a current registration and a work order with a completion date not to exceed 30 days. Motor vehicles without valid registration and or a work order shall be classified as salvage and junk, and may not be kept, stored or worked on in an auto repair shop.

(19)

Nursing Home. A nursing home may provide living arrangements for residents sixty (60) years of age or older or for the developmentally disabled, limited to cerebral palsy, multiple sclerosis, mental retardation, autism, and epilepsy, and for necessary care givers and supervisory personnel; subject to the following conditions:

a.

Such homes must be state-licensed.

b.

All exterior aspects of a nursing home, including its scale and off-street parking configuration, shall not disrupt the character of the area.

c.

In no case shall the total number of persons residing on premises (including staff) be more than one (1) per four hundred (400) square feet of usable floor area.

d.

Such homes shall provide off-street parking pursuant to Section 5.02(d) of this code.

(20)

Commercial Wireless Antennas and Towers. Commercial wireless antennas and towers may be permitted, subject to the following requirements:

a.

Co-Location Requirements. A proposal for a new commercial wireless telecommunication service tower shall not be approved unless the city council finds that the equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within a two (2) mile search radius for towers over 150 feet, one (1) mile search radius for towers over 120 feet, one-half (½) mile search radius for towers under 120 feet in height, and one-quarter (¼) mile radius for towers under 60 feet in height of the proposed tower, due to one or more of the following reasons:

1.

The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified and licensed professional engineer, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost;

2.

Existing or approved towers and buildings within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer;

3.

All proposed commercial wireless telecommunication service tower shall be designed (structurally, electrically, and in all respects) to accommodate both the applicant's antennas and comparable antennas for at least two (2) additional users if the tower is to be over 60 feet in height, or for four (4) additional users if the tower is over 100 feet in height. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights;

4.

Other unforeseen reasons that make it unfeasible to locate the planned telecommunications equipment upon an existing or approved tower or building.

b.

Tower and Antenna Design. Proposed or modified towers and antennas shall meet the following design requirements:

1.

Towers and antennas shall be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities such as the Federal Aviation Administration; and

2.

Commercial wireless telecommunication service towers shall be of monopole design unless the city council determines that an alternative design would better blend in with the surrounding environment.

c.

Tower Siting. Towers shall not be located between a principal structure and a public street, except in the I, industrial zone district where towers may be placed within a side yard abutting an internal industrial street;

d.

Tower Setbacks. All towers shall conform to the minimum setback requirements of the underlying zoning district, subject to the additional requirements and modifications:

1.

The required setback for antenna and tower not rigidly attached to a building shall be equal to the combined height of the antenna and tower. Antennas and towers rigidly attached to a building, whose base is on the ground, may exceed this required setback by the amount equal to the distance from the point of attachment to the ground.

2.

Towers shall be setback from the planned public rights-of-way as shown on the most recently adopted master street plan by a minimum distance equal to one-half of the height of the tower including all antennas and attachments.

3.

Towers in the I, industrial zone district may encroach into the rear setback area, provided that the rear property line abuts another industrially zoned property and the tower does not encroach upon any easements.

4.

Notwithstanding other provisions to the contrary, a tower's setback may be reduced or its location in relation to a public street varied at the sole discretion of the city council, to allow the integration of a tower into an existing or proposed structure such as a church steeple, light standard power line support device or similar structure.

e.

Tower Height. The maximum height of all commercial wireless antennas and supporting towers shall not exceed the minimum that is technically necessary to serve the design purpose; provided, however:

1.

The maximum height of all commercial wireless antennas and supporting towers shall not exceed the length of the shortest setback on the subject parcel or 120 feet, whichever is less; and

2.

No tower that serves more than one (1) dwelling or place of business shall be in excess of a height equal to the distance from the base of the antenna and tower to the nearest overhead electrical power line, less five (5) feet.

3.

Towers in the Industrial (I) Zone shall be allowed to attain a height of one hundred fifty feet (150′) including the antenna.

f.

Lights and Other Attachments.

1.

Towers shall not be artificially illuminated or display strobe lights unless the Federal Aviation Administration or other federal or state authority for a particular tower specifically requires such lighting when incorporated into the approved design of the tower, light fixtures used to illuminate ball fields, parking lots, or similar areas may be attached to the tower; and

2.

No tower shall have constructed on, or attached to, any additional platform, catwalk, crow's nest, or like structure (other than those required by industry standards or federal regulations), except during periods of construction or repair.

g.

Signs and Advertising. The use of any portion of a tower for signs other than warning or equipment information signs is prohibited.

h.

Accessory Utility Buildings. All utility buildings and structures accessory to a tower shall be architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the underlying zoning district. All ground mounted equipment shall be screened from view by suitable vegetation, except where a design of non-vegetative screening better reflects and complements the architectural character of the surrounding neighborhood.

i.

Interference with Public Safety Telecommunications. No telecommunications service shall interfere with public safety telecommunications. All applications for new service shall be accompanied by an intermodulation study, which provides a technical evaluation of existing and proposed transmissions and indicates all potential interference problems. Before the introduction of new service or changes in existing service, telecommunication providers shall notify the city at least 10 calendar days in advance of such changes and allow the city to monitor interference levels during the testing process. At the city council's discretion, such new service or changes may be required to obtain a new conditional use permit.

j.

Performance Standards. All towers must conform to the applicable performance standards in Section 5.07 of this code.

k.

Tower Construction Requirements. All towers erected, constructed or located within the city, and all wiring therefore, shall comply with the requirements of all current construction codes.

l.

Additional Submittal Requirements. In addition to the information required elsewhere in this code, development applications for towers shall include a report from a qualified and licensed professional engineer that:

1.

Describes the tower height and design including a cross section and elevation;

2.

Documents the height above grade for all potential mounting positions for co-located antennas and the minimum separation distances between antennas;

3.

Describes the tower's capacity, including the number and type of antennas that it can accommodate;

4.

Documents what steps the applicant will take to avoid interference with established public safety telecommunication;

5.

Includes an engineer's stamp and registration number; and

6.

Includes other information necessary to evaluate the request;

7.

A letter of intent committing the tower owner and his or her successors to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions of shared use;

8.

Before the issuance of a building permit, the following supplemental information shall be submitted;

9.

Proof that the proposed tower complies with regulations administered by Federal Aviation Administration; and

10.

A report from a qualified and licensed professional engineer, which demonstrates the towers compliance with the aforementioned structural and electrical standard.

(21)

Adult Entertainment Uses and Establishments and Uses. The purpose and intent of this section is to regulate sexually-oriented businesses to promote the health, safety, morals, and general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the city, thereby helping to reduce and eliminate the adverse secondary effects from such sexually oriented businesses. The provisions of this chapter have neither the purpose nor the effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment or the Colorado Constitution, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this section to condone or legitimize the distribution of obscene material.

a.

No adult entertainment establishment shall be located within five hundred (500) feet of the exterior boundary of any residential zone district, church, public or private school, child care center, public community center, park, fairground, recreation center, any alcoholic beverage establishment located in the city at which alcoholic beverages are offered for sale for consumption on the premises, any area designated as an urban renewal project area pursuant to C.R.S. Section 31-25-107. Further, no adult entertainment use shall be located within two hundred (200) feet of any arterial or major collector roadways.

b.

No adult entertainment use shall be located within one thousand (1000) feet of any other adult entertainment use whether such adult entertainment uses are within or without the city.

c.

The method of measurement for the one thousand (1000) foot restriction shall be computed by direct measurement from the exterior boundary of any area identified in this section, or from the nearest property line of the property upon which an adult entertainment business or establishment, or other adult entertainment use is conducted, to the nearest property line of the property where on the building in which an adult entertainment use is to occur.

d.

Any adult entertainment establishment operating at the effective date of this code in violation of any relevant provision of this code or the Cortez City Code shall be deemed a nonconforming use. An adult entertainment establishment that is deemed a nonconforming use shall be permitted to continue operating for an amortization period of six (6) months. Such nonconforming adult entertainment use shall not be increased, enlarged, extended, or altered, except that the use may be changed to a conforming use. Notwithstanding the foregoing, any adult entertainment establishment deemed a nonconforming use shall apply for a license provided for by the Cortez City Code Section 4A-5 et seq. within thirty (30) days of the effective date of this code or be subject to the relevant penalty provisions set forth herein and in Cortez City Code Sections 4A-38 and 4A-40 et seq.

e.

An adult entertainment establishment lawfully operating as a conforming use pursuant to the receipt of zoning approval and obtaining a license is not rendered a nonconforming use by the location, subsequent to the grant or renewal of an adult entertainment establishment license, of any uses identified in Section 4A of the Cortez City Code or subsection 3.05(b)(21)(a—c) of this section, within the specific distancing requirements noted therein.

f.

No licensee, manager, or employee mingling with the patrons of sexually oriented businesses or serving food or drinks shall be nude or in a state of nudity. It is a defense to prosecution for a violation of this section that an employee of a sexually oriented business exposed any specified anatomical area during the employee's bona fide use of a restroom, or during the employee's bona fide use of a dressing room that is accessible only to employees. Further, no licensee or employee shall encourage or knowingly permit any person on the premises to engage in specified sexual activities, which conduct involving specified sexual activities is unlawful and shall be subject to criminal penalties as set forth in Section 1.09 of this code, Enforcement and penalties.

g.

Advertisements, displays, or other promotional material depicting adult entertainment uses shall not be shown or exhibited to be visible to the public from pedestrian sidewalks or walkways, or from other areas public or semi-public.

h.

Only one (1) adult entertainment establishment use shall be permitted per building or, in other words, no building, premises, structure, or other facility that contains any sexually oriented business shall contain any other kind of sexually oriented business therein.

i.

All building openings, entries, and windows shall be located, covered, or screened in such a manner as to prevent a viewing to the interior from any public or semi-public area; for new construction the building shall also be oriented so as to minimize any possibility of viewing the interior from public or semi-public areas.

j.

No one under 21 years of age shall be admitted to any adult entertainment establishment where live nude entertainment and performances are featured, which live nude entertainment is characterized by the exposure of specified anatomical areas. Further, no one under 18 years of age shall be admitted to any adult entertainment establishment of any kind and the foregoing minimum age limitations also apply to any employees, agents, servants, or independent contractors working on the premises during the hours when adult entertainment is being presented.

k.

It is unlawful for an adult entertainment establishment and/or a sexually oriented business to be opened for business or for the licensee or any employee of a licensee to allow patrons upon licensed premises, or to permit any employee to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service or solicit a service between the hours of 9:00 p.m. and 9:00 a.m. of any particular day. Also, such establishments shall not conduct business beginning from 9:00 p.m. on a Saturday to 9:00 a.m. on a following Monday. Further, it is unlawful and a person commits a misdemeanor if, working as an employee of a sexually oriented business, regardless of whether a license has been issued for such business under this code, engages in a performance, solicits a performance, makes a sale, solicits a sale, provides a service, or solicits a service between the hours of 1:00 a.m. and 9:00 a.m. of any particular day.

l.

It is unlawful for an adult entertainment establishment and/or a sexually oriented business or for a licensee or any employee of a licensee thereto, regardless of whether a license has been issued for such business under this code, to knowingly allow any patron upon the premises to engage in a specified sexual activity while on such premises. It is also unlawful for any licensee or employee of an adult entertainment establishment, regardless of whether a license has been issued for such business under this code to engage in a specified sexual activity while on the premises of such adult entertainment establishment. The foregoing conditions contained in this subsection are promulgated pursuant to the terms of the Cortez City Code contained in Chapter 4A, and C.R.S. Sections 18-7-208 and 18-7-301 and this code.

m.

This section shall not apply to those areas of an adult motel that are private rooms.

n.

Any person or entity who operates or causes to be operated an adult entertainment establishment who violates any provisions contained in this section or does not have a valid license is subject to a suit for injunction and is subject to civil and criminal penalties as set forth in Section 1.09 of this code.

o.

Each day of operation in violation of any provision of this code shall constitute a separate offense.

p.

Any adult entertainment establishment that engages in repeated or continuing violations of these regulations shall constitute a public nuisance. For purposes of these regulations, "repeated violations" shall mean three or more violations of any provision set forth herein within one (1) year dating from the time of a new violation, and a "continuing violation" shall mean a violation of any provision set forth herein lasting for three (3) or more consecutive days.

q.

Notwithstanding any other remedies at law or equity, the city attorney may bring an action in the district court of Montezuma County for an injunction against the operation of such establishments in a manner that violates any of the provisions set forth herein.

(22)

Accessory Dwelling Units (ADUs). This type of use is intended to provide a mechanism to help meet the need of affordable housing by allowing accessory residential dwelling units under certain circumstances in areas normally restricted to a single unit, while preserving existing single-family character. All accessory single-family dwelling units shall be subject to the following requirements:

a.

An ADU shall be permitted within the RE and R-1 zones in the city as a conditional use and shall be reviewed by the planning and zoning commission and the city council as per Section 6.10 of this code, conditional use permits.

b.

An ADU shall be permitted within the R-2, MH and NB zones in the city as a permitted use and shall be reviewed by zoning administrator pursuant to these standards.

c.

The parcel must contain an existing or proposed single-family unit. Either the single-family dwelling or the ADU must be occupied by the property owner.

d.

The ADU may be attached or incorporated within the living area of the existing primary dwelling or detached.

e.

The ADU shall not exceed eight hundred fifty (850) gross square feet of living area.

f.

The ADU may be used for long term rental purposes (greater than thirty (30) days) and shall be reserved for occupancy of one family.

g.

The ADU must be provided with one (1) off-street parking space, in addition to the two (2) required for the existing single family residence as per Section 5.01 of this code. Spaces may be contained in a garage or protected by a carport. The spaces provided may be in tandem.

h.

Any new construction associated with the ADU shall comply with all setbacks, lot coverage, height, and design standards contained within the base zone and shall not alter the general appearance of the primary dwelling as a single-family residence.

i.

The ADU shall have adequate sewer and water services and additional tap fees may be required for the dwelling.

j.

The ADU shall not adversely impact traffic flow or parking in the neighborhood.

k.

The lot shall be a legal lot of record.

An ADU that conforms to these requirements shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use consistent with the existing general plan and zoning designation for the lot.

(23A)

Medical Marijuana Dispensaries.

a.

Medical marijuana dispensaries are defined as commercial/retail facilities that grow marijuana for provision to, or provides marijuana to, ill state certified medical marijuana patients. Medical marijuana dispensaries shall only be allowed in the commercial highway (C) and central business district (CBD) zones. Medical marijuana dispensaries shall not be allowed within any residentially zoned areas and shall not be allowed as a home occupation.

b.

Any medical marijuana center located within the city shall meet the distance requirements as set forth in Cortez City Code section 15-312, distance requirements, now in effect or as may be amended from time to time excepting when an operator/owner has a licensed medical marijuana and retail marijuana establishment at the same physical location whether located within or outside the corporate limits of the city. The suitability of a location for the medical marijuana dispensary shall be determined at the time of the issuance of the first license for such dispensary. The fact that changes in the neighborhood that occur after the issuance of the first license might render the site unsuitable for a medical marijuana dispensary under this section shall not be grounds to suspend, revoke, or refuse to renew the license for such dispensary so long as the license for the dispensary remains in effect. Nothing within this section shall preclude the establishment of a public, private, or charter school, licensed day-care facility, licensed pre-school, or dedicated public park within one thousand five hundred (1,500) feet of a preexisting medical marijuana dispensary.

c.

All medical marijuana dispensaries shall be required to obtain a city sales tax license and shall collect and remit all applicable state, county and city sales taxes in a timely manner.

d.

Any medical marijuana dispensary within the city of Cortez shall be required to have a fully operational alarm system including fire alarm that must be properly maintained.

e.

Medical marijuana dispensaries shall apply for a sign permit through the planning and zoning division of the city. All exterior signage associated with a medical marijuana dispensary will meet the standards established in the city of Cortez Land Use Code. In addition, no exterior signage, including window treatments over eight and one-half (8½) inches by eleven (11) inches in size shall use the word "marijuana," "cannabis," or any other word, phrase, or symbol commonly understood to refer to marijuana.

f.

Each medical marijuana dispensary shall be owned and operated according to Colorado State Constitution, Statutes, and Regulations as may be amended from time to time.

(23B)

Retail Marijuana Establishments.

a.

Retail marijuana establishments are defined those establishments licensed by the state of Colorado and approved by the city of Cortez as a retail marijuana store, retail marijuana cultivation facility, retail marijuana products manufacturer or retail marijuana testing facility. Retail marijuana establishments shall only be allowed in the commercial highway (C) and central business district (CBD) zones. Retail marijuana establishments shall not be allowed within any residentially zoned areas and shall not be allowed as a home occupation.

b.

Any retail marijuana establishment located within the city shall follow the distance requirements as set forth in section 15-312, distance requirements, now in effect or as may be amended from time to time, excepting when an operator/owner has a licensed medical marijuana dispensary and retail marijuana establishment at the same physical location whether located within or outside the corporate limits of the city. The suitability of a location for the retail marijuana business shall be determined at the time of the issuance of the first license for such retail marijuana establishment. The fact that changes in the neighborhood that occur after the issuance of the first license might render the site unsuitable for a retail marijuana establishment under this section shall not be grounds to suspend, revoke, or refuse to renew the license for such retail marijuana establishment so long as the license for the retail marijuana establishment remains in effect. Nothing within this section shall preclude the establishment of a public, private, or charter school, licensed day-care facility, licensed pre-school, or dedicated public park within one thousand five hundred (1,500) feet of a preexisting retail marijuana establishment.

c.

All retail marijuana establishments shall be required to obtain a city sales tax license and shall collect and remit all applicable state, county and city sales taxes in a timely manner.

d.

Any retail marijuana establishment within the city of Cortez shall be required to have a fully operational alarm system including fire alarm that must be properly maintained.

e.

Retail marijuana establishments shall apply for a sign permit through the planning and zoning division of the city. All exterior signage associated with a retail marijuana establishment will meet the standards established in the city of Cortez Land Use Code. In addition, no exterior signage, including window treatments over eight and one-half (8½) inches by eleven (11) inches in size shall use the word "marijuana," "cannabis," or any other word, phrase, or symbol commonly understood to refer to marijuana.

f.

Each retail marijuana establishments shall be owned and operated according to Colorado State Constitution, statutes, and regulations as may be amended from time to time.

(24)

The cultivation, production, or possession of marijuana plants for medical use by a patient or primary caregiver as such terms are defined by Article XVIII, Section 14 of the Colorado Constitution, shall be allowed in residential structures subject to the following conditions:

a.

Such cultivation, production, or possession of marijuana plants must be in full compliance with all applicable provisions of Article XVIII, Section 14 of the Colorado Constitution, the Colorado Medical Marijuana Code, C.R.S. §§ 12- 43.3-101 et seq., and the Medical Marijuana Program established by C.R.S § 25-1.5-106.

b.

Such marijuana plants are cultivated, produced, or possessed within a licensed patient's or registered caregiver's primary residence, as defined by paragraph (h) below.

c.

The patient or caregiver must reside in the primary residence where the medical marijuana is grown.

d.

The cultivation, production, or possession of such marijuana plants must not be perceptible from the exterior of the primary residence, including, but not limited to:

1.

Common visual observation, which also prohibits any form of signage;

2.

Unusual odors, smells, fragrances, or other olfactory stimulus;

3.

Light pollution, glare, or brightness that disturbs the repose of another;

4.

Undue vehicular or foot traffic, including excess parking within the residential zone; and

5.

Excess noise from the primary residence, which noise is created as a consequence of growing medical marijuana.

e.

Such marijuana plants shall not be grown or processed in the common areas of a multi-family or attached residential development.

f.

Such marijuana plants are used exclusively by a licensed patient for the patient's personal use and solely to address a debilitating medical condition.

g.

Such cultivation, production, or possession of marijuana plants shall be limited to the following space limitations within a primary residence:

1.

Within a single-family dwelling unit (Group R-3 as defined by the International Building Code, as adopted in Chapter 6, Section 6.1 of the Cortez City Code): a secure, defined, contiguous one hundred fifty (150) square-foot area within the primary residence of the licensed patient or registered caregiver;

2.

Within a multi-family dwelling unit (Group R-2 as defined by the International Building Code, as adopted in Chapter 6, Section 6.1 of the Cortez City Code): a secure, defined, contiguous one hundred (100) square foot area within the primary residence of the patient or registered caregiver.

h.

Such cultivation, production, or possession of marijuana plants shall meet the requirements of all adopted city of Cortez building, life/safety codes, and other applicable state electrical and other codes.

i.

For purposes of this ordinance, "primary residence" means the place that a person, by custom and practice, makes his or her principle domicile and address and to which the person intends to return, following any temporary absence, such as vacation.

Residence is evidenced by actual daily physical presence, use, and occupancy of the primary residence and the use of the residential address for domestic purposes, such as, but not limited to, slumber, preparation of and partaking of meals, regular mail delivery, vehicle and voter registration, or credit, water, and utility billing. A person shall have only one (1) primary residence. A primary residence shall not include accessory buildings.

j.

For purposes of this ordinance, "a secure" area means an area within the primary residence accessible only to the patient or primary caregiver. Secure premises shall be locked or partitioned off to prevent access by children, visitors, casual passersby, vandals, or anyone not licensed and authorized to possess medical marijuana.

k.

If a licensed patient or registered caregiver raises quantities of marijuana requiring more than the square footage limitations of paragraph (g) above, such patient or caregiver must be in full compliance with the Colorado medical marijuana program as provided in C.R.S. § 25-1.5-106(14).

1.

Such patient or caregiver may grow medical marijuana for personal use and solely to address a debilitating medical condition within the central business district (CBD), or commercial highway (C) zoned districts of the city;

2.

Such patient or caregiver must submit plans, obtain a building permit, and pass inspections to ensure that the CBD or C premises are in compliance with the city of Cortez's building code, state electrical code, fire code, and all other relevant life/safety codes in order to obtain a certificate of occupancy from the city of Cortez's building division;

3.

Such patient or caregiver must ensure that the premises are secure, as defined in paragraph (j) above; however, within the commercial and central business district settings so that no children, visitors, passersby, vandals, or anyone else not licensed to possess medical marijuana may access the premises; and

4.

The patient or caregiver must reside on premises in an apartment or living area constructed in compliance with the city of Cortez building code, state electrical code, and all other relevant life/safety codes.

l.

Reserved.

m.

Outdoor cultivation of marijuana, for medical marijuana purposes, for retail marijuana purposes or for personal use by private citizens is prohibited.

(25)

A community garden is a privately or publicly owned parcel of land used for the cultivation of fruits, vegetables, plants, flowers, or herbs by multiple users. Community gardens may be divided into separate plots for cultivation by one (1) or more individuals or may be farmed collectively by members of the group and may include common areas maintained or used by group members.

Community gardens and their users must comply with all federal, state, and local laws and regulations relating to the operation, use, and enjoyment of the garden premises. Site users may not introduce heavy metals or other harmful contaminants to garden or farm sites. Site users may use pesticides only to the extent permitted by law.

Community gardens are permitted in the following zoning districts: Residential estate (RE), residential multi-family (R-2), manufactured housing (MH), open (O), central business district (CBD), commercial highway (C), neighborhood business (NB) and industrial (I) zones. A conditional use permit shall be required to establish a community garden in the residential single-family (R-1) zoning district. All community gardens shall be subject to the following requirements:

a.

Site users must have an established set of operating rules addressing the governance structure of the garden, hours of operation, maintenance, and security requirements.

b.

Site users must have a garden coordinator to perform the coordinating role for the management of the community gardens and to liaise with the city. The name and telephone number of the garden coordinator and a copy of the operating rules shall be kept on file with the city planning and building department.

c.

The land shall be served by a water supply sufficient to support the cultivation practices on site.

d.

The site must be maintained so that water and fertilizer will not drain onto adjacent property.

e.

All seed, fertilizer, and animal feed shall be stored in a sealed, rodent-proof container and housed in an enclosed structure.

f.

Fences are permitted as regulated in the underlying zone district.

g.

To the extent permitted under federal and state law, site users must use sustainable growing practices.

h.

Compost materials from the garden or gardeners shall be stored at least five (5) feet from adjacent property, and in a manner that controls odor, prevents infestation, and minimizes runoff into waterways and onto adjacent properties. If requested by the site users, waste may be collected regularly by the city.

i.

The following accessory uses and structures shall be permitted, subject to the requirements of the currently-adopted land use code and building codes:

1.

Sheds for storage of tools, greenhouses, hoophouses, and cold frames in which plants are cultivated, benches, bike racks, compost or waste bins, picnic tables, children's play area, etc.

j.

Farm stands shall not be permitted on-site, and sale of community garden produce shall not be permitted on-site, without express written authority from city council.

(26)

Flea Markets.

a.

Definition. Flea market(s) in the city of Cortez Land Use Code shall have the same meaning as stated in Chapter 15, Article XIII, Section 15-109, Definitions. Cortez City Code. Now in effect or as may be amended from time to time.

b.

Flea Market Regulations. Flea market owners, operators and participants shall follow the rules and regulations contained in Chapter 15, Article XIII, Flea Markets. Sections 15-109 thru 15-128. Cortez City Code and all other applicable federal, state and local statutes, ordinances, rules and regulations. Now in effect or as may be amended from time to time.

c.

Locations. Flea markets shall be allowed in zones, CBD, C, NB, I.

d.

Penalty. A violation of this ordinance shall be punishable as set forth in Section 17-16A Cortez City Code now in effect or as may be amended from time to time.

(27)

Micro-breweries/micro-wineries/micro-distilleries with on-site consumption shall be subject to the following requirements:

a.

The use will not create offensive odors that are perceptible from other properties.

b.

The use will include on-site consumption as a primary or secondary use, to include a minimum of fifteen percent (15%) of the gross floor area.

c.

The operation may include other uses such as a standard restaurant, bar, or live entertainment as is otherwise permitted in the zoning district.

(Ord. 1051, 2005; Ord. 1050 (part), 2005; Ord. 1043 (part), 2005; Ord. 1024 (part), 2004; Ord. 1016, 2004; Ord. 1015 (part), 2004; Ord. 984 (part), 2003; Ord. 982 (part), 2003; Ord. 973 (part), 2002; Ord. 971 (part), 2002)

(Ord. No. 1130, 9-8-2009; Ord. No. 1135, 1-12-2010; Ord. No. 1141, 4-13-2010; Ord. No. 1155, 2-28-2012; Ord. No. 1166, 5-22-2012; Ord. No. 1167, 9-11-2012; Ord. No. 1191, 9-9-2014 ; Ord. No. 1192, 8-26-2014 ; Ord. No. 1197, 11-24-2014 ; Ord. No. 1201, 8-25-2015 ; Ord. No. 1212 , 8-9-2016; Ord. No. 1220 , 3-28-2017; Ord. No. 1239 , 3-27-2018; Ord. No. 1264 , 2-12-2019; Ord. No. 1310 , 9-27-2022; Ord. No. 1303 , 11-22-2022; Ord. No. 1305 , 1-24-2023)

(a)

Schedule of Residential Area Regulations. The following residential area regulations schedule summarizes the regulations of this code with regard to minimum lot size, minimum yards, maximum lot coverage, minimum floor area per dwelling unit, and maximum building height of residential uses in the various zoning districts. The standards shown in the following schedule may be modified by additional provisions contained in this section or in the individual district regulations. In the event of any conflict between the text of this section and the schedule of residential area regulations, the text shall control.

RESIDENTIAL AREA REGULATIONS

(b)

Schedule of Nonresidential Area Regulations. The following nonresidential area regulations schedule summarizes the regulations of this code with regard to minimum lot area, minimum yards, maximum lot coverage, minimum floor area per nonresidential use, maximum height, and minimum lot width of nonresidential uses in the various zoning districts. The standards shown in the following schedule may be modified by additional provisions contained in this section or in the individual district regulations. In the event of any conflict between the text of this section and the schedule of nonresidential area regulations, the text shall control.

NONRESIDENTIAL AREA REGULATIONS

(c)

Minimum Lot Area. Residential uses shall comply with the minimum lot area per dwelling unit standards and summarized in the residential area regulations schedule, as may be modified by additional provisions in the district regulations, in this subsection or elsewhere in this code. Nonresidential uses shall comply with the minimum lot area standards and summarized in the nonresidential area regulations schedule, as may be modified by additional provisions in the district regulations, in this subsection or elsewhere in this code.

(d)

Minimum Front Yard Setback. The location of buildings shall comply with the minimum front yard setback standards summarized in the residential and nonresidential area regulations schedules, as may be modified by additional provisions in the district regulations, in this subsection or elsewhere in this code.

(1)

Measurement. The front setback for the purpose of these calculations refers to the open space at grade between a structure and the property line of the lot on which the structure is located measured by the horizontal distance between the lot line and the closest projection of the principal or accessory building.

(2)

Setback Averaging. If the existing front setbacks of lots within the same block and zoning district and fronting on the same side of the street are less than the required front setback of the underlying zoning district, applicants shall be allowed to use the "average" front setback on the block. In such cases, the "average setback" shall represent the mean (average) setback of all lots on the same side of the street within the same block, provided that lots that are not developed with the same type of use that is proposed on the subject property shall not be included in the calculation. When one or more of the lots on the block are vacant the normally required setback for the vacant lot shall be used in calculating the average setback. This provision shall not be interpreted as requiring a greater front setback than imposed by the underlying zone district. Responsibility for demonstrating eligibility for an "average setback" pursuant to this subsection shall be the sole responsibility of the applicant.

(3)

Corner Lots. For lots with frontage on two (2) intersecting streets, such a lot shall have the front of the lot determined by the legal street address for the lot. Corner lots shall comply with the front yard setback for the front of the lot and 75% of the front yard setback for the side of the lot facing the other street. The rear yard setback and the side yard setback for the interior side of the lot shall be as required by the area regulations.

(4)

Carports. Carports with three sides open may be constructed in conjunction with an allowed residential structure to within ten (10) feet of the front property line. No carport shall be constructed or encroach over any recorded easement. No portion of the carport overhang shall encroach over any public right-of-way or other private property. If a property owner desires to construct a carport closer than ten feet of the front property line a conditional use permit is required as per Section 6.10 of this code.

(5)

Double Frontage Lots. Where lots have double frontage, running through from one street to another, a required front yard shall be provided on both streets unless a building line for accessory buildings has been established along one frontage on the plat or by resolution, in which event only one (1) required front yard need be observed.

(e)

Minimum Side Yard Setback. The location of buildings shall comply with the minimum side yard setback standards summarized in the residential and nonresidential area regulations schedules, as may be modified by additional provisions in the district regulations, in this subsection or elsewhere in this code.

(1)

Principal Structures. Principal structures shall have a side yard of not less than seven (7) feet measured from any side lot line; provided however, that principal structures shall not be located within fourteen (14) feet of the adjoining property principal structure.

(2)

Accessory Buildings. Detached accessory buildings shall have a side yard of not less than five (5) feet measured from any side lot line, alley right-of-way or easement line (except in the RE, residential estate district); provided, however, that detached accessory buildings shall not be located within feet (10) feet of any other building. No accessory building shall be higher than the principal structure on the lot.

(3)

Carports. Carports with three sides open may be constructed in conjunction with an allowed residential structure provided that all setbacks for the principal structure are met. No carport shall be constructed or encroach over any recorded easement. No portion of the carport overhang shall encroach over any public right-of-way or other private property. No free-standing carport shall be higher than sixteen feet.

(f)

Minimum Rear Yard Setback. The location of buildings shall comply with the minimum rear yard setback standards summarized in the residential and nonresidential area regulations schedules, as may be modified by additional provisions in the district regulations, in this subsection or elsewhere in this code.

(1)

Carports. Carports with three sides open may be constructed in conjunction with an allowed residential structure up to within five feet of the rear property line. No carport shall be constructed or encroach over any recorded easement. No portion of the carport overhang shall encroach over any public right-of-way or other private property. A minimum of ten (10) feet separation is required between the carport and any structure on the adjoining property. No free-standing carport shall be higher than sixteen feet.

(g)

Maximum Lot Coverage. The size of buildings shall comply with the maximum lot coverage standards summarized in the residential and nonresidential area regulations schedules, as may be modified by additional provisions in the district regulations, in this subsection or elsewhere in this code.

(1)

Measurement. Roof eaves extending not more than three (3) feet from the walls of a building shall be excluded from coverage computations.

(h)

Minimum Floor Area. Residential uses shall comply with the minimum floor area per dwelling unit standards summarized in the residential area regulations schedule, as may be modified by additional provisions in the district regulations, in this subsection or elsewhere in this code. Nonresidential uses shall comply with the minimum floor area per principal use standards summarized in the nonresidential area regulations schedule, as may be modified by additional provisions in the district regulations, in this subsection or elsewhere in this code.

(1)

Measurement. The floor area, for the purpose of these minimum floor area requirements, refers to the total of the horizontal area of each floor, measured from the outside face of the building walls and excluding garages, carports, cellars and accessory buildings.

(i)

Maximum Height. The height of buildings and structures shall comply with the maximum height standards summarized in the residential and nonresidential area regulations schedules, as may be modified by additional provisions in the district regulations, in this subsection or elsewhere in this code.

(1)

Measurement.

a.

Buildings and Other Structures. Height refers to the vertical distance between average finished grade along the front of the building and the highest point on the peak of the roof.

b.

Commercial Wireless Antennas and Towers. The height of commercial antennas and towers shall be determined by measuring the vertical distance from the tower's point of contact with the ground or rooftop to the highest point of the tower, including all antennas or other attachments when towers are mounted upon other structures.

(2)

Permitted Exceptions. The following structures and features shall be exempt from the height requirements of this code:

a.

Chimneys, smokestacks or flues;

b.

Cooling towers and ventilators;

c.

Elevator bulkheads and stairway enclosures;

d.

Tanks and water towers;

e.

Utility poles and support structures;

f.

Belfries, spires and church steeples; and

g.

Monuments, flagpoles and ornamental towers.

(j)

Minimum Lot Width. Lots used for residential uses shall comply with the minimum lot width standards contained in the district regulations and summarized in the residential area regulations schedule, as may be modified by additional provisions in the district regulations, in this subsection, or elsewhere in this code.

(1)

Measurement. Lot width shall be the length of the minimum required front yard setback line between the two side lot lines. If the front yard setback line is an arc or a curve, the lot width shall be the length of such arc or curve.

(2)

Cul-de-Sacs. Notwithstanding any other provisions of this code, lots fronting on a cul-de-sac shall have a minimum front street line of forty (40) feet and a minimum lot width of fifty (50) feet, provided that this provision shall not apply in the PUD, planned unit development district.

(Ord. 1043 (part), 2005; Ord. 1024 (part), 2004)

(a)

Purpose. See Section 3.02(a) of this chapter, Purpose for Zone Districts.

(b)

Permitted Uses. Permitted uses in the RE, residential estate district shall be those established for the RE, residential estate district as outlined in Section 3.05 of this chapter, subject to compliance with any applicable conditions and all other provisions of this code.

(c)

Conditional Uses. Conditional uses in the RE, residential estate district shall be those established for the RE, residential estate district as outlined in Section 3.05 of this chapter, subject to approval of a conditional use permit by the city council in accordance with the procedures and standards of Section 6.10 of this code, Conditional use permits.

(d)

Temporary Uses. Temporary uses in the RE, residential estate district shall be those established for the RE, residential estate district as outlined in Section 3.05 of this chapter, subject to the approval of a temporary use permit in accordance with the procedures and standards of Section 6.20 of this code, Temporary use permits.

(e)

District Regulations. All principal structures shall:

(1)

Be placed on a slab-on-grade or a perimeter foundation approved by the building department.

(2)

Have a wood, brick, or stucco exterior, or a material that looks similar to wood, brick, or stucco; and

(3)

Have a minimum 4:12 roof pitch and a one (1) foot eave overhang; provided, however, that structures constructed in the traditional southwest Spanish-style are exempt from this requirement.

(f)

Minimum Lot Area. The minimum lot area per dwelling unit in the RE, residential estate district shall be forty-three thousand five hundred sixty (43,560) square feet, subject to Section 3.06(c) of this chapter.

(g)

Minimum Front Yard. The minimum front yard for all uses in the RE, residential estate district shall be fifty (50) feet, subject to Section 3.06(d) of this chapter.

(h)

Minimum Side Yard. The minimum side yard in the RE, residential estate district shall be fifty (50) feet, subject to Section 3.06(e) of this chapter.

(i)

Minimum Rear Yard. The minimum rear yard in the RE, residential estate district shall be as twenty-five (25) feet, subject to Section 3.06(f) of this chapter.

(j)

Maximum Lot Coverage. The maximum lot coverage in the RE, residential estate district shall be twenty (20) percent, subject to Section 3.06(g) of this chapter.

(k)

Maximum Height. The maximum height of buildings and structures in the RE, residential estate district shall be thirty-five (35) feet, subject to Section 3.06(i) of this chapter.

(l)

Minimum Lot Width. The minimum lot width for all uses in the RE, residential estate district shall be eighty (80) feet, subject to Section 3.06 (j) of this chapter.

(a)

Purpose. See Section 3.02(a), Purpose for Zone Districts.

(b)

Permitted Uses. Permitted uses in the R-1, residential single-family district shall be those established for the R-1, residential single-family district as outlined in Section 3.05 of this chapter, subject to compliance with any applicable conditions and all other provisions of this code.

(c)

Conditional Uses. Conditional uses in the R-1, residential single-family district shall be those established for the R-1, residential single-family district as outlined in Section 3.05 of this chapter, subject to approval of a conditional use permit by the city council in accordance with the procedures and standards of Section 6.10 of this code, conditional use permits.

(d)

Temporary Uses. Temporary uses in the R-1, residential single-family district shall be those established for the R-1, residential single-family district as outlined in Section 3.05 of this chapter, subject to the approval of a temporary use permit in accordance with the procedures and standards of Section 6.20 of this code, Temporary use permits.

(e)

District Regulations. All principal structures shall:

(1)

Be placed on a slab-on-grade or a perimeter foundation approved by the building department.

(2)

Have a wood, brick, or stucco exterior, or a material that looks similar to wood, brick, or stucco; and

(3)

Have a minimum 4:12 roof pitch and a one (1) foot eave overhang; provided, however, that structures constructed in the traditional southwest Spanish style are exempt from this requirement.

(f)

Minimum Lot Area. The minimum lot area per dwelling unit in the R-1, residential single-family district shall be seven thousand (7,000) square feet, subject to Section 3.06(c) of this chapter.

(g)

Minimum Front Yard. The minimum front yard for all uses in the R-1, residential single-family district shall be twenty (20) feet, subject to Section 3.06(d) of this chapter.

(h)

Minimum Side Yard. The minimum side yard in the R-1, residential single-family district shall be seven (7) feet, subject to Section 3.06(e) of this chapter.

(i)

Minimum Rear Yard. The minimum rear yard in the R-1, residential single-family district shall be seven (7) feet, subject to Section 3.06(f) of this chapter.

(j)

Maximum Lot Coverage. The maximum lot coverage in the R-1, residential single-family district shall be forty (40) percent, subject to Section 3.06(g) of this chapter.

(k)

Maximum Height. The maximum height of buildings and structures in the R-1, residential single-family district shall be thirty-five (35) feet, subject to Section 3.06(i) of this chapter.

(l)

Minimum Lot Width. The minimum lot width for all uses in the R-1, residential single-family district shall be fifty (50) feet, subject to Section 3.06 (j) of this chapter.

(a)

Purpose. See Section 3.02(a), Purpose for Zone Districts.

(b)

Permitted Uses. Permitted uses in the R-2, residential multi-family district shall be those established for the R-2, residential multi-family district as outlined in Section 3.05 of this chapter, subject to compliance with any applicable conditions and all other provisions of this code.

(c)

Conditional Uses. Conditional uses in the R-2, residential multi-family district shall be those established for the R-2, residential multi-family district as outlined in Section 3.05 of this chapter, subject to approval of a conditional use permit by the city council in accordance with the procedures and standards of Section 6.10 of this code, conditional use permits.

(d)

Temporary Uses. Temporary uses in the R-2, residential multi-family district shall be those established for the R-2, residential multi-family district as outlined in Section 3.05 of this chapter, subject to the approval of a temporary use permit in accordance with the procedures and standards of Section 6.20 of this code, Temporary use permits.

(e)

District Regulations. All principal structures shall:

(1)

Be placed on a slab-on-grade or a perimeter foundation approved by the building department;

(2)

Have a wood, brick, or stucco exterior, or a material that looks similar to wood, brick, or stucco; and

(3)

Have a minimum 4:12 roof pitch and a one (1) foot eave overhang; provided, however, that structures constructed in the traditional southwest Spanish style are exempt from this requirement.

(f)

Minimum Lot Area. The minimum lot area per dwelling unit in the R-2, residential multi-family district shall be as follows, subject to Section 3.06(c) of this chapter:

(1)

Six thousand (6,000) square feet per single-family dwelling unit;

(2)

Three thousand five hundred (3,500) square feet per duplex unit.

(3)

Three thousand (3,000) square feet per multi-family dwelling unit; and

(4)

Two thousand (2,000) square feet per multi-family dwelling unit for affordable and workforce housing. Where affordable and workforce housing projects are mixed with market rate projects the density will be pro-rated based on the percent of affordable versus market units. For example, a project proposing ten (10) affordable units and ten (10) market rate units would achieve an overall density of two thousand five hundred (2,500) square feet per unit.

(g)

Minimum Front Yard. The minimum front yard for all uses in the R-2, residential multi-family district shall be twenty (20) feet, subject to Section 3.06(d) of this chapter.

(h)

Minimum Side Yard. The minimum side yard for all uses in the R-2, residential multi-family district shall be seven (7) feet, subject to Section 3.06(e) of this chapter.

(i)

Minimum Rear Yard. The minimum rear yard for all uses in the R-2, residential multi-family district shall be seven (7) feet, subject to Section 3.06(f) of this chapter.

(j)

Maximum Lot Coverage. The maximum lot coverage for all uses in the R-2, residential multi-family district shall be fifty (50) percent, subject to Section 3.06(g) of this chapter.

(k)

Minimum Floor Area. The minimum floor area per dwelling unit in the R-2, residential multi-family district shall be as follows, subject to Section 3.06(h) of this chapter:

(1)

Eight hundred (800) square feet per dwelling unit in a duplex dwelling;

(2)

Eight hundred (800) square feet per dwelling unit in a multi-family dwelling with six (6) units or less;

(3)

Four hundred fifty (450) square feet per studio dwelling unit in a multi-family dwelling with seven (7) or more units;

(4)

Five hundred (500) square feet per one-bedroom dwelling unit in a multi-family dwelling with seven (7) or more units;

(5)

Seven hundred (700) square feet per two-bedroom dwelling unit in a multi-family dwelling with seven (7) or more units; and

(6)

Eight hundred (800) square feet per dwelling unit with three or more bedrooms in a multi-family dwelling with seven (7) or more units.

(l)

Maximum Height. The maximum height of all buildings and structures in the R-2, residential multi-family district shall be thirty-five (35) feet, subject to Section 3.06(i) of this chapter.

(m)

Minimum Lot Width. The minimum lot width in the R-2, residential multi-family district shall be as follows, subject to Section 3.06(j) of this chapter.

(1)

Fifty (50) feet for single-family and two-family dwellings, and

(2)

Sixty (60) feet for all other uses.

( Ord. No. 1311 , 10-25-2022)

(a)

Purpose. See Section 3.02(a) of this chapter, Purpose for Zone Districts.

(b)

Permitted Uses. Permitted uses in the MH, residential manufactured home district shall be those established for the MH, residential manufactured home district as outlined in Section 3.05 of this chapter, subject to compliance with any applicable conditions and all other provisions of this code.

(c)

Conditional Uses. Conditional Uses in the MH, residential manufactured home district shall be those established for the MH, residential manufactured home district as outlined in Section 3.05 of this chapter, subject to approval of a conditional use permit by the city council in accordance with the procedures and standards of Section 6.10 of this code, conditional use permits.

(d)

Temporary Uses. Temporary uses in the MH, residential manufactured home district shall be those established for the MH, residential manufactured home district as outlined in Section 3.05 of this chapter, subject to the approval of a temporary use permit in accordance with the procedures and standards of Section 6.20 of this code, Temporary use permits.

(e)

Design Standards.

(1)

Except for manufactured homes, all principal single- and two-family shall be placed on a slab-on-grade or perimeter foundation approved by the building department. All multi-family applications shall have a foundation system approved by the building department.

(2)

All single- and two-family structures shall comply with design standards contained in Section 3.05(b)(2)(b) of this chapter.

(f)

Minimum Lot Area. The minimum lot area per dwelling unit in the MH residential manufactured home district shall be as follows, subject to Section 3.06(c) of this chapter:

(1)

Six thousand (6,000) square feet per single-family and manufactured home dwelling unit;

(2)

Three thousand five hundred (3,500) square feet per duplex unit.

(3)

Three thousand (3,000) square feet per multi-family dwelling unit; and

(4)

Two thousand (2,000) square feet per multi-family dwelling unit for affordable and workforce housing. Where affordable and workforce housing projects are mixed with market rate projects the density will be pro-rated based on the percent of affordable versus market units. For example, a project proposing ten (10) affordable units and ten (10) market rate units would achieve an overall density of two thousand five hundred (2,500) square feet per unit.

(g)

Minimum Front Yard. The minimum front yard for all uses in the MH, residential manufactured home district shall be twenty (20) feet, subject to Section 3.06(d) of this chapter.

(h)

Minimum Side Yard. The minimum side yard in the MH, residential manufactured home district shall be seven (7) feet, subject to Section 3.06(e) of this chapter.

(i)

Minimum Rear Yard. The minimum rear yard in the MH, residential manufactured home district shall be seven (7) feet, subject to Section 3.06(f) of this chapter.

(j)

Maximum Lot Coverage. The maximum lot coverage in the MH, residential manufactured home district shall be fifty (50) percent, subject to Section 3.06(g) of this chapter; provided, however, the maximum lot coverage may be increased to fifty-five (55) percent with planning commission approval if compatible with adjacent uses, given neighborhood context and parcel size.

(k)

Minimum Floor Area. The minimum floor area per dwelling unit in the MH, residential manufactured home district shall be as follows, subject to Section 3.06(h) of this chapter:

(1)

Five hundred (500) square feet per apartment;

(2)

Eight hundred (800) square feet per dwelling unit in a multi-family dwelling with six (6) units or less;

(3)

Four hundred fifty (450) square feet per studio dwelling unit in multi-family dwelling with seven (7) or more units;

(4)

Five hundred (500) square feet per one-bedroom dwelling unit in a multi-family dwelling with seven (7) or more units;

(5)

Seven hundred (700) square feet per two-bedroom dwelling unit in a multi-family dwelling with seven (7) or more units; and

(6)

Eight hundred (800) square feet per dwelling unit with three (3) or more bedrooms in a multi-family dwelling with seven (7) or more units.

(l)

Maximum Height. The maximum height of buildings and structures in the MH, residential manufactured home district shall be thirty-five (35) feet, subject to Section 3.06(i) of this chapter.

(m)

Minimum Lot Width. The minimum lot width in the MH, residential manufactured home district shall be as follows, subject to Section 3.06(j) of this chapter :

(1)

Fifty (50) feet for single-family and two-family dwellings, and manufactured homes; and

(2)

Sixty (60) feet for all other uses.

(Ord. 1024 (part), 2004)

( Ord. No. 1311 , 10-25-2022)

(a)

Purpose. See Section 3.02(a) of this chapter, Purpose for Zone Districts.

(b)

Permitted Uses. Permitted uses in the O, open district shall be those established for the O, open district as outlined in Section 3.05 of this chapter, subject to compliance with any applicable conditions and all other provisions of this code.

(c)

Conditional Uses. Conditional uses in the O, open district shall be those established for the O, open district as outlined in Section 3.05 of this chapter, subject to approval of a conditional use permit by the city council in accordance with the procedures and standards of Section 6.10 of this code, conditional use permits.

(d)

Temporary Uses. Temporary uses in the O, open district shall be those established for the O, open district as outlined in Section 3.05 of this chapter, subject to the approval of a temporary use permit in accordance with the procedures and standards of Section 6.20 of this code, Temporary use permits.

(e)

Design Standard of General Application.

(1)

Open space shall be landscaped in accordance with the provisions of Section 5.05 of this code, Trees, landscaping and screening.

(2)

All permitted or accessory residential uses shall comply with design standards for single-family dwellings contained in Section 3.05(b)(2)(b) of this chapter.

(f)

Minimum Lot Area. There shall be no minimum lot area for uses in the O, open district.

(g)

Minimum Front Yard. The minimum front yard for all uses in the O, open district shall be twenty (20) feet, subject to Section 3.06(d) of this chapter.

(h)

Minimum Side Yard. The minimum side yard in the O, open district shall be twenty (20) feet, subject to Section 3.06(e) of this chapter.

(i)

Minimum Rear Yard. The minimum rear yard in the O, open district shall be twenty (20) feet, subject to Section 3.06(f) of this chapter.

(j)

Maximum Lot Coverage. The maximum lot coverage in the O, open district shall be ten (10) percent, subject to Section 3.06(g) of this chapter.

(k)

Maximum Height. The maximum height of buildings and structures in the O, open district shall be twenty-eight (28) feet, subject to Section 3.06(i) of this chapter.

(l)

Minimum Lot Width. There shall be no minimum lot width in the O, open district, subject to Section 3.06 (j) of this chapter.

(a)

Purpose. See Section 3.02(a), Purpose for Zone Districts.

(b)

Permitted Uses. Permitted uses in the CBD, central business district shall be those established for the CBD, central business district as outlined in Section 3.05 of this chapter, subject to compliance with any applicable conditions and all other provisions of this code.

(c)

Conditional Uses. Conditional Uses in the CBD, central business district shall be those established for the CBD, central business district as outlined in Section 3.05 of this chapter, subject to approval of a conditional use permit by the city council in accordance with the procedures and standards of Section 6.10 of this code, conditional use permits.

(d)

Temporary Uses. Temporary Uses in the CBD, central business district shall be those established for the CBD, central business district as outlined in Section 3.05 of this chapter, subject to the approval of a temporary use permit in accordance with the procedures and standards of Section 6.20 of this code, Temporary use permits.

(e)

Design Standards.

(1)

Open space shall be landscaped in accordance with the provisions of Section 5.05 of this code, Trees, landscaping and screening.

(2)

Retail uses in central business district with less than twenty-five thousand (25,000) square feet with alley access do not have to provide loading berths.

(3)

Retail uses in the central business district with less than ten thousand (10,000) square feet do not have to provide off-street parking.

(f)

Minimum Lot Area. The minimum lot area per nonresidential use in the CBD, central business district shall be twenty-five hundred (2,500) square feet, subject to Section 3.06(c) of this chapter.

(g)

Minimum Front Yard. There shall be no minimum front yard for uses in the CBD, central business district.

(h)

Minimum Side Yard. There shall be no minimum side yard for uses in the CBD, central business district.

(i)

Minimum Rear Yard. The minimum rear yard in the CBD, central business district shall be seven (7) feet, subject to Section 3.06(f) of this chapter.

(j)

Maximum Lot Coverage. There shall be no maximum lot coverage in the CBD, central business district.

(k)

Minimum Floor Area. The minimum floor area per apartment in the CBD, central business district shall be five hundred (500) square feet, subject to Section 3.06(h) of this chapter.

(l)

Maximum Height. The maximum height of buildings and structures in the CBD, central business district shall be fifty (50) feet, subject to Section 3.06(i) of this chapter.

(m)

Minimum Lot Width. There shall be no minimum lot width in the CBD, central business district, subject to Section 3.06 (j) of this chapter.

(a)

Purpose. See Section 3.02(a), Purpose for Zone Districts.

(b)

Permitted Uses. Permitted uses in the C, commercial highway district shall be those established for the C, commercial highway district as outlined in Section 3.05 of this chapter, subject to compliance with any applicable conditions and all other provisions of this code.

(c)

Conditional Uses. Conditional uses in the C, commercial highway district shall be those established for the C, commercial highway district as outlined in Section 3.05 of this chapter, subject to approval of a conditional use permit by the city council in accordance with the procedures and standards of Section 6.10 of this code, Conditional use permits.

(d)

Temporary Uses. Temporary uses in the C, commercial highway district shall be those established for the C, commercial highway district as outlined in Section 3.05 of this chapter, subject to the approval of a temporary use permit in accordance with the procedures and standards of Section 6.20 of this code, Temporary use permits.

(e)

Design Standards.

(1)

Open space shall be landscaped in accordance with the provisions of Section 5.05 of this code, Trees, landscaping and screening.

(2)

All principal structures allowed as a conditional use shall be placed on a slab-on-grade or perimeter foundation approved by the building department. All multi-family and commercial applications shall have a foundation system approved by the building department.

(3)

All single-family structures shall comply with design standards for single-family dwellings contained in Section 3.05(b)(2)(b) of this chapter.

(f)

Minimum Lot Area. The minimum lot area in the C, commercial highway district shall be as follows, subject to Section 3.06(c) of this chapter:

(1)

Six thousand (6,000) square feet for single-family dwelling units; and

(2)

Three thousand (3,000) square feet for all nonresidential uses.

(g)

Minimum Front Yard. The minimum front yard for all uses in the C, commercial highway district shall be 10 feet, subject to Section 3.06(d) of this chapter.

(h)

Minimum Side Yard. The minimum side yard setback in the C, commercial highway district shall be as follows, subject to Section 3.06(e) of this chapter:

(1)

Seven (7) feet for single family dwelling units; and

(2)

None (0) for nonresidential uses; provided, however, that the minimum street side yard shall be ten (10) feet.

(i)

Minimum Rear Yard. The minimum rear yard for all uses in the C, commercial highway district shall be seven (7) feet, subject to Section 3.06(f) of this chapter.

(j)

Maximum Lot Coverage. The maximum lot coverage for all uses in C, commercial highway district shall be fifty (50) percent, subject to Section 3.06(g) of this chapter.

(k)

Minimum Floor Area. The minimum floor area in the C, commercial highway district shall be as follows, subject to Section 3.07(h) of this chapter:

(1)

Five hundred (500) square feet per apartment;

(2)

None (0) for nonresidential uses.

(l)

Maximum Height. The maximum height in the C, commercial highway district shall be as follows, subject to Section 3.06(i) of this chapter:

(1)

Fifty (50) feet for nonresidential uses; and

(2)

Thirty-five (35) feet for single-family dwelling units.

(m)

Minimum Lot Width. There shall be no minimum lot width in the C, commercial highway district, subject to Section 3.06 (j) of this chapter.

(a)

Purpose. See Section 3.02(a) of this chapter, Purpose for Zone Districts.

(b)

Permitted Uses. Permitted uses in the NB, neighborhood business district shall be those established for the NB, neighborhood business district as outlined in Section 3.05 of this chapter, subject to compliance with any applicable conditions and all other provisions of this code.

(1)

Apartments Within Commercial Uses. Residential apartments are permitted in any commercial building provided such use occupies no more than one-third (⅓) of any floor and must be a minimum of five hundred (500) square feet per apartment.

(2)

Limitation on hours of operation. All commercial activities in the NB, neighborhood business district shall operate only between 6:00 a.m. and 11:00 p.m.

(c)

Conditional Uses. Conditional uses in the NB, neighborhood business district shall be those established for the NB, neighborhood business district as outlined in Section 3.05 of this chapter, subject to approval of a conditional use permit by the city council in accordance with the procedures and standards of Section 6.10 of this code, conditional use permits.

(1)

Limitation on Hours of Operation. All commercial activities in the NB, neighborhood business district shall operate only between 6:00 a.m. and 11:00 p.m. Exception: Large home based and commercial childcare facilities shall operate between the hours of 5:00 a.m. to 9:00 p.m. or as allowed by conditional use permit.

(d)

Temporary Uses. Temporary uses in the NB, neighborhood business district shall be those established for the NB, neighborhood business district as outlined in Section 3.05 of this chapter, subject to the approval of a temporary use permit in accordance with the procedures and standards of Section 6.20 of this code, temporary use permits.

(1)

Limitation on Hours of Operation. All commercial activities in the NB, neighborhood business district shall operate only between 6:00 a.m. and 11:00 p.m.

(e)

Design Standards.

(1)

Open space shall be landscaped in accordance with the provisions of Section 5.05 of this code, Trees, landscaping and screening.

(2)

All single- and two-family dwellings shall be placed on a slab-on-grade or perimeter foundation approved by the building department.

(3)

All multi-family and commercial applications shall have a foundation system approved by the building department.

(4)

All single- and two-family dwellings shall comply with design standards contained in Section 3.05(b)(2)(b) of this chapter.

(f)

Minimum Lot Area. The minimum lot area per dwelling unit in the NB neighborhood business district shall be as follows, subject to Section 3.06(c) of this chapter:

(1)

Six thousand (6,000) square feet per single-family and manufactured home dwelling unit;

(2)

Three thousand five hundred (3,500) square feet per duplex unit.

(3)

Three thousand (3,000) square feet per multi-family dwelling unit; and

(4)

Two thousand (2,000) square feet per multi-family dwelling unit for affordable and workforce housing. Where affordable and workforce housing projects are mixed with market rate projects the density will be pro-rated based on the percent of affordable versus market units. For example, a project proposing ten (10) affordable units and ten (10) market rate units would achieve an overall density of two thousand five hundred (2,500) square feet per unit.

(g)

Minimum Front Yard. The minimum front yard for all uses in the NB, neighborhood business district shall be twenty (20) feet, subject to Section 3.06(d) of this chapter.

(h)

Minimum Side Yard. The minimum side yard in the NB, neighborhood business district shall be seven (7) feet, subject to Section 3.06(e).

(i)

Minimum Rear Yard. The minimum rear yard in the NB, neighborhood business district shall be seven (7) feet, subject to Section 3.06(f) of this chapter.

(j)

Maximum Lot Coverage. There shall be a maximum lot coverage of 50 percent for all uses within the NB, neighborhood business district.

(k)

Minimum Floor Area. The minimum floor area in the NB, neighborhood business district shall be as follows, subject to Section 3.06(h) of this chapter:

(1)

Five hundred (500) square feet per apartment;

(2)

Eight hundred (800) square feet per dwelling unit in a multi-family dwelling with six (6) units or less;

(3)

Four hundred fifty (450) square feet per studio dwelling unit in multi-family dwelling with seven (7) or more units;

(4)

Five hundred (500) square feet per one-bedroom dwelling unit in a multi-family dwelling with seven (7) or more units;

(5)

Seven hundred (700) square feet per two-bedroom dwelling unit in a multi-family dwelling with seven (7) or more units;

(6)

Eight hundred (800) square feet per dwelling unit with three or more bedrooms in a multi-family dwelling with seven (7) or more units; and

(7)

Five hundred (500) square feet per nonresidential use, unless otherwise permitted by the planning commission.

(l)

Maximum Height. The maximum height of all buildings and structures in the NB, neighborhood business district shall be thirty-five (35) feet, subject to Section 3.06(i) of this chapter.

(m)

Minimum Lot Width. The minimum lot width in the NB, neighborhood business district shall be as follows, subject to Section 3.06(j) of this chapter:

(1)

Fifty (50) feet for single-family and two-family dwellings; and

(2)

Sixty (60) feet for all other uses, subject to Section 3.06(j) of this chapter.

( Ord. No. 1311 , 10-25-2022)

(a)

Purpose. See Section 3.02(a) of this chapter, Purpose for Zone Districts.

(b)

Permitted Uses. Permitted uses in the I, industrial district shall be those established for the I, industrial district as outlined in Section 3.05 of this chapter, subject to compliance with any applicable conditions and all other provisions of this code.

(c)

Conditional Uses. Conditional uses in the I, industrial district shall be those established for the I, industrial district as outlined in Section 3.05 of this chapter, subject to approval of a conditional use permit by the city council in accordance with the procedures and standards of Section 6.10 of this chapter, conditional use permits.

(d)

Temporary Uses. Temporary uses in the I, industrial district shall be those established for the I, industrial district as outlined in Section 3.05 of this chapter, subject to the approval of a temporary use permit in accordance with the procedures and standards of Section 6.20 of this chapter, Temporary use permits.

(e)

Design Standards.

(1)

Open space shall be landscaped in accordance with the provisions of Section 5.05 of this code, Trees, landscaping and screening.

(f)

Minimum Lot Area. The minimum lot area for all principal uses in the I, industrial district shall be ten thousand (10,000) square feet, subject to Section 3.06(c) of this chapter.

(g)

Minimum Front Yard. The minimum front yard for all uses in the I, industrial district shall be fifteen (15), subject to Section 3.06(d) of this chapter.

(h)

Minimum Side Yard. The minimum side yard in the I, industrial district shall be seven (7) feet, subject to Section 3.06(e) of this chapter.

(i)

Minimum Rear Yard. The minimum rear yard in the I, industrial district shall be seven (7) feet, subject to Section 3.06(f) of this chapter.

(j)

Maximum Lot Coverage. The maximum lot coverage in the I, industrial district shall be fifty (50) percent, subject to Section 3.06(g) of this chapter.

(k)

Maximum Height. The maximum height of buildings and structures in the I, industrial district shall be thirty-five (35) feet, subject to Section 3.06(i) of this chapter.

(l)

Minimum Lot Width. There shall be no minimum lot width in the I, industrial district, subject to Section 3.06(j) of this chapter.

(a)

Purpose and Intent. The PUD, planned unit development district is designed primarily to provide flexibility to accommodate mixed-use, nontraditional and innovative developments and renewal. It is further intended to promote more economical and efficient use of the land while providing a harmonious variety of housing choices, a higher level of urban amenities, and the preservation of natural and scenic qualities of open spaces. The PUD, planned unit development district may be applied in all land use categories of the Cortez comprehensive plan. In addition to the regulations of this section, development in the PUD, planned unit development district shall be in compliance with other applicable provisions of this code.

(b)

Types of Planned Unit Developments. The city council, after public hearing and proper notice and after recommendation from the planning and zoning commission, may authorize the creation of the following types of planned unit development districts:

(1)

Shopping centers on tracts of three (3) acres or more;

(2)

Housing developments on tracts of five (5) acres or more;

(3)

Industrial parks on tracts of ten (10) acres or more;

(4)

Medical center and/or hospital on tracts of three (3) acres or more;

(5)

Civic center, recreation or community center on tracts of one (1) acre or more;

(6)

Office, motel or hotel on tracts of three (3) acres or more;

(7)

Any combination of the above on tracts of ten (10) acres or more; or

(8)

Combinations of commercial and residential uses may be on tracts of land that are (1) one to (10) ten acres in size and located in the commercial highway zone.

(9)

Upon the recommendation of the planning and zoning commission, the city council may find that smaller tracts of property are appropriate for the development or redevelopment as a PUD. In approving a planned unit development smaller than the minimum acreages above, the planning and zoning commission and the council shall find that the proposed development:

a.

Cannot be developed under conventional zoning;

b.

Is adequately buffered from adjacent residential property;

c.

Mitigates adverse impacts on adjacent properties;

d.

Is consistent with the spirit and intent of the comprehensive plan.

(c)

General Requirements. The ordinance approving a planned unit development district shall include findings that the proposed development shall:

(1)

Be consistent with the Cortez comprehensive plan,

(2)

Be consistent with the character of existing land uses in the surrounding area, and

(3)

Not adversely affect the future development of the surrounding area.

(4)

Planned unit developments shall be used only when long-term community benefits, which may be achieved through high quality development, will be derived. The planning and zoning commission shall determine whether substantial community benefits will be derived. In addition to the above findings, the following list of specific benefits that would support a PUD zoning district shall be addressed. The items include but are not limited to:

a.

More effective infrastructure;

b.

Reduced traffic demands;

c.

A greater quality and quantity of public and/or private open space;

d.

Other recreational amenities;

e.

Needed housing types and/or mix;

f.

Innovative designs; and/or

g.

Protection and/or preservation of natural resources, habitat areas and natural features.

(d)

Site Plan Requirement. In establishing a planned unit development district in accordance with this section, the city council shall require a comprehensive site plan of the development in accordance with the requirements of Section 6.14 of this code, Site plans. Such site plan shall be approved and recorded as part of the approving ordinance prior to the issuance of any zoning development permit in the planned unit development. Such required plan and ordinance shall set forth the requirements for ingress and egress to the property, public streets or drives, with adequate right-of-way, special setbacks, sidewalks, utilities, drainage, parking space, height of building, maximum lot coverage, common open space, yards and open spaces, screening walls or fences, landscaping and other development and protective requirements including maintenance considered necessary to create a reasonable transition to and protection of the adjacent property. However, a single-family residence may be constructed on a platted lot of record located in a PUD, planned unit development district without approval of a site plan other than as required for a normal building permit where a single-family residence is listed as a permitted use in the underlying zone district.

(e)

Approval and Conditions. Every planned unit development district approved under the provisions of this code shall follow the procedure for and be considered an amendment to the zoning map. In approving the planned unit development district, the city council may impose conditions relative to the standard of development and such conditions shall be complied with before a certificate of occupancy is issued for the use of the land or any structure that is part of the planned unit development district and such conditions shall not be construed as conditions precedent to the approval of the zoning amendment, but shall be construed as conditions precedent to the granting of the certificate of occupancy. All planned unit development districts approved in accordance with the provisions of this code shall be referenced on the official zoning map and a list of such planned unit development districts, together with the category of uses permitted therein, shall be maintained in the office of the zoning administrator. Every application for a planned unit development district shall be reviewed and approved in accordance with Sections 6.04 and 6.05 of this code, except that full approval shall be executed through the adoption of such site plan and the approving ordinance as noted in subsection (d) of this section.

(f)

Time Limit of Approval. If within a maximum of twelve (12) months following the approval of a planned unit development the applicant has not submitted a final plat, or a building permit application where a final plat is not required, or if the planning commission finds that the applicant has abandoned the project, or if the planning commission determines that no substantial progress has been made toward completion of the project in the previous twelve (12) months, procedures shall be initiated to rezone the land to its original state. At its discretion and for good cause, the planning commission may extend for six (6) months and one (1) time only, the period for filing a final plat or building permit application.

(g)

Permitted and Conditional Uses. Permitted and conditional uses in a PUD shall be determined by the city council upon recommendation of the planning commission. Unless otherwise explicitly approved by the city council, the only permitted and conditional uses allowed shall be those established for the underlying zone district as outlined in Section 3.05 of this chapter, subject to compliance with any applicable conditions and other provisions of this code. Approval of such uses when not specifically authorized shall require amendment of the planned unit development ordinance or site plan, according to the procedures for zoning map amendments set forth in Section 6.02 of this code, Zoning map and land use code amendments. Notwithstanding the above, specific authorization shall not be required for conditional uses if such uses are shown on the approved site plan or in the ordinance for the planned unit development district, or for customary accessory uses.

(h)

Temporary Uses. Temporary uses shall be those established for the underlying zone district as outlined in Section 3.05 of this chapter, subject to compliance with any applicable conditions and other provisions of this code.

(i)

Prohibited Uses. Manufactured home dwelling units shall not be permitted in the PUD, planned unit development district.

(j)

Street and Access Requirements.

(1)

Public Streets. All streets shall conform to the requirements of Section 4.03 of this code, Streets and alleys, and the street development standards of the city.

(2)

Private Streets and Drives. Private streets and drives need not meet the requirements of this code which would otherwise be applicable if the planning commission after recommendation of the fire chief, chief of police and the public works director finds that the design of the proposed streets and common vehicular ways is adequate to protect the public health, safety, and welfare and will promote the purposes and intent of this section.

a.

Design standards for private streets shall be adequate to accommodate their anticipated uses and shall consider such factors as traffic volumes, vehicle weight, speed, emergency vehicle size, turning radius and the types of development served.

b.

A part of every residential building shall be no farther than sixty (60) feet from an access roadway or drive providing vehicular access from a public street, and not farther than five hundred (500) feet, measured along the route of vehicular access, from a public street.

c.

Ownership and maintenance responsibilities shall be vested with the abutting property owners and other persons to whom such streets provide access and such ownership and maintenance responsibilities shall not be transferred to a third party, or abandoned without the prior written approval of the city.

d.

At or near the entrance of a private street intersecting with a dedicated public street or with another private street, there shall be erected and maintained by the applicant/developer, a sign having the dimensions of at least 15 inches by 21 inches (15″ × 21″) upon which is printed and clearly legible in at least two-inch (2″) letters the name of the private street and the words "PRIVATE STREET", and in at least one-inch (1″) letters the words, "NOT DEDICATED FOR PUBLIC USE OR MAINTAINED BY THE CITY OF CORTEZ (LUC 3.16)." The words, letters, and figures of the sign shall be arranged in substantially the following manner:

NAME OF STREET
PRIVATE STREET
NOT DEDICATED FOR PUBLIC USE OR MAINTAINED BY THE CITY OF CORTEZ (LUC 3.16)

e.

If the residents of the community desire to dedicate the private street(s) to the city for public use, application shall be made to the city through the city planner's office. Applications shall include a petition signed by no less than fifty-one percent (51%) of the property owners of frontage of such street(s), a record of street maintenance and patching history, a dedicatory plat labeled "Amended Plat", and the appropriate fee for amended plats as adopted by council resolution. In addition, the city engineer and the director of public works shall inspect the street(s) to determine if the paving, curb and gutter, and sidewalks are within acceptable levels of service to be included into the city's public streets system. A comprehensive report covering level of deterioration, extent of repairs, and estimated costs of repairs or reconstruction shall be submitted to the applicant and included in the application to the city. Prior to acceptance of the street(s), the city may require repairs and/or complete reconstruction of the paved street surface, curbs, gutters and sidewalks, the cost of which shall be borne by the applicants.

(k)

PUD Perimeter Buffer Zone. A planned unit development shall maintain an appropriate relationship with surrounding or adjacent residential areas and shall include a buffer zone along the perimeter or edge of the development. The buffer zone must be kept free of buildings or structures and must be landscaped, screened, or protected by natural features so that adverse effects on surrounding areas are minimized.

(1)

Where single-family or duplex dwelling units are adjacent to a low-density residential area, there shall be a minimum twenty-five (25) foot buffer zone.

(2)

Where multi-family or nonresidential buildings or structures are adjacent to a low-density residential area, there shall be a minimum thirty (30) foot buffer zone.

(l)

Minimum Lot Area. The minimum lot area per dwelling unit in a planned unit development shall be according to the underlying zone district; provided, however, that the minimum lot area may be reduced as follows where the balance of the site is dedicated as common open space, subject to Section 3.06(c) of this chapter:

(m)

Minimum Front Yard. The minimum front yard for all uses in the PUD, planned unit development district shall be as established by the approved site plan. Where the front yard is not specified on the site plan, the minimum front yard shall be twenty-five (25) feet with the following exceptions, subject to Section 3.06(d) of this chapter.

(1)

The minimum front yard for shopping center or retail development shall be sixty (60) feet, except drive-in service buildings may have a minimum thirty (30) foot front yard and gasoline service station pump islands may not be located nearer than eighteen (18) feet to the front property line.

(2)

The minimum front yard for single-family dwellings shall be as follows:

a.

Where the side of the garage faces the street, the minimum ten (10) foot front yard shall be provided from the side of the garage to the right-of-way line;

b.

Where the garage faces the street, the minimum twenty (20) foot front yard shall be from the face of the garage to the right-of-way line; and

c.

Where a rear entry garage is provided, the minimum front yard shall be fifteen (15) feet from the foundation line to the right-of-way line.

(n)

Minimum Side Yard. The minimum side yard requirements in a planned unit development shall be one (1) of the following, subject to Section 3.06(e) of this chapter:

(1)

Ten (10) percent of the width of the lot but not less than six (6) feet between property line and foundation line.

(2)

Five (5) feet from the foundation line to the side property line except that a side yard may be reduced to zero (0) provided no doors, windows, or other openings are provided on the wall of the building facing or along such reduced side yard and provided an access and maintenance easement of five (5) feet shall be provided and indicated within the subdivision plat on all contiguous lots to allow the adjacent owner to maintain and repair the side of a structure with a reduced or no yard space. A minimum distance of 10 feet from foundation line to foundation line shall be provided between all buildings.

(o)

Minimum Rear Yard. The minimum rear yard in a PUD, planned unit development district shall be established on the site plan, which shall be made a part of the amending ordinance. In no case shall the required rear yard for the main building be less than ten (10) feet except as provided in Section 3.06(f) of this chapter.

(1)

The minimum rear yard for single-family dwelling units in the planned unit development district shall be as follows:

a.

Ten (10) feet from the foundation line to the rear property line except that a rear yard may be reduced to zero (0) provided no doors, windows or other openings are provided on the wall of the structure facing or adjacent to the rear yard and provided an access and maintenance easement of five (5) feet shall be provided and indicated within the subdivision plat on all contiguous lots to allow the adjacent owner to maintain and repair the side of the structure with a reduced or no yard space.

b.

A minimum distance of ten (10) feet from foundation line to foundation line shall be provided between all buildings.

(p)

Maximum Lot Coverage. The maximum lot coverage for all uses in the PUD, planned unit development district shall be fifty (50) percent for all uses, subject to Section 3.06(g) of this chapter.

(q)

Minimum Floor Area Per Unit. The minimum floor area per unit in the PUD, planned unit development district shall conform to the standards of the underlying zone district.

(r)

Maximum Height. The maximum height of buildings and structures in the PUD, planned unit development district shall be negotiable but in no case shall exceed fifty (50) feet for all uses, subject to Section 3.06(i) of this chapter.

(s)

Minimum Lot Width. The minimum lot width for residential uses in the PUD, planned unit development district shall be as follows, subject to Section 3.06(j) of this chapter:

(1)

Forty (40) feet for single family dwellings;

(2)

Fifty (50) feet for two-family dwellings; and

(3)

Sixty (60) feet for multi-family dwellings.

(Ord. 1024 (part), 2004; Ord. 1014, 2004; Ord. 991 (part), 2003)