Durango City Zoning Code

CHAPTER 2

ZONES, USES, AND DEVELOPMENT YIELD

Sec. 2-1-1-1 Purpose of Article

Generally. The purpose of this Article is to create zones within the City for the application of this LUDC, and to set out the allowed, special, limited, conditional, and prohibited uses in each zoning district.

Zones. Zones are established by Division 2-1-2, Establishment of Zones.

The zones that are established by this Article are divided into six general categories, which are intended to:
1. Guide new development according to the City's Comprehensive Plan;
2. Respect and reinforce the fabric of the City's stable, established neighborhoods;
3. Promote development of a character and quality that is compatible with its context;
4. Provide opportunities for commercial and mixed-use development to serve City and regional residents;
5. Provide opportunities for development of employment centers;
6. Protect agricultural areas and natural landscapes;
7. Provide for development patterns that reduce carbon emissions by reducing vehicle miles traveled and promoting multimodal transportation choice; and
8. Continue existing, active planned development approvals.
The six general categories are:
1. Residential (Established Residential Neighborhoods);
2. Residential (Other);
3. Mixed-Use;
4. Nonresidential;
5. Agriculture and Open Space; and
6. Public and Planned.

Land Use. The purpose of Division 2-1-3, Use / Zone Matrices, is to set out the uses of land that are permitted in each district. Uses are either permitted as-of-right ("allowed"), permitted subject to compliance with additional standards ("special" or "limited"), permitted subject to additional standards and public hearing ("conditional"), or prohibited ("not allowed").

Effective on: 7/1/2014

Sec. 2-1-1-2 Application of Article

Generally. Article 2-1, Zones and Land Uses, applies as set out in this Section. This Section is intended to provide background about how to use Article 2-1, and not to establish substantive requirements or limit the effect of the individual Sections of this Article.

Establishment of Zones. Division 2-1-2, Establishment of Zones, establishes the basic framework for how most of the other Articles of this LUDC are applied. The Division:

Establishes the zones in which various uses of land and intensities of development are allowed.
Establishes overlay zones in which special design requirements, historic preservation requirements, or other rules apply.
Establishes the Official Zoning Map of the City of Durango and provides rules for its interpretation.
Provides for how land will be zoned upon annexation.
Provides standards for rezoning property from one zone to another.

Use / Zone Matrices. Division 2-1-3, Use / Zone Matrices, provides a comprehensive set of matrices that describe which uses are allowed in each zone that is established by Division 2-1-2, Establishment of Zones, identifies the process required to obtain an approval for a proposed use, and provides a cross-reference to any additional standards that must be met as a precondition for approval of the proposed use. Division 2-1-3, Use / Zone Matrices, also provides a list of uses that are prohibited in every zone, and a set of standards for deciding which requirements will apply to uses that are not specifically listed in the matrices of the Division.

Effective on: 7/1/2014

Sec. 2-1-2-1 Zones Established

EN-1: Established Neighborhood - Old Durango Category

EN-2: Established Neighborhood - 2nd and 3rd Avenues Category

EN-3: Established Neighborhood - East Animas City Category

EN-4: Established Neighborhood - Crestview and Needham Category

EN-5: Established Neighborhood - Riverview Category

EN-6: Established Neighborhood - Other Single-Family Neighborhoods Category

EN-MF: Established Neighborhood - Multifamily Category

MU-A: Mixed-Use - Arterial Corridor Category

The City is divided into the zones that are set out in Table 2-1-2-1, Durango Zones.

Table 2-1-2-1 Durango Zones
Zone Classification / Name	Abbreviation	Character	Purpose
Residential (Established Residential Neighborhoods)
Established Neighborhood - Old Durango		urban	Protect the character and functional integrity of the Old Durango Neighborhood.
Established Neighborhood - 2^nd and 3^rd Avenues		urban	Protect the character and functional integrity of the Second and Third Avenue Neighborhoods.
Established Neighborhood - East Animas City		suburban	Protect the character and functional integrity of the East Animas City Neighborhood.
Established Neighborhood - Crestview and Needham		auto-urban	Protect the character and functional integrity of the Crestview and Needham Neighborhoods.
Established Neighborhood - Riverview		auto-urban	Protect the character and functional integrity of the Riverview Neighborhood.
Established Neighborhood - Other Single-Family Neighborhoods		suburban	Protect the character and function of Hillcrest and other single-family neighborhoods which were established before the effective date.
Established Neighborhood - Multifamily		varies	Protect and encourage investments in existing multifamily properties, including those bounded by other EN districts.
Residential (Other)
Residential - Low		suburban	Provide for development of housing in a park-like setting, where buildings, landscaping, and paved areas are roughly equal elements of the visual landscape. This district is the least dense residential district for new development.
Residential - Medium		auto-urban or urban	Provide for general residential development of a variety of housing types. Development in the RM district is more intense than that in the RL district.
Residential - High		urban	Provide for urban residential development of a variety of housing types. This district is the most intense residential district. Buildings and formal landscaping along the street are dominant visual elements.
Mixed-Use
Central Business District		urban core	Provide a robust mixed-use center that is a source of community identity and pride.
Mixed-Use - Neighborhood		urban	Provide for mixed-use areas or non-arterial corridors with small-scale residential and mixed-use development, and adaptive re-use of existing residential buildings for mixed-use or commercial purposes.
Mixed-Use - Arterial Corridor		auto-urban	Provide for community and neighborhood-scale mixed-use and commercial development along arterial corridors.
Nonresidential
Commercial - General		auto-urban	Provide for community and neighborhood-scale retail, restaurant, and service uses, and for general and medical offices.
Commercial - Regional		auto-urban	Provide for regional scale retail uses.
Business Park / Campus		suburban or auto-urban	Provide for campus-like environments for colleges, universities, business parks, hospitals, etc.
Light Industry		auto-urban	Provide for light industrial, warehousing, flex-park, rail, and storage uses.
Agriculture and Open Space
Rural / Agriculture		rural	Provide for the establishment or continuation of agricultural uses and services that support agricultural uses, and for very low-density development in ecologically sensitive or geologically hazardous areas. May be used as a holding zone for property that is annexed without a zoning designation.
Open Space		natural or rural	Provide for the preservation of natural areas under conservation easements and public open space.
Public and Planned
Public		varies	Provide for public uses.
Planned Development		varies	Provide for the continuation of existing planned development approvals and the approval of new planned developments when it is demonstrated that the development is exceptional and could not otherwise be approved under a different zoning classification.

Table 2-1-2-1 Durango Zones
Zone Classification / Name	Abbreviation	Character	Purpose
Residential (Established Residential Neighborhoods)
Established Neighborhood - Old Durango		urban	Protect the character and functional integrity of the Old Durango Neighborhood.
Established Neighborhood - 2^nd and 3^rd Avenues		urban	Protect the character and functional integrity of the Second and Third Avenue Neighborhoods.
Established Neighborhood - East Animas City		suburban	Protect the character and functional integrity of the East Animas City Neighborhood.
Established Neighborhood - Crestview and Needham		auto-urban	Protect the character and functional integrity of the Crestview and Needham Neighborhoods.
Established Neighborhood - Riverview		auto-urban	Protect the character and functional integrity of the Riverview Neighborhood.
Established Neighborhood - Other Single-Family Neighborhoods		suburban	Protect the character and function of Hillcrest and other single-family neighborhoods which were established before the effective date.
Established Neighborhood - Multifamily		varies	Protect and encourage investments in existing multifamily properties, including those bounded by other EN districts.
Residential (Other)
Residential - Low		suburban	Provide for development of housing in a park-like setting, where buildings, landscaping, and paved areas are roughly equal elements of the visual landscape. This district is the least dense residential district for new development.
Residential - Medium		auto-urban or urban	Provide for general residential development of a variety of housing types. Development in the RM district is more intense than that in the RL district.
Residential - High		urban	Provide for urban residential development of a variety of housing types. This district is the most intense residential district. Buildings and formal landscaping along the street are dominant visual elements.
Mixed-Use
Central Business District		urban core	Provide a robust mixed-use center that is a source of community identity and pride.
Mixed-Use - Neighborhood		urban	Provide for mixed-use areas or non-arterial corridors with small-scale residential and mixed-use development, and adaptive re-use of existing residential buildings for mixed-use or commercial purposes.
Mixed-Use - Arterial Corridor		auto-urban	Provide for community and neighborhood-scale mixed-use and commercial development along arterial corridors.
Nonresidential
Commercial - General		auto-urban	Provide for community and neighborhood-scale retail, restaurant, and service uses, and for general and medical offices.
Commercial - Regional		auto-urban	Provide for regional scale retail uses.
Business Park / Campus		suburban or auto-urban	Provide for campus-like environments for colleges, universities, business parks, hospitals, etc.
Light Industry		auto-urban	Provide for light industrial, warehousing, flex-park, rail, and storage uses.
Agriculture and Open Space
Rural / Agriculture		rural	Provide for the establishment or continuation of agricultural uses and services that support agricultural uses, and for very low-density development in ecologically sensitive or geologically hazardous areas. May be used as a holding zone for property that is annexed without a zoning designation.
Open Space		natural or rural	Provide for the preservation of natural areas under conservation easements and public open space.
Public and Planned
Public		varies	Provide for public uses.
Planned Development		varies	Provide for the continuation of existing planned development approvals and the approval of new planned developments when it is demonstrated that the development is exceptional and could not otherwise be approved under a different zoning classification.

Table 2-1-2-1 Durango Zones
Zone Classification / Name	Abbreviation	Character	Purpose
Residential (Established Residential Neighborhoods)
Established Neighborhood - Old Durango		urban	Protect the character and functional integrity of the Old Durango Neighborhood.
Established Neighborhood - 2^nd and 3^rd Avenues		urban	Protect the character and functional integrity of the Second and Third Avenue Neighborhoods.
Established Neighborhood - East Animas City		suburban	Protect the character and functional integrity of the East Animas City Neighborhood.
Established Neighborhood - Crestview and Needham		auto-urban	Protect the character and functional integrity of the Crestview and Needham Neighborhoods.
Established Neighborhood - Riverview		auto-urban	Protect the character and functional integrity of the Riverview Neighborhood.
Established Neighborhood - Other Single-Family Neighborhoods		suburban	Protect the character and function of Hillcrest and other single-family neighborhoods which were established before the effective date.
Established Neighborhood - Multifamily		varies	Protect and encourage investments in existing multifamily properties, including those bounded by other EN districts.
Residential (Other)
Residential - Low		suburban	Provide for development of housing in a park-like setting, where buildings, landscaping, and paved areas are roughly equal elements of the visual landscape. This district is the least dense residential district for new development.
Residential - Medium		auto-urban or urban	Provide for general residential development of a variety of housing types. Development in the RM district is more intense than that in the RL district.
Residential - High		urban	Provide for urban residential development of a variety of housing types. This district is the most intense residential district. Buildings and formal landscaping along the street are dominant visual elements.
Mixed-Use
Central Business District		urban core	Provide a robust mixed-use center that is a source of community identity and pride.
Mixed-Use - Neighborhood		urban	Provide for mixed-use areas or non-arterial corridors with small-scale residential and mixed-use development, and adaptive re-use of existing residential buildings for mixed-use or commercial purposes.
Mixed-Use - Arterial Corridor		auto-urban	Provide for community and neighborhood-scale mixed-use and commercial development along arterial corridors.
Nonresidential
Commercial - General		auto-urban	Provide for community and neighborhood-scale retail, restaurant, and service uses, and for general and medical offices.
Commercial - Regional		auto-urban	Provide for regional scale retail uses.
Business Park / Campus		suburban or auto-urban	Provide for campus-like environments for colleges, universities, business parks, hospitals, etc.
Light Industry		auto-urban	Provide for light industrial, warehousing, flex-park, rail, and storage uses.
Agriculture and Open Space
Rural / Agriculture		rural	Provide for the establishment or continuation of agricultural uses and services that support agricultural uses, and for very low-density development in ecologically sensitive or geologically hazardous areas. May be used as a holding zone for property that is annexed without a zoning designation.
Open Space		natural or rural	Provide for the preservation of natural areas under conservation easements and public open space.
Public and Planned
Public		varies	Provide for public uses.
Planned Development		varies	Provide for the continuation of existing planned development approvals and the approval of new planned developments when it is demonstrated that the development is exceptional and could not otherwise be approved under a different zoning classification.

Table 2-1-2-1 Durango Zones
Zone Classification / Name	Abbreviation	Character	Purpose
Residential (Established Residential Neighborhoods)
Established Neighborhood - Old Durango		urban	Protect the character and functional integrity of the Old Durango Neighborhood.
Established Neighborhood - 2^nd and 3^rd Avenues		urban	Protect the character and functional integrity of the Second and Third Avenue Neighborhoods.
Established Neighborhood - East Animas City		suburban	Protect the character and functional integrity of the East Animas City Neighborhood.
Established Neighborhood - Crestview and Needham		auto-urban	Protect the character and functional integrity of the Crestview and Needham Neighborhoods.
Established Neighborhood - Riverview		auto-urban	Protect the character and functional integrity of the Riverview Neighborhood.
Established Neighborhood - Other Single-Family Neighborhoods		suburban	Protect the character and function of Hillcrest and other single-family neighborhoods which were established before the effective date.
Established Neighborhood - Multifamily		varies	Protect and encourage investments in existing multifamily properties, including those bounded by other EN districts.
Residential (Other)
Residential - Low		suburban	Provide for development of housing in a park-like setting, where buildings, landscaping, and paved areas are roughly equal elements of the visual landscape. This district is the least dense residential district for new development.
Residential - Medium		auto-urban or urban	Provide for general residential development of a variety of housing types. Development in the RM district is more intense than that in the RL district.
Residential - High		urban	Provide for urban residential development of a variety of housing types. This district is the most intense residential district. Buildings and formal landscaping along the street are dominant visual elements.
Mixed-Use
Central Business District		urban core	Provide a robust mixed-use center that is a source of community identity and pride.
Mixed-Use - Neighborhood		urban	Provide for mixed-use areas or non-arterial corridors with small-scale residential and mixed-use development, and adaptive re-use of existing residential buildings for mixed-use or commercial purposes.
Mixed-Use - Arterial Corridor		auto-urban	Provide for community and neighborhood-scale mixed-use and commercial development along arterial corridors.
Nonresidential
Commercial - General		auto-urban	Provide for community and neighborhood-scale retail, restaurant, and service uses, and for general and medical offices.
Commercial - Regional		auto-urban	Provide for regional scale retail uses.
Business Park / Campus		suburban or auto-urban	Provide for campus-like environments for colleges, universities, business parks, hospitals, etc.
Light Industry		auto-urban	Provide for light industrial, warehousing, flex-park, rail, and storage uses.
Agriculture and Open Space
Rural / Agriculture		rural	Provide for the establishment or continuation of agricultural uses and services that support agricultural uses, and for very low-density development in ecologically sensitive or geologically hazardous areas. May be used as a holding zone for property that is annexed without a zoning designation.
Open Space		natural or rural	Provide for the preservation of natural areas under conservation easements and public open space.
Public and Planned
Public		varies	Provide for public uses.
Planned Development		varies	Provide for the continuation of existing planned development approvals and the approval of new planned developments when it is demonstrated that the development is exceptional and could not otherwise be approved under a different zoning classification.

Effective on: 7/1/2014

Sec. 2-1-2-2 Overlay Zones Established

DDOZ: Downtown Design Overlay Zone Category

RCOZ: River Corridor Overlay Zone Category

Generally. The City of Durango has a diverse character and landscape. Overlay zones are created in order to promote the preservation, reinforcement, and enhancement of key features of the natural and built environments. Some of the overlay zones include subdistricts to address specific issues in specific areas.
River Corridor Overlay Zone. The River Corridor Overlay Zone ("RCOZ") is established. Its purposes, boundaries, and subdistricts are as provided in this subsection.
1. Purpose. The purpose of the RCOZ is to recognize the unique elements of properties near and adjacent to the Animas River, by providing a tailored combination of incentives and controls for development and redevelopment of those properties in ways that strengthen the corridor as a community asset and implement the Animas River Corridor Plan. The standards of the RCOZ are based on the following policy principles:
  1. Community Character. Much of the RCOZ is highly visible to residents and visitors to Durango, making the area an important contributor to the character of the community. The RCOZ is intended to enhance the character of the downtown area and the gateway to Durango through:
    1. Creative, well-designed, high-quality development; and
    2. The preservation and enhancement of the unique visual characteristics of the river corridor as viewed from the river and from the land above the river.
  2. Economic Development. The RCOZ is an important economic asset to the City for its land use and recreational values. Within the RCOZ, the City seeks to promote uses which interest both visitors and the local community, and to provide access to the water's edge.
  3. Compact Development and Multimodal Transportation. The RCOZ is intended to promote compact development and redevelopment that includes open spaces, trails, paths, and walkways to facilitate multimodal transportation. The RCOZ promotes the timely and orderly development of the City's proposed system of trails and paths, and contemplates that uses will be connected to the City's existing and proposed system of trails and paths.
  4. Ecology. The Animas River is an important ecological resource. In conjunction with the other requirements of this LUDC, the RCOZ is intended to protect this resource by:
    1. Encouraging open spaces and vehicle-free areas;
    2. Protecting and preserving vegetation and natural habitats in the river corridor;
    3. Minimizing soil erosion and water pollution from stormwater runoff; and
    4. Minimizing disturbance to ecologically sensitive floodplain land.
  5. Flexibility and Performance. The RCOZ is applied to areas with challenging parcel geometry, where compliance with setback and / or off-street parking requirements may be unusually difficult. In the alternative to strict numerical setback, bulk, and parking requirements, performance standards are provided to implement the purposes of the RCOZ and the goals of the Animas River Corridor Plan.
2. Boundaries. The official map showing the boundaries of the RCOZ is on file at the Community Development Department. A general location map is provided in the Appendix.

1. Subdistricts. Two subdistricts are created within the RCOZ, as follows:
  1. Downtown Subdistrict. This Subdistrict recognizes the urban character and unique design considerations of the Central Business District. The official map showing the boundaries of the RCOZ subdistricts is on file at the Community Development Department. A general location map of the Downtown Subdistrict is provided in the Appendix. The Subdistrict includes:
    1. All parcels which abut the east bank of the Animas River ranging from the bridge at U.S. Highway 160 to the DSNGRR bridge that crosses the river near East 2nd Avenue;
    2. All parcels lying east of the Animas River and west of Camino Del Rio bounded on the north by the Main Avenue bridge located between 15th and 17th Streets and on the south by the bridge at U.S. Highway 160.
    3. All land within Schneider Park.
    4. All parcels lying west of the Animas River and east of Roosa Avenue bounded on the north by the 9th Street bridge and on the south by the bridge at U.S. Highway 160.

1. 1. River Corridor Subdistrict. This Subdistrict recognizes the less intensive development that exists within the RCOZ that is located north and south of the Downtown Subdistrict. The boundaries of the River Corridor Subdistrict include the remaining area within the RCOZ that is not within the boundaries of the Downtown Subdistrict.

Downtown Design Overlay Zone. The downtown design overlay zone is established. Its purposes, boundaries, and subdistricts are as provided in this subsection.
1. Purpose. The purpose of the Downtown Design Overlay Zone ("DDOZ") is to provide for change and new development, while preserving and protecting the special character and identity of Durango's downtown area. Design standards that are applied within the DDOZ assure that new construction, renovation, or rehabilitation within the Central Business District will be compatible with, and will preserve and enhance the district's special character, a portion of which has been recognized as a National Register Historic District. The design standards are based upon the existing character of downtown as defined by the prevailing architecture, building materials, and urban design features. The design standards provide a range of design choices within each of the designated character areas (Main Avenue, Second Avenue, Camino del Rio) and encourage development that is compatible and in context with the existing or appropriate character of the area. The standards discourage the introduction of incompatible elements of design or building style.
2. Intent. It is not the intent of the DDOZ to return Durango to a bygone era, nor is it the intent to create an artificial atmosphere by incongruous attempts to replicate the past. Buildings teach us the technology and values of the era of their construction. New buildings are compatible in design but represent their own times (as opposed to imitating buildings from previous eras), and serve as the historic record for future generations.
3. Subdistricts Established. The DDOZ is comprised of three subdistricts, which represent distinct character areas:
  1. The Main Avenue Character Area. The Main Avenue Character Area is the area south of 14th Street between the D&SNGRR right-of-way and the centerline of the alley east of Main Avenue (extended and abandoned), and also includes Buckley Park.
  2. The Second Avenue Character Area. The Second Avenue Character Area is the area south of the Animas River between the centerline of the alley east of Main Avenue (extended and abandoned) and the centerline of the alley east of East 2nd Avenue (extended and abandoned), and includes the most southerly property abutting the west side of East Third Avenue, but excludes Buckley Park and the Smiley Building.
  3. The Camino del Rio Character Area. The Camino del Rio Character Area is the area from the Main Avenue Bridge to the Highway 160 Bridge, between the centerline of the Animas River to the D&SNGRR right-of-way, including the D&SNGRR Train Depot property and the areas north of 14th Street to the centerline of the alley east of Main Avenue (extended and abandoned).
4. Official Map. The official map showing the boundaries of the DDOZ subdistricts is on file at the Community Development Department.
Historic Districts. The following locally designated historic district is continued:
1. East Third Avenue Historic District. The East Third Avenue Historic District is comprised of lots that front on East Third Avenue, generally from its Southern terminus just North of U.S. 550 to the Animas River. The official map showing the boundaries of the East Third Avenue Historic District is on file at the Community Development Department.

Effective on: 7/1/2014

Sec. 2-1-2-3 Official Zoning Map Adopted

Official Zoning Map Adopted. Zoning districts are shown upon the map entitled "Official Zoning Map of the City of Durango" (referred to hereinafter as "Zoning Map") which is incorporated into and made part of this LUDC by this reference. The Zoning Map is maintained by the Community Development Department.

Force and Effect. The Zoning Map and all notations, references, and other information shown on it are a part of this LUDC and have the same force and effect as the LUDC.

Status of Official Zoning Map. The Zoning Map that is on file at the Community Development Department shall control in the event of a conflict between the map that is on file and any other reproduction of said map, including but not limited to, maps that are made available electronically.

Effective on: 7/1/2014

Sec. 2-1-2-4 Interpretation of Official Zoning Map

Generally. The precise location of any zone boundary line shown on the Zoning Map shall be defined by the rules of this Section.

Rezoning Ordinances.

Rezoning ordinances (see Article 6-3, Permits and Procedures) shall be promptly reflected on the zoning map. The boundaries of property that are specified in a rezoning ordinance are controlling, except as provided in this subsection.
Conflicts between the zone boundaries on the zoning map and the zoning for property provided by an adopted rezoning ordinance dated after the effective date of this LUDC could result from administrative or scrivener's errors. In the event of such conflict:
1. It is presumed that the adopted rezoning ordinance controls, and the Zoning Map shall be promptly corrected when the conflict is identified. The Administrator shall provide written notice of the correction to the owners of property that is the subject of a zoning map correction.
2. The presumption may be rebutted if it is obvious that the error is within the text of the rezoning ordinance, in that:
  1. The rezoning affects property that was not the subject of the application for rezoning; or
  2. The rezoning affects only a portion of the property that was the subject of the application, the application requested rezoning for the entire property, and the application was granted without conditions that restricted the extent of the rezoning.
Any conflict between the boundaries on the Zoning Map and a development approval granted before the effective date shall be resolved as follows:
1. If the Zoning Map conflicts with a rezoning ordinance adopted before the effective date, the Zoning Map boundaries control. However, if the rezoning ordinance was tied to a site specific development plan, then the Zoning Map designation shall not interfere with any vested rights created by the site specific development plan.
2. If the Zoning Map conflicts with an active planned development ("PD") ordinance that was adopted before the effective date, the PD ordinance controls, unless there is record evidence to show that the Zoning Map was intended to adjust the boundaries of the PD.
3. If the Zoning Map conflicts with an inactive PD ordinance, or with the boundary of a completed PD, then the Zoning Map controls.
4. If the Zoning Map conflicts with a development or annexation agreement, then the conflict shall be resolved according to the terms of the agreement.

Identifiable Features. In the absence of a rezoning ordinance that specifies parcel boundaries, where zoning district boundary lines appear to follow identifiable features, their location shall be determined by applying the rules of this subsection in order from 1. to 5.:

Rights-of-Way. Boundary lines shown as following, or approximately following, streets, alleys, railroad tracks, or utility lines shall be construed as following the centerline of the right-of-way. Where the location of the actual streets or alleys differs from the location of corresponding streets or alleys on the Zoning Map, the location of the actual streets or alleys controls.
Property Lines. Boundary lines shown as following, or approximately following, lot lines or other property lines shown on the Zoning Map shall be construed as following such lines.
Toe or Top of Slope. Boundary lines shown as following, or approximately following, the toe or the top of a steep slope, shall be construed as following the contour line of the toe or top of slope.
Watercourses. Boundaries shown as following, or approximately following, the centerline of streams or other watercourses shall be construed as following the channel centerline. In the event of a natural change in the location of such streams or other watercourses, the zoning district boundary shall be construed as moving with the channel centerline. However, such movement shall not render existing development nonconforming. See Sec. 6-1-1-2, Application of Article.
Parallel to Features. Boundaries shown as separated from and parallel, or approximately parallel, to any of the features listed in paragraphs 1. through 4., above, shall be construed to be parallel to such features and at such distances as are shown by the scale on the zoning map.

Un-subdivided Land or No Identifiable Feature. In the absence of a rezoning ordinance that specifies parcel boundaries, on un-subdivided land, or where a district boundary follows no identifiable feature, the location of district boundaries shall be determined by applying the following rules in sequential order until the boundaries are known:

Text Dimensions. The boundary shall be located by reference to dimensions shown in text on the zoning map, if any.
Map Scale. The boundary shall be located using the map scale appearing on the zoning map.

All Land Within City Limits Shall Be Zoned. It is the intent of the City Council that all land within the City of Durango be zoned. Accordingly, the Rural / Agriculture (RA) zone shall be applied to all land on the zoning map that is:

Within the corporate limits of Durango;
Not within a right-of-way; and
Not shown with a zoning designation.

Effective on: 7/1/2014

Sec. 2-1-2-5 Zoning of Annexed Land

Generally. Zoning of annexed land or land in the process of annexation is an initial zoning. The standards and procedures that apply to zoning of annexed land are the same as those applied to a rezoning of property within the City limits. See Sec. 2-1-2-6, Standards for Rezoning.

Timing of Adoption of Zoning Ordinance. An ordinance proposing zoning of a parcel or parcels to be annexed shall not be finally adopted by the City Council before the date of final adoption of the annexation ordinance, but the annexation ordinance may include the zoning ordinance for the annexed property.

Compliance with State Law. All annexations to the city shall meet the requirements of Section 31-12, et seq. C.R.S., shall be consistent with the Durango Comprehensive Plan, and shall be in compliance with Division 6-3-11, Annexations.

Effective on: 7/1/2014

Sec. 2-1-2-6 Standards for Rezoning

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

The criteria of Subsections B. and C., below, are met;
One or more of the alternatives set out in Subsection D., below are met.

Resource Protection Policy.

It is the policy of the City not to rezone property in a manner that would create or facilitate the creation of development rights or entitlements that would either:
1. Reduce the level of protection for significant natural resources that exist on the parcel proposed for development; or
2. Expose additional people or personal property to unmitigated natural hazards that are present on the parcel proposed for development (e.g., fire, flood, or landslide-prone parcels).
This policy may be waived upon a finding by the City Council that:
1. Alternative means have been implemented to achieve a comparable or better level of resource protection (e.g., conservation easements, partial rezonings, or other comparable conditions of rezoning approval); or
2. The policy is outweighed by a substantial community interest that is served by approval of the rezoning (see Subsection C.1., below).

Compatibility and Public Benefits. All applications for rezoning shall meet the following criteria:

The proposed zone is in conformance with the Comprehensive Plan;
The proposed zone will provide a benefit (or degree of benefit) to the community or immediate area that cannot be provided in the existing zone, and which is sufficient to offset potential adverse impacts of the proposed zone, if any;
The proposed zone would not cause an LI zone to directly abut an EN, RL, or RM Zone, or a CR zone to directly abut an EN or RL zone, unless (in either circumstance) there is sufficient land area on the parcel proposed for rezoning to provide a required standard buffer, as set out in Section 4-6-3-5, Zone Boundary Bufferyards; and
Adequate public facilities are available to serve development in the proposed zone; or the proposed zone would limit demands upon public facilities more than the existing zone; or reasonable assurances are provided that adequate facilities will be made available to serve new development by the time the new development places demands on the facilities.

Alternative Scenario Standards. The City Council may approve an application for rezoning upon any of the following alternative findings, which are in addition to its findings regarding the criteria of Subsection C., above:

Alternative #1: Plan Implementation. The City Council finds that the proposed zone is more appropriate than the existing zone to implement an adopted, current City plan that was developed with public input (e.g., the Durango Comprehensive Plan).
Alternative #2: Change in Character of the Area. The City Council finds that the proposed zone is more appropriate than the existing zone because:
1. There has been a change in character or capacity of public infrastructure in the area (e.g., installation of public facilities, other zone changes, new growth trends, deterioration, development transitions, etc.); and
2. The proposed zone allows for the reasonable development or redevelopment of the parcel proposed for development in a manner that will be compatible with its existing or planned context.
Alternative #3: Need for Zone in Land Inventory. The City Council finds that the proposed zone is more appropriate than the existing zone because:
1. There is greater need in the community for land in the proposed zone than the existing zone; and
2. The proposed zone will promote a balance of land uses in the City that will improve economic opportunity and / or community mobility.
Alternative #4: Existing Zone Erroneously Adopted. The City Council finds that the proposed zone is more appropriate than the existing zone because:
1. The existing zoning for the property was erroneously assigned; and
2. Development has not proceeded in reliance on the erroneous zone.

Effective on: 7/1/2014

Sec. 2-1-3-1 Interpretation of Use / Zone Matrices

Generally. The tables set out in this Division ("use / zone matrices") describe which land uses are allowed ("A"), allowed if certain conditions are met (and in some cases, after posted notice and comment) ("S"), allowed after notice and comment if certain conditions are met ("L"), allowed after public hearing if certain conditions are met ("C"), and not allowed ("-") in each zoning district.

Legend. The following symbols are used in the matrices in this Division:

"A" means "allowed." Allowed uses are subject to administrative review for compliance with the general requirements of this LUDC.
"S" means "special use." Special uses are subject to administrative review for compliance with specific standards that pertain to the use, and for compliance with the general requirements of this LUDC.
"L" means "limited use." Limited uses are subject to administrative review for compliance with specific standards that pertain to the use, and for compliance with general standards for all limited uses, and the general requirements of this LUDC. Limited uses do not require a public hearing, but have additional notice and public comment requirements compared to special uses. Limited uses are not "as-of-right" uses.
"C" means "conditional use." Conditional uses are subject to public hearing review for compliance with specific standards that pertain to the use, general standards for all conditional uses, and the general requirements of this LUDC. Conditional uses are not "as-of-right" uses.
"-" means that the use is not allowed in the specified district.

Multiple Uses. Proposed uses that combine more than one listed use, except those that qualify as "mixed-use," shall meet the requirements for each listed use that applies. For example, a fueling or charging station with a vehicle wash shall comply with the requirements for both uses.

Effective on: 7/1/2014

Sec. 2-1-3-2 Neighborhood Types

Table 2-1-3-2, Neighborhood Types, is the use / zone matrix for new residential and mixed-use neighborhoods. The standards of this table apply to new subdivisions (or condominiums) which meet the threshold for the application of Division 2-4-2, Residential Development Yield, and not to the development of existing individual lots or to subdivisions that do not meet the thresholds for application of Division 2-4-2, Residential Development Yield.

Table 2-1-3-2 Neighborhood Types
Land Use	Standards Reference¹	Zoning Districts
		Residential					Mixed-Use			Nonresidential				Agriculture and Open Space		Public and Planned

TABLE NOTES: This column contains a cross-reference to the standards that apply in districts in which the use is listed as special ("S"), limited ("L"), or conditional ("C"). May be allowed pursuant to PD approval process.
Residential Neighborhoods
Single-Family Detached, Conventional	-	-	-	A	A	A	-	A	-	-	-	-	-	A	-	-	A²
Single-Family Detached, Cluster	-	-	-	A	A	-	-	-	-	-	-	-	-	A	-	-	A²
Duplex	-	-	-	-	A	A	-	-	-	-	-	-	-	-	-	-	A²
Townhomes	§ 2-2-3-1	-	-	-	S	A	-	A	A	-	-	-	-	-	-	-	A²
Multiplex	§ 2-2-3-1	-	-	S	S	A	-	A	A	-	-	-	-	-	-	-	A²
Multifamily	§ 2-2-3-1	-	-	S	S	A	A	A	A	-	-	S	-	-	-	-	A²
Manufactured Home Park or Subdivision	§ 2-2-3-1	-	-	S	S	L	-	-	-	-	-	-	-	-	-	-	A²
Mixed Housing	§ 2-2-3-1	-	-	-	S	A	-	S	S	-	-	-	-	-	-	-	A²
Mixed Housing Cluster	§ 2-2-3-1	-	-	S	S	-	-	-	-	-	-	-	-	-	-	-	A²
Mixed-Use Neighborhoods
Traditional Neighborhood Development ("TND")	§ 2-2-3-2	-	-	-	S	S	-	S	S	-	-	S	-	-	-	-	A²

Table 2-1-3-2 Neighborhood Types
Land Use	Standards Reference¹	Zoning Districts
		Residential					Mixed-Use			Nonresidential				Agriculture and Open Space		Public and Planned

TABLE NOTES: This column contains a cross-reference to the standards that apply in districts in which the use is listed as special ("S"), limited ("L"), or conditional ("C"). May be allowed pursuant to PD approval process.
Residential Neighborhoods
Single-Family Detached, Conventional	-	-	-	A	A	A	-	A	-	-	-	-	-	A	-	-	A²
Single-Family Detached, Cluster	-	-	-	A	A	-	-	-	-	-	-	-	-	A	-	-	A²
Duplex	-	-	-	-	A	A	-	-	-	-	-	-	-	-	-	-	A²
Townhomes	§ 2-2-3-1	-	-	-	S	A	-	A	A	-	-	-	-	-	-	-	A²
Multiplex	§ 2-2-3-1	-	-	S	S	A	-	A	A	-	-	-	-	-	-	-	A²
Multifamily	§ 2-2-3-1	-	-	S	S	A	A	A	A	-	-	S	-	-	-	-	A²
Manufactured Home Park or Subdivision	§ 2-2-3-1	-	-	S	S	L	-	-	-	-	-	-	-	-	-	-	A²
Mixed Housing	§ 2-2-3-1	-	-	-	S	A	-	S	S	-	-	-	-	-	-	-	A²
Mixed Housing Cluster	§ 2-2-3-1	-	-	S	S	-	-	-	-	-	-	-	-	-	-	-	A²
Mixed-Use Neighborhoods
Traditional Neighborhood Development ("TND")	§ 2-2-3-2	-	-	-	S	S	-	S	S	-	-	S	-	-	-	-	A²

Table 2-1-3-2 Neighborhood Types
Land Use	Standards Reference¹	Zoning Districts
		Residential					Mixed-Use			Nonresidential				Agriculture and Open Space		Public and Planned

TABLE NOTES: This column contains a cross-reference to the standards that apply in districts in which the use is listed as special ("S"), limited ("L"), or conditional ("C"). May be allowed pursuant to PD approval process.
Residential Neighborhoods
Single-Family Detached, Conventional	-	-	-	A	A	A	-	A	-	-	-	-	-	A	-	-	A²
Single-Family Detached, Cluster	-	-	-	A	A	-	-	-	-	-	-	-	-	A	-	-	A²
Duplex	-	-	-	-	A	A	-	-	-	-	-	-	-	-	-	-	A²
Townhomes	§ 2-2-3-1	-	-	-	S	A	-	A	A	-	-	-	-	-	-	-	A²
Multiplex	§ 2-2-3-1	-	-	S	S	A	-	A	A	-	-	-	-	-	-	-	A²
Multifamily	§ 2-2-3-1	-	-	S	S	A	A	A	A	-	-	S	-	-	-	-	A²
Manufactured Home Park or Subdivision	§ 2-2-3-1	-	-	S	S	L	-	-	-	-	-	-	-	-	-	-	A²
Mixed Housing	§ 2-2-3-1	-	-	-	S	A	-	S	S	-	-	-	-	-	-	-	A²
Mixed Housing Cluster	§ 2-2-3-1	-	-	S	S	-	-	-	-	-	-	-	-	-	-	-	A²
Mixed-Use Neighborhoods
Traditional Neighborhood Development ("TND")	§ 2-2-3-2	-	-	-	S	S	-	S	S	-	-	S	-	-	-	-	A²

Table 2-1-3-2 Neighborhood Types
Land Use	Standards Reference¹	Zoning Districts
		Residential					Mixed-Use			Nonresidential				Agriculture and Open Space		Public and Planned

TABLE NOTES: This column contains a cross-reference to the standards that apply in districts in which the use is listed as special ("S"), limited ("L"), or conditional ("C"). May be allowed pursuant to PD approval process.
Residential Neighborhoods
Single-Family Detached, Conventional	-	-	-	A	A	A	-	A	-	-	-	-	-	A	-	-	A²
Single-Family Detached, Cluster	-	-	-	A	A	-	-	-	-	-	-	-	-	A	-	-	A²
Duplex	-	-	-	-	A	A	-	-	-	-	-	-	-	-	-	-	A²
Townhomes	§ 2-2-3-1	-	-	-	S	A	-	A	A	-	-	-	-	-	-	-	A²
Multiplex	§ 2-2-3-1	-	-	S	S	A	-	A	A	-	-	-	-	-	-	-	A²
Multifamily	§ 2-2-3-1	-	-	S	S	A	A	A	A	-	-	S	-	-	-	-	A²
Manufactured Home Park or Subdivision	§ 2-2-3-1	-	-	S	S	L	-	-	-	-	-	-	-	-	-	-	A²
Mixed Housing	§ 2-2-3-1	-	-	-	S	A	-	S	S	-	-	-	-	-	-	-	A²
Mixed Housing Cluster	§ 2-2-3-1	-	-	S	S	-	-	-	-	-	-	-	-	-	-	-	A²
Mixed-Use Neighborhoods
Traditional Neighborhood Development ("TND")	§ 2-2-3-2	-	-	-	S	S	-	S	S	-	-	S	-	-	-	-	A²

Effective on: 7/1/2014

Sec. 2-1-3-3 Residential, Transient Residential, and Overnight Accommodations Use / Zone Matrix

Table 2-1-3-3, Residential, Transient Residential, and Overnight Accommodations, is the use / zone matrix for residential, transient residential, and overnight accommodations uses.

Table 2-1-3-3 Residential, Transient Residential, and Overnight Accommodations Uses
Land Use	Standards Reference¹	Zoning Districts
		Residential					Mixed-Use			Nonresidential				Agriculture and Open Space		Public and Planned
		²
TABLE NOTES: This column contains a cross-reference to the standards that apply in districts in which the use is listed as special ("S"), limited ("L"), or conditional ("C"). Special, Limited, or Conditional use standards may prohibit the use in certain EN zones. If approved during PD approval process, or within an existing residential PD zone in which the use is not prohibited by private restrictions. Must be in an existing non-residential building or a legal non-conforming multi-family building, see Sec 6-1-2-4. Only allowed on the City's Social Services Campus.
Residential Land Uses
Single-Family Detached	§ 2-2-3-3	A	A	A	A	A	S	S	S	-	-	-	-	A	-	-	A³
Duplex	§ 2-2-3-3	S	A	S	A	A	S	S	A	-	-	-	-	-	-	-	A³
Townhomes	§ 2-2-3-3	-	A	S	S	A	-	L	A	-	-	-	-	-	-	-	A³
Multiplex	§ 2-2-3-3	-	S	-	S	A	-	L	A	-	-	-	-	-	-	-	A³
Multi-Unit Building	§ 2-2-3-3	-	A	S	S	A	A	L	A	-	-	S	-	-	-	-	A³
Multi-Unit Property	§ 2-2-3-3	-	S	-	S	A	-	L	-	-	-	-	-	-	-	-	A³
Manufactured Home	-	A	-	A	A	A	-	-	-	-	-	-	-	A	-	-	A³
Group Home	§ 2-2-3-3	A	A	A	A	A	-	S	S	-	-	-	-	A		-	A³
Live-Work Unit	§ 2-2-3-3	-	-	-	-	S	L	A	A	-	-	-	-	-	-	-	A³
Work-Live Unit	§ 2-2-3-3	-	-	-	-	L	L	A	A	-	-	S	-	-	-	-	A³
On-Site Employee Housing	§ 2-2-3-3	-	-	-	-	-	S	S	S	S	S	L	-	-	-	-	A³
Permanent Supportive Housing	§ 2-2-3-3	-	-	-	-	-	-	-	-	-	-	-	-	-	-	L⁵	A³
Age Restricted Housing	§ 2-2-3-3	C⁴	S	-	S	S	L	L	L	-	-	-	-	-	-	C	A³
Senior Congregate Care Housing	§ 2-2-3-3	C⁴	L	-	L	L	L	L	L	-	-	-	-	-	-	C	A³
Dormitory / Fraternity / Sorority	§ 2-2-3-3	-	C	-	C	C	-	-	-	-	-	S	-	-	-	-	A³
Boarding House	§ 2-2-3-3	-	-	-	L	S	-	S	S	-	-	-	-	-	-	-	A³
Transient Residential Land Uses and Overnight Accommodations
Bed and Breakfast	§ 2-2-3-4	C	C	-	C	S	A	A	A	A	-	-	-	L	-	-	A³
Bed and Breakfast Inn	§ 2-2-3-4	C	C	-	C	S	A	A	A	A	-	-	-	L	-	-	A³
Guest Ranch	§ 2-2-3-4	-	-	-	-	-	-	-	-	-	-	-	-	C	-	-	A³
Hostel	§ 2-2-3-4	-	-	-	-	C	A	A	A	A	A	-	-	C	-	-	A³
Hotel / Motel, Tourist or Business	-	-	-	-	-	-	A	-	A	A	A	A	-	-	-	-	A³
Hotel / Motel, Convention	§ 2-2-3-4	-	-	-	-	-	S	-	A	A	A	A	-	-	-	-	A³
Timeshare / Fractional Ownership	§ 2-2-3-4	-	-	-	-	-	C	-	L	A	-	-	-	-	-	-	A³
Vacation Home / Vacation Rental	§ 2-2-3-4	L	-	-	-	-	L	L	L	-	-	-	-	-	-	-	L⁴

Table 2-1-3-3 Residential, Transient Residential, and Overnight Accommodations Uses
Land Use	Standards Reference¹	Zoning Districts
		Residential					Mixed-Use			Nonresidential				Agriculture and Open Space		Public and Planned
		²
TABLE NOTES: This column contains a cross-reference to the standards that apply in districts in which the use is listed as special ("S"), limited ("L"), or conditional ("C"). Special, Limited, or Conditional use standards may prohibit the use in certain EN zones. If approved during PD approval process, or within an existing residential PD zone in which the use is not prohibited by private restrictions. Must be in an existing non-residential building or a legal non-conforming multi-family building, see Sec 6-1-2-4. Only allowed on the City's Social Services Campus.
Residential Land Uses
Single-Family Detached	§ 2-2-3-3	A	A	A	A	A	S	S	S	-	-	-	-	A	-	-	A³
Duplex	§ 2-2-3-3	S	A	S	A	A	S	S	A	-	-	-	-	-	-	-	A³
Townhomes	§ 2-2-3-3	-	A	S	S	A	-	L	A	-	-	-	-	-	-	-	A³
Multiplex	§ 2-2-3-3	-	S	-	S	A	-	L	A	-	-	-	-	-	-	-	A³
Multi-Unit Building	§ 2-2-3-3	-	A	S	S	A	A	L	A	-	-	S	-	-	-	-	A³
Multi-Unit Property	§ 2-2-3-3	-	S	-	S	A	-	L	-	-	-	-	-	-	-	-	A³
Manufactured Home	-	A	-	A	A	A	-	-	-	-	-	-	-	A	-	-	A³
Group Home	§ 2-2-3-3	A	A	A	A	A	-	S	S	-	-	-	-	A		-	A³
Live-Work Unit	§ 2-2-3-3	-	-	-	-	S	L	A	A	-	-	-	-	-	-	-	A³
Work-Live Unit	§ 2-2-3-3	-	-	-	-	L	L	A	A	-	-	S	-	-	-	-	A³
On-Site Employee Housing	§ 2-2-3-3	-	-	-	-	-	S	S	S	S	S	L	-	-	-	-	A³
Permanent Supportive Housing	§ 2-2-3-3	-	-	-	-	-	-	-	-	-	-	-	-	-	-	L⁵	A³
Age Restricted Housing	§ 2-2-3-3	C⁴	S	-	S	S	L	L	L	-	-	-	-	-	-	C	A³
Senior Congregate Care Housing	§ 2-2-3-3	C⁴	L	-	L	L	L	L	L	-	-	-	-	-	-	C	A³
Dormitory / Fraternity / Sorority	§ 2-2-3-3	-	C	-	C	C	-	-	-	-	-	S	-	-	-	-	A³
Boarding House	§ 2-2-3-3	-	-	-	L	S	-	S	S	-	-	-	-	-	-	-	A³
Transient Residential Land Uses and Overnight Accommodations
Bed and Breakfast	§ 2-2-3-4	C	C	-	C	S	A	A	A	A	-	-	-	L	-	-	A³
Bed and Breakfast Inn	§ 2-2-3-4	C	C	-	C	S	A	A	A	A	-	-	-	L	-	-	A³
Guest Ranch	§ 2-2-3-4	-	-	-	-	-	-	-	-	-	-	-	-	C	-	-	A³
Hostel	§ 2-2-3-4	-	-	-	-	C	A	A	A	A	A	-	-	C	-	-	A³
Hotel / Motel, Tourist or Business	-	-	-	-	-	-	A	-	A	A	A	A	-	-	-	-	A³
Hotel / Motel, Convention	§ 2-2-3-4	-	-	-	-	-	S	-	A	A	A	A	-	-	-	-	A³
Timeshare / Fractional Ownership	§ 2-2-3-4	-	-	-	-	-	C	-	L	A	-	-	-	-	-	-	A³
Vacation Home / Vacation Rental	§ 2-2-3-4	L	-	-	-	-	L	L	L	-	-	-	-	-	-	-	L⁴

Table 2-1-3-3 Residential, Transient Residential, and Overnight Accommodations Uses
Land Use	Standards Reference¹	Zoning Districts
		Residential					Mixed-Use			Nonresidential				Agriculture and Open Space		Public and Planned
		²
TABLE NOTES: This column contains a cross-reference to the standards that apply in districts in which the use is listed as special ("S"), limited ("L"), or conditional ("C"). Special, Limited, or Conditional use standards may prohibit the use in certain EN zones. If approved during PD approval process, or within an existing residential PD zone in which the use is not prohibited by private restrictions. Must be in an existing non-residential building or a legal non-conforming multi-family building, see Sec 6-1-2-4. Only allowed on the City's Social Services Campus.
Residential Land Uses
Single-Family Detached	§ 2-2-3-3	A	A	A	A	A	S	S	S	-	-	-	-	A	-	-	A³
Duplex	§ 2-2-3-3	S	A	S	A	A	S	S	A	-	-	-	-	-	-	-	A³
Townhomes	§ 2-2-3-3	-	A	S	S	A	-	L	A	-	-	-	-	-	-	-	A³
Multiplex	§ 2-2-3-3	-	S	-	S	A	-	L	A	-	-	-	-	-	-	-	A³
Multi-Unit Building	§ 2-2-3-3	-	A	S	S	A	A	L	A	-	-	S	-	-	-	-	A³
Multi-Unit Property	§ 2-2-3-3	-	S	-	S	A	-	L	-	-	-	-	-	-	-	-	A³
Manufactured Home	-	A	-	A	A	A	-	-	-	-	-	-	-	A	-	-	A³
Group Home	§ 2-2-3-3	A	A	A	A	A	-	S	S	-	-	-	-	A		-	A³
Live-Work Unit	§ 2-2-3-3	-	-	-	-	S	L	A	A	-	-	-	-	-	-	-	A³
Work-Live Unit	§ 2-2-3-3	-	-	-	-	L	L	A	A	-	-	S	-	-	-	-	A³
On-Site Employee Housing	§ 2-2-3-3	-	-	-	-	-	S	S	S	S	S	L	-	-	-	-	A³
Permanent Supportive Housing	§ 2-2-3-3	-	-	-	-	-	-	-	-	-	-	-	-	-	-	L⁵	A³
Age Restricted Housing	§ 2-2-3-3	C⁴	S	-	S	S	L	L	L	-	-	-	-	-	-	C	A³
Senior Congregate Care Housing	§ 2-2-3-3	C⁴	L	-	L	L	L	L	L	-	-	-	-	-	-	C	A³
Dormitory / Fraternity / Sorority	§ 2-2-3-3	-	C	-	C	C	-	-	-	-	-	S	-	-	-	-	A³
Boarding House	§ 2-2-3-3	-	-	-	L	S	-	S	S	-	-	-	-	-	-	-	A³
Transient Residential Land Uses and Overnight Accommodations
Bed and Breakfast	§ 2-2-3-4	C	C	-	C	S	A	A	A	A	-	-	-	L	-	-	A³
Bed and Breakfast Inn	§ 2-2-3-4	C	C	-	C	S	A	A	A	A	-	-	-	L	-	-	A³
Guest Ranch	§ 2-2-3-4	-	-	-	-	-	-	-	-	-	-	-	-	C	-	-	A³
Hostel	§ 2-2-3-4	-	-	-	-	C	A	A	A	A	A	-	-	C	-	-	A³
Hotel / Motel, Tourist or Business	-	-	-	-	-	-	A	-	A	A	A	A	-	-	-	-	A³
Hotel / Motel, Convention	§ 2-2-3-4	-	-	-	-	-	S	-	A	A	A	A	-	-	-	-	A³
Timeshare / Fractional Ownership	§ 2-2-3-4	-	-	-	-	-	C	-	L	A	-	-	-	-	-	-	A³
Vacation Home / Vacation Rental	§ 2-2-3-4	L	-	-	-	-	L	L	L	-	-	-	-	-	-	-	L⁴

Table 2-1-3-3 Residential, Transient Residential, and Overnight Accommodations Uses
Land Use	Standards Reference¹	Zoning Districts
		Residential					Mixed-Use			Nonresidential				Agriculture and Open Space		Public and Planned
		²
TABLE NOTES: This column contains a cross-reference to the standards that apply in districts in which the use is listed as special ("S"), limited ("L"), or conditional ("C"). Special, Limited, or Conditional use standards may prohibit the use in certain EN zones. If approved during PD approval process, or within an existing residential PD zone in which the use is not prohibited by private restrictions. Must be in an existing non-residential building or a legal non-conforming multi-family building, see Sec 6-1-2-4. Only allowed on the City's Social Services Campus.
Residential Land Uses
Single-Family Detached	§ 2-2-3-3	A	A	A	A	A	S	S	S	-	-	-	-	A	-	-	A³
Duplex	§ 2-2-3-3	S	A	S	A	A	S	S	A	-	-	-	-	-	-	-	A³
Townhomes	§ 2-2-3-3	-	A	S	S	A	-	L	A	-	-	-	-	-	-	-	A³
Multiplex	§ 2-2-3-3	-	S	-	S	A	-	L	A	-	-	-	-	-	-	-	A³
Multi-Unit Building	§ 2-2-3-3	-	A	S	S	A	A	L	A	-	-	S	-	-	-	-	A³
Multi-Unit Property	§ 2-2-3-3	-	S	-	S	A	-	L	-	-	-	-	-	-	-	-	A³
Manufactured Home	-	A	-	A	A	A	-	-	-	-	-	-	-	A	-	-	A³
Group Home	§ 2-2-3-3	A	A	A	A	A	-	S	S	-	-	-	-	A		-	A³
Live-Work Unit	§ 2-2-3-3	-	-	-	-	S	L	A	A	-	-	-	-	-	-	-	A³
Work-Live Unit	§ 2-2-3-3	-	-	-	-	L	L	A	A	-	-	S	-	-	-	-	A³
On-Site Employee Housing	§ 2-2-3-3	-	-	-	-	-	S	S	S	S	S	L	-	-	-	-	A³
Permanent Supportive Housing	§ 2-2-3-3	-	-	-	-	-	-	-	-	-	-	-	-	-	-	L⁵	A³
Age Restricted Housing	§ 2-2-3-3	C⁴	S	-	S	S	L	L	L	-	-	-	-	-	-	C	A³
Senior Congregate Care Housing	§ 2-2-3-3	C⁴	L	-	L	L	L	L	L	-	-	-	-	-	-	C	A³
Dormitory / Fraternity / Sorority	§ 2-2-3-3	-	C	-	C	C	-	-	-	-	-	S	-	-	-	-	A³
Boarding House	§ 2-2-3-3	-	-	-	L	S	-	S	S	-	-	-	-	-	-	-	A³
Transient Residential Land Uses and Overnight Accommodations
Bed and Breakfast	§ 2-2-3-4	C	C	-	C	S	A	A	A	A	-	-	-	L	-	-	A³
Bed and Breakfast Inn	§ 2-2-3-4	C	C	-	C	S	A	A	A	A	-	-	-	L	-	-	A³
Guest Ranch	§ 2-2-3-4	-	-	-	-	-	-	-	-	-	-	-	-	C	-	-	A³
Hostel	§ 2-2-3-4	-	-	-	-	C	A	A	A	A	A	-	-	C	-	-	A³
Hotel / Motel, Tourist or Business	-	-	-	-	-	-	A	-	A	A	A	A	-	-	-	-	A³
Hotel / Motel, Convention	§ 2-2-3-4	-	-	-	-	-	S	-	A	A	A	A	-	-	-	-	A³
Timeshare / Fractional Ownership	§ 2-2-3-4	-	-	-	-	-	C	-	L	A	-	-	-	-	-	-	A³
Vacation Home / Vacation Rental	§ 2-2-3-4	L	-	-	-	-	L	L	L	-	-	-	-	-	-	-	L⁴

Effective on: 11/2/2021

2-1-3-4 Institutional, Education, Protective Care, Natural Medicine, and Health Care Use / Zone Matrix

Table 2-1-3-4, Institutional, Education, Protective Care, Natural Medicine, and Health Care, is the use / zone matrix for institutional, education, protective care, natural medicine, and health care uses.

Table 2-1-3-4 Institutional, Education, Protective Care, Natural Medicine, and Health Care Uses
Land Use	Standards Reference¹	Zoning Districts
		Residential					Mixed-Use			Nonresidential				Agriculture and Open Space		Public and Planned
		²
TABLE NOTE: 1. This column contains a cross-reference to the standards that apply in districts in which the use is listed as special ("S"), limited ("L"), or conditional ("C"). 2. Special, Limited, or Conditional use standards may prohibit the use in certain EN zones. 3. May be allowed pursuant to PD approval process. 4. May be allowed in a single-family dwelling unit within a PD by special use permit. 5. Excluding hospitals.
Institutional Uses
Cemetery	-	-	-	-	-	-	-	-	-	-	-	-	-	A	A	A	A³
Day Care, Adult	§ 2-2-3-5	L	L	L	A	A	A	A	A	-	-	-	-	L	-	A	A³
Day Care, Child (6 or fewer attendees)	§ 2-2-3-5	S	S	S	S	S	S	S	S	-	-	-	-	S	-	-	A³/ S⁴
Day Care, Child (7 to 12 attendees)	§ 2-2-3-5	L	L	L	L	L	L	L	L	L	-	L	-	L	-	A	A³
Day Care, Child (13 or more attendees)	§ 2-2-3-5	L	L	L	L	L	L	L	L	L	-	L	-	L	-	A	A³
Funeral Home	§ 2-2-3-5	C	C	-	C	C	-	A	A	A	L	-	-	-	-	A	A³
Institutional Residential	§ 2-2-3-5	-	C	C	C	L	-	L	L	-	-	-	-	-	-	S	A³
Library	§ 2-2-3-5	-	S	-	S	A	S	A	A	-	-	-	-	-	-	A	A³
Place of Assembly	§ 2-2-3-5	L	L	L	L	S	L	A	A	L	C	L	C	-	-	A	A³
Police or Fire Station	-	A	A	A	A	A	C	A	A	A	A	A	A	A	A	A	A³
Post Office	-	-	-	-	-	-	A	A	A	A	A	A	A	-	-	A	A³
Education Uses
College / University / Vocational School	§ 2-2-3-6	-	-	-	-	-	L	-	L	-	-	A	-	-	-	A	A³
School, Boarding	§ 2-2-3-6	-	L	-	L	S	-	-	-	-	-	-	-	-	-	S	A³
School, Middle	§ 2-2-3-6	S	S	S	S	S	L	L	L	C	C	-	-	-	-	S	A³
School, High	§ 2-2-3-6	L	-	-	-	C	L	C	C	C	C	-	-	-	-	S	A³
School, Pre-School or Elementary	§ 2-2-3-6	S	S	S	S	S	L	-	-	-	-	-	-	-	-	S	A³
Protective Care, Safehouse, and Shelter Uses
Protective Care	§ 2-2-3-7	-	-	-	-	-	-	-	-	-	-	-	C	-	-	L	A³
Safehouse	-	A	A	A	A	A	-	A	A	-	-	-	-	-	-	-	A³
Shelter	§ 2-2-3-7	-	C	-	-	L	-	C	L	-	-	-	-	L	-	L	A³
Natural Medicine Uses
Natural Medicine Healing Center	§ 2-2-3-20	-	-	-	-	-	-	-	-	L	-	L	-	-	-	-	L
Natural Medicine Cultivation Facility / Natural Medicine Testing Facility	§ 2-2-3-20	-	-	-	-	-	-	-	-	-	-	L	L	-	-	-	L
Health Care Uses
Assisted Living / Congregate Care	§ 2-2-3-8	L	L	L	S	S	-	L	L	C	C	-	-	-	-	L	A³
Hospitals / Clinics / Medical Labs / Urgent Care	§ 2-2-3-8	-	-	-	L⁵	L⁵	A	A	A	A	A	A	-	-	-	-	A³
Nursing Home	§ 2-2-3-8	-	L	-	L	S	-	L	L	-	-	S	-	L	-	-	A³
Office, Medical	-	-	-	-	-	-	A	A	A	A	A	A	L	-	-	-	A³

Table 2-1-3-4 Institutional, Education, Protective Care, Natural Medicine, and Health Care Uses
Land Use	Standards Reference¹	Zoning Districts
		Residential					Mixed-Use			Nonresidential				Agriculture and Open Space		Public and Planned
		²
TABLE NOTE: 1. This column contains a cross-reference to the standards that apply in districts in which the use is listed as special ("S"), limited ("L"), or conditional ("C"). 2. Special, Limited, or Conditional use standards may prohibit the use in certain EN zones. 3. May be allowed pursuant to PD approval process. 4. May be allowed in a single-family dwelling unit within a PD by special use permit. 5. Excluding hospitals.
Institutional Uses
Cemetery	-	-	-	-	-	-	-	-	-	-	-	-	-	A	A	A	A³
Day Care, Adult	§ 2-2-3-5	L	L	L	A	A	A	A	A	-	-	-	-	L	-	A	A³
Day Care, Child (6 or fewer attendees)	§ 2-2-3-5	S	S	S	S	S	S	S	S	-	-	-	-	S	-	-	A³/ S⁴
Day Care, Child (7 to 12 attendees)	§ 2-2-3-5	L	L	L	L	L	L	L	L	L	-	L	-	L	-	A	A³
Day Care, Child (13 or more attendees)	§ 2-2-3-5	L	L	L	L	L	L	L	L	L	-	L	-	L	-	A	A³
Funeral Home	§ 2-2-3-5	C	C	-	C	C	-	A	A	A	L	-	-	-	-	A	A³
Institutional Residential	§ 2-2-3-5	-	C	C	C	L	-	L	L	-	-	-	-	-	-	S	A³
Library	§ 2-2-3-5	-	S	-	S	A	S	A	A	-	-	-	-	-	-	A	A³
Place of Assembly	§ 2-2-3-5	L	L	L	L	S	L	A	A	L	C	L	C	-	-	A	A³
Police or Fire Station	-	A	A	A	A	A	C	A	A	A	A	A	A	A	A	A	A³
Post Office	-	-	-	-	-	-	A	A	A	A	A	A	A	-	-	A	A³
Education Uses
College / University / Vocational School	§ 2-2-3-6	-	-	-	-	-	L	-	L	-	-	A	-	-	-	A	A³
School, Boarding	§ 2-2-3-6	-	L	-	L	S	-	-	-	-	-	-	-	-	-	S	A³
School, Middle	§ 2-2-3-6	S	S	S	S	S	L	L	L	C	C	-	-	-	-	S	A³
School, High	§ 2-2-3-6	L	-	-	-	C	L	C	C	C	C	-	-	-	-	S	A³
School, Pre-School or Elementary	§ 2-2-3-6	S	S	S	S	S	L	-	-	-	-	-	-	-	-	S	A³
Protective Care, Safehouse, and Shelter Uses
Protective Care	§ 2-2-3-7	-	-	-	-	-	-	-	-	-	-	-	C	-	-	L	A³
Safehouse	-	A	A	A	A	A	-	A	A	-	-	-	-	-	-	-	A³
Shelter	§ 2-2-3-7	-	C	-	-	L	-	C	L	-	-	-	-	L	-	L	A³
Natural Medicine Uses
Natural Medicine Healing Center	§ 2-2-3-20	-	-	-	-	-	-	-	-	L	-	L	-	-	-	-	L
Natural Medicine Cultivation Facility / Natural Medicine Testing Facility	§ 2-2-3-20	-	-	-	-	-	-	-	-	-	-	L	L	-	-	-	L
Health Care Uses
Assisted Living / Congregate Care	§ 2-2-3-8	L	L	L	S	S	-	L	L	C	C	-	-	-	-	L	A³
Hospitals / Clinics / Medical Labs / Urgent Care	§ 2-2-3-8	-	-	-	L⁵	L⁵	A	A	A	A	A	A	-	-	-	-	A³
Nursing Home	§ 2-2-3-8	-	L	-	L	S	-	L	L	-	-	S	-	L	-	-	A³
Office, Medical	-	-	-	-	-	-	A	A	A	A	A	A	L	-	-	-	A³

Table 2-1-3-4 Institutional, Education, Protective Care, Natural Medicine, and Health Care Uses
Land Use	Standards Reference¹	Zoning Districts
		Residential					Mixed-Use			Nonresidential				Agriculture and Open Space		Public and Planned
		²
TABLE NOTE: 1. This column contains a cross-reference to the standards that apply in districts in which the use is listed as special ("S"), limited ("L"), or conditional ("C"). 2. Special, Limited, or Conditional use standards may prohibit the use in certain EN zones. 3. May be allowed pursuant to PD approval process. 4. May be allowed in a single-family dwelling unit within a PD by special use permit. 5. Excluding hospitals.
Institutional Uses
Cemetery	-	-	-	-	-	-	-	-	-	-	-	-	-	A	A	A	A³
Day Care, Adult	§ 2-2-3-5	L	L	L	A	A	A	A	A	-	-	-	-	L	-	A	A³
Day Care, Child (6 or fewer attendees)	§ 2-2-3-5	S	S	S	S	S	S	S	S	-	-	-	-	S	-	-	A³/ S⁴
Day Care, Child (7 to 12 attendees)	§ 2-2-3-5	L	L	L	L	L	L	L	L	L	-	L	-	L	-	A	A³
Day Care, Child (13 or more attendees)	§ 2-2-3-5	L	L	L	L	L	L	L	L	L	-	L	-	L	-	A	A³
Funeral Home	§ 2-2-3-5	C	C	-	C	C	-	A	A	A	L	-	-	-	-	A	A³
Institutional Residential	§ 2-2-3-5	-	C	C	C	L	-	L	L	-	-	-	-	-	-	S	A³
Library	§ 2-2-3-5	-	S	-	S	A	S	A	A	-	-	-	-	-	-	A	A³
Place of Assembly	§ 2-2-3-5	L	L	L	L	S	L	A	A	L	C	L	C	-	-	A	A³
Police or Fire Station	-	A	A	A	A	A	C	A	A	A	A	A	A	A	A	A	A³
Post Office	-	-	-	-	-	-	A	A	A	A	A	A	A	-	-	A	A³
Education Uses
College / University / Vocational School	§ 2-2-3-6	-	-	-	-	-	L	-	L	-	-	A	-	-	-	A	A³
School, Boarding	§ 2-2-3-6	-	L	-	L	S	-	-	-	-	-	-	-	-	-	S	A³
School, Middle	§ 2-2-3-6	S	S	S	S	S	L	L	L	C	C	-	-	-	-	S	A³
School, High	§ 2-2-3-6	L	-	-	-	C	L	C	C	C	C	-	-	-	-	S	A³
School, Pre-School or Elementary	§ 2-2-3-6	S	S	S	S	S	L	-	-	-	-	-	-	-	-	S	A³
Protective Care, Safehouse, and Shelter Uses
Protective Care	§ 2-2-3-7	-	-	-	-	-	-	-	-	-	-	-	C	-	-	L	A³
Safehouse	-	A	A	A	A	A	-	A	A	-	-	-	-	-	-	-	A³
Shelter	§ 2-2-3-7	-	C	-	-	L	-	C	L	-	-	-	-	L	-	L	A³
Natural Medicine Uses
Natural Medicine Healing Center	§ 2-2-3-20	-	-	-	-	-	-	-	-	L	-	L	-	-	-	-	L
Natural Medicine Cultivation Facility / Natural Medicine Testing Facility	§ 2-2-3-20	-	-	-	-	-	-	-	-	-	-	L	L	-	-	-	L
Health Care Uses
Assisted Living / Congregate Care	§ 2-2-3-8	L	L	L	S	S	-	L	L	C	C	-	-	-	-	L	A³
Hospitals / Clinics / Medical Labs / Urgent Care	§ 2-2-3-8	-	-	-	L⁵	L⁵	A	A	A	A	A	A	-	-	-	-	A³
Nursing Home	§ 2-2-3-8	-	L	-	L	S	-	L	L	-	-	S	-	L	-	-	A³
Office, Medical	-	-	-	-	-	-	A	A	A	A	A	A	L	-	-	-	A³

Table 2-1-3-4 Institutional, Education, Protective Care, Natural Medicine, and Health Care Uses
Land Use	Standards Reference¹	Zoning Districts
		Residential					Mixed-Use			Nonresidential				Agriculture and Open Space		Public and Planned
		²
TABLE NOTE: 1. This column contains a cross-reference to the standards that apply in districts in which the use is listed as special ("S"), limited ("L"), or conditional ("C"). 2. Special, Limited, or Conditional use standards may prohibit the use in certain EN zones. 3. May be allowed pursuant to PD approval process. 4. May be allowed in a single-family dwelling unit within a PD by special use permit. 5. Excluding hospitals.
Institutional Uses
Cemetery	-	-	-	-	-	-	-	-	-	-	-	-	-	A	A	A	A³
Day Care, Adult	§ 2-2-3-5	L	L	L	A	A	A	A	A	-	-	-	-	L	-	A	A³
Day Care, Child (6 or fewer attendees)	§ 2-2-3-5	S	S	S	S	S	S	S	S	-	-	-	-	S	-	-	A³/ S⁴
Day Care, Child (7 to 12 attendees)	§ 2-2-3-5	L	L	L	L	L	L	L	L	L	-	L	-	L	-	A	A³
Day Care, Child (13 or more attendees)	§ 2-2-3-5	L	L	L	L	L	L	L	L	L	-	L	-	L	-	A	A³
Funeral Home	§ 2-2-3-5	C	C	-	C	C	-	A	A	A	L	-	-	-	-	A	A³
Institutional Residential	§ 2-2-3-5	-	C	C	C	L	-	L	L	-	-	-	-	-	-	S	A³
Library	§ 2-2-3-5	-	S	-	S	A	S	A	A	-	-	-	-	-	-	A	A³
Place of Assembly	§ 2-2-3-5	L	L	L	L	S	L	A	A	L	C	L	C	-	-	A	A³
Police or Fire Station	-	A	A	A	A	A	C	A	A	A	A	A	A	A	A	A	A³
Post Office	-	-	-	-	-	-	A	A	A	A	A	A	A	-	-	A	A³
Education Uses
College / University / Vocational School	§ 2-2-3-6	-	-	-	-	-	L	-	L	-	-	A	-	-	-	A	A³
School, Boarding	§ 2-2-3-6	-	L	-	L	S	-	-	-	-	-	-	-	-	-	S	A³
School, Middle	§ 2-2-3-6	S	S	S	S	S	L	L	L	C	C	-	-	-	-	S	A³
School, High	§ 2-2-3-6	L	-	-	-	C	L	C	C	C	C	-	-	-	-	S	A³
School, Pre-School or Elementary	§ 2-2-3-6	S	S	S	S	S	L	-	-	-	-	-	-	-	-	S	A³
Protective Care, Safehouse, and Shelter Uses
Protective Care	§ 2-2-3-7	-	-	-	-	-	-	-	-	-	-	-	C	-	-	L	A³
Safehouse	-	A	A	A	A	A	-	A	A	-	-	-	-	-	-	-	A³
Shelter	§ 2-2-3-7	-	C	-	-	L	-	C	L	-	-	-	-	L	-	L	A³
Natural Medicine Uses
Natural Medicine Healing Center	§ 2-2-3-20	-	-	-	-	-	-	-	-	L	-	L	-	-	-	-	L
Natural Medicine Cultivation Facility / Natural Medicine Testing Facility	§ 2-2-3-20	-	-	-	-	-	-	-	-	-	-	L	L	-	-	-	L
Health Care Uses
Assisted Living / Congregate Care	§ 2-2-3-8	L	L	L	S	S	-	L	L	C	C	-	-	-	-	L	A³
Hospitals / Clinics / Medical Labs / Urgent Care	§ 2-2-3-8	-	-	-	L⁵	L⁵	A	A	A	A	A	A	-	-	-	-	A³
Nursing Home	§ 2-2-3-8	-	L	-	L	S	-	L	L	-	-	S	-	L	-	-	A³
Office, Medical	-	-	-	-	-	-	A	A	A	A	A	A	L	-	-	-	A³

Effective on: 6/15/2022

Sec. 2-1-3-5 Commercial Retail and Service, Marijuana, and Restaurant Use / Zone Matrix

Table 2-1-3-5, Commercial Retail and Service, Marijuana, and Restaurant Uses, is the use / zone matrix for commercial retail and service, marijuana, and restaurant uses.

Table 2-1-3-5 Commercial Retail and Service, Marijuana, and Restaurant Uses
Land Use	Standards Reference¹	Zoning Districts
		Residential					Mixed-Use			Nonresidential				Rural and Open Space		Public and Planned
		²
TABLE NOTES: 1. This column contains a cross-reference to the standards that apply in districts in which the use is listed as special ("S"), limited ("L"), or conditional ("C"). 2. Special, Limited, or Conditional use standards may prohibit the use in certain EN zones. 3. May be allowed pursuant to PD approval process.
Commercial Retail and Service Uses
Alcoholic Beverage Sales, On-Premise Consumption	§ 2-2-3-9	-	-	-	-	-	A	A	A	A	A	A	L	-	-	-	A³
Brewing / Distillery / Winery, Production with On-Premise Consumption	§ 2-2-3-9	-	-	-	-	-	L	L	L	L	L	-	L	-	-	-	A³
Commercial Retail	§ 2-2-3-9	-	-	-	-	-	A	A	A	A	A	S	-	-	-	-	A³
Commercial Retail, Drive-In or Drive-Through	§ 2-2-3-9	-	-	-	-	-	-	L	L	A	A	S	-	-	-	-	A³
Commercial Retail, Late Night / 24-Hour	§ 2-2-3-9	-	-	-	-	-	L	L	L	A	A	S	-	-	-	-	A³
Handicraft Shops with On-Premise Sales	§ 2-2-3-9	-	-	-	-	-	L	L	L	L	L		L				A³
Handcrafted Small Scale Food and Beverage Production with On-Premise Consumption	§ 2-2-3-9	-	-	-	-	-	L	L	L	L	L	-	L	-	-	-	A³
Kennel	§ 2-2-3-9	-	-	-	-	-	-	-	-	C	L	-	L	C	-	-	A³
Mixed-Use	§ 2-2-3-9	-	-	-	-	-	S	S	S	S	S	L	-	-	-	-	A³
Office, General	§ 2-2-3-9	-	-	-	-	-	A	A	A	A	A	A	L	-	-	A	A³
Outdoor Retail, Heavy	§ 2-2-3-9	-	-	-	-	-	-	-	-	L	A	-	S	-	-	-	A³
Outdoor Retail, Light	§ 2-2-3-9	-	-	-	-	-	L	L	L	L	A	L	-	-	-	-	A³
Services, Commercial	§ 2-2-3-9	-	-	-	-	-	A	A	A	A	A	A	L	-	-	-	A³
Services, Personal	§ 2-2-3-9	-	-	-	-	-	A	A	A	A	A	L	L	-	-	-	A³
Veterinarian, Small Animal (Dogs, Cats, Exotic Pets)	§ 2-2-3-9	-	-	-	-	-	S	A	A	A	A	S	L	C	-	-	A³
Marijuana Uses
Medical Marijuana Center	§ 2-2-3-10	-	-	-	-	-	L	L	L	L	L	L	L	-	-	-	A³
Retail Marijuana Store	§ 2-2-3-10	-	-	-	-	-	L	-	L	L	L	L	L	-	-	-	A³
Marijuana Testing Facility	§ 2-2-3-10	-	-	-	-	-	-	-	L	L	L	L	L	-	-	-	A³
Restaurant Uses
Restaurant; Drive-In or Drive-Through	§ 2-2-3-11	-	-	-	-	-	-	L	L	A	A	L	-	-	-	-	A³
Restaurant; Drive-In or Drive-Through, Late Night / 24-Hour	§ 2-2-3-11	-	-	-	-	-	-	L	L	A	A	L	-	-	-	-	A³
Restaurant, No Drive-In or Drive-Through	§ 2-2-3-11	-	-	-	-	-	A	A	A	A	A	S	L	-	-	-	A³
Food Truck Pod	§ 2-2-3-11	-	-	-	-	-	S	S	S	S	S	S	L	-	-	-	A³

Table 2-1-3-5 Commercial Retail and Service, Marijuana, and Restaurant Uses
Land Use	Standards Reference¹	Zoning Districts
		Residential					Mixed-Use			Nonresidential				Rural and Open Space		Public and Planned
		²
TABLE NOTES: 1. This column contains a cross-reference to the standards that apply in districts in which the use is listed as special ("S"), limited ("L"), or conditional ("C"). 2. Special, Limited, or Conditional use standards may prohibit the use in certain EN zones. 3. May be allowed pursuant to PD approval process.
Commercial Retail and Service Uses
Alcoholic Beverage Sales, On-Premise Consumption	§ 2-2-3-9	-	-	-	-	-	A	A	A	A	A	A	L	-	-	-	A³
Brewing / Distillery / Winery, Production with On-Premise Consumption	§ 2-2-3-9	-	-	-	-	-	L	L	L	L	L	-	L	-	-	-	A³
Commercial Retail	§ 2-2-3-9	-	-	-	-	-	A	A	A	A	A	S	-	-	-	-	A³
Commercial Retail, Drive-In or Drive-Through	§ 2-2-3-9	-	-	-	-	-	-	L	L	A	A	S	-	-	-	-	A³
Commercial Retail, Late Night / 24-Hour	§ 2-2-3-9	-	-	-	-	-	L	L	L	A	A	S	-	-	-	-	A³
Handicraft Shops with On-Premise Sales	§ 2-2-3-9	-	-	-	-	-	L	L	L	L	L		L				A³
Handcrafted Small Scale Food and Beverage Production with On-Premise Consumption	§ 2-2-3-9	-	-	-	-	-	L	L	L	L	L	-	L	-	-	-	A³
Kennel	§ 2-2-3-9	-	-	-	-	-	-	-	-	C	L	-	L	C	-	-	A³
Mixed-Use	§ 2-2-3-9	-	-	-	-	-	S	S	S	S	S	L	-	-	-	-	A³
Office, General	§ 2-2-3-9	-	-	-	-	-	A	A	A	A	A	A	L	-	-	A	A³
Outdoor Retail, Heavy	§ 2-2-3-9	-	-	-	-	-	-	-	-	L	A	-	S	-	-	-	A³
Outdoor Retail, Light	§ 2-2-3-9	-	-	-	-	-	L	L	L	L	A	L	-	-	-	-	A³
Services, Commercial	§ 2-2-3-9	-	-	-	-	-	A	A	A	A	A	A	L	-	-	-	A³
Services, Personal	§ 2-2-3-9	-	-	-	-	-	A	A	A	A	A	L	L	-	-	-	A³
Veterinarian, Small Animal (Dogs, Cats, Exotic Pets)	§ 2-2-3-9	-	-	-	-	-	S	A	A	A	A	S	L	C	-	-	A³
Marijuana Uses
Medical Marijuana Center	§ 2-2-3-10	-	-	-	-	-	L	L	L	L	L	L	L	-	-	-	A³
Retail Marijuana Store	§ 2-2-3-10	-	-	-	-	-	L	-	L	L	L	L	L	-	-	-	A³
Marijuana Testing Facility	§ 2-2-3-10	-	-	-	-	-	-	-	L	L	L	L	L	-	-	-	A³
Restaurant Uses
Restaurant; Drive-In or Drive-Through	§ 2-2-3-11	-	-	-	-	-	-	L	L	A	A	L	-	-	-	-	A³
Restaurant; Drive-In or Drive-Through, Late Night / 24-Hour	§ 2-2-3-11	-	-	-	-	-	-	L	L	A	A	L	-	-	-	-	A³
Restaurant, No Drive-In or Drive-Through	§ 2-2-3-11	-	-	-	-	-	A	A	A	A	A	S	L	-	-	-	A³
Food Truck Pod	§ 2-2-3-11	-	-	-	-	-	S	S	S	S	S	S	L	-	-	-	A³

Table 2-1-3-5 Commercial Retail and Service, Marijuana, and Restaurant Uses
Land Use	Standards Reference¹	Zoning Districts
		Residential					Mixed-Use			Nonresidential				Rural and Open Space		Public and Planned
		²
TABLE NOTES: 1. This column contains a cross-reference to the standards that apply in districts in which the use is listed as special ("S"), limited ("L"), or conditional ("C"). 2. Special, Limited, or Conditional use standards may prohibit the use in certain EN zones. 3. May be allowed pursuant to PD approval process.
Commercial Retail and Service Uses
Alcoholic Beverage Sales, On-Premise Consumption	§ 2-2-3-9	-	-	-	-	-	A	A	A	A	A	A	L	-	-	-	A³
Brewing / Distillery / Winery, Production with On-Premise Consumption	§ 2-2-3-9	-	-	-	-	-	L	L	L	L	L	-	L	-	-	-	A³
Commercial Retail	§ 2-2-3-9	-	-	-	-	-	A	A	A	A	A	S	-	-	-	-	A³
Commercial Retail, Drive-In or Drive-Through	§ 2-2-3-9	-	-	-	-	-	-	L	L	A	A	S	-	-	-	-	A³
Commercial Retail, Late Night / 24-Hour	§ 2-2-3-9	-	-	-	-	-	L	L	L	A	A	S	-	-	-	-	A³
Handicraft Shops with On-Premise Sales	§ 2-2-3-9	-	-	-	-	-	L	L	L	L	L		L				A³
Handcrafted Small Scale Food and Beverage Production with On-Premise Consumption	§ 2-2-3-9	-	-	-	-	-	L	L	L	L	L	-	L	-	-	-	A³
Kennel	§ 2-2-3-9	-	-	-	-	-	-	-	-	C	L	-	L	C	-	-	A³
Mixed-Use	§ 2-2-3-9	-	-	-	-	-	S	S	S	S	S	L	-	-	-	-	A³
Office, General	§ 2-2-3-9	-	-	-	-	-	A	A	A	A	A	A	L	-	-	A	A³
Outdoor Retail, Heavy	§ 2-2-3-9	-	-	-	-	-	-	-	-	L	A	-	S	-	-	-	A³
Outdoor Retail, Light	§ 2-2-3-9	-	-	-	-	-	L	L	L	L	A	L	-	-	-	-	A³
Services, Commercial	§ 2-2-3-9	-	-	-	-	-	A	A	A	A	A	A	L	-	-	-	A³
Services, Personal	§ 2-2-3-9	-	-	-	-	-	A	A	A	A	A	L	L	-	-	-	A³
Veterinarian, Small Animal (Dogs, Cats, Exotic Pets)	§ 2-2-3-9	-	-	-	-	-	S	A	A	A	A	S	L	C	-	-	A³
Marijuana Uses
Medical Marijuana Center	§ 2-2-3-10	-	-	-	-	-	L	L	L	L	L	L	L	-	-	-	A³
Retail Marijuana Store	§ 2-2-3-10	-	-	-	-	-	L	-	L	L	L	L	L	-	-	-	A³
Marijuana Testing Facility	§ 2-2-3-10	-	-	-	-	-	-	-	L	L	L	L	L	-	-	-	A³
Restaurant Uses
Restaurant; Drive-In or Drive-Through	§ 2-2-3-11	-	-	-	-	-	-	L	L	A	A	L	-	-	-	-	A³
Restaurant; Drive-In or Drive-Through, Late Night / 24-Hour	§ 2-2-3-11	-	-	-	-	-	-	L	L	A	A	L	-	-	-	-	A³
Restaurant, No Drive-In or Drive-Through	§ 2-2-3-11	-	-	-	-	-	A	A	A	A	A	S	L	-	-	-	A³
Food Truck Pod	§ 2-2-3-11	-	-	-	-	-	S	S	S	S	S	S	L	-	-	-	A³

Table 2-1-3-5 Commercial Retail and Service, Marijuana, and Restaurant Uses
Land Use	Standards Reference¹	Zoning Districts
		Residential					Mixed-Use			Nonresidential				Rural and Open Space		Public and Planned
		²
TABLE NOTES: 1. This column contains a cross-reference to the standards that apply in districts in which the use is listed as special ("S"), limited ("L"), or conditional ("C"). 2. Special, Limited, or Conditional use standards may prohibit the use in certain EN zones. 3. May be allowed pursuant to PD approval process.
Commercial Retail and Service Uses
Alcoholic Beverage Sales, On-Premise Consumption	§ 2-2-3-9	-	-	-	-	-	A	A	A	A	A	A	L	-	-	-	A³
Brewing / Distillery / Winery, Production with On-Premise Consumption	§ 2-2-3-9	-	-	-	-	-	L	L	L	L	L	-	L	-	-	-	A³
Commercial Retail	§ 2-2-3-9	-	-	-	-	-	A	A	A	A	A	S	-	-	-	-	A³
Commercial Retail, Drive-In or Drive-Through	§ 2-2-3-9	-	-	-	-	-	-	L	L	A	A	S	-	-	-	-	A³
Commercial Retail, Late Night / 24-Hour	§ 2-2-3-9	-	-	-	-	-	L	L	L	A	A	S	-	-	-	-	A³
Handicraft Shops with On-Premise Sales	§ 2-2-3-9	-	-	-	-	-	L	L	L	L	L		L				A³
Handcrafted Small Scale Food and Beverage Production with On-Premise Consumption	§ 2-2-3-9	-	-	-	-	-	L	L	L	L	L	-	L	-	-	-	A³
Kennel	§ 2-2-3-9	-	-	-	-	-	-	-	-	C	L	-	L	C	-	-	A³
Mixed-Use	§ 2-2-3-9	-	-	-	-	-	S	S	S	S	S	L	-	-	-	-	A³
Office, General	§ 2-2-3-9	-	-	-	-	-	A	A	A	A	A	A	L	-	-	A	A³
Outdoor Retail, Heavy	§ 2-2-3-9	-	-	-	-	-	-	-	-	L	A	-	S	-	-	-	A³
Outdoor Retail, Light	§ 2-2-3-9	-	-	-	-	-	L	L	L	L	A	L	-	-	-	-	A³
Services, Commercial	§ 2-2-3-9	-	-	-	-	-	A	A	A	A	A	A	L	-	-	-	A³
Services, Personal	§ 2-2-3-9	-	-	-	-	-	A	A	A	A	A	L	L	-	-	-	A³
Veterinarian, Small Animal (Dogs, Cats, Exotic Pets)	§ 2-2-3-9	-	-	-	-	-	S	A	A	A	A	S	L	C	-	-	A³
Marijuana Uses
Medical Marijuana Center	§ 2-2-3-10	-	-	-	-	-	L	L	L	L	L	L	L	-	-	-	A³
Retail Marijuana Store	§ 2-2-3-10	-	-	-	-	-	L	-	L	L	L	L	L	-	-	-	A³
Marijuana Testing Facility	§ 2-2-3-10	-	-	-	-	-	-	-	L	L	L	L	L	-	-	-	A³
Restaurant Uses
Restaurant; Drive-In or Drive-Through	§ 2-2-3-11	-	-	-	-	-	-	L	L	A	A	L	-	-	-	-	A³
Restaurant; Drive-In or Drive-Through, Late Night / 24-Hour	§ 2-2-3-11	-	-	-	-	-	-	L	L	A	A	L	-	-	-	-	A³
Restaurant, No Drive-In or Drive-Through	§ 2-2-3-11	-	-	-	-	-	A	A	A	A	A	S	L	-	-	-	A³
Food Truck Pod	§ 2-2-3-11	-	-	-	-	-	S	S	S	S	S	S	L	-	-	-	A³

Effective on: 4/14/2023

Sec. 2-1-3-6 Motor Vehicle and Heavy Equipment, and Recreation and Amusement Use / Zone Matrix

Table 2-1-3-6, Motor Vehicle and Heavy Equipment, and Recreation and Amusement Uses, is the use / zone matrix for motor vehicle and heavy equipment, and recreation and amusement uses.

Table 2-1-3-6 Motor Vehicle and Heavy Equipment, and Recreation and Amusement Uses
Land Use	Standards Reference¹	Zoning Districts
		Residential					Mixed-Use			Nonresidential				Rural and Open Space		Public and Planned
		²
TABLE NOTES: 1. This column contains a cross-reference to the standards that apply in districts in which the use is listed as special ("S"), limited ("L"), or conditional ("C"). 2. Special, Limited, or Conditional use standards may prohibit the use in certain EN zones. 3. May be allowed pursuant to PD approval process. 4. Indoor Recreation uses that are not locating in existing indoor recreation facilities are a C use. 5. Allowed as an accessory use
Motor Vehicle and Heavy Equipment Related Uses
Fueling Station	§ 2-2-3-12	-	-	-	-	-	-	-	-	A	A	S	A	-	-	-	A³
Motor Vehicle Repairs and Service, Heavy	§ 2-2-3-12	-	-	-	-	-	-	-	-	L	A	-	A	-	-	-	A³
Motor Vehicle Repairs and Service, Light	§ 2-2-3-12	-	-	-	-	-	-	-	-	S	A	-	A	-	-	-	A³
Motor Vehicle Sales or Rental, Commercial or Construction Vehicles or Heavy Equipment	§ 2-2-3-12	-	-	-	-	-	-	-	-	L	S	-	S	-	-	-	A³
Motor Vehicle Sales or Rental, Motorcycles, Scooters, Snowmobiles, and ATVs	§ 2-2-3-12	-	-	-	-	-	-	-	-	S	A	-	-	-	-	-	A³
Motor Vehicle Rental, Passenger Vehicles	§ 2-2-3-12	-	-	-	-	-	-	-	-	S	A	S	S	-	-	-	A³
Motor Vehicle Sales, Passenger Vehicles	§ 2-2-3-12	-	-	-	-	-	-	-	-	S	A	-	S	-	-	-	A³
Recreational Vehicle and Boat Sales and Rentals	§ 2-2-3-12	-	-	-	-	-	-	-	-	S	A	-	S	-	-	-	A³
Vehicle Wash	§ 2-2-3-12	-	-	-	-	-	-	-	-	S	A	L	S	-	-	-	A³
Direct Current Fast Charging (DCFC) Electric Vehicle (EV) Charging Station	§ 2-2-3-12	A⁵	A⁵	A⁵	A⁵	A⁵	A⁵	A⁵	A⁵	A	A	A	A	A⁵	-	A⁵	A³
Recreation and Amusement Uses
Amusement Park	§ 2-2-3-13	-	-	-	-	-	-	-	L	L	S	-	-	-	-	-	A³
Campground or RV Park	§ 2-2-3-13	-	-	-	-	-	-	-	-	-	-	-	-	C	C	C	A³
Driving Range	§ 2-2-3-13	-	-	-	-	-	-	-	-	L	A	L	-	L	-	A	A³
Fairgrounds	§ 2-2-3-13	-	-	-	-	-	-	-	L	-	-	-	-	C	-	L	A³
Health and Exercise Club / Instruction	§ 2-2-3-13	-	-	-	-	-	L	L	A	A	A	L	L	-	-	-	A³
Indoor Commercial Amusement	§ 2-2-3-13	-	-	-	-	-	A	L	L	A	A	-	-	-	-	-	A³
Indoor Recreation	§ 2-2-3-13	L⁴	L⁴	L	L	L	-	L	A	A	-	-	L	-	-	A	A³
Indoor Stadium, Arena, or Theater	§ 2-2-3-13	-	-	-	-	-	S	L	L	A	A	-	-	C	-	A	A³
Night Club	§ 2-2-3-13	-	-	-	-	-	A	-	L	L	A	-	-	-	-	-	A³
Outdoor Commercial Recreation	§ 2-2-3-13	-	-	-	-	-	-	-	L	L	L	L	-	L	-	L	A³
Outdoor Recreation	§ 2-2-3-13	L	L	L	L	L	S	S	S	A	A	A	A	A	L	A	A³
Outdoor Shooting / Archery Range / Paintball	§ 2-2-3-13	-	-	-	-	-	-	-	-	C	C	-	-	C	-	L	A³
Outdoor Stadium, Arena, Amphitheater, or Drive-In Theater	§ 2-2-3-13	-	-	-	-	-	-	-	-	C	C	L	-	C	-	L	A³
Race Track, Motor Vehicle	§ 2-2-3-13	-	-	-	-	-	-	-	-	-	C	-	C	-	-	C	A³
Railroad, Historic	§ 2-2-3-13	-	-	-	-	-	L	-	-	-	-	-	-	-	-	-	-
Sexually-Oriented Business	§ 2-2-3-13	-	-	-	-	-	-	-	-	-	-	-	S	-	-	-	-
Tours (Bus, Trolley, Van or Walking) and River Guide / Watercraft Rental	§ 2-2-3-13	-	-	-	-	-	S	-	S	S	S	-	-	-	-	S	A³
Zoo	NA	-	-	-	-	-	-	-	-	-	-	-	-	-	-	A	A³

Table 2-1-3-6 Motor Vehicle and Heavy Equipment, and Recreation and Amusement Uses
Land Use	Standards Reference¹	Zoning Districts
		Residential					Mixed-Use			Nonresidential				Rural and Open Space		Public and Planned
		²
TABLE NOTES: 1. This column contains a cross-reference to the standards that apply in districts in which the use is listed as special ("S"), limited ("L"), or conditional ("C"). 2. Special, Limited, or Conditional use standards may prohibit the use in certain EN zones. 3. May be allowed pursuant to PD approval process. 4. Indoor Recreation uses that are not locating in existing indoor recreation facilities are a C use. 5. Allowed as an accessory use
Motor Vehicle and Heavy Equipment Related Uses
Fueling Station	§ 2-2-3-12	-	-	-	-	-	-	-	-	A	A	S	A	-	-	-	A³
Motor Vehicle Repairs and Service, Heavy	§ 2-2-3-12	-	-	-	-	-	-	-	-	L	A	-	A	-	-	-	A³
Motor Vehicle Repairs and Service, Light	§ 2-2-3-12	-	-	-	-	-	-	-	-	S	A	-	A	-	-	-	A³
Motor Vehicle Sales or Rental, Commercial or Construction Vehicles or Heavy Equipment	§ 2-2-3-12	-	-	-	-	-	-	-	-	L	S	-	S	-	-	-	A³
Motor Vehicle Sales or Rental, Motorcycles, Scooters, Snowmobiles, and ATVs	§ 2-2-3-12	-	-	-	-	-	-	-	-	S	A	-	-	-	-	-	A³
Motor Vehicle Rental, Passenger Vehicles	§ 2-2-3-12	-	-	-	-	-	-	-	-	S	A	S	S	-	-	-	A³
Motor Vehicle Sales, Passenger Vehicles	§ 2-2-3-12	-	-	-	-	-	-	-	-	S	A	-	S	-	-	-	A³
Recreational Vehicle and Boat Sales and Rentals	§ 2-2-3-12	-	-	-	-	-	-	-	-	S	A	-	S	-	-	-	A³
Vehicle Wash	§ 2-2-3-12	-	-	-	-	-	-	-	-	S	A	L	S	-	-	-	A³
Direct Current Fast Charging (DCFC) Electric Vehicle (EV) Charging Station	§ 2-2-3-12	A⁵	A⁵	A⁵	A⁵	A⁵	A⁵	A⁵	A⁵	A	A	A	A	A⁵	-	A⁵	A³
Recreation and Amusement Uses
Amusement Park	§ 2-2-3-13	-	-	-	-	-	-	-	L	L	S	-	-	-	-	-	A³
Campground or RV Park	§ 2-2-3-13	-	-	-	-	-	-	-	-	-	-	-	-	C	C	C	A³
Driving Range	§ 2-2-3-13	-	-	-	-	-	-	-	-	L	A	L	-	L	-	A	A³
Fairgrounds	§ 2-2-3-13	-	-	-	-	-	-	-	L	-	-	-	-	C	-	L	A³
Health and Exercise Club / Instruction	§ 2-2-3-13	-	-	-	-	-	L	L	A	A	A	L	L	-	-	-	A³
Indoor Commercial Amusement	§ 2-2-3-13	-	-	-	-	-	A	L	L	A	A	-	-	-	-	-	A³
Indoor Recreation	§ 2-2-3-13	L⁴	L⁴	L	L	L	-	L	A	A	-	-	L	-	-	A	A³
Indoor Stadium, Arena, or Theater	§ 2-2-3-13	-	-	-	-	-	S	L	L	A	A	-	-	C	-	A	A³
Night Club	§ 2-2-3-13	-	-	-	-	-	A	-	L	L	A	-	-	-	-	-	A³
Outdoor Commercial Recreation	§ 2-2-3-13	-	-	-	-	-	-	-	L	L	L	L	-	L	-	L	A³
Outdoor Recreation	§ 2-2-3-13	L	L	L	L	L	S	S	S	A	A	A	A	A	L	A	A³
Outdoor Shooting / Archery Range / Paintball	§ 2-2-3-13	-	-	-	-	-	-	-	-	C	C	-	-	C	-	L	A³
Outdoor Stadium, Arena, Amphitheater, or Drive-In Theater	§ 2-2-3-13	-	-	-	-	-	-	-	-	C	C	L	-	C	-	L	A³
Race Track, Motor Vehicle	§ 2-2-3-13	-	-	-	-	-	-	-	-	-	C	-	C	-	-	C	A³
Railroad, Historic	§ 2-2-3-13	-	-	-	-	-	L	-	-	-	-	-	-	-	-	-	-
Sexually-Oriented Business	§ 2-2-3-13	-	-	-	-	-	-	-	-	-	-	-	S	-	-	-	-
Tours (Bus, Trolley, Van or Walking) and River Guide / Watercraft Rental	§ 2-2-3-13	-	-	-	-	-	S	-	S	S	S	-	-	-	-	S	A³
Zoo	NA	-	-	-	-	-	-	-	-	-	-	-	-	-	-	A	A³

Table 2-1-3-6 Motor Vehicle and Heavy Equipment, and Recreation and Amusement Uses
Land Use	Standards Reference¹	Zoning Districts
		Residential					Mixed-Use			Nonresidential				Rural and Open Space		Public and Planned
		²
TABLE NOTES: 1. This column contains a cross-reference to the standards that apply in districts in which the use is listed as special ("S"), limited ("L"), or conditional ("C"). 2. Special, Limited, or Conditional use standards may prohibit the use in certain EN zones. 3. May be allowed pursuant to PD approval process. 4. Indoor Recreation uses that are not locating in existing indoor recreation facilities are a C use. 5. Allowed as an accessory use
Motor Vehicle and Heavy Equipment Related Uses
Fueling Station	§ 2-2-3-12	-	-	-	-	-	-	-	-	A	A	S	A	-	-	-	A³
Motor Vehicle Repairs and Service, Heavy	§ 2-2-3-12	-	-	-	-	-	-	-	-	L	A	-	A	-	-	-	A³
Motor Vehicle Repairs and Service, Light	§ 2-2-3-12	-	-	-	-	-	-	-	-	S	A	-	A	-	-	-	A³
Motor Vehicle Sales or Rental, Commercial or Construction Vehicles or Heavy Equipment	§ 2-2-3-12	-	-	-	-	-	-	-	-	L	S	-	S	-	-	-	A³
Motor Vehicle Sales or Rental, Motorcycles, Scooters, Snowmobiles, and ATVs	§ 2-2-3-12	-	-	-	-	-	-	-	-	S	A	-	-	-	-	-	A³
Motor Vehicle Rental, Passenger Vehicles	§ 2-2-3-12	-	-	-	-	-	-	-	-	S	A	S	S	-	-	-	A³
Motor Vehicle Sales, Passenger Vehicles	§ 2-2-3-12	-	-	-	-	-	-	-	-	S	A	-	S	-	-	-	A³
Recreational Vehicle and Boat Sales and Rentals	§ 2-2-3-12	-	-	-	-	-	-	-	-	S	A	-	S	-	-	-	A³
Vehicle Wash	§ 2-2-3-12	-	-	-	-	-	-	-	-	S	A	L	S	-	-	-	A³
Direct Current Fast Charging (DCFC) Electric Vehicle (EV) Charging Station	§ 2-2-3-12	A⁵	A⁵	A⁵	A⁵	A⁵	A⁵	A⁵	A⁵	A	A	A	A	A⁵	-	A⁵	A³
Recreation and Amusement Uses
Amusement Park	§ 2-2-3-13	-	-	-	-	-	-	-	L	L	S	-	-	-	-	-	A³
Campground or RV Park	§ 2-2-3-13	-	-	-	-	-	-	-	-	-	-	-	-	C	C	C	A³
Driving Range	§ 2-2-3-13	-	-	-	-	-	-	-	-	L	A	L	-	L	-	A	A³
Fairgrounds	§ 2-2-3-13	-	-	-	-	-	-	-	L	-	-	-	-	C	-	L	A³
Health and Exercise Club / Instruction	§ 2-2-3-13	-	-	-	-	-	L	L	A	A	A	L	L	-	-	-	A³
Indoor Commercial Amusement	§ 2-2-3-13	-	-	-	-	-	A	L	L	A	A	-	-	-	-	-	A³
Indoor Recreation	§ 2-2-3-13	L⁴	L⁴	L	L	L	-	L	A	A	-	-	L	-	-	A	A³
Indoor Stadium, Arena, or Theater	§ 2-2-3-13	-	-	-	-	-	S	L	L	A	A	-	-	C	-	A	A³
Night Club	§ 2-2-3-13	-	-	-	-	-	A	-	L	L	A	-	-	-	-	-	A³
Outdoor Commercial Recreation	§ 2-2-3-13	-	-	-	-	-	-	-	L	L	L	L	-	L	-	L	A³
Outdoor Recreation	§ 2-2-3-13	L	L	L	L	L	S	S	S	A	A	A	A	A	L	A	A³
Outdoor Shooting / Archery Range / Paintball	§ 2-2-3-13	-	-	-	-	-	-	-	-	C	C	-	-	C	-	L	A³
Outdoor Stadium, Arena, Amphitheater, or Drive-In Theater	§ 2-2-3-13	-	-	-	-	-	-	-	-	C	C	L	-	C	-	L	A³
Race Track, Motor Vehicle	§ 2-2-3-13	-	-	-	-	-	-	-	-	-	C	-	C	-	-	C	A³
Railroad, Historic	§ 2-2-3-13	-	-	-	-	-	L	-	-	-	-	-	-	-	-	-	-
Sexually-Oriented Business	§ 2-2-3-13	-	-	-	-	-	-	-	-	-	-	-	S	-	-	-	-
Tours (Bus, Trolley, Van or Walking) and River Guide / Watercraft Rental	§ 2-2-3-13	-	-	-	-	-	S	-	S	S	S	-	-	-	-	S	A³
Zoo	NA	-	-	-	-	-	-	-	-	-	-	-	-	-	-	A	A³

Table 2-1-3-6 Motor Vehicle and Heavy Equipment, and Recreation and Amusement Uses
Land Use	Standards Reference¹	Zoning Districts
		Residential					Mixed-Use			Nonresidential				Rural and Open Space		Public and Planned
		²
TABLE NOTES: 1. This column contains a cross-reference to the standards that apply in districts in which the use is listed as special ("S"), limited ("L"), or conditional ("C"). 2. Special, Limited, or Conditional use standards may prohibit the use in certain EN zones. 3. May be allowed pursuant to PD approval process. 4. Indoor Recreation uses that are not locating in existing indoor recreation facilities are a C use. 5. Allowed as an accessory use
Motor Vehicle and Heavy Equipment Related Uses
Fueling Station	§ 2-2-3-12	-	-	-	-	-	-	-	-	A	A	S	A	-	-	-	A³
Motor Vehicle Repairs and Service, Heavy	§ 2-2-3-12	-	-	-	-	-	-	-	-	L	A	-	A	-	-	-	A³
Motor Vehicle Repairs and Service, Light	§ 2-2-3-12	-	-	-	-	-	-	-	-	S	A	-	A	-	-	-	A³
Motor Vehicle Sales or Rental, Commercial or Construction Vehicles or Heavy Equipment	§ 2-2-3-12	-	-	-	-	-	-	-	-	L	S	-	S	-	-	-	A³
Motor Vehicle Sales or Rental, Motorcycles, Scooters, Snowmobiles, and ATVs	§ 2-2-3-12	-	-	-	-	-	-	-	-	S	A	-	-	-	-	-	A³
Motor Vehicle Rental, Passenger Vehicles	§ 2-2-3-12	-	-	-	-	-	-	-	-	S	A	S	S	-	-	-	A³
Motor Vehicle Sales, Passenger Vehicles	§ 2-2-3-12	-	-	-	-	-	-	-	-	S	A	-	S	-	-	-	A³
Recreational Vehicle and Boat Sales and Rentals	§ 2-2-3-12	-	-	-	-	-	-	-	-	S	A	-	S	-	-	-	A³
Vehicle Wash	§ 2-2-3-12	-	-	-	-	-	-	-	-	S	A	L	S	-	-	-	A³
Direct Current Fast Charging (DCFC) Electric Vehicle (EV) Charging Station	§ 2-2-3-12	A⁵	A⁵	A⁵	A⁵	A⁵	A⁵	A⁵	A⁵	A	A	A	A	A⁵	-	A⁵	A³
Recreation and Amusement Uses
Amusement Park	§ 2-2-3-13	-	-	-	-	-	-	-	L	L	S	-	-	-	-	-	A³
Campground or RV Park	§ 2-2-3-13	-	-	-	-	-	-	-	-	-	-	-	-	C	C	C	A³
Driving Range	§ 2-2-3-13	-	-	-	-	-	-	-	-	L	A	L	-	L	-	A	A³
Fairgrounds	§ 2-2-3-13	-	-	-	-	-	-	-	L	-	-	-	-	C	-	L	A³
Health and Exercise Club / Instruction	§ 2-2-3-13	-	-	-	-	-	L	L	A	A	A	L	L	-	-	-	A³
Indoor Commercial Amusement	§ 2-2-3-13	-	-	-	-	-	A	L	L	A	A	-	-	-	-	-	A³
Indoor Recreation	§ 2-2-3-13	L⁴	L⁴	L	L	L	-	L	A	A	-	-	L	-	-	A	A³
Indoor Stadium, Arena, or Theater	§ 2-2-3-13	-	-	-	-	-	S	L	L	A	A	-	-	C	-	A	A³
Night Club	§ 2-2-3-13	-	-	-	-	-	A	-	L	L	A	-	-	-	-	-	A³
Outdoor Commercial Recreation	§ 2-2-3-13	-	-	-	-	-	-	-	L	L	L	L	-	L	-	L	A³
Outdoor Recreation	§ 2-2-3-13	L	L	L	L	L	S	S	S	A	A	A	A	A	L	A	A³
Outdoor Shooting / Archery Range / Paintball	§ 2-2-3-13	-	-	-	-	-	-	-	-	C	C	-	-	C	-	L	A³
Outdoor Stadium, Arena, Amphitheater, or Drive-In Theater	§ 2-2-3-13	-	-	-	-	-	-	-	-	C	C	L	-	C	-	L	A³
Race Track, Motor Vehicle	§ 2-2-3-13	-	-	-	-	-	-	-	-	-	C	-	C	-	-	C	A³
Railroad, Historic	§ 2-2-3-13	-	-	-	-	-	L	-	-	-	-	-	-	-	-	-	-
Sexually-Oriented Business	§ 2-2-3-13	-	-	-	-	-	-	-	-	-	-	-	S	-	-	-	-
Tours (Bus, Trolley, Van or Walking) and River Guide / Watercraft Rental	§ 2-2-3-13	-	-	-	-	-	S	-	S	S	S	-	-	-	-	S	A³
Zoo	NA	-	-	-	-	-	-	-	-	-	-	-	-	-	-	A	A³

Effective on: 10/22/2025

Sec. 2-1-3-7 Utility and Telecommunications Use / Zone Matrix

Table 2-1-3-7, Utility and Telecommunications Uses, is the use / zone matrix for utility and telecommunications uses.

Table 2-1-3-7 Utility and Telecommunications Uses
Land Use	Standards Reference¹	Zoning Districts
		Residential					Mixed-Use			Nonresidential				Rural and Open Space		Public and Planned
		²
TABLE NOTES: This column contains a cross-reference to the standards that apply in districts in which the use is listed as special ("S"), limited ("L"), or conditional ("C"). Special, Limited, or Conditional use standards may prohibit the use in certain EN zones. Special use review or limited use review may be applied to certain facilities. See Sec. 2-2-3-14. May be allowed pursuant to PD approval process.
Utility Uses, General
Potable Water Plant or Sanitary Sewer Plant	§ 2-2-3-14	-	-	-	-	-	-	-	-	-	-	-	L	-	-	L	A⁴
Small Power Production Facility	§ 2-2-3-14	-	-	-	-	-	-	-	-	C³	C³	C³	A	C³	-	L³	A⁴
Utility Uses, Major Electrical and Natural Gas Facilities
Electrical Substation	§ 2-2-3-14	L	L	L	L	L	-	-	-	L	L	S	S	C	-	L	A⁴
Electrical Transmission Lines	§ 2-2-3-14	C	C	C	C	C	C	C	C	C	C	C	L	C	C	L	A⁴
General Transmission Line (e.g. CO2 Line)	Division 4-4-10	S	S	S	S	S	S	S	S	S	S	S	S	S	S	S	A⁴
Natural Gas Compressor Station	Division 4-4-10	-	-	-	-	-	-	-	-	-	-	-	C	C	-	C	A⁴
Natural Gas Laterals	Division 4-4-10	S	S	S	S	S	S	S	S	S	S	S	S	S	S	S	A⁴
Natural Gas Mains	Division 4-4-10	C	C	C	C	C	C	C	C	C	C	C	L	L	L	L	A⁴
Telecommunication Uses
Broadcasting Center	§ 2-2-3-15	-	-	-	-	-	L	L	L	A	A	S	L	-	-	A	A⁴
Small Cell Tele-communications Facility	§ 2-2-3-15	S	S	S	S	S	S	S	S	S	S	S	S	S	S	S	S⁴
Telephone Exchange / Tele-communications Hotel / Server Farm	§ 2-2-3-15	-	-	-	-	-	L	-	-	A	-	A	A	-	-	-	A⁴
Wireless Tele-communications Facilities	§ 2-2-3-15	C	L	C	L	L	C	C	C	L	S	S	S	L	C	S	A⁴

Table 2-1-3-7 Utility and Telecommunications Uses
Land Use	Standards Reference¹	Zoning Districts
		Residential					Mixed-Use			Nonresidential				Rural and Open Space		Public and Planned
		²
TABLE NOTES: This column contains a cross-reference to the standards that apply in districts in which the use is listed as special ("S"), limited ("L"), or conditional ("C"). Special, Limited, or Conditional use standards may prohibit the use in certain EN zones. Special use review or limited use review may be applied to certain facilities. See Sec. 2-2-3-14. May be allowed pursuant to PD approval process.
Utility Uses, General
Potable Water Plant or Sanitary Sewer Plant	§ 2-2-3-14	-	-	-	-	-	-	-	-	-	-	-	L	-	-	L	A⁴
Small Power Production Facility	§ 2-2-3-14	-	-	-	-	-	-	-	-	C³	C³	C³	A	C³	-	L³	A⁴
Utility Uses, Major Electrical and Natural Gas Facilities
Electrical Substation	§ 2-2-3-14	L	L	L	L	L	-	-	-	L	L	S	S	C	-	L	A⁴
Electrical Transmission Lines	§ 2-2-3-14	C	C	C	C	C	C	C	C	C	C	C	L	C	C	L	A⁴
General Transmission Line (e.g. CO2 Line)	Division 4-4-10	S	S	S	S	S	S	S	S	S	S	S	S	S	S	S	A⁴
Natural Gas Compressor Station	Division 4-4-10	-	-	-	-	-	-	-	-	-	-	-	C	C	-	C	A⁴
Natural Gas Laterals	Division 4-4-10	S	S	S	S	S	S	S	S	S	S	S	S	S	S	S	A⁴
Natural Gas Mains	Division 4-4-10	C	C	C	C	C	C	C	C	C	C	C	L	L	L	L	A⁴
Telecommunication Uses
Broadcasting Center	§ 2-2-3-15	-	-	-	-	-	L	L	L	A	A	S	L	-	-	A	A⁴
Small Cell Tele-communications Facility	§ 2-2-3-15	S	S	S	S	S	S	S	S	S	S	S	S	S	S	S	S⁴
Telephone Exchange / Tele-communications Hotel / Server Farm	§ 2-2-3-15	-	-	-	-	-	L	-	-	A	-	A	A	-	-	-	A⁴
Wireless Tele-communications Facilities	§ 2-2-3-15	C	L	C	L	L	C	C	C	L	S	S	S	L	C	S	A⁴

Table 2-1-3-7 Utility and Telecommunications Uses
Land Use	Standards Reference¹	Zoning Districts
		Residential					Mixed-Use			Nonresidential				Rural and Open Space		Public and Planned
		²
TABLE NOTES: This column contains a cross-reference to the standards that apply in districts in which the use is listed as special ("S"), limited ("L"), or conditional ("C"). Special, Limited, or Conditional use standards may prohibit the use in certain EN zones. Special use review or limited use review may be applied to certain facilities. See Sec. 2-2-3-14. May be allowed pursuant to PD approval process.
Utility Uses, General
Potable Water Plant or Sanitary Sewer Plant	§ 2-2-3-14	-	-	-	-	-	-	-	-	-	-	-	L	-	-	L	A⁴
Small Power Production Facility	§ 2-2-3-14	-	-	-	-	-	-	-	-	C³	C³	C³	A	C³	-	L³	A⁴
Utility Uses, Major Electrical and Natural Gas Facilities
Electrical Substation	§ 2-2-3-14	L	L	L	L	L	-	-	-	L	L	S	S	C	-	L	A⁴
Electrical Transmission Lines	§ 2-2-3-14	C	C	C	C	C	C	C	C	C	C	C	L	C	C	L	A⁴
General Transmission Line (e.g. CO2 Line)	Division 4-4-10	S	S	S	S	S	S	S	S	S	S	S	S	S	S	S	A⁴
Natural Gas Compressor Station	Division 4-4-10	-	-	-	-	-	-	-	-	-	-	-	C	C	-	C	A⁴
Natural Gas Laterals	Division 4-4-10	S	S	S	S	S	S	S	S	S	S	S	S	S	S	S	A⁴
Natural Gas Mains	Division 4-4-10	C	C	C	C	C	C	C	C	C	C	C	L	L	L	L	A⁴
Telecommunication Uses
Broadcasting Center	§ 2-2-3-15	-	-	-	-	-	L	L	L	A	A	S	L	-	-	A	A⁴
Small Cell Tele-communications Facility	§ 2-2-3-15	S	S	S	S	S	S	S	S	S	S	S	S	S	S	S	S⁴
Telephone Exchange / Tele-communications Hotel / Server Farm	§ 2-2-3-15	-	-	-	-	-	L	-	-	A	-	A	A	-	-	-	A⁴
Wireless Tele-communications Facilities	§ 2-2-3-15	C	L	C	L	L	C	C	C	L	S	S	S	L	C	S	A⁴

Table 2-1-3-7 Utility and Telecommunications Uses
Land Use	Standards Reference¹	Zoning Districts
		Residential					Mixed-Use			Nonresidential				Rural and Open Space		Public and Planned
		²
TABLE NOTES: This column contains a cross-reference to the standards that apply in districts in which the use is listed as special ("S"), limited ("L"), or conditional ("C"). Special, Limited, or Conditional use standards may prohibit the use in certain EN zones. Special use review or limited use review may be applied to certain facilities. See Sec. 2-2-3-14. May be allowed pursuant to PD approval process.
Utility Uses, General
Potable Water Plant or Sanitary Sewer Plant	§ 2-2-3-14	-	-	-	-	-	-	-	-	-	-	-	L	-	-	L	A⁴
Small Power Production Facility	§ 2-2-3-14	-	-	-	-	-	-	-	-	C³	C³	C³	A	C³	-	L³	A⁴
Utility Uses, Major Electrical and Natural Gas Facilities
Electrical Substation	§ 2-2-3-14	L	L	L	L	L	-	-	-	L	L	S	S	C	-	L	A⁴
Electrical Transmission Lines	§ 2-2-3-14	C	C	C	C	C	C	C	C	C	C	C	L	C	C	L	A⁴
General Transmission Line (e.g. CO2 Line)	Division 4-4-10	S	S	S	S	S	S	S	S	S	S	S	S	S	S	S	A⁴
Natural Gas Compressor Station	Division 4-4-10	-	-	-	-	-	-	-	-	-	-	-	C	C	-	C	A⁴
Natural Gas Laterals	Division 4-4-10	S	S	S	S	S	S	S	S	S	S	S	S	S	S	S	A⁴
Natural Gas Mains	Division 4-4-10	C	C	C	C	C	C	C	C	C	C	C	L	L	L	L	A⁴
Telecommunication Uses
Broadcasting Center	§ 2-2-3-15	-	-	-	-	-	L	L	L	A	A	S	L	-	-	A	A⁴
Small Cell Tele-communications Facility	§ 2-2-3-15	S	S	S	S	S	S	S	S	S	S	S	S	S	S	S	S⁴
Telephone Exchange / Tele-communications Hotel / Server Farm	§ 2-2-3-15	-	-	-	-	-	L	-	-	A	-	A	A	-	-	-	A⁴
Wireless Tele-communications Facilities	§ 2-2-3-15	C	L	C	L	L	C	C	C	L	S	S	S	L	C	S	A⁴

Effective on: 4/30/2019

Sec. 2-1-3-8 Industrial, Wholesale, and Solid Waste Processing and Recycling Use / Zone Matrix

Table 2-1-3-8, Industrial, Wholesale, and Solid Waste Processing and Recycling Uses, is the use / zone matrix for industrial, wholesale, and solid waste and recycling uses.

Table 2-1-3-8 Industrial, Wholesale, and Solid Waste Processing and Recycling Uses
Land Use	Standards Reference¹	Zoning Districts
		Residential					Mixed-Use			Nonresidential				Rural and Open Space		Public and Planned

TABLE NOTES: This column contains a cross-reference to the standards that apply in districts in which the use is listed as special ("S"), limited ("L"), or conditional ("C"). May be allowed pursuant to PD approval process.
Industrial and Wholesale Uses
Brewery / Distillery / Winery	§ 2-2-3-16	-	-	-	-	-	-	-	-	-	-	S	A	-	-	-	A²
Extraction, Coal, Gravel, Minerals, or Sand	§ 2-2-3-16	-	-	-	-	-	-	-	-	-	-	-	C	C	C	-	A²
Extraction, Minor Oil and Gas Facility	Division 4-4-10	-	-	L	L	L	-	-	-	L	L	L	L	L	L	L	A²
Extraction, Major Oil and Gas Facility	Division 4-4-10	-	-	C	C	C	-	-	-	C	C	C	C	C	C	C	C
Heavy Industry	§ 2-2-3-16	-	-	-	-	-	-	-	-	-	-	C	L	-	-	-	A²
Light Industry	§ 2-2-3-16	-	-	-	-	-	-	-	-	-	L	A	A	-	-	-	A²
Wholesale	§ 2-2-3-16	-	-	-	-	-	-	-	-	C	L	A	A	-	-	-	A²
Solid Waste Processing and Recycling Uses
Composting Facility	§ 2-2-3-17	-	-	-	-	-	-	-	-	-	-	-	A	L	-	L	A²
Disposal	§ 2-2-3-17	-	-	-	-	-	-	-	-	-	-	-	C	-	-	L	A²
Recycling Collection and / or Processing, Attended	§ 2-2-3-17	-	-	-	-	-	-	-	-	-	-	C	A	-	-	A	A²
Recycling Collection, Unattended	§ 2-2-3-17	-	-	-	-	C	L	L	L	L	A	A	A	-	-	A	A²
Salvage Yard	§ 2-2-3-17	-	-	-	-	-	-	-	-	-	-	-	C	-	-	-	A²
Waste Transfer Station	§ 2-2-3-17	-	-	-	-	-	-	-	-	-	-	-	L	-	-	L	A²

Table 2-1-3-8 Industrial, Wholesale, and Solid Waste Processing and Recycling Uses
Land Use	Standards Reference¹	Zoning Districts
		Residential					Mixed-Use			Nonresidential				Rural and Open Space		Public and Planned

TABLE NOTES: This column contains a cross-reference to the standards that apply in districts in which the use is listed as special ("S"), limited ("L"), or conditional ("C"). May be allowed pursuant to PD approval process.
Industrial and Wholesale Uses
Brewery / Distillery / Winery	§ 2-2-3-16	-	-	-	-	-	-	-	-	-	-	S	A	-	-	-	A²
Extraction, Coal, Gravel, Minerals, or Sand	§ 2-2-3-16	-	-	-	-	-	-	-	-	-	-	-	C	C	C	-	A²
Extraction, Minor Oil and Gas Facility	Division 4-4-10	-	-	L	L	L	-	-	-	L	L	L	L	L	L	L	A²
Extraction, Major Oil and Gas Facility	Division 4-4-10	-	-	C	C	C	-	-	-	C	C	C	C	C	C	C	C
Heavy Industry	§ 2-2-3-16	-	-	-	-	-	-	-	-	-	-	C	L	-	-	-	A²
Light Industry	§ 2-2-3-16	-	-	-	-	-	-	-	-	-	L	A	A	-	-	-	A²
Wholesale	§ 2-2-3-16	-	-	-	-	-	-	-	-	C	L	A	A	-	-	-	A²
Solid Waste Processing and Recycling Uses
Composting Facility	§ 2-2-3-17	-	-	-	-	-	-	-	-	-	-	-	A	L	-	L	A²
Disposal	§ 2-2-3-17	-	-	-	-	-	-	-	-	-	-	-	C	-	-	L	A²
Recycling Collection and / or Processing, Attended	§ 2-2-3-17	-	-	-	-	-	-	-	-	-	-	C	A	-	-	A	A²
Recycling Collection, Unattended	§ 2-2-3-17	-	-	-	-	C	L	L	L	L	A	A	A	-	-	A	A²
Salvage Yard	§ 2-2-3-17	-	-	-	-	-	-	-	-	-	-	-	C	-	-	-	A²
Waste Transfer Station	§ 2-2-3-17	-	-	-	-	-	-	-	-	-	-	-	L	-	-	L	A²

Table 2-1-3-8 Industrial, Wholesale, and Solid Waste Processing and Recycling Uses
Land Use	Standards Reference¹	Zoning Districts
		Residential					Mixed-Use			Nonresidential				Rural and Open Space		Public and Planned

TABLE NOTES: This column contains a cross-reference to the standards that apply in districts in which the use is listed as special ("S"), limited ("L"), or conditional ("C"). May be allowed pursuant to PD approval process.
Industrial and Wholesale Uses
Brewery / Distillery / Winery	§ 2-2-3-16	-	-	-	-	-	-	-	-	-	-	S	A	-	-	-	A²
Extraction, Coal, Gravel, Minerals, or Sand	§ 2-2-3-16	-	-	-	-	-	-	-	-	-	-	-	C	C	C	-	A²
Extraction, Minor Oil and Gas Facility	Division 4-4-10	-	-	L	L	L	-	-	-	L	L	L	L	L	L	L	A²
Extraction, Major Oil and Gas Facility	Division 4-4-10	-	-	C	C	C	-	-	-	C	C	C	C	C	C	C	C
Heavy Industry	§ 2-2-3-16	-	-	-	-	-	-	-	-	-	-	C	L	-	-	-	A²
Light Industry	§ 2-2-3-16	-	-	-	-	-	-	-	-	-	L	A	A	-	-	-	A²
Wholesale	§ 2-2-3-16	-	-	-	-	-	-	-	-	C	L	A	A	-	-	-	A²
Solid Waste Processing and Recycling Uses
Composting Facility	§ 2-2-3-17	-	-	-	-	-	-	-	-	-	-	-	A	L	-	L	A²
Disposal	§ 2-2-3-17	-	-	-	-	-	-	-	-	-	-	-	C	-	-	L	A²
Recycling Collection and / or Processing, Attended	§ 2-2-3-17	-	-	-	-	-	-	-	-	-	-	C	A	-	-	A	A²
Recycling Collection, Unattended	§ 2-2-3-17	-	-	-	-	C	L	L	L	L	A	A	A	-	-	A	A²
Salvage Yard	§ 2-2-3-17	-	-	-	-	-	-	-	-	-	-	-	C	-	-	-	A²
Waste Transfer Station	§ 2-2-3-17	-	-	-	-	-	-	-	-	-	-	-	L	-	-	L	A²

Table 2-1-3-8 Industrial, Wholesale, and Solid Waste Processing and Recycling Uses
Land Use	Standards Reference¹	Zoning Districts
		Residential					Mixed-Use			Nonresidential				Rural and Open Space		Public and Planned

TABLE NOTES: This column contains a cross-reference to the standards that apply in districts in which the use is listed as special ("S"), limited ("L"), or conditional ("C"). May be allowed pursuant to PD approval process.
Industrial and Wholesale Uses
Brewery / Distillery / Winery	§ 2-2-3-16	-	-	-	-	-	-	-	-	-	-	S	A	-	-	-	A²
Extraction, Coal, Gravel, Minerals, or Sand	§ 2-2-3-16	-	-	-	-	-	-	-	-	-	-	-	C	C	C	-	A²
Extraction, Minor Oil and Gas Facility	Division 4-4-10	-	-	L	L	L	-	-	-	L	L	L	L	L	L	L	A²
Extraction, Major Oil and Gas Facility	Division 4-4-10	-	-	C	C	C	-	-	-	C	C	C	C	C	C	C	C
Heavy Industry	§ 2-2-3-16	-	-	-	-	-	-	-	-	-	-	C	L	-	-	-	A²
Light Industry	§ 2-2-3-16	-	-	-	-	-	-	-	-	-	L	A	A	-	-	-	A²
Wholesale	§ 2-2-3-16	-	-	-	-	-	-	-	-	C	L	A	A	-	-	-	A²
Solid Waste Processing and Recycling Uses
Composting Facility	§ 2-2-3-17	-	-	-	-	-	-	-	-	-	-	-	A	L	-	L	A²
Disposal	§ 2-2-3-17	-	-	-	-	-	-	-	-	-	-	-	C	-	-	L	A²
Recycling Collection and / or Processing, Attended	§ 2-2-3-17	-	-	-	-	-	-	-	-	-	-	C	A	-	-	A	A²
Recycling Collection, Unattended	§ 2-2-3-17	-	-	-	-	C	L	L	L	L	A	A	A	-	-	A	A²
Salvage Yard	§ 2-2-3-17	-	-	-	-	-	-	-	-	-	-	-	C	-	-	-	A²
Waste Transfer Station	§ 2-2-3-17	-	-	-	-	-	-	-	-	-	-	-	L	-	-	L	A²

Effective on: 7/1/2014

Sec. 2-1-3-9 Storage, Transportation, and Logistics Use / Zone Matrix

Table 2-1-3-9, Storage, Transportation and Logistics, is the use / zone matrix for storage, transportation, and logistics uses.

Table 2-1-3-9 Storage, Transportation and Logistics Uses
Land Use	Standards Reference¹	Zoning Districts
		Residential					Mixed-Use			Nonresidential				Rural and Open Space		Public and Planned

TABLE NOTES: This column contains a cross-reference to the standards that apply in districts in which the use is listed as special ("S"), limited ("L"), or conditional ("C"). May be allowed pursuant to PD approval process.
Airport	§ 2-2-3-18	-	-	-	-	-	-	-	-	-	-	-	C	C	-	C	A²
Airstrip	§ 2-2-3-18	-	-	-	-	-	-	-	-	-	-	-	C	L	-	L	A²
Heliport	§ 2-2-3-18	-	-	-	-	-	-	-	-	-	-	-	-	-	-	C	A²
Helistop	§ 2-2-3-18	-	-	-	-	-	-	-	-	-	-	S	S	-	-	S	A²
Taxi or Bus Station	§ 2-2-3-18	-	-	-	-	-	A	L	A	A	A	A	L	-	-	A	A²
Truck Stop	§ 2-2-3-18	-	-	-	-	-	-	-	-	L	L	L	L	-	-	-	A²
Package Delivery, Small	§ 2-2-3-18	-	-	-	-	-	L	L	L	L	L	A	A	-	-	-	A²
Parking Lot	§ 2-2-3-18	-	-	-	-	L	L	L	L	L	A	A	A	-	-	A	A²
Parking Structure	§ 2-2-3-18	-	-	-	-	C	L	C	C	A	A	A	A	-	-	A	A²
Rail Station	§ 2-2-3-18	-	-	-	-	-	L	-	-	-	-	-	-	-	-	-	A²
Self-Storage, Outside Access	§ 2-2-3-18	-	-	-	-	-	-	-	-	C	-	L	A	-	-	-	A²
Self-Storage, Interior Access	§ 2-2-3-18	-	-	-	-	-	S	S	S	A	A	A	A	-	-	-	A²
Storage Yard	§ 2-2-3-18	-	-	-	-	-	-	-	-	-	-	C	L	-	-	L	A²
Warehousing / Distribution	§ 2-2-3-18	-	-	-	-	-	-	-	-	L	L	A	A	-	-	-	A²

Table 2-1-3-9 Storage, Transportation and Logistics Uses
Land Use	Standards Reference¹	Zoning Districts
		Residential					Mixed-Use			Nonresidential				Rural and Open Space		Public and Planned

TABLE NOTES: This column contains a cross-reference to the standards that apply in districts in which the use is listed as special ("S"), limited ("L"), or conditional ("C"). May be allowed pursuant to PD approval process.
Airport	§ 2-2-3-18	-	-	-	-	-	-	-	-	-	-	-	C	C	-	C	A²
Airstrip	§ 2-2-3-18	-	-	-	-	-	-	-	-	-	-	-	C	L	-	L	A²
Heliport	§ 2-2-3-18	-	-	-	-	-	-	-	-	-	-	-	-	-	-	C	A²
Helistop	§ 2-2-3-18	-	-	-	-	-	-	-	-	-	-	S	S	-	-	S	A²
Taxi or Bus Station	§ 2-2-3-18	-	-	-	-	-	A	L	A	A	A	A	L	-	-	A	A²
Truck Stop	§ 2-2-3-18	-	-	-	-	-	-	-	-	L	L	L	L	-	-	-	A²
Package Delivery, Small	§ 2-2-3-18	-	-	-	-	-	L	L	L	L	L	A	A	-	-	-	A²
Parking Lot	§ 2-2-3-18	-	-	-	-	L	L	L	L	L	A	A	A	-	-	A	A²
Parking Structure	§ 2-2-3-18	-	-	-	-	C	L	C	C	A	A	A	A	-	-	A	A²
Rail Station	§ 2-2-3-18	-	-	-	-	-	L	-	-	-	-	-	-	-	-	-	A²
Self-Storage, Outside Access	§ 2-2-3-18	-	-	-	-	-	-	-	-	C	-	L	A	-	-	-	A²
Self-Storage, Interior Access	§ 2-2-3-18	-	-	-	-	-	S	S	S	A	A	A	A	-	-	-	A²
Storage Yard	§ 2-2-3-18	-	-	-	-	-	-	-	-	-	-	C	L	-	-	L	A²
Warehousing / Distribution	§ 2-2-3-18	-	-	-	-	-	-	-	-	L	L	A	A	-	-	-	A²

Table 2-1-3-9 Storage, Transportation and Logistics Uses
Land Use	Standards Reference¹	Zoning Districts
		Residential					Mixed-Use			Nonresidential				Rural and Open Space		Public and Planned

TABLE NOTES: This column contains a cross-reference to the standards that apply in districts in which the use is listed as special ("S"), limited ("L"), or conditional ("C"). May be allowed pursuant to PD approval process.
Airport	§ 2-2-3-18	-	-	-	-	-	-	-	-	-	-	-	C	C	-	C	A²
Airstrip	§ 2-2-3-18	-	-	-	-	-	-	-	-	-	-	-	C	L	-	L	A²
Heliport	§ 2-2-3-18	-	-	-	-	-	-	-	-	-	-	-	-	-	-	C	A²
Helistop	§ 2-2-3-18	-	-	-	-	-	-	-	-	-	-	S	S	-	-	S	A²
Taxi or Bus Station	§ 2-2-3-18	-	-	-	-	-	A	L	A	A	A	A	L	-	-	A	A²
Truck Stop	§ 2-2-3-18	-	-	-	-	-	-	-	-	L	L	L	L	-	-	-	A²
Package Delivery, Small	§ 2-2-3-18	-	-	-	-	-	L	L	L	L	L	A	A	-	-	-	A²
Parking Lot	§ 2-2-3-18	-	-	-	-	L	L	L	L	L	A	A	A	-	-	A	A²
Parking Structure	§ 2-2-3-18	-	-	-	-	C	L	C	C	A	A	A	A	-	-	A	A²
Rail Station	§ 2-2-3-18	-	-	-	-	-	L	-	-	-	-	-	-	-	-	-	A²
Self-Storage, Outside Access	§ 2-2-3-18	-	-	-	-	-	-	-	-	C	-	L	A	-	-	-	A²
Self-Storage, Interior Access	§ 2-2-3-18	-	-	-	-	-	S	S	S	A	A	A	A	-	-	-	A²
Storage Yard	§ 2-2-3-18	-	-	-	-	-	-	-	-	-	-	C	L	-	-	L	A²
Warehousing / Distribution	§ 2-2-3-18	-	-	-	-	-	-	-	-	L	L	A	A	-	-	-	A²

Table 2-1-3-9 Storage, Transportation and Logistics Uses
Land Use	Standards Reference¹	Zoning Districts
		Residential					Mixed-Use			Nonresidential				Rural and Open Space		Public and Planned

TABLE NOTES: This column contains a cross-reference to the standards that apply in districts in which the use is listed as special ("S"), limited ("L"), or conditional ("C"). May be allowed pursuant to PD approval process.
Airport	§ 2-2-3-18	-	-	-	-	-	-	-	-	-	-	-	C	C	-	C	A²
Airstrip	§ 2-2-3-18	-	-	-	-	-	-	-	-	-	-	-	C	L	-	L	A²
Heliport	§ 2-2-3-18	-	-	-	-	-	-	-	-	-	-	-	-	-	-	C	A²
Helistop	§ 2-2-3-18	-	-	-	-	-	-	-	-	-	-	S	S	-	-	S	A²
Taxi or Bus Station	§ 2-2-3-18	-	-	-	-	-	A	L	A	A	A	A	L	-	-	A	A²
Truck Stop	§ 2-2-3-18	-	-	-	-	-	-	-	-	L	L	L	L	-	-	-	A²
Package Delivery, Small	§ 2-2-3-18	-	-	-	-	-	L	L	L	L	L	A	A	-	-	-	A²
Parking Lot	§ 2-2-3-18	-	-	-	-	L	L	L	L	L	A	A	A	-	-	A	A²
Parking Structure	§ 2-2-3-18	-	-	-	-	C	L	C	C	A	A	A	A	-	-	A	A²
Rail Station	§ 2-2-3-18	-	-	-	-	-	L	-	-	-	-	-	-	-	-	-	A²
Self-Storage, Outside Access	§ 2-2-3-18	-	-	-	-	-	-	-	-	C	-	L	A	-	-	-	A²
Self-Storage, Interior Access	§ 2-2-3-18	-	-	-	-	-	S	S	S	A	A	A	A	-	-	-	A²
Storage Yard	§ 2-2-3-18	-	-	-	-	-	-	-	-	-	-	C	L	-	-	L	A²
Warehousing / Distribution	§ 2-2-3-18	-	-	-	-	-	-	-	-	L	L	A	A	-	-	-	A²

Effective on: 12/6/2017

Sec. 2-1-3-10 Agricultural Use / Zone Matrix

Table 2-1-3-10, Agriculture, is the use / zone matrix for agricultural uses.

Table 2-1-3-10 Agriculture Uses
Land Use	Standards Reference¹	Zoning Districts
		Residential					Mixed-Use			Nonresidential				Rural and Open Space		Public and Planned
		²
TABLE NOTES: This column contains a cross-reference to the standards that apply in districts in which the use is listed as special ("S"), limited ("L"), or conditional ("C"). Special, Limited, or Conditional use standards may prohibit the use in certain EN zones. May be allowed pursuant to PD approval process.
Apiaries	§ 2-2-3-19	-	-	-	-	-	-	-	-	-	-	-	-	A	L	-	A³
Community Garden	§ 2-2-3-19	L	S	L	S	S	S	S	S	S	S	S	S	A	-	A	A³
Dairy	-	-	-	-	-	-	-	-	-	-	-	A	A	A	-	-	A³
Farm / Ranch	-	-	-	-	-	-	-	-	-	-	-	-	-	A	-	-	A³
Feed and Seed Store	-	-	-	-	-	-	-	-	-	A	A	-	-	A	-	-	A³
Packing, Flowers, Fruits, Nuts, Grains, and Vegetables	§ 2-2-3-19	-	-	-	-	-	-	-	-	-	S	A	A	A	-	-	A³
Packing or Processing, Meat	§ 2-2-3-19	-	-	-	-	-	-	-	-	-	L	-	A	C	-	-	A³
Veterinarian, Large Animal / Livestock	§ 2-2-3-19	-	-	-	-	-	-	-	-	-	S	-	-	A	-	-	A³
Wholesale Greenhouse or Nursery	§ 2-2-3-19	-	-	-	-	-	-	-	-	-	-	-	L	L	-	-	A³

Table 2-1-3-10 Agriculture Uses
Land Use	Standards Reference¹	Zoning Districts
		Residential					Mixed-Use			Nonresidential				Rural and Open Space		Public and Planned
		²
TABLE NOTES: This column contains a cross-reference to the standards that apply in districts in which the use is listed as special ("S"), limited ("L"), or conditional ("C"). Special, Limited, or Conditional use standards may prohibit the use in certain EN zones. May be allowed pursuant to PD approval process.
Apiaries	§ 2-2-3-19	-	-	-	-	-	-	-	-	-	-	-	-	A	L	-	A³
Community Garden	§ 2-2-3-19	L	S	L	S	S	S	S	S	S	S	S	S	A	-	A	A³
Dairy	-	-	-	-	-	-	-	-	-	-	-	A	A	A	-	-	A³
Farm / Ranch	-	-	-	-	-	-	-	-	-	-	-	-	-	A	-	-	A³
Feed and Seed Store	-	-	-	-	-	-	-	-	-	A	A	-	-	A	-	-	A³
Packing, Flowers, Fruits, Nuts, Grains, and Vegetables	§ 2-2-3-19	-	-	-	-	-	-	-	-	-	S	A	A	A	-	-	A³
Packing or Processing, Meat	§ 2-2-3-19	-	-	-	-	-	-	-	-	-	L	-	A	C	-	-	A³
Veterinarian, Large Animal / Livestock	§ 2-2-3-19	-	-	-	-	-	-	-	-	-	S	-	-	A	-	-	A³
Wholesale Greenhouse or Nursery	§ 2-2-3-19	-	-	-	-	-	-	-	-	-	-	-	L	L	-	-	A³

Table 2-1-3-10 Agriculture Uses
Land Use	Standards Reference¹	Zoning Districts
		Residential					Mixed-Use			Nonresidential				Rural and Open Space		Public and Planned
		²
TABLE NOTES: This column contains a cross-reference to the standards that apply in districts in which the use is listed as special ("S"), limited ("L"), or conditional ("C"). Special, Limited, or Conditional use standards may prohibit the use in certain EN zones. May be allowed pursuant to PD approval process.
Apiaries	§ 2-2-3-19	-	-	-	-	-	-	-	-	-	-	-	-	A	L	-	A³
Community Garden	§ 2-2-3-19	L	S	L	S	S	S	S	S	S	S	S	S	A	-	A	A³
Dairy	-	-	-	-	-	-	-	-	-	-	-	A	A	A	-	-	A³
Farm / Ranch	-	-	-	-	-	-	-	-	-	-	-	-	-	A	-	-	A³
Feed and Seed Store	-	-	-	-	-	-	-	-	-	A	A	-	-	A	-	-	A³
Packing, Flowers, Fruits, Nuts, Grains, and Vegetables	§ 2-2-3-19	-	-	-	-	-	-	-	-	-	S	A	A	A	-	-	A³
Packing or Processing, Meat	§ 2-2-3-19	-	-	-	-	-	-	-	-	-	L	-	A	C	-	-	A³
Veterinarian, Large Animal / Livestock	§ 2-2-3-19	-	-	-	-	-	-	-	-	-	S	-	-	A	-	-	A³
Wholesale Greenhouse or Nursery	§ 2-2-3-19	-	-	-	-	-	-	-	-	-	-	-	L	L	-	-	A³

Table 2-1-3-10 Agriculture Uses
Land Use	Standards Reference¹	Zoning Districts
		Residential					Mixed-Use			Nonresidential				Rural and Open Space		Public and Planned
		²
TABLE NOTES: This column contains a cross-reference to the standards that apply in districts in which the use is listed as special ("S"), limited ("L"), or conditional ("C"). Special, Limited, or Conditional use standards may prohibit the use in certain EN zones. May be allowed pursuant to PD approval process.
Apiaries	§ 2-2-3-19	-	-	-	-	-	-	-	-	-	-	-	-	A	L	-	A³
Community Garden	§ 2-2-3-19	L	S	L	S	S	S	S	S	S	S	S	S	A	-	A	A³
Dairy	-	-	-	-	-	-	-	-	-	-	-	A	A	A	-	-	A³
Farm / Ranch	-	-	-	-	-	-	-	-	-	-	-	-	-	A	-	-	A³
Feed and Seed Store	-	-	-	-	-	-	-	-	-	A	A	-	-	A	-	-	A³
Packing, Flowers, Fruits, Nuts, Grains, and Vegetables	§ 2-2-3-19	-	-	-	-	-	-	-	-	-	S	A	A	A	-	-	A³
Packing or Processing, Meat	§ 2-2-3-19	-	-	-	-	-	-	-	-	-	L	-	A	C	-	-	A³
Veterinarian, Large Animal / Livestock	§ 2-2-3-19	-	-	-	-	-	-	-	-	-	S	-	-	A	-	-	A³
Wholesale Greenhouse or Nursery	§ 2-2-3-19	-	-	-	-	-	-	-	-	-	-	-	L	L	-	-	A³

Effective on: 7/1/2014

Sec. 2-1-3-11 Essential Services

Essential services are allowed in all zones.

Effective on: 7/1/2014

Sec. 2-1-3-12 Uses That Are Not Allowed in Any Zone

The following uses are not allowed in any zone in the City of Durango:

1. Disposal of radioactive wastes;
2. Intensive agriculture;
3. Slaughterhouse;
4. Incinerators;
5. Medical marijuana cultivation facility;
6. Marijuana cultivation facilities; and
7. Marijuana product manufacturing facilities

Effective on: 9/17/2014

Sec. 2-1-3-13 Uses That Are Not Listed

Generally.

If a proposed use is not listed in a use / zone matrix within this Division, then the Administrator shall decide whether the proposed use is functionally comparable to a use that is listed.
A proposed use is functionally comparable to a use that is allowed if it is reasonably comparable to the use, and with regard to each of the decision criteria enumerated in Subsection B., the proposed use has no greater impacts than the use with which it is functionally comparable.

Decision Criteria. The following decision criteria shall be evaluated when the Administrator decides whether a proposed use is a subcategory of, or is functionally comparable to, an allowed use:

Parking demand;
Average daily and peak hour trip generation (cars and trucks);
Impervious surface;
Noise;
Vibration;
Lighting;
Dust;
Odors;
Vibration;
Potentially hazardous conditions, such as projectiles leaving the site;
Use and storage of hazardous materials;
Character of buildings and structures;
Character of operation; and
Hours of operation.

Effect of Determination.

If the Administrator approves an application for a decision pursuant to this Section, then the use is allowed, subject to the same standards and procedures as the use to which it was compared for the purposes of the favorable decision.
If the Administrator determines that a proposed use is not a subcategory of, or is not functionally comparable to, a use that is allowed in the use / zone matrix in the district that applies to the parcel proposed for development, then the proposed use is a prohibited use in that district.

Effective on: 7/1/2014

Sec. 2-1-3-14 Change of Use

Generally. This regulation shall apply to a change of use of the principal use of a building or land to another use of a building or land. No vacant land shall be used or occupied and no building shall be occupied or used until a change of use (which includes, but is not limited to, a conditional use permit, a limited use permit, or special use permit), building permit or other appropriate permit has been issued. Changes of use which do not require a limited use permit, special use permit or conditional use permit in the Central Business District Zone or MidTown Urban Renewal Area are exempt from a Change of Use Permit in order to fulfil the purpose and intent of the zone per Article 2-1 of the LUDC.

Purpose. The intent of this regulation is to:

1.
Ensure that proposed changes of use comply with the provisions of the LUDC, the adopted Comprehensive Plan, and other related municipal code provisions, including the payment of applicable fees;
2.
Ensure that appropriate departments review the proposed change of use; and
3.
Ensure compliance with applicable standards of the building code and fire code as amended from time to time.

Submittal Requirements. The applicant shall comply with the submittal requirements as set forth in the application and with the approval and permit requirements set out in Table 6-3-2-2, Administrative Approvals and Permits.

Review Criteria. The proposed use shall meet the following criteria:

1.
It shall be authorized within the zoning district in which the change is proposed;
2.
It shall be consistent with the adopted City plans and policies;
3.
It shall comply with the adopted City codes, including the building and fire codes; and
4.
Applicable fees shall be paid for the permit application and proposed increases in demand for drainage, water, wastewater, or road system capacity per the current City fee schedules. (See Appendix A.)

Effective on: 10/22/2025

Sec. 2-2-1-1 Purpose of Article

The purpose of this Article is to promote compatibility among land uses in the City by establishing specific standards for the establishment of special, limited, and conditional uses which are indicated in the use / zone matrices of Division 2-1-3, Use / Zone Matrices.

Effective on: 7/1/2014

Sec. 2-2-1-2 Application of Article

This Article applies as follows:

1. Division 2-2-2, General Standards for Limited and Conditional Uses, sets out standards that apply to all uses which are shown in Division 2-1-3, Use / Zone Matrices, as a limited use ("L"), or a conditional use ("C").
2. Division 2-2-3, Specific Standards for Special, Limited, and Conditional Uses, sets out standards that apply to all uses that are shown in Division 2-1-3, Use / Zone Matrices, as a special use ("S"), a limited use ("L"), or a conditional use ("C"). For each use, these specific standards may be different depending upon the zone in which the use is proposed to be located.
3. Uses that are shown as "S" can be approved if they meet the standards of Division 2-2-3, Specific Standards for Special, Limited, and Conditional Uses, and the other applicable standards of this LUDC.
4. Uses shown as "L" or "C" can be approved only if they meet the standards of Division 2-2-2, General Standards for Limited and Conditional Uses, and the applicable special, limited, or conditional use standards of Division 2-2-3, Specific Standards for Special, Limited, and Conditional Uses, and the other applicable standards of this LUDC.

Effective on: 7/1/2014

Sec. 2-2-2-1 Standards for All Limited Uses

Generally. All uses that are listed in the tables of Division 2-1-3, Use / Zone Matrices, as limited uses ("L") shall meet the standards of this Section in addition to the standards of Division 2-2-3, Specific Standards for Special, Limited, and Conditional Uses, that apply to the proposed use.

Review Standards. An application for limited use approval may be approved if, in addition to the specific standards of Division 2-2-3, Specific Standards for Special, Limited, and Conditional Uses, that apply to the use, it is demonstrated that:

The proposed limited use in its proposed location will not conflict with the implementation of current adopted plans of the City, including, but not limited to, the Comprehensive Plan; and
The limited use is compatible with surrounding land uses and the natural environment, and will not materially detract from the character of the immediate area or negatively affect the anticipated development or redevelopment trajectory (for example, by creating a critical mass of similar conditional uses that is likely to discourage permitted uses by making the vicinity less desirable for them).

Effective on: 7/1/2014

Sec. 2-2-2-2 Standards for All Conditional Uses

Generally. All uses that are listed in the tables of Division 2-1-3, Use / Zone Matrices, as conditional uses ("C") shall meet the standards of this Section in addition to the standards of Division 2-2-3, Specific Standards for Special, Limited, and Conditional Uses, that apply to the proposed use.

Review Standards. An application for conditional use approval may be approved if, in addition to the specific standards of Division 2-2-3, Specific Standards for Special, Limited, and Conditional Uses, that apply to the use, it is demonstrated that:

The proposed conditional use in its proposed location will not conflict with the implementation of current adopted plans of the City, including, but not limited to, the Comprehensive Plan;
The conditional use is compatible with surrounding land uses and natural environment, and will not materially detract from the character of the immediate area or negatively affect the anticipated development or redevelopment trajectory (for example, by creating a critical mass of similar conditional uses that is likely to discourage permitted uses by making the vicinity less desirable for them); and
There is no practicable alternative location where the use is permitted as-of-right within 600 feet of the parcel proposed for development, or, if such a location exists, the proposed location is comparable or more favorable in terms of:
1. Providing a needed community service;
2. Providing a critical mass of jobs that are likely to pay more than the median wages for the region, or providing a critical mass of related and mutually supportive land uses that promote quality economic development and opportunity;
3. Providing a balance of land uses, ensuring that appropriate supporting activities, such as employment, housing, leisure-time, and retail centers, are in close proximity to one another; and
4. Making more efficient use of public infrastructure, such as off-peak street capacity.

Effective on: 7/1/2014

Sec. 2-2-3-1 Standards for Residential Neighborhoods

Generally. The standards of this Section apply to residential neighborhood types which are enumerated in Table 2-1-3-2, Neighborhood Types, under the subheading "Residential Neighborhoods," in those cases where the neighborhood type is shown as a special use ("S"), a limited use ("L"), or a conditional use ("C"). Note that other standards may also apply. See Sec. 2-2-1-2, Application of Article.
Townhome and Multiplex. Townhome and / or Multiplex neighborhoods are allowed as a special use in the RL or RM zones if it is demonstrated that:
1. The parcel proposed for development does not abut an RL or RM-zoned property, or the abutting RL or RM-zoned property is under common ownership with the parcel proposed for development; or
2. A 30 percent opacity bufferyard is installed between the townhomes and / or multiplex buildings and abutting property that is zoned RL or RM; or
3. The townhome or multiplex buildings, as applicable, are set back 50 feet from interior side and rear property lines of the parcel proposed for development.
Multifamily. Multifamily neighborhoods are allowed as a special use in the RL, RM and BP zones if it is demonstrated that:
1. RL or RM Zones.
  1. Abutting property that is not under common ownership with the parcel proposed for development is not zoned RL or RM; or
  2. The multifamily buildings are either:
    1. Set back 50 feet from the interior side and rear property lines of the parcel proposed for development; or
    2. Buffered from the abutting RL or RM-zoned property with a 30 percent opacity bufferyard.
2. BP Zone. In the BP zone, multifamily neighborhoods shall meet the same requirements that apply to individual multifamily buildings in the BP Zone. (See Sec. 2-2-3-3, Standards for Residential Land Uses, Subsection F.)
Manufactured Home Park. Manufactured home parks are allowed as a special use in the RL and RM zones, and may be allowed as a limited use in the RH zone if it is demonstrated that:
1. The site layout standards of Section 4-1-3-4, Site Layout for Manufactured Home Parks and Subdivisions, are met; or
2. The proposed manufactured home park is an expansion of an existing manufactured home park into abutting property, the design of the area proposed for the expansion complies with Section 4-1-3-4, Manufactured Home Parks and Subdivisions, and the density of the expanded area does not exceed the density that is allowed in the underlying zoning district.
Manufactured Home Subdivision. Manufactured home subdivisions are allowed as a special use in the RL and RM zones and may be allowed as a limited use in the RH zone if it is demonstrated that the site layout standards of Section 4-1-3-4, Manufactured Home Parks and Subdivisions, are met.
Mixed-Housing. Mixed-housing neighborhoods are allowed as a special use in the RM, MU-A, and MU-N zones if it is demonstrated that the site layout standards of Section 4-1-3-6, Mixed-Housing Neighborhoods, are met.
Mixed-Housing Cluster. Mixed-housing clusters are allowed as a special use in the RL and RM zones if it is demonstrated that the site layout standards of Section 4-1-3-5, Cluster Development, are met.

Effective on: 7/1/2014

Sec. 2-2-3-2 Standards for Mixed-Use Neighborhoods

Generally. The standards of this Section apply to mixed-use neighborhood types which are enumerated in Table 2-1-3-2, Neighborhood Types, under the subheading "Mixed-Use Neighborhoods," in instances where the neighborhood type is shown as a special use ("S"), a limited use ("L"), or a conditional use ("C") in a particular zone. Note that other standards may also apply. See Sec. 2-2-1-2, Application of Article.
Traditional Neighborhood Development. Traditional neighborhood development is allowed as a special use in the RM, RH, MU-N, MU-A, and BP zones if it is demonstrated that the site layout standards of Section 4-1-3-7, Traditional Neighborhood Development, are met.

Effective on: 7/1/2014

Sec. 2-2-3-3 Standards for Residential Land Uses

A.
Generally. The standards of this Section apply to residential uses which are enumerated in Table 2-1-3-3, Residential, Transient Residential, and Overnight Accommodations, under the subheading "Residential Land Uses," in instances where the use is shown as a special use ("S"), a limited use ("L"), or a conditional use ("C") in a particular zone. Note that other standards may also apply. See Section 2-2-1-2, Application of Article.
B.
Single-Family, Detached.
1. 1.
  In the MU-A and CB zones, single-family detached residential use is allowed as a special use on lots which were developed with single-family detached residential buildings on the effective date. Such lots may be used or redeveloped for single-family detached residential purposes, regardless of whether their use on the effective date was residential.
2. 2.
  In the MU‐N zone, single‐family detached residential use is allowed as a special use. On lots within the MU‐N zone along College Drive or 8th Avenue, setbacks, building height, plate height, building coverage, FAR and design standards shall be as applicable in the EN‐ 1 zone.
C.
Duplex Uses. Duplex uses are allowed as a special use in the EN, RL, CB, and MU-N zones if it is demonstrated that the applicable standards for location, context, lot area, and design that are set out in Table 2-2-3-3A, Duplex Standards, are met.

Table 2-2-3-3A Duplex Standards
Zone	Location or Context Standard	Lot Area Standard	Design Standard
TABLE NOTES: NA = Not Applicable 1. Lot area is the minimum lot required for development of a duplex building (or in the case of EN-1, EN-2 and MU-N zones, two separate buildings at the applicant's option). 2. For reference purposes, this is generally the area bounded by Carriage Place, Forest Avenue, and Valentine Drive, east of Glenisle Avenue.
Established Neighborhood Zones
EN-1; EN-2	NA	Minimum lot area: 7,500 sf.¹	All standards of the applicable EN zone apply. See Article 3-1, Established Neighborhood Zones. As an alternative to attaching the duplex dwelling units, duplexes may be constructed as two single-family detached buildings on a single lot. For interior lots, if the second unit is located behind the primary unit, the structure shall meet all of the standards for accessory structures. On through lots or corner lots, the second unit may meet all principal standards or all accessory standards, but not a combination of the two standards.
EN-3	Duplexes are not allowed in the EN-3 zone
EN-4	Duplexes are allowed only in the area included within the Rising Sun Resubdivision, recorded in the Public Records of La Plata County on July 27, 1983 at Reception No. 496579; and Lot E-1A of the Park Addition 1st Amendment and Amendment to Lot E-1 Rising Sun Re-Subdivision, recorded in the Public Records of La Plata County on October 20, 1993 at Reception No. 656158.²	Minimum lot area: 7,500 sf.¹	All standards of the EN-4 zone that apply to single-family detached buildings apply to duplex buildings. See Article 3-1, Established Neighborhood Zones.
EN-5	Existing lot that takes access from 32nd Street, Richard Drive, or Florida Road (except the land area north of O'Brien Drive which is described in the subdivision plats for Pleasant Vue 1st Addition, Pleasant Vue 2nd Addition, and Pleasant Vue 4th Addition)	Minimum lot area: 7,500 sf.¹; or a duplex lawfully existed on the lot on the effective date	All standards of the EN-5 zone that apply to single-family detached buildings apply to duplex buildings. See Article 3-1, Established Neighborhood Zones.
EN-6	Lots upon which a duplex lawfully existed on the effective date of the EN-6 designation	NA	All standards of the EN-6 zone that apply to single-family detached buildings apply to duplex buildings. See Article 3-1, Established Neighborhood Zones.
Other Zones
RL	Allowed only in mixed-housing neighborhoods (see Section 2-4-2-1, Residential and Mixed-Use Neighborhood Types and Minimum Parcel Areas)	See Division 3-2-2, Housing Palette	See Division 3-2-2, Housing Palette
CB	Lots upon which a duplex lawfully existed on the effective date	NA	NA
MU-N	NA	Minimum lot area: 7,500 sf.¹; or a duplex lawfully existed on the lot on the effective date	For attached duplexes, see Section 3-2-2-6, Duplexes. As an alternative to attaching the duplex dwelling units, duplexes may be constructed as two single-family detached buildings on a single lot. On all lots along College Drive or 8th Avenue, design standards shall be as applicable in the EN-1 zone. Elsewhere, design standards shall comply with the requirements of Table 3-2-3-2. If the second unit is located behind the primary unit, the structure shall meet the standards for accessory structures.

Table 2-2-3-3A Duplex Standards
Zone	Location or Context Standard	Lot Area Standard	Design Standard
TABLE NOTES: NA = Not Applicable 1. Lot area is the minimum lot required for development of a duplex building (or in the case of EN-1, EN-2 and MU-N zones, two separate buildings at the applicant's option). 2. For reference purposes, this is generally the area bounded by Carriage Place, Forest Avenue, and Valentine Drive, east of Glenisle Avenue.
Established Neighborhood Zones
EN-1; EN-2	NA	Minimum lot area: 7,500 sf.¹	All standards of the applicable EN zone apply. See Article 3-1, Established Neighborhood Zones. As an alternative to attaching the duplex dwelling units, duplexes may be constructed as two single-family detached buildings on a single lot. For interior lots, if the second unit is located behind the primary unit, the structure shall meet all of the standards for accessory structures. On through lots or corner lots, the second unit may meet all principal standards or all accessory standards, but not a combination of the two standards.
EN-3	Duplexes are not allowed in the EN-3 zone
EN-4	Duplexes are allowed only in the area included within the Rising Sun Resubdivision, recorded in the Public Records of La Plata County on July 27, 1983 at Reception No. 496579; and Lot E-1A of the Park Addition 1st Amendment and Amendment to Lot E-1 Rising Sun Re-Subdivision, recorded in the Public Records of La Plata County on October 20, 1993 at Reception No. 656158.²	Minimum lot area: 7,500 sf.¹	All standards of the EN-4 zone that apply to single-family detached buildings apply to duplex buildings. See Article 3-1, Established Neighborhood Zones.
EN-5	Existing lot that takes access from 32nd Street, Richard Drive, or Florida Road (except the land area north of O'Brien Drive which is described in the subdivision plats for Pleasant Vue 1st Addition, Pleasant Vue 2nd Addition, and Pleasant Vue 4th Addition)	Minimum lot area: 7,500 sf.¹; or a duplex lawfully existed on the lot on the effective date	All standards of the EN-5 zone that apply to single-family detached buildings apply to duplex buildings. See Article 3-1, Established Neighborhood Zones.
EN-6	Lots upon which a duplex lawfully existed on the effective date of the EN-6 designation	NA	All standards of the EN-6 zone that apply to single-family detached buildings apply to duplex buildings. See Article 3-1, Established Neighborhood Zones.
Other Zones
RL	Allowed only in mixed-housing neighborhoods (see Section 2-4-2-1, Residential and Mixed-Use Neighborhood Types and Minimum Parcel Areas)	See Division 3-2-2, Housing Palette	See Division 3-2-2, Housing Palette
CB	Lots upon which a duplex lawfully existed on the effective date	NA	NA
MU-N	NA	Minimum lot area: 7,500 sf.¹; or a duplex lawfully existed on the lot on the effective date	For attached duplexes, see Section 3-2-2-6, Duplexes. As an alternative to attaching the duplex dwelling units, duplexes may be constructed as two single-family detached buildings on a single lot. On all lots along College Drive or 8th Avenue, design standards shall be as applicable in the EN-1 zone. Elsewhere, design standards shall comply with the requirements of Table 3-2-3-2. If the second unit is located behind the primary unit, the structure shall meet the standards for accessory structures.

Table 2-2-3-3A Duplex Standards
Zone	Location or Context Standard	Lot Area Standard	Design Standard
TABLE NOTES: NA = Not Applicable 1. Lot area is the minimum lot required for development of a duplex building (or in the case of EN-1, EN-2 and MU-N zones, two separate buildings at the applicant's option). 2. For reference purposes, this is generally the area bounded by Carriage Place, Forest Avenue, and Valentine Drive, east of Glenisle Avenue.
Established Neighborhood Zones
EN-1; EN-2	NA	Minimum lot area: 7,500 sf.¹	All standards of the applicable EN zone apply. See Article 3-1, Established Neighborhood Zones. As an alternative to attaching the duplex dwelling units, duplexes may be constructed as two single-family detached buildings on a single lot. For interior lots, if the second unit is located behind the primary unit, the structure shall meet all of the standards for accessory structures. On through lots or corner lots, the second unit may meet all principal standards or all accessory standards, but not a combination of the two standards.
EN-3	Duplexes are not allowed in the EN-3 zone
EN-4	Duplexes are allowed only in the area included within the Rising Sun Resubdivision, recorded in the Public Records of La Plata County on July 27, 1983 at Reception No. 496579; and Lot E-1A of the Park Addition 1st Amendment and Amendment to Lot E-1 Rising Sun Re-Subdivision, recorded in the Public Records of La Plata County on October 20, 1993 at Reception No. 656158.²	Minimum lot area: 7,500 sf.¹	All standards of the EN-4 zone that apply to single-family detached buildings apply to duplex buildings. See Article 3-1, Established Neighborhood Zones.
EN-5	Existing lot that takes access from 32nd Street, Richard Drive, or Florida Road (except the land area north of O'Brien Drive which is described in the subdivision plats for Pleasant Vue 1st Addition, Pleasant Vue 2nd Addition, and Pleasant Vue 4th Addition)	Minimum lot area: 7,500 sf.¹; or a duplex lawfully existed on the lot on the effective date	All standards of the EN-5 zone that apply to single-family detached buildings apply to duplex buildings. See Article 3-1, Established Neighborhood Zones.
EN-6	Lots upon which a duplex lawfully existed on the effective date of the EN-6 designation	NA	All standards of the EN-6 zone that apply to single-family detached buildings apply to duplex buildings. See Article 3-1, Established Neighborhood Zones.
Other Zones
RL	Allowed only in mixed-housing neighborhoods (see Section 2-4-2-1, Residential and Mixed-Use Neighborhood Types and Minimum Parcel Areas)	See Division 3-2-2, Housing Palette	See Division 3-2-2, Housing Palette
CB	Lots upon which a duplex lawfully existed on the effective date	NA	NA
MU-N	NA	Minimum lot area: 7,500 sf.¹; or a duplex lawfully existed on the lot on the effective date	For attached duplexes, see Section 3-2-2-6, Duplexes. As an alternative to attaching the duplex dwelling units, duplexes may be constructed as two single-family detached buildings on a single lot. On all lots along College Drive or 8th Avenue, design standards shall be as applicable in the EN-1 zone. Elsewhere, design standards shall comply with the requirements of Table 3-2-3-2. If the second unit is located behind the primary unit, the structure shall meet the standards for accessory structures.

Table 2-2-3-3A Duplex Standards
Zone	Location or Context Standard	Lot Area Standard	Design Standard
TABLE NOTES: NA = Not Applicable 1. Lot area is the minimum lot required for development of a duplex building (or in the case of EN-1, EN-2 and MU-N zones, two separate buildings at the applicant's option). 2. For reference purposes, this is generally the area bounded by Carriage Place, Forest Avenue, and Valentine Drive, east of Glenisle Avenue.
Established Neighborhood Zones
EN-1; EN-2	NA	Minimum lot area: 7,500 sf.¹	All standards of the applicable EN zone apply. See Article 3-1, Established Neighborhood Zones. As an alternative to attaching the duplex dwelling units, duplexes may be constructed as two single-family detached buildings on a single lot. For interior lots, if the second unit is located behind the primary unit, the structure shall meet all of the standards for accessory structures. On through lots or corner lots, the second unit may meet all principal standards or all accessory standards, but not a combination of the two standards.
EN-3	Duplexes are not allowed in the EN-3 zone
EN-4	Duplexes are allowed only in the area included within the Rising Sun Resubdivision, recorded in the Public Records of La Plata County on July 27, 1983 at Reception No. 496579; and Lot E-1A of the Park Addition 1st Amendment and Amendment to Lot E-1 Rising Sun Re-Subdivision, recorded in the Public Records of La Plata County on October 20, 1993 at Reception No. 656158.²	Minimum lot area: 7,500 sf.¹	All standards of the EN-4 zone that apply to single-family detached buildings apply to duplex buildings. See Article 3-1, Established Neighborhood Zones.
EN-5	Existing lot that takes access from 32nd Street, Richard Drive, or Florida Road (except the land area north of O'Brien Drive which is described in the subdivision plats for Pleasant Vue 1st Addition, Pleasant Vue 2nd Addition, and Pleasant Vue 4th Addition)	Minimum lot area: 7,500 sf.¹; or a duplex lawfully existed on the lot on the effective date	All standards of the EN-5 zone that apply to single-family detached buildings apply to duplex buildings. See Article 3-1, Established Neighborhood Zones.
EN-6	Lots upon which a duplex lawfully existed on the effective date of the EN-6 designation	NA	All standards of the EN-6 zone that apply to single-family detached buildings apply to duplex buildings. See Article 3-1, Established Neighborhood Zones.
Other Zones
RL	Allowed only in mixed-housing neighborhoods (see Section 2-4-2-1, Residential and Mixed-Use Neighborhood Types and Minimum Parcel Areas)	See Division 3-2-2, Housing Palette	See Division 3-2-2, Housing Palette
CB	Lots upon which a duplex lawfully existed on the effective date	NA	NA
MU-N	NA	Minimum lot area: 7,500 sf.¹; or a duplex lawfully existed on the lot on the effective date	For attached duplexes, see Section 3-2-2-6, Duplexes. As an alternative to attaching the duplex dwelling units, duplexes may be constructed as two single-family detached buildings on a single lot. On all lots along College Drive or 8th Avenue, design standards shall be as applicable in the EN-1 zone. Elsewhere, design standards shall comply with the requirements of Table 3-2-3-2. If the second unit is located behind the primary unit, the structure shall meet the standards for accessory structures.

D.
Townhome Uses. Townhome uses are allowed as a special use in the RL and RM zones and may be allowed as a limited use in the MU-N zone if it is demonstrated that the applicable standards for location, context, lot area, and design that are set out in Table 2-2-3-3B, Townhome Standards, are met.

Table 2-2-3-3B Townhome Standards
Zone	Location or Context Standard	Lot Area Standard	Design Standards
RL	Allowed in mixed-housing neighborhoods (see Section 2-4-2-1, Residential and Mixed-Use Neighborhood Types and Minimum Parcel Areas)	See Division 3-2-2, Housing Palette	See Division 3-2-2, Housing Palette and Division 3-4-3, Multifamily Design Standards
RM	Allowed in clusters, mixed-housing neighborhoods, and TNDs (see Section 2-4-2-1, Residential and Mixed-Use Neighborhood Types and Minimum Parcel Areas)	See Division 3-2-2, Housing Palette	See Division 3-2-2, Housing Palette and Division 3-4-3, Multifamily Design Standards
MU-N	Allowed in all areas, subject to the other standards of this row	Minimum area of parcel proposed for development with townhomes: 15,000 sf. See Division 3-2-2, Housing Palette, for standards for individual townhome lots.	If the parcel proposed for development abuts College Drive or 8th Avenue, the townhomes shall be oriented towards College Drive or 8th Avenue, respectively. Vehicular access shall be provided via an alley-accessed rear parking court, which shall be screened from abutting lots with a five-foot tall privacy fence or masonry wall. The standards of Division 3-4-3, Multifamily Design Standards apply

Table 2-2-3-3B Townhome Standards
Zone	Location or Context Standard	Lot Area Standard	Design Standards
RL	Allowed in mixed-housing neighborhoods (see Section 2-4-2-1, Residential and Mixed-Use Neighborhood Types and Minimum Parcel Areas)	See Division 3-2-2, Housing Palette	See Division 3-2-2, Housing Palette and Division 3-4-3, Multifamily Design Standards
RM	Allowed in clusters, mixed-housing neighborhoods, and TNDs (see Section 2-4-2-1, Residential and Mixed-Use Neighborhood Types and Minimum Parcel Areas)	See Division 3-2-2, Housing Palette	See Division 3-2-2, Housing Palette and Division 3-4-3, Multifamily Design Standards
MU-N	Allowed in all areas, subject to the other standards of this row	Minimum area of parcel proposed for development with townhomes: 15,000 sf. See Division 3-2-2, Housing Palette, for standards for individual townhome lots.	If the parcel proposed for development abuts College Drive or 8th Avenue, the townhomes shall be oriented towards College Drive or 8th Avenue, respectively. Vehicular access shall be provided via an alley-accessed rear parking court, which shall be screened from abutting lots with a five-foot tall privacy fence or masonry wall. The standards of Division 3-4-3, Multifamily Design Standards apply

Table 2-2-3-3B Townhome Standards
Zone	Location or Context Standard	Lot Area Standard	Design Standards
RL	Allowed in mixed-housing neighborhoods (see Section 2-4-2-1, Residential and Mixed-Use Neighborhood Types and Minimum Parcel Areas)	See Division 3-2-2, Housing Palette	See Division 3-2-2, Housing Palette and Division 3-4-3, Multifamily Design Standards
RM	Allowed in clusters, mixed-housing neighborhoods, and TNDs (see Section 2-4-2-1, Residential and Mixed-Use Neighborhood Types and Minimum Parcel Areas)	See Division 3-2-2, Housing Palette	See Division 3-2-2, Housing Palette and Division 3-4-3, Multifamily Design Standards
MU-N	Allowed in all areas, subject to the other standards of this row	Minimum area of parcel proposed for development with townhomes: 15,000 sf. See Division 3-2-2, Housing Palette, for standards for individual townhome lots.	If the parcel proposed for development abuts College Drive or 8th Avenue, the townhomes shall be oriented towards College Drive or 8th Avenue, respectively. Vehicular access shall be provided via an alley-accessed rear parking court, which shall be screened from abutting lots with a five-foot tall privacy fence or masonry wall. The standards of Division 3-4-3, Multifamily Design Standards apply

Table 2-2-3-3B Townhome Standards
Zone	Location or Context Standard	Lot Area Standard	Design Standards
RL	Allowed in mixed-housing neighborhoods (see Section 2-4-2-1, Residential and Mixed-Use Neighborhood Types and Minimum Parcel Areas)	See Division 3-2-2, Housing Palette	See Division 3-2-2, Housing Palette and Division 3-4-3, Multifamily Design Standards
RM	Allowed in clusters, mixed-housing neighborhoods, and TNDs (see Section 2-4-2-1, Residential and Mixed-Use Neighborhood Types and Minimum Parcel Areas)	See Division 3-2-2, Housing Palette	See Division 3-2-2, Housing Palette and Division 3-4-3, Multifamily Design Standards
MU-N	Allowed in all areas, subject to the other standards of this row	Minimum area of parcel proposed for development with townhomes: 15,000 sf. See Division 3-2-2, Housing Palette, for standards for individual townhome lots.	If the parcel proposed for development abuts College Drive or 8th Avenue, the townhomes shall be oriented towards College Drive or 8th Avenue, respectively. Vehicular access shall be provided via an alley-accessed rear parking court, which shall be screened from abutting lots with a five-foot tall privacy fence or masonry wall. The standards of Division 3-4-3, Multifamily Design Standards apply

E.
Multiplex Uses. Multiplex uses are allowed as a special use in the EN-MF and RM zones, and may be allowed as a limited use in the MU-N zone, if it is demonstrated that the applicable standards for location, context, lot area, and design that are set out in Table 2-2-3-3C, Multiplex Standards, are met.

Table 2-2-3-3C Multiplex Standards
Zone	Location or Context Standard	Lot Area Standard	Design Standard
EN-MF	Meets minimum lot size standard or is developed with an existing multiplex	Minimum lot area: 7,500 sf.	All standards of the EN-MF zone apply. See Article 3-1, Established Neighborhood Zones
RM	Allowed in clusters, mixed-housing neighborhoods, and TNDs (see Section 2-4-2-1, Residential and Mixed-Use Neighborhood Types and Minimum Parcel Areas)	See Division 3-2-2, Housing Palette	See Division 3-2-2, Housing Palette
MU-N	Meets minimum lot size standard or is developed with an existing multiplex	At least 3,750 sf. of lot area per dwelling unit	Vehicular access shall be provided from an alley, if present. Surface parking lots are subject to the landscaping requirements of Section 4-6-4-4, Parking Lots.

Table 2-2-3-3C Multiplex Standards
Zone	Location or Context Standard	Lot Area Standard	Design Standard
EN-MF	Meets minimum lot size standard or is developed with an existing multiplex	Minimum lot area: 7,500 sf.	All standards of the EN-MF zone apply. See Article 3-1, Established Neighborhood Zones
RM	Allowed in clusters, mixed-housing neighborhoods, and TNDs (see Section 2-4-2-1, Residential and Mixed-Use Neighborhood Types and Minimum Parcel Areas)	See Division 3-2-2, Housing Palette	See Division 3-2-2, Housing Palette
MU-N	Meets minimum lot size standard or is developed with an existing multiplex	At least 3,750 sf. of lot area per dwelling unit	Vehicular access shall be provided from an alley, if present. Surface parking lots are subject to the landscaping requirements of Section 4-6-4-4, Parking Lots.

Table 2-2-3-3C Multiplex Standards
Zone	Location or Context Standard	Lot Area Standard	Design Standard
EN-MF	Meets minimum lot size standard or is developed with an existing multiplex	Minimum lot area: 7,500 sf.	All standards of the EN-MF zone apply. See Article 3-1, Established Neighborhood Zones
RM	Allowed in clusters, mixed-housing neighborhoods, and TNDs (see Section 2-4-2-1, Residential and Mixed-Use Neighborhood Types and Minimum Parcel Areas)	See Division 3-2-2, Housing Palette	See Division 3-2-2, Housing Palette
MU-N	Meets minimum lot size standard or is developed with an existing multiplex	At least 3,750 sf. of lot area per dwelling unit	Vehicular access shall be provided from an alley, if present. Surface parking lots are subject to the landscaping requirements of Section 4-6-4-4, Parking Lots.

Table 2-2-3-3C Multiplex Standards
Zone	Location or Context Standard	Lot Area Standard	Design Standard
EN-MF	Meets minimum lot size standard or is developed with an existing multiplex	Minimum lot area: 7,500 sf.	All standards of the EN-MF zone apply. See Article 3-1, Established Neighborhood Zones
RM	Allowed in clusters, mixed-housing neighborhoods, and TNDs (see Section 2-4-2-1, Residential and Mixed-Use Neighborhood Types and Minimum Parcel Areas)	See Division 3-2-2, Housing Palette	See Division 3-2-2, Housing Palette
MU-N	Meets minimum lot size standard or is developed with an existing multiplex	At least 3,750 sf. of lot area per dwelling unit	Vehicular access shall be provided from an alley, if present. Surface parking lots are subject to the landscaping requirements of Section 4-6-4-4, Parking Lots.

F.
Multi-Unit Building Uses. Multi-Unit building uses are allowed as a special use in the RL and RM zones, and may be allowed as a limited use in the MU-N zone, if it is demonstrated that the applicable standards for location, context, lot area, and design that are set out in Table 2-2-3-3D, Multi-Unit Building Standards, are met.

Table 2-2-3-3D Multi-Unit Building Standards
Zone	Location or Context Standard	Lot Area Standard	Design Standard
RL	Allowed in mixed-housing neighborhoods (see Section 2-4-2-1, Residential and Mixed-Use Neighborhood Types and Minimum Parcel Areas)	See Division 3-2-2, Housing Palette	See Division 3-2-2, Housing Palette and Division 3-4-3, Multifamily Design Standards
RM	Allowed in multifamily development, mixed-housing neighborhoods, and TNDs (see Section 2-4-2-1, Residential and Mixed-Use Neighborhood Types and Minimum Parcel Areas)	See Division 3-2-2, Housing Palette	See Division 3-2-2, Housing Palette and Division 3-4-3, Multifamily Design Standards
MU-N	Allowed in all areas, subject to the other standards of this row	Minimum area of parcel proposed for development with multifamily: 11,250 sf.	If the parcel proposed for development is within the MU-N zone along College Drive or 8th Avenue, EN-MF standards apply for setbacks, building coverage, FAR and design standards. Vehicular access shall be provided via an alley-accessed rear parking court. Surface parking lots are also subject to the landscaping requirements of Section 4-6-4-4, Parking Lots, except that at zone boundaries, parking areas shall be screened from abutting lots with a five-foot tall privacy fence or masonry wall. In all other areas, multifamily development shall meet the standards of Section 3-2-2-8, Multiplex and Multifamily, and the design standards in Division 3-4-3, Multifamily Design Standards.
BP	All units must be located within 1/4 mile of at least 50,000 sf. of existing or approved nonresidential floor area within the BP zone; or units must be designed to support an educational or institutional use (e.g., a hospital or university). Not more than 10 percent of the contiguous area of a BP zone may be developed with multifamily uses.	Minimum lot area: 2 acres	See Division 3-2-2, Housing Palette and Division 3-4-3, Multifamily Design Standards

Table 2-2-3-3D Multi-Unit Building Standards
Zone	Location or Context Standard	Lot Area Standard	Design Standard
RL	Allowed in mixed-housing neighborhoods (see Section 2-4-2-1, Residential and Mixed-Use Neighborhood Types and Minimum Parcel Areas)	See Division 3-2-2, Housing Palette	See Division 3-2-2, Housing Palette and Division 3-4-3, Multifamily Design Standards
RM	Allowed in multifamily development, mixed-housing neighborhoods, and TNDs (see Section 2-4-2-1, Residential and Mixed-Use Neighborhood Types and Minimum Parcel Areas)	See Division 3-2-2, Housing Palette	See Division 3-2-2, Housing Palette and Division 3-4-3, Multifamily Design Standards
MU-N	Allowed in all areas, subject to the other standards of this row	Minimum area of parcel proposed for development with multifamily: 11,250 sf.	If the parcel proposed for development is within the MU-N zone along College Drive or 8th Avenue, EN-MF standards apply for setbacks, building coverage, FAR and design standards. Vehicular access shall be provided via an alley-accessed rear parking court. Surface parking lots are also subject to the landscaping requirements of Section 4-6-4-4, Parking Lots, except that at zone boundaries, parking areas shall be screened from abutting lots with a five-foot tall privacy fence or masonry wall. In all other areas, multifamily development shall meet the standards of Section 3-2-2-8, Multiplex and Multifamily, and the design standards in Division 3-4-3, Multifamily Design Standards.
BP	All units must be located within 1/4 mile of at least 50,000 sf. of existing or approved nonresidential floor area within the BP zone; or units must be designed to support an educational or institutional use (e.g., a hospital or university). Not more than 10 percent of the contiguous area of a BP zone may be developed with multifamily uses.	Minimum lot area: 2 acres	See Division 3-2-2, Housing Palette and Division 3-4-3, Multifamily Design Standards

Table 2-2-3-3D Multi-Unit Building Standards
Zone	Location or Context Standard	Lot Area Standard	Design Standard
RL	Allowed in mixed-housing neighborhoods (see Section 2-4-2-1, Residential and Mixed-Use Neighborhood Types and Minimum Parcel Areas)	See Division 3-2-2, Housing Palette	See Division 3-2-2, Housing Palette and Division 3-4-3, Multifamily Design Standards
RM	Allowed in multifamily development, mixed-housing neighborhoods, and TNDs (see Section 2-4-2-1, Residential and Mixed-Use Neighborhood Types and Minimum Parcel Areas)	See Division 3-2-2, Housing Palette	See Division 3-2-2, Housing Palette and Division 3-4-3, Multifamily Design Standards
MU-N	Allowed in all areas, subject to the other standards of this row	Minimum area of parcel proposed for development with multifamily: 11,250 sf.	If the parcel proposed for development is within the MU-N zone along College Drive or 8th Avenue, EN-MF standards apply for setbacks, building coverage, FAR and design standards. Vehicular access shall be provided via an alley-accessed rear parking court. Surface parking lots are also subject to the landscaping requirements of Section 4-6-4-4, Parking Lots, except that at zone boundaries, parking areas shall be screened from abutting lots with a five-foot tall privacy fence or masonry wall. In all other areas, multifamily development shall meet the standards of Section 3-2-2-8, Multiplex and Multifamily, and the design standards in Division 3-4-3, Multifamily Design Standards.
BP	All units must be located within 1/4 mile of at least 50,000 sf. of existing or approved nonresidential floor area within the BP zone; or units must be designed to support an educational or institutional use (e.g., a hospital or university). Not more than 10 percent of the contiguous area of a BP zone may be developed with multifamily uses.	Minimum lot area: 2 acres	See Division 3-2-2, Housing Palette and Division 3-4-3, Multifamily Design Standards

Table 2-2-3-3D Multi-Unit Building Standards
Zone	Location or Context Standard	Lot Area Standard	Design Standard
RL	Allowed in mixed-housing neighborhoods (see Section 2-4-2-1, Residential and Mixed-Use Neighborhood Types and Minimum Parcel Areas)	See Division 3-2-2, Housing Palette	See Division 3-2-2, Housing Palette and Division 3-4-3, Multifamily Design Standards
RM	Allowed in multifamily development, mixed-housing neighborhoods, and TNDs (see Section 2-4-2-1, Residential and Mixed-Use Neighborhood Types and Minimum Parcel Areas)	See Division 3-2-2, Housing Palette	See Division 3-2-2, Housing Palette and Division 3-4-3, Multifamily Design Standards
MU-N	Allowed in all areas, subject to the other standards of this row	Minimum area of parcel proposed for development with multifamily: 11,250 sf.	If the parcel proposed for development is within the MU-N zone along College Drive or 8th Avenue, EN-MF standards apply for setbacks, building coverage, FAR and design standards. Vehicular access shall be provided via an alley-accessed rear parking court. Surface parking lots are also subject to the landscaping requirements of Section 4-6-4-4, Parking Lots, except that at zone boundaries, parking areas shall be screened from abutting lots with a five-foot tall privacy fence or masonry wall. In all other areas, multifamily development shall meet the standards of Section 3-2-2-8, Multiplex and Multifamily, and the design standards in Division 3-4-3, Multifamily Design Standards.
BP	All units must be located within 1/4 mile of at least 50,000 sf. of existing or approved nonresidential floor area within the BP zone; or units must be designed to support an educational or institutional use (e.g., a hospital or university). Not more than 10 percent of the contiguous area of a BP zone may be developed with multifamily uses.	Minimum lot area: 2 acres	See Division 3-2-2, Housing Palette and Division 3-4-3, Multifamily Design Standards

G.
Multi-Unit Property. Multi-unit property uses are allowed as a special use in the EN-MF and RM zones and as a limited use in the MU-N zone, if it is demonstrated that the applicable standards described below are met.

Table 2-2-3-3 Multi-Unit Property Standards
Zone	Location or Context Standard	Lot Area Standard	Design Standard
EN-MF	Meets minimum lot size standard or is developed as a multi-unit property.	Minimum lot area: 5,625 sf.	All standards of the EN-MF zone apply. See Article 3-1, Established Neighborhood Zones. Accessory structures containing residential units must be subordinate in height and mass to the principal structure and be set back a minimum of 5 feet from side property lines.
RM	Allowed in clusters, mixed-housing neighborhoods, and TNDs (see Section 2-4-2-1, Residential and Mixed-Use Neighborhood Types and Minimum Parcel Areas)	At least 3,750 sf. of lot area per dwelling unit.	Depending on configuration, multiplex or duplex design standards apply. Accessory structures containing residential units must be subordinate in height and mass to the principal structure and be set back a minimum of 5 feet from side property lines. See Division 3-2-2, Housing Palette
MU-N	Meets minimum lot size standard or is developed with an existing multiplex	At least 3,750 sf. of lot area per dwelling unit	Vehicular access shall be provided from an alley, if present. Surface parking lots are subject to the landscaping requirements of Section 4-6-4-4, Parking Lots.

Table 2-2-3-3 Multi-Unit Property Standards
Zone	Location or Context Standard	Lot Area Standard	Design Standard
EN-MF	Meets minimum lot size standard or is developed as a multi-unit property.	Minimum lot area: 5,625 sf.	All standards of the EN-MF zone apply. See Article 3-1, Established Neighborhood Zones. Accessory structures containing residential units must be subordinate in height and mass to the principal structure and be set back a minimum of 5 feet from side property lines.
RM	Allowed in clusters, mixed-housing neighborhoods, and TNDs (see Section 2-4-2-1, Residential and Mixed-Use Neighborhood Types and Minimum Parcel Areas)	At least 3,750 sf. of lot area per dwelling unit.	Depending on configuration, multiplex or duplex design standards apply. Accessory structures containing residential units must be subordinate in height and mass to the principal structure and be set back a minimum of 5 feet from side property lines. See Division 3-2-2, Housing Palette
MU-N	Meets minimum lot size standard or is developed with an existing multiplex	At least 3,750 sf. of lot area per dwelling unit	Vehicular access shall be provided from an alley, if present. Surface parking lots are subject to the landscaping requirements of Section 4-6-4-4, Parking Lots.

Table 2-2-3-3 Multi-Unit Property Standards
Zone	Location or Context Standard	Lot Area Standard	Design Standard
EN-MF	Meets minimum lot size standard or is developed as a multi-unit property.	Minimum lot area: 5,625 sf.	All standards of the EN-MF zone apply. See Article 3-1, Established Neighborhood Zones. Accessory structures containing residential units must be subordinate in height and mass to the principal structure and be set back a minimum of 5 feet from side property lines.
RM	Allowed in clusters, mixed-housing neighborhoods, and TNDs (see Section 2-4-2-1, Residential and Mixed-Use Neighborhood Types and Minimum Parcel Areas)	At least 3,750 sf. of lot area per dwelling unit.	Depending on configuration, multiplex or duplex design standards apply. Accessory structures containing residential units must be subordinate in height and mass to the principal structure and be set back a minimum of 5 feet from side property lines. See Division 3-2-2, Housing Palette
MU-N	Meets minimum lot size standard or is developed with an existing multiplex	At least 3,750 sf. of lot area per dwelling unit	Vehicular access shall be provided from an alley, if present. Surface parking lots are subject to the landscaping requirements of Section 4-6-4-4, Parking Lots.

Table 2-2-3-3 Multi-Unit Property Standards
Zone	Location or Context Standard	Lot Area Standard	Design Standard
EN-MF	Meets minimum lot size standard or is developed as a multi-unit property.	Minimum lot area: 5,625 sf.	All standards of the EN-MF zone apply. See Article 3-1, Established Neighborhood Zones. Accessory structures containing residential units must be subordinate in height and mass to the principal structure and be set back a minimum of 5 feet from side property lines.
RM	Allowed in clusters, mixed-housing neighborhoods, and TNDs (see Section 2-4-2-1, Residential and Mixed-Use Neighborhood Types and Minimum Parcel Areas)	At least 3,750 sf. of lot area per dwelling unit.	Depending on configuration, multiplex or duplex design standards apply. Accessory structures containing residential units must be subordinate in height and mass to the principal structure and be set back a minimum of 5 feet from side property lines. See Division 3-2-2, Housing Palette
MU-N	Meets minimum lot size standard or is developed with an existing multiplex	At least 3,750 sf. of lot area per dwelling unit	Vehicular access shall be provided from an alley, if present. Surface parking lots are subject to the landscaping requirements of Section 4-6-4-4, Parking Lots.

H.
Group Homes. Group homes are allowed as a special use in the MU-N and MU-A zones, provided they are located only within single-family detached or duplex dwelling units.
I.
Live-Work Units. Live-work units are allowed as a special use in the RH zone and may be allowed as a limited use in the CB zone as follows:
1. 1.
  RH Zone. Live-work units are allowed in the following locations:
  1. a.
    On lots that have frontage on arterial or collector streets (including in multifamily buildings which are oriented towards arterial or collector streets); or
  2. b.
    Within 300 feet of the neighborhood center of a TND. (See Section 4-1-3-7, Traditional Neighborhood Development)
2. 2.
  CB Zone. Live-work units are allowed in the CB zone, except that in buildings that front on Main Avenue, the residential portion of the live-work unit must be located above the ground floor and / or behind the nonresidential portion of the live-work unit.
J.
Work-Live Units. Work-live units may be allowed as a limited use in the RH and CB zones, and is allowed as a special use in the BP zone, as follows:
1. 1.
  RH Zone. Work-live units are allowed in the following locations:
  1. a.
    On lots that have frontage on arterial or collector streets (including in multifamily buildings which are oriented towards arterial or collector streets); or
  2. b.
    Within 300 feet of the neighborhood center of a TND. (see Section 4-1-3-7, Traditional Neighborhood Development)
2. 2.
  CB Zone. Work-live units are allowed in the CB zone, except that in buildings that front on Main Avenue, the residential portion of the work-live unit must be located above the ground floor and / or behind the nonresidential portion of the work-live unit.
3. 3.
  BP Zone. Work-live units are allowed if they are developed in clusters of eight or more units.
K.
On-Site Employee Housing Unit. On-Site Employee Housing units may be allowed as a special use in the CB, MU-N, MU-A, CG and CR zones, and may be allowed as a limited use in the BP and LI zones, as follows:
1. 1.
  CB, MU-N, MU-A, CG and CR Zones. On-Site Employee Housing units are allowed as a special use if the following criteria are met:
  1. a.
    Employee units must be located above or below the ground floor and / or behind the nonresidential portion of the business and the units are accessory to the business use;
  2. b.
    The unit must only be occupied by an employee or employees of the business;
  3. c.
    The unit does not qualify as a work-live or custodial unit;
  4. d.
    The maximum number of employee units and occupancy will be established at time of approval, additional units cannot be created without a new review; and
  5. e.
    The unit may be converted to a full living unit through a limited use review and the payment of associated fees, including but not limited to, school and park in-lieu fees, and major street impact fees.
2. 2.
  BP and LI Zones. On-Site Employee Housing units may be allowed as a limited use if the following criteria are met:
  1. a.
    Must meet all of the criteria of J.1. above;
  2. b.
    The use is not located next to an existing use that has extensive outdoor operations and storage; and
  3. c.
    If the new use is located next to a property with limited outdoor operations or storage a 30% bufferyard is required.
L.
Permanent Supportive Housing. Permanent Supportive Housing may be allowed as a limited use in the PB zone as follows:
1. 1.
  The use is allowed on the City’s Social Services Campus.
2. 2.
  The use meets all of the requirements of the PB zone district.
M.
Age Restricted Housing. Age Restricted Housing units may be allowed as a special use in the EN-MF, RM, and RH Zones, may be allowed as a limited use in the CB, MU-N and MU-A zones and may be allowed as a conditional use in the EN and PB zones as follows:
1. 1.
  EN-MF, RM, RH Zones. Age Restricted Housing units may be allowed as a special use if the following criteria are met:
  1. a.
    All persons residing in the unit are over 67 years of age; and
  2. b.
    The maximum number of occupants will be established at time of approval and additional occupants cannot be added without additional review and an amendment of the permit.
2. 2.
  CB, MU-N, and MU-A Zones. Age Restricted Housing units may be allowed as a limited use if the following criteria are met:
  1. a.
    The building may be converted to a full living unit through a conditional use review if it meets LUDC standards for multi-unit buildings, including but not limited to density, parking and the payment of associated fees such as school and park in-lieu fees, and major street impact fees, and other applicable standards.
  2. b.
    Residential units are not allowed on the first floor of the building.
  3. c.
    The building must be a mix of residential and non-residential uses; and
  4. d.
    Must meet all of the criteria of K.1. above;
3. 3.
  EN and PB Zones. Age Restricted Housing Units may be allowed as a conditional use if the following criteria are met:
  1. a.
    Must meet all of the criteria of K.1. above; and
  2. b.
    Must be located in an existing non-residential building, in addition:
    i.
    The foot print of the building cannot be expanded;
    ii.
    The height of the building may not be increased;
    iii.
    haracter of the existing non-residential building must be maintained; and
    iv.
    Minor changes to the building may be allowed such as dormers, new windows, new doors, subject to Design Review.
  3. c.
    Buildings more than 50 years old are subject to review under the Historic Design Guidelines.
  4. d.
    In the PB Zone, Age Restricted Housing Units may be allowed on vacant land as part of a larger campus with other uses that continue to be in public use. The design of the building must be compatible with character of the overall campus. Specific standards will be determined during the permit and Design Review process and must be compatible with surrounding properties.
N.
Senior Congregate Care Housing. Senior Congregate Care Housing units may be allowed as a special use in the EN-MF, RM, RH, may be allowed as a limited use in the limited use in the CB, MU-N and MU-A zones and may be allowed as a conditional use in the EN and PB zones as follows:
1. 1.
  EN-MF, RM, RH Zones. Senior Congregate Care Housing may be allowed as a special use if the following criteria are met:
  1. a.
    All persons residing in the unit are over 67 years of age; and
  2. b.
    The maximum number of occupants will be established at time of approval and additional occupants cannot be added without additional review and an amendment of the permit.
2. 2.
  CB, MU-N and MU-A Zones. Senior Congregate Care Housing may be allowed as a limited use if the following criteria are met:
  1. a.
    Must meet all of the criteria of L.1. above;
  2. b.
    The building must be a mix of residential and non-residential uses; and
  3. c.
    Residential units are not allowed on the first floor of the building;
3. 3.
  EN and PB Zones. Senior Congregate Care Housing may be allowed as a conditional use if the following criteria are met:
  1. a.
    Must meet all of the criteria of L.1. above;
  2. b.
    Must be located in an existing non-residential building, in addition:
    i.
    The foot print of the building cannot be expanded;
    ii.
    The height of the building may not be increased;
    iii.
    Character of the existing non-residential building must be maintained; and
    iv.
    Minor changes to the building may be allowed such as dormers, new windows, new doors, subject to Design Review.
  3. c.
    Buildings more than 50 years old are subject to review under the Historic Design Guidelines.
  4. d.
    In the PB Zone, Senior Congregate Care Housing may be allowed on vacant land as part of a larger campus with other uses that continue to be in public use. The design of the building must be compatible with character of the overall campus. Specific standards will be determined during the permit and Design Review process and must be compatible with surrounding properties.
O.
Dormitory / Fraternity / Sorority Uses. Dormitory, fraternity, and sorority uses may be allowed as a conditional use in the EN-MF, RM, and RH zones, and a special use in the BP zone, if it is demonstrated that the applicable standards for location, context, lot area, and design that are set out in Table 2-2-3-3F, Dormitory / Fraternity / Sorority Standards, are met.

Table 2-2-3-3F Dormitory / Fraternity / Sorority Standards
Zone	Location or Context Standard	Lot Area Standard	Design Standard
EN-MF	Located within 1/2 mile of a college, university, or hospital, measured as the distance between nearest property lines, along street right-of-way or hard-surfaced trail centerlines	Minimum lot area: 18,750 sf.	See Article 3-1, Established Neighborhood Zones
RM	On campus of a place of assembly or hospital	Minimum lot area: 30,000 sf.	Multifamily standards apply. See Division 3-2-2, Housing Palette
RH	On campus of a place of assembly or hospital	Minimum lot area: 30,000 sf.	Multifamily standards apply. See Division 3-2-2, Housing Palette
BP	On campus of a college or university, place of assembly, or hospital	NA	NA
TABLE NOTES: NA = Not Applicable

Table 2-2-3-3F Dormitory / Fraternity / Sorority Standards
Zone	Location or Context Standard	Lot Area Standard	Design Standard
EN-MF	Located within 1/2 mile of a college, university, or hospital, measured as the distance between nearest property lines, along street right-of-way or hard-surfaced trail centerlines	Minimum lot area: 18,750 sf.	See Article 3-1, Established Neighborhood Zones
RM	On campus of a place of assembly or hospital	Minimum lot area: 30,000 sf.	Multifamily standards apply. See Division 3-2-2, Housing Palette
RH	On campus of a place of assembly or hospital	Minimum lot area: 30,000 sf.	Multifamily standards apply. See Division 3-2-2, Housing Palette
BP	On campus of a college or university, place of assembly, or hospital	NA	NA
TABLE NOTES: NA = Not Applicable

Table 2-2-3-3F Dormitory / Fraternity / Sorority Standards
Zone	Location or Context Standard	Lot Area Standard	Design Standard
EN-MF	Located within 1/2 mile of a college, university, or hospital, measured as the distance between nearest property lines, along street right-of-way or hard-surfaced trail centerlines	Minimum lot area: 18,750 sf.	See Article 3-1, Established Neighborhood Zones
RM	On campus of a place of assembly or hospital	Minimum lot area: 30,000 sf.	Multifamily standards apply. See Division 3-2-2, Housing Palette
RH	On campus of a place of assembly or hospital	Minimum lot area: 30,000 sf.	Multifamily standards apply. See Division 3-2-2, Housing Palette
BP	On campus of a college or university, place of assembly, or hospital	NA	NA
TABLE NOTES: NA = Not Applicable

Table 2-2-3-3F Dormitory / Fraternity / Sorority Standards
Zone	Location or Context Standard	Lot Area Standard	Design Standard
EN-MF	Located within 1/2 mile of a college, university, or hospital, measured as the distance between nearest property lines, along street right-of-way or hard-surfaced trail centerlines	Minimum lot area: 18,750 sf.	See Article 3-1, Established Neighborhood Zones
RM	On campus of a place of assembly or hospital	Minimum lot area: 30,000 sf.	Multifamily standards apply. See Division 3-2-2, Housing Palette
RH	On campus of a place of assembly or hospital	Minimum lot area: 30,000 sf.	Multifamily standards apply. See Division 3-2-2, Housing Palette
BP	On campus of a college or university, place of assembly, or hospital	NA	NA
TABLE NOTES: NA = Not Applicable

P.
Boarding House Uses. Boarding houses are allowed as a special use in the RH, MU-N, and MU-A zone, and a limited use in the RM zone, if it is demonstrated that the applicable standards for location, context, lot area, and design that are set out in Table 2-2-3-3G, Boarding House Standards, are met.

Table 2-2-3-3G Boarding House Standards
Zone	Location or Context Standard	Lot Area Standard	Design Standard
RM	Allowed in the neighborhood center of a TND. (see Section 4-1-3-7, Traditional Neighborhood Development)	NA	Single-family detached standards apply. See Section 3-2-2-2, Single-Family Detached
RH	Allowed in the neighborhood center of a TND. (see Section 4-1-3-7, Traditional Neighborhood Development)	NA	Single-family detached standards apply. See Section 3-2-2-2, Single-Family Detached.
MU-N	New construction or adaptive re-use of existing single-family detached building	NA	New buildings shall meet single-family detached standards for "general" lots. See Section 3-2-2-2, Single-Family Detached.
MU-A	New construction or adaptive re-use of existing single-family detached building	NA	New buildings shall meet single-family detached standards for "general" lots. See Section 3-2-2-2, Single-Family Detached.
TABLE NOTES: NA = Not Applicable

Table 2-2-3-3G Boarding House Standards
Zone	Location or Context Standard	Lot Area Standard	Design Standard
RM	Allowed in the neighborhood center of a TND. (see Section 4-1-3-7, Traditional Neighborhood Development)	NA	Single-family detached standards apply. See Section 3-2-2-2, Single-Family Detached
RH	Allowed in the neighborhood center of a TND. (see Section 4-1-3-7, Traditional Neighborhood Development)	NA	Single-family detached standards apply. See Section 3-2-2-2, Single-Family Detached.
MU-N	New construction or adaptive re-use of existing single-family detached building	NA	New buildings shall meet single-family detached standards for "general" lots. See Section 3-2-2-2, Single-Family Detached.
MU-A	New construction or adaptive re-use of existing single-family detached building	NA	New buildings shall meet single-family detached standards for "general" lots. See Section 3-2-2-2, Single-Family Detached.
TABLE NOTES: NA = Not Applicable

Table 2-2-3-3G Boarding House Standards
Zone	Location or Context Standard	Lot Area Standard	Design Standard
RM	Allowed in the neighborhood center of a TND. (see Section 4-1-3-7, Traditional Neighborhood Development)	NA	Single-family detached standards apply. See Section 3-2-2-2, Single-Family Detached
RH	Allowed in the neighborhood center of a TND. (see Section 4-1-3-7, Traditional Neighborhood Development)	NA	Single-family detached standards apply. See Section 3-2-2-2, Single-Family Detached.
MU-N	New construction or adaptive re-use of existing single-family detached building	NA	New buildings shall meet single-family detached standards for "general" lots. See Section 3-2-2-2, Single-Family Detached.
MU-A	New construction or adaptive re-use of existing single-family detached building	NA	New buildings shall meet single-family detached standards for "general" lots. See Section 3-2-2-2, Single-Family Detached.
TABLE NOTES: NA = Not Applicable

Table 2-2-3-3G Boarding House Standards
Zone	Location or Context Standard	Lot Area Standard	Design Standard
RM	Allowed in the neighborhood center of a TND. (see Section 4-1-3-7, Traditional Neighborhood Development)	NA	Single-family detached standards apply. See Section 3-2-2-2, Single-Family Detached
RH	Allowed in the neighborhood center of a TND. (see Section 4-1-3-7, Traditional Neighborhood Development)	NA	Single-family detached standards apply. See Section 3-2-2-2, Single-Family Detached.
MU-N	New construction or adaptive re-use of existing single-family detached building	NA	New buildings shall meet single-family detached standards for "general" lots. See Section 3-2-2-2, Single-Family Detached.
MU-A	New construction or adaptive re-use of existing single-family detached building	NA	New buildings shall meet single-family detached standards for "general" lots. See Section 3-2-2-2, Single-Family Detached.
TABLE NOTES: NA = Not Applicable

Effective on: 12/4/2024

Sec. 2-2-3-4 Standards for Transient Residential Land Uses and Overnight Accommodations

A.
Generally. The standards of this Section apply to transient residential uses and overnight accommodations which are enumerated in Table 2-1-3-3, Residential, Transient Residential, and Overnight Accommodations, under the subheading "Transient Residential Land Uses and Overnight Accommodations," in instances where the use is shown as a special use ("S"), a limited use ("L"), or a conditional use ("C") in a particular zone. Note that other standards may also apply. See Section 2-2-1-2, Application of Article.
B.
Bed and Breakfasts and Bed and Breakfast Inns. Bed and breakfasts and bed and breakfast inns may be allowed as conditional uses in the EN-1, EN-2, EN-MF, and RM zones, and as limited uses in the RA zone, and are allowed as special uses in the RH zone, if it is demonstrated that the standards for location, context, and operation that are set out in Table 2-2-3-4A, Bed and Breakfast / Bed and Breakfast Inn Standards, are met.

Table 2-2-3-4A Bed and Breakfast / Bed and Breakfast Inn Standards
Zone	Location or Context Standard	Operational Requirements
EN-1	Lot is located on a corner at which one of the intersecting streets is College Drive, 8th Street, or 8th Avenue; or lot fronts on 3rd Avenue.	Use is limited to a bed and breakfast.
EN-2	Lot abuts East 2nd Avenue, North of 28th Street; or lot abuts Animas River, except lots that take access from Alamo Drive.	Use is limited to a bed and breakfast.
EN-MF	Must be an adaptive re-use of an existing residential building.	NA
RM	Allowed within 150 feet of the neighborhood center of a TND. (see Section 4-1-3-7, Traditional Neighborhood Development)	NA
RH	Allowed within 150 feet of the neighborhood center of a TND. (see Section 4-1-3-7, Traditional Neighborhood Development)	NA
RA	Allowed on parcels that are at least 10 acres in area; or on parcels that are at least 12,000 sf. in area which front on an arterial or collector street and are developed with an existing single-family detached building.	NA
TABLE NOTES: NA = Not Applicable

Table 2-2-3-4A Bed and Breakfast / Bed and Breakfast Inn Standards
Zone	Location or Context Standard	Operational Requirements
EN-1	Lot is located on a corner at which one of the intersecting streets is College Drive, 8th Street, or 8th Avenue; or lot fronts on 3rd Avenue.	Use is limited to a bed and breakfast.
EN-2	Lot abuts East 2nd Avenue, North of 28th Street; or lot abuts Animas River, except lots that take access from Alamo Drive.	Use is limited to a bed and breakfast.
EN-MF	Must be an adaptive re-use of an existing residential building.	NA
RM	Allowed within 150 feet of the neighborhood center of a TND. (see Section 4-1-3-7, Traditional Neighborhood Development)	NA
RH	Allowed within 150 feet of the neighborhood center of a TND. (see Section 4-1-3-7, Traditional Neighborhood Development)	NA
RA	Allowed on parcels that are at least 10 acres in area; or on parcels that are at least 12,000 sf. in area which front on an arterial or collector street and are developed with an existing single-family detached building.	NA
TABLE NOTES: NA = Not Applicable

Table 2-2-3-4A Bed and Breakfast / Bed and Breakfast Inn Standards
Zone	Location or Context Standard	Operational Requirements
EN-1	Lot is located on a corner at which one of the intersecting streets is College Drive, 8th Street, or 8th Avenue; or lot fronts on 3rd Avenue.	Use is limited to a bed and breakfast.
EN-2	Lot abuts East 2nd Avenue, North of 28th Street; or lot abuts Animas River, except lots that take access from Alamo Drive.	Use is limited to a bed and breakfast.
EN-MF	Must be an adaptive re-use of an existing residential building.	NA
RM	Allowed within 150 feet of the neighborhood center of a TND. (see Section 4-1-3-7, Traditional Neighborhood Development)	NA
RH	Allowed within 150 feet of the neighborhood center of a TND. (see Section 4-1-3-7, Traditional Neighborhood Development)	NA
RA	Allowed on parcels that are at least 10 acres in area; or on parcels that are at least 12,000 sf. in area which front on an arterial or collector street and are developed with an existing single-family detached building.	NA
TABLE NOTES: NA = Not Applicable

Table 2-2-3-4A Bed and Breakfast / Bed and Breakfast Inn Standards
Zone	Location or Context Standard	Operational Requirements
EN-1	Lot is located on a corner at which one of the intersecting streets is College Drive, 8th Street, or 8th Avenue; or lot fronts on 3rd Avenue.	Use is limited to a bed and breakfast.
EN-2	Lot abuts East 2nd Avenue, North of 28th Street; or lot abuts Animas River, except lots that take access from Alamo Drive.	Use is limited to a bed and breakfast.
EN-MF	Must be an adaptive re-use of an existing residential building.	NA
RM	Allowed within 150 feet of the neighborhood center of a TND. (see Section 4-1-3-7, Traditional Neighborhood Development)	NA
RH	Allowed within 150 feet of the neighborhood center of a TND. (see Section 4-1-3-7, Traditional Neighborhood Development)	NA
RA	Allowed on parcels that are at least 10 acres in area; or on parcels that are at least 12,000 sf. in area which front on an arterial or collector street and are developed with an existing single-family detached building.	NA
TABLE NOTES: NA = Not Applicable

C.
Guest Ranch. Guest ranches may be allowed as a conditional use in the RA zone if it is demonstrated that:
1. 1.
  The parcel proposed for development is a working ranch with a minimum area of 40 acres.
2. 2.
  Guest rooms are located:
  1. a.
    In the farmhouse; or
  2. b.
    In buildings that have the character of barns or other agricultural buildings; or
  3. c.
    In cabins that are completely screened from view from public rights-of-way and abutting properties by landscaping and topography.
3. 3.
  Areas used for campfires and organized outdoor activities are set back at least 100 feet from all property lines.
4. 4.
  If the capacity of the guest ranch is more than 30 persons, then:
  1. a.
    All meals will be offered on-site; and
  2. b.
    Group transportation to off-site recreational activities will be provided.
D.
Hostel. Hostels may be allowed as a conditional use in the RH and RA zones if it is demonstrated that:
1. 1.
  RH Zone. Hostels may be allowed in the neighborhood center of a TND. (see Section 4-1-3-7, Traditional Neighborhood Development).
2. 2.
  RA Zone. Hostels may be allowed in locations that are within one-quarter mile of major regional outdoor recreational areas, measured along the centerline of the street or a hard-surfaced trail.
E.
Hotels and Motels, Convention. Convention hotels and motels are allowed as a special use in the CB zone if it is demonstrated that they are separated from residential zones by at least 200 feet, measured as the shortest distance between the property line of the hotel or motel and the residential zone boundary.
F.
Timeshare / Fractional Ownership. Timeshare and fractional ownership uses may be allowed as a conditional use in the CB zoneand may be allowed as a limited use in the MU-A zone if it is demonstrated that:
1. 1.
  The parcel proposed for development is not located within 100 feet of a residential zone boundary;
2. 2.
  The use is located on the upper floor(s) of one or more mixed-use buildings, or is located in the same building as a hotel or motel use; and
3. 3.
  Parking is provided on-site.
G.
Vacation Rental Homes. Vacation rental homes may be allowed as limited uses in the EN-1, EN-2, CB, MU-N, MU-A, and PD zones. Vacation rental properties with valid permits in the EN-MF, RM, and RH zones may remain active with a legal, non-conforming status until there is a change of ownership, an inactive period of 1 year, or a failure to renew a business license, at which point these permits shall automatically expire and cannot be renewed. Vacation rental homes are not permitted on properties with Accessory Dwelling Units.
1. 1.
  Purpose. The provisions of this subsection are necessary to prevent unreasonable burdens on services and impacts on residential neighborhoods posed by vacation rental homes. Special regulation of these uses is necessary to ensure that they will be compatible with surrounding residential uses and will not act to harm and alter the neighborhoods in which they are located. Maintenance of Durango's existing residential neighborhoods is essential to its continued economic strength. It is the intent of this subsection to minimize the impact of vacation rentals on adjacent residences, and to minimize the impact of the commercial character of vacation rentals.
2. 2.
  Density. The maximum density for vacation rental homes shall be as follows:
  1. a.
    EN-1. A total of 22 vacation rental home permits are allowed in EN-1.
  2. b.
    EN-2. A total of 17 vacation rental home permits are allowed in EN-2.
3. 3.
  Spacing.
  1. a.
    In the EN-1 and EN-2 zones, not more than one vacation rental home shall be located on all properties or lots that abut any street segment. For corner lots, this standard applies to both street segments that abut that corner lot and only one vacation rental is permitted on the corner lots that abut the intersection. Vacation rental homes that were legally established and have been legally maintained prior to the effective date of this LUDC, shall be considered as the allowed unit for that applicable street segment.
  2. b.
    A second vacation rental home may be allowed on a street segment with a conditional use permit if, in addition to the other applicable standards of this LUDC, it is demonstrated that:
    i.
    The second vacation rental home must be the primary residence for the property owner and the vacation rental home use is part-time, the limits of which will be established as part of the conditional use permit process. Part-time vacation rentals shall submit an annual audit detailing rental activity for the prior year to the City by January 31st of the current year to confirm that the operation is in conformance with permit conditions and aligns with reported Sales and Lodger's tax collections.
    ii.
    The second vacation rental home is located on a street segment with more than five separate residential parcels fronting on the street segment; in no case shall a second vacation rental home be allowed on a street segment with 5 or fewer residential parcels fronting on it.
4. 4.
  Occupancy.
  1. a.
    A dwelling unit for which a vacation rental home use is approved may alternatively be used as a full-time residence for the owner or a lessee. However, during vacation rental tenancies, the building shall not be used for any other purpose (e.g., home occupation or temporary event).
  2. b.
    The Administrator shall specify the maximum number of occupants allowed in each individual vacation rental. The maximum number of occupants allowed in a vacation rental home shall not exceed the lesser of:
    i.
    Three persons per parking space; or
    ii.
    Two persons, plus two persons per bedroom.
5. 5.
  Appearance and Visibility.
  1. a.
    Except in the CB Zone, the vacation rental home use shall not change the residential character of the outside of a dwelling unit, either by the use of colors, materials, signage, lighting; or by the construction of accessory structures or garages that are visible off-site and not of the same architectural character as the residence; or by the emission of noise, glare, flashing lights, vibrations, or odors not commonly experienced in residential areas.
6. 6.
  Parking.
  1. a.
    All parking associated with a vacation rental home in EN-1, EN-2, and PD zones, see Section 4-5-2-2, Required Off-Street Parking Spaces (Parking Tables), shall be entirely on the same lot as the vacation rental home (e.g./ in the garage or driveway).
  2. b.
    All parking associated with a vacation rental home in CB, MU-N, and MU-A zones, see Section 4-5-2-2, Required Off-Street Parking Spaces (Parking Tables), shall be entirely on the same lot as the vacation rental home (e.g., in the garage or parking lot) or parking may be leased in compliance with the provisions of Section 4-5-3-2, Remote Parking.
  3. c.
    Vacation rental homes in the CB zone with three or more bedrooms may reduce the required parking by one space as long as the following conditions are met:
    i.
    The number of vehicles allowed by the occupants of the vacation rental home is restricted to the number of spaces provided.
    ii.
    All advertising for the vacation rental home will clearly display the restriction in the number of vehicles allowed.
  4. d.
    In multi-unit buildings or developments, only parking spaces that are specifically designated for the vacation rental home shall be used for tenant parking. Guest or overflow parking for the development shall not be used as parking for vacation rentals.
  5. e.
    In the EN-1 and EN-2 zones, on site tandem parking configurations may be used to provide required parking for vacation rentals with 2 or more bedrooms.
7. 7.
  Local Contact Person / Property Manager.
  1. a.
    A designated property manager, who may be the owner of the vacation rental home or the owner's agent, shall reside in Durango or La Plata County.
  2. b.
    The property manager shall be available 24 hours per day to ensure that the property is maintained and operated as required by this LUDC and the Durango Municipal Code, including but not limited to:
    i.
    Ensuring that the number of tenants does not exceed the limitations of subsection G.3., above.
    ii.
    Ensuring that the number of vehicles parked by tenants does not exceed the number of parking spaces on the lot; and
    iii.
    Ensuring that tenants do not violate noise restrictions.
  3. c.
    The name, address, and telephone number(s) of the property manager shall be submitted to the Community Development Department, the Durango Police Department, and the Durango Fire Protection District. Any change in the local contact person's address or telephone number(s) shall be promptly furnished to said agencies.
  4. d.
    If the local contact person is unavailable or fails to respond to a call from a tenant or the Administrator, then the police department will be contacted. The police will attempt to contact the property manager at the phone numbers on file. If the police are unable to contact the property manager, the owner shall be subject to the applicable penalties set out in Article 6-4, Enforcement and Remedies.
8. 8.
  Facilities. All bedrooms must have a floor area of at least 70 sf.
9. 9.
  Outdoor Storage. Storage of recreational vehicles, motorcycles, snowmobiles, boats, jet skis, vehicles such as modified jeeps that may not be legally operated on public streets, and other similar vehicles, machines, or recreational devices, is allowed on off-street paved parking surfaces on the same lot as the vacation rental home, in the same manner as allowed for other dwelling units in the same zone. These items may not be stored within the public right-of-way. If there is not enough legal on-site parking for the storage or parking of recreational vehicles / devices, the rental tenants or owner must provide alternative arrangements for their storage. The determination of what constitutes a vehicle or device, as described above, shall be determined by the Administrator.
10. 10.
  Trash and Recycling. All vacation rental homes must have bear-proof trash containers and curbside recycling containers on site in a convenient and discrete location.
11. 11.
  Fire Extinguishers. A fire extinguisher that is in good working order shall be maintained at all times on the premises of all vacation rental homes.
12. 12.
  Required Notices.
  1. a.
    The following notices shall be posted in a conspicuous location inside the rental unit:
    i.
    A copy of the vacation rental home permit;
    ii.
    The name, address, and telephone number(s) of the property manager;
    iii.
    A statement which reads: Occupants shall comply with the City's Noise Ordinance;
    iv.
    The location of the required parking spaces;
    v.
    The location of the fire extinguisher; and
    vi.
    Information on the trash and curbside recycling programs including:
    (A)
    Pickup schedules;
    (B)
    Instructions for operating wildlife containers; and
    (C)
    A notice that trash and recycling containers must not be stored outside or placed at the curb (or in the alley), except between 6:00 AM and 6:00 PM on the day of scheduled trash or recycling pickup.
  2. b.
    The vacation rental home permit number and business license number shall be clearly displayed on all advertisements and listings of the unit including online advertisements. For those vacation rental homes in existence on the effective date of this LUDC, the permit number will be distributed and must be displayed prior to any renewal of the unit's business license.
13. 13.
  Non-Transferability. Vacation rental home permits shall be granted solely to the Applicant and shall not be transferable to any other person or legal entity. The vacation rental home permit shall include a non-transferability clause and the use shall be terminated automatically upon the sale or change of ownership of the property for which a permit has been issued.
14. 14.
  Relationship to Other Ordinances.
  1. a.
    Each vacation rental home, including those in existence on the effective date of this LUDC, is subject to a lodger's tax license, a sales tax license, and a current business license, and all stipulations of this subsection regarding location.
  2. b.
    If an existing vacation rental home is not licensed, then the owner of the vacation rental home shall apply for a license within 120 days of the effective date of this LUDC.
  3. c.
    If the business license and transient occupancy tax registration have not been requested within the time frames set forth in this subsection, the penalties listed Article 6-4, Enforcement and Remedies, apply. This registration may be filed concurrently with the application for a permit under this Section.
  4. d.
    Vacation rental homes must meet the standards of the City's adopted building codes, as amended from time to time.
  5. e.
    Vacation rental homes are subject to the same safety and health inspections that apply to other licensed places of accommodation.
  6. f.
    Vacation rental homes in mixed-use buildings are not required to comply with the standards in Section 2-2-3-4.G.7 provided the Applicant submits documentation showing they have distributed contact information for the local contact person to all unit owners and tenants in the building.
15. 15.
  Special Rules for CB, MU-N, MU-A, and PD Zones.
  1. a.
    In the CB, MU-N, and MU-A zones, vacation rentals are only allowed in mixed-use buildings and developments.
    i.
    Vacation rentals must be specifically listed as an allowed use on a prior land use approval or development agreement. Vacation rentals which were lawfully permitted on the date of the adoptions of this ordinance are allowed to continue operating as long as they maintain compliance with the terms of their permit.
    ii.
    If a prior land use approval or development agreement does not list vacation rentals as an allowed use, applicants may request an amendment to allow vacation rentals. Amendments shall be processed as described in Article 6-3 Permits and Procedures, or, if applicable, as described in said land use approval or development agreement.
    iii.
    New land use approvals and amendments allowing vacation rentals shall specify the total number of residential units that are allowed to be used in the building or development as vacation rentals. If an amendment is requested for an existing development, the number of allowed units to be used as vacation rentals will generally not be less than the number of existing lawfully permitted vacation rentals in the development at the date of the adoption of this ordinance.
  2. b.
    In PD Zones.
    i.
    Vacation rentals are only allowed in PD zones which specifically list vacation rentals as an allowed use by the PD Agreement which governs the PD zone.
    ii.
    If the PD Agreement which governs the PD zone does not specifically list vacation rentals as an allowed use, the PD must be amended as set out in Section 6-3-10-7 Modification of Planned Development Approvals. Changing a PD zone to allow vacation home rentals shall constitute a major amendment to the PD zone. Prior to application for a PD Amendment, written consent to allow vacation rentals must be obtained from a two-thirds majority of the property owners within the planned development, and the affected property owners may request the establishment of criteria and procedures to review the proposed vacation home rental.
    iii.
    New PD Agreements and any PD Amendments allowing vacation rentals shall contain a specific number of units that are allowed to be used in that development as vacation rentals.

Effective on: 1/1/2026

Sec. 2-2-3-5 Standards for Institutional Uses

A.
Generally. The standards of this Section apply to institutional uses which are enumerated in Table 2-1-3-4, Institutional, Education, Protective Care, Natural Medicine, and Health Care Use/Zone Matrix, under the subheading "Institutional Uses," in instances where the use is shown as a special use ("S"), a limited use ("L"), or a conditional use ("C") in a particular zone. Note that other standards may also apply. See Section 2-2-1-2, Application of Article.
B.
Day Care, Adult. Adult day care uses may be allowed as limited uses in the EN-1, EN-2, EN-MF, RL, and RA zones, provided that:
1. 1.
  Location. In the RL zone, adult day care uses that provide service to more than six clients at a time shall take access from a collector or arterial street.
2. 2.
  Building Type. If services are provided for more than six clients at a time, the use shall be located in:
  1. a.
    An existing nonresidential building; or
  2. b.
    An existing multifamily building which is converted from residential use to an adult day care use.
3. 3.
  Parking. Where a dwelling unit is used to provide adult day care for six or fewer people in the EN-1, EN-2 or RL zones, one parking space shall be provided in addition to the parking required for the dwelling unit pursuant to Section 4-5-2-2, Required Off-Street Parking Spaces (Parking Tables).
4. 4.
  Signage. Signage is not allowed for adult day care uses that are located in dwelling units. Adult day care uses that are located in nonresidential buildings may display signage according to the requirements of Article 3-6, Signs.
C.
Day Care, Child. Child day care uses may be allowed as a special or limited use in the EN, EN-MF, RL, RM, RH, CB, MU-N, MU-A, CG, BP, and RA zones, if compliance with the applicable standards of this subsection is demonstrated.
1. 1.
  Statutory and Administrative Rule Requirements. Day care facilities shall comply with applicable Colorado statutes and administrative rules, including but not limited to CCR § 7.702.8.
2. 2.
  Child Day Care Facilities with Six or Fewer Attendees.
  1. a.
    In the EN, EN-MF, RM, and RH zones, child care facilities with 6 or fewer attendees are allowed if:
    i.
    Off-street parking for the dwelling unit is in compliance with the requirements of this LUDC; and
    ii.
    Not more than two child day care facilities are located on each street segment.
  2. b.
    In the CB, MU-A, MU-N, RL, RA, and PD zones, child care facilities with six or fewer attendees are allowed only in single-family detached dwelling units or places of public assembly.
3. 3.
  Child Day Care Facilities with Seven to 12 Attendees. The required building types, operating hours, and parking requirements for child day care facilities with seven to 12 attendees are set out by zone in Table 2-2-3-5A, Building Types, Hours, and Parking Requirements for Child Day Care (7 to 12 Attendees).

Table 2-2-3-5A Building Types, Hours, and Parking Requirements for Child Day Care (7 to 12 Attendees)
Standard	Zone¹
Standard	EN	EN-MF	RL	RM	RH	CB	MU-N	MU-A	CG	BP
TABLE NOTES: 1. A checkmark in a zone column means that the standard stated in the left-hand column on the same row applies in the indicated zone.
Type of Building in which Use is Allowed
Single-family detached dwelling unit
Existing nonresidential building
New nonresidential building
Nonresidential parts of multifamily buildings
Nonresidential parts of mixed-use buildings
Hours of Operation
No operation between 8:00 PM and 6:00 AM if located in a dwelling unit
Additional Parking Requirement
If located in a dwelling unit, one space required in addition to parking required for dwelling unit

Table 2-2-3-5A Building Types, Hours, and Parking Requirements for Child Day Care (7 to 12 Attendees)
Standard	Zone¹
Standard	EN	EN-MF	RL	RM	RH	CB	MU-N	MU-A	CG	BP
TABLE NOTES: 1. A checkmark in a zone column means that the standard stated in the left-hand column on the same row applies in the indicated zone.
Type of Building in which Use is Allowed
Single-family detached dwelling unit
Existing nonresidential building
New nonresidential building
Nonresidential parts of multifamily buildings
Nonresidential parts of mixed-use buildings
Hours of Operation
No operation between 8:00 PM and 6:00 AM if located in a dwelling unit
Additional Parking Requirement
If located in a dwelling unit, one space required in addition to parking required for dwelling unit

Table 2-2-3-5A Building Types, Hours, and Parking Requirements for Child Day Care (7 to 12 Attendees)
Standard	Zone¹
Standard	EN	EN-MF	RL	RM	RH	CB	MU-N	MU-A	CG	BP
TABLE NOTES: 1. A checkmark in a zone column means that the standard stated in the left-hand column on the same row applies in the indicated zone.
Type of Building in which Use is Allowed
Single-family detached dwelling unit
Existing nonresidential building
New nonresidential building
Nonresidential parts of multifamily buildings
Nonresidential parts of mixed-use buildings
Hours of Operation
No operation between 8:00 PM and 6:00 AM if located in a dwelling unit
Additional Parking Requirement
If located in a dwelling unit, one space required in addition to parking required for dwelling unit

Table 2-2-3-5A Building Types, Hours, and Parking Requirements for Child Day Care (7 to 12 Attendees)
Standard	Zone¹
Standard	EN	EN-MF	RL	RM	RH	CB	MU-N	MU-A	CG	BP
TABLE NOTES: 1. A checkmark in a zone column means that the standard stated in the left-hand column on the same row applies in the indicated zone.
Type of Building in which Use is Allowed
Single-family detached dwelling unit
Existing nonresidential building
New nonresidential building
Nonresidential parts of multifamily buildings
Nonresidential parts of mixed-use buildings
Hours of Operation
No operation between 8:00 PM and 6:00 AM if located in a dwelling unit
Additional Parking Requirement
If located in a dwelling unit, one space required in addition to parking required for dwelling unit

1. 4.
  Child Day Care Facilities with 13 or More Attendees. The required building types, access types, and bufferyards for child day care facilities with 13 or more attendees are set out by zone in Table 2-2-3-5B, Building Type, Access, and Bufferyard Requirements for Child Day Care (13+ Attendees).

Table 2-2-3-5B Building Type, Access, and Bufferyard Requirements for Child Day Care (13+ Attendees)
Standard	Zone¹
Standard	EN	EN-MF	RL	RM	RH	CB	MU-N	MU-A	CG	BP
TABLE NOTES: 1. A checkmark in a zone column means that the standard stated in the left-hand column on the same row applies in the indicated zone.
Type of Building in Which the Use May be Located
Existing Nonresidential building
New Nonresidential building
Nonresidential parts of multifamily buildings
Nonresidential parts of mixed-use buildings
Type of Access
Collector or arterial access is required, except in a TND development
Bufferyard Requirement
Outdoor play areas enclosed with a fence with a minimum height of four feet
Outdoor play areas buffered from residential uses with 30% opacity bufferyard (see Division 4-6-3, Buffering Requirements)

Table 2-2-3-5B Building Type, Access, and Bufferyard Requirements for Child Day Care (13+ Attendees)
Standard	Zone¹
Standard	EN	EN-MF	RL	RM	RH	CB	MU-N	MU-A	CG	BP
TABLE NOTES: 1. A checkmark in a zone column means that the standard stated in the left-hand column on the same row applies in the indicated zone.
Type of Building in Which the Use May be Located
Existing Nonresidential building
New Nonresidential building
Nonresidential parts of multifamily buildings
Nonresidential parts of mixed-use buildings
Type of Access
Collector or arterial access is required, except in a TND development
Bufferyard Requirement
Outdoor play areas enclosed with a fence with a minimum height of four feet
Outdoor play areas buffered from residential uses with 30% opacity bufferyard (see Division 4-6-3, Buffering Requirements)

Table 2-2-3-5B Building Type, Access, and Bufferyard Requirements for Child Day Care (13+ Attendees)
Standard	Zone¹
Standard	EN	EN-MF	RL	RM	RH	CB	MU-N	MU-A	CG	BP
TABLE NOTES: 1. A checkmark in a zone column means that the standard stated in the left-hand column on the same row applies in the indicated zone.
Type of Building in Which the Use May be Located
Existing Nonresidential building
New Nonresidential building
Nonresidential parts of multifamily buildings
Nonresidential parts of mixed-use buildings
Type of Access
Collector or arterial access is required, except in a TND development
Bufferyard Requirement
Outdoor play areas enclosed with a fence with a minimum height of four feet
Outdoor play areas buffered from residential uses with 30% opacity bufferyard (see Division 4-6-3, Buffering Requirements)

Table 2-2-3-5B Building Type, Access, and Bufferyard Requirements for Child Day Care (13+ Attendees)
Standard	Zone¹
Standard	EN	EN-MF	RL	RM	RH	CB	MU-N	MU-A	CG	BP
TABLE NOTES: 1. A checkmark in a zone column means that the standard stated in the left-hand column on the same row applies in the indicated zone.
Type of Building in Which the Use May be Located
Existing Nonresidential building
New Nonresidential building
Nonresidential parts of multifamily buildings
Nonresidential parts of mixed-use buildings
Type of Access
Collector or arterial access is required, except in a TND development
Bufferyard Requirement
Outdoor play areas enclosed with a fence with a minimum height of four feet
Outdoor play areas buffered from residential uses with 30% opacity bufferyard (see Division 4-6-3, Buffering Requirements)

D.
Funeral Home. Funeral home uses may be allowed as a conditional use in the EN-1, EN-MF, RM, and RH zones, and a limited use in the CR zone if it is demonstrated that the standards of Table 2-2-3-5C, Funeral Home Standards, are met.

Table 2-2-3-5C Funeral Home Standards
Standard	Zone¹
Standard	EN	EN-MF	RM	RH	CR
TABLE NOTES: 1. A checkmark in a zone column means that the standard stated in the left-hand column on the same row applies in the indicated zone.
Type of Access
Arterial or Collector Access is Required
Building Type
Building must be an adaptive re-use of an existing nonresidential building or part thereof
Use Restrictions
No cremation on-site
If cremation is performed, a supplemental filtration system shall be installed to reduce airborne mercury and particulate matter
Additional Setback Requirements
If cremation is performed on-site, vents must be set back 75 feet from all property lines

Table 2-2-3-5C Funeral Home Standards
Standard	Zone¹
Standard	EN	EN-MF	RM	RH	CR
TABLE NOTES: 1. A checkmark in a zone column means that the standard stated in the left-hand column on the same row applies in the indicated zone.
Type of Access
Arterial or Collector Access is Required
Building Type
Building must be an adaptive re-use of an existing nonresidential building or part thereof
Use Restrictions
No cremation on-site
If cremation is performed, a supplemental filtration system shall be installed to reduce airborne mercury and particulate matter
Additional Setback Requirements
If cremation is performed on-site, vents must be set back 75 feet from all property lines

Table 2-2-3-5C Funeral Home Standards
Standard	Zone¹
Standard	EN	EN-MF	RM	RH	CR
TABLE NOTES: 1. A checkmark in a zone column means that the standard stated in the left-hand column on the same row applies in the indicated zone.
Type of Access
Arterial or Collector Access is Required
Building Type
Building must be an adaptive re-use of an existing nonresidential building or part thereof
Use Restrictions
No cremation on-site
If cremation is performed, a supplemental filtration system shall be installed to reduce airborne mercury and particulate matter
Additional Setback Requirements
If cremation is performed on-site, vents must be set back 75 feet from all property lines

Table 2-2-3-5C Funeral Home Standards
Standard	Zone¹
Standard	EN	EN-MF	RM	RH	CR
TABLE NOTES: 1. A checkmark in a zone column means that the standard stated in the left-hand column on the same row applies in the indicated zone.
Type of Access
Arterial or Collector Access is Required
Building Type
Building must be an adaptive re-use of an existing nonresidential building or part thereof
Use Restrictions
No cremation on-site
If cremation is performed, a supplemental filtration system shall be installed to reduce airborne mercury and particulate matter
Additional Setback Requirements
If cremation is performed on-site, vents must be set back 75 feet from all property lines

E.
Institutional Residential. Institutional residential uses may be allowed as a conditional use in the EN-MF, RL, and RM zones, and as a limited use in the RH, MU-N, and MU-A zones, and as a special use and PB zone, provided that:
1. 1.
  Standards. The minimum lot area and dimensions, spacing, building coverage ratio, access, and type of building for institutional residential uses set out by zone in Table 2-2-3-5D, Institutional Residential Use Standards., are met.

Table 2-2-3-5D Institutional Residential Use Standards
Standard	Zone¹
Standard	EN-MF	RL	RH	MU-N	MU-A	PB
TABLE NOTES: 1. A checkmark in a zone column means that the standard stated in the left-hand column on the same row applies in the indicated zone.
Minimum Lot Area and Dimensions
The minimum lot area is one acre
The minimum lot width is 100 ft.
The minimum lot frontage is 100 ft.
Minimum Spacing (measured in a straight line from property line to property line of the respective uses)
600 feet between institutional residential uses
1,000 feet between institutional residential uses that involve alcohol or drug treatment and all medical marijuana and / or natural medicine uses
Maximum Building Coverage Ratio
Same as underlying zone (See Division 3-2-2, Housing Palette)
30 percent
40 percent
Required Access
Access must be from a collector, arterial, or nonresidential local street
If the capacity of the use is more than 15 residents, access must be from a collector or arterial street
Type of Building
Use shall be a re-use or adaptive re-use of an entire existing building

Table 2-2-3-5D Institutional Residential Use Standards
Standard	Zone¹
Standard	EN-MF	RL	RH	MU-N	MU-A	PB
TABLE NOTES: 1. A checkmark in a zone column means that the standard stated in the left-hand column on the same row applies in the indicated zone.
Minimum Lot Area and Dimensions
The minimum lot area is one acre
The minimum lot width is 100 ft.
The minimum lot frontage is 100 ft.
Minimum Spacing (measured in a straight line from property line to property line of the respective uses)
600 feet between institutional residential uses
1,000 feet between institutional residential uses that involve alcohol or drug treatment and all medical marijuana and / or natural medicine uses
Maximum Building Coverage Ratio
Same as underlying zone (See Division 3-2-2, Housing Palette)
30 percent
40 percent
Required Access
Access must be from a collector, arterial, or nonresidential local street
If the capacity of the use is more than 15 residents, access must be from a collector or arterial street
Type of Building
Use shall be a re-use or adaptive re-use of an entire existing building

Table 2-2-3-5D Institutional Residential Use Standards
Standard	Zone¹
Standard	EN-MF	RL	RH	MU-N	MU-A	PB
TABLE NOTES: 1. A checkmark in a zone column means that the standard stated in the left-hand column on the same row applies in the indicated zone.
Minimum Lot Area and Dimensions
The minimum lot area is one acre
The minimum lot width is 100 ft.
The minimum lot frontage is 100 ft.
Minimum Spacing (measured in a straight line from property line to property line of the respective uses)
600 feet between institutional residential uses
1,000 feet between institutional residential uses that involve alcohol or drug treatment and all medical marijuana and / or natural medicine uses
Maximum Building Coverage Ratio
Same as underlying zone (See Division 3-2-2, Housing Palette)
30 percent
40 percent
Required Access
Access must be from a collector, arterial, or nonresidential local street
If the capacity of the use is more than 15 residents, access must be from a collector or arterial street
Type of Building
Use shall be a re-use or adaptive re-use of an entire existing building

Table 2-2-3-5D Institutional Residential Use Standards
Standard	Zone¹
Standard	EN-MF	RL	RH	MU-N	MU-A	PB
TABLE NOTES: 1. A checkmark in a zone column means that the standard stated in the left-hand column on the same row applies in the indicated zone.
Minimum Lot Area and Dimensions
The minimum lot area is one acre
The minimum lot width is 100 ft.
The minimum lot frontage is 100 ft.
Minimum Spacing (measured in a straight line from property line to property line of the respective uses)
600 feet between institutional residential uses
1,000 feet between institutional residential uses that involve alcohol or drug treatment and all medical marijuana and / or natural medicine uses
Maximum Building Coverage Ratio
Same as underlying zone (See Division 3-2-2, Housing Palette)
30 percent
40 percent
Required Access
Access must be from a collector, arterial, or nonresidential local street
If the capacity of the use is more than 15 residents, access must be from a collector or arterial street
Type of Building
Use shall be a re-use or adaptive re-use of an entire existing building

1. 2.
  Occupancy. Occupancy shall not exceed:
  1. a.
    One person per bedroom that is less than 100 sf. in area;
  2. b.
    Two persons per bedroom that is 100 sf. to 150 sf. in area; and
  3. c.
    Three persons per bedroom that is more than 150 sf. in area.
2. 3.
  Buffering Standards.
  1. a.
    RL Zone. The use shall be buffered from any abutting single-family detached residential uses with a 40 percent opacity bufferyard (see Section 4-6-3-2, Standard Bufferyards) that includes an opaque wall or fence in locations outside of front yards.
  2. b.
    RH Zone. The use shall be buffered along all lot lines with a 30 percent opacity bufferyard that includes an opaque wall or fence in locations outside of the front and street side yards.
  3. c.
    MU-A Zone. Outdoor recreation and leisure areas must be enclosed by a fence that is at least five feet in height, and the use shall be buffered from abutting properties with a 30 percent opacity bufferyard if:
    i.
    The floor area of the use is larger than 5,000 sf.; or
    ii.
    The abutting zone is EN (any subdistrict), and the floor area of the use is larger than 3,000 sf.
  4. d.
    Useable Outdoor Areas. 50 square feet of useable outdoor area shall be provided per resident (based on design capacity).
F.
Library. Library uses are allowed as a special use in the EN-MF, RM, and CB zones, provided that:
1. 1.
  EN-MF Zone. The parcel proposed for development abuts a nonresidential zone.
2. 2.
  RM Zone. Libraries are allowed in the neighborhood center of a TND. See Section 4-1-3-7, Traditional Neighborhood Development.
3. 3.
  CB Zone. If the building fronts on Main Avenue, the ground floor floor area of the library shall not exceed 15,000 sf. (any amount of floor area is allowed on upper floors).
G.
Place of Assembly. Places of assembly uses may be allowed as a conditional use in the CR and LI zones, and as a limited use in the EN, EN-MF, RL, RM, CB, CG, and BP zones, and are allowed as special uses in the RH zone, provided that:
1. 1.
  EN and EN-MF Zones.
  1. a.
    Location of Use. The use must be located on the site of an existing place of assembly. The use may expand into abutting lots, provided that in the EN zone, the total land area does not exceed two times the land area that the use occupied on the effective date of this LUDC.
  2. b.
    Limitation on Off-Site, Off-Street Parking. Off-street parking is not allowed on non-contiguous lots in residential zones.
  3. c.
    Lighting of Signs. Signs shall not be internally lit. Shielded lamps may be used to illuminate the sign face if the light source is not visible from off-site and the illumination is focused on the sign.
2. 2.
  RL, RM, and RH Zones. The standards set out within Table 2-2-3-5E., Standards for Places of Assembly in the RL, RM, and RH Zones, apply within the RL, RM, and RH zones.

Table 2-2-3-5E Standards for Places of Assembly in the RL, RM, and RH Zones
Standard	Zone
Standard	RL	RM	RH
Minimum Lot Area	2 ac.	25,000 sf. (no minimum in neighborhood center of TND)	20,000 sf. (no minimum in neighborhood center of TND)
Minimum Lot Width	150 ft.	same as underlying zone	same as underlying zone
Minimum Frontage	150 ft.	same as underlying zone	same as underlying zone
Minimum Building Setbacks	20 ft. from all property lines	same as underlying zone	same as underlying zone
Maximum Floor Area Ratio	0.20	0.30	0.35
Required Access	Collector or Arterial Street	Collector or Arterial Street (or any street in neighborhood center of TND)	Collector or Arterial Street (or any street in neighborhood center of TND)
Required Bufferyard Along Residential Property Lines if Floor Area of Use is Greater than 5,000 sf. (See Section 4-6-3-2, Standard Bufferyards)	30% opacity	20% opacity	20% opacity

Table 2-2-3-5E Standards for Places of Assembly in the RL, RM, and RH Zones
Standard	Zone
Standard	RL	RM	RH
Minimum Lot Area	2 ac.	25,000 sf. (no minimum in neighborhood center of TND)	20,000 sf. (no minimum in neighborhood center of TND)
Minimum Lot Width	150 ft.	same as underlying zone	same as underlying zone
Minimum Frontage	150 ft.	same as underlying zone	same as underlying zone
Minimum Building Setbacks	20 ft. from all property lines	same as underlying zone	same as underlying zone
Maximum Floor Area Ratio	0.20	0.30	0.35
Required Access	Collector or Arterial Street	Collector or Arterial Street (or any street in neighborhood center of TND)	Collector or Arterial Street (or any street in neighborhood center of TND)
Required Bufferyard Along Residential Property Lines if Floor Area of Use is Greater than 5,000 sf. (See Section 4-6-3-2, Standard Bufferyards)	30% opacity	20% opacity	20% opacity

Table 2-2-3-5E Standards for Places of Assembly in the RL, RM, and RH Zones
Standard	Zone
Standard	RL	RM	RH
Minimum Lot Area	2 ac.	25,000 sf. (no minimum in neighborhood center of TND)	20,000 sf. (no minimum in neighborhood center of TND)
Minimum Lot Width	150 ft.	same as underlying zone	same as underlying zone
Minimum Frontage	150 ft.	same as underlying zone	same as underlying zone
Minimum Building Setbacks	20 ft. from all property lines	same as underlying zone	same as underlying zone
Maximum Floor Area Ratio	0.20	0.30	0.35
Required Access	Collector or Arterial Street	Collector or Arterial Street (or any street in neighborhood center of TND)	Collector or Arterial Street (or any street in neighborhood center of TND)
Required Bufferyard Along Residential Property Lines if Floor Area of Use is Greater than 5,000 sf. (See Section 4-6-3-2, Standard Bufferyards)	30% opacity	20% opacity	20% opacity

Table 2-2-3-5E Standards for Places of Assembly in the RL, RM, and RH Zones
Standard	Zone
Standard	RL	RM	RH
Minimum Lot Area	2 ac.	25,000 sf. (no minimum in neighborhood center of TND)	20,000 sf. (no minimum in neighborhood center of TND)
Minimum Lot Width	150 ft.	same as underlying zone	same as underlying zone
Minimum Frontage	150 ft.	same as underlying zone	same as underlying zone
Minimum Building Setbacks	20 ft. from all property lines	same as underlying zone	same as underlying zone
Maximum Floor Area Ratio	0.20	0.30	0.35
Required Access	Collector or Arterial Street	Collector or Arterial Street (or any street in neighborhood center of TND)	Collector or Arterial Street (or any street in neighborhood center of TND)
Required Bufferyard Along Residential Property Lines if Floor Area of Use is Greater than 5,000 sf. (See Section 4-6-3-2, Standard Bufferyards)	30% opacity	20% opacity	20% opacity

1. 3.
  CB Zone.
  1. a.
    Floor Area. If the building fronts on Main Avenue, the ground floor area of the place of assembly shall not exceed 15,000 sf. (any amount of floor area is allowed on upper floors).
  2. b.
    Required Access. If the floor area of the use is larger than 8,000 sf., then access shall be taken from an arterial or collector street.
2. 4.
  CG, CR, and BP Zones. If the floor area of the use is larger than 20,000 sf., then the use must take access from an arterial or collector street.
3. 5.
  LI Zone.
  1. a.
    Required Access. If the floor area of the use is larger than 20,000 sf., then the use must take access from an arterial or collector street.
  2. b.
    Bufferyards. The following bufferyards are required (see Division 4-6-3, Buffering Requirements):
    i.
    Along street frontages, 10 percent opacity.
    ii.
    Along all other property lines, 20 percent opacity, unless a more opaque bufferyard is required by Division 4-6-3, Buffering Requirements.

H. Police or Fire Station. Police or Fire Stations may be allowed as a conditional use in the CB zone, provided the use is in conformance with all adopted City of Durango planning documents as follows:

1. Downtown Design Guidelines 2004, Design Guidelines for the Downtown Overlay District 2004, Downtown Vision and Strategic Plan 2006, Durango Comprehensive Plan 2017, City of Durango Strategic Plan 2021, Multimodal Transportation Plan 2021, Durango Midtown Urban Renewal Plan 2021, and any future related plans and as amended.

Effective on: 6/15/2022

Sec. 2-2-3-6 Standards for Education Uses

A.
Generally. The standards of this Section apply to education uses which are enumerated in Table 2-1-3-4, Institutional, Education, Protective Care, Natural Medicine, and Health Care, under the subheading "Education Uses," in instances where the use is shown as a special use ("S"), a limited use ("L"), or a conditional use ("C") in a particular zone. Note that other standards may also apply. See Section 2-2-1-2, Application of Article.
B.
All Educational Use Types (Except Elementary Schools). Access to the parcel proposed for development with an education use of any type, except elementary schools, shall be provided based on the design capacity of the proposed site, as follows:
1. 1.
  More than 250 Students Design Capacity. Arterial or collector.
2. 2.
  50 to 250 Students Design Capacity. Arterial or collector, or a local street, provided that the route between the access point and the nearest arterial or collector does not pass a single-family or duplex residential use.
3. 3.
  Less than 50 Students Design Capacity. Any street type.
C.
College, University, and Vocational School. College, university, and vocational school uses may be allowed as a limited use in the CB and MU-A zones if, in addition to the applicable standards of Subsection B., above, it is demonstrated that:
1. 1.
  Location. If the use fronts on Main Avenue, it occupies less than 7,500 sf. of the ground-level floor area. Any amount of upper-floor floor area is allowed.
2. 2.
  Use Restrictions. The use does not involve hands-on instruction in a trade that is not allowed in the zone in which the use is located. For example, auto repair instruction with hands-on training or demonstration on actual automobiles is not allowed because it relates to a prohibited use in the CB district (motor vehicle repairs and service, heavy and motor vehicle repairs and service, light); but cooking instruction is allowed because it relates to a permitted use (restaurant, no drive-in or drive-through).
D.
School, Boarding. Boarding schools may be allowed as a limited use in the EN-MF and RM zones and a special use in the RH and PB zones, if in addition to the applicable standards of Subsection B., above, the proposed use complies with the standards set out within Table 2-2-3-6A, Standards for Boarding Schools.

Table 2-2-3-6A Standards for Boarding Schools
Standard	Zone
Standard	EN-MF	RM	RH	PB
Minimum Lot / Parcel Area
Minimum Lot / Parcel Area	At least 1,500 sf. per student design capacity	10 acres	10 acres	Same as underlying zone
Limitation on Location
Location in Zone	Must be located on the site of an existing school or place of assembly, or on a lot or parcel that abuts an existing school or place of assembly (may expand into abutting property in the same zone)	No restriction other than lot / parcel area and required access	No restriction other than lot / parcel area and required access	No restriction other than lot / parcel area and required access
Lighting
Limitations on Lighting	No lighted athletic fields	NA	NA	NA
Parking
Location of Parking	Off-street parking on non-contiguous lots is not allowed	Off-street parking on non-contiguous lots is not allowed	Off-street parking on non-contiguous lots is not allowed	Off-street parking on non-contiguous lots is not allowed
Bufferyards (See Section 4-6-3-2, Standard Bufferyards)
Along Street Property Lines	10 percent opacity	10 percent opacity	10 percent opacity	10 percent opacity
Along Interior Property Lines	40 percent opacity	40 percent opacity	40 percent opacity	Same as underlying zone

Table 2-2-3-6A Standards for Boarding Schools
Standard	Zone
Standard	EN-MF	RM	RH	PB
Minimum Lot / Parcel Area
Minimum Lot / Parcel Area	At least 1,500 sf. per student design capacity	10 acres	10 acres	Same as underlying zone
Limitation on Location
Location in Zone	Must be located on the site of an existing school or place of assembly, or on a lot or parcel that abuts an existing school or place of assembly (may expand into abutting property in the same zone)	No restriction other than lot / parcel area and required access	No restriction other than lot / parcel area and required access	No restriction other than lot / parcel area and required access
Lighting
Limitations on Lighting	No lighted athletic fields	NA	NA	NA
Parking
Location of Parking	Off-street parking on non-contiguous lots is not allowed	Off-street parking on non-contiguous lots is not allowed	Off-street parking on non-contiguous lots is not allowed	Off-street parking on non-contiguous lots is not allowed
Bufferyards (See Section 4-6-3-2, Standard Bufferyards)
Along Street Property Lines	10 percent opacity	10 percent opacity	10 percent opacity	10 percent opacity
Along Interior Property Lines	40 percent opacity	40 percent opacity	40 percent opacity	Same as underlying zone

Table 2-2-3-6A Standards for Boarding Schools
Standard	Zone
Standard	EN-MF	RM	RH	PB
Minimum Lot / Parcel Area
Minimum Lot / Parcel Area	At least 1,500 sf. per student design capacity	10 acres	10 acres	Same as underlying zone
Limitation on Location
Location in Zone	Must be located on the site of an existing school or place of assembly, or on a lot or parcel that abuts an existing school or place of assembly (may expand into abutting property in the same zone)	No restriction other than lot / parcel area and required access	No restriction other than lot / parcel area and required access	No restriction other than lot / parcel area and required access
Lighting
Limitations on Lighting	No lighted athletic fields	NA	NA	NA
Parking
Location of Parking	Off-street parking on non-contiguous lots is not allowed	Off-street parking on non-contiguous lots is not allowed	Off-street parking on non-contiguous lots is not allowed	Off-street parking on non-contiguous lots is not allowed
Bufferyards (See Section 4-6-3-2, Standard Bufferyards)
Along Street Property Lines	10 percent opacity	10 percent opacity	10 percent opacity	10 percent opacity
Along Interior Property Lines	40 percent opacity	40 percent opacity	40 percent opacity	Same as underlying zone

Table 2-2-3-6A Standards for Boarding Schools
Standard	Zone
Standard	EN-MF	RM	RH	PB
Minimum Lot / Parcel Area
Minimum Lot / Parcel Area	At least 1,500 sf. per student design capacity	10 acres	10 acres	Same as underlying zone
Limitation on Location
Location in Zone	Must be located on the site of an existing school or place of assembly, or on a lot or parcel that abuts an existing school or place of assembly (may expand into abutting property in the same zone)	No restriction other than lot / parcel area and required access	No restriction other than lot / parcel area and required access	No restriction other than lot / parcel area and required access
Lighting
Limitations on Lighting	No lighted athletic fields	NA	NA	NA
Parking
Location of Parking	Off-street parking on non-contiguous lots is not allowed	Off-street parking on non-contiguous lots is not allowed	Off-street parking on non-contiguous lots is not allowed	Off-street parking on non-contiguous lots is not allowed
Bufferyards (See Section 4-6-3-2, Standard Bufferyards)
Along Street Property Lines	10 percent opacity	10 percent opacity	10 percent opacity	10 percent opacity
Along Interior Property Lines	40 percent opacity	40 percent opacity	40 percent opacity	Same as underlying zone

E.
School, Pre-School, Elementary, Middle, or High. Pre-school, elementary, middle, and high school uses are allowed according to that indicated in Table 2-1-3-4, Institutional, Education, Protective Care, Natural Medicine, and Health Care, in the EN, EN-MF, RL, RM, RH, MU-N, MU-A, CG, CR, PB, and CB zones, if, in addition to the applicable standards of Subsection B., above, provided that:
1. 1.
  The standards set out within Table 2-2-3-6B, Standards for Schools, are met.

Table 2-2-3-6B Standards for Schools
Zone	EN	EN-MF	RL	RM	RH	MU-N	MU-A	CG	CR	PB
TABLE NOTES: 1. If use is less than 10 acres, must demonstrate how land area is sufficient to meet educational program requirements. 2. Applies to middle schools only. High schools are not allowed in these zones. 3. Applies to middle and high schools only. Pre-schools and elementary schools are not allowed in these zones.
Minimum Lot / Parcel Area
Minimum Lot / Parcel Area for Pre-Schools and Elementary Schools	500 sf. per student design capacity¹	300 sf. per student design capacity¹	10 acres + 1 acre per 100 students design capacity			Not Allowed in These Zones				10 acres + 1 acre per 100 students design capacity
Minimum Lot / Parcel Area for Middle Schools	500 sf. per student design capacity¹	300 sf. per student design capacity¹	20 acres + 1 acre per 100 students design capacity			2,500 sf. per student design capacity or 2 acres, whichever is larger¹		20 acres + 1 acre per 100 students design capacity
Minimum Lot / Parcel Area for High Schools	Not Allowed in These Zones				30 acres + 1 acre per 100 students design capacity	1,500 sf. per student design capacity¹		30 acres + 1 acre per 100 students design capacity
Limitation on Location
Location in Zone	Middle schools must be located on the site of an existing school or place of assembly, or on a lot or parcel that abuts an existing school or place of assembly (may expand onto abutting property in the same zone)		No additional restrictions on location in these zones
Bufferyards (See Section 4-6-3-2, Standard Bufferyards)
Along Street Property Lines	10 percent opacity²	10 percent opacity²	10 percent opacity²	10 percent opacity²	10 percent opacity²	Same as underlying zone	Same as underlying zone	10 percent opacity³	10 percent opacity³	10 percent opacity
Along Interior Property Lines	40 percent opacity²	40 percent opacity²	40 percent opacity²	40 percent opacity²	40 percent opacity	Same as underlying zone	Same as underlying zone	40 percent opacity³	40 percent opacity³	Same as underlying zone

Table 2-2-3-6B Standards for Schools
Zone	EN	EN-MF	RL	RM	RH	MU-N	MU-A	CG	CR	PB
TABLE NOTES: 1. If use is less than 10 acres, must demonstrate how land area is sufficient to meet educational program requirements. 2. Applies to middle schools only. High schools are not allowed in these zones. 3. Applies to middle and high schools only. Pre-schools and elementary schools are not allowed in these zones.
Minimum Lot / Parcel Area
Minimum Lot / Parcel Area for Pre-Schools and Elementary Schools	500 sf. per student design capacity¹	300 sf. per student design capacity¹	10 acres + 1 acre per 100 students design capacity			Not Allowed in These Zones				10 acres + 1 acre per 100 students design capacity
Minimum Lot / Parcel Area for Middle Schools	500 sf. per student design capacity¹	300 sf. per student design capacity¹	20 acres + 1 acre per 100 students design capacity			2,500 sf. per student design capacity or 2 acres, whichever is larger¹		20 acres + 1 acre per 100 students design capacity
Minimum Lot / Parcel Area for High Schools	Not Allowed in These Zones				30 acres + 1 acre per 100 students design capacity	1,500 sf. per student design capacity¹		30 acres + 1 acre per 100 students design capacity
Limitation on Location
Location in Zone	Middle schools must be located on the site of an existing school or place of assembly, or on a lot or parcel that abuts an existing school or place of assembly (may expand onto abutting property in the same zone)		No additional restrictions on location in these zones
Bufferyards (See Section 4-6-3-2, Standard Bufferyards)
Along Street Property Lines	10 percent opacity²	10 percent opacity²	10 percent opacity²	10 percent opacity²	10 percent opacity²	Same as underlying zone	Same as underlying zone	10 percent opacity³	10 percent opacity³	10 percent opacity
Along Interior Property Lines	40 percent opacity²	40 percent opacity²	40 percent opacity²	40 percent opacity²	40 percent opacity	Same as underlying zone	Same as underlying zone	40 percent opacity³	40 percent opacity³	Same as underlying zone

Table 2-2-3-6B Standards for Schools
Zone	EN	EN-MF	RL	RM	RH	MU-N	MU-A	CG	CR	PB
TABLE NOTES: 1. If use is less than 10 acres, must demonstrate how land area is sufficient to meet educational program requirements. 2. Applies to middle schools only. High schools are not allowed in these zones. 3. Applies to middle and high schools only. Pre-schools and elementary schools are not allowed in these zones.
Minimum Lot / Parcel Area
Minimum Lot / Parcel Area for Pre-Schools and Elementary Schools	500 sf. per student design capacity¹	300 sf. per student design capacity¹	10 acres + 1 acre per 100 students design capacity			Not Allowed in These Zones				10 acres + 1 acre per 100 students design capacity
Minimum Lot / Parcel Area for Middle Schools	500 sf. per student design capacity¹	300 sf. per student design capacity¹	20 acres + 1 acre per 100 students design capacity			2,500 sf. per student design capacity or 2 acres, whichever is larger¹		20 acres + 1 acre per 100 students design capacity
Minimum Lot / Parcel Area for High Schools	Not Allowed in These Zones				30 acres + 1 acre per 100 students design capacity	1,500 sf. per student design capacity¹		30 acres + 1 acre per 100 students design capacity
Limitation on Location
Location in Zone	Middle schools must be located on the site of an existing school or place of assembly, or on a lot or parcel that abuts an existing school or place of assembly (may expand onto abutting property in the same zone)		No additional restrictions on location in these zones
Bufferyards (See Section 4-6-3-2, Standard Bufferyards)
Along Street Property Lines	10 percent opacity²	10 percent opacity²	10 percent opacity²	10 percent opacity²	10 percent opacity²	Same as underlying zone	Same as underlying zone	10 percent opacity³	10 percent opacity³	10 percent opacity
Along Interior Property Lines	40 percent opacity²	40 percent opacity²	40 percent opacity²	40 percent opacity²	40 percent opacity	Same as underlying zone	Same as underlying zone	40 percent opacity³	40 percent opacity³	Same as underlying zone

Table 2-2-3-6B Standards for Schools
Zone	EN	EN-MF	RL	RM	RH	MU-N	MU-A	CG	CR	PB
TABLE NOTES: 1. If use is less than 10 acres, must demonstrate how land area is sufficient to meet educational program requirements. 2. Applies to middle schools only. High schools are not allowed in these zones. 3. Applies to middle and high schools only. Pre-schools and elementary schools are not allowed in these zones.
Minimum Lot / Parcel Area
Minimum Lot / Parcel Area for Pre-Schools and Elementary Schools	500 sf. per student design capacity¹	300 sf. per student design capacity¹	10 acres + 1 acre per 100 students design capacity			Not Allowed in These Zones				10 acres + 1 acre per 100 students design capacity
Minimum Lot / Parcel Area for Middle Schools	500 sf. per student design capacity¹	300 sf. per student design capacity¹	20 acres + 1 acre per 100 students design capacity			2,500 sf. per student design capacity or 2 acres, whichever is larger¹		20 acres + 1 acre per 100 students design capacity
Minimum Lot / Parcel Area for High Schools	Not Allowed in These Zones				30 acres + 1 acre per 100 students design capacity	1,500 sf. per student design capacity¹		30 acres + 1 acre per 100 students design capacity
Limitation on Location
Location in Zone	Middle schools must be located on the site of an existing school or place of assembly, or on a lot or parcel that abuts an existing school or place of assembly (may expand onto abutting property in the same zone)		No additional restrictions on location in these zones
Bufferyards (See Section 4-6-3-2, Standard Bufferyards)
Along Street Property Lines	10 percent opacity²	10 percent opacity²	10 percent opacity²	10 percent opacity²	10 percent opacity²	Same as underlying zone	Same as underlying zone	10 percent opacity³	10 percent opacity³	10 percent opacity
Along Interior Property Lines	40 percent opacity²	40 percent opacity²	40 percent opacity²	40 percent opacity²	40 percent opacity	Same as underlying zone	Same as underlying zone	40 percent opacity³	40 percent opacity³	Same as underlying zone

1. 2.
  In the CB zone, pre-schools, elementary schools, middle schools, and high schools are allowed, provided that they are not located on the ground floor of buildings that front on Main Avenue south of 12th Street.

Effective on: 12/4/2024

Sec. 2-2-3-7 Standards for Protective Care and Shelter Uses

A.
Generally. The standards of this Section apply to protective care and shelter uses which are enumerated in Table 2-1-3-4, Institutional, Education, Protective Care, Natural Medicine, and Health Care, under the subheading "Protective Care, Safehouse, and Shelter Uses," in instances where the use is shown as a special use ("S"), a limited use ("L"), or a conditional use ("C") in a particular zone. Note that other standards may also apply. See Section 2-2-1-2, Application of Article.
B.
Protective Care. Protective care uses may be allowed as a conditional use in the LI zone and a limited use in the PB zone, if, in addition to the other applicable standards of this LUDC, compliance with the following standards is demonstrated:
1. 1.
  Minimum Lot / Parcel Dimensions.
  1. a.
    Minimum Lot / Parcel Area: 10 ac.
  2. b.
    Minimum Lot Width: 500 ft.
2. 2.
  Minimum Setbacks. The use shall be set back from all property lines at least 50 ft.
3. 3.
  Minimum Spacing. The use shall be spaced not less than 1,000 feet, measured in a straight line from property line to property line of the respective uses, from the following uses:
  1. a.
    Residential uses;
  2. b.
    Places of assembly;
  3. c.
    Schools (any type); and
  4. d.
    Libraries.
4. 4.
  Limitation on Location. No property line of a protective care use shall also be a boundary line of a zone, unless the boundary is:
  1. a.
    A municipal boundary line;
  2. b.
    A boundary with an LI. OS, or RA zone.
5. 5.
  Bufferyards. Bufferyards shall be provided along property lines as follows:
  1. a.
    Street Property Lines: 20 percent opacity.
  2. b.
    Interior Property Lines: 40 percent opacity.
6. 6.
  Other Requirements. An emergency response plan shall be provided to the Department. (See Section 6-3-8-3, Emergency Response Plans Required.)
C.
Shelter. Shelter uses may be allowed as a conditional use in the EN-MF and MU-N zones, and as a limited use in the RH, MU-A, RA, and PB zones, if, in addition to the other applicable standards of this LUDC, compliance with the following standards is demonstrated:
1. 1.
  Spacing from Other Shelters. Shelters shall be spaced from other shelters by a distance of at least 1,000 feet, measured in a straight line between the closest property lines. Shelters within the PB zone are neither subject to nor included in these spacing requirements.
2. 2.
  Required Access. If services are provided to more than 10 people at a time, access shall be taken from a collector or arterial street.
3. 3.
  Bufferyards. If services are provided to more than 10 people at a time, bufferyards shall be provided along property lines as follows:
  1. a.
    Street Property Lines: 10 percent opacity.
  2. b.
    Interior Property Lines: 40 percent opacity. (See Section 4-6-3-2, Standard Bufferyards.)

Effective on: 12/4/2024

Sec. 2-2-3-8 Standards for Health Care Uses

A.
Generally. The standards of this Section apply to health care uses which are enumerated in Table 2-1-3-4, Institutional, Education, Protective Care, Natural Medicine, and Health Care, under the subheading "Health Care Uses," in instances where the use is shown as a special use ("S"), a limited use ("L"), or a conditional use ("C") in a particular zone. Note that other standards may also apply. See Sec. 2-2-1-2, Application of Article.
B.
Assisted Living and Congregate Care. Assisted living and congregate care uses may be allowed as a limited use in the EN-1, EN-2, EN-3 EN-4, EN-5, EN-MF, RL, MU-N, MU-A, and PB zones, as a special use in the RM and RH zones and as a conditional use in the CG and CR zones, if, in addition to the other applicable standards of this LUDC, compliance with the standards of this Section is demonstrated.**
1. 1.
  Location. In the EN-1, EN-2, EN-3, EN-4, and EN-5 zones, the parcel proposed for development must abut a nonresidential zone (CG, CR, BP, or LI zones).
2. 2.
  Required Access. Access to the parcel proposed for development with an assisted living facility or congregate care facility of any type shallbe provided based on the residential capacity of the facility, as follows:
  1. a.
    More than eight Residents: Arterial or collector street, or a local street, provided that the route between the access point and the nearest arterial or collector street does not pass a single-family or duplex residential use.
  2. b.
    Eight or Fewer Residents: Any street type.
3. 3.
  Standards. Standards for lot area, outdoor recreation and leisure space, and spacing are set out in Table 2-2-3-8, Standards for Assisted Living and Congregate Care

Table 2-2-3-8 Standards for Assisted Living and Congregate Care
Standard	Zone
Standard	EN (1, 2, 3, 4, 5)	EN-MF	RL	RM	RH	MU-N	MU-A	CG	CR	PB
TABLE NOTES: 1. No minimum if located in the neighborhood center subdistrict of a traditional neighborhood development ("TND"). See Section 4-1-3-7, Traditional Neighborhood Developments NA = Not Applicable
Minimum lot area	NA	15,000 sf.	2.5 ac.	1 ac.¹	NA			2 ac.	2.5 ac.
Minimum outdoor recreation and leisure area	20 percent of lot area	5 percent of lot area	75 sf. per resident capacity	50 sf. per resident capacity	50 sf. per resident capacity	50 sf. per resident capacity	50 sf. per resident capacity	75 sf. per resident capacity	75 sf. per resident capacity	75 sf. per resident capacity
Minimum spacing from other assisted living and congregate care facilities in any zone, measured in a straight line between nearest property lines	250 ft.	250 ft.	NA

Table 2-2-3-8 Standards for Assisted Living and Congregate Care
Standard	Zone
Standard	EN (1, 2, 3, 4, 5)	EN-MF	RL	RM	RH	MU-N	MU-A	CG	CR	PB
TABLE NOTES: 1. No minimum if located in the neighborhood center subdistrict of a traditional neighborhood development ("TND"). See Section 4-1-3-7, Traditional Neighborhood Developments NA = Not Applicable
Minimum lot area	NA	15,000 sf.	2.5 ac.	1 ac.¹	NA			2 ac.	2.5 ac.
Minimum outdoor recreation and leisure area	20 percent of lot area	5 percent of lot area	75 sf. per resident capacity	50 sf. per resident capacity	50 sf. per resident capacity	50 sf. per resident capacity	50 sf. per resident capacity	75 sf. per resident capacity	75 sf. per resident capacity	75 sf. per resident capacity
Minimum spacing from other assisted living and congregate care facilities in any zone, measured in a straight line between nearest property lines	250 ft.	250 ft.	NA

Table 2-2-3-8 Standards for Assisted Living and Congregate Care
Standard	Zone
Standard	EN (1, 2, 3, 4, 5)	EN-MF	RL	RM	RH	MU-N	MU-A	CG	CR	PB
TABLE NOTES: 1. No minimum if located in the neighborhood center subdistrict of a traditional neighborhood development ("TND"). See Section 4-1-3-7, Traditional Neighborhood Developments NA = Not Applicable
Minimum lot area	NA	15,000 sf.	2.5 ac.	1 ac.¹	NA			2 ac.	2.5 ac.
Minimum outdoor recreation and leisure area	20 percent of lot area	5 percent of lot area	75 sf. per resident capacity	50 sf. per resident capacity	50 sf. per resident capacity	50 sf. per resident capacity	50 sf. per resident capacity	75 sf. per resident capacity	75 sf. per resident capacity	75 sf. per resident capacity
Minimum spacing from other assisted living and congregate care facilities in any zone, measured in a straight line between nearest property lines	250 ft.	250 ft.	NA

Table 2-2-3-8 Standards for Assisted Living and Congregate Care
Standard	Zone
Standard	EN (1, 2, 3, 4, 5)	EN-MF	RL	RM	RH	MU-N	MU-A	CG	CR	PB
TABLE NOTES: 1. No minimum if located in the neighborhood center subdistrict of a traditional neighborhood development ("TND"). See Section 4-1-3-7, Traditional Neighborhood Developments NA = Not Applicable
Minimum lot area	NA	15,000 sf.	2.5 ac.	1 ac.¹	NA			2 ac.	2.5 ac.
Minimum outdoor recreation and leisure area	20 percent of lot area	5 percent of lot area	75 sf. per resident capacity	50 sf. per resident capacity	50 sf. per resident capacity	50 sf. per resident capacity	50 sf. per resident capacity	75 sf. per resident capacity	75 sf. per resident capacity	75 sf. per resident capacity
Minimum spacing from other assisted living and congregate care facilities in any zone, measured in a straight line between nearest property lines	250 ft.	250 ft.	NA

1. 4.
  Building Standards. All assisted living and congregate care facilities must meet current building and fire codes and Americans with Disabilities Act (ADA) design requirements at the time the use is established.
C.
Hospitals / Clinics / Medical Labs / Urgent Care. Clinics, medical labs, and urgent care facilities (but not hospitals) are allowed as limited uses in the RM and RH zones provided that they are located in the mixed-use center of a traditional neighborhood development.
D.
Medical Offices. Medical offices may be allowed as a limited use in the LI zone if, in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. 1.
  Limitation on Location. To prevent the conversion of Light Industrial uses to medical offices, new medical offices must be located on a site where Medical Office or General Office is the existing principal use.
2. 2.
  Parking.
  1. a.
    The applicant must complete a special parking study that indicates the parcel proposed for development will provide adequate parking for the use.
  2. b.
    Parking shall be designed using the following standards:
    i.
    Adequate pedestrian walkways are provided from the parking spaces to the building; and
    ii.
    On-site loading and unloading is separated from the parking area and pedestrian walkways.
E.
Nursing Homes. Nursing homes may be allowed as a limited use in the EN-MF, RM, MU-N, MU-A, and RA zones and are allowed as a special use in the RH and BP zones, if, in addition to the other applicable standards of this LUDC, compliance with the following standards is demonstrated:
1. 1.
  Location and Required Access.
  1. a.
    In the EN-MF, MU-N, MU-A, BP, and RA zones, access to the use shall be from a collector or arterial street.
  2. b.
    In the BP zone, the use must be part of a hospital campus or be located within 1,320 feet (measured as the shortest door-to-door route along a street, sidewalk, or trail) of an existing or approved hospital.
  3. c.
    In the RM and RH zones, the parcel proposed for development must be situated such that it:
    i.
    Abuts a nonresidential or mixed-use zone and fronts on a collector or arterial street; or
    ii.
    Is located in the mixed-use center of a traditional neighborhood development; or
    iii.
    Is located at the intersection of two arterial streets, an arterial and collector street, or two collector streets.
2. 2.
  Building and Intensity Standards.
  1. a.
    All nursing homes must meet current building and fire codes and Americans with Disabilities Act (ADA) design requirements at the time the use is established.
  2. b.
    In the RA zone, the floor area ratio (FAR) shall not exceed 0.10.
  3. c.
    In the EN-MF zone, the use shall comply with building standards for multifamily buildings or be an adaptive re-use of an existing multifamily building.
3. 3.
  Required Bufferyards.
  1. a.
    EN-MF, MU-N, and MU-A Zones. If the floor area of the use is larger than 5,000 sf.; or the floor area of the use is larger than 3,000 sf. and the use abuts an EN-1, EN-2, EN-3, EN-4, EN-5, or EN-6 zone, then the following bufferyards shall be installed along interior property lines:
    i.
    EN-MF zone: 40 percent opacity
    ii.
    MU-N zone: 30 percent opacity
    iii.
    MU-A zone: 20 percent opacity
  2. b.
    RM and RH Zones. In the RM and RH zones, a 30 percent opacity bufferyard shall be installed along all interior property lines, and a 10 percent opacity bufferyard shall be installed along street frontages.
  3. c.
    BP Zone. If the use is not part of a hospital campus, then a 20 percent opacity bufferyard shall be installed along all interior property lines, and a 10 percent opacity bufferyard shall be installed along street frontages.
4. 4.
  Outdoor Recreation and Leisure Area.
  1. a.
    EN-MF Zone. Five percent of the lot area
  2. b.
    RM, RH, MU-N, and MU-A Zones. 50 sf. per resident
  3. c.
    BP Zone. 75 sf. per resident
  4. d.
    RA Zone. 150 sf. per resident

Effective on: 12/4/2024

Sec. 2-2-3-9 Standards for Commercial Retail and Service Uses

Generally. The standards of this Section apply to commercial retail and service uses which are enumerated in Table 2-1-3-5, Commercial Retail and Service, Marijuana, and Restaurant Uses, under the subheading "Commercial Retail and Service Uses," in instances where the use is shown as a special use ("S"), a limited use ("L"), or a conditional use ("C") in a particular zone. Note that other standards may also apply. See Sec. 2-2-1-2, Application of Article.
Alcoholic Beverage Sales, On-Premises Consumption. Alcoholic beverage sales, on-premise consumption uses are allowed as a limited use in the LI zone if, in addition to the other applicable standards of this LUDC, compliance with the following standards is demonstrated:
1. The sale of alcoholic beverages on-premise, within the City, at a location within 500 feet of any place of public assembly, or within 1,000 feet of a public or private school, receives approval from the governing body of a school district or private school. The measurement of the distance between the place of business where alcoholic beverages are sold and the place of public assembly or public or private school shall be in a direct line from the property line of the place of business to the nearest property line of the place of public assembly or public or private school.
2. When the premises of an alcoholic beverage sales establishment abuts a residential zone (EN, EN-MF, RL, RM, or RH Zones) the structure(s) shall be at least 50 feet and all off-street parking shall be at least 20 feet from the nearest point within that residential zone.
3. As the authorized representative responsible for approving the limited use, the Administrator, or a designee, may restrict the hours of outdoor operation of an alcoholic beverage sales establishment when it is determined that the noise, glare, or traffic might adversely impact a nearby residential neighborhood or use.
Brewing / Distillery / Winery, Production with On-Premises Consumption. Production of beer, wine, and spirits with on-premises consumption may be allowed as a limited use in the CB, MU-N, MU-A, CG, CR and LI zones, if in addition to the other applicable standards of this LUDC, compliance with the following standards is demonstrated:
1. Truck Routing Plan. If the use will involve more than two pick ups or deliveries per week by a semi-trailer, a truck routing plan is required (See Appendix C, Mitigation Plans).
2. Odor Management. The use will not create offensive odors which are perceptible from other properties.
3. On-Premise Consumption. The area devoted to on-site consumption and must meet the following:
  1. Must be located at the primary entrance within the building, the primary entrance must meet the standards of Section 3-4-4-3, Building Entrances;
  2. Shall provide street-level transparency, such that not less than 60 percent of the area of street-facing facades at a height between two feet and eight feet above the adjacent grade is composed of windows or glass doors; and
  3. Must utilize at least 25 percent of the gross floor area.
Commercial Retail. Commercial retail uses are allowed as a special use in the BP zone if, in addition to the other applicable standards of this LUDC, the commercial retail use is of a type that:
1. Serves other uses, or employees of other uses, in the same contiguous BP zone (e.g., hospital gift shop, contractors' supply store, etc.);
2. Principally sells items that are manufactured on-site (e.g., brewery selling beer or chocolate manufacturer selling chocolate products); or
3. The commercial retail use is incidental and accessory to another permitted use (e.g., personal care products sold at a salon, hospital pharmacy, etc.).
Commercial Retail, Drive-in or Drive-Through. Commercial retail, drive-in or drive-through may be allowed as a limited use in the MU-N and MU-A zones and as a special use in the BP zone if, in addition to the other applicable standards of this LUDC, compliance with the following standards is demonstrated:
1. In all zones, where the use abuts any residential zone, the ordering/communication station shall be buffered with a six foot wall, in addition to the required bufferyard, to reduce noise transmission.
2. In the MU-N and MU-A zones, drive-in facilities shall be designed and configured such that the service area and outdoor speakers are directed away from any abutting properties that are occupied or zoned for residential uses, or a 50 percent opacity bufferyard, including a fence or wall, shall screen the drive-in facility from such residential properties.
3. In the BP zone, drive-in facilities are prohibited. Drive-through facilities are permitted if it is demonstrated that:
  1. The drive-through facilities are accessory to an office use (e.g., a bank).
  2. A 50 percent opacity bufferyard, including a fence or wall, screens the drive-through facility from abutting properties that are occupied or zoned for residential use; and
  3. The drive-through facilities are designed and configured such that the service area and outdoor speakers are directed away from any abutting properties that are occupied or zoned for residential use;
Commercial Retail. Late Night / 24-Hour. Commercial retail, late night / 24 hour uses may be allowed as a limited use in the CB, MU-N, and MU-A zones, and as a special use in the BP zone, if in addition to the other applicable standards of this LUDC, the impacts of lighting, noise, parking, and loading are mitigated as follows:
1. Lighting. Exterior lighting shall be in accordance with the standards of Division 4-3-2, Lighting.
2. Noise. Exterior loudspeakers, if present, shall not be audible off-site:
  1. Between the hours of 9:00 PM and 6:30 AM in the MU-N zone; or
  2. Between the hours of 11:00 PM and 6:30 AM in the MU-A, BP, and CB zones.
3. Parking. Parking areas shall be screened from abutting lots that are used for residential purposes:
  1. With opaque walls that are not less than five feet in height;
  2. By a grade change such that the parking lot surface is five feet or more below the elevation of the finished floor of buildings on abutting lots used for residential purposes; or
  3. A combination of a. and b. above that produces an equivalent result with respect to the screening of headlights.
4. Loading. If the use abuts residential property, loading is not allowed between the hours of 8:00 PM and 6:30 AM.
Handcrafted Small Scale Food and Beverage Production with On-Premise Consumption or Sales. Production of food and beverages with on-premises consumption may be allowed as a limited use in the CB, MU-N, MU-A, CG, CR and LI zones, if in addition to the other applicable standards of this LUDC, compliance with the following standards is demonstrated:
1. On-Premise Consumption or Sales. The area devoted to on-site consumption and /or sales must meet the following:
  1. Must be located at the primary entrance within the building, the primary entrance must meet the standards of Section 3-4-4-3, Building Entrances;
  2. Shall provide street-level transparency, such that not less than 60 percent of the area of street-facing facades at a height between two feet and eight feet above the adjacent grade is composed of windows or glass doors; and
  3. Must utilize at least 25 percent of the gross floor area.
2. Odor Management. The use will not create offensive odors which are perceptible from other properties or nearby residential zones.
3. On-site truck loading and unloading. The loading and unloading of trucks is separated from the parking area and pedestrian walkways.
4. Truck traffic. The use shall not generate truck traffic in excess of one small delivery vehicle per day.
Handicraft Shops with On-Premise Sales. Production of custom crafted goods and/or services for sale directly to the consumer may be allowed as a limited use in the CB, MU-N, MU-A, CG, CR and LI zones, if in addition to the other applicable standards of this LUDC, compliance with the following standards is demonstrated:
1. On-Premise Sales. The area devoted to on-site sales, demonstrations, classes, or public activities must meet the following:
  1. Must be located at the primary entrance within the building, the primary entrance must meet the standards of Section 3-4-4-3, Building Entrances;
  2. Shall provide street-level transparency, such that not less than 30 percent of the area of street-facing facades at a height between two feet and eight feet above the adjacent grade is composed of windows or glass doors; or be in keeping with the architectural character of the immediate vicinity; and
  3. Must utilize at least 25 percent of the gross floor area.
2. Odor Management. The use will not create offensive odors which are perceptible from other properties or nearby residential zones.
3. Noise Management. The use will not create noise which is perceptible from other properties.
4. On-site truck loading and unloading. The loading and unloading of trucks is separated from the parking area and pedestrian walkways.
5. Truck traffic.
  1. The use shall not generate truck traffic in excess of one small delivery vehicle per day.
  2. Truck Routing Plan. If the use will involve more than two pick ups or deliveries per week by a semi-trailer, a truck routing plan is required (See Appendix C, Mitigation Plans).
Kennel. Kennels may be allowed as limited uses in the CR and LI zones, and as a conditional use in the CG and RA zone, if in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. Limitations on Dog Runs. If the use includes one or more dog runs, then:
  1. The minimum lot or parcel area allocated to the use is one acre.
  2. The use is located at least 200 feet from residential zone boundaries.
  3. Fencing for dog runs does not exceed six feet in height in the CG, CR, and RA zones, and eight feet in height in the LI zone.
  4. Dog runs will not be used after 7:00 p.m. or before 7:00 a.m.
  5. In the CG and CR zones, dog runs are screened from abutting properties and rights-of-way by a 50 percent opacity bufferyard that includes an opaque fence or wall.
2. Limitations on Noise. If the use is located less than 100 feet from residential zone boundaries, the building is soundproofed so that barking dogs are not audible at the property line.
Mixed-Use. Mixed-use development is allowed as a special use in the CB, MU-N, MU-A, CG, and CR zones, and may be allowed as a limited use in the BP zone if, in addition to the other applicable standards of this LUDC, compliance with the standards of this Section is demonstrated.
1. Special, Limited, and Conditional Uses. Special, limited, or conditional uses within mixed-use development shall meet the applicable standards of this Division.
2. Limitations on Use. In the BP zone, dwelling units (if provided) are principally designed in terms of product type and cost (rent or sales price) for use by employees who work within the business park.
3. Location and Design. In the CB zone, the use is located and designed as follows:
  1. There is no direct internal access between a dwelling unit and a nonresidential use;
  2. The dwelling units are accessed from the street via a secure door or gate that leads to a hallway, staircase, or courtyard; and
  3. Dwelling units that are located on the ground floor are behind one or more ground-floor nonresidential uses.
4. Required Outdoor Recreation and Leisure Area. Mixed-use development shall meet the requirements for outdoor recreation and leisure area which are applicable to multifamily development in the same zone. See Section 2-4-2-2, Residential Density, Open Space, and Recreation and Leisure Area.
Office, General. Office, general is allowed in the LI zone if, in addition to the other applicable standards of this LUDC, compliance with the standards of this Section is demonstrated.
1. Limitations on Use. General office uses in the LI zone are limited to the following categories:
  1. Office uses that are related to an industrial use in the same contiguous LI zone (e.g., administration of an industrial use); or
  2. Office uses that are of a type that principally serve industrial uses (e.g., offices of consulting engineers).
Outdoor Retail, Heavy. Heavy outdoor retail may be allowed as a limited use in the CG zone and as a special use in the LI zone if, in addition to the other applicable standards of this LUDC, compliance with the standards of this Section is demonstrated.
1. Limitations on Use. In the LI zone, the use involves the sale of a single category of merchandise that is characterized by one or more of the following:
  1. Lease or sale of goods or equipment to businesses that are allowed in the LI zone; or
  2. Sale of goods manufactured on-site.
2. Buffering from Residential Uses and Zones. In the CG and LI zones, the use is:
  1. Spaced at least 500 feet from:
    1. Property lines of land used for residential purposes (including mixed-use that includes dwelling units); and
    2. Boundaries of residential zones; or
  2. Buffered from property zoned or used for residential purposes by a 50 percent opacity bufferyard that includes an eight-foot tall masonry wall in the LI zone and a six-foot tall masonry wall in the CG zone, provided that it is demonstrated that the wall will not materially disrupt wildlife movement or divert significant numbers of animals into residential zones (a wildlife impact study may be required for this purpose).
3. Buffering from Streets and Abutting Nonresidential Property.
  1. In the CG zone, outdoor areas used for merchandise display are buffered from streets and abutting nonresidential property with a 30 percent opacity bufferyard.
  2. In the LI zone, outdoor areas used for merchandise display are buffered from streets with a 40 percent opacity bufferyard. (See Section 4-6-3-2, Standard Bufferyards).
Outdoor Retail, Light. Light outdoor retail may be allowed as a limited use in the CB, MU-N, MU-A, CG, and BP zones if in addition to the other applicable standards of this LUDC, compliance with the standards of this Section is demonstrated. Commercial use of rooftops is subject to the standards of Section 2-3-2-1, Commercial Use of Rooftops, and not this Section.
1. Limitations on Use. In the CB, MU-N, MU-A, and BP zones, permanent flea market facilities are not allowed.
2. Setbacks. The use is set back from all property lines as follows:
  1. CB zone: 5 ft.
  2. MU-N zone: 20 ft.
  3. MU-A zone: 30 ft.
  4. CG zone: 50 ft.
  5. BP zone: 50 ft.
3. Design.
  1. The use shall not restrict or obstruct access to buildings or parking areas.
  2. In the CB, MU-N, MU-A, and BP zones, merchandise shall not be stacked or shelved to a height of more than six feet.
  3. In the CB zone, areas used for permanent outdoor retail sales, except farmers' markets, shall be located in courtyards or open atriums that are defined by building walls on at least two sides.
4. Buffering from Streets and Abutting Property. In the MU-N, MU-A, CG, and BP zones, outdoor areas used for merchandise display are buffered from streets with a 10 percent opacity bufferyard and from abutting property with a 30 percent opacity bufferyard.
Services, Commercial. Commercial services may be allowed as a limited use in the LI zone if in addition to the other applicable standards of this LUDC, compliance with the standards of this Section is demonstrated.
1. Limitations on Use. The use is limited to one or more of the following categories:
  1. The category of commercial services is one that principally serves other uses in the same contiguous LI zone (e.g., blueprinting or business machine repair); or
  2. The commercial service use is accessory to a permitted use (e.g., repair of products that are manufactured on-site).
2. Limitations on Signage. For uses that meet the criterion of Subsection L.1.a., above, signage shall not be visible from outside of the LI zone.
Services, Personal. Personal services may be allowed as a limited use in the BP and LI zones if in addition to the other applicable standards of this LUDC, compliance with the standards of this Section is demonstrated.
1. Limitation on Location. The use shall be located inside of a multi-tenant building, such that public access to the use is from within the building.
2. Limitation on Signage. Signage for the use shall not be visible from outside of the building.
Veterinarian, Small Animal. Veterinarian, small animal is allowed as a special use in the CB and BP zones, a limited use in the LI zone, and a conditional use in the RA zone, if in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. RA Zone. In the RA zone, the following criteria are met:
  1. Floor Area Limitation. The gross floor area of the use is not more than the smaller of:
    1. 5,000 sf.; or
    2. 7.5 percent of the area of the parcel proposed for development.
  2. Kennels. Kennels, if present, must comply with the standards of Subsection H., above.
2. CB, BP, and LI Zones. The following standards apply:
  1. Location. The use shall not be located in a mixed-use building that contains dwelling units.
  2. Noise. Noise from the use shall not be audible outside of the space in which the use is located, or, if the use is located in a free-standing, single-use building, noise from the use shall not be audible at the property line.
  3. Kennels.
    1. Kennels and dog runs are not allowed in the CB and BP zones.
    2. In the LI zone, kennels, if present, must comply with the standards of Subsection G., above.
  4. Design. If the use is located in a multi-tenant building, ventilation systems control odors and allergens and prevent their circulation into other parts of the building.
  5. Parking. In the CB zone, at least 33 percent of the required parking for the use must be provided on-site.

Effective on: 12/6/2017

Sec. 2-2-3-10 Standards for Marijuana Uses

A.
Generally. The standards of this Section apply to marijuana uses which are enumerated in Table 2-1-3-5, Commercial Retail and Service, Marijuana, and Restaurant Uses, under the subheading "Marijuana Uses," in instances where the use is shown as a special use ("S"), a limited use ("L"), or a conditional use ("C") in a particular zone. Note that other standards also also apply to marijuana uses including Article VIII of Chapter 13 of the City’s Municipal Code. See Sec. 2-2-1-2, Application of Article.
B.
Acknowledgment of City Policy on Marijuana Uses. No marijuana use shall be established unless the applicant executes an acknowledgment that he or she has read and accepts the City's policy on marijuana uses, which is set out in Section 1-1-1-3, Statement of Policy with Respect to Marijuana Uses.
C.
Medical Marijuana Center.
1. 1.
  It shall be unlawful to operate a Medical Marijuana Business outside of an enclosed space, capable of being locked within a building. All Medical Marijuana Business licenses shall be issued for specific fixed location within an enclosed building. The portion of such premises upon which the submitted floor plan shows that Medical Marijuana may be stored or sold shall be considered the “restricted area” portion of the businesses.
2. 2.
  Within all zones, no new Medical Marijuana Center shall be located within two-hundred and fifty (250) feet of a parcel on which is located any other Medical Marijuana Center or Retail Marijuana Store. The two-hundred and fifty (250) foot buffer shall be measured from the boundaries of the legally described parcel on which a Marijuana Business is located to any point of the proposed parcel for a new Marijuana Business. If the two-hundred and fifty (250) foot buffer touches any part of a parcel, that entire parcel is not allowed to contain a Marijuana Business. Condominium properties shall be measured from the original legal parcel of the condo project, which will include the perimeter of all the condo units and any common areas.
  In the Central Business District (CBD), not more than one Medical Marijuana Center or Retail Marijuana Store shall be located on a block. A block is established by a legal recorded plat or is an area bounded by four (4) City streets. In addition, not more than one Medical Marijuana Center or Retail Marijuana Store shall be located on all properties or lots that abut any Street Segment. For corner lots, this standard applies to both Street Segments that abut the corner lot, and only one Medical Marijuana Center or Retail Marijuana Store is permitted on the corner lots that abut the intersection.
  Nothing contained in this section shall prevent the co-location of a Medical Marijuana Center and Retail Marijuana Store in the same licensed location.
3. 3.
  Medical Marijuana Centers shall be allowed in mixed use buildings that include residential uses provided that they are otherwise in compliance with all requirements of this Article, the Codes of the City of Durango and any other applicable law, rule or regulation, and provided that the Medical Marijuana Business is not located on the same floor as a residential use and is accessed from the street or alley by an entrance separate from the street or alley access to any residential unit.
4. 4.
  No Medical Marijuana Business license shall be issued for a Medical Marijuana Business at a location within 1,000 feet of any School, an addiction recovery facility, or residential child care facility; or within 250 feet of a dedicated public park that contains children’s playground equipment, or any other facility identified in this Division 2 or in state law that requires a distance separation from a licensed Medical Marijuana Business.
5. 5.
  No Medical Marijuana Business license shall be issued for a location that has, within two years immediately preceding the date of the application, been denied by the Durango Local Licensing Authority or the state licensing authority for a Medical Marijuana Business or a Retail Marijuana Establishment due to a concern related to location.
6. 6.
  The measuring of distances for separations required by this Division shall be completed by the city utilizing official maps and shall be determined by measuring from the closest point on the perimeter of the Applicant’s property to the closest point of the property of any facility or use requiring separation pursuant to subsection (d) of this section.
7. 7.
  An Applicant may make a request to the Durango Local licensing Authority to grant a variance of up to 10% from the distance required in subsection (d) of this section for the separation between a Medical Marijuana Business and public parks which contain playground equipment and the Durango Local Licensing Authority may grant such a variance if it finds that the location of the Medical Marijuana Business is separated from the public park by a natural or man-made feature or barrier that tends to physically and visually separate the Medical Marijuana Business from the public park or from children using the park.
8. 8.
  A Medical Marijuana Business license may not be issued for any location which is also part of the licensed premises of a business holding an alcoholic beverage license pursuant to Chapter 3, Alcoholic Beverages, of the City's Municipal Code.
9. 9.
  It shall be unlawful for the owner of a building to lease space to or allow the use of any portion of the building by a Medical Marijuana Business unless the tenant has a valid Medical Marijuana Business license or has applied for and not been denied a Medical Marijuana Business license. No marijuana shall be allowed on the leased premises until a Medical Marijuana Business license has been issued by the City. In the event that the City has an articulable reason to believe that a Medical Marijuana Business is being operated within a building, it shall be unlawful for the owner of the building to refuse to allow the City access to the portion of the building in which the suspected Medical Marijuana Business is located to determine whether any marijuana is on the premises.
10. 10.
  Medical Marijuana Businesses shall limit their hours of operation to be consistent with CR.S., § 12-43.3-308.
D.
Retail Marijuana Store.
1. 1.
  It shall be unlawful to operate a Retail Marijuana Establishment outside of an enclosed space, capable of being locked within a building. All Retail Marijuana Establishment Licenses shall be issued for a specific fixed location within an enclosed building. The portion of such premises upon which the submitted floor plan shows that Retail Marijuana may be produced, dispensed or possessed shall be considered the “restricted area” portion of the business premises.
2. 2.
  Within all zones, no new Retail Marijuana Store shall be located within two-hundred and fifty (250) feet of a parcel on which is located any other Medical Marijuana Center or Retail Marijuana Store. The two-hundred and fifty (250) foot buffer shall be measured from the boundaries of the legally described parcel on which a Marijuana Business is located to any point of the proposed parcel for a new Marijuana Business. If the two-hundred and fifty (250) foot buffer touches any part of a parcel, that entire parcel is not allowed to contain a Marijuana Business. Condominium properties shall be measured from the original legal parcel of the condo project, which will include the perimeter of all the condo units and any common areas.
  In the Central Business District (CBD), not more than one Medical Marijuana Center or Retail Marijuana Store shall be located on a block. A block is established by a legal recorded plat or is an area bounded by four (4) City streets. In addition, not more than one Medical Marijuana Center or Retail Marijuana Store shall be located on all properties or lots that abut any Street Segment. For corner lots, this standard applies to both Street Segments that abut the corner lot, and only one Medical Marijuana Center or Retail Marijuana Store is permitted on the corner lots that abut the intersection.
  Nothing contained in this section shall prevent the co-location of a Medical Marijuana Center and Retail Marijuana Store in the same licensed location.
3. 3.
  Retail Marijuana Stores shall be allowed in mixed use buildings that include residential uses provided that they are otherwise in compliance with all requirements of this Article, the Codes of the City of Durango and any other applicable law, rule or regulation, and provided that the Retail Marijuana Establishment is not located on the same floor as a residential use and is accessed from the street or alley by an entrance separate from the street or alley access to any residential unit.
4. 4.
  No Retail Marijuana Establishment license shall be issued for a Retail Marijuana Store at a location within 1,000 feet of any School, addiction recovery facility, or residential child care facility; or within 250 feet of a dedicated public park that contains children’s playground equipment, or to any other facility identified in Municipal Code Division 1 or in state law that requires a distance separation from licensed Retail Marijuana Establishments.
5. 5.
  The separation requirements in Municipal Code Section 13-168(d) shall not apply to any existing location that is licensed as a Medical Marijuana Center on the effective date of this ordinance if that location is licensed or is the subject of an application for a license for a Retail Marijuana Store as a conversion from a licensed Medical Marijuana Center or as a co-located Retail Marijuana Store with a licensed Medical Marijuana Center prior to January 2, 2015. Provided, however, that such converted license or co-located license shall otherwise be in compliance with all other requirements of this Article, the Codes of the City of Durango and state law.
6. 6.
  No Retail Marijuana Establishment license shall be issued for a location that has within two years immediately preceding the date of the application, been denied by the Durango Local Licensing Authority or the state licensing authority for a Retail Marijuana Establishment or Medical Marijuana Business due to a concern related to the location.
7. 7.
  The measuring of distances for separations required in Municipal Code Division 1 shall be completed by the City utilizing official maps and shall be determined by measuring from the closest point on the perimeter of the Applicant’s property to the closet point of the property of any facility or use requiring a separation pursuant to subsection (d) of this section. A Retail Marijuana Establishment License may not be issued for any location which is also part of the Licensed Premises of a business holding an alcoholic beverage license pursuant to Chapter 3, Alcoholic Beverages, of the City's Municipal Code.
8. 8.
  An Applicant may make a request to the Durango Local Licensing Authority to grant a variance of up to 10% from the distance required in subsection (d) of this section for the separation between Retail Marijuana Establishments and public parks which contain playground equipment and the Durango Local Licensing Authority may grant such a variance if it finds that the location of the Retail Marijuana Establishment is separated from the public park by a natural or man-made feature or barrier that tends to physically and visually separate the Retail Marijuana Establishment from the public park or from children using the park.
9. 9.
  It shall be unlawful for the owner of a building to lease space to or allow the use of any portion of the building by a Retail Marijuana Establishment unless the tenant has a valid Retail Marijuana Establishment License or has applied for and not been denied a Retail Marijuana Establishment License. No Marijuana shall be allowed on the Leased Premises until a Retail Marijuana Establishment License has been issued by the City. In the event that the City has an articulable reason to believe that a Retail Marijuana Establishment is being operated within a building, it shall be unlawful for the owner of the building to refuse to allow the City access to the portion of the building in which the suspected Retail Marijuana Establishment is located to determine whether any marijuana is on the premises.
10. 10.
  It shall be unlawful for any licensee or other person to engage in any manufacturing or production of any retail marijuana infused products or to engage in any cultivation or other marijuana growing operations on the Licensed Premises of any Retail Marijuana Establishment.
11. 11.
  Retail Marijuana Establishments shall limit their hours of operation to be consistent with CR.S., § 12-43.3-308.
12. 12.
  Any and all possession, storage, display, sales or other distribution of Marijuana shall occur only within the restricted area of a Retail Marijuana Establishment or and shall not be visible from the exterior of the business.
E.
Marijuana Testing Facility.
1. 1.
  All Marijuana Testing Facilities shall operate in compliance with all applicable state laws and regulations adopted pursuant to such laws, including but not limited to CR.S., § 12-43.4-405 and rules promulgated thereunder.
2. 2.
  No Marijuana Testing Facility license shall be issued for a Marijuana Testing Facility at a location within 1,000 feet of any School, addiction recovery facility, or residential child care facility; or within 250 feet of a dedicated public park that contains children’s playground equipment, or to any other facility identified in Municipal Code Division 1 or in state law that requires a distance separation from licensed Marijuana Testing Facilities.
3. 3.
  No co-located License shall be issued for a Retail Marijuana Store and a Marijuana Testing Facility, or for a Medical Marijuana Business and a Marijuana Testing Facility.
4. 4.
  Any and all possession, storage, display, sales or other distribution of testing of Marijuana shall occur only within the restricted area of a Marijuana Testing Facility and shall not be visible from the exterior of the business.

Effective on: 4/1/2017

Sec. 2-2-3-11 Standards for Restaurant Uses

A.
Generally. The standards of this Section apply to restaurant uses which are enumerated in Table 2-1-3-5, Commercial Retail and Service, Marijuana, and Restaurant Uses, under the subheading "Restaurant Uses," in instances where the use is shown as a special use ("S"), a limited use ("L"), or a conditional use ("C") in a particular zone. Note that other standards may also apply. See Section 2-2-1-2, Application of Article.
B.
Restaurant, Drive-In or Drive-Through. Drive-in or drive-through restaurants may be allowed as a limited use in the MU-N, MU-A, and BP zones if in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. 1.
  Limitation on Location and Extent.
  1. a.
    The parcel proposed for development is not within the MU-N zone along College Drive east of Main Avenue.
  2. b.
    In the BP zone, not more than 10 percent of the contiguous BP zoned area may be used for restaurant uses of any type (including drive-in and drive-through).
2. 2.
  Required Access. In the MU-N or MU-A zones, access to the use is as follows:
  1. a.
    From an arterial or collector street; or
  2. b.
    From a local street if there is no residential use between the access point and the nearest intersection with an arterial or collector street.
3. 3.
  Parking. Parking areas shall be screened from abutting lots that are used for residential purposes:
  1. a.
    With opaque walls that are not less than five feet in height;
  2. b.
    By a grade change such that the parking lot surface is five feet or more below the elevation of the finished floor of buildings on abutting lots used for residential purposes; or
  3. c.
    A combination of a. and b. above that produces an equivalent result with respect to the screening of headlights.
4. 4.
  Design Requirements.
  1. a.
    In the MU-N or MU-A zones, the use must provide walk-up or walk-in service, which shall include indoor and / or outdoor dining areas.
  2. b.
    In the MU-A zone, drive-through lanes must be located behind the building and / or perpendicular to the highest-order frontage street.
  3. c.
    In all zones, the following buffers shall be provided unless Division 4-6-3, Buffering Requirements, requires more opaque bufferyards (in which case Division 4-6-3 applies):
    i.
    Street property lines: 10 percent opacity.
    ii.
    Interior side and rear property lines: 30 percent opacity (See Section 4-6-3-2, Standard Bufferyards).
C.
Restaurant; Drive-In or Drive-Through, Late Night / 24-Hour. Late night / 24-hour drive-in or drive-through restaurants may be allowed as a limited use in the MU-N, MU-A, and BP zones if in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. 1.
  General Standards for Drive-In and Drive-Through Restaurants. The standards of Subsection B., above, are met.
2. 2.
  Lighting. Exterior lighting shall be dimmed at 11:00 PM.
3. 3.
  Noise. Exterior loudspeakers, if present, will not be audible off-site:
  1. a.
    Between the hours of 9:00 PM and 6:30 AM in the MU-N zone; or
  2. b.
    Between the hours of 11:00 PM and 6:30 AM in the MU-A and BP zones.
4. 4.
  Loading. If the use abuts residential property, loading is not allowed between the hours of 8:00 PM and 6:30 AM.
D.
Restaurant, No Drive-In or Drive-Through. Restaurants without a drive-in or drive-through are allowed as a special use in the BP zone and may be allowed as a limited use in the LI zone if in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. 1.
  Location and Extent. Not more than 10 percent of a contiguous BP or LI zoned area may be used for restaurant uses of any type.
2. 2.
  Limitation on Use. In the LI zone, the use shall be principally intended for the convenience of employees of uses in the LI zone, in that:
  1. a.
    The use does not operate between 7:00 PM and 5:00 AM; and
  2. b.
    Signage related to the use is not recognizable from public rights-of-way outside of the LI zone.
E.
Food Truck Pods. Food truck pods may be allowed as a special use in the CB, MU-N, MU-A, CG, CR, and BP zones and as a limited use in the LI zone if, in addition to the other applicable standards of this LUDC, compliance with the following standards is demonstrated:
1. 1.
  Standards described in Section 2-3-2-2, Commercial Use of Patios and Outdoor Dining Areas, although an additional Special Use Permit is not required.
2. 2.
  Clear Pedestrian Passage. Pedestrian access between the food trucks and dining area shall not cross drive-aisles or functioning parking spaces. Customer queuing shall occur onsite.
3. 3.
  Setbacks. Setbacks for food trucks shall be defined as the lesser of:
  1. a.
    10 feet, or
  2. b.
    The principal building setbacks for the underlying zone.
4. 4.
  Spacing. Food truck spacing shall comply with requirements defined by adopted Fire Codes.
5. 5.
  Sanitation. Permanent restroom facilities shall be provided onsite for employees and customers.
6. 6.
  Waste Receptacles. Appropriate bear-proof and wildlife-resistant waste receptacles shall be provided by the applicant and maintained in accordance with applicable City standards.

Effective on: 4/14/2023

Sec. 2-2-3-12 Standards for Motor Vehicle and Heavy Equipment Related Uses

A.
Generally. The standards of this Section apply to motor vehicle and heavy equipment related uses which are enumerated in Table 2-1-3-6, Motor Vehicle and Heavy Equipment, and Recreation and Amusement Uses, under the subheading "Motor Vehicle and Heavy Equipment Related Uses," in instances where the use is shown as a special use (''S"), a limited use ("L"), or a conditional use ("C") in a particular zone. Note that other standards may also apply. See Section 2-2-1-2, Application of Article.
B.
Setbacks Applicable to All Motor Vehicle and Heavy Equipment Related Uses. No above-grade equipment for the service of gasoline, oil, air, or water (except irrigation systems) shall be located closer than 10 feet to any public right-of-way
C.
Nonconforming Uses Applicable to All Motor Vehicle and Heavy Equipment Related Uses. CB, MUN, and MU-A Zones. Existing motor vehicle and heavy equipment uses may continue as nonconforming uses within their existing boundaries and fueling stations may be converted to host direct current fast charging (DCFC) EV Charging Stations. No new motor vehicle or heavy equipment-related uses will be allowed in the CB, MU-N, and MU-A zones with the exception of EV Charging Stations and associated electric vehicle supply equipment (EVSE) Installed Spaces, as shown in Table 2-1-3-6 and described in the Subsections 2-2-3-12.D.
D.
Electric Vehicle Charging Station. The allowance of EV Charging Stations shall depend on the level of electrical power supplied to the EVSE as follows:
1. 1.
  Level 1 and Level 2 EVSE installations are allowed in all Zones when installed in compliance with the requirements of Section 4-5-2-4 and Appendix K.
2. 2.
  DCFC EV Charging Stations will be allowed as an accessory use in the EN-#, EN-MF, RL, RM, RH, CB, MU-N, MU-A, CG, CR, BP, LI, RA, and PB zones and as an allowed accessory use in the PD zones if approved during the PD approval process, or within an existing residential PD zone in which the use is not prohibited by private restrictions. DCFC EV Charging Stations will be allowed as a principal use within the CG, CR, BP, and LI zones. In addition to the other applicable standards of this LUDC, DCFC EV Charging Stations must demonstrate the following:
  1. a.
    Demonstration of Available Electric Capacity. DCFC EV Charging Stations shall provide documentation from the electric utility regarding the availability of power to meet demand during peak charging periods without compromising the electric power grid.
  2. b.
    Landscaping and Buffering. Landscaping and buffering requirements of Article 4-6, Landscaping and Buffing, apply.
  3. c.
    Residential Site Restrictions. DCFC EV Charging Stations shall not be located on properties with single-family detached or duplex primary land uses.
E.
Fueling Station.  Fueling stations are allowed as a special use in BP zones if , in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. 1.
  Location and Spacing.
  1. a.
    CB, MU-A, and MU-N zones. Existing fueling stations may continue as a conforming use within their existing boundaries, and fueling stations may be converted to charging stations. No new fueling stations that dispense fossil or combustible fuels will be allowed in the CB, MU-N, or MU-A zones.
  2. b.
    BP Zone. Fueling stations shall be located not less than 300 feet, measured as the shortest distance from property line to property line, from residential zones and residential uses.
2. 2.
  Truck Routing Plan. A truck routing plan is required pursuant to Appendix C, Mitigation Plans, for fueling stations that dispense fossil and combustible fuels. Fuel trucks shall not use local residential streets.
3. 3.
  Vehicle Wash. If the use includes a vehicle wash, then circulation for the vehicle wash facility must be directed away from circulation for the rest of the site. The stacking lanes for the vehicle wash must include an eight-foot-wide "escape lane" to bypass the vehicle wash.
4. 4.
  Landscaping and Buffering.  In the BP zone, Buffering shall be provided as required by Article 4-6, Landscaping and Buffering, or as set out below, whichever results in a more opaque bufferyard.
  1. a.
    A 20% opacity bufferyard is required along interior side and rear property lines.
  2. b.
    If the use abuts a dwelling unit or residential zone, a 6 ft. tall masonry wall is required along the property line that abuts the dwelling unit or residential zone.
  3. c.
    10% opacity “landscape only” bufferyard along the abutting street, to be provided along street property lines, except at points of ingress and egress.
  4. d.
    Landscape surface ratio shall not be less than 20% of the site to be landscaped, including required bufferyards.
F.
Motor Vehicle Repairs and Service, Heavy. Heavy motor vehicle repairs and service may be allowed as a limited use in the CG zone if in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. 1.
  Spacing Requirements. The use is separated from other uses, measured in a straight line between the nearest property lines, as follows:
  1. a.
    From residential uses: 500 ft.
  2. b.
    From schools: 500 ft.
2. 2.
  Location in Zone. The use shall not face an arterial street. If the parcel proposed for development has arterial street frontage, the use must be screened from the arterial street by another use that fronts on the arterial street (e.g., the use may be located behind a shopping center, or the use may be located behind the showroom building of a Motor Vehicle Sales, Passenger Vehicles use).
3. 3.
  Motor Vehicle Storage. Outside storage of vehicles (repaired vehicles or vehicles for which repairs are pending):
  1. a.
    Shall be screened from view from abutting streets by the principal building and / or a minimum five foot tall masonry wall or fence; and
  2. b.
    Shall not be stored in parking spaces that are required by Article 4-5, Parking and Loading.
4. 4.
  Alternative Standards. In the alternative to the standards set out in Subsections D.1., D.2., and D.3., above, the use (including storage of customer vehicles) may be conducted entirely indoors, provided that:
  1. a.
    Not more than one bay door faces an arterial street; and
  2. b.
    The use is spaced not less than 300 feet from residential zones and schools, measured in a straight line between the nearest property lines.
G.
Motor Vehicle Repairs and Service, Light. Light motor vehicle repairs and service may be allowed as a limited use in the MU-N and MU-A zones, and is allowed as a special use in the CG zone if in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. 1.
  Location and Spacing. In the MU-N zones, existing light motor vehicle repairs and service uses may continue as conforming uses within their existing boundaries. No new light motor vehicle repairs and service uses are allowed in the MU-N zone.
2. 2.
  Limitations on Use.
  1. a.
    All operations, equipment, materials used for repairs and service, and wastes (e.g., tires, batteries, etc.), shall be contained within an enclosed building.
  2. b.
    If the use is located within 100 ft. of a dwelling unit or residential zone boundary, air-powered impact wrenches and other comparable tools that are louder than 60 dbA at a distance of five feet from the operating tool must be used indoors only, and shall not be used after 6:00 PM unless the building is soundproofed such that the tools are inaudible at the property line.
  3. c.
    Disabled vehicles shall not be stored on-site overnight, except in an enclosed garage.
  4. d.
    In the MU-N and MU-A zones, air quality inspection stations are not allowed.
3. 3.
  Design. Bay doors shall not face arterial streets unless they are part of an existing building that was configured with bay doors facing an arterial street on the effective date of this LUDC.
4. 4.
  Bufferyards. Bufferyards shall be provided as follows, unless Division 4-6-3, Buffering Requirements, requires a more opaque bufferyard in the same location, in which case Division 4-6-3, Buffering Requirements, applies:
  1. a.
    A 30 percent opacity bufferyard with a masonry wall is required along interior side and rear property lines, but not in front and street side yard areas.
  2. b.
    A 10 percent opacity "landscape only" bufferyard is required along street frontages.
H.
Motor Vehicle Sales or Rental, Commercial or Construction Vehicles or Heavy Equipment. Motor vehicle sales or rental (commercial or construction vehicles) or heavy equipment uses, may be allowed as a limited use in the CG and is allowed as a special use in the CR and LI zones if in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. 1.
  Spacing. Motor Vehicle Sales or Rental, Commercial or Construction Vehicles, or Heavy Equipment uses shall be located not less than 300 feet, measured as the shortest distance from property line to property line, from residential zones and residential uses.
2. 2.
  Required Access. Access to the use shall be provided as follows:
  1. a.
    From an arterial or collector street; or
  2. b.
    From a local street if there is no residential use between the access point and the nearest intersection with an arterial or collector street.
3. 3.
  Limitations on Use.
  1. a.
    If repair and maintenance of rented equipment occurs on site, such accessory use shall be located behind the principal building.
  2. b.
    Booms, derricks, grapple loaders, and platforms on stored equipment shall be lowered as much as possible.
4. 4.
  Bufferyards. Bufferyards shall be provided as follows, unless Division 4-6-3, Buffering Requirements, requires a more opaque bufferyard in the same location, in which case Division 4-6-3, Buffering Requirements, applies:
  1. a.
    A 30 percent opacity bufferyard with a masonry wall is required along interior side and rear property lines.
  2. b.
    A 20 percent opacity "landscape only" bufferyard is required along street frontages.
5. 5.
  Limitations on Signage. Booms, derricks, grapple loaders, and platforms of stored equipment shall not be used for the display of signage.
I.
Motor Vehicle Sales or Rental, Motorcycles, Scooters, Snowmobiles, and ATVs. Motor vehicle sales or rental (motorcycles, scooters, snowmobiles, and ATVs) are allowed as a special use in the CG zone if , in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. 1.
  Limitation on Use.
  1. a.
    Rental vehicle inventory will not be stored in on-street parking spaces, nor in off-street parking spaces that are applied toward the parking requirements of Article 4-5, Parking and Loading.
2. 2.
  Buffering. Outdoor areas used to store rental vehicles will be landscaped and buffered in the same manner as parking lots (see Section 4-6-4-4, Parking Lots).
J.
Motor Vehicle Rental, Passenger Vehicles. Motor vehicle rental, passenger vehicles, may be allowed as a special use in the CG, BP, and LI zones if , in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. 1.
  Limitations on Use.
  1. a.
    Vehicle wash and maintenance facilities are allowed only in zones where such uses are allowed as principal uses. Where such uses are allowed, they are subject to the standards applicable to the principal use.
  2. b.
    Rental vehicle inventory shall not be stored in on-street parking spaces, nor in off-street parking spaces that are applied toward the parking requirements of Article 4-5, Parking and Loading.
2. 2.
  Buffering. In the CG, BP, and LI zones, areas used for the outdoor storage of rental vehicles shall be landscaped and buffered in the same manner as parking lots (see Section 4-6-4-4, Parking Lots).
3. 3.
  Fencing. Chain link fencing may be used to provide security for rental inventory in some zones, but is limited as follows:
  1. a.
    May be used in CG and BP zones, provided that:
    i.
    It is located only in side and rear yards;
    ii.
    It is part of a landscaped bufferyard; and
    iii.
    It is set back five feet from all property lines.
K.
Motor Vehicle Sales, Passenger Vehicles. Motor vehicle sales, passenger vehicles may be allowed a special use in the CG zone if in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. 1.
  Required Access. Access to the use is provided as follows:
  1. a.
    From an arterial or collector street; or
  2. b.
    From a local street if there is no residential use between the access point and the nearest intersection with an arterial or collector street.
2. 2.
  Landscaping and Bufferyards.
  1. a.
    Buffering shall be provided along property lines as required by Division 4-6-3, Buffering Requirements, or as set out below, whichever results in a more opaque bufferyard:
    1.
    A 40 percent opacity bufferyard with a masonry wall is required along all property lines that abut residential uses.
    2.
    A 30 percent opacity bufferyard is required along all other property lines that are not street frontages.
    3.
    A 20 percent opacity "landscape only" bufferyard shall be provided along street frontages. This bufferyard may be interrupted for a distance of 15 feet at intervals of not less than 35 feet, for the purpose of display of passenger vehicles for sale.
  2. b.
    All paved areas used for vehicle storage shall be landscaped and buffered as required for parking lots (see Section 4-6-4-4, Parking Lots).
3. 3.
  Fencing. Chain link fencing may be used to provide security for vehicle inventory in some zones, but is limited as follows:
  1. a.
    It may be used in the CG and LI zones, provided that:
    1.
    It is located only in the side and rear yards;
    2.
    It is part of a bufferyard; and
    3.
    It is set back five feet from all property lines.
L.
Recreational Vehicle and Boat Sales and Rentals. Recreational vehicle and boat sales and rentals are allowed as a special use in the CG and LI zones if in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. 1.
  Required Access. The use shall take access from an arterial street.
2. 2.
  Limitations on Accessory Uses. If the use is located within 600 feet of a residential use or residential zone, then service of boats and RVs is not allowed between the hours of 9:00 PM and 6:00 AM.
3. 3.
  Parking Design. Parking areas for customers shall be separated from display areas for boats and RVs.
4. 4.
  Landscaping and Bufferyards.
  1. a.
    Buffering shall be provided along property lines as required by Division 4-6-3, Buffering Requirements, or as set out below, whichever results in a more opaque bufferyard:
    i.
    A 40 percent opacity bufferyard with a masonry wall is required along all property lines that abut residential uses or zones.
    ii.
    A 30 percent opacity bufferyard is required along all other property lines that are not street frontages.
    iii.
    A 20 percent opacity "landscape only" bufferyard shall be provided along street frontages. This bufferyard may be interrupted for a distance of 25 feet at intervals of not less than 50 feet, for the purpose of displaying of RVs and / or boats for sale.
  2. b.
    All paved areas used for RV or boat storage shall be landscaped and buffered as required for parking lots (see Section 4-6-4-4, Parking Lots), with each boat storage space counted as one vehicular parking space and each RV storage space counted as two vehicular parking spaces.
5. 5.
  Fencing. Chain link fencing is not allowed in street yards, and is allowed in side and rear yards as part of a bufferyard, provided it is located at least five feet from property lines.
M.
Vehicle Wash. Vehicle washes are allowed as a special use in the CG and LI zones, and may be allowed as a limited use in the BP zone if, in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. 1.
  Required Access.
  1. a.
    Access to parcels developed with vehicle wash facilities that are not accessory to another use shall be provided as follows:
    i.
    CG zone: arterial street
    ii.
    BP zone: arterial or collector street
  2. b.
    Access to automated and full-service vehicle wash facilities:
    i.
    Shall be oriented to side lot lines that are planted with required bufferyards (see Section 4-6-3-2, Standard Bufferyards); or
    ii.
    Shall be secured with a door that remains closed except to provide access;
  3. c.
    Access to self-serve vehicle wash facilities shall be oriented to side lot lines that are planted with required bufferyards unless a 20 percent opacity street bufferyard is provided.
2. 2.
  Stacking. See Section 4-5-3-6, Vehicle Stacking Requirements
3. 3.
  Limitations on Use.
  1. a.
    Vehicle wash facilities that are located within 150 feet of a dwelling unit, measured in a straight line between the nearest edges of the buildings, shall not operate between the hours of 9:00 PM and 6:00 AM.
  2. b.
    Detailing and finishing operations shall not block required parking spaces.
4. 4.
  Buffering and Landscaping.
  1. a.
    Vacuum stations shall be screened from view from the street and located to minimize their noise impacts on residential uses.
  2. b.
    Buffering shall be provided along property lines as required by Division 4-6-3, Buffering Requirements, or as set out below, whichever results in a more opaque bufferyard:
    i.
    Along residential zone boundaries: 40 percent opacity, including a masonry wall that is at least five feet in height.
    ii.
    Along other zone boundaries: 20 percent opacity.
  3. c.
    Not less than 10 percent of the parcel, exclusive of bufferyards, must be landscaped.

Effective on: 10/22/2025

Sec. 2-2-3-13 Standards for Recreation and Amusement Uses

Generally. The standards of this Section apply to recreation and amusement uses which are enumerated in Table 2-1-3-6, Motor Vehicle and Heavy Equipment, and Recreation and Amusement Uses, under the subheading "Recreation and Amusement Uses," in instances where the use is shown as a special use ("S"), a limited use ("L"), or a conditional use ("C") in a particular zone. Note that other standards may also apply. See Section 2-2-1-2, Application of Article.
Amusement Parks. Amusement parks may be allowed as a limited use in the MU-A and CG zones, and are allowed as special uses in the CR zone if in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. Minimum Area of Parcel Proposed for Development. The minimum area of the parcel proposed for development is one acre.
2. Required Setbacks. The use shall be set back from property lines as follows:
  1. MU-A zones: 20 ft. on all sides.
  2. CG and CR zones: 50 ft. on all sides.
3. Spacing. Amusement parks that include amusement rides, gasoline-powered go-cart tracks, or gasoline-powered bumper boats shall be spaced not less than 400 feet from residential uses, measured as the shortest distance between the nearest property lines of the two uses.
4. Limitations on Use. If the use is located within 400 feet, measured as the shortest distance between the nearest property lines of the two uses, then the use shall not operate between 9:00 PM and 9:00 AM, Sundays through Thursdays, and 11:00 PM and 9:00 AM on Fridays and Saturdays.
5. Structure Height. The height to the tallest element on each amusement ride is limited to the maximum height for principal buildings in the applicable zone, except that taller amusement rides are permitted:
  1. If the ride is not within an enclosed building, it is set back an additional foot for each additional foot in height above the maximum height allowed in the zone; or
  2. If the ride is within an enclosed building, it is set back an additional two feet for each additional foot in height above the maximum height allowed in the zone.
6. Lighting.
  1. Lighting must be designed to prevent off-site glare and sky glow in accordance with Division 4-3-2 Lighting.
  2. Additional setbacks or a minimum parcel area may be required for facilities with decorative lighting.
7. Buffering.
  1. Go-cart tracks, batting cages, and amusement rides shall be buffered from streets and abutting uses by a 50 percent opacity bufferyard and / or buildings.
  2. Mini-golf shall be buffered from streets and abutting uses by a 30 percent opacity bufferyard and / or buildings. This requirement does not apply if a more opaque bufferyard is already provided due to the application of Subsection B.7.a., above, or Division 4-6-3, Buffering Requirements.
Campground or RV Park. Campgrounds and RV parks may be allowed as a conditional use in the RA, OS, and PB zones if in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. Minimum Area of Parcel Proposed for Development. The minimum area of the parcel proposed for development is 10 acres.
2. Campsite Density and Campsite Standards. The density, dimensions, and location of each campsite shall be as set out in Table 2-2-3-13A, Campsite Density and Campsite Standards.

Table 2-2-3-13A Campsite Density and Campsite Standards
Standard	Zone
Standard	PB	RA	OS
TABLE NOTE: Clusters of campsites are campsites that are either abutting or located across an internal street from each other.
Density (campsites per acre of parcel proposed for development)	8 sites per acre	6 sites per acre	5 sites per acre
Minimum RV Campsite Dimensions	30 ft. x 50 ft.	35 ft. x 50 ft.	35 ft. x 50 ft.
Minimum Tent Campsite Dimensions	30 ft. x 30 ft.	35 ft. x 35 ft.	35 ft. x 35 ft.
Minimum and Maximum Number of Campsites (Tent or RV) in a Cluster¹	Min.: 4; Max.: 12	Min.: 4; Max.: 12	Min.: 4; Max.: 12
Minimum Spacing Between Clustered Campsites	30 ft.	40 ft.	50 ft.
Maximum Distance from Boundary of Campsites to Restroom Facilities	150 ft.	150 ft.	200 ft.

Table 2-2-3-13A Campsite Density and Campsite Standards
Standard	Zone
Standard	PB	RA	OS
TABLE NOTE: Clusters of campsites are campsites that are either abutting or located across an internal street from each other.
Density (campsites per acre of parcel proposed for development)	8 sites per acre	6 sites per acre	5 sites per acre
Minimum RV Campsite Dimensions	30 ft. x 50 ft.	35 ft. x 50 ft.	35 ft. x 50 ft.
Minimum Tent Campsite Dimensions	30 ft. x 30 ft.	35 ft. x 35 ft.	35 ft. x 35 ft.
Minimum and Maximum Number of Campsites (Tent or RV) in a Cluster¹	Min.: 4; Max.: 12	Min.: 4; Max.: 12	Min.: 4; Max.: 12
Minimum Spacing Between Clustered Campsites	30 ft.	40 ft.	50 ft.
Maximum Distance from Boundary of Campsites to Restroom Facilities	150 ft.	150 ft.	200 ft.

Table 2-2-3-13A Campsite Density and Campsite Standards
Standard	Zone
Standard	PB	RA	OS
TABLE NOTE: Clusters of campsites are campsites that are either abutting or located across an internal street from each other.
Density (campsites per acre of parcel proposed for development)	8 sites per acre	6 sites per acre	5 sites per acre
Minimum RV Campsite Dimensions	30 ft. x 50 ft.	35 ft. x 50 ft.	35 ft. x 50 ft.
Minimum Tent Campsite Dimensions	30 ft. x 30 ft.	35 ft. x 35 ft.	35 ft. x 35 ft.
Minimum and Maximum Number of Campsites (Tent or RV) in a Cluster¹	Min.: 4; Max.: 12	Min.: 4; Max.: 12	Min.: 4; Max.: 12
Minimum Spacing Between Clustered Campsites	30 ft.	40 ft.	50 ft.
Maximum Distance from Boundary of Campsites to Restroom Facilities	150 ft.	150 ft.	200 ft.

Table 2-2-3-13A Campsite Density and Campsite Standards
Standard	Zone
Standard	PB	RA	OS
TABLE NOTE: Clusters of campsites are campsites that are either abutting or located across an internal street from each other.
Density (campsites per acre of parcel proposed for development)	8 sites per acre	6 sites per acre	5 sites per acre
Minimum RV Campsite Dimensions	30 ft. x 50 ft.	35 ft. x 50 ft.	35 ft. x 50 ft.
Minimum Tent Campsite Dimensions	30 ft. x 30 ft.	35 ft. x 35 ft.	35 ft. x 35 ft.
Minimum and Maximum Number of Campsites (Tent or RV) in a Cluster¹	Min.: 4; Max.: 12	Min.: 4; Max.: 12	Min.: 4; Max.: 12
Minimum Spacing Between Clustered Campsites	30 ft.	40 ft.	50 ft.
Maximum Distance from Boundary of Campsites to Restroom Facilities	150 ft.	150 ft.	200 ft.

1. Building Coverage Ratio. The maximum building coverage ratio for the parcel proposed for development is:
  1. PB and RA zones: 10 percent.
  2. OS zone: 5 percent.
2. Required Access. Campgrounds and RV parks may be accessed from any classification of street. However, the route between the nearest arterial street and the campground shall not traverse a local street in locations from which residential access is provided.
3. Utilities and Trash Receptacles.
  1. Potable water shall be provided to each RV and tent campsite.
  2. Electricity and sewer shall be provided to each RV campsite.
  3. Trash receptacles shall be bear-proof.
4. Accessory Uses. Accessory uses may include indoor recreation; outdoor recreation; coin-operated laundry; boat and ATV storage; security shelters; storage buildings; and convenience retail for guests of the campground or RV park. Accessory uses are subject to the building coverage ratio limitations in Subsection C.3., above.
5. Configuration of Campsites.
  1. Access to RV and tent camping spaces shall be from paved internal, private streets.
  2. Parking spaces must be paved or gravel.
  3. An internal pedestrian circulation system shall be provided.
  4. Sidewalks along internal streets of RV parks shall be at least 4 ft. wide.
6. Bufferyards.
  1. Campgrounds or RV parks that abut arterial streets or are located within 100 feet or residential zones (measured between the nearest property lines) shall be buffered from such streets and zones with a 60 percent opacity bufferyard. (see Section 4-6-3-2, Standard Bufferyards.)
  2. A 40 percent opacity bufferyard is required on all other sides of the campground or RV park.
Driving Range. Driving ranges may be allowed as a limited use in the CG, BP, and RA zones if it is demonstrated that:
1. Minimum Area and Dimensions of Parcel Proposed for Development.
  1. The minimum area of the parcel proposed for development is:
    1. CG and BP zones: 15 ac.
    2. RA zone: 30 ac.
  2. The area of the parcel that is used for a driving range shall be at least 1,300 feet long by 690 feet wide for up to 25 tees, plus 12 additional feet in width for each additional tee, unless netting is provided to prevent stray balls from leaving the site.
2. Limitations on Use. In the RA zone, netting and lighting are not allowed. The driving range shall have an area, orientation, and dimension that allows for safe use without netting.
3. Buffering. If netting is used in the CG or BP zones, netting shall be dark material that blends into the surroundings, and netted areas shall be buffered by a 30 percent opacity "landscape only" bufferyard on all sides.
Fairgrounds. Fairgrounds may be allowed as a limited use in the MU-A and PB zones and a conditional use in the RA zone if in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. Required Access. Access to fairgrounds shall be provided by a major arterial street.
2. Minimum Area of Parcel Proposed for Development. The minimum area of the parcel proposed for development is:
  1. MU-A zones: 30 ac.
  2. RA zone: 40 ac.
3. Setbacks.
  1. In the RA zone, buildings shall be set back at least 200 feet from all property lines.
  2. In the RA and MU-A zones, truck parking areas shall be set back at least 50 feet from residential uses and residential zone boundaries.
4. Buildings and Building Coverage.
  1. In the MU-A zone, buildings may include permanent facilities for exhibit halls, assembly, sports, equestrian or rodeo facilities, stables, and indoor recreation.
  2. In the RA zone:
    1. Building may include exhibit halls, meeting facilities, equestrian or rodeo facilities, stables, and storage buildings.
    2. The building coverage ratio shall not exceed 7.5 percent.
5. Bufferyards. Buffering shall be provided along property lines as required by Division 4-6-3, Buffering Requirements, or as set out below, whichever results in a more opaque bufferyard:
  1. 20 percent opacity bufferyard along streets; and
  2. 40 percent opacity bufferyard between truck parking and residential uses or zones, unless screened by intervening buildings or located more than 100 ft. from residential uses or zones.
Health and Exercise Club / Instruction. Health and exercise club / instruction uses may be allowed as a limited use in the CB, MU-N, BP and LI zones if in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. Limitation on Location. In the BP zone, the use shall be:
  1. Part of a hospital campus or college campus; or
  2. Located in a multi-tenant office building; or
  3. Located within 600 feet, measured as the shortest distance from property line to property line, of:
    1. At least 100 dwelling units; or
    2. At least 200 hotel or motel rooms.
2. Limitation on Gross Floor Area.
  1. In the CB zone, the use shall not occupy more than 7,500 sf. of ground-level gross floor area.
  2. In the MU-N zone, the floor area ratio (FAR) of the use shall not exceed 0.30.
3. Limitation on Use. Noise from the use shall not be audible at the property line of any nearby residential uses between the hours of 9:00 PM and 9:00 AM.
4. Bufferyards. In the BP and MU-N zones, if the use is open after 9:00 PM, then buffering shall be provided along each property line according to the more opaque of the following standards:
  1. The applicable standards of Division 4-6-3, Buffering Requirements; or
  2. A 20 percent opacity bufferyard with a minimum five-foot tall masonry wall or fence along property lines that are shared with residential uses or zones, or are across an alley from residential uses or zones.
5. Access. In the MU-N zone, access shall be provided by an arterial or collector street.
6. In the LI Zone.
  1. The use must be entirely within the building.
  2. Parking shall be designed using the following standards:
    1. Adequate pedestrian walkways are provided from the parking spaces to the building; and
    2. On-site loading and unloading is separated from the parking area and pedestrian walkways.
Indoor Commercial Amusement. Indoor commercial amusement uses may be allowed as a limited use in the MU-N and MU-A zones if in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. Limitation on Use. Noise from the use shall not be audible at the property line of any nearby residential uses or zones between the hours of 9:00 PM and 9:00 AM.
2. Bufferyards. If the use is open after 9:00 PM, then buffering shall be provided along each property line according to the more opaque of the following standards:
  1. The applicable standards of Division 4-6-3, Buffering Requirements; or
  2. A 20 percent opacity bufferyard with a five-foot tall masonry wall along property lines that are shared with residential uses or zones, or are across an alley from residential uses or zones.
Indoor Recreation. Indoor recreation facilities may be allowed as a limited use in the EN, EN-MF, RL, RM, RH, MU-N, and LI zones if in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. EN and EN-MF Zones.
  1. Indoor recreation facilities are limited to the location and physical extent of existing indoor recreation facilities.
  2. Indoor recreation facilities may be allowed as a conditional use in the EN and EN-MF zones if the following standards can be met:
    1. Limited to the location of existing non-residential facilities or vacant land.
    2. Access must be from a collector or arterial street.
    3. Buffered from abutting properties and rights-of-way with a 20 percent opacity bufferyard.
2. RL Zones. Indoor recreation facilities are limited to those that are limited to the use of residents of a subdivision.
3. RM and RH Zones. Indoor recreation facilities are limited to:
  1. Location is in the neighborhood center of a TND.
  2. The use of residents of a subdivision; or
4. MU-N Zone. The standards that apply to indoor commercial amusement (Subsection G., above) also apply to indoor recreation facilities.
5. LI Zone. Indoor recreation facilities may be allowed as a limited use in the LI zone if the following standards are met:
  1. The use must be entirely inside the building;
  2. The use is not located next to an existing use that has extensive outdoor operations;
  3. Adequate pedestrian walkways are provided from the parking spaces to the building; and
  4. On-site truck loading and unloading is separated from the parking area and pedestrian walkways.
Indoor Stadium, Arena, or Theater. Indoor stadiums, arenas, or theaters are allowed as a special use in the CB zone, may be allowed as a limited use in the MU-N and MU-A zones, and may be allowed as a conditional use in the RA zone if in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. Setbacks. In the RA zone, the use shall be set back 100 feet on all sides.
2. Limitation on Gross Floor Area. In the CB zone, the use shall not occupy more than 15,000 sf. of gross floor area on the ground floor of a building that fronts on Main Avenue. There is no floor area limitation on upper floors or in other locations in the CB zone.
3. Limitation on Use.
  1. In the RA zone, the use is limited to equestrian or rodeo facilities, or comparable facilities for showcasing livestock or agricultural products.
  2. In the CB, MU-N, and MU-A zones, noise from the use shall not be audible at the property line of any nearby residential uses or zones between the hours of 9:00 PM and 9:00 AM.
4. Bufferyards. Buffering shall be provided along property lines as required by Division 4-6-3, Buffering Requirements, or as set out below, whichever results in a more opaque bufferyard:
  1. In the MU-N and MU-A zones, if the use is open after 9:00 PM, then a 20 percent opacity bufferyard with a five-foot tall masonry wall is required along property lines that are shared with residential uses or zones, or are across an alley from residential uses or zones.
  2. In the RA zone, a 20 percent bufferyard is required along all property lines.
Night Club. Night clubs are allowed as a limited use in the MU-A and CG zones if in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. Required Access. If the gross floor area of the use is larger than 10,000 sf., then access shall be taken from an arterial or collector street.
2. Loading. If the use has a gross floor area that is larger than 10,000 sf., then a loading dock shall be provided.
3. Mitigation of Noise.
  1. If the use is located within 150 feet of a residential use or zone, measured as the shortest distance from building wall to building wall, then the use shall be sound-proofed.
  2. Public access shall face away from the nearest residential uses or zones.
4. Parking. Parking areas shall be screened from abutting lots that are used or zoned for residential purposes:
  1. With opaque walls or fences that are not less than five feet in height;
  2. By a grade change such that the parking lot surface is five feet or more below the elevation of the finished floor of buildings on abutting lots used for residential purposes; or
  3. A combination of a. and b. above that produces an equivalent result with respect to the screening of headlights.
5. Loading. If the use abuts a residential use or zone, loading is not allowed between the hours of 9:00 PM and 7:00 AM.
6. Bufferyards. Buffering shall be provided along each property line according to the more opaque of the following standards:
  1. The applicable standards of Division 4-6-3, Buffering Requirements; or
  2. A 20 percent opacity bufferyard with a five-foot tall masonry wall along property lines that are shared with residential uses or zones, or are across an alley from residential uses or zones.
Outdoor Commercial Recreation Outdoor Commercial Recreation Uses may be allowed as a limited use in the MU-A, CG, CR, BP, RA and PB zones, if in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. Required Setbacks. The use shall be set back 20 ft. from all property lines.
2. Limitations on Use. If the use is located within 100 feet from a residential use or zone, measured as the shortest distance between the nearest property lines of the two uses, then the use shall not operate between 9:00 PM and 9:00 AM, Sundays through Thursdays, and 11:00 PM and 9:00 AM on Fridays and Saturdays.
3. Structure Height. The height to the tallest element is limited to the maximum height for principal buildings in the applicable zone.
4. Lighting.
  1. In the RA zone, lighting of the recreation use is not allowed.
  2. Lighting must be designed to prevent off-site glare and sky glow in accordance with Division 4-3-2 Lighting.
  3. Additional setbacks or a minimum parcel area may be required for facilities with decorative lighting.
5. Buffering. Outdoor Commercial Recreation Uses shall be buffered from streets and abutting uses by a 30 percent opacity bufferyard and / or buildings.
Outdoor Recreation. Outdoor recreation uses may be allowed as a limited use in the EN, EN-MF, RL, RM, RH and OS zones, and is allowed as a special use in the CB, MU-N and MU-A zones if in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. Limitation on Use. Outdoor recreation uses are limited as set out in Table 2-2-3-13B, Outdoor Recreation Uses by Zone.

Table 2-2-3-13B Outdoor Recreation Uses by Zone
Standard	Zone
Standard	EN-#¹	EN-MF	RL	RM	RH	CB	MU-N	MU-A	OS
Allowed Outdoor Recreation Uses	Public plazas, tot lots, playgrounds, play courts, and passive recreation parks.	Public plazas, tot lots, playgrounds, play courts, and passive recreation parks.	All outdoor recreation uses.	All outdoor recreation uses that are not prohibited.	All outdoor recreation uses that are not prohibited.	Public plazas and passive recreation parks.	Public plazas, tot lots, playgrounds, and passive recreation parks.	Public plazas, tot lots, playgrounds, play courts (tennis, racquetball, shuffleboard, etc.), swimming pools, and passive recreation parks.	All outdoor recreation uses that are not prohibited.
Prohibited Outdoor Recreation Uses	All outdoor recreation uses that are not specifically allowed.	All outdoor recreation uses that are not specifically allowed.	NA	Wildlife sanctuaries	Golf courses, ski slopes, and wildlife sanctuaries.	All outdoor recreation uses that are not specifically allowed.	All outdoor recreation uses that are not specifically allowed.	All outdoor recreation uses that are not specifically allowed.	Tot lots, playing fields, playgrounds, swimming pools, and play courts (tennis, racquetball, shuffleboard, etc.).
TABLE NOTES: Applies to all sub-districts.

Table 2-2-3-13B Outdoor Recreation Uses by Zone
Standard	Zone
Standard	EN-#¹	EN-MF	RL	RM	RH	CB	MU-N	MU-A	OS
Allowed Outdoor Recreation Uses	Public plazas, tot lots, playgrounds, play courts, and passive recreation parks.	Public plazas, tot lots, playgrounds, play courts, and passive recreation parks.	All outdoor recreation uses.	All outdoor recreation uses that are not prohibited.	All outdoor recreation uses that are not prohibited.	Public plazas and passive recreation parks.	Public plazas, tot lots, playgrounds, and passive recreation parks.	Public plazas, tot lots, playgrounds, play courts (tennis, racquetball, shuffleboard, etc.), swimming pools, and passive recreation parks.	All outdoor recreation uses that are not prohibited.
Prohibited Outdoor Recreation Uses	All outdoor recreation uses that are not specifically allowed.	All outdoor recreation uses that are not specifically allowed.	NA	Wildlife sanctuaries	Golf courses, ski slopes, and wildlife sanctuaries.	All outdoor recreation uses that are not specifically allowed.	All outdoor recreation uses that are not specifically allowed.	All outdoor recreation uses that are not specifically allowed.	Tot lots, playing fields, playgrounds, swimming pools, and play courts (tennis, racquetball, shuffleboard, etc.).
TABLE NOTES: Applies to all sub-districts.

Table 2-2-3-13B Outdoor Recreation Uses by Zone
Standard	Zone
Standard	EN-#¹	EN-MF	RL	RM	RH	CB	MU-N	MU-A	OS
Allowed Outdoor Recreation Uses	Public plazas, tot lots, playgrounds, play courts, and passive recreation parks.	Public plazas, tot lots, playgrounds, play courts, and passive recreation parks.	All outdoor recreation uses.	All outdoor recreation uses that are not prohibited.	All outdoor recreation uses that are not prohibited.	Public plazas and passive recreation parks.	Public plazas, tot lots, playgrounds, and passive recreation parks.	Public plazas, tot lots, playgrounds, play courts (tennis, racquetball, shuffleboard, etc.), swimming pools, and passive recreation parks.	All outdoor recreation uses that are not prohibited.
Prohibited Outdoor Recreation Uses	All outdoor recreation uses that are not specifically allowed.	All outdoor recreation uses that are not specifically allowed.	NA	Wildlife sanctuaries	Golf courses, ski slopes, and wildlife sanctuaries.	All outdoor recreation uses that are not specifically allowed.	All outdoor recreation uses that are not specifically allowed.	All outdoor recreation uses that are not specifically allowed.	Tot lots, playing fields, playgrounds, swimming pools, and play courts (tennis, racquetball, shuffleboard, etc.).
TABLE NOTES: Applies to all sub-districts.

Table 2-2-3-13B Outdoor Recreation Uses by Zone
Standard	Zone
Standard	EN-#¹	EN-MF	RL	RM	RH	CB	MU-N	MU-A	OS
Allowed Outdoor Recreation Uses	Public plazas, tot lots, playgrounds, play courts, and passive recreation parks.	Public plazas, tot lots, playgrounds, play courts, and passive recreation parks.	All outdoor recreation uses.	All outdoor recreation uses that are not prohibited.	All outdoor recreation uses that are not prohibited.	Public plazas and passive recreation parks.	Public plazas, tot lots, playgrounds, and passive recreation parks.	Public plazas, tot lots, playgrounds, play courts (tennis, racquetball, shuffleboard, etc.), swimming pools, and passive recreation parks.	All outdoor recreation uses that are not prohibited.
Prohibited Outdoor Recreation Uses	All outdoor recreation uses that are not specifically allowed.	All outdoor recreation uses that are not specifically allowed.	NA	Wildlife sanctuaries	Golf courses, ski slopes, and wildlife sanctuaries.	All outdoor recreation uses that are not specifically allowed.	All outdoor recreation uses that are not specifically allowed.	All outdoor recreation uses that are not specifically allowed.	Tot lots, playing fields, playgrounds, swimming pools, and play courts (tennis, racquetball, shuffleboard, etc.).
TABLE NOTES: Applies to all sub-districts.

1. Bufferyards. In the MU-A zone, play courts shall be buffered from abutting properties and rights-of-way with a 20 percent opacity bufferyard.
2. Lighting. In the EN, EN-MF, RL, and OS zones, outdoor recreation facilities shall not be lighted.
Outdoor Shooting / Archery Range / Paintball. Outdoor shooting / archery range / and paintball courses may be allowed as a conditional use in the CG, CR, and RA zones, and may be allowed as a limited use in the PB zone, if in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. Minimum Area of Parcel Proposed for Development.
  1. The minimum area of the parcel proposed for development shall be:
    1. Archery Range: 1 acre
    2. Shooting Range: 15 acres
    3. Skeet Course: 30 acres
    4. Paintball Course: 30 acres
  2. The minimum areas are additive. For example, if a shooting range also includes a skeet course, the parcel proposed for development shall be at least 45 acres in area.
2. Spacing. The use shall be spaced from residential zones and uses, schools, places of assembly, day cares, and parks used for active recreation by the following distances, which shall be measured along a straight line between the closest property lines:
  1. Shooting ranges and skeet courses: 2,640 ft.
  2. Paintball courses: 1,320 ft.
  3. Archery ranges: 150 ft.
3. Combinations of Use. Paintball courses shall not be combined with skeet courses, shooting ranges, or archery ranges.
4. Limitations on Use. In the PB zone, the use is limited to law enforcement or military training facilities.
5. Design Requirements.
  1. The use shall be designed to prevent projectiles from leaving the parcel proposed for development. The plan must show how all projectiles will be contained within the site.
  2. The perimeter must be secured to prevent entry into surface danger zone areas.
  3. Shooting ranges and skeet courses shall:
    1. Be designed according to the most recent version of "Range Design Criteria," promulgated by the U.S. Department of Energy, Office of Health, Safety, and Security.
    2. Provide an impervious layer in the area where bullets land to intercept lead leachate and direct it to a monitored pond.
6. Buffering. A 60 percent opacity bufferyard is required around the perimeter of the use. The bufferyard shall include a security fence or wall, which must be located on the interior side of the bufferyard (behind the required landscaping).
Outdoor Stadium, Arena, Amphitheater, or Drive-In Theater. Outdoor stadium, arena, amphitheater, or drive-in theater uses may be allowed as a conditional use in the CG, CR, and RA zones, and as a limited use in the BP and PB zones if in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. Spacing. Outdoor stadiums, arenas, and drive-in theaters shall be spaced 600 feet from residential zones and uses, measured along a straight line between the closest property lines.
2. Setbacks. In the RA zone, the use shall be set back 200 feet from all property lines.
3. Limitations on Use.
  1. In the BP zone, the use is limited to amphitheaters that are provided as an amenity to mixed-use development.
  2. In the RA zone, the use is limited to equestrian or rodeo facilities.
4. Design Requirements. Amphitheater stages and drive-in screens shall face away from the nearest residential uses and zones.
5. Buffering. Buffering shall be provided as set out in Table 2-2-3-13C, Required Buffering.

Table 2-2-3-13C Required Buffering
Required Buffer / Exceptions	Zone
Required Buffer / Exceptions	CG	CR	BP	PB	RA
Required Bufferyard (All Sides)	40% opacity	30% opacity	30% opacity	20% opacity	20% opacity
Exception to Bufferyard Requirements	NA	NA	amphitheaters that are designed for fewer than 500 attendees	amphitheaters that are designed for fewer than 500 attendees	NA
TABLE NOTES: NA = Not Applicable

Table 2-2-3-13C Required Buffering
Required Buffer / Exceptions	Zone
Required Buffer / Exceptions	CG	CR	BP	PB	RA
Required Bufferyard (All Sides)	40% opacity	30% opacity	30% opacity	20% opacity	20% opacity
Exception to Bufferyard Requirements	NA	NA	amphitheaters that are designed for fewer than 500 attendees	amphitheaters that are designed for fewer than 500 attendees	NA
TABLE NOTES: NA = Not Applicable

Table 2-2-3-13C Required Buffering
Required Buffer / Exceptions	Zone
Required Buffer / Exceptions	CG	CR	BP	PB	RA
Required Bufferyard (All Sides)	40% opacity	30% opacity	30% opacity	20% opacity	20% opacity
Exception to Bufferyard Requirements	NA	NA	amphitheaters that are designed for fewer than 500 attendees	amphitheaters that are designed for fewer than 500 attendees	NA
TABLE NOTES: NA = Not Applicable

Table 2-2-3-13C Required Buffering
Required Buffer / Exceptions	Zone
Required Buffer / Exceptions	CG	CR	BP	PB	RA
Required Bufferyard (All Sides)	40% opacity	30% opacity	30% opacity	20% opacity	20% opacity
Exception to Bufferyard Requirements	NA	NA	amphitheaters that are designed for fewer than 500 attendees	amphitheaters that are designed for fewer than 500 attendees	NA
TABLE NOTES: NA = Not Applicable

Race Track, Motor Vehicle. Motor vehicle race tracks may be allowed as a conditional use in the CR, LI, and PB zones if in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. Minimum Area of Parcel Proposed for Development. The minimum area of the parcel proposed for development is 60 acres.
2. Spacing. The use shall be spaced 1,000 feet from residential zones and uses, places of assembly, day cares, and schools, measured along a straight line between the closest property lines. Spacing may be reduced to not less than 600 feet if the applicant demonstrates that noise mitigation measures will provide a comparable reduction in noise impacts to these uses.
3. Setbacks. All parts of the track and stands shall be set back:
  1. 100 feet from all property lines; and
  2. 300 feet from arterial streets.
4. Required Access. If the use is open to the public, access shall be provided by an arterial street.
5. Buffering. A 40 percent opacity bufferyard shall be provided on all sides of the track.
Sexually-Oriented Business. Based on the purposes and findings set out in Section 1-1-1-4, Purposes with Respect to Sexually-Oriented Businesses, sexually-oriented businesses are allowed as a special use in the LI zone if in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. Spacing.
  1. The use shall be spaced not less than 1,000 feet, measured as the shortest distance from the property line of the use to the nearest property line of the use or zone from which spacing is required, from:
    1. Other sexually-oriented businesses;
    2. Lots that are developed with dwelling units;
    3. Residential zone boundaries;
    4. Schools, public parks, and child care centers that are located within the City limits; and
    5. Places of assembly.
  2. The spacing requirement may be reduced to 500 feet if the use does not operate between 7:00 PM and 9:00 AM.
2. Design. The use shall be designed as follows:
  1. Primary access to the building shall be visible from the street from which the use takes access.
  2. Building access shall be configured to allow for verification of age of customers before entry into parts of the building where sexually-oriented merchandise is displayed or sexually-oriented entertainment activities occur.
  3. High-intensity primary, metallic, black, or fluorescent colors shall not be used for paint or cladding of exterior building walls.
  4. The use shall operate entirely indoors.
  5. The interior of the use shall be configured so that sexually-oriented activity, sexually-oriented merchandise, and depictions of said activity or merchandise, are not visible from outside of the building through windows or doors.
3. Limitations on Signage. Signs shall not include graphics or images that are harmful to children, as defined in C.R.S. § 18-7-501.
4. Limitations on Lighting. Exposed neon signs and neon lighting are not allowed.
Tours (Bus, Trolley, Van or Walking) and River Guide / Watercraft Rental. Tours (bus, trolley, van or walking) and river guide / watercraft rental uses are allowed as a special use in the CB, MU-A, CG, CR, and PB zones if in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. Limitations on Use. In the CB and MU-A zones, the use shall be limited to ticketing and loading. Tour vehicles shall not be stored in the CB or MU-A zones.
2. Pedestrian Queuing. Pedestrians may not block sidewalks, streets, or alleys when purchasing tickets, waiting, or loading / unloading.
3. Loading. On-street loading of passengers is not allowed in any zone.
4. Vehicle Storage. In the CG, CR, and PB zones, tour vehicle and watercraft storage areas shall be screened from residential uses and zones, public streets, and public trails in one or more of the following ways:
  1. A location inside an enclosed building;
  2. A location behind the principal building; or
  3. A location behind a 30 percent opacity bufferyard that includes a structure.

Effective on: 12/3/2019

Sec. 2-2-3-14 Standards for Utility Uses

Generally. The standards of this Section apply to utility uses which are enumerated in Table 2-1-3-7, Utility and Telecommunications Uses, under the subheading "Utility Uses, General" and "Utility Uses, Major Electrical and Natural Gas Facilities," in instances where the use is shown as a special use ("S"), a limited use ("L"), or a conditional use ("C") in a particular zone. Note that other standards may also apply. See Section 2-2-1-2, Application of Article.
Potable Water Plant or Sanitary Sewer Plant. Potable water plants and sanitary sewer plants may be allowed as a limited use in the LI and PB zones, provided that:
1. Site Selection for All Facilities.
  1. Sites shall be selected to minimize the impacts of odors on nearby residential uses and zones.
  2. Water and sewer plants shall not be located in special flood hazard areas.
2. Bufferyards.
  1. A bufferyard is required along all property lines, as follows:
    1. At zone boundary lines, the opacity of the bufferyard shall meet any applicable opacity requirements of Section 4-6-3-5, Zone Boundary Bufferyards, except that in no event shall the opacity be less than 30 percent.
    2. In all other locations, the bufferyard shall have 30 percent opacity.
  2. Security fences, if provided, shall be located between the facility and the required bufferyard.
Small Power Production Facility. Small power production facilities may be allowed as a conditional use in the CG, CR, BP, or RA zones or as a limited use in the PB zone provided in Table 2-2-3-14A, Review Procedures by Footprint of Ground-Mounted Photovoltaic Panels, if the standards of this subsection are met.
1. Modification of Review Procedures for Photovoltaic Facilities.
  1. The review procedures that apply to small photovoltaic power production facilities using ground-mounted panels are set out in Table 2-2-3-14A, Review Procedures by Footprint of Ground-Mounted Photovoltaic Panels.

Table 2-2-3-14A Review Procedures by Footprint of Ground-Mounted Photovoltaic Panels
Zone	Facility Type
Zone	Less than 5,000 sf.	5,000 sf. to 10,000 sf.	More than 10,000 sf.
CG	A	L	C
CR	A	S	L
BP	A	S	L
PB	A	S	L
RA	A	S	C
TABLE NOTES: A = Allowed; C = Conditional; L = Limited; and S = Special

Table 2-2-3-14A Review Procedures by Footprint of Ground-Mounted Photovoltaic Panels
Zone	Facility Type
Zone	Less than 5,000 sf.	5,000 sf. to 10,000 sf.	More than 10,000 sf.
CG	A	L	C
CR	A	S	L
BP	A	S	L
PB	A	S	L
RA	A	S	C
TABLE NOTES: A = Allowed; C = Conditional; L = Limited; and S = Special

Table 2-2-3-14A Review Procedures by Footprint of Ground-Mounted Photovoltaic Panels
Zone	Facility Type
Zone	Less than 5,000 sf.	5,000 sf. to 10,000 sf.	More than 10,000 sf.
CG	A	L	C
CR	A	S	L
BP	A	S	L
PB	A	S	L
RA	A	S	C
TABLE NOTES: A = Allowed; C = Conditional; L = Limited; and S = Special

Table 2-2-3-14A Review Procedures by Footprint of Ground-Mounted Photovoltaic Panels
Zone	Facility Type
Zone	Less than 5,000 sf.	5,000 sf. to 10,000 sf.	More than 10,000 sf.
CG	A	L	C
CR	A	S	L
BP	A	S	L
PB	A	S	L
RA	A	S	C
TABLE NOTES: A = Allowed; C = Conditional; L = Limited; and S = Special

1. 1. Small photovoltaic power production facilities that are mounted on flat rooftops of buildings, canopies, carports, and covered walkways are an allowed use.
1. Limitations on Facility Type. The type of facility that is allowed in each zone is set out in Table 2-2-3-14B, Facility Types by Zone.

Table 2-2-3-14B Facility Types by Zone
Zone	Facility Type
Zone	Photovoltaic	Concentrating Solar	Geothermal	Wind	Biomass	Other
CG		-	-	-	-	-
CR		-	-	-	-	-
BP					-	-
PB
RA					(co-generation only)

Table 2-2-3-14B Facility Types by Zone
Zone	Facility Type
Zone	Photovoltaic	Concentrating Solar	Geothermal	Wind	Biomass	Other
CG		-	-	-	-	-
CR		-	-	-	-	-
BP					-	-
PB
RA					(co-generation only)

Table 2-2-3-14B Facility Types by Zone
Zone	Facility Type
Zone	Photovoltaic	Concentrating Solar	Geothermal	Wind	Biomass	Other
CG		-	-	-	-	-
CR		-	-	-	-	-
BP					-	-
PB
RA					(co-generation only)

Table 2-2-3-14B Facility Types by Zone
Zone	Facility Type
Zone	Photovoltaic	Concentrating Solar	Geothermal	Wind	Biomass	Other
CG		-	-	-	-	-
CR		-	-	-	-	-
BP					-	-
PB
RA					(co-generation only)

1. Location. No small power production facilities are allowed within utility easements or drainage easements. Facilities shall be set back as follows:
  1. For solar (photovoltaic or concentrating) facilities that occupy a land area of 10,000 sf. or less, ground-mounted generation equipment shall be set back at least:
    1. Five feet from property lines, plus one foot for every two feet in height above eight feet; and
    2. 15 feet from right-of-way lines, plus one foot for every two feet in height above eight feet.
  2. For solar (photovoltaic or concentrating) facilities that occupy a land area of more than 10,000 sf., ground-mounted generation equipment shall be set back at least 20 feet from all property lines.
  3. Photovoltaic panels that are mounted on rooftops, canopies, carports, and covered walkways may be installed:
    1. Up to the edge of the roof structure upon which they are mounted, if they are mounted parallel to the roof; or
    2. Up to the edge of the wall planes if they are mounted at an angle to the roof.
  4. Geothermal facilities shall be set back as required for principal buildings.
  5. Biomass facilities shall be set back 150 feet from all property lines.
2. Buffering.
  1. Small photovoltaic and concentrating solar power production facilities that occupy a land area of more than 10,000 sf. shall be surrounded by:
    1. A post-and-rail fence with at least three rails, that is not less than four feet tall to the top of the top rail, landscaped with not less than 15 shrubs per 100 linear feet of fence; or
    2. A continuous hedge that is maintained at a height of not less than three and one-half feet. Security fencing behind the hedge is allowed. (See Figure 2-3-3-14, Illustrative 10,000+ sf. Small Photovoltaic Power Production Facility.)

Figure 2-2-3-14
Illustrative 10,000+ sf. Small Photovoltaic Power Production Facility

1. 1. All facilities that are not photovoltaic, concentrating solar, or located on or within a building shall be surrounded by a 30 percent opacity bufferyard.

1. Limitations on Use.
  1. Concentrated solar power generators shall be of a type that uses a linear collector system (e.g., parabolic trough or linear fresnell) and not a tower receiver.
  2. Fuel yards for biomass facilities shall be designed and located to control odors.
  3. No facilities shall burn inorganic wastes or tires.
  4. Wind generators shall not exceed the maximum building height in the zone by more than five feet. For horizontal axis wind generators, the height is measured to the top of the blade in its highest position.
2. Required Demonstrations for Geothermal Facilities. Applications for geothermal facilities shall demonstrate that the geology of the proposed location is appropriate for the use, such that the use will not result in subsidence or seismic events.

Electrical Substation. Electrical substations are allowed as a special use in the BP and LI zones, and may be allowed as a limited use in the EN (all sub-districts), EN-MF, RL, RM, RH, CG, CR, and PB zones, and as a conditional use in the RA zone if in addition to the other applicable standards of the LUDC, it is demonstrated that:
1. Limitation on Location in EN (all sub-districts) and EN-MF Zones. The following standards apply within the EN (all sub-districts) and EN-MF zones:
  1. New electrical substations are not allowed in the EN (all sub-districts) and EN-MF zones. However, existing facilities may continue as conforming uses.
  2. Existing electrical substations may be expanded if:
    1. The facility setback requirements below, are met; and
    2. The landscaping and buffering requirements below, are met.
2. Limitations on Use in EN (all sub-districts), EN-MF, RL, RM, and RH Zones. Substations in the EN (all sub-districts), EN-MF, RL, RM, and RH zones shall be for distribution or collector substation facilities only. Transmission substations are not allowed.
3. Setbacks. Electrical substations in the EN (all sub-districts), EN-MF, RL, RM, RH, CG, CR, PB, and RA zones shall be set back as follows:
  1. If the secure area of the substation has a footprint of 12,500 sf. or less, then it shall be set back at least:
    1. 50 feet from rights-of-way;
    2. 50 feet from nonresidential property lines; and
    3. 100 feet from residential property lines. (See Figure 2-2-3-14, Illustrative Setbacks and Landscaping for Substations.)
Figure 2-2-3-14
Illustrative Setbacks and Landscaping for Substations
1. If the secure area of the substation has a footprint of more than 12,500 sf., then it shall be set back at least:
  1. 100 feet from rights-of-way;
  2. 100 feet from nonresidential property lines; and
  3. 200 feet from residential property lines. Any substation equipment that is taller than 35 feet above the ground plane shall be set back an additional two feet for each additional foot in height above 35 feet.
2. The setbacks of this Subsection 3. may be waived if the utility lines are buried and the substation is concealed within an enclosed building or underground. In such cases, setbacks shall be the same as are applied to principal buildings in the same zone.
3. Landscaping and Buffering. Electrical substations in the EN (all sub-districts), EN-MF, RL, RM, RH, CG, CR, PB, and RA zones that are not concealed within buildings shall be landscaped and buffered as follows:
  1. An evergreen hedge shall be planted around the outside of the security fence, except at points of entry. The hedge shall be maintained at a height of at least five feet.
  2. A 20 percent opacity bufferyard that incorporates at least 50 percent evergreen trees shall be planted between the facility and all property lines, except in locations where a clear area is necessary for routing wires, vehicular access, or maintenance access. (See Figure 2-2-3-14, Illustrative Setbacks and Landscaping for Substations.)
Transmission Lines, Electrical. Electrical transmission lines are allowed in all zones according to the zones and use types specified in Table 2-1-3-7, Utility and Telecommunications Uses, if it is demonstrated that:
1. State Requirements. No new transmission lines shall be installed without a certificate of need from the Colorado Public Utilities Commission, or an exemption certification.
2. Use of Existing Easements. To the extent practicable, new transmission lines shall be located within existing transmission easements or routed outside of the City of Durango.
3. Location Priorities. New transmission lines that are not located within existing transmission easements shall be routed to minimize their impact on the natural resource and scenic values of the City, according to the following priorities, in descending order:
  1. Minimize impacts of construction and maintenance on habitat and natural systems;
  2. Avoid routes that follow ridge lines or cause poles or power lines to appear to rise above ridge lines;
  3. Avoid routes within 500 feet of the Animas River;
  4. Minimize visual impacts through the use of topographic features and existing stands of trees as screens between the route and areas of existing development within the City; and
  5. Minimize the impacts of poles and lines on existing development through spacing (measured as the shortest distance between the transmission line easement or right-of-way and the property line of the use), as follows:
    1. 300 feet from dwelling units, schools (all types), and places of assembly; and
    2. 500 feet from arterial streets.
Natural Gas Compressor Stations, General Transmission Lines, Natural Gas Laterals and Natural Gas Mains. See Division 4-4-10, Oil and Gas.

Effective on: 7/1/2014

Sec. 2-2-3-15 Standards for Telecommunication Uses

A.
Generally. The standards of this Section apply to telecommunication uses which are enumerated in Table 2-1-3-7, Utility and Telecommunication Uses, under the subheading "Telecommunication Uses" in instances where the use is shown as a special use ("S"), a limited use ("L"), or a conditional use ("C") in a particular zone. Note that other standards may also apply. See Section 2-2-1-2, Application of Article.
B.
Broadcasting Center. Broadcasting centers are allowed as a special use in the BP zone and may be allowed as a limited use in the CB, MU-N, MU-A, and LI zones, if in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. 1.
  CB, MU-N, and MU-A Zones. Broadcasting centers may include studios, but shall not include transmission or receiving equipment that is:
  1. a.
    Ground-mounted;
  2. b.
    Tower-mounted; or
  3. c.
    Mounted on the building, except that satellite dishes that are less than one meter in diameter and antennae that are less than 10 feet in height may be mounted on the roof.
2. 2.
  BP and LI Zones. Broadcasting centers may include studios and transmission equipment. Transmission and receiving equipment is subject to the following standards:
  1. a.
    Ground-mounted satellite dishes shall be set back at least 100 feet from all property lines, and screened by a 30 percent opacity bufferyard that includes a structure. If security fencing is used, it shall be located between the bufferyard landscaping and the satellite dishes.
  2. b.
    Roof-mounted equipment shall:
    i.
    Extend not more than 10 feet above the rooftop; and
    ii.
    Be screened from street-level views by parapet walls, which may extend up to six feet above the roof, provided that if they exceed the maximum height allowed for the zone, they are set back one foot per foot of additional height above the maximum allowable height.
  3. c.
    Tower-mounted equipment shall comply with the standards of Subsection D., below, that are applicable to telecommunications towers.
C.
Small Cell Telecommunication Facilities. Small cell telecommunication facilities may be allowed as a special use in all zone districts if the standards of this subsection are met.
1. 1.
  When placed on existing infrastructure, including but not limited to light poles or traffic signals, the equipment shall be as close to the physical dimensions, materials and colors of the existing infrastructure as practically possible. Any internal wiring and equipment should be encased or screened in an enclosure that is compatible in material and color to the structure upon which the small cell is located.
2. 2.
  New facilities to be constructed in self-contained structures placed directly onto public rights-of-way or public property shall be of a similar color that is identical to, or closely compatible with, existing infrastructure facilities such as light poles, traffic signal supports, or other types of poles. Structures designed to accommodate other uses beneficial to the public, such as kiosks and transit shelters, may house small cell facilities.
3. 3.
  Any facilities located in a locally or federally designated historic district shall be reviewed for comment by the Historic Preservation Board.
4. 4.
  Small cell installations may extend up to 20 feet taller than the building to which it is attached, or 10 feet taller than the maximum height allowed in the zone for a principal building, whichever is less. If the installation exceeds the allowed size it shall be considered a cellular antenna and subject to the standards described in Section 2-2-3-15(E) of this Chapter. Small cell facilities attached to a utility pole, light pole, or other similar structures, shall not extend more than 10 feet above the structure to which it is attached.
5. 5.
  Colocation Requirement. The intent of colocation is to have several providers use the same structure or site to keep the number of telecommunication facilities to a minimum as a means of reducing the overall visual impacts throughout the community. If colocation is a practical alternative to the construction of a new telecommunication tower, then colocation is required.
6. 6.
  Attachment Alternative. If it is practical to attach facilities to water towers, existing transmission towers, or existing buildings, or light poles or utility poles, then such locations shall be used instead of new telecommunications towers. The standards of Section 2-2-3-15(E)(4) shall apply to small cell facilities.
7. 7.
  Maintenance and Replacement. Existing facilities may perform routine maintenance, removal and replacement, or upgrades which do not impact the existing installation design or initial approval. Maintenance and replacement of existing facilities must apply for a special use permit with updated plans for documentation purposes and pay applicable fees but are not subject to public noticing requirements per Section 6-3-3-10 since there are no new impacts. Changes to existing facilities which impact the design, location, or initial approval must apply for a new special use permit and meet applicable standards of this section.
D.
Telephone Exchange; Telecommunication Hotel; Server Farm. Telephone exchanges, telecommunication hotels, and server farms may be allowed as a limited use in the CB zone if in addition to the other applicable standards of this LUDC, it is demonstrated that the use is not located within 100 feet of the right-of-way of Main Avenue.
E.
Wireless Telecommunication Facilities. Wireless telecommunication facilities are allowed in all zones according to the zones and use types specified in Table 2-1-3-7, Utility and Telecommunication Uses, if the standards of this subsection are met.
1. 1.
  Colocation Requirement. The intent of colocation is to have several providers use the same structure or site to keep the number of telecommunication facilities to a minimum as a means of reducing the overall visual impacts throughout the community. If colocation is a practical alternative to the construction of a new telecommunication tower, then colocation is required.
2. 2.
  Attachment Alternative. If it is practical to attach facilities to water towers, existing transmission towers, or existing buildings, or light poles or utility poles, then such locations shall be used instead of new telecommunications towers.
3. 3.
  Demonstration of Need and Study of Alternatives. No new telecommunication towers shall be approved unless it is demonstrated that:
  1. a.
    The proposed wireless telecommunication facility fits into and fills a need within an overall system plan for the City;
  2. b.
    The following locations are impractical alternatives for reasons of structural support capabilities, safety, available space, or service coverage area objectives that cannot be remedied through the use of alternative equipment that would provide the same services and coverage:
    i.
    Colocation on existing telecommunication towers;
    ii.
    Attachment to water towers or existing transmission towers; and
    iii.
    Attachment to existing buildings, or light or utility poles.
  3. c.
    There are no alternative sites within 8,000 feet of the parcel proposed for development that are:
    i.
    Available;
    ii.
    Feasible for the type and level of service proposed; and
    iii.
    Less visible from State highways, arterial streets, and areas of natural scenic value.
4. 4.
  Design Requirements for Attached Facilities. Wireless telecommunication facilities that are attached to existing buildings and structures, other than telecommunication towers, are subject to the following requirements:
  1. a.
    Attached facilities shall be placed on or within a building or structure, such as on the side of a building or parapet wall, architectural tower or cupola, in an architecturally sensitive manner. Facilities that are not concealed within a building or structure shall be of a neutral color that is identical to, or closely compatible with, the color of the supporting building or structure to which they are attached, so as to minimize their visual impacts.
  2. b.
    Where possible, attached facilities shall be disguised as an architectural feature or design element of a building, provided that the feature is compatible in terms of architectural style, height, mass, scale, and color; and reasonably screens the facility from ground level view.
  3. c.
    Façade mounted facilities (antenna mounted on the side of a building) may not extend above the parapet wall, or, in the case of a pitched roof, above the fascia.
  4. d.
    The maximum height of a facility that is mounted on a rooftop is the shorter of:
    i.
    20 feet taller than the building to which it is attached; or
    ii.
    10 feet taller than the maximum height allowed in the zone for a principal building.
  5. e.
    Rooftop antennas shall either be:
    i.
    Mounted to a penthouse;
    ii.
    Set back such that they are not visible from ground level on adjacent rights-of-way or residential uses or zones at a distance of 100 feet or less; or
    iii.
    Reasonably screened from ground level view, and designed in a manner which is compatible with the materials, colors, and architectural details of the existing building or structure.
  6. f.
    Rooftop facilities that extend more than 10 feet from the roof location where they are mounted shall be set back from building walls not less than one foot per foot above the tenth foot that the facility extends above the top of the building. This requirement may be waived only if the applicant demonstrates that it materially impedes the function of the facility.
  7. g.
    Equipment that does not depend upon an elevated location to operate shall be located:
    i.
    Within a building;
    ii.
    Within an underground enclosure; or
    iii.
    Within an enclosure at ground level which is screened from view from all abutting properties, streets, and trails.
5. 5.
  Location and Format Requirements for New Towers.
  1. a.
    Location. Telecommunication towers are not allowed:
    i.
    Within, or closer than 250 feet to, residential zone boundaries;
    ii.
    The CB zone; or
    iii.
    The River Corridor Overlay Zone;
  2. b.
    Setbacks. The minimum setback from the property line shall be:
    i.
    The setback applicable to principal structures in the zone in which the tower is located, plus one foot per foot that a tower extends above the maximum building height for the zone; or
    ii.
    An alternative setback, approved by the Administrator, for stealth freestanding facilities where the facility replaces or proposes an accessory structure to an established principal use, to include, but not limited to, signs, light poles, and flagpoles, where it is evidenced that the siting and location of the stealth freestanding facility with the alternative setback substantially camouflages or conceals the presence of the tower and antennas and has less visual impact than would be achieved by applying the principal structure setback.
  3. c.
    Separation.
    i.
    No telecommunication tower shall be constructed within 8,000 feet of any pre-existing telecommunication tower unless it is demonstrated that no additional telecommunication providers can be accommodated on the existing tower or on any other existing buildings or facilities. Tower separation shall be measured by following a straight line from the base of the proposed tower, which is closest to the base of any pre-existing tower.
    ii.
    The Administrator may reduce the separation requirements only if it is demonstrated that:
    (A)
    It is technologically impossible to locate the proposed tower on available sites more than 8,000 feet from a pre-existing tower and still provide the approximate coverage the tower is intended to provide;
    (B)
    The pre-existing telecommunication tower that is within 8,000 feet of the proposed tower cannot be modified to accommodate another provider; and
    (C)
    There are no available buildings, light or utility poles, or water towers on which antennas may be located and still provide the approximate coverage that the tower is intended to provide.
  4. d.
    Design for Future Colocation. All new telecommunication towers shall be designed to accommodate the colocation of additional providers and must comply with the following:
    i.
    New telecommunication towers of a height of 80 feet or more shall be designed to accommodate colocation of a minimum of two additional providers, either outright or through reasonable future modification to the tower.
    ii.
    New telecommunication towers of a height up to 80 feet shall be designed to accommodate colocation of a minimum of one additional provider, either outright or through reasonable future modification of the tower.
    iii.
    As a condition of issuing a permit to construct or operate a tower in the City, the owner/operator of the tower shall be required to allow colocation until said tower has reached full capacity. The number of allowable additional users shall only be limited by site parameters.
    iv.
    Telecommunication towers constructed or approved prior to the adoption of this Section may be modified to accommodate additional providers consistent with provisions for colocation in this Section.
    v.
    If an owner/operator chooses not to colocate and thus, erect a stand-alone tower, the applicant must specifically demonstrate to the satisfaction of the City the reasons why colocation is not possible.
    vi.
    The owner/operator of the potential tower will be required to enter into agreement with each provider locating on the tower, which states that all disputes with future providers concerning colocation and the terms and conditions of colocation shall be submitted to arbitration.
  5. e.
    Stealth Design Requirement. Towers shall be designed to be architecturally compatible with the surrounding area and to camouflage or conceal the tower and its attached facilities. Illustrative structures include, but are not limited to: artificial rocks and trees, freestanding clock towers and bell steeples, light poles, flagpoles, and artistic structures. This requirement may be waived only if it is demonstrated that a stealth design would interfere with the provision of adequate service.
  6. f.
    Color. If not designed as stealth facilities, telecommunication towers shall be nonreflective, unpainted galvanized steel or painted neutral colors or such shades that are appropriate and compatible with the surrounding environment.
  7. g.
    Lighting. No lighting shall be permitted on telecommunication towers except that required by the Federal Aviation Administration (FAA).
  8. h.
    Signage. No signs, striping, graphics, or other attention-getting devices are permitted on telecommunication towers or ancillary facilities except for warning and safety signage with a surface area of no more than three square feet. Such signage shall be affixed to a fence or ancillary facility. Not more than two signs are allowed.
6. 6.
  Noise. If the parcel proposed for development abuts property used for any of the uses set out in Table 2-1-3-3, Residential, Transient Residential, and Overnight Accommodations Uses; or for institutional residential, library, place of assembly, protective care, safehouse, shelter, school (any type), assisted living / congregate care, hospital, or nursing home purposes, then noise generating equipment shall be sound-buffered by means of baffling, barriers, other suitable means to reduce the sound level measured at the property line to not more than 45 dBA.
7. 7.
  Operations.
  1. a.
    Wireless telecommunication facilities shall remain operable. Facilities that become inoperable or otherwise cease to transmit, receive, or relay voice or data signals for a continuous period of six months or more are prohibited and shall be removed. (See also Section 6-1-3-1, Continuation and Termination.)
  2. b.
    Providers shall:
    i.
    Install and maintain all parts of their systems in a safe condition.
    ii.
    Install and maintain systems in accordance with standard prudent engineering practices.
    iii.
    Conform, when applicable, with the National Electrical Safety Code and all other applicable federal, state, and local laws or regulations.
    iv.
    At all reasonable times, permit examination of the system by any duly authorized representative of the City.

Effective on: 10/22/2025

Sec. 2-2-3-16 Standards for Industrial and Wholesale Uses

Generally. The standards of this Section apply to industrial uses which are enumerated in Table 2-1-3-8, Industrial, Wholesale, and Solid Waste Processing and Recycling Uses, under the subheading "Industrial and Wholesale Uses," in instances where the use is shown as a special use ("S"), a limited use ("L"), or a conditional use ("C") in a particular zone. Note that other standards may also apply. See Section 2-2-1-2, Application of Article.
Brewery / Distillery / Winery. Breweries, distilleries, and wineries are allowed as a special use in the BP zone if in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. Truck Routing Plan. If the use will involve more than two pick ups or deliveries per week by a semi-trailer, a truck routing plan is required (see Appendix C, Mitigation Plans).
2. Odor Management. The use will not create offensive odors which are perceptible from other properties in the BP zone or nearby residential zones.
3. Tasting Rooms. If the use includes a tasting room, then:
  1. The gross floor area used for the public portion of the tasting room shall be accessible only from inside the building.
  2. The tasting room shall be limited to not more than 15 percent of the building's gross floor area.
  3. The hours and days of operation shall be limited to the hours and days of the distillery or brewery operating schedule.
  4. In a tasting room associated with a distillery, only alcoholic beverages that are produced by the brewery, distillery, or winery may be served.
  5. Food may be served.
  6. Five additional parking spaces are required.
Extraction (Coal, Gravel, Sand and Other Minerals). Extraction of coal, gravel, sand, and other minerals may be allowed as a conditional use in the LI, RA, and OS zones if in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. Master Plan for Extraction. All extraction activities shall be in accordance with an adopted Master Plan for Extraction. (See Division 4-4-9, Minerals.)
2. Buffering. Extraction operations shall be:
  1. Buffered from adjacent land uses and public rights-of-way by an 80 percent opacity bufferyard; and
  2. Secured from trespass with a fence or wall located along the interior boundary of the bufferyard. The wall or fence count towards the opacity of the bufferyard.
3. Truck Routing Plan. A truck routing plan is required (see Appendix C, Mitigation Plans).
Extraction, Minor (Oil and Gas). Extraction of oil and gas may be allowed as a limited use in the RL, RM, RH, CG, CR, BP, LI, PB, RA, and OS zones if compliance with the performance standards for oil and gas facilities set out in Division 4-4-10, Oil and Gas is demonstrated.
Extraction, Major (Oil and Gas). Extraction of oil and gas may be allowed as a conditional use in thee RL, RM, RH, CG, CR, BP, LI,RA, OS, PB, and PD zones, if compliance with the performance standards for oil and gas facilities set out in Division 4-4-10, Oil and Gas is demonstrated.
Heavy Industry. Heavy industry uses may be allowed as a limited use in the LI zone and a conditional use in the BP zone if in addition to the other applicable standards of this LUDC, it is demonstrated that the standards of this subsection are met. It is the intent of the City Council to ensure that heavy industries are sited in locations where their impacts on residential neighborhoods and environmental resources (e.g., areas of special flood hazard, areas of geological hazard, and critical wildlife habitat areas) are minimized.
1. Minimum Area of Parcel Proposed for Development. The minimum area of the parcel proposed for development is:
  1. BP Zone. 10 acres
  2. LI Zone. 5 acres
2. Setbacks. Heavy industrial uses shall be set back from all property lines as follows:
  1. BP Zone. 200 ft.
  2. LI Zone. 100 ft.
3. Performance Criteria for Heavy Industries. Heavy industries shall not be of types that dispose of hazardous wastes on-site.
4. Outdoor Storage. Outdoor storage areas shall comply with the standards for storage yards set out in Section 2-2-3-18, Standards for Storage, Transportation, and Logistics Uses.
5. Truck Routing Plan. A truck routing plan may be required (see Appendix C, Mitigation Plans).
Light Industry. Light industry uses may be allowed as a limited use in the CR zone if in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. Location. The light industrial use shall be located such that it does not abut residential uses and zones and:
  1. A building that is used for commercial retail or wholesale use screens the use from arterial street rights-of-way;
  2. The use is located within the same building as a commercial retail or wholesale use and is accessed via a service entrance that is not located on an arterial street; or
  3. The use is located within a commercial retail or wholesale use, occupies less than 30 percent of the gross floor area of that use, and is not of a type that produces noise, dust, or fumes that are materially different than the retail or wholesale use.
2. Access. Access to the use may be from any classification of street, however, there shall be no residential use between the access point and the nearest intersection with an arterial or collector street.
3. Buffering. If the use is not part of a commercial retail or wholesale use according to Subsection G.1.b., above, and one or more of the interior property lines of the parcel proposed for development is a zone boundary, then a zone bufferyard shall be provided along zone boundaries as if the parcel proposed for development were zoned LI.
Wholesale. Wholesale uses may be allowed as a conditional use in the CG zone and a limited use in the CR zone if it is demonstrated that:
1. The use will be colocated with a commercial retail or restaurant business that sells the same type of products (e.g., a retail bakery may also wholesale baked goods to other retailers or to commercial or industrial uses).
2. If the use ships wholesale products by semi-trailer truck more than three times per week, then:
  1. It takes access from an arterial or collector street; and
  2. It is separated from residential uses and zone boundaries by at least 150 feet, measured as the shortest distance between property lines.

Effective on: 7/1/2014

Sec. 2-2-3-17 Standards for Solid Waste Processing and Recycling Uses

Generally. The standards of this Section apply to industrial uses which are enumerated in Table 2-1-3-8, Industrial, Wholesale, and Solid Waste Processing and Recycling Uses, under the subheading "Solid Waste Processing and Recycling Uses," in instances where the use is shown as a special use ("S"), a limited use ("L"), or a conditional use ("C") in a particular zone. Note that other standards may also apply. See Section 2-2-1-2, Application of Article.
Composting Facility. Composting facilities may be allowed as a limited use in the RA and PB zones, if in addition to the other applicable standards of this LUDC, it is provided that:
1. Limitations on Location. Composting facilities are not allowed within:
  1. Areas of special flood hazard;
  2. Areas of geologic hazard; or
  3. Critical wildlife habitat.
2. Minimum Area of Parcel Proposed for Development. The minimum area of the parcel proposed for development is five acres.
3. Minimum Setbacks. All composting operations, including storage of compostable wastes, must be set back 200 feet from all property lines.
4. Spacing.
  1. The use shall be spaced not less than 1,320 feet, measured as the shortest distance from the principal entrance of the use to the nearest property line of the use from which spacing is required, from:
    1. Lots that are developed with dwelling units;
    2. Residential zone boundaries;
    3. Parcel boundaries of schools, public parks, and child care centers; and
    4. Places of assembly.
  2. Composting facilities that are located within 10,000 feet of any airport runway end used by turbojet aircraft or within 5,000 feet of any airport runway end used only by piston-type aircraft shall be designed and operated in a manner that will not result in bird hazards (including bird strike hazards) to aircraft.
5. Truck Routing Plan. A truck routing plan is required (see Appendix C, Mitigation Plans).
6. Operations. Use, storage, or disposal of hazardous materials is not allowed.
7. Buffering. A 50 percent opacity bufferyard that includes a structure or berm is required along all property lines.
Disposal. Disposal facilities may be allowed as a limited use in the PB zone or a conditional use in the LI zone if, in addition to the other applicable standards of this LUDC, compliance with the standards of this Subsection is demonstrated. In addition, no disposal sites shall be developed or operated without a certificate of designation, as required by Title 30, Article 20, Part 1, Solid Wastes Disposal Sites and Facilities, Colorado Revised Statutes or Title 25, Article 15, Part 2, Hazardous Waste Disposal Sites, Colorado Revised Statutes, as applicable.
1. State Review.
  1. Applications for approval of a disposal facility shall be reviewed by the Colorado Department of Public Health and Environment (DPHE) pursuant to Title 30, Article 20, Part 1, Solid Wastes Disposal Sites and Facilities, Colorado Revised Statutes.
  2. The report and recommendation of DPHE are required prior to the processing of the application by the City.
  3. In addition to the application of the standards of this LUDC, no disposal site shall be approved without a recommendation of approval by DPHE.
  4. Technical conditions of approval made by DPHE shall be incorporated into the certificate of designation.
2. General Evaluation Criteria. No certificate of designation shall be issued unless the facility has a recommendation of approval by the DPHE and the City Council finds that:
  1. There is no exclusive site for solid waste disposal (pursuant to Section 30-20-107, Colorado Revised Statutes) with capacity to serve the City's needs;
  2. There is a demonstrated need for the facility to serve the residents and businesses of the City of Durango;
  3. The facility conforms to the Comprehensive Plan, as amended from time to time;
  4. The facility complies with all technical rules promulgated by DPHE;
  5. The financial assurances provided pursuant to Section 30-20-104.5, Colorado Revised Statutes, are adequate to serve their purposes; and
  6. The disposal facility would create a net public benefit to the region and the residents and property owners of the City of Durango, taking into account:
    1. The effect that the solid wastes disposal site and facility will have on the surrounding property, taking into consideration the types of processing to be used, surrounding property uses and values, and wind and climatic conditions;
    2. The convenience and accessibility of the solid wastes disposal site and facility to potential users;
    3. The ability of the applicant to comply with the health standards and operating procedures provided for in Title 30, Article 20, Part 1, Solid Wastes Disposal Sites and Facilities, Colorado Revised Statutes, and such rules and regulations as may be prescribed by the Department; and
    4. Recommendations by health departments that have jurisdiction within five miles of the facility.
3. Hazardous Waste Disposal Evaluation Criteria. No certificate of designation shall be issued unless the City Council finds all of the following:
  1. DPHE has made a recommendation of approval pursuant to Section 25-15-202(4)(c)(III), Colorado Revised Statutes.
  2. The site would not pose a significant threat to the safety of the public, taking into consideration:
    1. The density of population of the areas neighboring the site;
    2. The density of population of the areas adjacent to the delivery roads within a 50 radius of the site; and
    3. The risk of accidents during the transportation of waste to or at the site.
  3. The applicant has demonstrated a need for the facility by Colorado hazardous waste generators.
  4. The applicant has documented its financial ability to operate the proposed site.
  5. The applicant, taking into account its prior performance record, if any, in the treatment, storage, or disposal of hazardous waste, has documented sufficient reliability, expertise, and competency to operate and manage the proposed facility.
  6. The site conforms to the officially adopted land use plans, policies, regulations, and resolutions of the City.
4. Truck Routing Plan. A truck routing plan is required (see Appendix C, Mitigation Plans).
5. Limitations on Location. Disposal facilities are not allowed within:
  1. Areas of special flood hazard;
  2. Areas of geologic hazard; or
  3. Critical wildlife habitat.
6. Minimum Area of Parcel Proposed for Development. The minimum area of the parcel proposed for development is 100 acres.
7. Minimum Setbacks. All disposal operations must be set back at least 200 feet from all property lines.
8. Spacing.
  1. The use shall be spaced not less than 1,320 feet, measured as the shortest distance from the principal entrance of the use to the nearest property line of the use from which spacing is required, from:
    1. Lots that are developed with dwelling units;
    2. Residential zone boundaries;
    3. Parcel boundaries of schools, public parks, and child care centers; and
    4. Places of assembly.
  2. Disposal facilities that are located within 10,000 feet of any airport runway end used by turbojet aircraft or within 5,000 feet of any airport runway end used only by piston-type aircraft shall be designed and operated in a manner that will not result in bird hazards to aircraft.
9. Buffering.
  1. A 100 percent opacity bufferyard is required between the use and abutting street frontages.
  2. An 80 percent opacity bufferyard is required between the use and all other property lines.
Recycling Collection and / or Processing, Attended. Attended recycling collection and / or processing facilities may be allowed as a conditional use in the BP zone, if in addition to the other applicable standards of this LUDC, it is provided that:
1. Required Access. Access to the use shall be provided as follows:
  1. From an arterial or collector street; or
  2. From a local street if there is no residential use between the access point and the nearest intersection with an arterial or collector street.
2. Spacing. Attended recycling collection and / or processing facilities shall be spaced at least 200 feet from residential zone boundaries, measured as the nearest distance from property line to zone boundary line.
3. Limitations on Use.
  1. A processing facility may accept household hazardous wastes for recycling from the generator in accordance with applicable state health and safety regulations.
  2. All drop-off and storage of recyclable materials shall be:
    1. Within enclosed buildings; or
    2. In durable, rust-proof, water-tight containers that are stored under shelters, such that the containers are not visible from the street or abutting properties.
  3. Storage containers for combustible materials shall be approved by the Durango Fire and Rescue Authority.
  4. All containers shall be clearly marked to:
    1. Identify the types of material to be deposited, and, if needed, operating instructions; and
    2. Notify users that no material shall be left outside the recycling enclosure or containers.
  5. Processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding, and sorting recyclable materials. All processing of recyclable materials shall take place within an enclosed building. If the use is located within 500 ft. of a residential use or zone boundary, any power-driven processing equipment shall not operate between 7:00 PM and 7:00 AM.
  6. Facilities shall be secured from scavenging, and shall have a capacity that is sufficient to accommodate materials collected and the collection schedule proposed.
  7. The operation of the facility and the storage and handling of materials shall be practiced so as to prevent the attraction, harborage, or breeding of wildlife or insects, rodents, and other vectors (e.g., flies, maggots, roaches, rats, mice, and similar vermin) and to eliminate conditions which cause or may potentially cause:
    1. Harm to the public health and the environment;
    2. Congregation of birds;
    3. Safety hazards to individuals and surrounding property;
    4. Excessive odor problems;
    5. Unsightliness; and
    6. Other nuisances.
4. Maintenance. The use shall be maintained free of litter and any other undesirable materials, and must be cleaned of loose debris before the close of business each day.
5. Truck Routing Plan. A truck routing plan is required (See Appendix C, Mitigation Plans).
6. Buffering. The use shall be buffered on all sides by a 30 percent opacity bufferyard that includes a structure. (See Division 4-6-3, Buffering Requirements)
Recycling Collection, Unattended. Unattended recycling collection facilities, including reverse vending machines, may be allowed as a conditional use in the RH zone, and as a limited use in the CB, MU-N, MU-A, and CG zones, if in addition to the other applicable standards of this LUDC, it is provided that:
1. Exceptions from Standards of this Subsection. This subsection does not apply to:
  1. Facilities that are intended for use only by occupants of the parcel proposed for development on which the facilities are located (such facilities are subject to the standards of Section 3-5-1-4, Refuse, Recycling, and Compost Containers); and
  2. Reverse vending machines ("RVMs") that are located inside of nonresidential or mixed-use buildings (which are allowed).
2. Location. Facilities shall be located as follows:
  1. Developed Parcels. Unattended recycling collection containers and reverse vending machines that are located outdoors are allowed on nonresidential and mixed-use parcels in the CB, MU-N, MU-A, and CG zones, and within the neighborhood center of a TND in the RH zone, in the following locations:
    1. In loading or service areas;
    2. In dumpster enclosures; and
    3. In parking lots, provided that:
      1. They are installed in a manner that prevents unintended movement;
      2. They do not obstruct required parking spaces or circulation areas;
      3. They are not located closer than 30 feet to a primary building entrance; and
      4. They are located not less than 30 feet from property lines that abut streets or are screened from view from abutting properties by an opaque wall or fence.
  2. Vacant Parcels. On parcels that are not developed for other uses, unattended recycling collection facilities are allowed provided that:
    1. A paved surface is provided for vehicular access to the facilities, with sufficient dimension for drop-off and pick-up.
    2. Circulation is designed to avoid stacking onto arterial, collector, or local residential streets.
    3. All containers are located at least 15 feet from property lines.
  3. CB Zone. In the CB zone, unattended recycling collection facilities are limited to parcels that are located west of the Durango Silverton Narrow Gauge Railroad.
3. Size and Capacity.
  1. RVMs shall be no more than 50 sf. in footprint or more than eight feet high.
  2. The area occupied by RVMs, including the footprint of any protective structure, shall not exceed 250 sf.
  3. Collection containers other than RVMs shall have sufficient capacity to accommodate anticipated loads according to proposed service schedules.
4. Construction. All facilities shall be constructed and maintained with durable waterproof and rustproof material and shall be secured from scavenging.
5. Identification. All facilities shall be clearly marked to identify the types of material to be deposited, operating instructions, the phone number of the operator, and to display a notice stating that no material shall be left outside the recycling enclosure or containers. In addition, an attached sign is allowed that is not more than four square feet in area.
6. Maintenance. The area around the facilities shall be maintained in a clean, litter-free condition on a daily basis.
7. Hours of Operation. Where the facilities are located on a developed parcel, operating hours shall be at least the operating hours of the host use.
8. Lighting. RVMs that are located outdoors shall be illuminated in accordance with Division 4-3-2, Lighting if any of the operating hours are between dusk and dawn.
Salvage Yard. Salvage yards may be allowed as a conditional use in the LI zone, if in addition to the other applicable standards of this LUDC, provided that:
1. Automotive Salvage. Automotive salvage yards shall be:
  1. Surrounded by an 80 percent opacity bufferyard that includes a structure;
  2. Configured so that inoperable vehicles and other junk are not visible from abutting public rights-of-way and from state highways that are located within 1,000 feet of any property line of the use; and
  3. Spaced from other districts as follows:
    1. From residential or mixed-use zones: 2,640 feet; and
    2. From commercial zones: 750 feet.
2. Hazardous Waste or Hazardous Materials. No hazardous wastes or hazardous materials shall be accepted or deposited at any salvage yard, except as incidental to the salvage operation. Salvage operations shall be conducted to remove hazardous wastes and materials and dispose of them according to state and federal requirements.
3. Truck Routing Plan. A truck routing plan is required (See Appendix C, Mitigation Plans).
Waste Transfer Station. Waste transfer stations may be allowed as a limited use in the LI and PB zones, if in addition to the other applicable standards of this LUDC, it is provided that:
1. State Review. The City shall request a technical review of the site and facility documents and operation plan from DPHE pursuant to 6 CCR 1007-2 § 7.1 for all applications for approval of a waste transfer station.
2. Location Requirements.
  1. No waste transfer station or recycling center shall be located within 1,000 feet of the right-of-way of any state highway.
  2. Waste transfer stations shall be located so that truck traffic generated by the station can access an arterial street without need for travel upon a public street within or adjacent to any residential use or zone area or along thoroughfares adjacent to any public park or public recreational area or facility.
3. Setbacks. No building or area in which the unloading, storage, processing, or transfer of wastes or recyclable materials takes place shall be located within:
  1. 50 feet of the lot line on which the waste transfer station is located; or
  2. 200 feet of:
    1. A lot line of a residential use or zone;
    2. Any nonresidential structure located on property that is not owned or leased by the owner of the waste transfer station;
    3. Any area of special flood hazard;
    4. Any wetland;
    5. Any water well;
    6. Any natural or artificial pond (including a detention or retention pond or facility); natural stream, water way, or water course; or
    7. An artificial drainage way or canal.
4. Minimum Area of Parcel Proposed for Development. The minimum area of a parcel proposed for development as a waste transfer station is two acres.
5. Design Requirements.
  1. Generally.
    1. The site shall be designed such that all activities associated with waste transfer, such as tipping, sorting, storage, compaction, transfer, reloading, and related activities are conducted in a fully enclosed building. No outdoor storage of materials or equipment is allowed. Appropriate enclosed office / and plumbed employee restroom facilities must be provided on-site.
    2. Adequate snow storage areas shall be provided within the site of the waste transfer station. Snow storage areas shall be made accessible and available at all times for exclusive use for snow storage from October 1 to April 30 of each year.
  2. Mitigation of Hazards to Aircraft. Waste transfer stations handling putrescible wastes within 10,000 feet of any airport runway end used by turbojet aircraft or within 5,000 feet of any airport runway end used only by piston-type aircraft shall be designed and operated in a manner that will not result in hazards (including bird strike hazards) to aircraft.
  3. On-Site Parking and Roads.
    1. The facility shall be designed with sufficient off-street parking and stacking areas to accommodate all employees, visitors, and trucks. Public streets shall not be utilized at any time for parking, stacking, or storage of employee vehicles, visitor vehicles, or trucks. (See Section 4-5-2-2, Required Off-Street Parking Spaces.)
    2. The facility shall be designed with sufficient drive aisles and parking areas to avoid potential conflicts between facility operations by trucks and passenger vehicles (e.g., for drop-off of household wastes), and the use of emergency access easements and fire lanes.
    3. The road surface design shall be suitable for heavy vehicles and the road base shall be capable of withstanding all expected loads.
    4. On-site roads shall be passable by loaded collection and transfer vehicles in all weather conditions.
    5. The road system shall be designed to eliminate the need for the backing of truck traffic.
  4. Capacity. Adequate storage space for all wastes shall be available at the transfer station in a fully enclosed building. No outside storage of wastes or outside storage of materials used at the facility are allowed. Solid wastes shall not remain at the transfer station for more than 72 hours. Any solid waste that is to be kept overnight at the station shall be stored in an impervious, enclosed structure.
  5. Unloading and Loading Areas.
    1. The unloading area shall be adequate in size and design to facilitate efficient unloading from the collection vehicles and the unobstructed movement of vehicles.
    2. The unloading and loading pavement areas shall be constructed of concrete or asphalt paving material and equipped with adequate drainage structures and systems.
    3. Processing, tipping, sorting, storage, and compaction areas shall be located within an enclosed building.
    4. Provisions shall be made for weighing or measuring all solid wastes transferred to the facility.
    5. Sufficient internal storage areas shall be provided for incoming solid wastes.
  6. Fencing and Aesthetics.
    1. Waste transfer station design shall include a six foot perimeter fence interrupted only by necessary access and maintenance gates. If the facility is visible from an arterial or collector street, then fencing shall be constructed of brick, block, stone, or other materials with similar aesthetic and quality characteristics.
    2. Facility layout, building materials, and building design shall, to the greatest extent practicable, be planned to mitigate the appearance of the facility from off-site locations when viewed through gated openings that will remain open during daylight or business hours.
  7. Waste Liquid Collection and Disposal.
    1. All waste transfer stations shall be designed and constructed to include a collection and disposal system that will prevent liquids contained in waste materials and generated by normal operations, such as wash-out and cleaning of equipment, trucks, and floors (“waste liquids”), from contaminating the soil, surface water, or ground water.
    2. Tipping, loading, and unloading areas shall be constructed of impervious material and equipped with drains connected to either:
      1. A sanitary sewer system if approved by the City Engineer; or
      2. A corrosion-resistant holding tank; or
      3. An alternative system, if the applicant demonstrates that the alternate design will prevent waste liquids from contaminating the soil, surface water, and ground water.
6. Operational Requirements.
  1. Waste Acceptance. Only household wastes, commercial, and industrial wastes and recyclable materials shall be accepted at any waste transfer station. Unless otherwise collected in accordance with a plan approved by the City, no wastes classified as hazardous in accordance with C.R.S. § 25-15-101 et seq. shall be knowingly accepted. No asbestos wastes shall be knowingly accepted at a transfer station facility. The operator shall employ a plan for proper identification, control, and disposal of hazardous and asbestos wastes.
  2. Overnight Truck Parking. Trucks or vehicles shall not be parked or stored overnight at the waste transfer station unless screened from public rights-of-way. Any vehicle maintenance services shall be a secondary and subordinate use of the site and shall be limited to maintenance of vehicles associated with trash collection and transfer at the waste transfer station. Junked or inoperable vehicles shall not be stored at a waste transfer station.
  3. Emergency Access Required. Emergency access easements and fire lanes shall be maintained at all times in an unobstructed and fully accessible condition.
  4. Supervision of Facility. The waste transfer station or recycling center shall have an on-site operator on duty at all times that the facility is open. Such operator shall be licensed and/or certified if licensure or certification is required by state law. Suitable security measures and signage shall be provided to limit unauthorized persons from access to the facility when the station is closed.
  5. Control of Litter, Insects, Odors, and Vectors. The operation of the waste transfer station and the storage and handling of all solid wastes shall be practiced so as to prevent the attraction, harborage, or breeding of wildlife or insects, rodents, and other vectors (e.g., flies, maggots, roaches, rats, mice, and similar vermin), and to eliminate conditions which cause or may potentially cause:
    1. Harm to the public health and the environment;
    2. Congregation of birds;
    3. Safety hazards to individuals and surrounding property; and
    4. Excessive odor problems, unsightliness, and other nuisances.
  6. Facility Maintenance.
    1. Waste transfer stations shall be maintained in a neat and orderly appearance at all times through the control of uncontained waste, trash, and litter. Operators shall cause periodic policing not less than once every day (or more often as needed) of the entire waste transfer station or recycling center site.
    2. Sanitary conditions shall be maintained through the periodic wash-down or other appropriate cleaning method of the transfer station and transfer vehicles. Frequency of cleaning shall be sufficient to prevent odors and other nuisance conditions from developing. All residuals shall be properly disposed of following cleaning operations.
  7. Other Operational Requirements and Prohibitions.
    1. No liquids, other than those used to disinfect, to suppress dust, or to absorb or cover odors from the solid waste, shall be added to the solid waste.
    2. Open burning is prohibited.
    3. Scavenging is prohibited.
7. Operations Plan Requirements. The Operations Plan shall describe all activities to be conducted at the waste transfer station and describe programs and requirements to be imposed to ensure compliance with the provisions of this Section. The Operations Plan shall be maintained and be made readily available for reference and inspection at the waste transfer station or recycling center, and shall be updated and re-approved by the City, as necessary, to reflect changes in operations. The Operations Plan shall, at a minimum, describe:
  1. How the requirements of this Section will be satisfied;
  2. The schedule of operations including the days and hours that the facility will be open;
  3. Personnel required and their training and responsibilities;
  4. A description of measures that will be taken to identify and control undesirable wastes received that could either contaminate other wastes or pose unusual health hazards and risks to employees, such as infectious medical waste and hazardous wastes;
  5. Equipment provided at the facility and its operation;
  6. Site access control method;
  7. A description of potential safety hazards and the safety equipment and protective gear to be available on site, including, but not limited to, showers, eye wash stations, fire extinguishers, hoses, hard hats, safety goggles, respirators, hearing protection devices, and personal hygiene facilities;
  8. Fire fighting procedures, including availability of water for fire fighting;
  9. A contingency plan outlining the corrective or remedial measures that will be taken if unapproved wastes are delivered to the facility and in the event of odors, surface or ground water contamination, spills, equipment breakdown, and other undesirable conditions such as fires, dust, and noise; and
  10. Other information as required by the City that is appropriate to the facility Operations Plan.
8. Truck Routing Plan. A truck routing plan is required (See Appendix C, Mitigation Plans).

Effective on: 7/1/2014

Sec. 2-2-3-18 Standards for Storage, Transportation, and Logistics Uses

A.
Generally. The standards of this Section apply to storage, transportation, and logistics uses which are enumerated in Table 2-1-3-9, Storage, Transportation and Logistics Use / Zone Matrix, in instances where the use is shown as a special use ("S"), a limited use ("L"), or a conditional use ("C") in a particular zone. Note that other standards may also apply. See Section 2-2-1-2, Application of Article.
B.
Airports. Airports may be allowed as a conditional use in the LI, PB, and RA zones, if in addition to the other applicable standards of this LUDC, it is provided that:
1. 1.
  Limitation on Location. New airports are not allowed. Existing airports may be expanded onto abutting property.
2. 2.
  Master Plan and Activity Forecast. The airport shall provide a master plan for its physical expansion and a forecast of aviation activity. The master plan and activity forecast may be approved if it is demonstrated that:
  1. a.
    The proposal is designed to minimize the impact on existing residential uses by:
    i.
    Minimizing the number of existing residences that are brought within the 55 DNL noise zone; and
    ii.
    Ensuring that residential uses do not come within the 65 DNL noise zone unless they are subject to an aviation easement that allows inclusion in this zone; and
  2. b.
    The proposal does not materially interfere with the development of nearby property within the City of Durango, or within joint planning areas designated by intergovernmental agreement with La Plata County, for commercial or industrial uses due to the location of safety zones.
3. 3.
  Compliance with Federal Standards. The airport shall demonstrate compliance with all other federal regulations applicable to airport expansion or reconfiguration.
C.
Airstrips. Airstrips may be allowed as a conditional use in the LI zone, and a limited use in the RA and PB zones, if in addition to the other applicable standards of this LUDC, it is provided that:
1. 1.
  Minimum Area of Parcel Proposed for Development. No airstrip shall be constructed on a parcel that is less than 80 acres in area.
2. 2.
  FAA Determinations. Applications for construction of an airstrip shall include a determination by the Federal Aviation Administration (FAA) of "no objection" or "conditional," pursuant to 14 CFR § 157.7, FAA Determinations. If the determination is "conditional," then the applicant shall demonstrate how the conditions will be met.
3. 3.
  Spacing. Airstrips shall be spaced not less than 1,500 feet, measured as the shortest distance from the edge of the airstrip to the nearest property line of the use from which spacing is required, from:
  1. a.
    Lots that are developed with dwelling units;
  2. b.
    Residential zone boundaries;
  3. c.
    Parcel boundaries of schools, public parks, and child care centers that are located within the City limits; and
  4. d.
    Places of assembly.
D.
Heliports and Helistops. Heliports may be allowed as a conditional use in the PB zone, and helistops are allowed as a special use in the BP, LI, and PB zones, if in addition to the other applicable standards of this LUDC, it is provided that:
1. 1.
  FAA Determinations. Applications for construction of a heliport or helistop shall include a determination by the Federal Aviation Administration (FAA) of "no objection" or "conditional," pursuant to 14 CFR § 157.7, FAA Determinations. If the determination is "conditional," then the applicant shall demonstrate how the conditions will be met.
2. 2.
  Spacing.
  1. a.
    Heliports and helistops shall be spaced, measured as the shortest distance from the boundary of the touchdown and lift-off area to the nearest property line of the use from which spacing is required, as follows:
    i.
    At least 1,000 feet (horizontal distance) from single-family detached, duplex, townhome, multiplex, and manufactured home residential uses, and all types of schools; and
    ii.
    At least 600 feet (horizontal distance) from multifamily uses.
  2. b.
    Alternatively, a heliport may be located at the Durango La Plata County Airport or Animas Air Park.
3. 3.
  Design. Heliports shall be designed according the applicable design standards set out in U.S. Department of Transportation Advisory Circular No. 150/5390-2B, dated September 30, 2004, as may be amended or supplemented from time to time; and shall meet all Federal Aviation Administration (FAA) requirements.
E.
Taxi or Bus Station. Taxi stations and bus stations may be allowed as a limited use in the MU-N and LI zones, if in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. 1.
  MU-N Zone. The use is limited to taxi stations, which are subject to the following standards:
  1. a.
    The use may include overnight storage of up to four vehicles.
  2. b.
    Individual vehicles shall not have a capacity of more than 10 persons.
2. 2.
  LI Zone. Taxi stations and bus stations are allowed if they are located at least 150 feet from residential uses and zones, measured as the shortest distance between respective property lines.
F.
Truck Stop. Truck stops may be allowed as a limited use in the CG, CR, BP, and LI zones if in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. 1.
  Access. Access to the use shall be designed to prevent conflicting traffic movements. Acceleration and deceleration lanes may be required.
2. 2.
  Location and Spacing.
  1. a.
    Within the zones that they are allowed, truck stops are limited to parcels that front on U.S. 160 and its frontage roads, where present, except that no truck stop shall be located along the segment of U.S. 160 between its intersection with Colorado Highway 172 and its intersection with County Road 232.
  2. b.
    Truck stops shall be spaced 600 feet from any residential use or zone, measured as the shortest distance between the property lines of the truck stop and the boundary lines of the residential use or zone.
3. 3.
  Buffering.
  1. a.
    Property lines that are not also rights-of-way lines are landscaped with a 30 percent opacity bufferyard that includes a six foot tall masonry wall; and
  2. b.
    Property lines that are also rights-of-way lines are landscaped with a 10 percent opacity bufferyard.
4. 4.
  Operations. Areas where trucks park overnight shall be located behind the principal building.
G.
Package Delivery, Small. Small package delivery facilities, may be allowed as a limited use in the CB, MU-N, MU-A, CG, and CR zones, if in addition to the other applicable standards of this LUDC, it is provided that:
1. 1.
  Buffering. Loading zones and vehicular circulation/parking areas shall be screened from adjacent properties with a 20 percent opacity bufferyard.
2. 2.
  Limitations on Loading.
  1. a.
    Wherever possible, loading and circulation areas shall be located to the rear of the principal building.
  2. b.
    Truck loading and unloading may not take place on public rights-of-way, except in areas specifically designed and approved by the City Engineer for this activity.
  3. c.
    At no time shall a loading area interfere with the normal flow of vehicular or pedestrian traffic on any street.
  4. d.
    No use may remove public street parking spaces from adjacent rights-of-way in order to provide for permanent loading and/or unloading areas.
3. 3.
  Limitations on Use. Vehicles are limited to 3/4 ton capacity.
H.
Parking Lot. Parking lots may be allowed as a limited use in the RH, CB, MU-N, MU-A, and CG zones, if in addition to the other applicable standards of this LUDC, it is provided that:
1. 1.
  Access. The location of ingress and egress points shall minimize traffic congestion and the effect of headlights on residential property and street operations.
2. 2.
  Structures. A parking lot may have no more than one accessory building, to be used only for sheltering a parking attendant. A parking lot may also be located on the same parcel as a parking structure (which is subject to Subsection I., below).
3. 3.
  Buffering. Parking lots shall be buffered as follows:
  1. a.
    The bufferyard along boundaries of the parking lot that abut a residential use or zone shall include a six-foot tall opaque fence or wall. (See Section 4-6-4-4, Parking Lots.)
  2. b.
    A 20 percent opacity bufferyard is required along street rights-of-way. If a residential use or zone is located across the right-of-way, the bufferyard shall include a solid fence, not to exceed four feet in height, installed parallel to each street property line, along the entire property line except at points of access or where it would create a traffic or fire hazard.
I.
Parking Structures. Parking structures may be allowed as a conditional use in the RH, MU-N, and MU-A zones, and a limited use in the CB zone, if it is demonstrated that:
1. 1.
  Demonstrations. The parking structure will contribute to the development of a pedestrian-friendly urban environment in the district by reducing the impact of required on-site parking (and related access) on individual sites.
2. 2.
  Access. The location of ingress and egress points shall minimize traffic congestion and the effect of headlights on residential uses and zones and street operations.
3. 3.
  Height. Parking structures in the RH, MU-N, and MU-A zone shall not exceed two levels above grade.
4. 4.
  Buffering. Parking structures shall be buffered as follows:
  1. a.
    The structure shall be screened from view from streets by:
    i.
    Intervening buildings;
    ii.
    Attached buildings that contain other uses that are permitted in the zone in which the structure is located;
    iii.
    Permitted land uses other than parking which are incorporated into the parking structure; or
    iv.
    If the structure is located in the RH, MU-N, or MU-A zones, or in the CB zone on a parcel that fronts on U.S. 550, a 20 percent opacity bufferyard; and
  2. b.
    The structure shall be screened from abutting residential uses or zones by a 30 percent opacity bufferyard that includes a structure.
J.
Self-Storage, Outside Access. Self-storage with outside access may be allowed as a conditional use in the in the CG zone and a limited use in the BP zone, if in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. 1.
  Location.
  1. a.
    In the CG zone, the self-storage use shall be located such that:
    i.
    It does not abut residential uses or zones; and
    ii.
    A building that is used for commercial retail or wholesale use screens the use from arterial rights-of-way.
  2. b.
    In the BP zone, the self-storage use shall be located such that it does not abut:
    i.
    Residential uses or zones; or
    ii.
    An arterial street.
2. 2.
  Maximum Parcel Size. Parcels proposed for development with self-storage facilities shall not exceed five acres in area.
3. 3.
  Limitations on Use. The operator/owner of a self-storage facility shall ensure that the following requirements are met, and shall provide notice to tenants or purchasers of the following requirements:
  1. a.
    Climate controlled self-storage facilities are permitted. In no event, however, shall a self-storage facility be refrigerated (climate controlled at a temperature below 55 degrees Fahrenheit for more than one hour per day).
  2. b.
    The self-storage facility shall be secured so that access is limited to tenants (or owners) and fire, police, or emergency service officials.
  3. c.
    No self-storage unit shall be used for the storage of explosives, ammunition, hazardous, or flammable materials.
  4. d.
    No outdoor storage is permitted on the site of the self-storage facility, except that vehicles (including passenger vehicles, light trucks, boats, and recreational vehicles) may be stored if the vehicle storage area is screened from abutting property and rights-of-way by storage building walls and / or a 40 percent opacity bufferyard that includes a structure.
  5. e.
    If the facility abuts a residential use or zone boundary, it shall be closed and secured between the hours of 9:00 PM and 7:00 AM.
  6. f.
    No unit within a self-storage facility shall contain electrical outlets for use by the tenants.
  7. g.
    Self-storage units shall be used solely for the purpose of storage of goods and possessions and shall not be used for conducting or operating a business, hobby, band rehearsal, or any type of activity not related to the storage of personal property of the owner or tenant of the unit. However, a garage sale of goods located within a self-storage unit is allowed upon the termination of the rental contract for that unit.
4. 4.
  Site Layout. The facility must provide convenient, attractive, and protected pedestrian pathways and entries. The pedestrian paths shall be shown on the site plan at the time of application.
5. 5.
  Design. The design standards of Section 3-4-4-8, Self-Storage Facility Design Standards, may apply pursuant to that Section's requirements.
6. 6.
  Buffering. Self-storage facilities shall be surrounded by a 30 percent opacity bufferyard that includes a structure. The rear building walls of perimeter buildings may be counted towards the structure requirement if they do not include doors or windows. Those portions of self-storage facilities that face service areas at the rear of abutting nonresidential uses are not subject to the bufferyard requirement.
7. 7.
  Effect in Urbanizing Area. Any self-storage use with outside access that is located within the City of Durango urbanizing area shall be subject to the requirements of this Subsection.
K.
Self-Storage, Interior Access. Self-storage with interior access is allowed as a special use in the CB, MU-N, and MU-A zones, if in addition to the other applicable standards of this LUDC, it is provided that:
1. 1.
  Location. Self-storage units shall not be located at ground level unless:
  1. a.
    They are accessed from an alley; and
  2. b.
    A different use at ground-level is accessed from the street side of the building.
2. 2.
  Building Design. Buildings that include self-storage facilities on upper floors shall be designed with upper floor fenestration that is typical of office uses.
L.
Storage Yard. Storage yards may be allowed as a conditional use in the BP zone, and a limited use in the LI and PB zones, if in addition to the other applicable standards of this LUDC, it is provided that:
1. 1.
  Location. In the BP and LI zones, storage yards shall not be located on parcels that abut a state highway.
2. 2.
  Fencing. Storage yards shall be enclosed by a 30 percent opacity bufferyard that includes a structure.
3. 3.
  Materials.
  1. a.
    Liquids, gels, and pastes (e.g., paints, sealers, etc.) shall be stored only in enclosed buildings.
  2. b.
    Storage of explosives is not allowed.
  3. c.
    Storage of more than 10 gallons of motor fuel is not allowed.
4. 4.
  Disposal Prohibited. Storage yards shall not be used to dispose of inoperable machines or wastes. Temporary storage of construction wastes generated by the contractor who operates the storage yard is permitted, provided that:
  1. a.
    The materials are not stored for more than 48 hours;
  2. b.
    The materials do not generate dust;
  3. c.
    The materials do not contain hazardous materials such as lead or asbestos; and
  4. d.
    The materials are of types that will not become wind-blown debris.
5. 5.
  Property Maintenance. Storage yards shall be maintained at all times in an orderly manner.
M.
Warehousing and Distribution. Warehousing and distribution may be allowed as a limited use in the CG and CR zones, if in addition to the other applicable standards of this LUDC, it is provided that:
1. 1.
  Location. The commercial warehousing and distribution facility shall not front on a state or federal highway. However, it may be located on a parcel with such frontage if it is screened from view from the highway by the principal building of a commercial retail or wholesale use.
2. 2.
  Access. The commercial warehousing and distribution facility shall be located such that trucks have direct access to a collector or arterial street, or to a local street that is only used for warehousing and distribution purposes.
3. 3.
  Truck Routing Plan. A truck routing plan is required (see Appendix C, Mitigation Plans).

Effective on: 7/1/2014

Sec. 2-2-3-19 Standards for Agricultural Uses

Generally. The standards of this Section apply to agricultural uses which are enumerated in Table 2-1-3-10, Agricultural Use / Zone Matrix, in instances where the use is shown as a special use ("S"), a limited use ("L"), or a conditional use ("C") in a particular zone. Note that other standards may also apply. See Section 2-2-1-2, Application of Article.
Apiaries. Apiaries may be allowed as a limited use in the OS zone, if in addition to the other applicable standards of this LUDC, it is provided that:
1. Hives. All bee colonies shall be kept in hives with removable combs, which shall be kept in sound and usable condition.
2. Setbacks.
  1. All hives shall be located at least five feet from any property line.
  2. Apiaries shall be set back at least 200 feet from the property lines of schools and all types of day care facilities.
3. Fencing of Flyways. In each instance in which any colony is situated within 25 feet of a property line of the tract upon which the apiary is situated, or within 25 feet of an area of the property used for public recreation or assembly (e.g., picnic tables, playground, etc.), as measured from the nearest point on the hive to the property line or recreation / assembly area, the beekeeper shall establish and maintain a flyway barrier at least six feet in height, consisting of a solid wall or fence parallel to the property line or recreation / assembly area and extending 10 feet beyond the colony in each direction, so that all bees are forced to fly at an elevation of at least six feet above ground level over the property lines in the vicinity of the apiary.
4. Water. Each property owner or beekeeper shall ensure that a convenient source of water is available at all times to the bees so that the bees will not congregate at water sources where they may cause human, bird, or domestic pet contact. The water shall be maintained so as not to become stagnant.
5. Maintenance.
  1. Each property owner or beekeeper shall ensure that no bee combs or other materials that might encourage robbing are left upon the grounds of the apiary site. Upon their removal from the hive, all such materials shall promptly be disposed of in a sealed container or placed within a building or other bee-proof enclosure.
  2. Any bee colony not residing in a hive structure intended for beekeeping, or any swarm of bees, or any colony residing in a standard or homemade hive which, by virtue of its condition, has obviously been abandoned by the beekeeper, is unlawful and may be summarily destroyed or removed from the City by the Administrator, or a designee.
6. Queens. In any instance in which a colony exhibits unusually aggressive characteristics by stinging or attempting to sting without due provocation, or exhibits an unusual disposition towards swarming, it shall be the duty of the beekeeper to requeen the colony. Queens shall be selected from stock bred for gentleness and non-swarming characteristics.
7. Colony Densities.
  1. No more than the following number of colonies are allowed on any lot or parcel within the City, based upon the size or configuration of the parcel on which the apiary is situated:
    1. Lot or parcel area 1/4 acre up to but not including 1/2 acre: 4 colonies.
    2. Lot or parcel area 1/2 acre up to but not including one acre: 6 colonies.
    3. Lot or parcel area one acre or more: 8 colonies.
    4. Regardless of lot or parcel size, where all hives are situated at least 200 feet in any direction from all property lines of the lot on which the apiary is situated, there shall be no limit to the number of colonies.
  2. For each two colonies that are allowed on a lot or parcel, there may be maintained upon the same lot or parcel one nucleus colony in a hive structure not exceeding one standard 9 5/8-inch depth, 10-frame hive body with no supers attached, as required from time to time for management of swarms. Each such nucleus colony shall be disposed of or combined with an allowed colony within 30 days after the date it is acquired.
Community Gardens. Community gardens may be allowed as a limited use in the EN (all sub-districts) and RL zones, and are allowed as a special use in the EN-MF, RM, RH, CB, MU-N, MU-A, CG, CR, BP, and LI zones, if in addition to the other applicable standards of this LUDC, it is provided that:
1. Location. Community gardens are allowed in the locations set out in Table 2-2-3-19, Community Garden Locations.

Table 2-2-3-19 Community Garden Locations
Location	Zone
Location	EN	EN-MF	RL	RM	RH	CB	MU-N	MU-A	CG	CR	BP	LI
Public Parks
Common Open Space						-			-	-		-
Private Lots												-
Roof Tops	-	-	-	-	-				-	-	-

Table 2-2-3-19 Community Garden Locations
Location	Zone
Location	EN	EN-MF	RL	RM	RH	CB	MU-N	MU-A	CG	CR	BP	LI
Public Parks
Common Open Space						-			-	-		-
Private Lots												-
Roof Tops	-	-	-	-	-				-	-	-

Table 2-2-3-19 Community Garden Locations
Location	Zone
Location	EN	EN-MF	RL	RM	RH	CB	MU-N	MU-A	CG	CR	BP	LI
Public Parks
Common Open Space						-			-	-		-
Private Lots												-
Roof Tops	-	-	-	-	-				-	-	-

Table 2-2-3-19 Community Garden Locations
Location	Zone
Location	EN	EN-MF	RL	RM	RH	CB	MU-N	MU-A	CG	CR	BP	LI
Public Parks
Common Open Space						-			-	-		-
Private Lots												-
Roof Tops	-	-	-	-	-				-	-	-

1. Setbacks. Garden plots that are located at ground level shall be set back at least 10 feet from all property lines.
2. Provision of Water. The garden must have at least one water tap, plus:
  1. A water tap for each four plots, or
  2. An irrigation system for watering garden plots.
3. Design and Use.
  1. If garden plots are assigned to individuals, the plots shall be bounded in a manner that provides for separation and identification of individual plots.
  2. Composting facilities are allowed, provided that:
    1. They are of a type that minimizes odors and fire risks; and
    2. They are used to compost only organic wastes that are generated by the community garden.
  3. Bear-proof trash collection facilities shall be provided on-site.
  4. Secured storage buildings for gardening equipment are allowed. However, if the garden is counted towards common open space requirements, then individual storage buildings shall not exceed 200 square feet in gross floor area, and the total gross floor area of storage buildings shall not exceed one percent of the land area used for community gardens.
4. Buffering. Generally, buffering is not required. However, in the EN (all sub-disticts) , EN-MF, RL, RM and RH zones, community gardens that are located on private lots and which are situated closer than 30 feet to the side or rear lot line of an abutting residential lot shall be buffered from side or rear property lines with a five-foot tall opaque fence. This requirement may be waived or reduced if the consent of the affected abutting landowner is obtained in writing and recorded in the public records of La Plata County.
5. Maintenance Plan. The applicant shall provide a maintenance plan to the City that includes:
  1. Contact information for a person or entity that is ultimately responsible for the management and maintenance of the garden; and
  2. A description of how necessary operation and maintenance activities will be provided and funded (e.g., irrigation system upkeep, trash removal, maintenance of composting systems, payment of water and insurance bills, maintenance of landscaped areas outside of garden plots, etc.).
Packing, Flowers, Fruits, Nuts, Grains, and Vegetables. Packing of flowers, fruits, nuts, grains, and vegetables is allowed as a special use in the CR zone, if in addition to the other applicable standards of this LUDC, it is provided that:
1. Limitation on Use. The use shall be combined with the on-site retail sales of the items that are packed.
2. Truck Routing Plan. If the use will involve the regular use of semi-trailer trucks, a truck routing plan is required (See Appendix C, Mitigation Plans).
Packing or Processing, Meat. Packing and / or processing of meat may be allowed as a limited use in the CR zone, and as a conditional use in the RA zone, if in addition to the other applicable standards of this LUDC, it is provided that:
1. Waste and Odor Control. The use shall be designed such that odors from waste products and by-products are contained until wastes are removed from the site for further processing (e.g., at a rendering plant) or disposal. This may include storage of waste containers in refrigerated enclosures or the use of air-tight waste containers.
2. Limitation on Use. In the CR zone, the use shall be combined with the on-site retail sales of the items that are packed.
3. Truck Routing Plan. If the use will involve the regular use of semi-trailer trucks, a truck routing plan is required (See Appendix C, Mitigation Plans).
Veterinarian, Large-Animal and Livestock. Veterinarian, large-animal and livestock, is allowed as a special use in the CR zone, if in addition to the other applicable standards of this LUDC, it is provided that:
1. Location. The use shall be located in a free-standing building and shall not abut a residential use or zone.
2. Boarding of Animals. Boarding of animals is not allowed.
Nursery or Greenhouse, Wholesale. Wholesale nurseries and greenhouses may be allowed as a limited use in the LI and RA zones, if in addition to the other applicable standards of this LUDC, it is provided that:
1. Required Access. Access to the use shall be provided as follows:
  1. From an arterial or collector street; or
  2. From a local street if there is no residential use between the access point and the nearest intersection with an arterial or collector street.
2. Setbacks. Greenhouses and nursery storage buildings shall be set back according to the requirements that apply to principal buildings of the applicable zone.
3. Spacing. Active areas of open air nurseries shall be spaced not less than 200 feet from residential zones and uses, measured as the shortest distance from the nearest edge of the part of the nursery that is used to grow plants for sale to the property line of the residential zone or use.
4. Truck Routing Plan. A truck routing plan is required (See Appendix C, Mitigation Plans).

Effective on: 7/1/2014

Sec. 2-2-3-20 Standards for Natural Medicine Uses

A.
Generally. The standards of this Section apply to natural medicine uses which are enumerated in Table 2-1-3-4, Institutional, Education, Protective Care, Natural Medicine, and Health Care Use/Zone Matrix, under the subheading "Institutional Uses," in instances where the use is shown as a special use ("S"), a limited use ("L"), or a conditional use ("C") in a particular zone. Note that other standards may also apply. See Section 2-2-1-2, Application of Article.
B.
Natural Medicine Healing Center. Natural medicine healing center uses may be allowed as a limited use in the CG, LI, and BP zones, in addition to the other applicable standards of this LUDC, provided that:
1. 1.
  Buffering. No natural medicine healing center shall operate out of a building that is within one thousand (1,000) feet, measured in a straight line from a property line to a property line of the respective uses, of a property used for the following:
  1. a.
    A child care center; preschool; elementary, middle, junior or high school; or a residential child care facility (collectively “school”).
2. 2.
  Parking. Parking shall be designed using the following standards:
  1. a.
    Adequate pedestrian walkways are provided from the parking spaces to the building; and
  2. b.
    The applicant must demonstrate adequate shared or off-street parking for the proposed use or complete a special parking study that indicates the parcel proposed for development will provide adequate parking for the use.
3. 3.
  Outdoor Storage and Disposal. All storage for natural medicine healing centers shall be located within a permanent building and may not be located within a trailer, tent, or motor vehicle. Natural medicine healing centers shall provide secure disposal of natural medicine and natural medicine product remnants or by-products. Natural medicine and natural medicine product remnants or by-products shall not be placed within the centers’ exterior refuse container.
4. 4.
  Odor. Natural medicine healing centers shall use an air filtration and ventilation system designed to ensure odors from the natural medicine, natural medicine products, and cultivation are confined to the premises and are not detectable beyond the property boundaries on which the facility is located.
5. 5.
  Operational Requirements. The Applicant shall submit an Operations Plan to the City. Said plan shall describe all activities to be conducted at the natural medicine healing center and describe programs and requirements to be imposed to ensure compliance with the provisions of this Section. The Operations Plan shall be maintained and be made readily available for reference and inspection at the center, and shall be updated and re-approved by the City, as necessary, to reflect changes in operations. The Operations Plan shall, at a minimum, describe:
  1. a.
    A plan for adverse reactions and emergency protocols to be implemented for the Natural Medicine Healing Center for review from the City’s Police Department;
  2. b.
    The schedule of operations including the days and hours that the facility will be open;
  3. c.
    Personnel and Facilitators required and their training and responsibilities;
  4. d.
    Outdoor storage and disposal system to meet the requirements of this section; and
  5. e.
    Equipment provided at the facility and its operation.
C.
Natural Medicine Cultivation Facility / Natural Medicine Testing Facility. Natural medicine cultivation and / or testing facility or natural medicine product manufacturing uses may be allowed as a limited use in the PD, LI, and BP zones, provided that:
1. 1.
  Buffering. No natural medicine cultivation facility or testing facility shall operate out of a building that is within one thousand (1,000) feet, measured in a straight line from a property line to a property line of the respective uses, of a property used for the following:
  1. a.
    A child care center; preschool; elementary, middle, junior or high school; or a residential child care facility (collectively “school”);
2. 2.
  Parking. Parking shall be designed using the following standards:
  1. a.
    Adequate pedestrian walkways are provided from the parking spaces to the building; and
  2. b.
    The applicant must demonstrate adequate shared or off-street parking for the proposed use or complete a special parking study that indicates the parcel proposed for development will provide adequate parking for the use.
3. 3.
  Outdoor Storage and Disposal. All storage for natural medicine cultivation or testing facilities shall be located within a permanent building and may not be located within a trailer, tent, or motor vehicle. Natural medicine cultivation or testing facilities shall provide secure disposal of natural medicine and natural medicine product remnants or by-products. Natural medicine and natural medicine product remnants or by-products shall not be placed within the facilities’ exterior refuse container.
4. 4.
  Odor. Natural medicine cultivation or testing facilities shall use an air filtration and ventilation system designed to ensure odors from the natural medicine, natural medicine products, and cultivation are confined to the premises and are not detectable beyond the property boundaries on which the facility is located.
5. 5.
  Operational Requirements. The Applicant shall submit an Operations Plan to the City. Said plan shall describe all activities to be conducted at the natural medicine cultivation / testing facility and describe programs and requirements to be imposed to ensure compliance with the provisions of this Section. The Operations Plan shall be maintained and be made readily available for reference and inspection at the facility, and shall be updated and re-approved by the City, as necessary, to reflect changes in operations. The Operations Plan shall, at a minimum, describe:
  1. a.
    A plan for adverse reactions and emergency protocols to be implemented for the Natural Medicine Cultivation / Testing Facility for review from the City’s Police Department;
  2. b.
    The schedule of operations including the days and hours that the facility will be open;
  3. c.
    Personnel and Facilitators required and their training and responsibilities;
  4. d.
    Outdoor storage and disposal system to meet the requirements of this section; and
  5. e.
    Equipment provided at the facility and its operation.
6. 6.
  Processing.
  1. a.
    The processing of natural medicine that includes the use of hazardous materials, including, without limitation, and by way of example, flammable and combustible liquids, carbon dioxide, and liquified petroleum gases, such as butane, is prohibited.
  2. b.
    Nonhazardous materials used to process natural medicine shall be stored in a manner so as to mitigate and ensure odors are not detectable beyond the property boundaries on which the processing facility is located or the exterior walls of the processing facility associated with the processing of natural medicine.
  3. c.
    The processing of natural medicine shall meet the requirements of all adopted City codes including life/safety building codes.
  4. d.
    The processing of natural medicine shall meet all of the requirements of all adopted water and sewer regulations promulgated by the City.
  5. e.
    It is unlawful and deemed a nuisance to dispose of, discharge out of or from, or permit to flow from any facility associated with natural medicine, any foul or noxious liquid or substance of any kind whatsoever, including, without limitation, by-products of the natural medicine process, into or upon any adjacent ground or lot, into any street, alley or public place, or into any municipal storm sewer and/or system in the City.

Effective on: 12/4/2024

Sec. 2-3-1-1 Purpose of Article

Due to their nature, duration, and scale, major accessory uses and temporary uses of land do not rise to the level of "principal use." However, they do have impacts on neighboring properties and the community at-large. The purpose of this Article is to establish substantive standards for major accessory uses and temporary uses that are intended to mitigate their impacts.

Effective on: 7/1/2014

Sec. 2-3-1-2 Application of Article

Major Accessory Uses. Division 2-3-2, Major Accessory Uses, establishes standards for major accessory uses. Major accessory uses are those which require special use or conditional use approval because they have the potential to increase the impacts of the principal use. Major accessory uses are not principal uses in their own right, and shall not operate independently of a principal use, nor shall they be established prior to a principal use.

Temporary Uses. Division 2-3-3, Temporary Uses, sets out the standards for the temporary use of land, from large-scale temporary special events to the placement of temporary storage containers on residential lots. The Division classifies temporary uses according to their nature and probable impacts, and then provides standards for frequency, duration, and operation in order to mitigate those impacts.

Effective on: 7/1/2014

Sec. 2-3-2-1 Commercial Use of Rooftops

Generally.
1. Commercial use of rooftops is not allowed except according to the standards of this Section.
2. This Section does not apply to the use of rooftops for gardening, producing electricity using photovoltaic panels, or producing hot water using solar thermal panels.
Required Approval. Commercial use of rooftops may be approved only in the CB, MU-N, MU-A, CG, CR, I, and PB zones. Commercial use of rooftops require special, limited, or conditional use approval, depending upon the type of use, the proximity to residential uses, and the zones in which the use is located, as set out in Table 2-3-2-1, Required Approvals for Commercial Use of Rooftops. Certain commercial uses of rooftops are not allowed in some contexts.

Table 2-3-2-1 Required Approvals for Commercial Use of Rooftops¹
Type of Rooftop Use	Context	Zoning District
Type of Rooftop Use	Context	CB	MU-N	MU-A	CG	CR	LI	PB
TABLE NOTES: The symbols in this table are interpreted as provided in Section 2-1-3-1, Interpretation of Use / Zone Matrices. These include public or private catered and special events, such as wedding receptions, business receptions, catered events, or special parties.
Generally (not listed elsewhere in this table)	All rooftop uses that are not listed elsewhere in this table	C	C	C	C	S	S	S
Special events²	Locations other than buildings that: Front on Main Avenue; Are adjacent to a residence; or Abut a residential zone.	S	S	S	S	S	S	L
Special events	Buildings that front on Main Avenue, are adjacent to a residence, or abut a residential zone.	L	L	L	L	L	L	L
Live music	Locations other than buildings that: Front on Main Avenue; Are adjacent to a residence; or Abut a residential zone.	L	L	L	L	L	L	L
Live music	Buildings that front on Main Avenue, are adjacent to a residence, or abut a residential zone.	C	C	C	C	C	C	C

Table 2-3-2-1 Required Approvals for Commercial Use of Rooftops¹
Type of Rooftop Use	Context	Zoning District
Type of Rooftop Use	Context	CB	MU-N	MU-A	CG	CR	LI	PB
TABLE NOTES: The symbols in this table are interpreted as provided in Section 2-1-3-1, Interpretation of Use / Zone Matrices. These include public or private catered and special events, such as wedding receptions, business receptions, catered events, or special parties.
Generally (not listed elsewhere in this table)	All rooftop uses that are not listed elsewhere in this table	C	C	C	C	S	S	S
Special events²	Locations other than buildings that: Front on Main Avenue; Are adjacent to a residence; or Abut a residential zone.	S	S	S	S	S	S	L
Special events	Buildings that front on Main Avenue, are adjacent to a residence, or abut a residential zone.	L	L	L	L	L	L	L
Live music	Locations other than buildings that: Front on Main Avenue; Are adjacent to a residence; or Abut a residential zone.	L	L	L	L	L	L	L
Live music	Buildings that front on Main Avenue, are adjacent to a residence, or abut a residential zone.	C	C	C	C	C	C	C

Table 2-3-2-1 Required Approvals for Commercial Use of Rooftops¹
Type of Rooftop Use	Context	Zoning District
Type of Rooftop Use	Context	CB	MU-N	MU-A	CG	CR	LI	PB
TABLE NOTES: The symbols in this table are interpreted as provided in Section 2-1-3-1, Interpretation of Use / Zone Matrices. These include public or private catered and special events, such as wedding receptions, business receptions, catered events, or special parties.
Generally (not listed elsewhere in this table)	All rooftop uses that are not listed elsewhere in this table	C	C	C	C	S	S	S
Special events²	Locations other than buildings that: Front on Main Avenue; Are adjacent to a residence; or Abut a residential zone.	S	S	S	S	S	S	L
Special events	Buildings that front on Main Avenue, are adjacent to a residence, or abut a residential zone.	L	L	L	L	L	L	L
Live music	Locations other than buildings that: Front on Main Avenue; Are adjacent to a residence; or Abut a residential zone.	L	L	L	L	L	L	L
Live music	Buildings that front on Main Avenue, are adjacent to a residence, or abut a residential zone.	C	C	C	C	C	C	C

Table 2-3-2-1 Required Approvals for Commercial Use of Rooftops¹
Type of Rooftop Use	Context	Zoning District
Type of Rooftop Use	Context	CB	MU-N	MU-A	CG	CR	LI	PB
TABLE NOTES: The symbols in this table are interpreted as provided in Section 2-1-3-1, Interpretation of Use / Zone Matrices. These include public or private catered and special events, such as wedding receptions, business receptions, catered events, or special parties.
Generally (not listed elsewhere in this table)	All rooftop uses that are not listed elsewhere in this table	C	C	C	C	S	S	S
Special events²	Locations other than buildings that: Front on Main Avenue; Are adjacent to a residence; or Abut a residential zone.	S	S	S	S	S	S	L
Special events	Buildings that front on Main Avenue, are adjacent to a residence, or abut a residential zone.	L	L	L	L	L	L	L
Live music	Locations other than buildings that: Front on Main Avenue; Are adjacent to a residence; or Abut a residential zone.	L	L	L	L	L	L	L
Live music	Buildings that front on Main Avenue, are adjacent to a residence, or abut a residential zone.	C	C	C	C	C	C	C

Design Standards.
1. Generally. The design of rooftop areas that are put to commercial use must take all reasonable efforts to minimize the effect of noise, light, and odor on adjacent properties and on the street and downtown area.
2. Lighting.
  1. Rooftop lighting shall comply with Division 4-3-2, Lighting.
  2. Light sources, in addition to being horizontally cutoff and downcast, shall not be visible from a directly adjacent residence or residence separated only by a public street or alley.
3. Screening. Rooftop uses shall be screened from view and secured from abutting buildings, such that:
  1. Patrons of the rooftop cannot look directly into a window of a building on an adjacent lot; and
  2. The commercial use of the rooftop does not produce a risk of unauthorized access to abutting buildings.
4. Amplification. If amplification is used:
  1. Speakers must be directed to minimize interference with the use of adjacent land and buildings.
  2. Noise levels from the use must not exceed 55 dBA at any residential building wall, property line or district boundary from 9:00 PM to 9:00 AM.
  3. Noise levels from the use must not exceed 65 dBA at any residential building wall, property line or district boundary from 9:00 AM to 9:00 PM.
Compliance with Building Codes. Rooftops shall be in compliance with all applicable building codes (including plumbing codes with respect to rooftop vents), prior to use for commercial purposes.

Effective on: 7/1/2014

Sec. 2-3-2-2 Commercial Use of Patios and Outdoor Dining Areas

Generally. The commercial use of patios and outdoor dining areas is a major accessory use to alcoholic beverage sales, on-premise consumption; brewing / distillery / winery production with on-premise consumption; and restaurant uses of all types. In general, this use is allowed as a special use. If live entertainment is to be provided, it may be approved as a limited use. Commercial use of patios and outdoor dining areas is limited to service of food and beverages, and may include occasional live entertainment, as provided in this Section.

Use of Sidewalks. Outdoor dining areas are not allowed within public easements or rights-of-way unless a Revocable Permit for use of the Public Right-of-Way is granted by the City for such use.

Detectable Barrier. If a patio or outdoor dining area projects from a building, a detectable barrier that is at least 36 inches in height shall enclose the patio or outdoor dining area. Access openings through the barrier shall be at least 44 inches wide.

Furnishings.

1.
Umbrellas may be used to shade tables, provided there is at least seven feet of clearance under the umbrella. Umbrellas that are visible from public rights-of-way may not have signs or logos that advertise any product or business.
2.
Furniture shall not be made of reflective materials.
3.
No cooking utilities, including grills, shall be permitted in the outdoor dining area. Cooking facilities shall be contained within the principal building unless specific written authorization is granted by the Administrator for special events.
4.
All outdoor dining equipment, including tables, chairs and umbrellas must be stored indoors or off-premises when the outdoor dining area is closed for the season.
5.
Appropriate waste receptacles with affixed lids shall be provided.

Clear Pedestrian Passage. Outdoor dining areas that are located next to sidewalks or hard-surfaced trails shall leave not less than five feet of clear sidewalk for pedestrian circulation.

Relationship to Abutting Businesses. Outdoor dining areas and patios shall not interfere with access or visibility to abutting businesses.

Hours of Operation. Commercial use of patios and outdoor dining areas is limited to the hours of:

1.
7:00 AM to 11:00 PM if the principal use is located more than 600 feet from a residential use or zone boundary;
2.
7:00 AM to 10:00 PM if the principal use is located 300 feet to 600 feet from a residential use or zone boundary; and
3.
7:00 AM to 9:00 PM if the principal use is located less than 300 feet of a residential use or zone boundary, or within a residential zone (i.e., within a traditional neighborhood development) where all distances are measured from the nearest property line of the principal use to the nearest zone boundary line.

Live Entertainment. If amplification is used:

1.
Speakers must be directed to minimize interference with the use of adjacent land and buildings;
2.
Noise levels from the use must not exceed 50 dBA at any residential use or zone boundary from 7:00 PM to 7:00 AM; and
3.
Noise levels from the use must not exceed 55 dBA at any residential use or zone boundary from 7:00 AM to 7:00 PM.

Conditions of Approval. The Administrator, or designee, may condition approval of this major accessory use upon:

1.
Limiting its extent;
2.
Establishing a certain approved layout, including a maximum number of tables and chairs;
3.
Restricting hours of operation due to topographic or other conditions which tend to carry noise for greater distances than those in Subsection G, above;
4.
Establishing the range of dates during which the use may operate; and / or
5.
Restricting the piping of music or prohibiting live entertainment.

Effective on: 4/14/2023

Sec. 2-3-2-3 Accessory Dwelling Units

A.
Generally. Accessory dwelling units (ADUs) may be allowed as a major accessory use to single-family dwelling units by limited use review according to the standards of this Section. ADUs are not an accessory to any other use. At the discretion of the administrator, ADUs may be eligible for relief from the standards in Sections 2-3-2-3 (F), (G), (H), and (I) as outlined below through the Alternative Compliance process described in Division 3-1-5 and Article 6-3.
B.
ADU Types. There are two types of ADUs:
1. 1.
  Integrated ADUs. Integrated ADUs are units that are created by dividing space within a principal building, or by adding floor area to an existing building. See Figure A, ADU Types: Integrated ADU (Basement) and Figure 2-3-2-3B, ADU Types: Integrated ADU. Integrated ADUs may be accessed from within the principal building or from outside, according to the standards of this Section.
2. 2.
  Detached ADUs. Detached ADUs are units that are located inside of accessory buildings. See Figure C, ADU Types: Detached ADU. The accessory building that includes a detached ADU may also include a garage. See Figure 2-3-2-3D, ADU Types: Detached ADU (Garage).

Figure 2-3-2-3A ADU Types: Integrated ADU (Basement)
Illustrated below is an integrated ADU that is located in a basement (ADU shown in yellow).

Figure 2-3-2-3B ADU Types: Integrated ADU
Illustrated below is an integrated ADU that is located at ground level, behind the principal residence (ADU shown in yellow).

Figure 2-3-2-3C ADU Types: Detached ADU
Illustrated below is a detached ADU located on the rear 1/2 of the lot (ADU shown in yellow).

Figure 2-3-2-3D ADU Types: Detached ADU (Garage)
Illustrated below is a detached ADU located above an alley-facing garage (ADU shown in yellow).

C.
Where Permitted. Accessory dwelling units are allowed only as provided in Table 2-3-2-3A, Zones and ADU Types. ADUs are not allowed in districts that are not listed in the table.

Table 2-3-2-3 A Zones and ADU Types
Zone	Integrated Unit	Detached Unit
TABLE NOTE: 1. Not allowed if a lot is developed with two single-family detached units pursuant to Section 2-2-3-3, Standards for Residential Land Uses 2. Not all parcels will be able to accommodate an ADU.
EN-1	Allowed¹	Allowed if parcel area is at least 5,000 sf. for properties north of E. College Drive.¹ Allowed on any size parcel for properties south of E. College Drive²
EN-2	Allowed¹	Allowed if parcel area is at least 7,000 sf.¹
EN-3	Allowed	Allowed if parcel area is at least 7,500 sf.
EN-4	Allowed	Not Allowed
EN-5	Allowed	Not Allowed
EN-6	Allowed	Not Allowed
EN-MF	Allowed¹	Allowed¹
RA	Allowed	Allowed
RL	Allowed	Allowed
RM	Allowed¹	Allowed
RH	Allowed¹	Allowed
MU-N	Allowed¹	Allowed¹

Table 2-3-2-3 A Zones and ADU Types
Zone	Integrated Unit	Detached Unit
TABLE NOTE: 1. Not allowed if a lot is developed with two single-family detached units pursuant to Section 2-2-3-3, Standards for Residential Land Uses 2. Not all parcels will be able to accommodate an ADU.
EN-1	Allowed¹	Allowed if parcel area is at least 5,000 sf. for properties north of E. College Drive.¹ Allowed on any size parcel for properties south of E. College Drive²
EN-2	Allowed¹	Allowed if parcel area is at least 7,000 sf.¹
EN-3	Allowed	Allowed if parcel area is at least 7,500 sf.
EN-4	Allowed	Not Allowed
EN-5	Allowed	Not Allowed
EN-6	Allowed	Not Allowed
EN-MF	Allowed¹	Allowed¹
RA	Allowed	Allowed
RL	Allowed	Allowed
RM	Allowed¹	Allowed
RH	Allowed¹	Allowed
MU-N	Allowed¹	Allowed¹

Table 2-3-2-3 A Zones and ADU Types
Zone	Integrated Unit	Detached Unit
TABLE NOTE: 1. Not allowed if a lot is developed with two single-family detached units pursuant to Section 2-2-3-3, Standards for Residential Land Uses 2. Not all parcels will be able to accommodate an ADU.
EN-1	Allowed¹	Allowed if parcel area is at least 5,000 sf. for properties north of E. College Drive.¹ Allowed on any size parcel for properties south of E. College Drive²
EN-2	Allowed¹	Allowed if parcel area is at least 7,000 sf.¹
EN-3	Allowed	Allowed if parcel area is at least 7,500 sf.
EN-4	Allowed	Not Allowed
EN-5	Allowed	Not Allowed
EN-6	Allowed	Not Allowed
EN-MF	Allowed¹	Allowed¹
RA	Allowed	Allowed
RL	Allowed	Allowed
RM	Allowed¹	Allowed
RH	Allowed¹	Allowed
MU-N	Allowed¹	Allowed¹

Table 2-3-2-3 A Zones and ADU Types
Zone	Integrated Unit	Detached Unit
TABLE NOTE: 1. Not allowed if a lot is developed with two single-family detached units pursuant to Section 2-2-3-3, Standards for Residential Land Uses 2. Not all parcels will be able to accommodate an ADU.
EN-1	Allowed¹	Allowed if parcel area is at least 5,000 sf. for properties north of E. College Drive.¹ Allowed on any size parcel for properties south of E. College Drive²
EN-2	Allowed¹	Allowed if parcel area is at least 7,000 sf.¹
EN-3	Allowed	Allowed if parcel area is at least 7,500 sf.
EN-4	Allowed	Not Allowed
EN-5	Allowed	Not Allowed
EN-6	Allowed	Not Allowed
EN-MF	Allowed¹	Allowed¹
RA	Allowed	Allowed
RL	Allowed	Allowed
RM	Allowed¹	Allowed
RH	Allowed¹	Allowed
MU-N	Allowed¹	Allowed¹

D.
Owner Occupancy. Owner occupancy is required as set out in this Subsection.
1. 1.
  Either the principal residence or the accessory dwelling unit must be owner-occupied.
  1. a.
    The property owner shall provide a notarized, recorded affidavit to the Community Development Department attesting to the owner occupancy requirement prior to obtaining City approval for the ADU.
  2. b.
    Following the completion of the ADU, the owner occupancy requirement shall be recertified to the Community Development Department on a biannual basis.
  3. c.
    Only one of the units is allowed to be rented to a non-owner, unless an exception is granted pursuant to the provisions of this Section.
2. 2.
  The Administrator may grant an exception to the owner occupancy requirement for temporary absences of two (2) years or less when the owner is able to submit acceptable proof of absence from the Durango area. The Administrator may grant one extension of up to one additional year. For extreme circumstances, the owner may make a request to the Community Development Commission to allow an exception to the owner-occupancy requirement for up to five (5) years. This exception would allow both units to be rented to non-owners.
3. 3.
  Purchasers of homes with an accessory dwelling unit must register with the Department within 60 days of purchase by submitting a notarized owner-occupancy affidavit.
4. 4.
  If the provisions of this Subsection are not met, the property owner shall cause the accessory dwelling unit to be vacated as a dwelling unit and/or remove the unit and return the property to its single-family dwelling status.
E.
Number of ADUs. No parcel shall contain more than one ADU.
F.
Bulk and Intensity. The bulk and intensity standards for the parcel shall be as required by the underlying zone. Lots developed with ADUs should include a usable outdoor area, typically located behind the principal building. Use of outdoor space by be allocated to occupants of either dwelling at the property owner's discretion, with no requirement that occupants of the ADU have use of such space.
G.
Maximum Floor Area of the ADU. The floor area of an ADU shall not exceed the maximum floor area set out below. The floor area is measured as the enclosed, interior area of the unit and does not include porches, decks, or areas used for other purposes, such as a detached garage or a workshop. Stair wells and landing areas providing access to second story ADUs do not count towards the ADU floor area unless they contain additional usable space (storage, etc.) for an ADU occupant. These areas do count towards overall gross floor area as described in Section 7-2-1-2. See Figure E, Illustrative Measurement of ADU Dimensions.
1. 1.
  Integrated ADUs. The floor area of an integrated ADU shall not exceed 550 square feet, except:
  1. a.
    ADUs that are located entirely in basements are not subject to this requirement.
  2. b.
    ADUs converted entirely from existing living space within a single family home may request an increase to the maximum floor area through the Alternative Compliance process if it is demonstrated that existing framing, foundations, building walls or other structural elements of the home present challenges that are not conducive to meeting the 550 square foot maximum.
2. 2.
  Detached ADUs. The floor area of detached ADUs shall not exceed 550 square feet.

Figure E Illustrative Measurement of ADU Dimensions

H.
Setbacks and Heights of Buildings that Contain Detached ADUs. The minimum setback and maximum height standards that apply to buildings that contain detached ADUs are set out in Table 2-3-2-3B, Minimum Setbacks and Maximum Height of Buildings with Detached ADUs.

Table 2-3-2-3B Minimum Setbacks and Maximum Height of Buildings with Detached ADUs
Zone	Minimum Setbacks				Maximum Height To . . .
Zone	Front	Interior Side	Street Side	Rear	Peak or Ridge	Plate
TABLE NOTE: 1. May be increased to be the same as the principal building if both: (a) the building that contains the ADU is compliant with the setbacks that apply to the principal building, and (b) the property is a corner lot or a through lot.
EN-1 or EN-MF East of the Animas River	Rear 1/2 of the lot	If plate height is 11 ft. 6 in. or less: 3 ft. If plate height is more than 11 ft. 6 in.: same as principal building requirement.	Same as principal building requirement	10 ft. where no alley is present; 3 ft. where an alley abuts the rear lot line, except that if the unit is above a garage, there must be at least 25 ft. of maneuvering space from the opposite alley right-of-way line to the garage door	20 ft.¹	13 ft. 6 in.¹
EN-2, EN-3 or EN-MF West of the Animas River	Rear 1/2 of the lot	If plate height is 11 ft. 6 in. or less: 3 ft. If plate height is more than 11 ft. 6 in.: same as principal building requirement.			20 ft.	13 ft. 6 in.
RA	Same as principal building	If plate height is 11 ft. 6 in. or less: 5 ft. If plate height is more than 11 ft. 6 in.: same as principal building requirement.			20 ft.	13 ft. 6 in.
RL	Rear 1/2 of the lot	5 ft.			18 ft.	11 ft. 6 in.
RM	Rear 1/2 of the lot	5 ft.			20 ft.	13 ft. 6 in.
RH	Rear 1/2 of the lot	5 ft.			20 ft.	13 ft. 6 in.
MU-N	Rear 1/2 of the lot	If plate height is 11 ft. 6 in. or less: 3 ft. If plate height is more than 11 ft. 6 in.: same as principal building requirement.			20 ft.	13 ft. 6 in.

Table 2-3-2-3B Minimum Setbacks and Maximum Height of Buildings with Detached ADUs
Zone	Minimum Setbacks				Maximum Height To . . .
Zone	Front	Interior Side	Street Side	Rear	Peak or Ridge	Plate
TABLE NOTE: 1. May be increased to be the same as the principal building if both: (a) the building that contains the ADU is compliant with the setbacks that apply to the principal building, and (b) the property is a corner lot or a through lot.
EN-1 or EN-MF East of the Animas River	Rear 1/2 of the lot	If plate height is 11 ft. 6 in. or less: 3 ft. If plate height is more than 11 ft. 6 in.: same as principal building requirement.	Same as principal building requirement	10 ft. where no alley is present; 3 ft. where an alley abuts the rear lot line, except that if the unit is above a garage, there must be at least 25 ft. of maneuvering space from the opposite alley right-of-way line to the garage door	20 ft.¹	13 ft. 6 in.¹
EN-2, EN-3 or EN-MF West of the Animas River	Rear 1/2 of the lot	If plate height is 11 ft. 6 in. or less: 3 ft. If plate height is more than 11 ft. 6 in.: same as principal building requirement.			20 ft.	13 ft. 6 in.
RA	Same as principal building	If plate height is 11 ft. 6 in. or less: 5 ft. If plate height is more than 11 ft. 6 in.: same as principal building requirement.			20 ft.	13 ft. 6 in.
RL	Rear 1/2 of the lot	5 ft.			18 ft.	11 ft. 6 in.
RM	Rear 1/2 of the lot	5 ft.			20 ft.	13 ft. 6 in.
RH	Rear 1/2 of the lot	5 ft.			20 ft.	13 ft. 6 in.
MU-N	Rear 1/2 of the lot	If plate height is 11 ft. 6 in. or less: 3 ft. If plate height is more than 11 ft. 6 in.: same as principal building requirement.			20 ft.	13 ft. 6 in.

Table 2-3-2-3B Minimum Setbacks and Maximum Height of Buildings with Detached ADUs
Zone	Minimum Setbacks				Maximum Height To . . .
Zone	Front	Interior Side	Street Side	Rear	Peak or Ridge	Plate
TABLE NOTE: 1. May be increased to be the same as the principal building if both: (a) the building that contains the ADU is compliant with the setbacks that apply to the principal building, and (b) the property is a corner lot or a through lot.
EN-1 or EN-MF East of the Animas River	Rear 1/2 of the lot	If plate height is 11 ft. 6 in. or less: 3 ft. If plate height is more than 11 ft. 6 in.: same as principal building requirement.	Same as principal building requirement	10 ft. where no alley is present; 3 ft. where an alley abuts the rear lot line, except that if the unit is above a garage, there must be at least 25 ft. of maneuvering space from the opposite alley right-of-way line to the garage door	20 ft.¹	13 ft. 6 in.¹
EN-2, EN-3 or EN-MF West of the Animas River	Rear 1/2 of the lot	If plate height is 11 ft. 6 in. or less: 3 ft. If plate height is more than 11 ft. 6 in.: same as principal building requirement.			20 ft.	13 ft. 6 in.
RA	Same as principal building	If plate height is 11 ft. 6 in. or less: 5 ft. If plate height is more than 11 ft. 6 in.: same as principal building requirement.			20 ft.	13 ft. 6 in.
RL	Rear 1/2 of the lot	5 ft.			18 ft.	11 ft. 6 in.
RM	Rear 1/2 of the lot	5 ft.			20 ft.	13 ft. 6 in.
RH	Rear 1/2 of the lot	5 ft.			20 ft.	13 ft. 6 in.
MU-N	Rear 1/2 of the lot	If plate height is 11 ft. 6 in. or less: 3 ft. If plate height is more than 11 ft. 6 in.: same as principal building requirement.			20 ft.	13 ft. 6 in.

Table 2-3-2-3B Minimum Setbacks and Maximum Height of Buildings with Detached ADUs
Zone	Minimum Setbacks				Maximum Height To . . .
Zone	Front	Interior Side	Street Side	Rear	Peak or Ridge	Plate
TABLE NOTE: 1. May be increased to be the same as the principal building if both: (a) the building that contains the ADU is compliant with the setbacks that apply to the principal building, and (b) the property is a corner lot or a through lot.
EN-1 or EN-MF East of the Animas River	Rear 1/2 of the lot	If plate height is 11 ft. 6 in. or less: 3 ft. If plate height is more than 11 ft. 6 in.: same as principal building requirement.	Same as principal building requirement	10 ft. where no alley is present; 3 ft. where an alley abuts the rear lot line, except that if the unit is above a garage, there must be at least 25 ft. of maneuvering space from the opposite alley right-of-way line to the garage door	20 ft.¹	13 ft. 6 in.¹
EN-2, EN-3 or EN-MF West of the Animas River	Rear 1/2 of the lot	If plate height is 11 ft. 6 in. or less: 3 ft. If plate height is more than 11 ft. 6 in.: same as principal building requirement.			20 ft.	13 ft. 6 in.
RA	Same as principal building	If plate height is 11 ft. 6 in. or less: 5 ft. If plate height is more than 11 ft. 6 in.: same as principal building requirement.			20 ft.	13 ft. 6 in.
RL	Rear 1/2 of the lot	5 ft.			18 ft.	11 ft. 6 in.
RM	Rear 1/2 of the lot	5 ft.			20 ft.	13 ft. 6 in.
RH	Rear 1/2 of the lot	5 ft.			20 ft.	13 ft. 6 in.
MU-N	Rear 1/2 of the lot	If plate height is 11 ft. 6 in. or less: 3 ft. If plate height is more than 11 ft. 6 in.: same as principal building requirement.			20 ft.	13 ft. 6 in.

I.
Design Standards. ADUs shall conform to the following design standards:
1. 1.
  Integrated ADUs. Integrated ADUs shall not involve design modifications to the exterior of the principal building that make their presence obvious.
  1. a.
    The single-family appearance and character of the dwelling shall be maintained when viewed from the surrounding neighborhood.
  2. b.
    Where exterior doors provide direct access to the integrated unit, such doors shall be designed, located, and configured in a manner that is typical for secondary access to a single-family building (e.g., side doors, French doors, etc.).
  3. c.
    External stairs are not allowed to provide access to a second-story ADU.
  4. d.
    If a building is expanded to accommodate an attached or integrated ADU, the expansion shall be designed in a manner that is comparable to the principal building, including but not limited to:
    i.
    Siding, roofing, windows and building trim materials shall visually match those used on the principal dwelling; and
    ii.
    The roof pitch shall be similar to the predominant roof pitch on the principal dwelling
  5. e.
    For new construction, an attached or integrated ADU must have a minimum of twenty-five (25) percent of the combined length of the first floor exterior walls shared with the principal structure. The shared walls shall not be the walls of a breezeway.
2. 2.
  Detached ADUs. Detached ADUs shall be designed and configured in the following manner:
  1. a.
    Detached ADUs located in the EN zones shall comply with the accessory structure standards as described in Division 3-1-3, Design Standards Applicable within Multiple EN Zones.
  2. b.
    Where an alley access exists, ADUs shall take vehicular access from the alley.
  3. c.
    The use of dormers shall be limited as follows:
    i.
    A dormer ridge or roof line shall not extend above the primary roof ridge.
    ii.
    The width of a dormer face shall not exceed the lesser of 16 feet or 50 percent of the length of the wall plane upon which the dormer is located.
    iii.
    More than one dormer is allowed on a wall plane, provided that the total combined width of dormer faces does not exceed 50 percent of the wall plane length.
    iv.
    The space between dormers shall not be less than the greater of one-half the width of the adjoining dormer, or one-half the average of the two dormers if they are different sizes.
    v.
    A dormer shall be set back a minimum of three feet from the nearest building wall plane that runs perpendicular to the dormer face.
  4. d.
    Second floor windows of detached units or garage units should face streets and alleys. Windows that face or overlook interior lot lines shall:
    i.
    Use a sill height equivalent to the maximum allowed for an egress window as described by the City's adopted building codes, and;
    ii.
    Use obscure or similar glass types that let in sunlight while preserving privacy.
  5. e.
    Generally, access to second floor units shall be from internal stairs. External stairs may be allowed in certain circumstances as long as the following standards are met:
    i.
    External stairs parallel streets or alleys and shall not be located parallel to interior side property lines; and/or
    ii.
    The Administrator determines that other features are in place to protect the privacy of the adjacent lot’s rear yard.
  6. f.
    Exterior second floor decks or balconies may not be located so they face or overlook the interior side property lines. Decks or balconies shall face streets or alleys, and screen walls may be required to protect the privacy of adjacent properties. Rooftop decks or terraces are prohibited.
  7. g.
    Design.
    i.
    Siding, roofing, windows and building trim materials shall visually match those used on the principal dwelling; and
    ii.
    The roof pitch shall be similar to the predominant roof pitch on the principal dwelling.
J.
Parking for ADUs.
1. 1.
  In addition to the parking requirements for the principal building set out in Section 4-5-2-2, Required Off-Street Parking Spaces, one off-street parking space shall be provided for the ADU.
  1. a.
    Existing off-street, required parking must be retained but may be reconfigured.
  2. b.
    If no parking exists on the parcel, a total of two off-street parking spaces must be provided, one for the ADU and one for the principal dwelling unit.
  3. c.
    If it can be demonstrated the lot containing the ADU is within 300 feet of a local street, that is not an emergency snow route, which allows on-street parking and the width of the street pavement can accommodate two drive lanes and on-street parking, then the total required parking spaces may be reduced by one, subject to verification of the above requirements by the Community Development Department.
2. 2.
  Use of tandem parking to meet the parking requirements is allowed; however, the total number of tandem spaces used to meet parking requirements for the property shall not exceed one.
3. 3.
  Parking spaces must be enclosed in a garage or hard surfaced with asphalt, concrete, or other material approved by the City Engineer.
K.
Additional Requirements for EN-4, EN-5 and EN-6 Zone Districts.
1. 1.
  Access to ADUs. A continuous paved access corridor shall be provided from the front of any lot containing an ADU to the ADU entrance. The route must be suitable for emergency responders to use, and shall have an unobstructed vertical clearance of ten feet and an unobstructed horizontal clearance of seven feet, including five feet clear of roof eaves or other projections. The access shall be kept accessible during all conditions, including being accessible when snow is on the ground.
L.
Relationship to Other Standards.
1. 1.
  Buildings that contain ADUs are counted toward the building coverage and floor area limitations for the lot upon which they are located as set out in Division 3-1-2, Bulk and Intensity in EN and EN-MF Zones and Division 3-2-2, Housing Palettes.
2. 2.
  ADUs that are located within the same building as a detached garage are eligible for the 450 square foot floor area ratio bonus for detached garages that is allowed by Section 3-1-4-3, Detached Garage Bonus.
3. 3.
  Construction of ADUs may trigger public improvements, including but not limited to sidewalk improvements, curb ramps, street trees, driveway improvements and driveway apron upgrades, and water meter upgrades, as determined by the City Engineer on a case-by-case basis.
4. 4.
  Enforcement. Properties that have been approved for an ADU shall remain in compliance with the standards of this section, as described by the approval document provided by the Administrator. Violations of the standards listed above or of any stated approval conditions shall result in enforcement action as described by Article 6-4, Enforcement and Remedies, and may result in the revocation of the ADU approval.

Effective on: 6/19/2024

Sec. 2-3-2-4 Business Use of the Home

Generally. The use of a dwelling unit for business purposes is a major accessory use which is allowed pursuant to the standards of this Section. These regulations do not apply to the use of work spaces in live-work and work-live units or to a residential structure that has been legally converted to a commercial use.

Requirements and Limitations. The business use of a dwelling unit is allowed by special use approval, subject to the standards of this Section. These standards are intended to protect the residential function and physical character of the neighborhood in which the use is located, including, but not limited to, the quiet enjoyment of nearby residential property by its occupants.

Physical Features and Building Character. The following are not allowed:
1. The posting or installation of signs to advertise the business.
2. Modifications to the principal building that alter its residential character.
3. Construction of accessory buildings or structures that alter the residential character of the lot.
4. New, separate entrances to the building that provide access only to the area used for the business.
5. Outdoor storage.
6. Outdoor displays.
Limitations on Business Operations. The following are not allowed:
1. Solicitation, advertising, or promotion of the business in a manner that generates commercial traffic, either vehicular or pedestrian, that is inconsistent with the residential character of the neighborhood.
2. Parking demands that are inconsistent with the residential use of the neighborhood.
3. Use of areas outside of the principal or accessory buildings for business purposes, except parking.
4. Business use of a garage in a manner that reduces available parking on the lot to less than that required by this LUDC.
5. Pick-up or delivery of products or machinery by commercial vehicles or heavy trucks other than parcel pick-up and delivery services.
6. Production of noise, vibration, light, dust, odor, fumes, smoke, or other comparable effects that are detectable outside the dwelling unit.
7. Storage of hazardous, combustible, or volatile materials in amounts that are greater than typically stored for home use.
8. Storage of motor fuels in amounts that are greater than typically stored for home use. Storage of more than five gallons of gasoline or diesel fuel on site, or storage of more than 15 gallons of biodiesel on site, shall be presumed to be in violation of this requirement if related to a home-based business.
9. No vehicles associated with the business, other than a personal vehicle (car, pickup or van) shall be stored at the home location.
10. No vehicles associated with the business may be parked on residential streets.
11. Professional services, instruction, or counseling to more than one person at one time unless it meets Subsection B.4., Small Groups.
Employees.
1. A business use of the home may employ any resident of the dwelling unit, plus one additional employee who does not reside in the dwelling unit.
2. Employees who work off-site shall not regularly gather at the dwelling unit for transportation to off-site locations.
Small Groups.
1. Professional services, instruction, or counseling to small groups of up to four persons may be allowed if the following are met:
  1. The total number of small groups' gatherings shall not exceed two times per week.
  2. The small groups shall not be scheduled on the same day of the week.
Building and Fire Code Compliance. The principal building within which the home business is located shall comply with all applicable building and fire codes, as amended from time to time.

Business License Required. The use of a dwelling unit for business purposes requires a business license from the City. See Chapter 13, Licenses and Business Regulations, Durango Municipal Code.

Continuation of Established Business Use of the Home. Any lawful business use of the home which is operating on the effective date, which has a current, valid business license, shall be permitted to continue notwithstanding the provisions of this Section; provided, however, that such use is not expanded or modified in a manner that creates a greater impact on the neighborhood. Future expansions or modification of the principal building or use, or change in the business license shall thereafter comply with all applicable provisions of this LUDC.

Effective on: 7/1/2014

2-3-2-5 Short-Term Room Rental

Purpose. The provisions of this section are necessary to prevent unreasonable burdens on services and impacts on residential neighborhoods posed by Short-Term Room Rentals. Special regulation of these uses is necessary to ensure that they will be compatible with surrounding residential uses and will not act to harm and alter the neighborhoods in which they are located. Maintenance of Durango's existing residential neighborhoods is essential to its continued vitality and economic strength. It is the intent of this section to minimize the impact of Short-Term Room Rentals on adjacent residences, and to minimize the impact of the commercial character of Short-Term Room Rental.

Generally. A Short-Term Room Rental may be allowed as a major accessory use to single-family detached dwelling units in the RA zone district by limited use review according to the standards of this Section. Short-Term Room Rental is not an accessory to any other use.

Owner Occupancy. Owner occupancy is required as set out in this Subsection.

1.
A notarized affidavit signed by a current property owner must be submitted to the Department on or before March 1st of every odd-numbered year attesting to owner occupancy. These affidavits and a record of compliance with this requirement will be kept on file by the Department.
2.
If the provisions of this Subsection are not met, the property owner shall cause the Short-Term Room Rental use to be terminated and then shall return the property to its single-family dwelling status.

Homeowner on Premise. The homeowner must be present on-site during the rental period.

Occupancy. The total occupancy allowed is set out in this subsection.

1.
Rental is limited to a maximum of one bedroom per single family structure.
2.
The total number of residents and guests on the property shall not exceed the number allowed for a household, which is 5 people.
3.
The Administrator shall specify on the permit the maximum number of occupants allowed in each individual Short-Term Room Rental.

Appearance and Visibility. The Short-Term Room Rental shall not change the residential character of the outside of a dwelling unit, either by the use of colors, materials, signage, lighting; or by the construction of accessory structures or garages that are visible off-site and not of the same architectural character as the residence; or by the emission of noise, glare, flashing lights, vibrations, or odors not commonly experienced in residential areas.

Parking for Short-Term Room Rental.

1.
Only one vehicle is allowed to be brought by the Short-Term Rental Room tenants.
2.
In addition to the parking requirements for the principal building set out in Section 4-5-2-2, Required Off-Street Parking Spaces, one off-street parking space shall be provided for the Short-Term Room Rental.
1. a.
  Existing on-site, required parking must be retained but may be reconfigured.
2. b.
  If no parking exists on the parcel, a total of two parking spaces must be provided, one for the Short-Term Room Rental and one for the principal dwelling unit.
3.
Use of tandem parking, as defined in Article 7-3 of the LUDC, to meet the parking requirements is allowed; however, the total number of tandem spaces used to meet parking requirements for the property shall not exceed one.
4.
Parking spaces must be enclosed in a garage or hard surfaced with asphalt, concrete, or other material approved by the City Engineer.

Design Standards. Short-Term Room Rental shall conform to the following design standards:

1.
The Short-Term Room Rental must be integrated into the single family structure. The Short-Term Room Rental shall not involve design modifications to the exterior of the principal building that make their presence obvious. Where exterior doors provide direct access to the integrated unit, such doors shall be designed, located, and configured in a manner that is typical for secondary access to a single-family building (e.g., side doors, French doors, etc.).
2.
External stairs are not allowed to provide access to a second-story Short-Term Room Rental.
3.
If a building is expanded to accommodate a Short-Term Room Rental, the expansion shall be designed in a manner that is comparable to the principal building.

Number of Short-Term Room Rentals. No parcel shall contain more than one Short-Term Room Rental.

Required Notices.

1.
A copy of the Short-Term Room Rental permit shall be posted in a conspicuous location inside the rental unit.
2.
The Short-Term Room Rentals permit number is required to be clearly displayed on all advertisements and listings of the unit including online advertisements.

Non-Transferability. Short-Term Room Rental permits shall be granted solely to the Applicant and shall not be transferable to any other person or legal entity. The Short-Term Room Rental permit shall include a non-transferability clause and the use shall be terminated automatically upon the sale or change of ownership of the property for which a permit has been issued.

Relationship to Other Ordinances.

1.
Each Short-Term Room Rental is subject to a lodger's tax license, a sales tax license, and a current business license, and all stipulations of this subsection regarding location.
2.
Short-Term Room Rental must meet the standards of the City's adopted residential building codes, as amended form time to time.
3.
Short-Term Room Rental are subject to the same safety and health inspections that apply to other licensed places of accommodation.

Effective on: 12/4/2024

2-3-2-6 Commercial Use of Parking Lots

Generally.
1. Commercial use of required onsite parking is not allowed except according to the standards of this Section.
Required Approval. Commercial use of required onsite parking may be approved only in the CB, MU-N, MU-A, CG, CR, LI, and PB zones. A maximum of thirty-three (33) percent of required onsite parking may be converted into a commercial patio as a special use and up to forty-five (45) percent of required onsite parking may be converted into a commercial patio as a limited use. Commercial use of patios and outdoor dining areas is limited to the service of food and beverages. Certain commercial uses of onsite parking are not allowed in some contexts.
1. Rounding. When the calculation of the number of onsite parking spaces allowed for conversion results in a fractional parking space, any fraction will be rounded up to the nearest whole number.
Design Standards
1. Americans with Disabilities Act (ADA).
  1. Required ADA parking space(s) cannot be removed. The commercial patio shall meet all ADA requirements.
  2. Accessible routes to and from accessible parking spaces shall be provided as required by the 2010 ADA Standards for Accessible Design, Section 502.
2. Drive Aisle. The patio shall not intrude into a drive aisle.
3. Detectable Barrier. A detectable barrier that is at least 36 inches in height shall enclose the patio or outdoor dining area. Access openings through the barrier shall be at least 44 inches wide. The barrier shall be made of traditional materials, metal and wood preferred.
4. Bicycle Parking. Two (2) bicycle parking spaces must be added per one (1) onsite parking space converted to a commercial patio.
5. Furnishings.
  1. Umbrellas and shade canopies may be used to shade tables, provided there are at least seven feet of clearance under the umbrella or shade canopy. Umbrellas and shade canopies that are visible from public rights-of-way may not have signs or logos that advertise any product or business. Umbrellas and shade canopies shall not encroach into the drive aisle.
  2. Furniture shall not be made of reflective materials.
  3. No cooking utilities, including grills, shall be permitted in the outdoor dining area. Cooking facilities shall be contained within the principal building unless specific written authorization is granted by the Administrator for pecial events.
  4. All outdoor dining equipment, including tables, chairs, and umbrellas must be stored indoors or off-premises when the outdoor dining area is closed for the season.
6. Waste receptacles. Appropriate bear-proof and wildlife-resistant waste receptacles shall be provided by the applicant and maintained in accordance with applicable City standards.
7. Landscape Surface Ratio. Not less than 15% of the gross floor area of the patio shall be landscaped.
8. Clear Pedestrian Passage.
  1. Pedestrian access between the patio and the building shall not cross drive-aisles or functioning parking spaces.
  2. Outdoor dining areas that are located next to sidewalks or hard-surfaced trails shall leave not less than six (6) feet of clear sidewalk for pedestrian circulation.
9. Relationship to Abutting Businesses. Outdoor dining areas and patios shall not interfere with access or visibility to abutting businesses.
10. Hours of Operation. Commercial use of patios and outdoor dining areas is limited to the hours of:
  1. 7:00 AM to 11:00 PM if the principal use is located more than 600 feet from a residential use or zone boundary; and
  2. 7:00 AM to 10:00 PM if the principal use is located 300 feet to 600 feet from a residential use or zone boundary; and
  3. 7:00 AM to 9:00 PM if the principal use is located less than 300 feet of a residential use or zone boundary, or within a residential zone (i.e., within a traditional neighborhood development) where all distances are measured from the nearest property line of the principal use to the nearest zone boundary line.
11. Lighting.
  1. Exterior lighting shall comply with Division 4-3-2, Lighting.
  2. Light sources, in addition to being horizontally cutoff and downcast, shall not be visible from a directly adjacent residence or residence separated only by a public street or alley.
12. Design Guidelines. Patio shall meet all applicable City of Durango Design Guidelines.
Conditions of Approval. The Administrator, or designee, may condition approval of this major accessory use upon:
1. Limiting its extent;
2. Establishing a certain approved layout, including a maximum number of tables and chairs;
  and/or;
3. Establishing the range of dates during which the use may operate;

Effective on: 3/1/2022

Sec. 2-3-3-1 Classification of Temporary Uses

Generally. Temporary uses are classified according to the standards of this Section. This Section does not apply to:

Use of Public Parks or Rights-of-Way. The use of public parks and rights-of-way is subject to the City of Durango Municipal Code and not this Division.
Pre-Approved Temporary Uses. Pre-approved temporary uses are subject to the standards set out in the site plan or use permit approval and not the standards of this Division. Pre-approved temporary uses are recurring temporary uses that are approved as accessory uses of a development during the site plan or use permit approval process. For example, during approval of a mixed-use development, a central plaza could be approved for events programming, such as weekend farmers' markets. Parking, circulation, and operational issues are considered during the approval process.

Temporary Special Events. Temporary special events are typically cultural, religious, entertainment, or charitable events, but also may include temporary sales events that have a short duration, such as farmers' markets, outdoor bazaars, and comparable events, which are often hosted by noncommercial entities. Temporary special events may be located on property with a principal use or on vacant property. There are three classes of temporary special events:

Class A Temporary Special Events. "Class A Temporary Special Events" are:
1. Temporary special events with an expected peak attendance of 200 people or more, which include any of the following:
  1. Motorized amusement rides;
  2. Mega-inflatables that are 16 feet or more in height;
  3. Outdoor music, speeches, or performances with amplification that will produce more than 50 dBA of noise level at the property line; or
  4. More than five livestock animals.
2. Events that would otherwise be "Class B Temporary Special Events," but have:
  1. An expected peak attendance of more than 500 people; or
  2. Outdoor music, speeches, or performances with amplification after 8:00 PM.
3. Events that require the closing of streets or traffic controls, such as motion picture filming.
Class B Temporary Special Events. "Class B Temporary Special Events" are:
1. Temporary special events with an expected peak attendance of 100 to 500 people, which do not include motorized equipment, amplified sounds with material off-site impacts, or more than five livestock animals. Illustrative Class B temporary special events include:
  1. Farmers' market;
  2. Outdoor bazaar / auction / flea market;
  3. Craft fair or art fair;
  4. Health fair;
  5. Outdoor cultural festival or religious assembly;
  6. Outdoor theater festival; or
  7. Renaissance fair.
2. Staging and parking areas on private property for events within the public right-of-way, such as parades, bicycle races, and charity walks or runs.
Class C Temporary Special Events. "Class C Temporary Special Events" are temporary events of a community service nature, which typically involve a mobile facility and do not involve organized presentations or large numbers of attendees at one time. Examples include bloodmobiles, mobile pickup units for nonprofit organizations (e.g., disaster relief donations, thrift store donations, etc.), and mobile recycling facilities.

Temporary Commercial Sales Uses. Temporary commercial sales uses are outdoor sales of retail and seasonal products on a temporary basis. Illustrative temporary commercial sales uses include seasonal holiday sales (e.g., pumpkins and Christmas trees), outdoor sales by a single itinerant vendor (e.g., poster or framed art sale, carpet sales), or temporary food and beverage vendors. There are three classes of temporary commercial sales uses:

Class A Temporary Commercial Sales Uses. "Class A Temporary Commercial Sales Uses" are:
1. Outdoor sales of merchandise by businesses that are located in another permanent location in the City of Durango; and
2. Outdoor sales of merchandise by itinerant vendors.
Class B Temporary Commercial Sales Uses. "Class B Temporary Commercial Sales Uses" are:
1. Temporary outdoor sales of merchandise by vendors who own or lease space on the site of the sale (such temporary uses may also be pre-approved (see Subsection A.2., above));
2. Outdoor sales of seasonal holiday-related merchandise; and
3. Temporary / seasonal tours, (bus, trolley, van, or walking) and river guide watercraft rental.
Class C Temporary Commercial Sales Uses. "Class C Temporary Commercial Sales Uses" are temporary food and beverage vendors, except those that are included in Temporary Special Event programming (see Subsection B., above).

Temporary Buildings and Temporary Construction Uses. Temporary buildings and temporary construction uses are those uses that relate to construction activities or the temporary expansion of an existing permanent use into a portable building. There are two classes of temporary buildings and temporary construction uses:

Class A Temporary Building / Construction Uses. "Class A Temporary Building / Construction Uses" are temporary heavy construction uses, such as batch plants for lime, concrete, asphalt, or other materials, or areas for the bulk storage of construction materials.
Class B Temporary Building / Construction Uses. "Class B Temporary Building / Construction Uses" are temporary buildings that are used on construction sites as contractor offices, sales offices, security buildings, sanitary facilities, storage buildings, storage containers that are larger than 8 feet x 8 feet x 20 feet, or dumpsters with a capacity of more than 30 cubic yards. Class B temporary building and construction uses also include manufactured buildings that are used to temporarily expand the capacity of an existing use, including portable classrooms on school campuses, either in advance of and during permanent construction or to accommodate a temporary increase in capacity.

Temporary Storage Containers and Dumpsters. Temporary storage containers and dumpsters are uses that relate to temporary outdoor storage of household or business property in shipping containers during remodeling, landscaping, cleaning, or moving; or the temporary placement of a roll-off dumpster or comparable solid waste container (e.g., disposable containers that require collection service other than standard household garbage collection) for household waste, construction waste, or landscaping debris. To qualify as a "temporary storage container" or "temporary dumpster," and not a "Class B Temporary Building / Construction Use":

Storage containers may not be larger than 8 feet x 8 feet x 20 feet in dimension; and
Dumpsters may not have a capacity that is larger than 30 cubic yards.

Effective on: 7/1/2014

Sec. 2-3-3-2 Temporary Special Events

Generally. Temporary special events shall meet the applicable standards in Table 2-3-3-2, Standards for Temporary Special Events. Approval of such uses may be subject to conditions set out in Subsection B., below. The classes of temporary special events are described in Section 2-3-3-1, Classification of Temporary Uses.

Table 2-3-3-2 Standards for Temporary Special Events
Performance Standard	Class of Temporary Special Event Use
Performance Standard	Class A	Class B	Class C
Location and General Site Requirements
Locations where event is allowed	Sites with nonresidential principal uses	Sites with nonresidential or mixed-use principal uses	Sites with nonresidential, mixed-use, or multifamily principal uses
General site requirements	The event shall be located on a site that is large enough to accommodate the expected attendance in a manner that is safe for the site, neighborhood, street, or other infrastructure.		NA
Frequency and Duration of Event
Frequency and duration of event	No site shall host a Class A temporary event more than four times per year. No Class A temporary event shall have a duration that is longer than 10 consecutive days.	No site shall host a Class B temporary event more than 26 times per year. No Class A temporary event shall have a duration that is longer than three days; however, one event per year may span a period of not more than 12 consecutive days, provided that it is counted as four events for the purposes of this standard.	No site shall host a Class C temporary event more than 75 days per year. A class C temporary use shall not have a duration that is more than five consecutive days.
Buildings and Structures
Temporary buildings and structures	Temporary buildings shall comply with the height restrictions of the underlying zone. Temporary structures (e.g., carnival rides and mega-inflatables) that are taller than the height allowed by the underlying zone are allowed, provided that they are set back from all property lines a distance of one foot for every foot in height.	All temporary buildings and structures shall comply with the height limitations of the underlying zone.
Spacing and setbacks	The area used for the temporary event shall be set back the greater of: 20 feet or the width of required buffers from all property lines; or 30 feet from the back of the curb (or, if no curb is present, the edge of pavement).		The area used for the temporary event shall be set back 10 feet or the width of the required buffers from all property lines.
Access, Circulation, and Parking
Required access	Arterial or collector street.	Arterial or collector street; or within 300 feet of an arterial or collector street.	Any type of street.
Traffic control	The street from which access is taken must have adequate capacity to serve the event, including acceleration and deceleration lanes or personnel to manage ingress and egress to the site (according to the scale of the proposed event).
Circulation	Safe on-site vehicular and pedestrian circulation shall be provided, including: (1) minimizing vehicular-pedestrian conflicts; (2) providing appropriate directional signage and / or parking attendants; (3) ensuring efficient access by emergency vehicles; and (4) maintaining full access to permanent uses on-site if they are operating during the temporary event, or emergency access to permanent uses on site if they are not operating during the temporary event.
Motor vehicle parking spaces	The number of parking spaces available for the temporary use shall be sufficient to meet the peak demands of the use, based on 2.5 persons per vehicle. If a permanent use of the property will be in operation during the time that the temporary use is present, then parking for the permanent use shall be provided in compliance with Division 4-5-2, Parking and Loading Calculations, unless the Administrator finds a reduction is justified based on different hours of peak use.	The number of parking spaces available for the temporary use shall be sufficient to meet the peak demands of the use, based on 2.25 persons per vehicle. If a permanent use of the property will be in operation during the time that the temporary use is present, then parking for the permanent use shall be provided in compliance with Division 4-5-2, Parking and Loading Calculations, unless the Administrator finds a reduction is justified based on different hours of peak use or based on likely shared use (i.e., a parking space taken up by a person who visits both the temporary event and the permanent use).	If a permanent use of the property will be in operation during the time that the temporary use is present, then parking for the permanent use shall be provided in compliance with Division 4-5-2, Parking and Loading Calculations, and such spaces shall not be blocked by event facilities. The Administrator may find that a reduction of required parking is justified during the period of a Class C temporary event, based on different hours of peak use or based on likely shared use (i.e., a parking space taken up by a person who visits both the temporary event and the permanent use).
Motor vehicle parking design and location	Parking shall be provided on-site or within 800 feet of the boundaries of the site, except that parking is not allowed at the property of an existing single-family or duplex residential use. Parking shall be in striped, hard-surfaced spaces, either in a parking lot or on-street.	Parking shall be provided on-site or within 800 feet of the boundaries of the site, except that parking is not allowed in or within 100 feet of an existing single-family or duplex residential use. Generally, parking shall be in striped, hard-surfaced spaces, either in a parking lot or on-street. However, parking in grass / unpaved parking areas are allowed only if: (1) The applicant has a legal right to use the land proposed for the parking area; (2) The surface is reasonably level and compact; (3) The parking area is located at least 100 feet from abutting residential uses and property lines and 20 feet from public rights-of-way; (4) Access to the parking area is not taken directly from arterial streets; (5) Such parking is used for not more than two weeks per year, and not more than four consecutive days at a time; and (6) The applicant provides a guarantee that the parking area will be restored to its pre-event condition after the event.	Parking in addition to that provided for the principal permanent use of the property is not required.
Bicycle parking spaces	One bicycle parking space shall be provided on-site for each 10 vehicular parking spaces that are required for the event. Bicycle parking spaces located in existing bicycle racks in public right-of-way adjacent to the property may also be utilized. If a permanent use of the property will be in operation during the time that the temporary use is present, then bicycle parking for the permanent use shall also be provided in compliance with Section 4-5-2-8, Bicycle Parking Calculations.		Parking in addition to that provided for the principal permanent use of the property is not required.
Bicycle parking space location	Bicycle parking shall be provided within 150 feet of an entrance to the temporary event.		NA
Truck parking spaces	Truck parking areas shall be provided as necessary to service the event and provide for storage of trucks and trailers that will remain on-site.
Truck parking space design and location	Truck parking spaces shall be hard-surfaced and off-street. Truck parking areas shall be located at least 200 feet from lot lines of single-family and duplex uses and at least 150 feet from all other residential uses. Trucks shall be routed away from local residential streets.		Truck parking spaces shall not displace required passenger vehicle parking spaces. Truck parking spaces shall not be located on the property of an existing single-family and duplex residential use.
Lighting and Signage
Lighting	All lighting shall be designed to ensure safe operation of the temporary use and safe traffic movements on nearby streets. All lighting, except decorative lighting, shall be shielded from abutting streets and residential buildings that are located within 300 feet. In addition, if the event is located within 500 feet of residential uses, then lighting shall be turned off by 10:00 PM on Sunday – Thursday and 11:00 PM on Friday and Saturday. These requirements supersede the requirements of Division 4-3-2, Lighting.	Lighting shall be designed in accordance with the requirements of Division 4-3-2, Lighting.	No lighting shall be installed other than the lighting that is in place for the permanent use.
Signage	Signage shall comply with the requirements of Article 3-6, Signs.
Operations
Noise controls	Noise shall be controlled so that: (1) The noise level at the nearest residential property line does not exceed 50 dBA after 10:00 PM; (2) The noise level at the property line of the temporary use does not exceed 75 dBA for more than two hours per day; and (3) The noise level at the property line of the temporary use does not exceed 85 dBA at any time. Generators, if used, shall be secured and set back at least 25 feet from all property lines.	Noise shall be controlled so that: (1) The noise level at the nearest residential property line does not exceed 50 dBA after 10:00 PM; and (2) The noise level at the property line of the temporary use does not exceed 65 dBA at any time. Generators, if used, shall be secured and set back at least 25 feet from all property lines.
Sanitation	Restrooms shall be provided at a rate of one toilet and one urinal per 50 expected attendees (including event staff); trash containers and recycling bins shall be placed in convenient areas including principal places of assembly, near food and beverage vendors, near restrooms, and at entry and exit points. A recycling bin shall be placed next to each trash container. All litter generated by the event shall be removed at no expense to the City. Litter cleanup shall extend into adjoining public rights-of-way.		The applicant shall demonstrate that the use does not require additional facilities (e.g., a mobile recycling drop-off) or that facilities of the permanent use of the property will be available to those who attend the temporary event.
Security	The applicant shall demonstrate that adequate security is provided for the proposed temporary use.
Insurance / Site Restoration
Insurance	A Certificate of Insurance shall be provided to the City demonstrating that the applicant has a commercial general liability insurance policy, written on an occurrence basis for bodily injury, personal injury, property damage and product liability, with a minimum limit of liability of $1,000,000 per occurrence and with a $2,000,000 aggregate. The event producer must list the City of Durango as an additional insured. Additional endorsements may be required for events with amusement rides or alcoholic beverages.	A Certificate of Insurance shall be provided to the City demonstrating that the applicant has a commercial general liability insurance policy, written on an occurrence basis for bodily injury, personal injury, property damage and product liability, with a minimum limit of liability of $1,000,000 per occurrence and with a $2,000,000 aggregate. Additional endorsements may be required for events with alcoholic beverages.	A Certificate of Insurance shall be provided to the City demonstrating that the applicant has a commercial general liability insurance policy, written on an occurrence basis for bodily injury, personal injury, property damage and product liability, with a minimum limit of liability of $1,000,000 per occurrence and with a $2,000,000 aggregate.
Site restoration / cleanup	The site of the temporary event and the abutting right-of-way shall be cleared of all litter and debris from the event, including temporary signage, not more than two days after the last day of the event.
TABLE NOTES: NA = Not Applicable

Table 2-3-3-2 Standards for Temporary Special Events
Performance Standard	Class of Temporary Special Event Use
Performance Standard	Class A	Class B	Class C
Location and General Site Requirements
Locations where event is allowed	Sites with nonresidential principal uses	Sites with nonresidential or mixed-use principal uses	Sites with nonresidential, mixed-use, or multifamily principal uses
General site requirements	The event shall be located on a site that is large enough to accommodate the expected attendance in a manner that is safe for the site, neighborhood, street, or other infrastructure.		NA
Frequency and Duration of Event
Frequency and duration of event	No site shall host a Class A temporary event more than four times per year. No Class A temporary event shall have a duration that is longer than 10 consecutive days.	No site shall host a Class B temporary event more than 26 times per year. No Class A temporary event shall have a duration that is longer than three days; however, one event per year may span a period of not more than 12 consecutive days, provided that it is counted as four events for the purposes of this standard.	No site shall host a Class C temporary event more than 75 days per year. A class C temporary use shall not have a duration that is more than five consecutive days.
Buildings and Structures
Temporary buildings and structures	Temporary buildings shall comply with the height restrictions of the underlying zone. Temporary structures (e.g., carnival rides and mega-inflatables) that are taller than the height allowed by the underlying zone are allowed, provided that they are set back from all property lines a distance of one foot for every foot in height.	All temporary buildings and structures shall comply with the height limitations of the underlying zone.
Spacing and setbacks	The area used for the temporary event shall be set back the greater of: 20 feet or the width of required buffers from all property lines; or 30 feet from the back of the curb (or, if no curb is present, the edge of pavement).		The area used for the temporary event shall be set back 10 feet or the width of the required buffers from all property lines.
Access, Circulation, and Parking
Required access	Arterial or collector street.	Arterial or collector street; or within 300 feet of an arterial or collector street.	Any type of street.
Traffic control	The street from which access is taken must have adequate capacity to serve the event, including acceleration and deceleration lanes or personnel to manage ingress and egress to the site (according to the scale of the proposed event).
Circulation	Safe on-site vehicular and pedestrian circulation shall be provided, including: (1) minimizing vehicular-pedestrian conflicts; (2) providing appropriate directional signage and / or parking attendants; (3) ensuring efficient access by emergency vehicles; and (4) maintaining full access to permanent uses on-site if they are operating during the temporary event, or emergency access to permanent uses on site if they are not operating during the temporary event.
Motor vehicle parking spaces	The number of parking spaces available for the temporary use shall be sufficient to meet the peak demands of the use, based on 2.5 persons per vehicle. If a permanent use of the property will be in operation during the time that the temporary use is present, then parking for the permanent use shall be provided in compliance with Division 4-5-2, Parking and Loading Calculations, unless the Administrator finds a reduction is justified based on different hours of peak use.	The number of parking spaces available for the temporary use shall be sufficient to meet the peak demands of the use, based on 2.25 persons per vehicle. If a permanent use of the property will be in operation during the time that the temporary use is present, then parking for the permanent use shall be provided in compliance with Division 4-5-2, Parking and Loading Calculations, unless the Administrator finds a reduction is justified based on different hours of peak use or based on likely shared use (i.e., a parking space taken up by a person who visits both the temporary event and the permanent use).	If a permanent use of the property will be in operation during the time that the temporary use is present, then parking for the permanent use shall be provided in compliance with Division 4-5-2, Parking and Loading Calculations, and such spaces shall not be blocked by event facilities. The Administrator may find that a reduction of required parking is justified during the period of a Class C temporary event, based on different hours of peak use or based on likely shared use (i.e., a parking space taken up by a person who visits both the temporary event and the permanent use).
Motor vehicle parking design and location	Parking shall be provided on-site or within 800 feet of the boundaries of the site, except that parking is not allowed at the property of an existing single-family or duplex residential use. Parking shall be in striped, hard-surfaced spaces, either in a parking lot or on-street.	Parking shall be provided on-site or within 800 feet of the boundaries of the site, except that parking is not allowed in or within 100 feet of an existing single-family or duplex residential use. Generally, parking shall be in striped, hard-surfaced spaces, either in a parking lot or on-street. However, parking in grass / unpaved parking areas are allowed only if: (1) The applicant has a legal right to use the land proposed for the parking area; (2) The surface is reasonably level and compact; (3) The parking area is located at least 100 feet from abutting residential uses and property lines and 20 feet from public rights-of-way; (4) Access to the parking area is not taken directly from arterial streets; (5) Such parking is used for not more than two weeks per year, and not more than four consecutive days at a time; and (6) The applicant provides a guarantee that the parking area will be restored to its pre-event condition after the event.	Parking in addition to that provided for the principal permanent use of the property is not required.
Bicycle parking spaces	One bicycle parking space shall be provided on-site for each 10 vehicular parking spaces that are required for the event. Bicycle parking spaces located in existing bicycle racks in public right-of-way adjacent to the property may also be utilized. If a permanent use of the property will be in operation during the time that the temporary use is present, then bicycle parking for the permanent use shall also be provided in compliance with Section 4-5-2-8, Bicycle Parking Calculations.		Parking in addition to that provided for the principal permanent use of the property is not required.
Bicycle parking space location	Bicycle parking shall be provided within 150 feet of an entrance to the temporary event.		NA
Truck parking spaces	Truck parking areas shall be provided as necessary to service the event and provide for storage of trucks and trailers that will remain on-site.
Truck parking space design and location	Truck parking spaces shall be hard-surfaced and off-street. Truck parking areas shall be located at least 200 feet from lot lines of single-family and duplex uses and at least 150 feet from all other residential uses. Trucks shall be routed away from local residential streets.		Truck parking spaces shall not displace required passenger vehicle parking spaces. Truck parking spaces shall not be located on the property of an existing single-family and duplex residential use.
Lighting and Signage
Lighting	All lighting shall be designed to ensure safe operation of the temporary use and safe traffic movements on nearby streets. All lighting, except decorative lighting, shall be shielded from abutting streets and residential buildings that are located within 300 feet. In addition, if the event is located within 500 feet of residential uses, then lighting shall be turned off by 10:00 PM on Sunday – Thursday and 11:00 PM on Friday and Saturday. These requirements supersede the requirements of Division 4-3-2, Lighting.	Lighting shall be designed in accordance with the requirements of Division 4-3-2, Lighting.	No lighting shall be installed other than the lighting that is in place for the permanent use.
Signage	Signage shall comply with the requirements of Article 3-6, Signs.
Operations
Noise controls	Noise shall be controlled so that: (1) The noise level at the nearest residential property line does not exceed 50 dBA after 10:00 PM; (2) The noise level at the property line of the temporary use does not exceed 75 dBA for more than two hours per day; and (3) The noise level at the property line of the temporary use does not exceed 85 dBA at any time. Generators, if used, shall be secured and set back at least 25 feet from all property lines.	Noise shall be controlled so that: (1) The noise level at the nearest residential property line does not exceed 50 dBA after 10:00 PM; and (2) The noise level at the property line of the temporary use does not exceed 65 dBA at any time. Generators, if used, shall be secured and set back at least 25 feet from all property lines.
Sanitation	Restrooms shall be provided at a rate of one toilet and one urinal per 50 expected attendees (including event staff); trash containers and recycling bins shall be placed in convenient areas including principal places of assembly, near food and beverage vendors, near restrooms, and at entry and exit points. A recycling bin shall be placed next to each trash container. All litter generated by the event shall be removed at no expense to the City. Litter cleanup shall extend into adjoining public rights-of-way.		The applicant shall demonstrate that the use does not require additional facilities (e.g., a mobile recycling drop-off) or that facilities of the permanent use of the property will be available to those who attend the temporary event.
Security	The applicant shall demonstrate that adequate security is provided for the proposed temporary use.
Insurance / Site Restoration
Insurance	A Certificate of Insurance shall be provided to the City demonstrating that the applicant has a commercial general liability insurance policy, written on an occurrence basis for bodily injury, personal injury, property damage and product liability, with a minimum limit of liability of $1,000,000 per occurrence and with a $2,000,000 aggregate. The event producer must list the City of Durango as an additional insured. Additional endorsements may be required for events with amusement rides or alcoholic beverages.	A Certificate of Insurance shall be provided to the City demonstrating that the applicant has a commercial general liability insurance policy, written on an occurrence basis for bodily injury, personal injury, property damage and product liability, with a minimum limit of liability of $1,000,000 per occurrence and with a $2,000,000 aggregate. Additional endorsements may be required for events with alcoholic beverages.	A Certificate of Insurance shall be provided to the City demonstrating that the applicant has a commercial general liability insurance policy, written on an occurrence basis for bodily injury, personal injury, property damage and product liability, with a minimum limit of liability of $1,000,000 per occurrence and with a $2,000,000 aggregate.
Site restoration / cleanup	The site of the temporary event and the abutting right-of-way shall be cleared of all litter and debris from the event, including temporary signage, not more than two days after the last day of the event.
TABLE NOTES: NA = Not Applicable

Table 2-3-3-2 Standards for Temporary Special Events
Performance Standard	Class of Temporary Special Event Use
Performance Standard	Class A	Class B	Class C
Location and General Site Requirements
Locations where event is allowed	Sites with nonresidential principal uses	Sites with nonresidential or mixed-use principal uses	Sites with nonresidential, mixed-use, or multifamily principal uses
General site requirements	The event shall be located on a site that is large enough to accommodate the expected attendance in a manner that is safe for the site, neighborhood, street, or other infrastructure.		NA
Frequency and Duration of Event
Frequency and duration of event	No site shall host a Class A temporary event more than four times per year. No Class A temporary event shall have a duration that is longer than 10 consecutive days.	No site shall host a Class B temporary event more than 26 times per year. No Class A temporary event shall have a duration that is longer than three days; however, one event per year may span a period of not more than 12 consecutive days, provided that it is counted as four events for the purposes of this standard.	No site shall host a Class C temporary event more than 75 days per year. A class C temporary use shall not have a duration that is more than five consecutive days.
Buildings and Structures
Temporary buildings and structures	Temporary buildings shall comply with the height restrictions of the underlying zone. Temporary structures (e.g., carnival rides and mega-inflatables) that are taller than the height allowed by the underlying zone are allowed, provided that they are set back from all property lines a distance of one foot for every foot in height.	All temporary buildings and structures shall comply with the height limitations of the underlying zone.
Spacing and setbacks	The area used for the temporary event shall be set back the greater of: 20 feet or the width of required buffers from all property lines; or 30 feet from the back of the curb (or, if no curb is present, the edge of pavement).		The area used for the temporary event shall be set back 10 feet or the width of the required buffers from all property lines.
Access, Circulation, and Parking
Required access	Arterial or collector street.	Arterial or collector street; or within 300 feet of an arterial or collector street.	Any type of street.
Traffic control	The street from which access is taken must have adequate capacity to serve the event, including acceleration and deceleration lanes or personnel to manage ingress and egress to the site (according to the scale of the proposed event).
Circulation	Safe on-site vehicular and pedestrian circulation shall be provided, including: (1) minimizing vehicular-pedestrian conflicts; (2) providing appropriate directional signage and / or parking attendants; (3) ensuring efficient access by emergency vehicles; and (4) maintaining full access to permanent uses on-site if they are operating during the temporary event, or emergency access to permanent uses on site if they are not operating during the temporary event.
Motor vehicle parking spaces	The number of parking spaces available for the temporary use shall be sufficient to meet the peak demands of the use, based on 2.5 persons per vehicle. If a permanent use of the property will be in operation during the time that the temporary use is present, then parking for the permanent use shall be provided in compliance with Division 4-5-2, Parking and Loading Calculations, unless the Administrator finds a reduction is justified based on different hours of peak use.	The number of parking spaces available for the temporary use shall be sufficient to meet the peak demands of the use, based on 2.25 persons per vehicle. If a permanent use of the property will be in operation during the time that the temporary use is present, then parking for the permanent use shall be provided in compliance with Division 4-5-2, Parking and Loading Calculations, unless the Administrator finds a reduction is justified based on different hours of peak use or based on likely shared use (i.e., a parking space taken up by a person who visits both the temporary event and the permanent use).	If a permanent use of the property will be in operation during the time that the temporary use is present, then parking for the permanent use shall be provided in compliance with Division 4-5-2, Parking and Loading Calculations, and such spaces shall not be blocked by event facilities. The Administrator may find that a reduction of required parking is justified during the period of a Class C temporary event, based on different hours of peak use or based on likely shared use (i.e., a parking space taken up by a person who visits both the temporary event and the permanent use).
Motor vehicle parking design and location	Parking shall be provided on-site or within 800 feet of the boundaries of the site, except that parking is not allowed at the property of an existing single-family or duplex residential use. Parking shall be in striped, hard-surfaced spaces, either in a parking lot or on-street.	Parking shall be provided on-site or within 800 feet of the boundaries of the site, except that parking is not allowed in or within 100 feet of an existing single-family or duplex residential use. Generally, parking shall be in striped, hard-surfaced spaces, either in a parking lot or on-street. However, parking in grass / unpaved parking areas are allowed only if: (1) The applicant has a legal right to use the land proposed for the parking area; (2) The surface is reasonably level and compact; (3) The parking area is located at least 100 feet from abutting residential uses and property lines and 20 feet from public rights-of-way; (4) Access to the parking area is not taken directly from arterial streets; (5) Such parking is used for not more than two weeks per year, and not more than four consecutive days at a time; and (6) The applicant provides a guarantee that the parking area will be restored to its pre-event condition after the event.	Parking in addition to that provided for the principal permanent use of the property is not required.
Bicycle parking spaces	One bicycle parking space shall be provided on-site for each 10 vehicular parking spaces that are required for the event. Bicycle parking spaces located in existing bicycle racks in public right-of-way adjacent to the property may also be utilized. If a permanent use of the property will be in operation during the time that the temporary use is present, then bicycle parking for the permanent use shall also be provided in compliance with Section 4-5-2-8, Bicycle Parking Calculations.		Parking in addition to that provided for the principal permanent use of the property is not required.
Bicycle parking space location	Bicycle parking shall be provided within 150 feet of an entrance to the temporary event.		NA
Truck parking spaces	Truck parking areas shall be provided as necessary to service the event and provide for storage of trucks and trailers that will remain on-site.
Truck parking space design and location	Truck parking spaces shall be hard-surfaced and off-street. Truck parking areas shall be located at least 200 feet from lot lines of single-family and duplex uses and at least 150 feet from all other residential uses. Trucks shall be routed away from local residential streets.		Truck parking spaces shall not displace required passenger vehicle parking spaces. Truck parking spaces shall not be located on the property of an existing single-family and duplex residential use.
Lighting and Signage
Lighting	All lighting shall be designed to ensure safe operation of the temporary use and safe traffic movements on nearby streets. All lighting, except decorative lighting, shall be shielded from abutting streets and residential buildings that are located within 300 feet. In addition, if the event is located within 500 feet of residential uses, then lighting shall be turned off by 10:00 PM on Sunday – Thursday and 11:00 PM on Friday and Saturday. These requirements supersede the requirements of Division 4-3-2, Lighting.	Lighting shall be designed in accordance with the requirements of Division 4-3-2, Lighting.	No lighting shall be installed other than the lighting that is in place for the permanent use.
Signage	Signage shall comply with the requirements of Article 3-6, Signs.
Operations
Noise controls	Noise shall be controlled so that: (1) The noise level at the nearest residential property line does not exceed 50 dBA after 10:00 PM; (2) The noise level at the property line of the temporary use does not exceed 75 dBA for more than two hours per day; and (3) The noise level at the property line of the temporary use does not exceed 85 dBA at any time. Generators, if used, shall be secured and set back at least 25 feet from all property lines.	Noise shall be controlled so that: (1) The noise level at the nearest residential property line does not exceed 50 dBA after 10:00 PM; and (2) The noise level at the property line of the temporary use does not exceed 65 dBA at any time. Generators, if used, shall be secured and set back at least 25 feet from all property lines.
Sanitation	Restrooms shall be provided at a rate of one toilet and one urinal per 50 expected attendees (including event staff); trash containers and recycling bins shall be placed in convenient areas including principal places of assembly, near food and beverage vendors, near restrooms, and at entry and exit points. A recycling bin shall be placed next to each trash container. All litter generated by the event shall be removed at no expense to the City. Litter cleanup shall extend into adjoining public rights-of-way.		The applicant shall demonstrate that the use does not require additional facilities (e.g., a mobile recycling drop-off) or that facilities of the permanent use of the property will be available to those who attend the temporary event.
Security	The applicant shall demonstrate that adequate security is provided for the proposed temporary use.
Insurance / Site Restoration
Insurance	A Certificate of Insurance shall be provided to the City demonstrating that the applicant has a commercial general liability insurance policy, written on an occurrence basis for bodily injury, personal injury, property damage and product liability, with a minimum limit of liability of $1,000,000 per occurrence and with a $2,000,000 aggregate. The event producer must list the City of Durango as an additional insured. Additional endorsements may be required for events with amusement rides or alcoholic beverages.	A Certificate of Insurance shall be provided to the City demonstrating that the applicant has a commercial general liability insurance policy, written on an occurrence basis for bodily injury, personal injury, property damage and product liability, with a minimum limit of liability of $1,000,000 per occurrence and with a $2,000,000 aggregate. Additional endorsements may be required for events with alcoholic beverages.	A Certificate of Insurance shall be provided to the City demonstrating that the applicant has a commercial general liability insurance policy, written on an occurrence basis for bodily injury, personal injury, property damage and product liability, with a minimum limit of liability of $1,000,000 per occurrence and with a $2,000,000 aggregate.
Site restoration / cleanup	The site of the temporary event and the abutting right-of-way shall be cleared of all litter and debris from the event, including temporary signage, not more than two days after the last day of the event.
TABLE NOTES: NA = Not Applicable

Table 2-3-3-2 Standards for Temporary Special Events
Performance Standard	Class of Temporary Special Event Use
Performance Standard	Class A	Class B	Class C
Location and General Site Requirements
Locations where event is allowed	Sites with nonresidential principal uses	Sites with nonresidential or mixed-use principal uses	Sites with nonresidential, mixed-use, or multifamily principal uses
General site requirements	The event shall be located on a site that is large enough to accommodate the expected attendance in a manner that is safe for the site, neighborhood, street, or other infrastructure.		NA
Frequency and Duration of Event
Frequency and duration of event	No site shall host a Class A temporary event more than four times per year. No Class A temporary event shall have a duration that is longer than 10 consecutive days.	No site shall host a Class B temporary event more than 26 times per year. No Class A temporary event shall have a duration that is longer than three days; however, one event per year may span a period of not more than 12 consecutive days, provided that it is counted as four events for the purposes of this standard.	No site shall host a Class C temporary event more than 75 days per year. A class C temporary use shall not have a duration that is more than five consecutive days.
Buildings and Structures
Temporary buildings and structures	Temporary buildings shall comply with the height restrictions of the underlying zone. Temporary structures (e.g., carnival rides and mega-inflatables) that are taller than the height allowed by the underlying zone are allowed, provided that they are set back from all property lines a distance of one foot for every foot in height.	All temporary buildings and structures shall comply with the height limitations of the underlying zone.
Spacing and setbacks	The area used for the temporary event shall be set back the greater of: 20 feet or the width of required buffers from all property lines; or 30 feet from the back of the curb (or, if no curb is present, the edge of pavement).		The area used for the temporary event shall be set back 10 feet or the width of the required buffers from all property lines.
Access, Circulation, and Parking
Required access	Arterial or collector street.	Arterial or collector street; or within 300 feet of an arterial or collector street.	Any type of street.
Traffic control	The street from which access is taken must have adequate capacity to serve the event, including acceleration and deceleration lanes or personnel to manage ingress and egress to the site (according to the scale of the proposed event).
Circulation	Safe on-site vehicular and pedestrian circulation shall be provided, including: (1) minimizing vehicular-pedestrian conflicts; (2) providing appropriate directional signage and / or parking attendants; (3) ensuring efficient access by emergency vehicles; and (4) maintaining full access to permanent uses on-site if they are operating during the temporary event, or emergency access to permanent uses on site if they are not operating during the temporary event.
Motor vehicle parking spaces	The number of parking spaces available for the temporary use shall be sufficient to meet the peak demands of the use, based on 2.5 persons per vehicle. If a permanent use of the property will be in operation during the time that the temporary use is present, then parking for the permanent use shall be provided in compliance with Division 4-5-2, Parking and Loading Calculations, unless the Administrator finds a reduction is justified based on different hours of peak use.	The number of parking spaces available for the temporary use shall be sufficient to meet the peak demands of the use, based on 2.25 persons per vehicle. If a permanent use of the property will be in operation during the time that the temporary use is present, then parking for the permanent use shall be provided in compliance with Division 4-5-2, Parking and Loading Calculations, unless the Administrator finds a reduction is justified based on different hours of peak use or based on likely shared use (i.e., a parking space taken up by a person who visits both the temporary event and the permanent use).	If a permanent use of the property will be in operation during the time that the temporary use is present, then parking for the permanent use shall be provided in compliance with Division 4-5-2, Parking and Loading Calculations, and such spaces shall not be blocked by event facilities. The Administrator may find that a reduction of required parking is justified during the period of a Class C temporary event, based on different hours of peak use or based on likely shared use (i.e., a parking space taken up by a person who visits both the temporary event and the permanent use).
Motor vehicle parking design and location	Parking shall be provided on-site or within 800 feet of the boundaries of the site, except that parking is not allowed at the property of an existing single-family or duplex residential use. Parking shall be in striped, hard-surfaced spaces, either in a parking lot or on-street.	Parking shall be provided on-site or within 800 feet of the boundaries of the site, except that parking is not allowed in or within 100 feet of an existing single-family or duplex residential use. Generally, parking shall be in striped, hard-surfaced spaces, either in a parking lot or on-street. However, parking in grass / unpaved parking areas are allowed only if: (1) The applicant has a legal right to use the land proposed for the parking area; (2) The surface is reasonably level and compact; (3) The parking area is located at least 100 feet from abutting residential uses and property lines and 20 feet from public rights-of-way; (4) Access to the parking area is not taken directly from arterial streets; (5) Such parking is used for not more than two weeks per year, and not more than four consecutive days at a time; and (6) The applicant provides a guarantee that the parking area will be restored to its pre-event condition after the event.	Parking in addition to that provided for the principal permanent use of the property is not required.
Bicycle parking spaces	One bicycle parking space shall be provided on-site for each 10 vehicular parking spaces that are required for the event. Bicycle parking spaces located in existing bicycle racks in public right-of-way adjacent to the property may also be utilized. If a permanent use of the property will be in operation during the time that the temporary use is present, then bicycle parking for the permanent use shall also be provided in compliance with Section 4-5-2-8, Bicycle Parking Calculations.		Parking in addition to that provided for the principal permanent use of the property is not required.
Bicycle parking space location	Bicycle parking shall be provided within 150 feet of an entrance to the temporary event.		NA
Truck parking spaces	Truck parking areas shall be provided as necessary to service the event and provide for storage of trucks and trailers that will remain on-site.
Truck parking space design and location	Truck parking spaces shall be hard-surfaced and off-street. Truck parking areas shall be located at least 200 feet from lot lines of single-family and duplex uses and at least 150 feet from all other residential uses. Trucks shall be routed away from local residential streets.		Truck parking spaces shall not displace required passenger vehicle parking spaces. Truck parking spaces shall not be located on the property of an existing single-family and duplex residential use.
Lighting and Signage
Lighting	All lighting shall be designed to ensure safe operation of the temporary use and safe traffic movements on nearby streets. All lighting, except decorative lighting, shall be shielded from abutting streets and residential buildings that are located within 300 feet. In addition, if the event is located within 500 feet of residential uses, then lighting shall be turned off by 10:00 PM on Sunday – Thursday and 11:00 PM on Friday and Saturday. These requirements supersede the requirements of Division 4-3-2, Lighting.	Lighting shall be designed in accordance with the requirements of Division 4-3-2, Lighting.	No lighting shall be installed other than the lighting that is in place for the permanent use.
Signage	Signage shall comply with the requirements of Article 3-6, Signs.
Operations
Noise controls	Noise shall be controlled so that: (1) The noise level at the nearest residential property line does not exceed 50 dBA after 10:00 PM; (2) The noise level at the property line of the temporary use does not exceed 75 dBA for more than two hours per day; and (3) The noise level at the property line of the temporary use does not exceed 85 dBA at any time. Generators, if used, shall be secured and set back at least 25 feet from all property lines.	Noise shall be controlled so that: (1) The noise level at the nearest residential property line does not exceed 50 dBA after 10:00 PM; and (2) The noise level at the property line of the temporary use does not exceed 65 dBA at any time. Generators, if used, shall be secured and set back at least 25 feet from all property lines.
Sanitation	Restrooms shall be provided at a rate of one toilet and one urinal per 50 expected attendees (including event staff); trash containers and recycling bins shall be placed in convenient areas including principal places of assembly, near food and beverage vendors, near restrooms, and at entry and exit points. A recycling bin shall be placed next to each trash container. All litter generated by the event shall be removed at no expense to the City. Litter cleanup shall extend into adjoining public rights-of-way.		The applicant shall demonstrate that the use does not require additional facilities (e.g., a mobile recycling drop-off) or that facilities of the permanent use of the property will be available to those who attend the temporary event.
Security	The applicant shall demonstrate that adequate security is provided for the proposed temporary use.
Insurance / Site Restoration
Insurance	A Certificate of Insurance shall be provided to the City demonstrating that the applicant has a commercial general liability insurance policy, written on an occurrence basis for bodily injury, personal injury, property damage and product liability, with a minimum limit of liability of $1,000,000 per occurrence and with a $2,000,000 aggregate. The event producer must list the City of Durango as an additional insured. Additional endorsements may be required for events with amusement rides or alcoholic beverages.	A Certificate of Insurance shall be provided to the City demonstrating that the applicant has a commercial general liability insurance policy, written on an occurrence basis for bodily injury, personal injury, property damage and product liability, with a minimum limit of liability of $1,000,000 per occurrence and with a $2,000,000 aggregate. Additional endorsements may be required for events with alcoholic beverages.	A Certificate of Insurance shall be provided to the City demonstrating that the applicant has a commercial general liability insurance policy, written on an occurrence basis for bodily injury, personal injury, property damage and product liability, with a minimum limit of liability of $1,000,000 per occurrence and with a $2,000,000 aggregate.
Site restoration / cleanup	The site of the temporary event and the abutting right-of-way shall be cleared of all litter and debris from the event, including temporary signage, not more than two days after the last day of the event.
TABLE NOTES: NA = Not Applicable

Conditions of Approval. Additional conditions may be imposed by the Administrator if deemed necessary to ensure land use compatibility or to minimize potential adverse impacts on neighboring properties, public streets, or the City. Such conditions shall not relate to the content of or viewpoint expressed in constitutionally protected speech, except where a statute so authorizes (e.g., statutes that protect minors from speech that is harmful to minors) or a court of competent jurisdiction has upheld such conditions. Generally, conditions of approval may include, but are not limited to, the following:
1. Modification or restrictions on the hours of operation or duration of the event.
2. Arrangements satisfactory to the City for the provision of special or extraordinary services or equipment, such as traffic control or security personnel, or equipment that is needed to ensure safe operation of the use or event. This may also include additional liability insurance.
3. The City may refuse to issue a temporary use permit if the proposed event is too large to be safely conducted at the proposed site.
Business License Required. Vendors require a business license from the City. See Chapter 13, Licenses and Business Regulations, Durango Municipal Code.

Effective on: 11/2/2021

Sec. 2-3-3-3 Temporary Commercial Sales

A.
Generally. Temporary commercial sales shall meet the applicable standards in Table 2-3-3-3, Standards for Temporary Commercial Sales. Approval of such uses may be subject to conditions as set out in Subsection B., below. The classes of temporary commercial sales are described in Section 2-3-3-1, Classification of Temporary Uses. Licenses may be required as provided in Subsection C., below.

Table 2-3-3-3 Standards for Temporary Commercial Sales
Performance Standard	Class of Temporary Commercial Sales Use
Performance Standard	Class A	Class B	Class C
Location and General Site Requirements
Locations where event is allowed	Class A temporary commercial sales are allowed only in the CB, MU-A, CG, and CR zones.	Seasonal holiday-related sales are allowed on all parcels developed with nonresidential uses that meet the requirements of this table. Other Class B temporary commercial sales are allowed only in the CB, MU-A, CG, and CR zones.	Class C temporary commercial sales are allowed only in the CB, MU-N, MU-A, CG, CR and LI zones; or on construction sites that are larger than one acre in any zone.
General site requirements	No site shall be used for a temporary commercial sale if it does not comply with the sight distance requirements set out in Section 4-2-2-12, Corner Sight Distance, and Section 4-2-2-13, Visibility Triangles for Minor Streets and Driveways.
Frequency and Duration of Event
Frequency and duration of event	30 days per year may be used for Class A temporary commercial sales, but no Class A temporary commercial sale shall have a duration of more than 10 days.	180 days per year may be used for Class B temporary commercial sales, but no Class B temporary commercial sale shall have a duration of more than 90 days.	180 days per year may be used for Class C temporary commercial sales. These are not required to be consecutive.
Buildings and Structures
Height and design	No temporary building or structure (e.g., tents) shall have a height greater than 25 feet. Tents and canopies shall not be used as signs.		Temporary buildings shall not exceed 12 feet in height or 200 feet in gross floor area.
Spacing and setbacks	The area used for temporary commercial sales shall be set back the greater of: 10 feet or the width of required buffers from all property lines; or 25 feet from the back of the curb (or, if no curb is present, the edge of pavement).		3 feet from all property lines. Food trucks or any vendor using gas-fired appliances shall comply with spacing requirements defined by adopted Fire Codes.
Access, Circulation, and Parking
Required access	Access shall be from a collector or arterial street.	Access shall be from a collector or arterial street, except that access to seasonal holiday-related sales may also be from a local street.	Any type of street.
Traffic control	The street from which access is taken must have adequate capacity to serve the temporary commercial sales event, including acceleration and deceleration lanes (according to the scale of the proposed sales event).
Circulation	Safe on-site vehicular and pedestrian circulation shall be provided, including: (1) minimizing vehicular-pedestrian conflicts; (2) providing appropriate directional signage; (3) ensuring efficient access by emergency vehicles; and (4) maintaining full access to permanent uses on-site if they are operating during the temporary commercial sales event, or emergency access to permanent uses on site if they are not operating during the temporary commercial sales.
Motor vehicle parking spaces	Four parking spaces shall be provided for each 1,000 sf. of area allocated to the temporary commercial sales use. Class A temporary sales uses shall not be allowed if the available parking does not meet the requirements of Division 4-5-2, Parking and Loading Calculations, for the operational permanent uses on the site plus the proposed temporary commercial sales use.	Parking for the permanent uses of the site shall conform to the requirements of Division 4-5-2, Parking and Loading Calculations. The proposed Class B temporary commercial sales use shall not occupy or block parking spaces that are necessary to achieve compliance with this requirement.	Parking in addition to that provided for the principal permanent use of the property is not required.
Motor vehicle parking design and location	All parking shall be provided on-site.		NA
Operations
Noise controls	Noise shall be controlled so that the noise level at the nearest residential property line does not exceed 50 dBA after 9:00 PM
Hours of Operation	7:00 AM - 10:00 PM Sunday - Thursday; 7:00 AM - 11:00 PM Friday and Saturday.	7:00 AM - 10:00 PM Sunday - Thursday; 7:00 AM - 11:00 PM Friday and Saturday.	7:00 AM - 10:00 PM Sunday - Thursday; 7:00 AM - 11:00 PM Friday and Saturday.
Sanitation	Employees of the use shall have access to sanitary facilities.		Restrooms shall be provided on-site for employees and customers (this may be by agreement with the owner of the principal use). Waste containers shall be provided for customers.
Security	The applicant shall demonstrate that adequate security is provided for the proposed temporary use.
Site Restoration / Cleanup
Site restoration / cleanup	The site of the temporary commercial sales and the abutting right-of-way shall be cleared of all litter and debris from the event, including temporary signage, not more than two days after the last day of the sales event.		The site of the temporary commercial sales and the abutting right-of-way shall be cleared of all litter and debris from the sales event, including temporary signage, not more than two days after the last day of the sales event.
Wastewater/Fats, Oils and Grease	All temporary commercial sales vendors shall properly dispose of wastewater including any fats, oils and grease that may be associated with food preparation, cleaning, etc. Disposal on the ground, into storm drains, or into the City’s wastewater system is prohibited.
TABLE NOTES: NA = Not Applicable

Table 2-3-3-3 Standards for Temporary Commercial Sales
Performance Standard	Class of Temporary Commercial Sales Use
Performance Standard	Class A	Class B	Class C
Location and General Site Requirements
Locations where event is allowed	Class A temporary commercial sales are allowed only in the CB, MU-A, CG, and CR zones.	Seasonal holiday-related sales are allowed on all parcels developed with nonresidential uses that meet the requirements of this table. Other Class B temporary commercial sales are allowed only in the CB, MU-A, CG, and CR zones.	Class C temporary commercial sales are allowed only in the CB, MU-N, MU-A, CG, CR and LI zones; or on construction sites that are larger than one acre in any zone.
General site requirements	No site shall be used for a temporary commercial sale if it does not comply with the sight distance requirements set out in Section 4-2-2-12, Corner Sight Distance, and Section 4-2-2-13, Visibility Triangles for Minor Streets and Driveways.
Frequency and Duration of Event
Frequency and duration of event	30 days per year may be used for Class A temporary commercial sales, but no Class A temporary commercial sale shall have a duration of more than 10 days.	180 days per year may be used for Class B temporary commercial sales, but no Class B temporary commercial sale shall have a duration of more than 90 days.	180 days per year may be used for Class C temporary commercial sales. These are not required to be consecutive.
Buildings and Structures
Height and design	No temporary building or structure (e.g., tents) shall have a height greater than 25 feet. Tents and canopies shall not be used as signs.		Temporary buildings shall not exceed 12 feet in height or 200 feet in gross floor area.
Spacing and setbacks	The area used for temporary commercial sales shall be set back the greater of: 10 feet or the width of required buffers from all property lines; or 25 feet from the back of the curb (or, if no curb is present, the edge of pavement).		3 feet from all property lines. Food trucks or any vendor using gas-fired appliances shall comply with spacing requirements defined by adopted Fire Codes.
Access, Circulation, and Parking
Required access	Access shall be from a collector or arterial street.	Access shall be from a collector or arterial street, except that access to seasonal holiday-related sales may also be from a local street.	Any type of street.
Traffic control	The street from which access is taken must have adequate capacity to serve the temporary commercial sales event, including acceleration and deceleration lanes (according to the scale of the proposed sales event).
Circulation	Safe on-site vehicular and pedestrian circulation shall be provided, including: (1) minimizing vehicular-pedestrian conflicts; (2) providing appropriate directional signage; (3) ensuring efficient access by emergency vehicles; and (4) maintaining full access to permanent uses on-site if they are operating during the temporary commercial sales event, or emergency access to permanent uses on site if they are not operating during the temporary commercial sales.
Motor vehicle parking spaces	Four parking spaces shall be provided for each 1,000 sf. of area allocated to the temporary commercial sales use. Class A temporary sales uses shall not be allowed if the available parking does not meet the requirements of Division 4-5-2, Parking and Loading Calculations, for the operational permanent uses on the site plus the proposed temporary commercial sales use.	Parking for the permanent uses of the site shall conform to the requirements of Division 4-5-2, Parking and Loading Calculations. The proposed Class B temporary commercial sales use shall not occupy or block parking spaces that are necessary to achieve compliance with this requirement.	Parking in addition to that provided for the principal permanent use of the property is not required.
Motor vehicle parking design and location	All parking shall be provided on-site.		NA
Operations
Noise controls	Noise shall be controlled so that the noise level at the nearest residential property line does not exceed 50 dBA after 9:00 PM
Hours of Operation	7:00 AM - 10:00 PM Sunday - Thursday; 7:00 AM - 11:00 PM Friday and Saturday.	7:00 AM - 10:00 PM Sunday - Thursday; 7:00 AM - 11:00 PM Friday and Saturday.	7:00 AM - 10:00 PM Sunday - Thursday; 7:00 AM - 11:00 PM Friday and Saturday.
Sanitation	Employees of the use shall have access to sanitary facilities.		Restrooms shall be provided on-site for employees and customers (this may be by agreement with the owner of the principal use). Waste containers shall be provided for customers.
Security	The applicant shall demonstrate that adequate security is provided for the proposed temporary use.
Site Restoration / Cleanup
Site restoration / cleanup	The site of the temporary commercial sales and the abutting right-of-way shall be cleared of all litter and debris from the event, including temporary signage, not more than two days after the last day of the sales event.		The site of the temporary commercial sales and the abutting right-of-way shall be cleared of all litter and debris from the sales event, including temporary signage, not more than two days after the last day of the sales event.
Wastewater/Fats, Oils and Grease	All temporary commercial sales vendors shall properly dispose of wastewater including any fats, oils and grease that may be associated with food preparation, cleaning, etc. Disposal on the ground, into storm drains, or into the City’s wastewater system is prohibited.
TABLE NOTES: NA = Not Applicable

Table 2-3-3-3 Standards for Temporary Commercial Sales
Performance Standard	Class of Temporary Commercial Sales Use
Performance Standard	Class A	Class B	Class C
Location and General Site Requirements
Locations where event is allowed	Class A temporary commercial sales are allowed only in the CB, MU-A, CG, and CR zones.	Seasonal holiday-related sales are allowed on all parcels developed with nonresidential uses that meet the requirements of this table. Other Class B temporary commercial sales are allowed only in the CB, MU-A, CG, and CR zones.	Class C temporary commercial sales are allowed only in the CB, MU-N, MU-A, CG, CR and LI zones; or on construction sites that are larger than one acre in any zone.
General site requirements	No site shall be used for a temporary commercial sale if it does not comply with the sight distance requirements set out in Section 4-2-2-12, Corner Sight Distance, and Section 4-2-2-13, Visibility Triangles for Minor Streets and Driveways.
Frequency and Duration of Event
Frequency and duration of event	30 days per year may be used for Class A temporary commercial sales, but no Class A temporary commercial sale shall have a duration of more than 10 days.	180 days per year may be used for Class B temporary commercial sales, but no Class B temporary commercial sale shall have a duration of more than 90 days.	180 days per year may be used for Class C temporary commercial sales. These are not required to be consecutive.
Buildings and Structures
Height and design	No temporary building or structure (e.g., tents) shall have a height greater than 25 feet. Tents and canopies shall not be used as signs.		Temporary buildings shall not exceed 12 feet in height or 200 feet in gross floor area.
Spacing and setbacks	The area used for temporary commercial sales shall be set back the greater of: 10 feet or the width of required buffers from all property lines; or 25 feet from the back of the curb (or, if no curb is present, the edge of pavement).		3 feet from all property lines. Food trucks or any vendor using gas-fired appliances shall comply with spacing requirements defined by adopted Fire Codes.
Access, Circulation, and Parking
Required access	Access shall be from a collector or arterial street.	Access shall be from a collector or arterial street, except that access to seasonal holiday-related sales may also be from a local street.	Any type of street.
Traffic control	The street from which access is taken must have adequate capacity to serve the temporary commercial sales event, including acceleration and deceleration lanes (according to the scale of the proposed sales event).
Circulation	Safe on-site vehicular and pedestrian circulation shall be provided, including: (1) minimizing vehicular-pedestrian conflicts; (2) providing appropriate directional signage; (3) ensuring efficient access by emergency vehicles; and (4) maintaining full access to permanent uses on-site if they are operating during the temporary commercial sales event, or emergency access to permanent uses on site if they are not operating during the temporary commercial sales.
Motor vehicle parking spaces	Four parking spaces shall be provided for each 1,000 sf. of area allocated to the temporary commercial sales use. Class A temporary sales uses shall not be allowed if the available parking does not meet the requirements of Division 4-5-2, Parking and Loading Calculations, for the operational permanent uses on the site plus the proposed temporary commercial sales use.	Parking for the permanent uses of the site shall conform to the requirements of Division 4-5-2, Parking and Loading Calculations. The proposed Class B temporary commercial sales use shall not occupy or block parking spaces that are necessary to achieve compliance with this requirement.	Parking in addition to that provided for the principal permanent use of the property is not required.
Motor vehicle parking design and location	All parking shall be provided on-site.		NA
Operations
Noise controls	Noise shall be controlled so that the noise level at the nearest residential property line does not exceed 50 dBA after 9:00 PM
Hours of Operation	7:00 AM - 10:00 PM Sunday - Thursday; 7:00 AM - 11:00 PM Friday and Saturday.	7:00 AM - 10:00 PM Sunday - Thursday; 7:00 AM - 11:00 PM Friday and Saturday.	7:00 AM - 10:00 PM Sunday - Thursday; 7:00 AM - 11:00 PM Friday and Saturday.
Sanitation	Employees of the use shall have access to sanitary facilities.		Restrooms shall be provided on-site for employees and customers (this may be by agreement with the owner of the principal use). Waste containers shall be provided for customers.
Security	The applicant shall demonstrate that adequate security is provided for the proposed temporary use.
Site Restoration / Cleanup
Site restoration / cleanup	The site of the temporary commercial sales and the abutting right-of-way shall be cleared of all litter and debris from the event, including temporary signage, not more than two days after the last day of the sales event.		The site of the temporary commercial sales and the abutting right-of-way shall be cleared of all litter and debris from the sales event, including temporary signage, not more than two days after the last day of the sales event.
Wastewater/Fats, Oils and Grease	All temporary commercial sales vendors shall properly dispose of wastewater including any fats, oils and grease that may be associated with food preparation, cleaning, etc. Disposal on the ground, into storm drains, or into the City’s wastewater system is prohibited.
TABLE NOTES: NA = Not Applicable

Table 2-3-3-3 Standards for Temporary Commercial Sales
Performance Standard	Class of Temporary Commercial Sales Use
Performance Standard	Class A	Class B	Class C
Location and General Site Requirements
Locations where event is allowed	Class A temporary commercial sales are allowed only in the CB, MU-A, CG, and CR zones.	Seasonal holiday-related sales are allowed on all parcels developed with nonresidential uses that meet the requirements of this table. Other Class B temporary commercial sales are allowed only in the CB, MU-A, CG, and CR zones.	Class C temporary commercial sales are allowed only in the CB, MU-N, MU-A, CG, CR and LI zones; or on construction sites that are larger than one acre in any zone.
General site requirements	No site shall be used for a temporary commercial sale if it does not comply with the sight distance requirements set out in Section 4-2-2-12, Corner Sight Distance, and Section 4-2-2-13, Visibility Triangles for Minor Streets and Driveways.
Frequency and Duration of Event
Frequency and duration of event	30 days per year may be used for Class A temporary commercial sales, but no Class A temporary commercial sale shall have a duration of more than 10 days.	180 days per year may be used for Class B temporary commercial sales, but no Class B temporary commercial sale shall have a duration of more than 90 days.	180 days per year may be used for Class C temporary commercial sales. These are not required to be consecutive.
Buildings and Structures
Height and design	No temporary building or structure (e.g., tents) shall have a height greater than 25 feet. Tents and canopies shall not be used as signs.		Temporary buildings shall not exceed 12 feet in height or 200 feet in gross floor area.
Spacing and setbacks	The area used for temporary commercial sales shall be set back the greater of: 10 feet or the width of required buffers from all property lines; or 25 feet from the back of the curb (or, if no curb is present, the edge of pavement).		3 feet from all property lines. Food trucks or any vendor using gas-fired appliances shall comply with spacing requirements defined by adopted Fire Codes.
Access, Circulation, and Parking
Required access	Access shall be from a collector or arterial street.	Access shall be from a collector or arterial street, except that access to seasonal holiday-related sales may also be from a local street.	Any type of street.
Traffic control	The street from which access is taken must have adequate capacity to serve the temporary commercial sales event, including acceleration and deceleration lanes (according to the scale of the proposed sales event).
Circulation	Safe on-site vehicular and pedestrian circulation shall be provided, including: (1) minimizing vehicular-pedestrian conflicts; (2) providing appropriate directional signage; (3) ensuring efficient access by emergency vehicles; and (4) maintaining full access to permanent uses on-site if they are operating during the temporary commercial sales event, or emergency access to permanent uses on site if they are not operating during the temporary commercial sales.
Motor vehicle parking spaces	Four parking spaces shall be provided for each 1,000 sf. of area allocated to the temporary commercial sales use. Class A temporary sales uses shall not be allowed if the available parking does not meet the requirements of Division 4-5-2, Parking and Loading Calculations, for the operational permanent uses on the site plus the proposed temporary commercial sales use.	Parking for the permanent uses of the site shall conform to the requirements of Division 4-5-2, Parking and Loading Calculations. The proposed Class B temporary commercial sales use shall not occupy or block parking spaces that are necessary to achieve compliance with this requirement.	Parking in addition to that provided for the principal permanent use of the property is not required.
Motor vehicle parking design and location	All parking shall be provided on-site.		NA
Operations
Noise controls	Noise shall be controlled so that the noise level at the nearest residential property line does not exceed 50 dBA after 9:00 PM
Hours of Operation	7:00 AM - 10:00 PM Sunday - Thursday; 7:00 AM - 11:00 PM Friday and Saturday.	7:00 AM - 10:00 PM Sunday - Thursday; 7:00 AM - 11:00 PM Friday and Saturday.	7:00 AM - 10:00 PM Sunday - Thursday; 7:00 AM - 11:00 PM Friday and Saturday.
Sanitation	Employees of the use shall have access to sanitary facilities.		Restrooms shall be provided on-site for employees and customers (this may be by agreement with the owner of the principal use). Waste containers shall be provided for customers.
Security	The applicant shall demonstrate that adequate security is provided for the proposed temporary use.
Site Restoration / Cleanup
Site restoration / cleanup	The site of the temporary commercial sales and the abutting right-of-way shall be cleared of all litter and debris from the event, including temporary signage, not more than two days after the last day of the sales event.		The site of the temporary commercial sales and the abutting right-of-way shall be cleared of all litter and debris from the sales event, including temporary signage, not more than two days after the last day of the sales event.
Wastewater/Fats, Oils and Grease	All temporary commercial sales vendors shall properly dispose of wastewater including any fats, oils and grease that may be associated with food preparation, cleaning, etc. Disposal on the ground, into storm drains, or into the City’s wastewater system is prohibited.
TABLE NOTES: NA = Not Applicable

B.
Conditions of Approval. Additional conditions may be imposed by the Administrator if deemed necessary to ensure land use compatibility or to minimize potential adverse impacts on neighboring properties, public streets, or the City. Generally, conditions of approval may include, but are not limited to, the following:
1. 1.
  Modification or restrictions on the hours of operation or duration of the event.
2. 2.
  Arrangements satisfactory to the City for the provision of special or extraordinary services or equipment, such as traffic control or security personnel, or equipment that is needed to ensure safe operation of the use or event. This may also include additional liability insurance.
3. 3.
  The City may refuse to issue a temporary use permit if the proposed event is too large to be safely conducted at the proposed site.
C.
Business License Required. Vendors require a business license from the City. See Chapter 13, Licenses and Business Regulations, Durango Municipal Code.
D.
Extension of Approvals.
1. 1.
  Approved permits for Class C Temporary Commercial Sales may be renewed up to twice upon demonstration of good cause, appropriate maintenance, extension of any required surety, and diligent pursuit of the purposes for which the uses were established. All applications for renewal of a temporary use permit issued pursuant to this Section shall be submitted to the Administrator at least 10 working days before the expiration of the permit.
2. 2.
  Continued operations following the expiration of a second renewal may be permitted subject to the Site Plan Review process as described in Article 6-3, Permits and Procedures, and design requirements as described in Chapter 4, Site Design and Natural Resource Stewardship.

Effective on: 4/14/2023

Sec. 2-3-3-4 Temporary Buildings and Temporary Construction Uses

Generally. Temporary buildings and temporary construction uses must meet the applicable standards of this Section. The classes of temporary buildings and temporary construction uses are described in Section 2-3-3-1, Classification of Temporary Uses.

Location and Operations. The location, hours of use, operational limitations, and durations of temporary buildings and temporary construction uses are set out in Table 2-3-3-4, Temporary Buildings and Temporary Construction Uses.

Table 2-3-3-4 Temporary Buildings and Temporary Construction Uses
Temporary Use	Location of Use	Hours of Use	Operational Limitations	Duration of Use
Class A Temporary Building / Construction Uses
Concrete, mortar and asphalt batching operations	Must be located at least 500 feet from residential zone boundaries or property lines of lots that are used for residential purposes (measured as the shortest linear distance from the edge of the operation and the boundary or property line). Must be set back at least 40 feet from the right-of-way line and 25 feet from all other property lines.	8:00 AM to 8:00 PM if any residential use is located within 1,000 feet; 6:00 AM to 10:00 PM in all other locations.	The facility shall be used only for a project within the City of Durango or the urbanizing area. Restroom facilities shall be provided on-site for workers.	Established by approval, but will coincide with the use of the facility for a specified construction project.
Temporary construction yard	Within 1/2 mile of the construction to which the construction yard relates. Must be set back at least 40 feet from the right-of-way line and 25 feet from all other property lines.	8:00 AM to 8:00 PM if any residential use is located within 1,000 feet; 6:00 AM to 10:00 PM in all other locations.	The facility shall be used only for a construction site in the City of Durango or the urbanizing area; or an infrastructure project that is wholly or partially located in the City of Durango or the urbanizing area.	Established by approval, but will coincide with the use of the facility for a specified construction project.
Class B Temporary Building / Construction Uses
Temporary manufactured buildings	On a lot or parcel proposed for development, set back as required for principal buildings, if possible. Alternative locations may be approved as part of a construction staging plan if there is no reasonable alternative location that complies with the required setbacks.	Not limited. However, the temporary manufactured building may not be used as a residence.	May be used by construction superintendent, construction workers, contractors, and other personnel on a construction team; a security office; or as temporary office or classroom space. Restroom facilities shall be provided on properties that use temporary buildings, unless they are only used for storage.	No limit for public schools; construction-related facilities shall be removed prior to certificate of occupancy for last building; other buildings shall be removed within two years from date of permit.
Model homes and on-site real estate offices	On lot or parcel proposed for development	NA	Sales limited to units located on the lot or parcel proposed for development; sales offices within model homes shall meet applicable building code criteria. Restroom facilities shall be provided in or within 100 feet of model homes or on-site real estate offices.	On-site real estate offices in temporary buildings shall be removed upon completion of the model home(s) or suitable permanent floor area on-site. On-site real estate offices in model homes or common buildings (e.g., clubhouses) must be removed by the date of issuance of the last certificate of occupancy or 30 days following the sale of the last lot for development.
Temporary Storage Containers and Dumpsters
Temporary storage containers	On a parcel or lot served by the temporary storage container. No encroachment onto lawn areas or sidewalks is permitted. On nonresidential parcels, containers must be located behind the principal building(s).	NA	NA	Up to five days if located in a residential driveway or up to three months if an active remodeling project is occurring with a valid permit; up to one year if located behind the principal building and screened from view from public rights-of-way.
Temporary dumpsters	On single-family detached, duplex, single-family attached, or multiplex residential property, must be located on the lot using the dumpster (or a comparable location approved by the property owners' association in the case of a condominium), set back at least one ft. from the property line on a hard surface. On nonresidential, multifamily, or mixed-use property, dumpsters shall be located behind buildings (where possible) and shall not obstruct required parking areas.	NA	All refuse shall be contained within the dumpster, and shall be secured if necessary to prevent it from being removed from the dumpster by wind or wildlife.	If used for construction or renovation, may remain in place for 1 week after the permit is closed. If used for other purposes, up to 10 days.
TABLE NOTES: NA = Not Applicable

Table 2-3-3-4 Temporary Buildings and Temporary Construction Uses
Temporary Use	Location of Use	Hours of Use	Operational Limitations	Duration of Use
Class A Temporary Building / Construction Uses
Concrete, mortar and asphalt batching operations	Must be located at least 500 feet from residential zone boundaries or property lines of lots that are used for residential purposes (measured as the shortest linear distance from the edge of the operation and the boundary or property line). Must be set back at least 40 feet from the right-of-way line and 25 feet from all other property lines.	8:00 AM to 8:00 PM if any residential use is located within 1,000 feet; 6:00 AM to 10:00 PM in all other locations.	The facility shall be used only for a project within the City of Durango or the urbanizing area. Restroom facilities shall be provided on-site for workers.	Established by approval, but will coincide with the use of the facility for a specified construction project.
Temporary construction yard	Within 1/2 mile of the construction to which the construction yard relates. Must be set back at least 40 feet from the right-of-way line and 25 feet from all other property lines.	8:00 AM to 8:00 PM if any residential use is located within 1,000 feet; 6:00 AM to 10:00 PM in all other locations.	The facility shall be used only for a construction site in the City of Durango or the urbanizing area; or an infrastructure project that is wholly or partially located in the City of Durango or the urbanizing area.	Established by approval, but will coincide with the use of the facility for a specified construction project.
Class B Temporary Building / Construction Uses
Temporary manufactured buildings	On a lot or parcel proposed for development, set back as required for principal buildings, if possible. Alternative locations may be approved as part of a construction staging plan if there is no reasonable alternative location that complies with the required setbacks.	Not limited. However, the temporary manufactured building may not be used as a residence.	May be used by construction superintendent, construction workers, contractors, and other personnel on a construction team; a security office; or as temporary office or classroom space. Restroom facilities shall be provided on properties that use temporary buildings, unless they are only used for storage.	No limit for public schools; construction-related facilities shall be removed prior to certificate of occupancy for last building; other buildings shall be removed within two years from date of permit.
Model homes and on-site real estate offices	On lot or parcel proposed for development	NA	Sales limited to units located on the lot or parcel proposed for development; sales offices within model homes shall meet applicable building code criteria. Restroom facilities shall be provided in or within 100 feet of model homes or on-site real estate offices.	On-site real estate offices in temporary buildings shall be removed upon completion of the model home(s) or suitable permanent floor area on-site. On-site real estate offices in model homes or common buildings (e.g., clubhouses) must be removed by the date of issuance of the last certificate of occupancy or 30 days following the sale of the last lot for development.
Temporary Storage Containers and Dumpsters
Temporary storage containers	On a parcel or lot served by the temporary storage container. No encroachment onto lawn areas or sidewalks is permitted. On nonresidential parcels, containers must be located behind the principal building(s).	NA	NA	Up to five days if located in a residential driveway or up to three months if an active remodeling project is occurring with a valid permit; up to one year if located behind the principal building and screened from view from public rights-of-way.
Temporary dumpsters	On single-family detached, duplex, single-family attached, or multiplex residential property, must be located on the lot using the dumpster (or a comparable location approved by the property owners' association in the case of a condominium), set back at least one ft. from the property line on a hard surface. On nonresidential, multifamily, or mixed-use property, dumpsters shall be located behind buildings (where possible) and shall not obstruct required parking areas.	NA	All refuse shall be contained within the dumpster, and shall be secured if necessary to prevent it from being removed from the dumpster by wind or wildlife.	If used for construction or renovation, may remain in place for 1 week after the permit is closed. If used for other purposes, up to 10 days.
TABLE NOTES: NA = Not Applicable

Table 2-3-3-4 Temporary Buildings and Temporary Construction Uses
Temporary Use	Location of Use	Hours of Use	Operational Limitations	Duration of Use
Class A Temporary Building / Construction Uses
Concrete, mortar and asphalt batching operations	Must be located at least 500 feet from residential zone boundaries or property lines of lots that are used for residential purposes (measured as the shortest linear distance from the edge of the operation and the boundary or property line). Must be set back at least 40 feet from the right-of-way line and 25 feet from all other property lines.	8:00 AM to 8:00 PM if any residential use is located within 1,000 feet; 6:00 AM to 10:00 PM in all other locations.	The facility shall be used only for a project within the City of Durango or the urbanizing area. Restroom facilities shall be provided on-site for workers.	Established by approval, but will coincide with the use of the facility for a specified construction project.
Temporary construction yard	Within 1/2 mile of the construction to which the construction yard relates. Must be set back at least 40 feet from the right-of-way line and 25 feet from all other property lines.	8:00 AM to 8:00 PM if any residential use is located within 1,000 feet; 6:00 AM to 10:00 PM in all other locations.	The facility shall be used only for a construction site in the City of Durango or the urbanizing area; or an infrastructure project that is wholly or partially located in the City of Durango or the urbanizing area.	Established by approval, but will coincide with the use of the facility for a specified construction project.
Class B Temporary Building / Construction Uses
Temporary manufactured buildings	On a lot or parcel proposed for development, set back as required for principal buildings, if possible. Alternative locations may be approved as part of a construction staging plan if there is no reasonable alternative location that complies with the required setbacks.	Not limited. However, the temporary manufactured building may not be used as a residence.	May be used by construction superintendent, construction workers, contractors, and other personnel on a construction team; a security office; or as temporary office or classroom space. Restroom facilities shall be provided on properties that use temporary buildings, unless they are only used for storage.	No limit for public schools; construction-related facilities shall be removed prior to certificate of occupancy for last building; other buildings shall be removed within two years from date of permit.
Model homes and on-site real estate offices	On lot or parcel proposed for development	NA	Sales limited to units located on the lot or parcel proposed for development; sales offices within model homes shall meet applicable building code criteria. Restroom facilities shall be provided in or within 100 feet of model homes or on-site real estate offices.	On-site real estate offices in temporary buildings shall be removed upon completion of the model home(s) or suitable permanent floor area on-site. On-site real estate offices in model homes or common buildings (e.g., clubhouses) must be removed by the date of issuance of the last certificate of occupancy or 30 days following the sale of the last lot for development.
Temporary Storage Containers and Dumpsters
Temporary storage containers	On a parcel or lot served by the temporary storage container. No encroachment onto lawn areas or sidewalks is permitted. On nonresidential parcels, containers must be located behind the principal building(s).	NA	NA	Up to five days if located in a residential driveway or up to three months if an active remodeling project is occurring with a valid permit; up to one year if located behind the principal building and screened from view from public rights-of-way.
Temporary dumpsters	On single-family detached, duplex, single-family attached, or multiplex residential property, must be located on the lot using the dumpster (or a comparable location approved by the property owners' association in the case of a condominium), set back at least one ft. from the property line on a hard surface. On nonresidential, multifamily, or mixed-use property, dumpsters shall be located behind buildings (where possible) and shall not obstruct required parking areas.	NA	All refuse shall be contained within the dumpster, and shall be secured if necessary to prevent it from being removed from the dumpster by wind or wildlife.	If used for construction or renovation, may remain in place for 1 week after the permit is closed. If used for other purposes, up to 10 days.
TABLE NOTES: NA = Not Applicable

Table 2-3-3-4 Temporary Buildings and Temporary Construction Uses
Temporary Use	Location of Use	Hours of Use	Operational Limitations	Duration of Use
Class A Temporary Building / Construction Uses
Concrete, mortar and asphalt batching operations	Must be located at least 500 feet from residential zone boundaries or property lines of lots that are used for residential purposes (measured as the shortest linear distance from the edge of the operation and the boundary or property line). Must be set back at least 40 feet from the right-of-way line and 25 feet from all other property lines.	8:00 AM to 8:00 PM if any residential use is located within 1,000 feet; 6:00 AM to 10:00 PM in all other locations.	The facility shall be used only for a project within the City of Durango or the urbanizing area. Restroom facilities shall be provided on-site for workers.	Established by approval, but will coincide with the use of the facility for a specified construction project.
Temporary construction yard	Within 1/2 mile of the construction to which the construction yard relates. Must be set back at least 40 feet from the right-of-way line and 25 feet from all other property lines.	8:00 AM to 8:00 PM if any residential use is located within 1,000 feet; 6:00 AM to 10:00 PM in all other locations.	The facility shall be used only for a construction site in the City of Durango or the urbanizing area; or an infrastructure project that is wholly or partially located in the City of Durango or the urbanizing area.	Established by approval, but will coincide with the use of the facility for a specified construction project.
Class B Temporary Building / Construction Uses
Temporary manufactured buildings	On a lot or parcel proposed for development, set back as required for principal buildings, if possible. Alternative locations may be approved as part of a construction staging plan if there is no reasonable alternative location that complies with the required setbacks.	Not limited. However, the temporary manufactured building may not be used as a residence.	May be used by construction superintendent, construction workers, contractors, and other personnel on a construction team; a security office; or as temporary office or classroom space. Restroom facilities shall be provided on properties that use temporary buildings, unless they are only used for storage.	No limit for public schools; construction-related facilities shall be removed prior to certificate of occupancy for last building; other buildings shall be removed within two years from date of permit.
Model homes and on-site real estate offices	On lot or parcel proposed for development	NA	Sales limited to units located on the lot or parcel proposed for development; sales offices within model homes shall meet applicable building code criteria. Restroom facilities shall be provided in or within 100 feet of model homes or on-site real estate offices.	On-site real estate offices in temporary buildings shall be removed upon completion of the model home(s) or suitable permanent floor area on-site. On-site real estate offices in model homes or common buildings (e.g., clubhouses) must be removed by the date of issuance of the last certificate of occupancy or 30 days following the sale of the last lot for development.
Temporary Storage Containers and Dumpsters
Temporary storage containers	On a parcel or lot served by the temporary storage container. No encroachment onto lawn areas or sidewalks is permitted. On nonresidential parcels, containers must be located behind the principal building(s).	NA	NA	Up to five days if located in a residential driveway or up to three months if an active remodeling project is occurring with a valid permit; up to one year if located behind the principal building and screened from view from public rights-of-way.
Temporary dumpsters	On single-family detached, duplex, single-family attached, or multiplex residential property, must be located on the lot using the dumpster (or a comparable location approved by the property owners' association in the case of a condominium), set back at least one ft. from the property line on a hard surface. On nonresidential, multifamily, or mixed-use property, dumpsters shall be located behind buildings (where possible) and shall not obstruct required parking areas.	NA	All refuse shall be contained within the dumpster, and shall be secured if necessary to prevent it from being removed from the dumpster by wind or wildlife.	If used for construction or renovation, may remain in place for 1 week after the permit is closed. If used for other purposes, up to 10 days.
TABLE NOTES: NA = Not Applicable

Additional Standards Applicable to Concrete, Mortar, and Asphalt Batching Operations. The City Engineer shall review all applications for concrete, mortar, and asphalt batching operations for compliance with the following standards and shall make a recommendation to the Administrator.
1. Surety. The applicant shall provide a written agreement and advance surety in the amount of 125 percent of the estimated site restoration cost to ensure complete site restoration upon the facility's dismantling or revocation of the permit, plus the estimated road restoration / replacement costs along anticipated principal truck routes. This amount shall be approved by the City Engineer.
2. Access. If deemed necessary by the City Engineer, the property access shall be controlled by special traffic markings and / or signalization at the applicant's expense. Instances warranting such traffic improvements may include locations at busy intersections or other areas where interference with primary traffic from trucks would be extensive.
3. Power and Lighting. All electric and lighting facilities are subject to review and approval by the State Electrical Inspector.
4. A construction stormwater management plan is required.
5. A site restoration plan addressing site stabilization, final grading, and re-vegetation is required.
Extension of Approvals. Approvals pursuant to this Section may be extended upon demonstration of good cause, appropriate maintenance, extension of any required surety, and diligent pursuit of the purposes for which the uses were established. All applications for renewal of a temporary use permit issued pursuant to this Section shall be submitted to the Administrator at least 10 working days before the expiration of the permit.

Effective on: 7/1/2014

Sec. 2-4-1-1 Purpose of Article

The purpose of this Article is to set out the standards for calculating the development yield of parcels proposed for development.

Effective on: 7/1/2014

Sec. 2-4-1-2 Application of Article

Generally. This Article provides standards to calculate the development yield of parcels proposed for development. Individual sections of this Article contain applicability provisions which exempt certain development.

Residential Development. Division 2-4-2, Residential Development Yield, sets out the maximum density of residential development for each zone in which new residential and predominately residential mixed-use neighborhoods are allowed. The maximum density in each zone varies based on the amount of open space provided in the development. The Division also describes four types of residential neighborhoods, and sets out the minimum land area and open space that must be provided for each neighborhood type. Finally, the Division describes how additional density may be realized for the provision of affordable and attainable housing units or the construction of different housing types (See Section 2-4-2-4, Density Adjustments for Specific Housing Types).

Mixed-Use and Nonresidential Development. Division 2-4-3, Mixed-Use and Nonresidential Development Yield, provides a minimum landscape surface ratio for nonresidential and mixed-use development in each zone, and sets limits on the scale of nonresidential development in residential and mixed-use neighborhoods.

Limitations. Not all parcels proposed for development will be able to achieve the maximum development yield due to factors such as parcel geometry; physical conditions such as slopes, soils, and natural hazards; infrastructure limitations; or restrictions on proposed uses. Accordingly, the application of the other standards of this LUDC may, in some cases, limit the development potential of a parcel to less than what is provided by this Article.

Effective on: 7/1/2014

Sec. 2-4-2-1 Residential and Mixed-Use Neighborhood Types and Minimum Parcel Areas

Generally. New residential and predominately residential mixed-use neighborhoods are classified into four different neighborhood types. These neighborhood types are allowed as provided in Table 2-4-2-1, Minimum Area of Parcel Proposed for Development and OSR by Neighborhood Type and Zone. The maximum density for the various neighborhood types is established by application of Section 2-4-2-2, Residential Density, Open Space, and Recreation and Leisure Areas.
Neighborhood Types. For the purposes of this LUDC, there are four residential and mixed-use neighborhood types:
1. Typical. A typical residential neighborhood has one or two housing types, and almost all of the land is owned by individual homeowners (except in the case of multifamily apartments or condominiums). Common areas are usually related to bufferyards, recreation, and drainage areas. (See Figure 2-4-2-1A, Illustrative Typical Neighborhood.) The "typical" residential neighborhood is not limited to single-family detached dwellings. It also includes, by way of illustration and not limitation, attached single-family (e.g., townhomes), manufactured home parks, manufactured home subdivisions, and multifamily development.

Figure 2-4-2-1A Illustrative Typical Neighborhood

1. Cluster. A cluster neighborhood has one or two housing types, but they are clustered together in order to provide for additional common open spaces. Cluster development may be used to protect natural resources by clustering development away from them. (See Figure 2-4-2-1B, Illustrative Cluster Neighborhood.)

Figure 2-4-2-1B Illustrative Cluster Neighborhood

1. Mixed-Housing Neighborhood. A mixed-housing neighborhood has three or more housing types, and utilizes commonly owned areas as organizing features. (See Figure 2-4-2-1C, Illustrative Mixed-Housing Neighborhood.)

Figure 2-4-2-1C Illustrative Mixed-Housing Neighborhood

1. Traditional Neighborhood Development. A traditional neighborhood development has three or more housing types which are arranged to provide a convenient and comfortable walk to a mixed-use core area, called the "neighborhood center." The mixed-use or civic core is within 1/4 mile of all dwelling units. (See Figure 2-4-2-1D, Illustrative Traditional Neighborhood Development.)

Figure 2-4-2-1D Illustrative Traditional Neighborhood Development

Minimum Area of Parcel Proposed for Development. The minimum area of the parcel proposed for development, and the minimum required common open space for each neighborhood type is as set out in Table 2-4-2-1, Minimum Area of Parcel Proposed for Development and OSR by Neighborhood Type and Zone. The permitted density of the neighborhood is calculated according to the standards set out in Section 2-4-2-2, Residential Density, Open Space, and Recreation and Leisure Areas.

Table 2-4-2-1 Minimum Area of Parcel Proposed for Development and OSR by Neighborhood Type and Zone
Neighborhood Type	Minimum Area of Parcel Proposed for Development / Minimum OSR
	RA		RL		RM		RH		MU-N		MU-A		CB		BP
	Area	OSR	Area	OSR	Area	OSR	Area	OSR	Area	OSR	Area	OSR	Area	OSR	Area	OSR
TABLE NOTES: Throughout the table, NA means that the neighborhood type is not allowed in the zone.
Typical (General)	No Min.	20%	No Min.	10%	No Min.	10%	No Min.	10%	No Min.	10%	No Min.	10%	No Min.	0%	5 ac.	20%
Typical (Manufactured Home Park or Subdivision)	5 ac.	20%	5 ac.	20%	5 ac.	20%	3 ac.	20%	NA	NA	NA	NA	NA	NA	NA	NA
Cluster	20 ac.	40%	10 ac.	40%	7 ac.	30%	NA	NA	NA	NA	NA	NA	NA	NA	NA	NA
Mixed-Housing	NA	NA	20 ac.	30%	10 ac.	15%	5 ac.	10%	5 ac.	10%	5 ac.	10%	NA	NA	NA	NA
Traditional Neighborhood Development	NA	NA	NA	NA	15 ac.	15%	10 ac.	10%	15 ac.	10%	10 ac.	10%	NA	NA	NA	NA

Table 2-4-2-1 Minimum Area of Parcel Proposed for Development and OSR by Neighborhood Type and Zone
Neighborhood Type	Minimum Area of Parcel Proposed for Development / Minimum OSR
	RA		RL		RM		RH		MU-N		MU-A		CB		BP
	Area	OSR	Area	OSR	Area	OSR	Area	OSR	Area	OSR	Area	OSR	Area	OSR	Area	OSR
TABLE NOTES: Throughout the table, NA means that the neighborhood type is not allowed in the zone.
Typical (General)	No Min.	20%	No Min.	10%	No Min.	10%	No Min.	10%	No Min.	10%	No Min.	10%	No Min.	0%	5 ac.	20%
Typical (Manufactured Home Park or Subdivision)	5 ac.	20%	5 ac.	20%	5 ac.	20%	3 ac.	20%	NA	NA	NA	NA	NA	NA	NA	NA
Cluster	20 ac.	40%	10 ac.	40%	7 ac.	30%	NA	NA	NA	NA	NA	NA	NA	NA	NA	NA
Mixed-Housing	NA	NA	20 ac.	30%	10 ac.	15%	5 ac.	10%	5 ac.	10%	5 ac.	10%	NA	NA	NA	NA
Traditional Neighborhood Development	NA	NA	NA	NA	15 ac.	15%	10 ac.	10%	15 ac.	10%	10 ac.	10%	NA	NA	NA	NA

Table 2-4-2-1 Minimum Area of Parcel Proposed for Development and OSR by Neighborhood Type and Zone
Neighborhood Type	Minimum Area of Parcel Proposed for Development / Minimum OSR
	RA		RL		RM		RH		MU-N		MU-A		CB		BP
	Area	OSR	Area	OSR	Area	OSR	Area	OSR	Area	OSR	Area	OSR	Area	OSR	Area	OSR
TABLE NOTES: Throughout the table, NA means that the neighborhood type is not allowed in the zone.
Typical (General)	No Min.	20%	No Min.	10%	No Min.	10%	No Min.	10%	No Min.	10%	No Min.	10%	No Min.	0%	5 ac.	20%
Typical (Manufactured Home Park or Subdivision)	5 ac.	20%	5 ac.	20%	5 ac.	20%	3 ac.	20%	NA	NA	NA	NA	NA	NA	NA	NA
Cluster	20 ac.	40%	10 ac.	40%	7 ac.	30%	NA	NA	NA	NA	NA	NA	NA	NA	NA	NA
Mixed-Housing	NA	NA	20 ac.	30%	10 ac.	15%	5 ac.	10%	5 ac.	10%	5 ac.	10%	NA	NA	NA	NA
Traditional Neighborhood Development	NA	NA	NA	NA	15 ac.	15%	10 ac.	10%	15 ac.	10%	10 ac.	10%	NA	NA	NA	NA

Table 2-4-2-1 Minimum Area of Parcel Proposed for Development and OSR by Neighborhood Type and Zone
Neighborhood Type	Minimum Area of Parcel Proposed for Development / Minimum OSR
	RA		RL		RM		RH		MU-N		MU-A		CB		BP
	Area	OSR	Area	OSR	Area	OSR	Area	OSR	Area	OSR	Area	OSR	Area	OSR	Area	OSR
TABLE NOTES: Throughout the table, NA means that the neighborhood type is not allowed in the zone.
Typical (General)	No Min.	20%	No Min.	10%	No Min.	10%	No Min.	10%	No Min.	10%	No Min.	10%	No Min.	0%	5 ac.	20%
Typical (Manufactured Home Park or Subdivision)	5 ac.	20%	5 ac.	20%	5 ac.	20%	3 ac.	20%	NA	NA	NA	NA	NA	NA	NA	NA
Cluster	20 ac.	40%	10 ac.	40%	7 ac.	30%	NA	NA	NA	NA	NA	NA	NA	NA	NA	NA
Mixed-Housing	NA	NA	20 ac.	30%	10 ac.	15%	5 ac.	10%	5 ac.	10%	5 ac.	10%	NA	NA	NA	NA
Traditional Neighborhood Development	NA	NA	NA	NA	15 ac.	15%	10 ac.	10%	15 ac.	10%	10 ac.	10%	NA	NA	NA	NA

Effective on: 12/6/2017

Sec. 2-4-2-2 Residential Density, Open Space, and Recreation and Leisure Areas

A.
Generally.
1. 1.
  The number of dwelling units that may be constructed in a residential neighborhood or predominately residential mixed-use neighborhood is based on the zone in which it is proposed, and the amount of open space and recreation and leisure area that will be provided.
2. 2.
  Neighborhood types are defined by their minimum land area, minimum open space ratio (OSR) (see Section 2-4-2-1, Residential and Mixed-Use Neighborhood Types and Minimum Parcel Areas), and number of housing types. However, the allowable density of new neighborhoods is calculated according to the standards of this Section. (See Table 2-3-2-2A, Density and Open Space by Zone.)
3. 3.
  Once the number of dwelling units is determined, the specifications for individual lots or building types shall comply with the requirements of Division 3-2-2, Housing Palette, for the type(s) of housing that will be developed. Building types must be consistent with the type of neighborhood being developed (see Section 2-4-2-1, Residential and Mixed-Use Neighborhood Types and Minimum Parcel Areas, and any applicable special, limited, or conditional use standards for the housing types proposed).
B.
Applicability. The standards of this Section apply within the RA, RL, RM, RH, MU-N, MU-A, CB, and BP zones as follows:
1. 1.
  All subdivisions or resubdivisions of property that create at least three buildable residential lots, or developments with at least three dwelling units on a single parcel proposed for development, shall comply with the standards of this Section.
2. 2.
  Developments with three to nine dwelling units may qualify for alternative compliance with the open space requirements and the recreation, leisure, and landscape area requirements pursuant to Subsection D., below.
3. 3.
  Development that is exempt from this Section due to the number of lots created or the number of dwelling units proposed is subject to the requirements of Division 3-2-2, Housing Palette.
C.
Density and Common Open Space by Zone. The relationship between maximum density and open space ratio (OSR) by zone is set out in Table 2-4-2-2A, Density and Open Space by Zone. The application of the table is illustrated in Figure 2-4-2-2, Illustrative Application of Density Increments. Allowed housing types for each zone are set out in Section 2-1-3-3, Residential, Transient Residential, and Overnight Accommodations Use / Zone Matrix.

Table 2-4-2-2A Density and Open Space by Zone
Zone	Min. OSR	Base Density²	Positive Increment³	Peak Density²	OSR Range at Peak Density	Negative Increment⁴
TABLE NOTES: 1. Density calculation may be modified in this zone. See Section 2-4-2-4, Density Adjustments for Specific Housing Types. 2. Units per acre. 3. Increase in density (units per acre) per one percent additional increment of open space, from the minimum OSR to the beginning of the OSR range at peak density. 4. Decrease in density (units per acre) per one percent additional increment in open space, from the end of the OSR range at peak density to 100% open space. NA = Not Applicable
RA	0%	0.06	0.002	0.20	70% to 95%	0.040
RL	10%, 20%. 30% or 40%	1.58	0.057	5.00	70% to 80%	0.250
RM	10%, 20%, 30% or 40%	5.00	0.350	12.00	30% to 50%	0.240
RH	10%	12.00	1.200	24.00	20% to 35%	0.369
MU-N¹	10%	6.00	.600	12.00	20% to 35%	0.369
MU-A¹	10%	10.00	0.933	24.00	25% to 35%	0.369
CB	0%	42.00	NA	42.00	NA	NA
BP	20%	10.00	0.933	24.00	35% to 50%	0.480

Table 2-4-2-2A Density and Open Space by Zone
Zone	Min. OSR	Base Density²	Positive Increment³	Peak Density²	OSR Range at Peak Density	Negative Increment⁴
TABLE NOTES: 1. Density calculation may be modified in this zone. See Section 2-4-2-4, Density Adjustments for Specific Housing Types. 2. Units per acre. 3. Increase in density (units per acre) per one percent additional increment of open space, from the minimum OSR to the beginning of the OSR range at peak density. 4. Decrease in density (units per acre) per one percent additional increment in open space, from the end of the OSR range at peak density to 100% open space. NA = Not Applicable
RA	0%	0.06	0.002	0.20	70% to 95%	0.040
RL	10%, 20%. 30% or 40%	1.58	0.057	5.00	70% to 80%	0.250
RM	10%, 20%, 30% or 40%	5.00	0.350	12.00	30% to 50%	0.240
RH	10%	12.00	1.200	24.00	20% to 35%	0.369
MU-N¹	10%	6.00	.600	12.00	20% to 35%	0.369
MU-A¹	10%	10.00	0.933	24.00	25% to 35%	0.369
CB	0%	42.00	NA	42.00	NA	NA
BP	20%	10.00	0.933	24.00	35% to 50%	0.480

Table 2-4-2-2A Density and Open Space by Zone
Zone	Min. OSR	Base Density²	Positive Increment³	Peak Density²	OSR Range at Peak Density	Negative Increment⁴
TABLE NOTES: 1. Density calculation may be modified in this zone. See Section 2-4-2-4, Density Adjustments for Specific Housing Types. 2. Units per acre. 3. Increase in density (units per acre) per one percent additional increment of open space, from the minimum OSR to the beginning of the OSR range at peak density. 4. Decrease in density (units per acre) per one percent additional increment in open space, from the end of the OSR range at peak density to 100% open space. NA = Not Applicable
RA	0%	0.06	0.002	0.20	70% to 95%	0.040
RL	10%, 20%. 30% or 40%	1.58	0.057	5.00	70% to 80%	0.250
RM	10%, 20%, 30% or 40%	5.00	0.350	12.00	30% to 50%	0.240
RH	10%	12.00	1.200	24.00	20% to 35%	0.369
MU-N¹	10%	6.00	.600	12.00	20% to 35%	0.369
MU-A¹	10%	10.00	0.933	24.00	25% to 35%	0.369
CB	0%	42.00	NA	42.00	NA	NA
BP	20%	10.00	0.933	24.00	35% to 50%	0.480

Table 2-4-2-2A Density and Open Space by Zone
Zone	Min. OSR	Base Density²	Positive Increment³	Peak Density²	OSR Range at Peak Density	Negative Increment⁴
TABLE NOTES: 1. Density calculation may be modified in this zone. See Section 2-4-2-4, Density Adjustments for Specific Housing Types. 2. Units per acre. 3. Increase in density (units per acre) per one percent additional increment of open space, from the minimum OSR to the beginning of the OSR range at peak density. 4. Decrease in density (units per acre) per one percent additional increment in open space, from the end of the OSR range at peak density to 100% open space. NA = Not Applicable
RA	0%	0.06	0.002	0.20	70% to 95%	0.040
RL	10%, 20%. 30% or 40%	1.58	0.057	5.00	70% to 80%	0.250
RM	10%, 20%, 30% or 40%	5.00	0.350	12.00	30% to 50%	0.240
RH	10%	12.00	1.200	24.00	20% to 35%	0.369
MU-N¹	10%	6.00	.600	12.00	20% to 35%	0.369
MU-A¹	10%	10.00	0.933	24.00	25% to 35%	0.369
CB	0%	42.00	NA	42.00	NA	NA
BP	20%	10.00	0.933	24.00	35% to 50%	0.480

Figure 2-4-2-2 Illustrative Application of Density Increments

D.
Alternative Compliance with Common Open Space Requirements. The minimum open space ratio (OSR) requirements may be met by preserving an equivalent amount of common open space on private property, if all of the following conditions exist:
1. 1.
  The proposed development has fewer than 10 dwelling units;
2. 2.
  The plat includes building envelopes and, as appropriate, designated landscape areas, which ensure that:
  1. a.
    Applicable yard requirements of the housing palette are met (See Division 3-2-2, Housing Palette; and, in addition;
  2. b.
    Development is not allowed in areas that are used to meet the open space requirement.
3. 3.
  The drainage plan shows how drainage will be conveyed within the right-of-way to an off-site stormwater treatment facility;
4. 4.
  The allocation of open space to individual lot or property owners does not materially affect wildlife of interest (e.g., if covenants regarding fencing and retaining walls are necessary to protect wildlife of interest, then such covenants shall be provided);
5. 5.
  Bufferyards, if required (See Division 4-6-3, Buffering Requirements), are identified on the plat as landscape easements that must be maintained by the lot owner(s) who are subject to the easement; and
6. 6.
  Covenants, conditions, and restrictions:
  1. a.
    Require the ongoing maintenance of landscape easements (where such easements exist) by the lot owner(s); and
  2. b.
    The documents shall provide that this maintenance requirement is enforceable by the City and shall not be amended without the consent of the City Council.
E.
On-Site Recreation and Leisure Areas. Residential development shall provide commonly-owned landscaped outdoor areas that are designed for recreation and leisure activities as set out in Table 2-4-2-2B, On-Site Recreation and Leisure Areas.
1. 1.
  Fee In-Lieu. The City may, at its option, require a fee in-lieu of land dedication under the following circumstances (see Section 5-2-2-4, Fees-in-Lieu of Park Dedication):
  1. a.
    If the residential development does not meet a one acre threshold for providing neighborhood or community parkland;
  2. b.
    Where the proposed parkland does not meet the standards set out in Subsection 3, below;
  3. c.
    When a replat is submitted with increased density; or
  4. d.
    When the City determines that sufficient neighborhood or community park area is already in the public domain in the vicinity (generally within one-half mile or up to one mile if accessible by a trail) of the proposed development, or the potential for that area would be better served by expanding or improving an existing neighborhood or community park or constructing a larger community park suitable for several neighborhoods.
2. 2.
  Park Development.
  1. a.
    There are three types of on-site recreation and leisure areas displayed in Table 2-4-2-2B, On-Site Recreation and Leisure Areas. Generally, if a development includes at least the number of dwelling units set out in the "threshold" column for a particular type of recreation and leisure area, then the area is required. If the threshold is not met, either the "minimum contiguous area" must be provided or fee in-lieu is required.
  2. b.
    The area that must be provided for on-site recreation and leisure must be the greater of:
    i.
    The area listed in Table 2-4-2-2B, On-Site Recreation and Leisure Areas as "minimum contiguous area"; or
    ii.
    The area calculated by multiplying the number of dwelling units (d.u.) in the development by the "Min. Area Per D.U."
  3. c.
    If the total area required for an on-site neighborhood or community park exceeds the maximum contiguous area, then multiple separate areas shall be provided which, taken together, must meet the standards of Table 2-4-2-2B, On-Site Recreation and Leisure Areas. Alternatively, at the discretion of the Administrator in consultation with the Director of Parks and Recreation, if feasible, all required acreage and amenities may be combined to develop one or more on-site neighborhood or community parks.
  4. d.
    On-site recreation and leisure areas may be counted as part of the required open space ratio (OSR) on the parcel proposed for development, as set out in Division 2-4-2, Residential Development Yield.
  5. e.
    On-site recreation and leisure areas shall be developed in accordance with this LUDC when the development meets the threshold for them, but does not meet the threshold for on-site "neighborhood parks" or "community parks."
  6. f.
    Where required, on-site "neighborhood parks" shall be developed in accordance with the standards for neighborhood parks in the most current adopted POST&R Plan, together with the standards of Subsection 3, below.
  7. g.
    Where required, on-site "community parks" shall be developed in accordance with the standards for community parks in the most current adopted POST&R Plan, together with the standards of Subsection 3, below.
  8. h.
    If the actual number of completed dwelling units exceed the figure upon which the original dedication or fee in-lieu was calculated, such additional dedication or fee in-lieu shall be required, and shall be made by payment of fee in-lieu of land dedication, or by conveyance of an equivalent land area provided such area is at least one acre. All new lots within a replat or addition to an existing subdivision shall comply with the recreation area dedication or fee in-lieu requirements set out in this Subsection.
3. 3.
  Park Development Standards. Recreation and leisure areas that are developed and conveyed to the City shall meet the standards of the most current adopted POST&R Plan, together with the following standards, unless the Administrator in consultation with the Director of Parks and Recreation, approves an alternative design:
  1. a.
    The recreation and leisure area shall have frontage on a public street that is equal to or greater in length than the square root of the total square footage of area to be conveyed;
  2. b.
    Recreation and leisure area that is adjacent to a designated trail shall be designed and located to allow for an extension of the trail or a connection of the trail to a public or private park;
  3. c.
    A minimum of 50 percent of the dedicated recreation and leisure area shall be outside of the 100-year floodplain and shall have topography that is suitable for active park purposes;
  4. d.
    Recreation and leisure areas shall not be encumbered with existing or proposed public utility easements or drainage channels that would unduly restrict the development of the site for active park or recreational purposes;
  5. e.
    A proposed subdivision adjacent to a recreation area shall not be designed to restrict reasonable access to or visibility into the park, e.g., no lots shall have their rear yard abutting a public park unless public access is provided each 400 feet, or portion thereof;
  6. f.
    Street connections between residential neighborhoods shall be provided, wherever practicable, to provide reasonable access to recreation areas for all residents within the one-half mile (neighborhood) or one mile (community) service area of such parks;
  7. g.
    In any instance where acreage is dedicated to the City or a property owners’ association as a recreation and leisure area under this Subsection, unless public street access is determined sufficient by the Administrator in consultation with the Director of Parks and Recreation,, the dedicating party shall also dedicate a cleared access of at least 24 feet in width from a publicly dedicated street to the recreation area;
  8. h.
    On a case-by-case basis, areas within a school site may be utilized to meet up to 50 percent of the recreation and leisure area requirements upon acceptance of the Durango School District 9-R Board of Education, recommendations of the Parks and Recreation Advisory Board and Community Development Commission, and approval of the City Council;
  9. i.
    The location of a recreation and leisure area may be required at the edge of a subdivision so that additional land may be added at such time as adjacent land is subdivided or acquired for public use;
  10. j.
    Any residential street built adjacent to a recreation and leisure area shall be constructed to accommodate pedestrians and bicycles to ensure safe access and to prevent traffic congestion;
  11. k.
    Recreational areas and playground equipment shall be in accordance with the U.S. Consumer Products Safety Commission Publication 325, as amended from time to time;
  12. l.
    Sites should have and shall retain existing trees and other scenic elements; and
  13. m.
    Where a nonresidential use abuts a recreation area, the use must be separated by a 40 percent opacity bufferyard. (See Section 4-6-3-2, Standard Bufferyards.)
4. 4.
  Documentation.
  1. a.
    Conceptual Development Plan. Recreation and leisure areas to be conveyed or privately-owned shall be designated on the conceptual development plan with its general location and acreage denoted.
  2. b.
    Preliminary and Final Plats. Recreation areas to be conveyed shall be designated as a "reserve" on both the preliminary and final plats and designated as "Recreation Area Dedicated to the City of Durango", with the perimeter dimensions and acreage denoted. A note referencing the dedication shall be placed on the final plat. Parkland to be privately-owned shall be designated as a "private park reserve" and so noted on both the preliminary and final plats.
  3. c.
    Deed Required. Prior to recording the final plat, the subdivider shall deliver to the City a deed, in a form approved by the City Attorney, conveying the recreation area shown on the final plat. The recreation area deeded to the City shall not be subject to reservations of record, encumbrances, or easements that will interfere with the use of the land for recreation purposes. The deed delivered to the City shall be recorded in conjunction with and at the same time as the recordation of the final plat.
5. 5.
  Exemptions. This Subsection shall not apply and have no effect on the following:
  1. a.
    Alterations or expansions of an existing residential unit or building of multiple units where no additional residential units are created and where the use is not changed;
  2. b.
    The construction of accessory buildings or structures (but including accessory dwelling units); and
  3. c.
    The replacement of a destroyed or partially destroyed residential unit or building or multiple units with a new building of the same number of units and use.
6. 6.
  Private Park Development. See Section 5-2-2-3, Credit for Private Park Facilities.

Table 2-4-2-2B On-Site Recreation and Leisure Areas
Zone	On-Site Recreation and Leisure Areas			On-Site "Neighborhood Parks"			On-Site "Community Parks"
Zone	Threshold	Min. Contiguous Area	Min. Area Per D.U.	Threshold	Contiguous Area	Min. Area Per D.U.	Threshold	Contiguous Area	Min. Area Per D.U.
RA	NA	NA	NA	152 d.u.s	1 acre to 10 acres	287 sf.	91 d.u.s	10+ acres	478 sf.
RL	NA	NA	NA
RM	20 d.u.s	5,000 sf.	48 sf.
RH	20 d.u.s	3,000 sf.	48 sf.
MU-N	20 d.u.s	3,000 sf.	48 sf.
MU-A	20 d.u.s	3,000 sf.	48 sf.
BP	20 d.u.s	5,000 sf.	48 sf.
TABLE NOTES: NA = Not Applicable

Table 2-4-2-2B On-Site Recreation and Leisure Areas
Zone	On-Site Recreation and Leisure Areas			On-Site "Neighborhood Parks"			On-Site "Community Parks"
Zone	Threshold	Min. Contiguous Area	Min. Area Per D.U.	Threshold	Contiguous Area	Min. Area Per D.U.	Threshold	Contiguous Area	Min. Area Per D.U.
RA	NA	NA	NA	152 d.u.s	1 acre to 10 acres	287 sf.	91 d.u.s	10+ acres	478 sf.
RL	NA	NA	NA
RM	20 d.u.s	5,000 sf.	48 sf.
RH	20 d.u.s	3,000 sf.	48 sf.
MU-N	20 d.u.s	3,000 sf.	48 sf.
MU-A	20 d.u.s	3,000 sf.	48 sf.
BP	20 d.u.s	5,000 sf.	48 sf.
TABLE NOTES: NA = Not Applicable

Table 2-4-2-2B On-Site Recreation and Leisure Areas
Zone	On-Site Recreation and Leisure Areas			On-Site "Neighborhood Parks"			On-Site "Community Parks"
Zone	Threshold	Min. Contiguous Area	Min. Area Per D.U.	Threshold	Contiguous Area	Min. Area Per D.U.	Threshold	Contiguous Area	Min. Area Per D.U.
RA	NA	NA	NA	152 d.u.s	1 acre to 10 acres	287 sf.	91 d.u.s	10+ acres	478 sf.
RL	NA	NA	NA
RM	20 d.u.s	5,000 sf.	48 sf.
RH	20 d.u.s	3,000 sf.	48 sf.
MU-N	20 d.u.s	3,000 sf.	48 sf.
MU-A	20 d.u.s	3,000 sf.	48 sf.
BP	20 d.u.s	5,000 sf.	48 sf.
TABLE NOTES: NA = Not Applicable

Table 2-4-2-2B On-Site Recreation and Leisure Areas
Zone	On-Site Recreation and Leisure Areas			On-Site "Neighborhood Parks"			On-Site "Community Parks"
Zone	Threshold	Min. Contiguous Area	Min. Area Per D.U.	Threshold	Contiguous Area	Min. Area Per D.U.	Threshold	Contiguous Area	Min. Area Per D.U.
RA	NA	NA	NA	152 d.u.s	1 acre to 10 acres	287 sf.	91 d.u.s	10+ acres	478 sf.
RL	NA	NA	NA
RM	20 d.u.s	5,000 sf.	48 sf.
RH	20 d.u.s	3,000 sf.	48 sf.
MU-N	20 d.u.s	3,000 sf.	48 sf.
MU-A	20 d.u.s	3,000 sf.	48 sf.
BP	20 d.u.s	5,000 sf.	48 sf.
TABLE NOTES: NA = Not Applicable

Effective on: 2/1/2024

Sec. 2-4-2-3 Affordable and Attainable Housing Bonuses

Generally. The bonuses in this Section are available to promote the development of affordable and attainable housing units.
Density and Open Space Adjustments for Affordable Housing. Set out in Table 2-4-2-3, Density and Open Space for Affordable Housing by Zone, is the minimum required open space and allowable densities for development in the RM, RH, or BP zones, if at least 16 percent of the dwelling units are subject to a fair share affordable housing agreement. (See Article 5-4, Fair Share Housing.)

Table 2-4-2-3 Density and Open Space for Affordable Housing by Zone
Zone	Min. OSR	Base Density²	Positive Increment³	Peak Density²	OSR Range at Peak Density	Negative Increment⁴
TABLE NOTES: Density calculation may be modified in this zone. See Section 2-4-2-4, Density Adjustments for Specific Housing Types. Units per acre. Increase in density (units per acre) per one percent additional increment of open space, from the minimum OSR to the beginning of the OSR range at peak density. Decrease in density (units per acre) per one percent additional increment in open space, from the end of the OSR range at peak density to 100% open space.
RM	10%	8.00	0.60	14.00	30% to 45%	0.37
RH	10%	10.00	1.00	25.00	25% to 40%	0.42
BP	10%	10.00	1.00	25.00	25% to 40%	0.42

Table 2-4-2-3 Density and Open Space for Affordable Housing by Zone
Zone	Min. OSR	Base Density²	Positive Increment³	Peak Density²	OSR Range at Peak Density	Negative Increment⁴
TABLE NOTES: Density calculation may be modified in this zone. See Section 2-4-2-4, Density Adjustments for Specific Housing Types. Units per acre. Increase in density (units per acre) per one percent additional increment of open space, from the minimum OSR to the beginning of the OSR range at peak density. Decrease in density (units per acre) per one percent additional increment in open space, from the end of the OSR range at peak density to 100% open space.
RM	10%	8.00	0.60	14.00	30% to 45%	0.37
RH	10%	10.00	1.00	25.00	25% to 40%	0.42
BP	10%	10.00	1.00	25.00	25% to 40%	0.42

Table 2-4-2-3 Density and Open Space for Affordable Housing by Zone
Zone	Min. OSR	Base Density²	Positive Increment³	Peak Density²	OSR Range at Peak Density	Negative Increment⁴
TABLE NOTES: Density calculation may be modified in this zone. See Section 2-4-2-4, Density Adjustments for Specific Housing Types. Units per acre. Increase in density (units per acre) per one percent additional increment of open space, from the minimum OSR to the beginning of the OSR range at peak density. Decrease in density (units per acre) per one percent additional increment in open space, from the end of the OSR range at peak density to 100% open space.
RM	10%	8.00	0.60	14.00	30% to 45%	0.37
RH	10%	10.00	1.00	25.00	25% to 40%	0.42
BP	10%	10.00	1.00	25.00	25% to 40%	0.42

Table 2-4-2-3 Density and Open Space for Affordable Housing by Zone
Zone	Min. OSR	Base Density²	Positive Increment³	Peak Density²	OSR Range at Peak Density	Negative Increment⁴
TABLE NOTES: Density calculation may be modified in this zone. See Section 2-4-2-4, Density Adjustments for Specific Housing Types. Units per acre. Increase in density (units per acre) per one percent additional increment of open space, from the minimum OSR to the beginning of the OSR range at peak density. Decrease in density (units per acre) per one percent additional increment in open space, from the end of the OSR range at peak density to 100% open space.
RM	10%	8.00	0.60	14.00	30% to 45%	0.37
RH	10%	10.00	1.00	25.00	25% to 40%	0.42
BP	10%	10.00	1.00	25.00	25% to 40%	0.42

Effective on: 7/1/2014

Sec. 2-4-2-4 Density Adjustments for Specific Housing Types

A.
Generally. The standards of this Section are used to adjust the calculation of density with respect to certain housing types.
B.
Adjustments to Calculation of Residential Development Yield. Table 2-4-2-4, Density Calculation Adjustments, provides standards for adjusting development density for cottages, and live-work and work-live units, permanent supportive housing, age restricted housing and senior congregate care housing.

Table 2-4-2-4 Density Calculation Adjustments
Type of Development	Adjustment	District in Which Adjustment is Allowed
Cottages	1 cottage = 0.9 dwelling units	Any district in which cottages are allowed (See Table 2-1-3-3, Residential, Transient Residential, and Overnight Accommodations).
Live-work units	1 live-work unit = 0.75 dwelling units	MU-A or PD
Work-live units	1 work-live unit = 0.50 dwelling units	MU-A, BP, or PD
Permanent Supportive Housing	1 permanent supportive housing unit = 0.50 dwelling units	PB, but only on the City Social Services Campus.
Age Restricted Housing	1 age restricted housing studio or 1 bedroom unit = 0.75 dwelling units	Any district in which age restricted units are allowed (See Table 2-1-3-3, Residential, Transient Residential, and Overnight Accommodations).
Senior Congregate Care Housing	1 senior congregate care housing unit = 0.50 dwelling units	Any district in which senior congregate care housing units are allowed (See Table 2-1-3-3, Residential, Transient Residential, and Overnight Accommodations).

Effective on: 4/30/2019

Sec. 2-4-3-1 Landscape Surface Ratio (LSR) by Zone

Generally. The standards of this Section apply to established neighborhoods, nonresidential development, and mixed-use development, except:
1. Traditional neighborhood developments; and
2. The adaptive re-use of a residential building for nonresidential purposes (in zones in which such re-use is allowed, or required for the use proposed), where the adaptive re-use does not involve expanding the footprint of the building or changing its residential appearance.
Required Landscape Surface Ratio (LSR). Required landscape surface ratios ("LSRs") for each zone are set out in Table 2-4-3-1, LSR by Zone. The LSR is the minimum portion of the parcel proposed for development that must be allocated to landscaping. However, if the application of Division 2-2-3, Specific Standards for Special, Limited, and Conditional Uses; Article 4-4, Natural and Archaeological Resources; and/or Article 4-6, Landscaping and Buffering, alone or in combination, result in a requirement that is greater than the area that is required by this Section, then the greater requirement applies instead of this Section.

Table 2-4-3-1 LSR by Zone
Zone	LSR
Established Neighborhood Zones
EN-1 and EN-2	15%
EN-3	45%
EN-4, EN-5 and EN-6	35%
EN-MF	15%
Residential Zones
RL	60%
RM	30%
RH	15%
Mixed-Use Zones
CB	0%
MU-N	10%
MU-A	10%
Nonresidential Zones
CG	15%
CR	15%
BP	20%
LI	15%
Agriculture and Open Space Zones
RA	80%
OS	98%

Table 2-4-3-1 LSR by Zone
Zone	LSR
Established Neighborhood Zones
EN-1 and EN-2	15%
EN-3	45%
EN-4, EN-5 and EN-6	35%
EN-MF	15%
Residential Zones
RL	60%
RM	30%
RH	15%
Mixed-Use Zones
CB	0%
MU-N	10%
MU-A	10%
Nonresidential Zones
CG	15%
CR	15%
BP	20%
LI	15%
Agriculture and Open Space Zones
RA	80%
OS	98%

Table 2-4-3-1 LSR by Zone
Zone	LSR
Established Neighborhood Zones
EN-1 and EN-2	15%
EN-3	45%
EN-4, EN-5 and EN-6	35%
EN-MF	15%
Residential Zones
RL	60%
RM	30%
RH	15%
Mixed-Use Zones
CB	0%
MU-N	10%
MU-A	10%
Nonresidential Zones
CG	15%
CR	15%
BP	20%
LI	15%
Agriculture and Open Space Zones
RA	80%
OS	98%

Table 2-4-3-1 LSR by Zone
Zone	LSR
Established Neighborhood Zones
EN-1 and EN-2	15%
EN-3	45%
EN-4, EN-5 and EN-6	35%
EN-MF	15%
Residential Zones
RL	60%
RM	30%
RH	15%
Mixed-Use Zones
CB	0%
MU-N	10%
MU-A	10%
Nonresidential Zones
CG	15%
CR	15%
BP	20%
LI	15%
Agriculture and Open Space Zones
RA	80%
OS	98%

Effective on: 7/1/2014

Sec. 2-4-3-2 Nonresidential Scale in Residential Zones

Generally. The purpose of the nonresidential scale standards is to ensure that nonresidential buildings that are constructed within residential zones are scaled such that they do not disrupt the development pattern of residential neighborhoods.
Applicability. These standards apply only in the MU-N, RL, RM, RH, and EN (all sub-districts) zoning districts. Where scale standards are provided in Division 2-2-3, Specific Standards for Special, Limited, and Conditional Uses, such standards supersede the standards of this Section.
Building Scale. The gross floor area of nonresidential buildings shall be limited based on the type of street from which primary access is taken, as provided in Table 2-4-3-2, Nonresidential Building Scale. These standards do not apply to public schools.

Table 2-4-3-2 Nonresidential Building Scale
Classification of Street from which Access is Taken	Maximum Nonresidential Gross Floor Area
Major Arterial	No Maximum
Minor Arterial, Except Third Avenue between West College Drive and 15th Street	15,000 sf.
Collector and Third Avenue between West College Drive and 15th Street	10,000 sf.
Local or Cul-de-sac	5,000 sf.

Table 2-4-3-2 Nonresidential Building Scale
Classification of Street from which Access is Taken	Maximum Nonresidential Gross Floor Area
Major Arterial	No Maximum
Minor Arterial, Except Third Avenue between West College Drive and 15th Street	15,000 sf.
Collector and Third Avenue between West College Drive and 15th Street	10,000 sf.
Local or Cul-de-sac	5,000 sf.

Table 2-4-3-2 Nonresidential Building Scale
Classification of Street from which Access is Taken	Maximum Nonresidential Gross Floor Area
Major Arterial	No Maximum
Minor Arterial, Except Third Avenue between West College Drive and 15th Street	15,000 sf.
Collector and Third Avenue between West College Drive and 15th Street	10,000 sf.
Local or Cul-de-sac	5,000 sf.

Table 2-4-3-2 Nonresidential Building Scale
Classification of Street from which Access is Taken	Maximum Nonresidential Gross Floor Area
Major Arterial	No Maximum
Minor Arterial, Except Third Avenue between West College Drive and 15th Street	15,000 sf.
Collector and Third Avenue between West College Drive and 15th Street	10,000 sf.
Local or Cul-de-sac	5,000 sf.

Alternative Compliance for Side-Street Access. The maximum nonresidential gross floor area for a parcel proposed for development that is bounded by streets of different classification may be based on a higher-order bounding street from which the parcel does not take access, provided that:
1. The street that provides access intersects with the higher-order bounding street; and
2. No residential front yards are located across the street in the area between the access to the nonresidential parcel and the higher-order bounding street. See Figure 2-4-3-2, Illustrative Alternative Compliance for Side Street Access.

If the above criteria are met, the gross floor area of the nonresidential use shown in Figure 2-4-3-2, Illustrative Alternative Compliance for Side Street Access, is unlimited since it fronts on a major arterial street.

Figure 2-4-3-2
Illustrative Alternative Compliance for Side Street Access

Effective on: 7/1/2014

Durango City Zoning Code

CHAPTER 2

ZONES, USES, AND DEVELOPMENT YIELD

Sec. 2-1-1-1 Purpose of Article

Zones. Zones are established by Division 2-1-2, Establishment of Zones.

The zones that are established by this Article are divided into six general categories, which are intended to:
1. Guide new development according to the City's Comprehensive Plan;
2. Respect and reinforce the fabric of the City's stable, established neighborhoods;
3. Promote development of a character and quality that is compatible with its context;
4. Provide opportunities for commercial and mixed-use development to serve City and regional residents;
5. Provide opportunities for development of employment centers;
6. Protect agricultural areas and natural landscapes;
7. Provide for development patterns that reduce carbon emissions by reducing vehicle miles traveled and promoting multimodal transportation choice; and
8. Continue existing, active planned development approvals.
The six general categories are:
1. Residential (Established Residential Neighborhoods);
2. Residential (Other);
3. Mixed-Use;
4. Nonresidential;
5. Agriculture and Open Space; and
6. Public and Planned.

Effective on: 7/1/2014

Sec. 2-1-1-2 Application of Article

Establishment of Zones. Division 2-1-2, Establishment of Zones, establishes the basic framework for how most of the other Articles of this LUDC are applied. The Division:

Establishes the zones in which various uses of land and intensities of development are allowed.
Establishes overlay zones in which special design requirements, historic preservation requirements, or other rules apply.
Establishes the Official Zoning Map of the City of Durango and provides rules for its interpretation.
Provides for how land will be zoned upon annexation.
Provides standards for rezoning property from one zone to another.

Effective on: 7/1/2014

Sec. 2-1-2-1 Zones Established

The City is divided into the zones that are set out in Table 2-1-2-1, Durango Zones.

Table 2-1-2-1 Durango Zones
Zone Classification / Name	Abbreviation	Character	Purpose
Residential (Established Residential Neighborhoods)
Established Neighborhood - Old Durango		urban	Protect the character and functional integrity of the Old Durango Neighborhood.
Established Neighborhood - 2^nd and 3^rd Avenues		urban	Protect the character and functional integrity of the Second and Third Avenue Neighborhoods.
Established Neighborhood - East Animas City		suburban	Protect the character and functional integrity of the East Animas City Neighborhood.
Established Neighborhood - Crestview and Needham		auto-urban	Protect the character and functional integrity of the Crestview and Needham Neighborhoods.
Established Neighborhood - Riverview		auto-urban	Protect the character and functional integrity of the Riverview Neighborhood.
Established Neighborhood - Other Single-Family Neighborhoods		suburban	Protect the character and function of Hillcrest and other single-family neighborhoods which were established before the effective date.
Established Neighborhood - Multifamily		varies	Protect and encourage investments in existing multifamily properties, including those bounded by other EN districts.
Residential (Other)
Residential - Low		suburban	Provide for development of housing in a park-like setting, where buildings, landscaping, and paved areas are roughly equal elements of the visual landscape. This district is the least dense residential district for new development.
Residential - Medium		auto-urban or urban	Provide for general residential development of a variety of housing types. Development in the RM district is more intense than that in the RL district.
Residential - High		urban	Provide for urban residential development of a variety of housing types. This district is the most intense residential district. Buildings and formal landscaping along the street are dominant visual elements.
Mixed-Use
Central Business District		urban core	Provide a robust mixed-use center that is a source of community identity and pride.
Mixed-Use - Neighborhood		urban	Provide for mixed-use areas or non-arterial corridors with small-scale residential and mixed-use development, and adaptive re-use of existing residential buildings for mixed-use or commercial purposes.
Mixed-Use - Arterial Corridor		auto-urban	Provide for community and neighborhood-scale mixed-use and commercial development along arterial corridors.
Nonresidential
Commercial - General		auto-urban	Provide for community and neighborhood-scale retail, restaurant, and service uses, and for general and medical offices.
Commercial - Regional		auto-urban	Provide for regional scale retail uses.
Business Park / Campus		suburban or auto-urban	Provide for campus-like environments for colleges, universities, business parks, hospitals, etc.
Light Industry		auto-urban	Provide for light industrial, warehousing, flex-park, rail, and storage uses.
Agriculture and Open Space
Rural / Agriculture		rural	Provide for the establishment or continuation of agricultural uses and services that support agricultural uses, and for very low-density development in ecologically sensitive or geologically hazardous areas. May be used as a holding zone for property that is annexed without a zoning designation.
Open Space		natural or rural	Provide for the preservation of natural areas under conservation easements and public open space.
Public and Planned
Public		varies	Provide for public uses.
Planned Development		varies	Provide for the continuation of existing planned development approvals and the approval of new planned developments when it is demonstrated that the development is exceptional and could not otherwise be approved under a different zoning classification.

Table 2-1-2-1 Durango Zones
Zone Classification / Name	Abbreviation	Character	Purpose
Residential (Established Residential Neighborhoods)
Established Neighborhood - Old Durango		urban	Protect the character and functional integrity of the Old Durango Neighborhood.
Established Neighborhood - 2^nd and 3^rd Avenues		urban	Protect the character and functional integrity of the Second and Third Avenue Neighborhoods.
Established Neighborhood - East Animas City		suburban	Protect the character and functional integrity of the East Animas City Neighborhood.
Established Neighborhood - Crestview and Needham		auto-urban	Protect the character and functional integrity of the Crestview and Needham Neighborhoods.
Established Neighborhood - Riverview		auto-urban	Protect the character and functional integrity of the Riverview Neighborhood.
Established Neighborhood - Other Single-Family Neighborhoods		suburban	Protect the character and function of Hillcrest and other single-family neighborhoods which were established before the effective date.
Established Neighborhood - Multifamily		varies	Protect and encourage investments in existing multifamily properties, including those bounded by other EN districts.
Residential (Other)
Residential - Low		suburban	Provide for development of housing in a park-like setting, where buildings, landscaping, and paved areas are roughly equal elements of the visual landscape. This district is the least dense residential district for new development.
Residential - Medium		auto-urban or urban	Provide for general residential development of a variety of housing types. Development in the RM district is more intense than that in the RL district.
Residential - High		urban	Provide for urban residential development of a variety of housing types. This district is the most intense residential district. Buildings and formal landscaping along the street are dominant visual elements.
Mixed-Use
Central Business District		urban core	Provide a robust mixed-use center that is a source of community identity and pride.
Mixed-Use - Neighborhood		urban	Provide for mixed-use areas or non-arterial corridors with small-scale residential and mixed-use development, and adaptive re-use of existing residential buildings for mixed-use or commercial purposes.
Mixed-Use - Arterial Corridor		auto-urban	Provide for community and neighborhood-scale mixed-use and commercial development along arterial corridors.
Nonresidential
Commercial - General		auto-urban	Provide for community and neighborhood-scale retail, restaurant, and service uses, and for general and medical offices.
Commercial - Regional		auto-urban	Provide for regional scale retail uses.
Business Park / Campus		suburban or auto-urban	Provide for campus-like environments for colleges, universities, business parks, hospitals, etc.
Light Industry		auto-urban	Provide for light industrial, warehousing, flex-park, rail, and storage uses.
Agriculture and Open Space
Rural / Agriculture		rural	Provide for the establishment or continuation of agricultural uses and services that support agricultural uses, and for very low-density development in ecologically sensitive or geologically hazardous areas. May be used as a holding zone for property that is annexed without a zoning designation.
Open Space		natural or rural	Provide for the preservation of natural areas under conservation easements and public open space.
Public and Planned
Public		varies	Provide for public uses.
Planned Development		varies	Provide for the continuation of existing planned development approvals and the approval of new planned developments when it is demonstrated that the development is exceptional and could not otherwise be approved under a different zoning classification.

Table 2-1-2-1 Durango Zones
Zone Classification / Name	Abbreviation	Character	Purpose
Residential (Established Residential Neighborhoods)
Established Neighborhood - Old Durango		urban	Protect the character and functional integrity of the Old Durango Neighborhood.
Established Neighborhood - 2^nd and 3^rd Avenues		urban	Protect the character and functional integrity of the Second and Third Avenue Neighborhoods.
Established Neighborhood - East Animas City		suburban	Protect the character and functional integrity of the East Animas City Neighborhood.
Established Neighborhood - Crestview and Needham		auto-urban	Protect the character and functional integrity of the Crestview and Needham Neighborhoods.
Established Neighborhood - Riverview		auto-urban	Protect the character and functional integrity of the Riverview Neighborhood.
Established Neighborhood - Other Single-Family Neighborhoods		suburban	Protect the character and function of Hillcrest and other single-family neighborhoods which were established before the effective date.
Established Neighborhood - Multifamily		varies	Protect and encourage investments in existing multifamily properties, including those bounded by other EN districts.
Residential (Other)
Residential - Low		suburban	Provide for development of housing in a park-like setting, where buildings, landscaping, and paved areas are roughly equal elements of the visual landscape. This district is the least dense residential district for new development.
Residential - Medium		auto-urban or urban	Provide for general residential development of a variety of housing types. Development in the RM district is more intense than that in the RL district.
Residential - High		urban	Provide for urban residential development of a variety of housing types. This district is the most intense residential district. Buildings and formal landscaping along the street are dominant visual elements.
Mixed-Use
Central Business District		urban core	Provide a robust mixed-use center that is a source of community identity and pride.
Mixed-Use - Neighborhood		urban	Provide for mixed-use areas or non-arterial corridors with small-scale residential and mixed-use development, and adaptive re-use of existing residential buildings for mixed-use or commercial purposes.
Mixed-Use - Arterial Corridor		auto-urban	Provide for community and neighborhood-scale mixed-use and commercial development along arterial corridors.
Nonresidential
Commercial - General		auto-urban	Provide for community and neighborhood-scale retail, restaurant, and service uses, and for general and medical offices.
Commercial - Regional		auto-urban	Provide for regional scale retail uses.
Business Park / Campus		suburban or auto-urban	Provide for campus-like environments for colleges, universities, business parks, hospitals, etc.
Light Industry		auto-urban	Provide for light industrial, warehousing, flex-park, rail, and storage uses.
Agriculture and Open Space
Rural / Agriculture		rural	Provide for the establishment or continuation of agricultural uses and services that support agricultural uses, and for very low-density development in ecologically sensitive or geologically hazardous areas. May be used as a holding zone for property that is annexed without a zoning designation.
Open Space		natural or rural	Provide for the preservation of natural areas under conservation easements and public open space.
Public and Planned
Public		varies	Provide for public uses.
Planned Development		varies	Provide for the continuation of existing planned development approvals and the approval of new planned developments when it is demonstrated that the development is exceptional and could not otherwise be approved under a different zoning classification.

Table 2-1-2-1 Durango Zones
Zone Classification / Name	Abbreviation	Character	Purpose
Residential (Established Residential Neighborhoods)
Established Neighborhood - Old Durango		urban	Protect the character and functional integrity of the Old Durango Neighborhood.
Established Neighborhood - 2^nd and 3^rd Avenues		urban	Protect the character and functional integrity of the Second and Third Avenue Neighborhoods.
Established Neighborhood - East Animas City		suburban	Protect the character and functional integrity of the East Animas City Neighborhood.
Established Neighborhood - Crestview and Needham		auto-urban	Protect the character and functional integrity of the Crestview and Needham Neighborhoods.
Established Neighborhood - Riverview		auto-urban	Protect the character and functional integrity of the Riverview Neighborhood.
Established Neighborhood - Other Single-Family Neighborhoods		suburban	Protect the character and function of Hillcrest and other single-family neighborhoods which were established before the effective date.
Established Neighborhood - Multifamily		varies	Protect and encourage investments in existing multifamily properties, including those bounded by other EN districts.
Residential (Other)
Residential - Low		suburban	Provide for development of housing in a park-like setting, where buildings, landscaping, and paved areas are roughly equal elements of the visual landscape. This district is the least dense residential district for new development.
Residential - Medium		auto-urban or urban	Provide for general residential development of a variety of housing types. Development in the RM district is more intense than that in the RL district.
Residential - High		urban	Provide for urban residential development of a variety of housing types. This district is the most intense residential district. Buildings and formal landscaping along the street are dominant visual elements.
Mixed-Use
Central Business District		urban core	Provide a robust mixed-use center that is a source of community identity and pride.
Mixed-Use - Neighborhood		urban	Provide for mixed-use areas or non-arterial corridors with small-scale residential and mixed-use development, and adaptive re-use of existing residential buildings for mixed-use or commercial purposes.
Mixed-Use - Arterial Corridor		auto-urban	Provide for community and neighborhood-scale mixed-use and commercial development along arterial corridors.
Nonresidential
Commercial - General		auto-urban	Provide for community and neighborhood-scale retail, restaurant, and service uses, and for general and medical offices.
Commercial - Regional		auto-urban	Provide for regional scale retail uses.
Business Park / Campus		suburban or auto-urban	Provide for campus-like environments for colleges, universities, business parks, hospitals, etc.
Light Industry		auto-urban	Provide for light industrial, warehousing, flex-park, rail, and storage uses.
Agriculture and Open Space
Rural / Agriculture		rural	Provide for the establishment or continuation of agricultural uses and services that support agricultural uses, and for very low-density development in ecologically sensitive or geologically hazardous areas. May be used as a holding zone for property that is annexed without a zoning designation.
Open Space		natural or rural	Provide for the preservation of natural areas under conservation easements and public open space.
Public and Planned
Public		varies	Provide for public uses.
Planned Development		varies	Provide for the continuation of existing planned development approvals and the approval of new planned developments when it is demonstrated that the development is exceptional and could not otherwise be approved under a different zoning classification.

Effective on: 7/1/2014

Sec. 2-1-2-2 Overlay Zones Established

Generally. The City of Durango has a diverse character and landscape. Overlay zones are created in order to promote the preservation, reinforcement, and enhancement of key features of the natural and built environments. Some of the overlay zones include subdistricts to address specific issues in specific areas.
River Corridor Overlay Zone. The River Corridor Overlay Zone ("RCOZ") is established. Its purposes, boundaries, and subdistricts are as provided in this subsection.
1. Purpose. The purpose of the RCOZ is to recognize the unique elements of properties near and adjacent to the Animas River, by providing a tailored combination of incentives and controls for development and redevelopment of those properties in ways that strengthen the corridor as a community asset and implement the Animas River Corridor Plan. The standards of the RCOZ are based on the following policy principles:
  1. Community Character. Much of the RCOZ is highly visible to residents and visitors to Durango, making the area an important contributor to the character of the community. The RCOZ is intended to enhance the character of the downtown area and the gateway to Durango through:
    1. Creative, well-designed, high-quality development; and
    2. The preservation and enhancement of the unique visual characteristics of the river corridor as viewed from the river and from the land above the river.
  2. Economic Development. The RCOZ is an important economic asset to the City for its land use and recreational values. Within the RCOZ, the City seeks to promote uses which interest both visitors and the local community, and to provide access to the water's edge.
  3. Compact Development and Multimodal Transportation. The RCOZ is intended to promote compact development and redevelopment that includes open spaces, trails, paths, and walkways to facilitate multimodal transportation. The RCOZ promotes the timely and orderly development of the City's proposed system of trails and paths, and contemplates that uses will be connected to the City's existing and proposed system of trails and paths.
  4. Ecology. The Animas River is an important ecological resource. In conjunction with the other requirements of this LUDC, the RCOZ is intended to protect this resource by:
    1. Encouraging open spaces and vehicle-free areas;
    2. Protecting and preserving vegetation and natural habitats in the river corridor;
    3. Minimizing soil erosion and water pollution from stormwater runoff; and
    4. Minimizing disturbance to ecologically sensitive floodplain land.
  5. Flexibility and Performance. The RCOZ is applied to areas with challenging parcel geometry, where compliance with setback and / or off-street parking requirements may be unusually difficult. In the alternative to strict numerical setback, bulk, and parking requirements, performance standards are provided to implement the purposes of the RCOZ and the goals of the Animas River Corridor Plan.
2. Boundaries. The official map showing the boundaries of the RCOZ is on file at the Community Development Department. A general location map is provided in the Appendix.

1. Subdistricts. Two subdistricts are created within the RCOZ, as follows:
  1. Downtown Subdistrict. This Subdistrict recognizes the urban character and unique design considerations of the Central Business District. The official map showing the boundaries of the RCOZ subdistricts is on file at the Community Development Department. A general location map of the Downtown Subdistrict is provided in the Appendix. The Subdistrict includes:
    1. All parcels which abut the east bank of the Animas River ranging from the bridge at U.S. Highway 160 to the DSNGRR bridge that crosses the river near East 2nd Avenue;
    2. All parcels lying east of the Animas River and west of Camino Del Rio bounded on the north by the Main Avenue bridge located between 15th and 17th Streets and on the south by the bridge at U.S. Highway 160.
    3. All land within Schneider Park.
    4. All parcels lying west of the Animas River and east of Roosa Avenue bounded on the north by the 9th Street bridge and on the south by the bridge at U.S. Highway 160.

1. 1. River Corridor Subdistrict. This Subdistrict recognizes the less intensive development that exists within the RCOZ that is located north and south of the Downtown Subdistrict. The boundaries of the River Corridor Subdistrict include the remaining area within the RCOZ that is not within the boundaries of the Downtown Subdistrict.

Downtown Design Overlay Zone. The downtown design overlay zone is established. Its purposes, boundaries, and subdistricts are as provided in this subsection.
1. Purpose. The purpose of the Downtown Design Overlay Zone ("DDOZ") is to provide for change and new development, while preserving and protecting the special character and identity of Durango's downtown area. Design standards that are applied within the DDOZ assure that new construction, renovation, or rehabilitation within the Central Business District will be compatible with, and will preserve and enhance the district's special character, a portion of which has been recognized as a National Register Historic District. The design standards are based upon the existing character of downtown as defined by the prevailing architecture, building materials, and urban design features. The design standards provide a range of design choices within each of the designated character areas (Main Avenue, Second Avenue, Camino del Rio) and encourage development that is compatible and in context with the existing or appropriate character of the area. The standards discourage the introduction of incompatible elements of design or building style.
2. Intent. It is not the intent of the DDOZ to return Durango to a bygone era, nor is it the intent to create an artificial atmosphere by incongruous attempts to replicate the past. Buildings teach us the technology and values of the era of their construction. New buildings are compatible in design but represent their own times (as opposed to imitating buildings from previous eras), and serve as the historic record for future generations.
3. Subdistricts Established. The DDOZ is comprised of three subdistricts, which represent distinct character areas:
  1. The Main Avenue Character Area. The Main Avenue Character Area is the area south of 14th Street between the D&SNGRR right-of-way and the centerline of the alley east of Main Avenue (extended and abandoned), and also includes Buckley Park.
  2. The Second Avenue Character Area. The Second Avenue Character Area is the area south of the Animas River between the centerline of the alley east of Main Avenue (extended and abandoned) and the centerline of the alley east of East 2nd Avenue (extended and abandoned), and includes the most southerly property abutting the west side of East Third Avenue, but excludes Buckley Park and the Smiley Building.
  3. The Camino del Rio Character Area. The Camino del Rio Character Area is the area from the Main Avenue Bridge to the Highway 160 Bridge, between the centerline of the Animas River to the D&SNGRR right-of-way, including the D&SNGRR Train Depot property and the areas north of 14th Street to the centerline of the alley east of Main Avenue (extended and abandoned).
4. Official Map. The official map showing the boundaries of the DDOZ subdistricts is on file at the Community Development Department.
Historic Districts. The following locally designated historic district is continued:
1. East Third Avenue Historic District. The East Third Avenue Historic District is comprised of lots that front on East Third Avenue, generally from its Southern terminus just North of U.S. 550 to the Animas River. The official map showing the boundaries of the East Third Avenue Historic District is on file at the Community Development Department.

Effective on: 7/1/2014

Sec. 2-1-2-3 Official Zoning Map Adopted

Force and Effect. The Zoning Map and all notations, references, and other information shown on it are a part of this LUDC and have the same force and effect as the LUDC.

Effective on: 7/1/2014

Sec. 2-1-2-4 Interpretation of Official Zoning Map

Generally. The precise location of any zone boundary line shown on the Zoning Map shall be defined by the rules of this Section.

Rezoning Ordinances.

Rezoning ordinances (see Article 6-3, Permits and Procedures) shall be promptly reflected on the zoning map. The boundaries of property that are specified in a rezoning ordinance are controlling, except as provided in this subsection.
Conflicts between the zone boundaries on the zoning map and the zoning for property provided by an adopted rezoning ordinance dated after the effective date of this LUDC could result from administrative or scrivener's errors. In the event of such conflict:
1. It is presumed that the adopted rezoning ordinance controls, and the Zoning Map shall be promptly corrected when the conflict is identified. The Administrator shall provide written notice of the correction to the owners of property that is the subject of a zoning map correction.
2. The presumption may be rebutted if it is obvious that the error is within the text of the rezoning ordinance, in that:
  1. The rezoning affects property that was not the subject of the application for rezoning; or
  2. The rezoning affects only a portion of the property that was the subject of the application, the application requested rezoning for the entire property, and the application was granted without conditions that restricted the extent of the rezoning.
Any conflict between the boundaries on the Zoning Map and a development approval granted before the effective date shall be resolved as follows:
1. If the Zoning Map conflicts with a rezoning ordinance adopted before the effective date, the Zoning Map boundaries control. However, if the rezoning ordinance was tied to a site specific development plan, then the Zoning Map designation shall not interfere with any vested rights created by the site specific development plan.
2. If the Zoning Map conflicts with an active planned development ("PD") ordinance that was adopted before the effective date, the PD ordinance controls, unless there is record evidence to show that the Zoning Map was intended to adjust the boundaries of the PD.
3. If the Zoning Map conflicts with an inactive PD ordinance, or with the boundary of a completed PD, then the Zoning Map controls.
4. If the Zoning Map conflicts with a development or annexation agreement, then the conflict shall be resolved according to the terms of the agreement.

Rights-of-Way. Boundary lines shown as following, or approximately following, streets, alleys, railroad tracks, or utility lines shall be construed as following the centerline of the right-of-way. Where the location of the actual streets or alleys differs from the location of corresponding streets or alleys on the Zoning Map, the location of the actual streets or alleys controls.
Property Lines. Boundary lines shown as following, or approximately following, lot lines or other property lines shown on the Zoning Map shall be construed as following such lines.
Toe or Top of Slope. Boundary lines shown as following, or approximately following, the toe or the top of a steep slope, shall be construed as following the contour line of the toe or top of slope.
Watercourses. Boundaries shown as following, or approximately following, the centerline of streams or other watercourses shall be construed as following the channel centerline. In the event of a natural change in the location of such streams or other watercourses, the zoning district boundary shall be construed as moving with the channel centerline. However, such movement shall not render existing development nonconforming. See Sec. 6-1-1-2, Application of Article.
Parallel to Features. Boundaries shown as separated from and parallel, or approximately parallel, to any of the features listed in paragraphs 1. through 4., above, shall be construed to be parallel to such features and at such distances as are shown by the scale on the zoning map.

Text Dimensions. The boundary shall be located by reference to dimensions shown in text on the zoning map, if any.
Map Scale. The boundary shall be located using the map scale appearing on the zoning map.

Within the corporate limits of Durango;
Not within a right-of-way; and
Not shown with a zoning designation.

Effective on: 7/1/2014

Sec. 2-1-2-5 Zoning of Annexed Land

Effective on: 7/1/2014

Sec. 2-1-2-6 Standards for Rezoning

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

The criteria of Subsections B. and C., below, are met;
One or more of the alternatives set out in Subsection D., below are met.

Resource Protection Policy.

It is the policy of the City not to rezone property in a manner that would create or facilitate the creation of development rights or entitlements that would either:
1. Reduce the level of protection for significant natural resources that exist on the parcel proposed for development; or
2. Expose additional people or personal property to unmitigated natural hazards that are present on the parcel proposed for development (e.g., fire, flood, or landslide-prone parcels).
This policy may be waived upon a finding by the City Council that:
1. Alternative means have been implemented to achieve a comparable or better level of resource protection (e.g., conservation easements, partial rezonings, or other comparable conditions of rezoning approval); or
2. The policy is outweighed by a substantial community interest that is served by approval of the rezoning (see Subsection C.1., below).

Compatibility and Public Benefits. All applications for rezoning shall meet the following criteria:

The proposed zone is in conformance with the Comprehensive Plan;
The proposed zone will provide a benefit (or degree of benefit) to the community or immediate area that cannot be provided in the existing zone, and which is sufficient to offset potential adverse impacts of the proposed zone, if any;
The proposed zone would not cause an LI zone to directly abut an EN, RL, or RM Zone, or a CR zone to directly abut an EN or RL zone, unless (in either circumstance) there is sufficient land area on the parcel proposed for rezoning to provide a required standard buffer, as set out in Section 4-6-3-5, Zone Boundary Bufferyards; and
Adequate public facilities are available to serve development in the proposed zone; or the proposed zone would limit demands upon public facilities more than the existing zone; or reasonable assurances are provided that adequate facilities will be made available to serve new development by the time the new development places demands on the facilities.

Alternative #1: Plan Implementation. The City Council finds that the proposed zone is more appropriate than the existing zone to implement an adopted, current City plan that was developed with public input (e.g., the Durango Comprehensive Plan).
Alternative #2: Change in Character of the Area. The City Council finds that the proposed zone is more appropriate than the existing zone because:
1. There has been a change in character or capacity of public infrastructure in the area (e.g., installation of public facilities, other zone changes, new growth trends, deterioration, development transitions, etc.); and
2. The proposed zone allows for the reasonable development or redevelopment of the parcel proposed for development in a manner that will be compatible with its existing or planned context.
Alternative #3: Need for Zone in Land Inventory. The City Council finds that the proposed zone is more appropriate than the existing zone because:
1. There is greater need in the community for land in the proposed zone than the existing zone; and
2. The proposed zone will promote a balance of land uses in the City that will improve economic opportunity and / or community mobility.
Alternative #4: Existing Zone Erroneously Adopted. The City Council finds that the proposed zone is more appropriate than the existing zone because:
1. The existing zoning for the property was erroneously assigned; and
2. Development has not proceeded in reliance on the erroneous zone.

Effective on: 7/1/2014

Sec. 2-1-3-1 Interpretation of Use / Zone Matrices

Legend. The following symbols are used in the matrices in this Division:

"A" means "allowed." Allowed uses are subject to administrative review for compliance with the general requirements of this LUDC.
"S" means "special use." Special uses are subject to administrative review for compliance with specific standards that pertain to the use, and for compliance with the general requirements of this LUDC.
"L" means "limited use." Limited uses are subject to administrative review for compliance with specific standards that pertain to the use, and for compliance with general standards for all limited uses, and the general requirements of this LUDC. Limited uses do not require a public hearing, but have additional notice and public comment requirements compared to special uses. Limited uses are not "as-of-right" uses.
"C" means "conditional use." Conditional uses are subject to public hearing review for compliance with specific standards that pertain to the use, general standards for all conditional uses, and the general requirements of this LUDC. Conditional uses are not "as-of-right" uses.
"-" means that the use is not allowed in the specified district.

Effective on: 7/1/2014

Sec. 2-1-3-2 Neighborhood Types

Table 2-1-3-2 Neighborhood Types
Land Use	Standards Reference¹	Zoning Districts
		Residential					Mixed-Use			Nonresidential				Agriculture and Open Space		Public and Planned

TABLE NOTES: This column contains a cross-reference to the standards that apply in districts in which the use is listed as special ("S"), limited ("L"), or conditional ("C"). May be allowed pursuant to PD approval process.
Residential Neighborhoods
Single-Family Detached, Conventional	-	-	-	A	A	A	-	A	-	-	-	-	-	A	-	-	A²
Single-Family Detached, Cluster	-	-	-	A	A	-	-	-	-	-	-	-	-	A	-	-	A²
Duplex	-	-	-	-	A	A	-	-	-	-	-	-	-	-	-	-	A²
Townhomes	§ 2-2-3-1	-	-	-	S	A	-	A	A	-	-	-	-	-	-	-	A²
Multiplex	§ 2-2-3-1	-	-	S	S	A	-	A	A	-	-	-	-	-	-	-	A²
Multifamily	§ 2-2-3-1	-	-	S	S	A	A	A	A	-	-	S	-	-	-	-	A²
Manufactured Home Park or Subdivision	§ 2-2-3-1	-	-	S	S	L	-	-	-	-	-	-	-	-	-	-	A²
Mixed Housing	§ 2-2-3-1	-	-	-	S	A	-	S	S	-	-	-	-	-	-	-	A²
Mixed Housing Cluster	§ 2-2-3-1	-	-	S	S	-	-	-	-	-	-	-	-	-	-	-	A²
Mixed-Use Neighborhoods
Traditional Neighborhood Development ("TND")	§ 2-2-3-2	-	-	-	S	S	-	S	S	-	-	S	-	-	-	-	A²

Table 2-1-3-2 Neighborhood Types
Land Use	Standards Reference¹	Zoning Districts
		Residential					Mixed-Use			Nonresidential				Agriculture and Open Space		Public and Planned

TABLE NOTES: This column contains a cross-reference to the standards that apply in districts in which the use is listed as special ("S"), limited ("L"), or conditional ("C"). May be allowed pursuant to PD approval process.
Residential Neighborhoods
Single-Family Detached, Conventional	-	-	-	A	A	A	-	A	-	-	-	-	-	A	-	-	A²
Single-Family Detached, Cluster	-	-	-	A	A	-	-	-	-	-	-	-	-	A	-	-	A²
Duplex	-	-	-	-	A	A	-	-	-	-	-	-	-	-	-	-	A²
Townhomes	§ 2-2-3-1	-	-	-	S	A	-	A	A	-	-	-	-	-	-	-	A²
Multiplex	§ 2-2-3-1	-	-	S	S	A	-	A	A	-	-	-	-	-	-	-	A²
Multifamily	§ 2-2-3-1	-	-	S	S	A	A	A	A	-	-	S	-	-	-	-	A²
Manufactured Home Park or Subdivision	§ 2-2-3-1	-	-	S	S	L	-	-	-	-	-	-	-	-	-	-	A²
Mixed Housing	§ 2-2-3-1	-	-	-	S	A	-	S	S	-	-	-	-	-	-	-	A²
Mixed Housing Cluster	§ 2-2-3-1	-	-	S	S	-	-	-	-	-	-	-	-	-	-	-	A²
Mixed-Use Neighborhoods
Traditional Neighborhood Development ("TND")	§ 2-2-3-2	-	-	-	S	S	-	S	S	-	-	S	-	-	-	-	A²

Table 2-1-3-2 Neighborhood Types
Land Use	Standards Reference¹	Zoning Districts
		Residential					Mixed-Use			Nonresidential				Agriculture and Open Space		Public and Planned

TABLE NOTES: This column contains a cross-reference to the standards that apply in districts in which the use is listed as special ("S"), limited ("L"), or conditional ("C"). May be allowed pursuant to PD approval process.
Residential Neighborhoods
Single-Family Detached, Conventional	-	-	-	A	A	A	-	A	-	-	-	-	-	A	-	-	A²
Single-Family Detached, Cluster	-	-	-	A	A	-	-	-	-	-	-	-	-	A	-	-	A²
Duplex	-	-	-	-	A	A	-	-	-	-	-	-	-	-	-	-	A²
Townhomes	§ 2-2-3-1	-	-	-	S	A	-	A	A	-	-	-	-	-	-	-	A²
Multiplex	§ 2-2-3-1	-	-	S	S	A	-	A	A	-	-	-	-	-	-	-	A²
Multifamily	§ 2-2-3-1	-	-	S	S	A	A	A	A	-	-	S	-	-	-	-	A²
Manufactured Home Park or Subdivision	§ 2-2-3-1	-	-	S	S	L	-	-	-	-	-	-	-	-	-	-	A²
Mixed Housing	§ 2-2-3-1	-	-	-	S	A	-	S	S	-	-	-	-	-	-	-	A²
Mixed Housing Cluster	§ 2-2-3-1	-	-	S	S	-	-	-	-	-	-	-	-	-	-	-	A²
Mixed-Use Neighborhoods
Traditional Neighborhood Development ("TND")	§ 2-2-3-2	-	-	-	S	S	-	S	S	-	-	S	-	-	-	-	A²

Table 2-1-3-2 Neighborhood Types
Land Use	Standards Reference¹	Zoning Districts
		Residential					Mixed-Use			Nonresidential				Agriculture and Open Space		Public and Planned

TABLE NOTES: This column contains a cross-reference to the standards that apply in districts in which the use is listed as special ("S"), limited ("L"), or conditional ("C"). May be allowed pursuant to PD approval process.
Residential Neighborhoods
Single-Family Detached, Conventional	-	-	-	A	A	A	-	A	-	-	-	-	-	A	-	-	A²
Single-Family Detached, Cluster	-	-	-	A	A	-	-	-	-	-	-	-	-	A	-	-	A²
Duplex	-	-	-	-	A	A	-	-	-	-	-	-	-	-	-	-	A²
Townhomes	§ 2-2-3-1	-	-	-	S	A	-	A	A	-	-	-	-	-	-	-	A²
Multiplex	§ 2-2-3-1	-	-	S	S	A	-	A	A	-	-	-	-	-	-	-	A²
Multifamily	§ 2-2-3-1	-	-	S	S	A	A	A	A	-	-	S	-	-	-	-	A²
Manufactured Home Park or Subdivision	§ 2-2-3-1	-	-	S	S	L	-	-	-	-	-	-	-	-	-	-	A²
Mixed Housing	§ 2-2-3-1	-	-	-	S	A	-	S	S	-	-	-	-	-	-	-	A²
Mixed Housing Cluster	§ 2-2-3-1	-	-	S	S	-	-	-	-	-	-	-	-	-	-	-	A²
Mixed-Use Neighborhoods
Traditional Neighborhood Development ("TND")	§ 2-2-3-2	-	-	-	S	S	-	S	S	-	-	S	-	-	-	-	A²

Effective on: 7/1/2014

Sec. 2-1-3-3 Residential, Transient Residential, and Overnight Accommodations Use / Zone Matrix

Table 2-1-3-3, Residential, Transient Residential, and Overnight Accommodations, is the use / zone matrix for residential, transient residential, and overnight accommodations uses.

Table 2-1-3-3 Residential, Transient Residential, and Overnight Accommodations Uses
Land Use	Standards Reference¹	Zoning Districts
		Residential					Mixed-Use			Nonresidential				Agriculture and Open Space		Public and Planned
		²
TABLE NOTES: This column contains a cross-reference to the standards that apply in districts in which the use is listed as special ("S"), limited ("L"), or conditional ("C"). Special, Limited, or Conditional use standards may prohibit the use in certain EN zones. If approved during PD approval process, or within an existing residential PD zone in which the use is not prohibited by private restrictions. Must be in an existing non-residential building or a legal non-conforming multi-family building, see Sec 6-1-2-4. Only allowed on the City's Social Services Campus.
Residential Land Uses
Single-Family Detached	§ 2-2-3-3	A	A	A	A	A	S	S	S	-	-	-	-	A	-	-	A³
Duplex	§ 2-2-3-3	S	A	S	A	A	S	S	A	-	-	-	-	-	-	-	A³
Townhomes	§ 2-2-3-3	-	A	S	S	A	-	L	A	-	-	-	-	-	-	-	A³
Multiplex	§ 2-2-3-3	-	S	-	S	A	-	L	A	-	-	-	-	-	-	-	A³
Multi-Unit Building	§ 2-2-3-3	-	A	S	S	A	A	L	A	-	-	S	-	-	-	-	A³
Multi-Unit Property	§ 2-2-3-3	-	S	-	S	A	-	L	-	-	-	-	-	-	-	-	A³
Manufactured Home	-	A	-	A	A	A	-	-	-	-	-	-	-	A	-	-	A³
Group Home	§ 2-2-3-3	A	A	A	A	A	-	S	S	-	-	-	-	A		-	A³
Live-Work Unit	§ 2-2-3-3	-	-	-	-	S	L	A	A	-	-	-	-	-	-	-	A³
Work-Live Unit	§ 2-2-3-3	-	-	-	-	L	L	A	A	-	-	S	-	-	-	-	A³
On-Site Employee Housing	§ 2-2-3-3	-	-	-	-	-	S	S	S	S	S	L	-	-	-	-	A³
Permanent Supportive Housing	§ 2-2-3-3	-	-	-	-	-	-	-	-	-	-	-	-	-	-	L⁵	A³
Age Restricted Housing	§ 2-2-3-3	C⁴	S	-	S	S	L	L	L	-	-	-	-	-	-	C	A³
Senior Congregate Care Housing	§ 2-2-3-3	C⁴	L	-	L	L	L	L	L	-	-	-	-	-	-	C	A³
Dormitory / Fraternity / Sorority	§ 2-2-3-3	-	C	-	C	C	-	-	-	-	-	S	-	-	-	-	A³
Boarding House	§ 2-2-3-3	-	-	-	L	S	-	S	S	-	-	-	-	-	-	-	A³
Transient Residential Land Uses and Overnight Accommodations
Bed and Breakfast	§ 2-2-3-4	C	C	-	C	S	A	A	A	A	-	-	-	L	-	-	A³
Bed and Breakfast Inn	§ 2-2-3-4	C	C	-	C	S	A	A	A	A	-	-	-	L	-	-	A³
Guest Ranch	§ 2-2-3-4	-	-	-	-	-	-	-	-	-	-	-	-	C	-	-	A³
Hostel	§ 2-2-3-4	-	-	-	-	C	A	A	A	A	A	-	-	C	-	-	A³
Hotel / Motel, Tourist or Business	-	-	-	-	-	-	A	-	A	A	A	A	-	-	-	-	A³
Hotel / Motel, Convention	§ 2-2-3-4	-	-	-	-	-	S	-	A	A	A	A	-	-	-	-	A³
Timeshare / Fractional Ownership	§ 2-2-3-4	-	-	-	-	-	C	-	L	A	-	-	-	-	-	-	A³
Vacation Home / Vacation Rental	§ 2-2-3-4	L	-	-	-	-	L	L	L	-	-	-	-	-	-	-	L⁴

Table 2-1-3-3 Residential, Transient Residential, and Overnight Accommodations Uses
Land Use	Standards Reference¹	Zoning Districts
		Residential					Mixed-Use			Nonresidential				Agriculture and Open Space		Public and Planned
		²
TABLE NOTES: This column contains a cross-reference to the standards that apply in districts in which the use is listed as special ("S"), limited ("L"), or conditional ("C"). Special, Limited, or Conditional use standards may prohibit the use in certain EN zones. If approved during PD approval process, or within an existing residential PD zone in which the use is not prohibited by private restrictions. Must be in an existing non-residential building or a legal non-conforming multi-family building, see Sec 6-1-2-4. Only allowed on the City's Social Services Campus.
Residential Land Uses
Single-Family Detached	§ 2-2-3-3	A	A	A	A	A	S	S	S	-	-	-	-	A	-	-	A³
Duplex	§ 2-2-3-3	S	A	S	A	A	S	S	A	-	-	-	-	-	-	-	A³
Townhomes	§ 2-2-3-3	-	A	S	S	A	-	L	A	-	-	-	-	-	-	-	A³
Multiplex	§ 2-2-3-3	-	S	-	S	A	-	L	A	-	-	-	-	-	-	-	A³
Multi-Unit Building	§ 2-2-3-3	-	A	S	S	A	A	L	A	-	-	S	-	-	-	-	A³
Multi-Unit Property	§ 2-2-3-3	-	S	-	S	A	-	L	-	-	-	-	-	-	-	-	A³
Manufactured Home	-	A	-	A	A	A	-	-	-	-	-	-	-	A	-	-	A³
Group Home	§ 2-2-3-3	A	A	A	A	A	-	S	S	-	-	-	-	A		-	A³
Live-Work Unit	§ 2-2-3-3	-	-	-	-	S	L	A	A	-	-	-	-	-	-	-	A³
Work-Live Unit	§ 2-2-3-3	-	-	-	-	L	L	A	A	-	-	S	-	-	-	-	A³
On-Site Employee Housing	§ 2-2-3-3	-	-	-	-	-	S	S	S	S	S	L	-	-	-	-	A³
Permanent Supportive Housing	§ 2-2-3-3	-	-	-	-	-	-	-	-	-	-	-	-	-	-	L⁵	A³
Age Restricted Housing	§ 2-2-3-3	C⁴	S	-	S	S	L	L	L	-	-	-	-	-	-	C	A³
Senior Congregate Care Housing	§ 2-2-3-3	C⁴	L	-	L	L	L	L	L	-	-	-	-	-	-	C	A³
Dormitory / Fraternity / Sorority	§ 2-2-3-3	-	C	-	C	C	-	-	-	-	-	S	-	-	-	-	A³
Boarding House	§ 2-2-3-3	-	-	-	L	S	-	S	S	-	-	-	-	-	-	-	A³
Transient Residential Land Uses and Overnight Accommodations
Bed and Breakfast	§ 2-2-3-4	C	C	-	C	S	A	A	A	A	-	-	-	L	-	-	A³
Bed and Breakfast Inn	§ 2-2-3-4	C	C	-	C	S	A	A	A	A	-	-	-	L	-	-	A³
Guest Ranch	§ 2-2-3-4	-	-	-	-	-	-	-	-	-	-	-	-	C	-	-	A³
Hostel	§ 2-2-3-4	-	-	-	-	C	A	A	A	A	A	-	-	C	-	-	A³
Hotel / Motel, Tourist or Business	-	-	-	-	-	-	A	-	A	A	A	A	-	-	-	-	A³
Hotel / Motel, Convention	§ 2-2-3-4	-	-	-	-	-	S	-	A	A	A	A	-	-	-	-	A³
Timeshare / Fractional Ownership	§ 2-2-3-4	-	-	-	-	-	C	-	L	A	-	-	-	-	-	-	A³
Vacation Home / Vacation Rental	§ 2-2-3-4	L	-	-	-	-	L	L	L	-	-	-	-	-	-	-	L⁴

Table 2-1-3-3 Residential, Transient Residential, and Overnight Accommodations Uses
Land Use	Standards Reference¹	Zoning Districts
		Residential					Mixed-Use			Nonresidential				Agriculture and Open Space		Public and Planned
		²
TABLE NOTES: This column contains a cross-reference to the standards that apply in districts in which the use is listed as special ("S"), limited ("L"), or conditional ("C"). Special, Limited, or Conditional use standards may prohibit the use in certain EN zones. If approved during PD approval process, or within an existing residential PD zone in which the use is not prohibited by private restrictions. Must be in an existing non-residential building or a legal non-conforming multi-family building, see Sec 6-1-2-4. Only allowed on the City's Social Services Campus.
Residential Land Uses
Single-Family Detached	§ 2-2-3-3	A	A	A	A	A	S	S	S	-	-	-	-	A	-	-	A³
Duplex	§ 2-2-3-3	S	A	S	A	A	S	S	A	-	-	-	-	-	-	-	A³
Townhomes	§ 2-2-3-3	-	A	S	S	A	-	L	A	-	-	-	-	-	-	-	A³
Multiplex	§ 2-2-3-3	-	S	-	S	A	-	L	A	-	-	-	-	-	-	-	A³
Multi-Unit Building	§ 2-2-3-3	-	A	S	S	A	A	L	A	-	-	S	-	-	-	-	A³
Multi-Unit Property	§ 2-2-3-3	-	S	-	S	A	-	L	-	-	-	-	-	-	-	-	A³
Manufactured Home	-	A	-	A	A	A	-	-	-	-	-	-	-	A	-	-	A³
Group Home	§ 2-2-3-3	A	A	A	A	A	-	S	S	-	-	-	-	A		-	A³
Live-Work Unit	§ 2-2-3-3	-	-	-	-	S	L	A	A	-	-	-	-	-	-	-	A³
Work-Live Unit	§ 2-2-3-3	-	-	-	-	L	L	A	A	-	-	S	-	-	-	-	A³
On-Site Employee Housing	§ 2-2-3-3	-	-	-	-	-	S	S	S	S	S	L	-	-	-	-	A³
Permanent Supportive Housing	§ 2-2-3-3	-	-	-	-	-	-	-	-	-	-	-	-	-	-	L⁵	A³
Age Restricted Housing	§ 2-2-3-3	C⁴	S	-	S	S	L	L	L	-	-	-	-	-	-	C	A³
Senior Congregate Care Housing	§ 2-2-3-3	C⁴	L	-	L	L	L	L	L	-	-	-	-	-	-	C	A³
Dormitory / Fraternity / Sorority	§ 2-2-3-3	-	C	-	C	C	-	-	-	-	-	S	-	-	-	-	A³
Boarding House	§ 2-2-3-3	-	-	-	L	S	-	S	S	-	-	-	-	-	-	-	A³
Transient Residential Land Uses and Overnight Accommodations
Bed and Breakfast	§ 2-2-3-4	C	C	-	C	S	A	A	A	A	-	-	-	L	-	-	A³
Bed and Breakfast Inn	§ 2-2-3-4	C	C	-	C	S	A	A	A	A	-	-	-	L	-	-	A³
Guest Ranch	§ 2-2-3-4	-	-	-	-	-	-	-	-	-	-	-	-	C	-	-	A³
Hostel	§ 2-2-3-4	-	-	-	-	C	A	A	A	A	A	-	-	C	-	-	A³
Hotel / Motel, Tourist or Business	-	-	-	-	-	-	A	-	A	A	A	A	-	-	-	-	A³
Hotel / Motel, Convention	§ 2-2-3-4	-	-	-	-	-	S	-	A	A	A	A	-	-	-	-	A³
Timeshare / Fractional Ownership	§ 2-2-3-4	-	-	-	-	-	C	-	L	A	-	-	-	-	-	-	A³
Vacation Home / Vacation Rental	§ 2-2-3-4	L	-	-	-	-	L	L	L	-	-	-	-	-	-	-	L⁴

Table 2-1-3-3 Residential, Transient Residential, and Overnight Accommodations Uses
Land Use	Standards Reference¹	Zoning Districts
		Residential					Mixed-Use			Nonresidential				Agriculture and Open Space		Public and Planned
		²
TABLE NOTES: This column contains a cross-reference to the standards that apply in districts in which the use is listed as special ("S"), limited ("L"), or conditional ("C"). Special, Limited, or Conditional use standards may prohibit the use in certain EN zones. If approved during PD approval process, or within an existing residential PD zone in which the use is not prohibited by private restrictions. Must be in an existing non-residential building or a legal non-conforming multi-family building, see Sec 6-1-2-4. Only allowed on the City's Social Services Campus.
Residential Land Uses
Single-Family Detached	§ 2-2-3-3	A	A	A	A	A	S	S	S	-	-	-	-	A	-	-	A³
Duplex	§ 2-2-3-3	S	A	S	A	A	S	S	A	-	-	-	-	-	-	-	A³
Townhomes	§ 2-2-3-3	-	A	S	S	A	-	L	A	-	-	-	-	-	-	-	A³
Multiplex	§ 2-2-3-3	-	S	-	S	A	-	L	A	-	-	-	-	-	-	-	A³
Multi-Unit Building	§ 2-2-3-3	-	A	S	S	A	A	L	A	-	-	S	-	-	-	-	A³
Multi-Unit Property	§ 2-2-3-3	-	S	-	S	A	-	L	-	-	-	-	-	-	-	-	A³
Manufactured Home	-	A	-	A	A	A	-	-	-	-	-	-	-	A	-	-	A³
Group Home	§ 2-2-3-3	A	A	A	A	A	-	S	S	-	-	-	-	A		-	A³
Live-Work Unit	§ 2-2-3-3	-	-	-	-	S	L	A	A	-	-	-	-	-	-	-	A³
Work-Live Unit	§ 2-2-3-3	-	-	-	-	L	L	A	A	-	-	S	-	-	-	-	A³
On-Site Employee Housing	§ 2-2-3-3	-	-	-	-	-	S	S	S	S	S	L	-	-	-	-	A³
Permanent Supportive Housing	§ 2-2-3-3	-	-	-	-	-	-	-	-	-	-	-	-	-	-	L⁵	A³
Age Restricted Housing	§ 2-2-3-3	C⁴	S	-	S	S	L	L	L	-	-	-	-	-	-	C	A³
Senior Congregate Care Housing	§ 2-2-3-3	C⁴	L	-	L	L	L	L	L	-	-	-	-	-	-	C	A³
Dormitory / Fraternity / Sorority	§ 2-2-3-3	-	C	-	C	C	-	-	-	-	-	S	-	-	-	-	A³
Boarding House	§ 2-2-3-3	-	-	-	L	S	-	S	S	-	-	-	-	-	-	-	A³
Transient Residential Land Uses and Overnight Accommodations
Bed and Breakfast	§ 2-2-3-4	C	C	-	C	S	A	A	A	A	-	-	-	L	-	-	A³
Bed and Breakfast Inn	§ 2-2-3-4	C	C	-	C	S	A	A	A	A	-	-	-	L	-	-	A³
Guest Ranch	§ 2-2-3-4	-	-	-	-	-	-	-	-	-	-	-	-	C	-	-	A³
Hostel	§ 2-2-3-4	-	-	-	-	C	A	A	A	A	A	-	-	C	-	-	A³
Hotel / Motel, Tourist or Business	-	-	-	-	-	-	A	-	A	A	A	A	-	-	-	-	A³
Hotel / Motel, Convention	§ 2-2-3-4	-	-	-	-	-	S	-	A	A	A	A	-	-	-	-	A³
Timeshare / Fractional Ownership	§ 2-2-3-4	-	-	-	-	-	C	-	L	A	-	-	-	-	-	-	A³
Vacation Home / Vacation Rental	§ 2-2-3-4	L	-	-	-	-	L	L	L	-	-	-	-	-	-	-	L⁴

Effective on: 11/2/2021

2-1-3-4 Institutional, Education, Protective Care, Natural Medicine, and Health Care Use / Zone Matrix

Table 2-1-3-4 Institutional, Education, Protective Care, Natural Medicine, and Health Care Uses
Land Use	Standards Reference¹	Zoning Districts
		Residential					Mixed-Use			Nonresidential				Agriculture and Open Space		Public and Planned
		²
TABLE NOTE: 1. This column contains a cross-reference to the standards that apply in districts in which the use is listed as special ("S"), limited ("L"), or conditional ("C"). 2. Special, Limited, or Conditional use standards may prohibit the use in certain EN zones. 3. May be allowed pursuant to PD approval process. 4. May be allowed in a single-family dwelling unit within a PD by special use permit. 5. Excluding hospitals.
Institutional Uses
Cemetery	-	-	-	-	-	-	-	-	-	-	-	-	-	A	A	A	A³
Day Care, Adult	§ 2-2-3-5	L	L	L	A	A	A	A	A	-	-	-	-	L	-	A	A³
Day Care, Child (6 or fewer attendees)	§ 2-2-3-5	S	S	S	S	S	S	S	S	-	-	-	-	S	-	-	A³/ S⁴
Day Care, Child (7 to 12 attendees)	§ 2-2-3-5	L	L	L	L	L	L	L	L	L	-	L	-	L	-	A	A³
Day Care, Child (13 or more attendees)	§ 2-2-3-5	L	L	L	L	L	L	L	L	L	-	L	-	L	-	A	A³
Funeral Home	§ 2-2-3-5	C	C	-	C	C	-	A	A	A	L	-	-	-	-	A	A³
Institutional Residential	§ 2-2-3-5	-	C	C	C	L	-	L	L	-	-	-	-	-	-	S	A³
Library	§ 2-2-3-5	-	S	-	S	A	S	A	A	-	-	-	-	-	-	A	A³
Place of Assembly	§ 2-2-3-5	L	L	L	L	S	L	A	A	L	C	L	C	-	-	A	A³
Police or Fire Station	-	A	A	A	A	A	C	A	A	A	A	A	A	A	A	A	A³
Post Office	-	-	-	-	-	-	A	A	A	A	A	A	A	-	-	A	A³
Education Uses
College / University / Vocational School	§ 2-2-3-6	-	-	-	-	-	L	-	L	-	-	A	-	-	-	A	A³
School, Boarding	§ 2-2-3-6	-	L	-	L	S	-	-	-	-	-	-	-	-	-	S	A³
School, Middle	§ 2-2-3-6	S	S	S	S	S	L	L	L	C	C	-	-	-	-	S	A³
School, High	§ 2-2-3-6	L	-	-	-	C	L	C	C	C	C	-	-	-	-	S	A³
School, Pre-School or Elementary	§ 2-2-3-6	S	S	S	S	S	L	-	-	-	-	-	-	-	-	S	A³
Protective Care, Safehouse, and Shelter Uses
Protective Care	§ 2-2-3-7	-	-	-	-	-	-	-	-	-	-	-	C	-	-	L	A³
Safehouse	-	A	A	A	A	A	-	A	A	-	-	-	-	-	-	-	A³
Shelter	§ 2-2-3-7	-	C	-	-	L	-	C	L	-	-	-	-	L	-	L	A³
Natural Medicine Uses
Natural Medicine Healing Center	§ 2-2-3-20	-	-	-	-	-	-	-	-	L	-	L	-	-	-	-	L
Natural Medicine Cultivation Facility / Natural Medicine Testing Facility	§ 2-2-3-20	-	-	-	-	-	-	-	-	-	-	L	L	-	-	-	L
Health Care Uses
Assisted Living / Congregate Care	§ 2-2-3-8	L	L	L	S	S	-	L	L	C	C	-	-	-	-	L	A³
Hospitals / Clinics / Medical Labs / Urgent Care	§ 2-2-3-8	-	-	-	L⁵	L⁵	A	A	A	A	A	A	-	-	-	-	A³
Nursing Home	§ 2-2-3-8	-	L	-	L	S	-	L	L	-	-	S	-	L	-	-	A³
Office, Medical	-	-	-	-	-	-	A	A	A	A	A	A	L	-	-	-	A³

Table 2-1-3-4 Institutional, Education, Protective Care, Natural Medicine, and Health Care Uses
Land Use	Standards Reference¹	Zoning Districts
		Residential					Mixed-Use			Nonresidential				Agriculture and Open Space		Public and Planned
		²
TABLE NOTE: 1. This column contains a cross-reference to the standards that apply in districts in which the use is listed as special ("S"), limited ("L"), or conditional ("C"). 2. Special, Limited, or Conditional use standards may prohibit the use in certain EN zones. 3. May be allowed pursuant to PD approval process. 4. May be allowed in a single-family dwelling unit within a PD by special use permit. 5. Excluding hospitals.
Institutional Uses
Cemetery	-	-	-	-	-	-	-	-	-	-	-	-	-	A	A	A	A³
Day Care, Adult	§ 2-2-3-5	L	L	L	A	A	A	A	A	-	-	-	-	L	-	A	A³
Day Care, Child (6 or fewer attendees)	§ 2-2-3-5	S	S	S	S	S	S	S	S	-	-	-	-	S	-	-	A³/ S⁴
Day Care, Child (7 to 12 attendees)	§ 2-2-3-5	L	L	L	L	L	L	L	L	L	-	L	-	L	-	A	A³
Day Care, Child (13 or more attendees)	§ 2-2-3-5	L	L	L	L	L	L	L	L	L	-	L	-	L	-	A	A³
Funeral Home	§ 2-2-3-5	C	C	-	C	C	-	A	A	A	L	-	-	-	-	A	A³
Institutional Residential	§ 2-2-3-5	-	C	C	C	L	-	L	L	-	-	-	-	-	-	S	A³
Library	§ 2-2-3-5	-	S	-	S	A	S	A	A	-	-	-	-	-	-	A	A³
Place of Assembly	§ 2-2-3-5	L	L	L	L	S	L	A	A	L	C	L	C	-	-	A	A³
Police or Fire Station	-	A	A	A	A	A	C	A	A	A	A	A	A	A	A	A	A³
Post Office	-	-	-	-	-	-	A	A	A	A	A	A	A	-	-	A	A³
Education Uses
College / University / Vocational School	§ 2-2-3-6	-	-	-	-	-	L	-	L	-	-	A	-	-	-	A	A³
School, Boarding	§ 2-2-3-6	-	L	-	L	S	-	-	-	-	-	-	-	-	-	S	A³
School, Middle	§ 2-2-3-6	S	S	S	S	S	L	L	L	C	C	-	-	-	-	S	A³
School, High	§ 2-2-3-6	L	-	-	-	C	L	C	C	C	C	-	-	-	-	S	A³
School, Pre-School or Elementary	§ 2-2-3-6	S	S	S	S	S	L	-	-	-	-	-	-	-	-	S	A³
Protective Care, Safehouse, and Shelter Uses
Protective Care	§ 2-2-3-7	-	-	-	-	-	-	-	-	-	-	-	C	-	-	L	A³
Safehouse	-	A	A	A	A	A	-	A	A	-	-	-	-	-	-	-	A³
Shelter	§ 2-2-3-7	-	C	-	-	L	-	C	L	-	-	-	-	L	-	L	A³
Natural Medicine Uses
Natural Medicine Healing Center	§ 2-2-3-20	-	-	-	-	-	-	-	-	L	-	L	-	-	-	-	L
Natural Medicine Cultivation Facility / Natural Medicine Testing Facility	§ 2-2-3-20	-	-	-	-	-	-	-	-	-	-	L	L	-	-	-	L
Health Care Uses
Assisted Living / Congregate Care	§ 2-2-3-8	L	L	L	S	S	-	L	L	C	C	-	-	-	-	L	A³
Hospitals / Clinics / Medical Labs / Urgent Care	§ 2-2-3-8	-	-	-	L⁵	L⁵	A	A	A	A	A	A	-	-	-	-	A³
Nursing Home	§ 2-2-3-8	-	L	-	L	S	-	L	L	-	-	S	-	L	-	-	A³
Office, Medical	-	-	-	-	-	-	A	A	A	A	A	A	L	-	-	-	A³

Table 2-1-3-4 Institutional, Education, Protective Care, Natural Medicine, and Health Care Uses
Land Use	Standards Reference¹	Zoning Districts
		Residential					Mixed-Use			Nonresidential				Agriculture and Open Space		Public and Planned
		²
TABLE NOTE: 1. This column contains a cross-reference to the standards that apply in districts in which the use is listed as special ("S"), limited ("L"), or conditional ("C"). 2. Special, Limited, or Conditional use standards may prohibit the use in certain EN zones. 3. May be allowed pursuant to PD approval process. 4. May be allowed in a single-family dwelling unit within a PD by special use permit. 5. Excluding hospitals.
Institutional Uses
Cemetery	-	-	-	-	-	-	-	-	-	-	-	-	-	A	A	A	A³
Day Care, Adult	§ 2-2-3-5	L	L	L	A	A	A	A	A	-	-	-	-	L	-	A	A³
Day Care, Child (6 or fewer attendees)	§ 2-2-3-5	S	S	S	S	S	S	S	S	-	-	-	-	S	-	-	A³/ S⁴
Day Care, Child (7 to 12 attendees)	§ 2-2-3-5	L	L	L	L	L	L	L	L	L	-	L	-	L	-	A	A³
Day Care, Child (13 or more attendees)	§ 2-2-3-5	L	L	L	L	L	L	L	L	L	-	L	-	L	-	A	A³
Funeral Home	§ 2-2-3-5	C	C	-	C	C	-	A	A	A	L	-	-	-	-	A	A³
Institutional Residential	§ 2-2-3-5	-	C	C	C	L	-	L	L	-	-	-	-	-	-	S	A³
Library	§ 2-2-3-5	-	S	-	S	A	S	A	A	-	-	-	-	-	-	A	A³
Place of Assembly	§ 2-2-3-5	L	L	L	L	S	L	A	A	L	C	L	C	-	-	A	A³
Police or Fire Station	-	A	A	A	A	A	C	A	A	A	A	A	A	A	A	A	A³
Post Office	-	-	-	-	-	-	A	A	A	A	A	A	A	-	-	A	A³
Education Uses
College / University / Vocational School	§ 2-2-3-6	-	-	-	-	-	L	-	L	-	-	A	-	-	-	A	A³
School, Boarding	§ 2-2-3-6	-	L	-	L	S	-	-	-	-	-	-	-	-	-	S	A³
School, Middle	§ 2-2-3-6	S	S	S	S	S	L	L	L	C	C	-	-	-	-	S	A³
School, High	§ 2-2-3-6	L	-	-	-	C	L	C	C	C	C	-	-	-	-	S	A³
School, Pre-School or Elementary	§ 2-2-3-6	S	S	S	S	S	L	-	-	-	-	-	-	-	-	S	A³
Protective Care, Safehouse, and Shelter Uses
Protective Care	§ 2-2-3-7	-	-	-	-	-	-	-	-	-	-	-	C	-	-	L	A³
Safehouse	-	A	A	A	A	A	-	A	A	-	-	-	-	-	-	-	A³
Shelter	§ 2-2-3-7	-	C	-	-	L	-	C	L	-	-	-	-	L	-	L	A³
Natural Medicine Uses
Natural Medicine Healing Center	§ 2-2-3-20	-	-	-	-	-	-	-	-	L	-	L	-	-	-	-	L
Natural Medicine Cultivation Facility / Natural Medicine Testing Facility	§ 2-2-3-20	-	-	-	-	-	-	-	-	-	-	L	L	-	-	-	L
Health Care Uses
Assisted Living / Congregate Care	§ 2-2-3-8	L	L	L	S	S	-	L	L	C	C	-	-	-	-	L	A³
Hospitals / Clinics / Medical Labs / Urgent Care	§ 2-2-3-8	-	-	-	L⁵	L⁵	A	A	A	A	A	A	-	-	-	-	A³
Nursing Home	§ 2-2-3-8	-	L	-	L	S	-	L	L	-	-	S	-	L	-	-	A³
Office, Medical	-	-	-	-	-	-	A	A	A	A	A	A	L	-	-	-	A³

Table 2-1-3-4 Institutional, Education, Protective Care, Natural Medicine, and Health Care Uses
Land Use	Standards Reference¹	Zoning Districts
		Residential					Mixed-Use			Nonresidential				Agriculture and Open Space		Public and Planned
		²
TABLE NOTE: 1. This column contains a cross-reference to the standards that apply in districts in which the use is listed as special ("S"), limited ("L"), or conditional ("C"). 2. Special, Limited, or Conditional use standards may prohibit the use in certain EN zones. 3. May be allowed pursuant to PD approval process. 4. May be allowed in a single-family dwelling unit within a PD by special use permit. 5. Excluding hospitals.
Institutional Uses
Cemetery	-	-	-	-	-	-	-	-	-	-	-	-	-	A	A	A	A³
Day Care, Adult	§ 2-2-3-5	L	L	L	A	A	A	A	A	-	-	-	-	L	-	A	A³
Day Care, Child (6 or fewer attendees)	§ 2-2-3-5	S	S	S	S	S	S	S	S	-	-	-	-	S	-	-	A³/ S⁴
Day Care, Child (7 to 12 attendees)	§ 2-2-3-5	L	L	L	L	L	L	L	L	L	-	L	-	L	-	A	A³
Day Care, Child (13 or more attendees)	§ 2-2-3-5	L	L	L	L	L	L	L	L	L	-	L	-	L	-	A	A³
Funeral Home	§ 2-2-3-5	C	C	-	C	C	-	A	A	A	L	-	-	-	-	A	A³
Institutional Residential	§ 2-2-3-5	-	C	C	C	L	-	L	L	-	-	-	-	-	-	S	A³
Library	§ 2-2-3-5	-	S	-	S	A	S	A	A	-	-	-	-	-	-	A	A³
Place of Assembly	§ 2-2-3-5	L	L	L	L	S	L	A	A	L	C	L	C	-	-	A	A³
Police or Fire Station	-	A	A	A	A	A	C	A	A	A	A	A	A	A	A	A	A³
Post Office	-	-	-	-	-	-	A	A	A	A	A	A	A	-	-	A	A³
Education Uses
College / University / Vocational School	§ 2-2-3-6	-	-	-	-	-	L	-	L	-	-	A	-	-	-	A	A³
School, Boarding	§ 2-2-3-6	-	L	-	L	S	-	-	-	-	-	-	-	-	-	S	A³
School, Middle	§ 2-2-3-6	S	S	S	S	S	L	L	L	C	C	-	-	-	-	S	A³
School, High	§ 2-2-3-6	L	-	-	-	C	L	C	C	C	C	-	-	-	-	S	A³
School, Pre-School or Elementary	§ 2-2-3-6	S	S	S	S	S	L	-	-	-	-	-	-	-	-	S	A³
Protective Care, Safehouse, and Shelter Uses
Protective Care	§ 2-2-3-7	-	-	-	-	-	-	-	-	-	-	-	C	-	-	L	A³
Safehouse	-	A	A	A	A	A	-	A	A	-	-	-	-	-	-	-	A³
Shelter	§ 2-2-3-7	-	C	-	-	L	-	C	L	-	-	-	-	L	-	L	A³
Natural Medicine Uses
Natural Medicine Healing Center	§ 2-2-3-20	-	-	-	-	-	-	-	-	L	-	L	-	-	-	-	L
Natural Medicine Cultivation Facility / Natural Medicine Testing Facility	§ 2-2-3-20	-	-	-	-	-	-	-	-	-	-	L	L	-	-	-	L
Health Care Uses
Assisted Living / Congregate Care	§ 2-2-3-8	L	L	L	S	S	-	L	L	C	C	-	-	-	-	L	A³
Hospitals / Clinics / Medical Labs / Urgent Care	§ 2-2-3-8	-	-	-	L⁵	L⁵	A	A	A	A	A	A	-	-	-	-	A³
Nursing Home	§ 2-2-3-8	-	L	-	L	S	-	L	L	-	-	S	-	L	-	-	A³
Office, Medical	-	-	-	-	-	-	A	A	A	A	A	A	L	-	-	-	A³

Effective on: 6/15/2022

Sec. 2-1-3-5 Commercial Retail and Service, Marijuana, and Restaurant Use / Zone Matrix

Table 2-1-3-5, Commercial Retail and Service, Marijuana, and Restaurant Uses, is the use / zone matrix for commercial retail and service, marijuana, and restaurant uses.

Table 2-1-3-5 Commercial Retail and Service, Marijuana, and Restaurant Uses
Land Use	Standards Reference¹	Zoning Districts
		Residential					Mixed-Use			Nonresidential				Rural and Open Space		Public and Planned
		²
TABLE NOTES: 1. This column contains a cross-reference to the standards that apply in districts in which the use is listed as special ("S"), limited ("L"), or conditional ("C"). 2. Special, Limited, or Conditional use standards may prohibit the use in certain EN zones. 3. May be allowed pursuant to PD approval process.
Commercial Retail and Service Uses
Alcoholic Beverage Sales, On-Premise Consumption	§ 2-2-3-9	-	-	-	-	-	A	A	A	A	A	A	L	-	-	-	A³
Brewing / Distillery / Winery, Production with On-Premise Consumption	§ 2-2-3-9	-	-	-	-	-	L	L	L	L	L	-	L	-	-	-	A³
Commercial Retail	§ 2-2-3-9	-	-	-	-	-	A	A	A	A	A	S	-	-	-	-	A³
Commercial Retail, Drive-In or Drive-Through	§ 2-2-3-9	-	-	-	-	-	-	L	L	A	A	S	-	-	-	-	A³
Commercial Retail, Late Night / 24-Hour	§ 2-2-3-9	-	-	-	-	-	L	L	L	A	A	S	-	-	-	-	A³
Handicraft Shops with On-Premise Sales	§ 2-2-3-9	-	-	-	-	-	L	L	L	L	L		L				A³
Handcrafted Small Scale Food and Beverage Production with On-Premise Consumption	§ 2-2-3-9	-	-	-	-	-	L	L	L	L	L	-	L	-	-	-	A³
Kennel	§ 2-2-3-9	-	-	-	-	-	-	-	-	C	L	-	L	C	-	-	A³
Mixed-Use	§ 2-2-3-9	-	-	-	-	-	S	S	S	S	S	L	-	-	-	-	A³
Office, General	§ 2-2-3-9	-	-	-	-	-	A	A	A	A	A	A	L	-	-	A	A³
Outdoor Retail, Heavy	§ 2-2-3-9	-	-	-	-	-	-	-	-	L	A	-	S	-	-	-	A³
Outdoor Retail, Light	§ 2-2-3-9	-	-	-	-	-	L	L	L	L	A	L	-	-	-	-	A³
Services, Commercial	§ 2-2-3-9	-	-	-	-	-	A	A	A	A	A	A	L	-	-	-	A³
Services, Personal	§ 2-2-3-9	-	-	-	-	-	A	A	A	A	A	L	L	-	-	-	A³
Veterinarian, Small Animal (Dogs, Cats, Exotic Pets)	§ 2-2-3-9	-	-	-	-	-	S	A	A	A	A	S	L	C	-	-	A³
Marijuana Uses
Medical Marijuana Center	§ 2-2-3-10	-	-	-	-	-	L	L	L	L	L	L	L	-	-	-	A³
Retail Marijuana Store	§ 2-2-3-10	-	-	-	-	-	L	-	L	L	L	L	L	-	-	-	A³
Marijuana Testing Facility	§ 2-2-3-10	-	-	-	-	-	-	-	L	L	L	L	L	-	-	-	A³
Restaurant Uses
Restaurant; Drive-In or Drive-Through	§ 2-2-3-11	-	-	-	-	-	-	L	L	A	A	L	-	-	-	-	A³
Restaurant; Drive-In or Drive-Through, Late Night / 24-Hour	§ 2-2-3-11	-	-	-	-	-	-	L	L	A	A	L	-	-	-	-	A³
Restaurant, No Drive-In or Drive-Through	§ 2-2-3-11	-	-	-	-	-	A	A	A	A	A	S	L	-	-	-	A³
Food Truck Pod	§ 2-2-3-11	-	-	-	-	-	S	S	S	S	S	S	L	-	-	-	A³

Table 2-1-3-5 Commercial Retail and Service, Marijuana, and Restaurant Uses
Land Use	Standards Reference¹	Zoning Districts
		Residential					Mixed-Use			Nonresidential				Rural and Open Space		Public and Planned
		²
TABLE NOTES: 1. This column contains a cross-reference to the standards that apply in districts in which the use is listed as special ("S"), limited ("L"), or conditional ("C"). 2. Special, Limited, or Conditional use standards may prohibit the use in certain EN zones. 3. May be allowed pursuant to PD approval process.
Commercial Retail and Service Uses
Alcoholic Beverage Sales, On-Premise Consumption	§ 2-2-3-9	-	-	-	-	-	A	A	A	A	A	A	L	-	-	-	A³
Brewing / Distillery / Winery, Production with On-Premise Consumption	§ 2-2-3-9	-	-	-	-	-	L	L	L	L	L	-	L	-	-	-	A³
Commercial Retail	§ 2-2-3-9	-	-	-	-	-	A	A	A	A	A	S	-	-	-	-	A³
Commercial Retail, Drive-In or Drive-Through	§ 2-2-3-9	-	-	-	-	-	-	L	L	A	A	S	-	-	-	-	A³
Commercial Retail, Late Night / 24-Hour	§ 2-2-3-9	-	-	-	-	-	L	L	L	A	A	S	-	-	-	-	A³
Handicraft Shops with On-Premise Sales	§ 2-2-3-9	-	-	-	-	-	L	L	L	L	L		L				A³
Handcrafted Small Scale Food and Beverage Production with On-Premise Consumption	§ 2-2-3-9	-	-	-	-	-	L	L	L	L	L	-	L	-	-	-	A³
Kennel	§ 2-2-3-9	-	-	-	-	-	-	-	-	C	L	-	L	C	-	-	A³
Mixed-Use	§ 2-2-3-9	-	-	-	-	-	S	S	S	S	S	L	-	-	-	-	A³
Office, General	§ 2-2-3-9	-	-	-	-	-	A	A	A	A	A	A	L	-	-	A	A³
Outdoor Retail, Heavy	§ 2-2-3-9	-	-	-	-	-	-	-	-	L	A	-	S	-	-	-	A³
Outdoor Retail, Light	§ 2-2-3-9	-	-	-	-	-	L	L	L	L	A	L	-	-	-	-	A³
Services, Commercial	§ 2-2-3-9	-	-	-	-	-	A	A	A	A	A	A	L	-	-	-	A³
Services, Personal	§ 2-2-3-9	-	-	-	-	-	A	A	A	A	A	L	L	-	-	-	A³
Veterinarian, Small Animal (Dogs, Cats, Exotic Pets)	§ 2-2-3-9	-	-	-	-	-	S	A	A	A	A	S	L	C	-	-	A³
Marijuana Uses
Medical Marijuana Center	§ 2-2-3-10	-	-	-	-	-	L	L	L	L	L	L	L	-	-	-	A³
Retail Marijuana Store	§ 2-2-3-10	-	-	-	-	-	L	-	L	L	L	L	L	-	-	-	A³
Marijuana Testing Facility	§ 2-2-3-10	-	-	-	-	-	-	-	L	L	L	L	L	-	-	-	A³
Restaurant Uses
Restaurant; Drive-In or Drive-Through	§ 2-2-3-11	-	-	-	-	-	-	L	L	A	A	L	-	-	-	-	A³
Restaurant; Drive-In or Drive-Through, Late Night / 24-Hour	§ 2-2-3-11	-	-	-	-	-	-	L	L	A	A	L	-	-	-	-	A³
Restaurant, No Drive-In or Drive-Through	§ 2-2-3-11	-	-	-	-	-	A	A	A	A	A	S	L	-	-	-	A³
Food Truck Pod	§ 2-2-3-11	-	-	-	-	-	S	S	S	S	S	S	L	-	-	-	A³

Table 2-1-3-5 Commercial Retail and Service, Marijuana, and Restaurant Uses
Land Use	Standards Reference¹	Zoning Districts
		Residential					Mixed-Use			Nonresidential				Rural and Open Space		Public and Planned
		²
TABLE NOTES: 1. This column contains a cross-reference to the standards that apply in districts in which the use is listed as special ("S"), limited ("L"), or conditional ("C"). 2. Special, Limited, or Conditional use standards may prohibit the use in certain EN zones. 3. May be allowed pursuant to PD approval process.
Commercial Retail and Service Uses
Alcoholic Beverage Sales, On-Premise Consumption	§ 2-2-3-9	-	-	-	-	-	A	A	A	A	A	A	L	-	-	-	A³
Brewing / Distillery / Winery, Production with On-Premise Consumption	§ 2-2-3-9	-	-	-	-	-	L	L	L	L	L	-	L	-	-	-	A³
Commercial Retail	§ 2-2-3-9	-	-	-	-	-	A	A	A	A	A	S	-	-	-	-	A³
Commercial Retail, Drive-In or Drive-Through	§ 2-2-3-9	-	-	-	-	-	-	L	L	A	A	S	-	-	-	-	A³
Commercial Retail, Late Night / 24-Hour	§ 2-2-3-9	-	-	-	-	-	L	L	L	A	A	S	-	-	-	-	A³
Handicraft Shops with On-Premise Sales	§ 2-2-3-9	-	-	-	-	-	L	L	L	L	L		L				A³
Handcrafted Small Scale Food and Beverage Production with On-Premise Consumption	§ 2-2-3-9	-	-	-	-	-	L	L	L	L	L	-	L	-	-	-	A³
Kennel	§ 2-2-3-9	-	-	-	-	-	-	-	-	C	L	-	L	C	-	-	A³
Mixed-Use	§ 2-2-3-9	-	-	-	-	-	S	S	S	S	S	L	-	-	-	-	A³
Office, General	§ 2-2-3-9	-	-	-	-	-	A	A	A	A	A	A	L	-	-	A	A³
Outdoor Retail, Heavy	§ 2-2-3-9	-	-	-	-	-	-	-	-	L	A	-	S	-	-	-	A³
Outdoor Retail, Light	§ 2-2-3-9	-	-	-	-	-	L	L	L	L	A	L	-	-	-	-	A³
Services, Commercial	§ 2-2-3-9	-	-	-	-	-	A	A	A	A	A	A	L	-	-	-	A³
Services, Personal	§ 2-2-3-9	-	-	-	-	-	A	A	A	A	A	L	L	-	-	-	A³
Veterinarian, Small Animal (Dogs, Cats, Exotic Pets)	§ 2-2-3-9	-	-	-	-	-	S	A	A	A	A	S	L	C	-	-	A³
Marijuana Uses
Medical Marijuana Center	§ 2-2-3-10	-	-	-	-	-	L	L	L	L	L	L	L	-	-	-	A³
Retail Marijuana Store	§ 2-2-3-10	-	-	-	-	-	L	-	L	L	L	L	L	-	-	-	A³
Marijuana Testing Facility	§ 2-2-3-10	-	-	-	-	-	-	-	L	L	L	L	L	-	-	-	A³
Restaurant Uses
Restaurant; Drive-In or Drive-Through	§ 2-2-3-11	-	-	-	-	-	-	L	L	A	A	L	-	-	-	-	A³
Restaurant; Drive-In or Drive-Through, Late Night / 24-Hour	§ 2-2-3-11	-	-	-	-	-	-	L	L	A	A	L	-	-	-	-	A³
Restaurant, No Drive-In or Drive-Through	§ 2-2-3-11	-	-	-	-	-	A	A	A	A	A	S	L	-	-	-	A³
Food Truck Pod	§ 2-2-3-11	-	-	-	-	-	S	S	S	S	S	S	L	-	-	-	A³

Table 2-1-3-5 Commercial Retail and Service, Marijuana, and Restaurant Uses
Land Use	Standards Reference¹	Zoning Districts
		Residential					Mixed-Use			Nonresidential				Rural and Open Space		Public and Planned
		²
TABLE NOTES: 1. This column contains a cross-reference to the standards that apply in districts in which the use is listed as special ("S"), limited ("L"), or conditional ("C"). 2. Special, Limited, or Conditional use standards may prohibit the use in certain EN zones. 3. May be allowed pursuant to PD approval process.
Commercial Retail and Service Uses
Alcoholic Beverage Sales, On-Premise Consumption	§ 2-2-3-9	-	-	-	-	-	A	A	A	A	A	A	L	-	-	-	A³
Brewing / Distillery / Winery, Production with On-Premise Consumption	§ 2-2-3-9	-	-	-	-	-	L	L	L	L	L	-	L	-	-	-	A³
Commercial Retail	§ 2-2-3-9	-	-	-	-	-	A	A	A	A	A	S	-	-	-	-	A³
Commercial Retail, Drive-In or Drive-Through	§ 2-2-3-9	-	-	-	-	-	-	L	L	A	A	S	-	-	-	-	A³
Commercial Retail, Late Night / 24-Hour	§ 2-2-3-9	-	-	-	-	-	L	L	L	A	A	S	-	-	-	-	A³
Handicraft Shops with On-Premise Sales	§ 2-2-3-9	-	-	-	-	-	L	L	L	L	L		L				A³
Handcrafted Small Scale Food and Beverage Production with On-Premise Consumption	§ 2-2-3-9	-	-	-	-	-	L	L	L	L	L	-	L	-	-	-	A³
Kennel	§ 2-2-3-9	-	-	-	-	-	-	-	-	C	L	-	L	C	-	-	A³
Mixed-Use	§ 2-2-3-9	-	-	-	-	-	S	S	S	S	S	L	-	-	-	-	A³
Office, General	§ 2-2-3-9	-	-	-	-	-	A	A	A	A	A	A	L	-	-	A	A³
Outdoor Retail, Heavy	§ 2-2-3-9	-	-	-	-	-	-	-	-	L	A	-	S	-	-	-	A³
Outdoor Retail, Light	§ 2-2-3-9	-	-	-	-	-	L	L	L	L	A	L	-	-	-	-	A³
Services, Commercial	§ 2-2-3-9	-	-	-	-	-	A	A	A	A	A	A	L	-	-	-	A³
Services, Personal	§ 2-2-3-9	-	-	-	-	-	A	A	A	A	A	L	L	-	-	-	A³
Veterinarian, Small Animal (Dogs, Cats, Exotic Pets)	§ 2-2-3-9	-	-	-	-	-	S	A	A	A	A	S	L	C	-	-	A³
Marijuana Uses
Medical Marijuana Center	§ 2-2-3-10	-	-	-	-	-	L	L	L	L	L	L	L	-	-	-	A³
Retail Marijuana Store	§ 2-2-3-10	-	-	-	-	-	L	-	L	L	L	L	L	-	-	-	A³
Marijuana Testing Facility	§ 2-2-3-10	-	-	-	-	-	-	-	L	L	L	L	L	-	-	-	A³
Restaurant Uses
Restaurant; Drive-In or Drive-Through	§ 2-2-3-11	-	-	-	-	-	-	L	L	A	A	L	-	-	-	-	A³
Restaurant; Drive-In or Drive-Through, Late Night / 24-Hour	§ 2-2-3-11	-	-	-	-	-	-	L	L	A	A	L	-	-	-	-	A³
Restaurant, No Drive-In or Drive-Through	§ 2-2-3-11	-	-	-	-	-	A	A	A	A	A	S	L	-	-	-	A³
Food Truck Pod	§ 2-2-3-11	-	-	-	-	-	S	S	S	S	S	S	L	-	-	-	A³

Effective on: 4/14/2023

Sec. 2-1-3-6 Motor Vehicle and Heavy Equipment, and Recreation and Amusement Use / Zone Matrix

Table 2-1-3-6, Motor Vehicle and Heavy Equipment, and Recreation and Amusement Uses, is the use / zone matrix for motor vehicle and heavy equipment, and recreation and amusement uses.

Table 2-1-3-6 Motor Vehicle and Heavy Equipment, and Recreation and Amusement Uses
Land Use	Standards Reference¹	Zoning Districts
		Residential					Mixed-Use			Nonresidential				Rural and Open Space		Public and Planned
		²
TABLE NOTES: 1. This column contains a cross-reference to the standards that apply in districts in which the use is listed as special ("S"), limited ("L"), or conditional ("C"). 2. Special, Limited, or Conditional use standards may prohibit the use in certain EN zones. 3. May be allowed pursuant to PD approval process. 4. Indoor Recreation uses that are not locating in existing indoor recreation facilities are a C use. 5. Allowed as an accessory use
Motor Vehicle and Heavy Equipment Related Uses
Fueling Station	§ 2-2-3-12	-	-	-	-	-	-	-	-	A	A	S	A	-	-	-	A³
Motor Vehicle Repairs and Service, Heavy	§ 2-2-3-12	-	-	-	-	-	-	-	-	L	A	-	A	-	-	-	A³
Motor Vehicle Repairs and Service, Light	§ 2-2-3-12	-	-	-	-	-	-	-	-	S	A	-	A	-	-	-	A³
Motor Vehicle Sales or Rental, Commercial or Construction Vehicles or Heavy Equipment	§ 2-2-3-12	-	-	-	-	-	-	-	-	L	S	-	S	-	-	-	A³
Motor Vehicle Sales or Rental, Motorcycles, Scooters, Snowmobiles, and ATVs	§ 2-2-3-12	-	-	-	-	-	-	-	-	S	A	-	-	-	-	-	A³
Motor Vehicle Rental, Passenger Vehicles	§ 2-2-3-12	-	-	-	-	-	-	-	-	S	A	S	S	-	-	-	A³
Motor Vehicle Sales, Passenger Vehicles	§ 2-2-3-12	-	-	-	-	-	-	-	-	S	A	-	S	-	-	-	A³
Recreational Vehicle and Boat Sales and Rentals	§ 2-2-3-12	-	-	-	-	-	-	-	-	S	A	-	S	-	-	-	A³
Vehicle Wash	§ 2-2-3-12	-	-	-	-	-	-	-	-	S	A	L	S	-	-	-	A³
Direct Current Fast Charging (DCFC) Electric Vehicle (EV) Charging Station	§ 2-2-3-12	A⁵	A⁵	A⁵	A⁵	A⁵	A⁵	A⁵	A⁵	A	A	A	A	A⁵	-	A⁵	A³
Recreation and Amusement Uses
Amusement Park	§ 2-2-3-13	-	-	-	-	-	-	-	L	L	S	-	-	-	-	-	A³
Campground or RV Park	§ 2-2-3-13	-	-	-	-	-	-	-	-	-	-	-	-	C	C	C	A³
Driving Range	§ 2-2-3-13	-	-	-	-	-	-	-	-	L	A	L	-	L	-	A	A³
Fairgrounds	§ 2-2-3-13	-	-	-	-	-	-	-	L	-	-	-	-	C	-	L	A³
Health and Exercise Club / Instruction	§ 2-2-3-13	-	-	-	-	-	L	L	A	A	A	L	L	-	-	-	A³
Indoor Commercial Amusement	§ 2-2-3-13	-	-	-	-	-	A	L	L	A	A	-	-	-	-	-	A³
Indoor Recreation	§ 2-2-3-13	L⁴	L⁴	L	L	L	-	L	A	A	-	-	L	-	-	A	A³
Indoor Stadium, Arena, or Theater	§ 2-2-3-13	-	-	-	-	-	S	L	L	A	A	-	-	C	-	A	A³
Night Club	§ 2-2-3-13	-	-	-	-	-	A	-	L	L	A	-	-	-	-	-	A³
Outdoor Commercial Recreation	§ 2-2-3-13	-	-	-	-	-	-	-	L	L	L	L	-	L	-	L	A³
Outdoor Recreation	§ 2-2-3-13	L	L	L	L	L	S	S	S	A	A	A	A	A	L	A	A³
Outdoor Shooting / Archery Range / Paintball	§ 2-2-3-13	-	-	-	-	-	-	-	-	C	C	-	-	C	-	L	A³
Outdoor Stadium, Arena, Amphitheater, or Drive-In Theater	§ 2-2-3-13	-	-	-	-	-	-	-	-	C	C	L	-	C	-	L	A³
Race Track, Motor Vehicle	§ 2-2-3-13	-	-	-	-	-	-	-	-	-	C	-	C	-	-	C	A³
Railroad, Historic	§ 2-2-3-13	-	-	-	-	-	L	-	-	-	-	-	-	-	-	-	-
Sexually-Oriented Business	§ 2-2-3-13	-	-	-	-	-	-	-	-	-	-	-	S	-	-	-	-
Tours (Bus, Trolley, Van or Walking) and River Guide / Watercraft Rental	§ 2-2-3-13	-	-	-	-	-	S	-	S	S	S	-	-	-	-	S	A³
Zoo	NA	-	-	-	-	-	-	-	-	-	-	-	-	-	-	A	A³

Table 2-1-3-6 Motor Vehicle and Heavy Equipment, and Recreation and Amusement Uses
Land Use	Standards Reference¹	Zoning Districts
		Residential					Mixed-Use			Nonresidential				Rural and Open Space		Public and Planned
		²
TABLE NOTES: 1. This column contains a cross-reference to the standards that apply in districts in which the use is listed as special ("S"), limited ("L"), or conditional ("C"). 2. Special, Limited, or Conditional use standards may prohibit the use in certain EN zones. 3. May be allowed pursuant to PD approval process. 4. Indoor Recreation uses that are not locating in existing indoor recreation facilities are a C use. 5. Allowed as an accessory use
Motor Vehicle and Heavy Equipment Related Uses
Fueling Station	§ 2-2-3-12	-	-	-	-	-	-	-	-	A	A	S	A	-	-	-	A³
Motor Vehicle Repairs and Service, Heavy	§ 2-2-3-12	-	-	-	-	-	-	-	-	L	A	-	A	-	-	-	A³
Motor Vehicle Repairs and Service, Light	§ 2-2-3-12	-	-	-	-	-	-	-	-	S	A	-	A	-	-	-	A³
Motor Vehicle Sales or Rental, Commercial or Construction Vehicles or Heavy Equipment	§ 2-2-3-12	-	-	-	-	-	-	-	-	L	S	-	S	-	-	-	A³
Motor Vehicle Sales or Rental, Motorcycles, Scooters, Snowmobiles, and ATVs	§ 2-2-3-12	-	-	-	-	-	-	-	-	S	A	-	-	-	-	-	A³
Motor Vehicle Rental, Passenger Vehicles	§ 2-2-3-12	-	-	-	-	-	-	-	-	S	A	S	S	-	-	-	A³
Motor Vehicle Sales, Passenger Vehicles	§ 2-2-3-12	-	-	-	-	-	-	-	-	S	A	-	S	-	-	-	A³
Recreational Vehicle and Boat Sales and Rentals	§ 2-2-3-12	-	-	-	-	-	-	-	-	S	A	-	S	-	-	-	A³
Vehicle Wash	§ 2-2-3-12	-	-	-	-	-	-	-	-	S	A	L	S	-	-	-	A³
Direct Current Fast Charging (DCFC) Electric Vehicle (EV) Charging Station	§ 2-2-3-12	A⁵	A⁵	A⁵	A⁵	A⁵	A⁵	A⁵	A⁵	A	A	A	A	A⁵	-	A⁵	A³
Recreation and Amusement Uses
Amusement Park	§ 2-2-3-13	-	-	-	-	-	-	-	L	L	S	-	-	-	-	-	A³
Campground or RV Park	§ 2-2-3-13	-	-	-	-	-	-	-	-	-	-	-	-	C	C	C	A³
Driving Range	§ 2-2-3-13	-	-	-	-	-	-	-	-	L	A	L	-	L	-	A	A³
Fairgrounds	§ 2-2-3-13	-	-	-	-	-	-	-	L	-	-	-	-	C	-	L	A³
Health and Exercise Club / Instruction	§ 2-2-3-13	-	-	-	-	-	L	L	A	A	A	L	L	-	-	-	A³
Indoor Commercial Amusement	§ 2-2-3-13	-	-	-	-	-	A	L	L	A	A	-	-	-	-	-	A³
Indoor Recreation	§ 2-2-3-13	L⁴	L⁴	L	L	L	-	L	A	A	-	-	L	-	-	A	A³
Indoor Stadium, Arena, or Theater	§ 2-2-3-13	-	-	-	-	-	S	L	L	A	A	-	-	C	-	A	A³
Night Club	§ 2-2-3-13	-	-	-	-	-	A	-	L	L	A	-	-	-	-	-	A³
Outdoor Commercial Recreation	§ 2-2-3-13	-	-	-	-	-	-	-	L	L	L	L	-	L	-	L	A³
Outdoor Recreation	§ 2-2-3-13	L	L	L	L	L	S	S	S	A	A	A	A	A	L	A	A³
Outdoor Shooting / Archery Range / Paintball	§ 2-2-3-13	-	-	-	-	-	-	-	-	C	C	-	-	C	-	L	A³
Outdoor Stadium, Arena, Amphitheater, or Drive-In Theater	§ 2-2-3-13	-	-	-	-	-	-	-	-	C	C	L	-	C	-	L	A³
Race Track, Motor Vehicle	§ 2-2-3-13	-	-	-	-	-	-	-	-	-	C	-	C	-	-	C	A³
Railroad, Historic	§ 2-2-3-13	-	-	-	-	-	L	-	-	-	-	-	-	-	-	-	-
Sexually-Oriented Business	§ 2-2-3-13	-	-	-	-	-	-	-	-	-	-	-	S	-	-	-	-
Tours (Bus, Trolley, Van or Walking) and River Guide / Watercraft Rental	§ 2-2-3-13	-	-	-	-	-	S	-	S	S	S	-	-	-	-	S	A³
Zoo	NA	-	-	-	-	-	-	-	-	-	-	-	-	-	-	A	A³

Table 2-1-3-6 Motor Vehicle and Heavy Equipment, and Recreation and Amusement Uses
Land Use	Standards Reference¹	Zoning Districts
		Residential					Mixed-Use			Nonresidential				Rural and Open Space		Public and Planned
		²
TABLE NOTES: 1. This column contains a cross-reference to the standards that apply in districts in which the use is listed as special ("S"), limited ("L"), or conditional ("C"). 2. Special, Limited, or Conditional use standards may prohibit the use in certain EN zones. 3. May be allowed pursuant to PD approval process. 4. Indoor Recreation uses that are not locating in existing indoor recreation facilities are a C use. 5. Allowed as an accessory use
Motor Vehicle and Heavy Equipment Related Uses
Fueling Station	§ 2-2-3-12	-	-	-	-	-	-	-	-	A	A	S	A	-	-	-	A³
Motor Vehicle Repairs and Service, Heavy	§ 2-2-3-12	-	-	-	-	-	-	-	-	L	A	-	A	-	-	-	A³
Motor Vehicle Repairs and Service, Light	§ 2-2-3-12	-	-	-	-	-	-	-	-	S	A	-	A	-	-	-	A³
Motor Vehicle Sales or Rental, Commercial or Construction Vehicles or Heavy Equipment	§ 2-2-3-12	-	-	-	-	-	-	-	-	L	S	-	S	-	-	-	A³
Motor Vehicle Sales or Rental, Motorcycles, Scooters, Snowmobiles, and ATVs	§ 2-2-3-12	-	-	-	-	-	-	-	-	S	A	-	-	-	-	-	A³
Motor Vehicle Rental, Passenger Vehicles	§ 2-2-3-12	-	-	-	-	-	-	-	-	S	A	S	S	-	-	-	A³
Motor Vehicle Sales, Passenger Vehicles	§ 2-2-3-12	-	-	-	-	-	-	-	-	S	A	-	S	-	-	-	A³
Recreational Vehicle and Boat Sales and Rentals	§ 2-2-3-12	-	-	-	-	-	-	-	-	S	A	-	S	-	-	-	A³
Vehicle Wash	§ 2-2-3-12	-	-	-	-	-	-	-	-	S	A	L	S	-	-	-	A³
Direct Current Fast Charging (DCFC) Electric Vehicle (EV) Charging Station	§ 2-2-3-12	A⁵	A⁵	A⁵	A⁵	A⁵	A⁵	A⁵	A⁵	A	A	A	A	A⁵	-	A⁵	A³
Recreation and Amusement Uses
Amusement Park	§ 2-2-3-13	-	-	-	-	-	-	-	L	L	S	-	-	-	-	-	A³
Campground or RV Park	§ 2-2-3-13	-	-	-	-	-	-	-	-	-	-	-	-	C	C	C	A³
Driving Range	§ 2-2-3-13	-	-	-	-	-	-	-	-	L	A	L	-	L	-	A	A³
Fairgrounds	§ 2-2-3-13	-	-	-	-	-	-	-	L	-	-	-	-	C	-	L	A³
Health and Exercise Club / Instruction	§ 2-2-3-13	-	-	-	-	-	L	L	A	A	A	L	L	-	-	-	A³
Indoor Commercial Amusement	§ 2-2-3-13	-	-	-	-	-	A	L	L	A	A	-	-	-	-	-	A³
Indoor Recreation	§ 2-2-3-13	L⁴	L⁴	L	L	L	-	L	A	A	-	-	L	-	-	A	A³
Indoor Stadium, Arena, or Theater	§ 2-2-3-13	-	-	-	-	-	S	L	L	A	A	-	-	C	-	A	A³
Night Club	§ 2-2-3-13	-	-	-	-	-	A	-	L	L	A	-	-	-	-	-	A³
Outdoor Commercial Recreation	§ 2-2-3-13	-	-	-	-	-	-	-	L	L	L	L	-	L	-	L	A³
Outdoor Recreation	§ 2-2-3-13	L	L	L	L	L	S	S	S	A	A	A	A	A	L	A	A³
Outdoor Shooting / Archery Range / Paintball	§ 2-2-3-13	-	-	-	-	-	-	-	-	C	C	-	-	C	-	L	A³
Outdoor Stadium, Arena, Amphitheater, or Drive-In Theater	§ 2-2-3-13	-	-	-	-	-	-	-	-	C	C	L	-	C	-	L	A³
Race Track, Motor Vehicle	§ 2-2-3-13	-	-	-	-	-	-	-	-	-	C	-	C	-	-	C	A³
Railroad, Historic	§ 2-2-3-13	-	-	-	-	-	L	-	-	-	-	-	-	-	-	-	-
Sexually-Oriented Business	§ 2-2-3-13	-	-	-	-	-	-	-	-	-	-	-	S	-	-	-	-
Tours (Bus, Trolley, Van or Walking) and River Guide / Watercraft Rental	§ 2-2-3-13	-	-	-	-	-	S	-	S	S	S	-	-	-	-	S	A³
Zoo	NA	-	-	-	-	-	-	-	-	-	-	-	-	-	-	A	A³

Table 2-1-3-6 Motor Vehicle and Heavy Equipment, and Recreation and Amusement Uses
Land Use	Standards Reference¹	Zoning Districts
		Residential					Mixed-Use			Nonresidential				Rural and Open Space		Public and Planned
		²
TABLE NOTES: 1. This column contains a cross-reference to the standards that apply in districts in which the use is listed as special ("S"), limited ("L"), or conditional ("C"). 2. Special, Limited, or Conditional use standards may prohibit the use in certain EN zones. 3. May be allowed pursuant to PD approval process. 4. Indoor Recreation uses that are not locating in existing indoor recreation facilities are a C use. 5. Allowed as an accessory use
Motor Vehicle and Heavy Equipment Related Uses
Fueling Station	§ 2-2-3-12	-	-	-	-	-	-	-	-	A	A	S	A	-	-	-	A³
Motor Vehicle Repairs and Service, Heavy	§ 2-2-3-12	-	-	-	-	-	-	-	-	L	A	-	A	-	-	-	A³
Motor Vehicle Repairs and Service, Light	§ 2-2-3-12	-	-	-	-	-	-	-	-	S	A	-	A	-	-	-	A³
Motor Vehicle Sales or Rental, Commercial or Construction Vehicles or Heavy Equipment	§ 2-2-3-12	-	-	-	-	-	-	-	-	L	S	-	S	-	-	-	A³
Motor Vehicle Sales or Rental, Motorcycles, Scooters, Snowmobiles, and ATVs	§ 2-2-3-12	-	-	-	-	-	-	-	-	S	A	-	-	-	-	-	A³
Motor Vehicle Rental, Passenger Vehicles	§ 2-2-3-12	-	-	-	-	-	-	-	-	S	A	S	S	-	-	-	A³
Motor Vehicle Sales, Passenger Vehicles	§ 2-2-3-12	-	-	-	-	-	-	-	-	S	A	-	S	-	-	-	A³
Recreational Vehicle and Boat Sales and Rentals	§ 2-2-3-12	-	-	-	-	-	-	-	-	S	A	-	S	-	-	-	A³
Vehicle Wash	§ 2-2-3-12	-	-	-	-	-	-	-	-	S	A	L	S	-	-	-	A³
Direct Current Fast Charging (DCFC) Electric Vehicle (EV) Charging Station	§ 2-2-3-12	A⁵	A⁵	A⁵	A⁵	A⁵	A⁵	A⁵	A⁵	A	A	A	A	A⁵	-	A⁵	A³
Recreation and Amusement Uses
Amusement Park	§ 2-2-3-13	-	-	-	-	-	-	-	L	L	S	-	-	-	-	-	A³
Campground or RV Park	§ 2-2-3-13	-	-	-	-	-	-	-	-	-	-	-	-	C	C	C	A³
Driving Range	§ 2-2-3-13	-	-	-	-	-	-	-	-	L	A	L	-	L	-	A	A³
Fairgrounds	§ 2-2-3-13	-	-	-	-	-	-	-	L	-	-	-	-	C	-	L	A³
Health and Exercise Club / Instruction	§ 2-2-3-13	-	-	-	-	-	L	L	A	A	A	L	L	-	-	-	A³
Indoor Commercial Amusement	§ 2-2-3-13	-	-	-	-	-	A	L	L	A	A	-	-	-	-	-	A³
Indoor Recreation	§ 2-2-3-13	L⁴	L⁴	L	L	L	-	L	A	A	-	-	L	-	-	A	A³
Indoor Stadium, Arena, or Theater	§ 2-2-3-13	-	-	-	-	-	S	L	L	A	A	-	-	C	-	A	A³
Night Club	§ 2-2-3-13	-	-	-	-	-	A	-	L	L	A	-	-	-	-	-	A³
Outdoor Commercial Recreation	§ 2-2-3-13	-	-	-	-	-	-	-	L	L	L	L	-	L	-	L	A³
Outdoor Recreation	§ 2-2-3-13	L	L	L	L	L	S	S	S	A	A	A	A	A	L	A	A³
Outdoor Shooting / Archery Range / Paintball	§ 2-2-3-13	-	-	-	-	-	-	-	-	C	C	-	-	C	-	L	A³
Outdoor Stadium, Arena, Amphitheater, or Drive-In Theater	§ 2-2-3-13	-	-	-	-	-	-	-	-	C	C	L	-	C	-	L	A³
Race Track, Motor Vehicle	§ 2-2-3-13	-	-	-	-	-	-	-	-	-	C	-	C	-	-	C	A³
Railroad, Historic	§ 2-2-3-13	-	-	-	-	-	L	-	-	-	-	-	-	-	-	-	-
Sexually-Oriented Business	§ 2-2-3-13	-	-	-	-	-	-	-	-	-	-	-	S	-	-	-	-
Tours (Bus, Trolley, Van or Walking) and River Guide / Watercraft Rental	§ 2-2-3-13	-	-	-	-	-	S	-	S	S	S	-	-	-	-	S	A³
Zoo	NA	-	-	-	-	-	-	-	-	-	-	-	-	-	-	A	A³

Effective on: 10/22/2025

Sec. 2-1-3-7 Utility and Telecommunications Use / Zone Matrix

Table 2-1-3-7, Utility and Telecommunications Uses, is the use / zone matrix for utility and telecommunications uses.

Table 2-1-3-7 Utility and Telecommunications Uses
Land Use	Standards Reference¹	Zoning Districts
		Residential					Mixed-Use			Nonresidential				Rural and Open Space		Public and Planned
		²
TABLE NOTES: This column contains a cross-reference to the standards that apply in districts in which the use is listed as special ("S"), limited ("L"), or conditional ("C"). Special, Limited, or Conditional use standards may prohibit the use in certain EN zones. Special use review or limited use review may be applied to certain facilities. See Sec. 2-2-3-14. May be allowed pursuant to PD approval process.
Utility Uses, General
Potable Water Plant or Sanitary Sewer Plant	§ 2-2-3-14	-	-	-	-	-	-	-	-	-	-	-	L	-	-	L	A⁴
Small Power Production Facility	§ 2-2-3-14	-	-	-	-	-	-	-	-	C³	C³	C³	A	C³	-	L³	A⁴
Utility Uses, Major Electrical and Natural Gas Facilities
Electrical Substation	§ 2-2-3-14	L	L	L	L	L	-	-	-	L	L	S	S	C	-	L	A⁴
Electrical Transmission Lines	§ 2-2-3-14	C	C	C	C	C	C	C	C	C	C	C	L	C	C	L	A⁴
General Transmission Line (e.g. CO2 Line)	Division 4-4-10	S	S	S	S	S	S	S	S	S	S	S	S	S	S	S	A⁴
Natural Gas Compressor Station	Division 4-4-10	-	-	-	-	-	-	-	-	-	-	-	C	C	-	C	A⁴
Natural Gas Laterals	Division 4-4-10	S	S	S	S	S	S	S	S	S	S	S	S	S	S	S	A⁴
Natural Gas Mains	Division 4-4-10	C	C	C	C	C	C	C	C	C	C	C	L	L	L	L	A⁴
Telecommunication Uses
Broadcasting Center	§ 2-2-3-15	-	-	-	-	-	L	L	L	A	A	S	L	-	-	A	A⁴
Small Cell Tele-communications Facility	§ 2-2-3-15	S	S	S	S	S	S	S	S	S	S	S	S	S	S	S	S⁴
Telephone Exchange / Tele-communications Hotel / Server Farm	§ 2-2-3-15	-	-	-	-	-	L	-	-	A	-	A	A	-	-	-	A⁴
Wireless Tele-communications Facilities	§ 2-2-3-15	C	L	C	L	L	C	C	C	L	S	S	S	L	C	S	A⁴

Table 2-1-3-7 Utility and Telecommunications Uses
Land Use	Standards Reference¹	Zoning Districts
		Residential					Mixed-Use			Nonresidential				Rural and Open Space		Public and Planned
		²
TABLE NOTES: This column contains a cross-reference to the standards that apply in districts in which the use is listed as special ("S"), limited ("L"), or conditional ("C"). Special, Limited, or Conditional use standards may prohibit the use in certain EN zones. Special use review or limited use review may be applied to certain facilities. See Sec. 2-2-3-14. May be allowed pursuant to PD approval process.
Utility Uses, General
Potable Water Plant or Sanitary Sewer Plant	§ 2-2-3-14	-	-	-	-	-	-	-	-	-	-	-	L	-	-	L	A⁴
Small Power Production Facility	§ 2-2-3-14	-	-	-	-	-	-	-	-	C³	C³	C³	A	C³	-	L³	A⁴
Utility Uses, Major Electrical and Natural Gas Facilities
Electrical Substation	§ 2-2-3-14	L	L	L	L	L	-	-	-	L	L	S	S	C	-	L	A⁴
Electrical Transmission Lines	§ 2-2-3-14	C	C	C	C	C	C	C	C	C	C	C	L	C	C	L	A⁴
General Transmission Line (e.g. CO2 Line)	Division 4-4-10	S	S	S	S	S	S	S	S	S	S	S	S	S	S	S	A⁴
Natural Gas Compressor Station	Division 4-4-10	-	-	-	-	-	-	-	-	-	-	-	C	C	-	C	A⁴
Natural Gas Laterals	Division 4-4-10	S	S	S	S	S	S	S	S	S	S	S	S	S	S	S	A⁴
Natural Gas Mains	Division 4-4-10	C	C	C	C	C	C	C	C	C	C	C	L	L	L	L	A⁴
Telecommunication Uses
Broadcasting Center	§ 2-2-3-15	-	-	-	-	-	L	L	L	A	A	S	L	-	-	A	A⁴
Small Cell Tele-communications Facility	§ 2-2-3-15	S	S	S	S	S	S	S	S	S	S	S	S	S	S	S	S⁴
Telephone Exchange / Tele-communications Hotel / Server Farm	§ 2-2-3-15	-	-	-	-	-	L	-	-	A	-	A	A	-	-	-	A⁴
Wireless Tele-communications Facilities	§ 2-2-3-15	C	L	C	L	L	C	C	C	L	S	S	S	L	C	S	A⁴

Table 2-1-3-7 Utility and Telecommunications Uses
Land Use	Standards Reference¹	Zoning Districts
		Residential					Mixed-Use			Nonresidential				Rural and Open Space		Public and Planned
		²
TABLE NOTES: This column contains a cross-reference to the standards that apply in districts in which the use is listed as special ("S"), limited ("L"), or conditional ("C"). Special, Limited, or Conditional use standards may prohibit the use in certain EN zones. Special use review or limited use review may be applied to certain facilities. See Sec. 2-2-3-14. May be allowed pursuant to PD approval process.
Utility Uses, General
Potable Water Plant or Sanitary Sewer Plant	§ 2-2-3-14	-	-	-	-	-	-	-	-	-	-	-	L	-	-	L	A⁴
Small Power Production Facility	§ 2-2-3-14	-	-	-	-	-	-	-	-	C³	C³	C³	A	C³	-	L³	A⁴
Utility Uses, Major Electrical and Natural Gas Facilities
Electrical Substation	§ 2-2-3-14	L	L	L	L	L	-	-	-	L	L	S	S	C	-	L	A⁴
Electrical Transmission Lines	§ 2-2-3-14	C	C	C	C	C	C	C	C	C	C	C	L	C	C	L	A⁴
General Transmission Line (e.g. CO2 Line)	Division 4-4-10	S	S	S	S	S	S	S	S	S	S	S	S	S	S	S	A⁴
Natural Gas Compressor Station	Division 4-4-10	-	-	-	-	-	-	-	-	-	-	-	C	C	-	C	A⁴
Natural Gas Laterals	Division 4-4-10	S	S	S	S	S	S	S	S	S	S	S	S	S	S	S	A⁴
Natural Gas Mains	Division 4-4-10	C	C	C	C	C	C	C	C	C	C	C	L	L	L	L	A⁴
Telecommunication Uses
Broadcasting Center	§ 2-2-3-15	-	-	-	-	-	L	L	L	A	A	S	L	-	-	A	A⁴
Small Cell Tele-communications Facility	§ 2-2-3-15	S	S	S	S	S	S	S	S	S	S	S	S	S	S	S	S⁴
Telephone Exchange / Tele-communications Hotel / Server Farm	§ 2-2-3-15	-	-	-	-	-	L	-	-	A	-	A	A	-	-	-	A⁴
Wireless Tele-communications Facilities	§ 2-2-3-15	C	L	C	L	L	C	C	C	L	S	S	S	L	C	S	A⁴

Table 2-1-3-7 Utility and Telecommunications Uses
Land Use	Standards Reference¹	Zoning Districts
		Residential					Mixed-Use			Nonresidential				Rural and Open Space		Public and Planned
		²
TABLE NOTES: This column contains a cross-reference to the standards that apply in districts in which the use is listed as special ("S"), limited ("L"), or conditional ("C"). Special, Limited, or Conditional use standards may prohibit the use in certain EN zones. Special use review or limited use review may be applied to certain facilities. See Sec. 2-2-3-14. May be allowed pursuant to PD approval process.
Utility Uses, General
Potable Water Plant or Sanitary Sewer Plant	§ 2-2-3-14	-	-	-	-	-	-	-	-	-	-	-	L	-	-	L	A⁴
Small Power Production Facility	§ 2-2-3-14	-	-	-	-	-	-	-	-	C³	C³	C³	A	C³	-	L³	A⁴
Utility Uses, Major Electrical and Natural Gas Facilities
Electrical Substation	§ 2-2-3-14	L	L	L	L	L	-	-	-	L	L	S	S	C	-	L	A⁴
Electrical Transmission Lines	§ 2-2-3-14	C	C	C	C	C	C	C	C	C	C	C	L	C	C	L	A⁴
General Transmission Line (e.g. CO2 Line)	Division 4-4-10	S	S	S	S	S	S	S	S	S	S	S	S	S	S	S	A⁴
Natural Gas Compressor Station	Division 4-4-10	-	-	-	-	-	-	-	-	-	-	-	C	C	-	C	A⁴
Natural Gas Laterals	Division 4-4-10	S	S	S	S	S	S	S	S	S	S	S	S	S	S	S	A⁴
Natural Gas Mains	Division 4-4-10	C	C	C	C	C	C	C	C	C	C	C	L	L	L	L	A⁴
Telecommunication Uses
Broadcasting Center	§ 2-2-3-15	-	-	-	-	-	L	L	L	A	A	S	L	-	-	A	A⁴
Small Cell Tele-communications Facility	§ 2-2-3-15	S	S	S	S	S	S	S	S	S	S	S	S	S	S	S	S⁴
Telephone Exchange / Tele-communications Hotel / Server Farm	§ 2-2-3-15	-	-	-	-	-	L	-	-	A	-	A	A	-	-	-	A⁴
Wireless Tele-communications Facilities	§ 2-2-3-15	C	L	C	L	L	C	C	C	L	S	S	S	L	C	S	A⁴

Effective on: 4/30/2019

Sec. 2-1-3-8 Industrial, Wholesale, and Solid Waste Processing and Recycling Use / Zone Matrix

Table 2-1-3-8, Industrial, Wholesale, and Solid Waste Processing and Recycling Uses, is the use / zone matrix for industrial, wholesale, and solid waste and recycling uses.

Table 2-1-3-8 Industrial, Wholesale, and Solid Waste Processing and Recycling Uses
Land Use	Standards Reference¹	Zoning Districts
		Residential					Mixed-Use			Nonresidential				Rural and Open Space		Public and Planned

TABLE NOTES: This column contains a cross-reference to the standards that apply in districts in which the use is listed as special ("S"), limited ("L"), or conditional ("C"). May be allowed pursuant to PD approval process.
Industrial and Wholesale Uses
Brewery / Distillery / Winery	§ 2-2-3-16	-	-	-	-	-	-	-	-	-	-	S	A	-	-	-	A²
Extraction, Coal, Gravel, Minerals, or Sand	§ 2-2-3-16	-	-	-	-	-	-	-	-	-	-	-	C	C	C	-	A²
Extraction, Minor Oil and Gas Facility	Division 4-4-10	-	-	L	L	L	-	-	-	L	L	L	L	L	L	L	A²
Extraction, Major Oil and Gas Facility	Division 4-4-10	-	-	C	C	C	-	-	-	C	C	C	C	C	C	C	C
Heavy Industry	§ 2-2-3-16	-	-	-	-	-	-	-	-	-	-	C	L	-	-	-	A²
Light Industry	§ 2-2-3-16	-	-	-	-	-	-	-	-	-	L	A	A	-	-	-	A²
Wholesale	§ 2-2-3-16	-	-	-	-	-	-	-	-	C	L	A	A	-	-	-	A²
Solid Waste Processing and Recycling Uses
Composting Facility	§ 2-2-3-17	-	-	-	-	-	-	-	-	-	-	-	A	L	-	L	A²
Disposal	§ 2-2-3-17	-	-	-	-	-	-	-	-	-	-	-	C	-	-	L	A²
Recycling Collection and / or Processing, Attended	§ 2-2-3-17	-	-	-	-	-	-	-	-	-	-	C	A	-	-	A	A²
Recycling Collection, Unattended	§ 2-2-3-17	-	-	-	-	C	L	L	L	L	A	A	A	-	-	A	A²
Salvage Yard	§ 2-2-3-17	-	-	-	-	-	-	-	-	-	-	-	C	-	-	-	A²
Waste Transfer Station	§ 2-2-3-17	-	-	-	-	-	-	-	-	-	-	-	L	-	-	L	A²

Table 2-1-3-8 Industrial, Wholesale, and Solid Waste Processing and Recycling Uses
Land Use	Standards Reference¹	Zoning Districts
		Residential					Mixed-Use			Nonresidential				Rural and Open Space		Public and Planned

TABLE NOTES: This column contains a cross-reference to the standards that apply in districts in which the use is listed as special ("S"), limited ("L"), or conditional ("C"). May be allowed pursuant to PD approval process.
Industrial and Wholesale Uses
Brewery / Distillery / Winery	§ 2-2-3-16	-	-	-	-	-	-	-	-	-	-	S	A	-	-	-	A²
Extraction, Coal, Gravel, Minerals, or Sand	§ 2-2-3-16	-	-	-	-	-	-	-	-	-	-	-	C	C	C	-	A²
Extraction, Minor Oil and Gas Facility	Division 4-4-10	-	-	L	L	L	-	-	-	L	L	L	L	L	L	L	A²
Extraction, Major Oil and Gas Facility	Division 4-4-10	-	-	C	C	C	-	-	-	C	C	C	C	C	C	C	C
Heavy Industry	§ 2-2-3-16	-	-	-	-	-	-	-	-	-	-	C	L	-	-	-	A²
Light Industry	§ 2-2-3-16	-	-	-	-	-	-	-	-	-	L	A	A	-	-	-	A²
Wholesale	§ 2-2-3-16	-	-	-	-	-	-	-	-	C	L	A	A	-	-	-	A²
Solid Waste Processing and Recycling Uses
Composting Facility	§ 2-2-3-17	-	-	-	-	-	-	-	-	-	-	-	A	L	-	L	A²
Disposal	§ 2-2-3-17	-	-	-	-	-	-	-	-	-	-	-	C	-	-	L	A²
Recycling Collection and / or Processing, Attended	§ 2-2-3-17	-	-	-	-	-	-	-	-	-	-	C	A	-	-	A	A²
Recycling Collection, Unattended	§ 2-2-3-17	-	-	-	-	C	L	L	L	L	A	A	A	-	-	A	A²
Salvage Yard	§ 2-2-3-17	-	-	-	-	-	-	-	-	-	-	-	C	-	-	-	A²
Waste Transfer Station	§ 2-2-3-17	-	-	-	-	-	-	-	-	-	-	-	L	-	-	L	A²

Table 2-1-3-8 Industrial, Wholesale, and Solid Waste Processing and Recycling Uses
Land Use	Standards Reference¹	Zoning Districts
		Residential					Mixed-Use			Nonresidential				Rural and Open Space		Public and Planned

TABLE NOTES: This column contains a cross-reference to the standards that apply in districts in which the use is listed as special ("S"), limited ("L"), or conditional ("C"). May be allowed pursuant to PD approval process.
Industrial and Wholesale Uses
Brewery / Distillery / Winery	§ 2-2-3-16	-	-	-	-	-	-	-	-	-	-	S	A	-	-	-	A²
Extraction, Coal, Gravel, Minerals, or Sand	§ 2-2-3-16	-	-	-	-	-	-	-	-	-	-	-	C	C	C	-	A²
Extraction, Minor Oil and Gas Facility	Division 4-4-10	-	-	L	L	L	-	-	-	L	L	L	L	L	L	L	A²
Extraction, Major Oil and Gas Facility	Division 4-4-10	-	-	C	C	C	-	-	-	C	C	C	C	C	C	C	C
Heavy Industry	§ 2-2-3-16	-	-	-	-	-	-	-	-	-	-	C	L	-	-	-	A²
Light Industry	§ 2-2-3-16	-	-	-	-	-	-	-	-	-	L	A	A	-	-	-	A²
Wholesale	§ 2-2-3-16	-	-	-	-	-	-	-	-	C	L	A	A	-	-	-	A²
Solid Waste Processing and Recycling Uses
Composting Facility	§ 2-2-3-17	-	-	-	-	-	-	-	-	-	-	-	A	L	-	L	A²
Disposal	§ 2-2-3-17	-	-	-	-	-	-	-	-	-	-	-	C	-	-	L	A²
Recycling Collection and / or Processing, Attended	§ 2-2-3-17	-	-	-	-	-	-	-	-	-	-	C	A	-	-	A	A²
Recycling Collection, Unattended	§ 2-2-3-17	-	-	-	-	C	L	L	L	L	A	A	A	-	-	A	A²
Salvage Yard	§ 2-2-3-17	-	-	-	-	-	-	-	-	-	-	-	C	-	-	-	A²
Waste Transfer Station	§ 2-2-3-17	-	-	-	-	-	-	-	-	-	-	-	L	-	-	L	A²

Table 2-1-3-8 Industrial, Wholesale, and Solid Waste Processing and Recycling Uses
Land Use	Standards Reference¹	Zoning Districts
		Residential					Mixed-Use			Nonresidential				Rural and Open Space		Public and Planned

TABLE NOTES: This column contains a cross-reference to the standards that apply in districts in which the use is listed as special ("S"), limited ("L"), or conditional ("C"). May be allowed pursuant to PD approval process.
Industrial and Wholesale Uses
Brewery / Distillery / Winery	§ 2-2-3-16	-	-	-	-	-	-	-	-	-	-	S	A	-	-	-	A²
Extraction, Coal, Gravel, Minerals, or Sand	§ 2-2-3-16	-	-	-	-	-	-	-	-	-	-	-	C	C	C	-	A²
Extraction, Minor Oil and Gas Facility	Division 4-4-10	-	-	L	L	L	-	-	-	L	L	L	L	L	L	L	A²
Extraction, Major Oil and Gas Facility	Division 4-4-10	-	-	C	C	C	-	-	-	C	C	C	C	C	C	C	C
Heavy Industry	§ 2-2-3-16	-	-	-	-	-	-	-	-	-	-	C	L	-	-	-	A²
Light Industry	§ 2-2-3-16	-	-	-	-	-	-	-	-	-	L	A	A	-	-	-	A²
Wholesale	§ 2-2-3-16	-	-	-	-	-	-	-	-	C	L	A	A	-	-	-	A²
Solid Waste Processing and Recycling Uses
Composting Facility	§ 2-2-3-17	-	-	-	-	-	-	-	-	-	-	-	A	L	-	L	A²
Disposal	§ 2-2-3-17	-	-	-	-	-	-	-	-	-	-	-	C	-	-	L	A²
Recycling Collection and / or Processing, Attended	§ 2-2-3-17	-	-	-	-	-	-	-	-	-	-	C	A	-	-	A	A²
Recycling Collection, Unattended	§ 2-2-3-17	-	-	-	-	C	L	L	L	L	A	A	A	-	-	A	A²
Salvage Yard	§ 2-2-3-17	-	-	-	-	-	-	-	-	-	-	-	C	-	-	-	A²
Waste Transfer Station	§ 2-2-3-17	-	-	-	-	-	-	-	-	-	-	-	L	-	-	L	A²

Effective on: 7/1/2014

Sec. 2-1-3-9 Storage, Transportation, and Logistics Use / Zone Matrix

Table 2-1-3-9, Storage, Transportation and Logistics, is the use / zone matrix for storage, transportation, and logistics uses.

Table 2-1-3-9 Storage, Transportation and Logistics Uses
Land Use	Standards Reference¹	Zoning Districts
		Residential					Mixed-Use			Nonresidential				Rural and Open Space		Public and Planned

TABLE NOTES: This column contains a cross-reference to the standards that apply in districts in which the use is listed as special ("S"), limited ("L"), or conditional ("C"). May be allowed pursuant to PD approval process.
Airport	§ 2-2-3-18	-	-	-	-	-	-	-	-	-	-	-	C	C	-	C	A²
Airstrip	§ 2-2-3-18	-	-	-	-	-	-	-	-	-	-	-	C	L	-	L	A²
Heliport	§ 2-2-3-18	-	-	-	-	-	-	-	-	-	-	-	-	-	-	C	A²
Helistop	§ 2-2-3-18	-	-	-	-	-	-	-	-	-	-	S	S	-	-	S	A²
Taxi or Bus Station	§ 2-2-3-18	-	-	-	-	-	A	L	A	A	A	A	L	-	-	A	A²
Truck Stop	§ 2-2-3-18	-	-	-	-	-	-	-	-	L	L	L	L	-	-	-	A²
Package Delivery, Small	§ 2-2-3-18	-	-	-	-	-	L	L	L	L	L	A	A	-	-	-	A²
Parking Lot	§ 2-2-3-18	-	-	-	-	L	L	L	L	L	A	A	A	-	-	A	A²
Parking Structure	§ 2-2-3-18	-	-	-	-	C	L	C	C	A	A	A	A	-	-	A	A²
Rail Station	§ 2-2-3-18	-	-	-	-	-	L	-	-	-	-	-	-	-	-	-	A²
Self-Storage, Outside Access	§ 2-2-3-18	-	-	-	-	-	-	-	-	C	-	L	A	-	-	-	A²
Self-Storage, Interior Access	§ 2-2-3-18	-	-	-	-	-	S	S	S	A	A	A	A	-	-	-	A²
Storage Yard	§ 2-2-3-18	-	-	-	-	-	-	-	-	-	-	C	L	-	-	L	A²
Warehousing / Distribution	§ 2-2-3-18	-	-	-	-	-	-	-	-	L	L	A	A	-	-	-	A²

Table 2-1-3-9 Storage, Transportation and Logistics Uses
Land Use	Standards Reference¹	Zoning Districts
		Residential					Mixed-Use			Nonresidential				Rural and Open Space		Public and Planned

TABLE NOTES: This column contains a cross-reference to the standards that apply in districts in which the use is listed as special ("S"), limited ("L"), or conditional ("C"). May be allowed pursuant to PD approval process.
Airport	§ 2-2-3-18	-	-	-	-	-	-	-	-	-	-	-	C	C	-	C	A²
Airstrip	§ 2-2-3-18	-	-	-	-	-	-	-	-	-	-	-	C	L	-	L	A²
Heliport	§ 2-2-3-18	-	-	-	-	-	-	-	-	-	-	-	-	-	-	C	A²
Helistop	§ 2-2-3-18	-	-	-	-	-	-	-	-	-	-	S	S	-	-	S	A²
Taxi or Bus Station	§ 2-2-3-18	-	-	-	-	-	A	L	A	A	A	A	L	-	-	A	A²
Truck Stop	§ 2-2-3-18	-	-	-	-	-	-	-	-	L	L	L	L	-	-	-	A²
Package Delivery, Small	§ 2-2-3-18	-	-	-	-	-	L	L	L	L	L	A	A	-	-	-	A²
Parking Lot	§ 2-2-3-18	-	-	-	-	L	L	L	L	L	A	A	A	-	-	A	A²
Parking Structure	§ 2-2-3-18	-	-	-	-	C	L	C	C	A	A	A	A	-	-	A	A²
Rail Station	§ 2-2-3-18	-	-	-	-	-	L	-	-	-	-	-	-	-	-	-	A²
Self-Storage, Outside Access	§ 2-2-3-18	-	-	-	-	-	-	-	-	C	-	L	A	-	-	-	A²
Self-Storage, Interior Access	§ 2-2-3-18	-	-	-	-	-	S	S	S	A	A	A	A	-	-	-	A²
Storage Yard	§ 2-2-3-18	-	-	-	-	-	-	-	-	-	-	C	L	-	-	L	A²
Warehousing / Distribution	§ 2-2-3-18	-	-	-	-	-	-	-	-	L	L	A	A	-	-	-	A²

Table 2-1-3-9 Storage, Transportation and Logistics Uses
Land Use	Standards Reference¹	Zoning Districts
		Residential					Mixed-Use			Nonresidential				Rural and Open Space		Public and Planned

TABLE NOTES: This column contains a cross-reference to the standards that apply in districts in which the use is listed as special ("S"), limited ("L"), or conditional ("C"). May be allowed pursuant to PD approval process.
Airport	§ 2-2-3-18	-	-	-	-	-	-	-	-	-	-	-	C	C	-	C	A²
Airstrip	§ 2-2-3-18	-	-	-	-	-	-	-	-	-	-	-	C	L	-	L	A²
Heliport	§ 2-2-3-18	-	-	-	-	-	-	-	-	-	-	-	-	-	-	C	A²
Helistop	§ 2-2-3-18	-	-	-	-	-	-	-	-	-	-	S	S	-	-	S	A²
Taxi or Bus Station	§ 2-2-3-18	-	-	-	-	-	A	L	A	A	A	A	L	-	-	A	A²
Truck Stop	§ 2-2-3-18	-	-	-	-	-	-	-	-	L	L	L	L	-	-	-	A²
Package Delivery, Small	§ 2-2-3-18	-	-	-	-	-	L	L	L	L	L	A	A	-	-	-	A²
Parking Lot	§ 2-2-3-18	-	-	-	-	L	L	L	L	L	A	A	A	-	-	A	A²
Parking Structure	§ 2-2-3-18	-	-	-	-	C	L	C	C	A	A	A	A	-	-	A	A²
Rail Station	§ 2-2-3-18	-	-	-	-	-	L	-	-	-	-	-	-	-	-	-	A²
Self-Storage, Outside Access	§ 2-2-3-18	-	-	-	-	-	-	-	-	C	-	L	A	-	-	-	A²
Self-Storage, Interior Access	§ 2-2-3-18	-	-	-	-	-	S	S	S	A	A	A	A	-	-	-	A²
Storage Yard	§ 2-2-3-18	-	-	-	-	-	-	-	-	-	-	C	L	-	-	L	A²
Warehousing / Distribution	§ 2-2-3-18	-	-	-	-	-	-	-	-	L	L	A	A	-	-	-	A²

Table 2-1-3-9 Storage, Transportation and Logistics Uses
Land Use	Standards Reference¹	Zoning Districts
		Residential					Mixed-Use			Nonresidential				Rural and Open Space		Public and Planned

TABLE NOTES: This column contains a cross-reference to the standards that apply in districts in which the use is listed as special ("S"), limited ("L"), or conditional ("C"). May be allowed pursuant to PD approval process.
Airport	§ 2-2-3-18	-	-	-	-	-	-	-	-	-	-	-	C	C	-	C	A²
Airstrip	§ 2-2-3-18	-	-	-	-	-	-	-	-	-	-	-	C	L	-	L	A²
Heliport	§ 2-2-3-18	-	-	-	-	-	-	-	-	-	-	-	-	-	-	C	A²
Helistop	§ 2-2-3-18	-	-	-	-	-	-	-	-	-	-	S	S	-	-	S	A²
Taxi or Bus Station	§ 2-2-3-18	-	-	-	-	-	A	L	A	A	A	A	L	-	-	A	A²
Truck Stop	§ 2-2-3-18	-	-	-	-	-	-	-	-	L	L	L	L	-	-	-	A²
Package Delivery, Small	§ 2-2-3-18	-	-	-	-	-	L	L	L	L	L	A	A	-	-	-	A²
Parking Lot	§ 2-2-3-18	-	-	-	-	L	L	L	L	L	A	A	A	-	-	A	A²
Parking Structure	§ 2-2-3-18	-	-	-	-	C	L	C	C	A	A	A	A	-	-	A	A²
Rail Station	§ 2-2-3-18	-	-	-	-	-	L	-	-	-	-	-	-	-	-	-	A²
Self-Storage, Outside Access	§ 2-2-3-18	-	-	-	-	-	-	-	-	C	-	L	A	-	-	-	A²
Self-Storage, Interior Access	§ 2-2-3-18	-	-	-	-	-	S	S	S	A	A	A	A	-	-	-	A²
Storage Yard	§ 2-2-3-18	-	-	-	-	-	-	-	-	-	-	C	L	-	-	L	A²
Warehousing / Distribution	§ 2-2-3-18	-	-	-	-	-	-	-	-	L	L	A	A	-	-	-	A²

Effective on: 12/6/2017

Sec. 2-1-3-10 Agricultural Use / Zone Matrix

Table 2-1-3-10, Agriculture, is the use / zone matrix for agricultural uses.

Table 2-1-3-10 Agriculture Uses
Land Use	Standards Reference¹	Zoning Districts
		Residential					Mixed-Use			Nonresidential				Rural and Open Space		Public and Planned
		²
TABLE NOTES: This column contains a cross-reference to the standards that apply in districts in which the use is listed as special ("S"), limited ("L"), or conditional ("C"). Special, Limited, or Conditional use standards may prohibit the use in certain EN zones. May be allowed pursuant to PD approval process.
Apiaries	§ 2-2-3-19	-	-	-	-	-	-	-	-	-	-	-	-	A	L	-	A³
Community Garden	§ 2-2-3-19	L	S	L	S	S	S	S	S	S	S	S	S	A	-	A	A³
Dairy	-	-	-	-	-	-	-	-	-	-	-	A	A	A	-	-	A³
Farm / Ranch	-	-	-	-	-	-	-	-	-	-	-	-	-	A	-	-	A³
Feed and Seed Store	-	-	-	-	-	-	-	-	-	A	A	-	-	A	-	-	A³
Packing, Flowers, Fruits, Nuts, Grains, and Vegetables	§ 2-2-3-19	-	-	-	-	-	-	-	-	-	S	A	A	A	-	-	A³
Packing or Processing, Meat	§ 2-2-3-19	-	-	-	-	-	-	-	-	-	L	-	A	C	-	-	A³
Veterinarian, Large Animal / Livestock	§ 2-2-3-19	-	-	-	-	-	-	-	-	-	S	-	-	A	-	-	A³
Wholesale Greenhouse or Nursery	§ 2-2-3-19	-	-	-	-	-	-	-	-	-	-	-	L	L	-	-	A³

Table 2-1-3-10 Agriculture Uses
Land Use	Standards Reference¹	Zoning Districts
		Residential					Mixed-Use			Nonresidential				Rural and Open Space		Public and Planned
		²
TABLE NOTES: This column contains a cross-reference to the standards that apply in districts in which the use is listed as special ("S"), limited ("L"), or conditional ("C"). Special, Limited, or Conditional use standards may prohibit the use in certain EN zones. May be allowed pursuant to PD approval process.
Apiaries	§ 2-2-3-19	-	-	-	-	-	-	-	-	-	-	-	-	A	L	-	A³
Community Garden	§ 2-2-3-19	L	S	L	S	S	S	S	S	S	S	S	S	A	-	A	A³
Dairy	-	-	-	-	-	-	-	-	-	-	-	A	A	A	-	-	A³
Farm / Ranch	-	-	-	-	-	-	-	-	-	-	-	-	-	A	-	-	A³
Feed and Seed Store	-	-	-	-	-	-	-	-	-	A	A	-	-	A	-	-	A³
Packing, Flowers, Fruits, Nuts, Grains, and Vegetables	§ 2-2-3-19	-	-	-	-	-	-	-	-	-	S	A	A	A	-	-	A³
Packing or Processing, Meat	§ 2-2-3-19	-	-	-	-	-	-	-	-	-	L	-	A	C	-	-	A³
Veterinarian, Large Animal / Livestock	§ 2-2-3-19	-	-	-	-	-	-	-	-	-	S	-	-	A	-	-	A³
Wholesale Greenhouse or Nursery	§ 2-2-3-19	-	-	-	-	-	-	-	-	-	-	-	L	L	-	-	A³

Table 2-1-3-10 Agriculture Uses
Land Use	Standards Reference¹	Zoning Districts
		Residential					Mixed-Use			Nonresidential				Rural and Open Space		Public and Planned
		²
TABLE NOTES: This column contains a cross-reference to the standards that apply in districts in which the use is listed as special ("S"), limited ("L"), or conditional ("C"). Special, Limited, or Conditional use standards may prohibit the use in certain EN zones. May be allowed pursuant to PD approval process.
Apiaries	§ 2-2-3-19	-	-	-	-	-	-	-	-	-	-	-	-	A	L	-	A³
Community Garden	§ 2-2-3-19	L	S	L	S	S	S	S	S	S	S	S	S	A	-	A	A³
Dairy	-	-	-	-	-	-	-	-	-	-	-	A	A	A	-	-	A³
Farm / Ranch	-	-	-	-	-	-	-	-	-	-	-	-	-	A	-	-	A³
Feed and Seed Store	-	-	-	-	-	-	-	-	-	A	A	-	-	A	-	-	A³
Packing, Flowers, Fruits, Nuts, Grains, and Vegetables	§ 2-2-3-19	-	-	-	-	-	-	-	-	-	S	A	A	A	-	-	A³
Packing or Processing, Meat	§ 2-2-3-19	-	-	-	-	-	-	-	-	-	L	-	A	C	-	-	A³
Veterinarian, Large Animal / Livestock	§ 2-2-3-19	-	-	-	-	-	-	-	-	-	S	-	-	A	-	-	A³
Wholesale Greenhouse or Nursery	§ 2-2-3-19	-	-	-	-	-	-	-	-	-	-	-	L	L	-	-	A³

Table 2-1-3-10 Agriculture Uses
Land Use	Standards Reference¹	Zoning Districts
		Residential					Mixed-Use			Nonresidential				Rural and Open Space		Public and Planned
		²
TABLE NOTES: This column contains a cross-reference to the standards that apply in districts in which the use is listed as special ("S"), limited ("L"), or conditional ("C"). Special, Limited, or Conditional use standards may prohibit the use in certain EN zones. May be allowed pursuant to PD approval process.
Apiaries	§ 2-2-3-19	-	-	-	-	-	-	-	-	-	-	-	-	A	L	-	A³
Community Garden	§ 2-2-3-19	L	S	L	S	S	S	S	S	S	S	S	S	A	-	A	A³
Dairy	-	-	-	-	-	-	-	-	-	-	-	A	A	A	-	-	A³
Farm / Ranch	-	-	-	-	-	-	-	-	-	-	-	-	-	A	-	-	A³
Feed and Seed Store	-	-	-	-	-	-	-	-	-	A	A	-	-	A	-	-	A³
Packing, Flowers, Fruits, Nuts, Grains, and Vegetables	§ 2-2-3-19	-	-	-	-	-	-	-	-	-	S	A	A	A	-	-	A³
Packing or Processing, Meat	§ 2-2-3-19	-	-	-	-	-	-	-	-	-	L	-	A	C	-	-	A³
Veterinarian, Large Animal / Livestock	§ 2-2-3-19	-	-	-	-	-	-	-	-	-	S	-	-	A	-	-	A³
Wholesale Greenhouse or Nursery	§ 2-2-3-19	-	-	-	-	-	-	-	-	-	-	-	L	L	-	-	A³

Effective on: 7/1/2014

Sec. 2-1-3-11 Essential Services

Essential services are allowed in all zones.

Effective on: 7/1/2014

Sec. 2-1-3-12 Uses That Are Not Allowed in Any Zone

The following uses are not allowed in any zone in the City of Durango:

1. Disposal of radioactive wastes;
2. Intensive agriculture;
3. Slaughterhouse;
4. Incinerators;
5. Medical marijuana cultivation facility;
6. Marijuana cultivation facilities; and
7. Marijuana product manufacturing facilities

Effective on: 9/17/2014

Sec. 2-1-3-13 Uses That Are Not Listed

Generally.

If a proposed use is not listed in a use / zone matrix within this Division, then the Administrator shall decide whether the proposed use is functionally comparable to a use that is listed.
A proposed use is functionally comparable to a use that is allowed if it is reasonably comparable to the use, and with regard to each of the decision criteria enumerated in Subsection B., the proposed use has no greater impacts than the use with which it is functionally comparable.

Decision Criteria. The following decision criteria shall be evaluated when the Administrator decides whether a proposed use is a subcategory of, or is functionally comparable to, an allowed use:

Parking demand;
Average daily and peak hour trip generation (cars and trucks);
Impervious surface;
Noise;
Vibration;
Lighting;
Dust;
Odors;
Vibration;
Potentially hazardous conditions, such as projectiles leaving the site;
Use and storage of hazardous materials;
Character of buildings and structures;
Character of operation; and
Hours of operation.

Effect of Determination.

If the Administrator approves an application for a decision pursuant to this Section, then the use is allowed, subject to the same standards and procedures as the use to which it was compared for the purposes of the favorable decision.
If the Administrator determines that a proposed use is not a subcategory of, or is not functionally comparable to, a use that is allowed in the use / zone matrix in the district that applies to the parcel proposed for development, then the proposed use is a prohibited use in that district.

Effective on: 7/1/2014

Sec. 2-1-3-14 Change of Use

Purpose. The intent of this regulation is to:

1.
Ensure that proposed changes of use comply with the provisions of the LUDC, the adopted Comprehensive Plan, and other related municipal code provisions, including the payment of applicable fees;
2.
Ensure that appropriate departments review the proposed change of use; and
3.
Ensure compliance with applicable standards of the building code and fire code as amended from time to time.

Review Criteria. The proposed use shall meet the following criteria:

1.
It shall be authorized within the zoning district in which the change is proposed;
2.
It shall be consistent with the adopted City plans and policies;
3.
It shall comply with the adopted City codes, including the building and fire codes; and
4.
Applicable fees shall be paid for the permit application and proposed increases in demand for drainage, water, wastewater, or road system capacity per the current City fee schedules. (See Appendix A.)

Effective on: 10/22/2025

Sec. 2-2-1-1 Purpose of Article

Effective on: 7/1/2014

Sec. 2-2-1-2 Application of Article

This Article applies as follows:

1. Division 2-2-2, General Standards for Limited and Conditional Uses, sets out standards that apply to all uses which are shown in Division 2-1-3, Use / Zone Matrices, as a limited use ("L"), or a conditional use ("C").
2. Division 2-2-3, Specific Standards for Special, Limited, and Conditional Uses, sets out standards that apply to all uses that are shown in Division 2-1-3, Use / Zone Matrices, as a special use ("S"), a limited use ("L"), or a conditional use ("C"). For each use, these specific standards may be different depending upon the zone in which the use is proposed to be located.
3. Uses that are shown as "S" can be approved if they meet the standards of Division 2-2-3, Specific Standards for Special, Limited, and Conditional Uses, and the other applicable standards of this LUDC.
4. Uses shown as "L" or "C" can be approved only if they meet the standards of Division 2-2-2, General Standards for Limited and Conditional Uses, and the applicable special, limited, or conditional use standards of Division 2-2-3, Specific Standards for Special, Limited, and Conditional Uses, and the other applicable standards of this LUDC.

Effective on: 7/1/2014

Sec. 2-2-2-1 Standards for All Limited Uses

The proposed limited use in its proposed location will not conflict with the implementation of current adopted plans of the City, including, but not limited to, the Comprehensive Plan; and
The limited use is compatible with surrounding land uses and the natural environment, and will not materially detract from the character of the immediate area or negatively affect the anticipated development or redevelopment trajectory (for example, by creating a critical mass of similar conditional uses that is likely to discourage permitted uses by making the vicinity less desirable for them).

Effective on: 7/1/2014

Sec. 2-2-2-2 Standards for All Conditional Uses

The proposed conditional use in its proposed location will not conflict with the implementation of current adopted plans of the City, including, but not limited to, the Comprehensive Plan;
The conditional use is compatible with surrounding land uses and natural environment, and will not materially detract from the character of the immediate area or negatively affect the anticipated development or redevelopment trajectory (for example, by creating a critical mass of similar conditional uses that is likely to discourage permitted uses by making the vicinity less desirable for them); and
There is no practicable alternative location where the use is permitted as-of-right within 600 feet of the parcel proposed for development, or, if such a location exists, the proposed location is comparable or more favorable in terms of:
1. Providing a needed community service;
2. Providing a critical mass of jobs that are likely to pay more than the median wages for the region, or providing a critical mass of related and mutually supportive land uses that promote quality economic development and opportunity;
3. Providing a balance of land uses, ensuring that appropriate supporting activities, such as employment, housing, leisure-time, and retail centers, are in close proximity to one another; and
4. Making more efficient use of public infrastructure, such as off-peak street capacity.

Effective on: 7/1/2014

Sec. 2-2-3-1 Standards for Residential Neighborhoods

Generally. The standards of this Section apply to residential neighborhood types which are enumerated in Table 2-1-3-2, Neighborhood Types, under the subheading "Residential Neighborhoods," in those cases where the neighborhood type is shown as a special use ("S"), a limited use ("L"), or a conditional use ("C"). Note that other standards may also apply. See Sec. 2-2-1-2, Application of Article.
Townhome and Multiplex. Townhome and / or Multiplex neighborhoods are allowed as a special use in the RL or RM zones if it is demonstrated that:
1. The parcel proposed for development does not abut an RL or RM-zoned property, or the abutting RL or RM-zoned property is under common ownership with the parcel proposed for development; or
2. A 30 percent opacity bufferyard is installed between the townhomes and / or multiplex buildings and abutting property that is zoned RL or RM; or
3. The townhome or multiplex buildings, as applicable, are set back 50 feet from interior side and rear property lines of the parcel proposed for development.
Multifamily. Multifamily neighborhoods are allowed as a special use in the RL, RM and BP zones if it is demonstrated that:
1. RL or RM Zones.
  1. Abutting property that is not under common ownership with the parcel proposed for development is not zoned RL or RM; or
  2. The multifamily buildings are either:
    1. Set back 50 feet from the interior side and rear property lines of the parcel proposed for development; or
    2. Buffered from the abutting RL or RM-zoned property with a 30 percent opacity bufferyard.
2. BP Zone. In the BP zone, multifamily neighborhoods shall meet the same requirements that apply to individual multifamily buildings in the BP Zone. (See Sec. 2-2-3-3, Standards for Residential Land Uses, Subsection F.)
Manufactured Home Park. Manufactured home parks are allowed as a special use in the RL and RM zones, and may be allowed as a limited use in the RH zone if it is demonstrated that:
1. The site layout standards of Section 4-1-3-4, Site Layout for Manufactured Home Parks and Subdivisions, are met; or
2. The proposed manufactured home park is an expansion of an existing manufactured home park into abutting property, the design of the area proposed for the expansion complies with Section 4-1-3-4, Manufactured Home Parks and Subdivisions, and the density of the expanded area does not exceed the density that is allowed in the underlying zoning district.
Manufactured Home Subdivision. Manufactured home subdivisions are allowed as a special use in the RL and RM zones and may be allowed as a limited use in the RH zone if it is demonstrated that the site layout standards of Section 4-1-3-4, Manufactured Home Parks and Subdivisions, are met.
Mixed-Housing. Mixed-housing neighborhoods are allowed as a special use in the RM, MU-A, and MU-N zones if it is demonstrated that the site layout standards of Section 4-1-3-6, Mixed-Housing Neighborhoods, are met.
Mixed-Housing Cluster. Mixed-housing clusters are allowed as a special use in the RL and RM zones if it is demonstrated that the site layout standards of Section 4-1-3-5, Cluster Development, are met.

Effective on: 7/1/2014

Sec. 2-2-3-2 Standards for Mixed-Use Neighborhoods

Generally. The standards of this Section apply to mixed-use neighborhood types which are enumerated in Table 2-1-3-2, Neighborhood Types, under the subheading "Mixed-Use Neighborhoods," in instances where the neighborhood type is shown as a special use ("S"), a limited use ("L"), or a conditional use ("C") in a particular zone. Note that other standards may also apply. See Sec. 2-2-1-2, Application of Article.
Traditional Neighborhood Development. Traditional neighborhood development is allowed as a special use in the RM, RH, MU-N, MU-A, and BP zones if it is demonstrated that the site layout standards of Section 4-1-3-7, Traditional Neighborhood Development, are met.

Effective on: 7/1/2014

Sec. 2-2-3-3 Standards for Residential Land Uses

A.
Generally. The standards of this Section apply to residential uses which are enumerated in Table 2-1-3-3, Residential, Transient Residential, and Overnight Accommodations, under the subheading "Residential Land Uses," in instances where the use is shown as a special use ("S"), a limited use ("L"), or a conditional use ("C") in a particular zone. Note that other standards may also apply. See Section 2-2-1-2, Application of Article.
B.
Single-Family, Detached.
1. 1.
  In the MU-A and CB zones, single-family detached residential use is allowed as a special use on lots which were developed with single-family detached residential buildings on the effective date. Such lots may be used or redeveloped for single-family detached residential purposes, regardless of whether their use on the effective date was residential.
2. 2.
  In the MU‐N zone, single‐family detached residential use is allowed as a special use. On lots within the MU‐N zone along College Drive or 8th Avenue, setbacks, building height, plate height, building coverage, FAR and design standards shall be as applicable in the EN‐ 1 zone.
C.
Duplex Uses. Duplex uses are allowed as a special use in the EN, RL, CB, and MU-N zones if it is demonstrated that the applicable standards for location, context, lot area, and design that are set out in Table 2-2-3-3A, Duplex Standards, are met.

Table 2-2-3-3A Duplex Standards
Zone	Location or Context Standard	Lot Area Standard	Design Standard
TABLE NOTES: NA = Not Applicable 1. Lot area is the minimum lot required for development of a duplex building (or in the case of EN-1, EN-2 and MU-N zones, two separate buildings at the applicant's option). 2. For reference purposes, this is generally the area bounded by Carriage Place, Forest Avenue, and Valentine Drive, east of Glenisle Avenue.
Established Neighborhood Zones
EN-1; EN-2	NA	Minimum lot area: 7,500 sf.¹	All standards of the applicable EN zone apply. See Article 3-1, Established Neighborhood Zones. As an alternative to attaching the duplex dwelling units, duplexes may be constructed as two single-family detached buildings on a single lot. For interior lots, if the second unit is located behind the primary unit, the structure shall meet all of the standards for accessory structures. On through lots or corner lots, the second unit may meet all principal standards or all accessory standards, but not a combination of the two standards.
EN-3	Duplexes are not allowed in the EN-3 zone
EN-4	Duplexes are allowed only in the area included within the Rising Sun Resubdivision, recorded in the Public Records of La Plata County on July 27, 1983 at Reception No. 496579; and Lot E-1A of the Park Addition 1st Amendment and Amendment to Lot E-1 Rising Sun Re-Subdivision, recorded in the Public Records of La Plata County on October 20, 1993 at Reception No. 656158.²	Minimum lot area: 7,500 sf.¹	All standards of the EN-4 zone that apply to single-family detached buildings apply to duplex buildings. See Article 3-1, Established Neighborhood Zones.
EN-5	Existing lot that takes access from 32nd Street, Richard Drive, or Florida Road (except the land area north of O'Brien Drive which is described in the subdivision plats for Pleasant Vue 1st Addition, Pleasant Vue 2nd Addition, and Pleasant Vue 4th Addition)	Minimum lot area: 7,500 sf.¹; or a duplex lawfully existed on the lot on the effective date	All standards of the EN-5 zone that apply to single-family detached buildings apply to duplex buildings. See Article 3-1, Established Neighborhood Zones.
EN-6	Lots upon which a duplex lawfully existed on the effective date of the EN-6 designation	NA	All standards of the EN-6 zone that apply to single-family detached buildings apply to duplex buildings. See Article 3-1, Established Neighborhood Zones.
Other Zones
RL	Allowed only in mixed-housing neighborhoods (see Section 2-4-2-1, Residential and Mixed-Use Neighborhood Types and Minimum Parcel Areas)	See Division 3-2-2, Housing Palette	See Division 3-2-2, Housing Palette
CB	Lots upon which a duplex lawfully existed on the effective date	NA	NA
MU-N	NA	Minimum lot area: 7,500 sf.¹; or a duplex lawfully existed on the lot on the effective date	For attached duplexes, see Section 3-2-2-6, Duplexes. As an alternative to attaching the duplex dwelling units, duplexes may be constructed as two single-family detached buildings on a single lot. On all lots along College Drive or 8th Avenue, design standards shall be as applicable in the EN-1 zone. Elsewhere, design standards shall comply with the requirements of Table 3-2-3-2. If the second unit is located behind the primary unit, the structure shall meet the standards for accessory structures.

Table 2-2-3-3A Duplex Standards
Zone	Location or Context Standard	Lot Area Standard	Design Standard
TABLE NOTES: NA = Not Applicable 1. Lot area is the minimum lot required for development of a duplex building (or in the case of EN-1, EN-2 and MU-N zones, two separate buildings at the applicant's option). 2. For reference purposes, this is generally the area bounded by Carriage Place, Forest Avenue, and Valentine Drive, east of Glenisle Avenue.
Established Neighborhood Zones
EN-1; EN-2	NA	Minimum lot area: 7,500 sf.¹	All standards of the applicable EN zone apply. See Article 3-1, Established Neighborhood Zones. As an alternative to attaching the duplex dwelling units, duplexes may be constructed as two single-family detached buildings on a single lot. For interior lots, if the second unit is located behind the primary unit, the structure shall meet all of the standards for accessory structures. On through lots or corner lots, the second unit may meet all principal standards or all accessory standards, but not a combination of the two standards.
EN-3	Duplexes are not allowed in the EN-3 zone
EN-4	Duplexes are allowed only in the area included within the Rising Sun Resubdivision, recorded in the Public Records of La Plata County on July 27, 1983 at Reception No. 496579; and Lot E-1A of the Park Addition 1st Amendment and Amendment to Lot E-1 Rising Sun Re-Subdivision, recorded in the Public Records of La Plata County on October 20, 1993 at Reception No. 656158.²	Minimum lot area: 7,500 sf.¹	All standards of the EN-4 zone that apply to single-family detached buildings apply to duplex buildings. See Article 3-1, Established Neighborhood Zones.
EN-5	Existing lot that takes access from 32nd Street, Richard Drive, or Florida Road (except the land area north of O'Brien Drive which is described in the subdivision plats for Pleasant Vue 1st Addition, Pleasant Vue 2nd Addition, and Pleasant Vue 4th Addition)	Minimum lot area: 7,500 sf.¹; or a duplex lawfully existed on the lot on the effective date	All standards of the EN-5 zone that apply to single-family detached buildings apply to duplex buildings. See Article 3-1, Established Neighborhood Zones.
EN-6	Lots upon which a duplex lawfully existed on the effective date of the EN-6 designation	NA	All standards of the EN-6 zone that apply to single-family detached buildings apply to duplex buildings. See Article 3-1, Established Neighborhood Zones.
Other Zones
RL	Allowed only in mixed-housing neighborhoods (see Section 2-4-2-1, Residential and Mixed-Use Neighborhood Types and Minimum Parcel Areas)	See Division 3-2-2, Housing Palette	See Division 3-2-2, Housing Palette
CB	Lots upon which a duplex lawfully existed on the effective date	NA	NA
MU-N	NA	Minimum lot area: 7,500 sf.¹; or a duplex lawfully existed on the lot on the effective date	For attached duplexes, see Section 3-2-2-6, Duplexes. As an alternative to attaching the duplex dwelling units, duplexes may be constructed as two single-family detached buildings on a single lot. On all lots along College Drive or 8th Avenue, design standards shall be as applicable in the EN-1 zone. Elsewhere, design standards shall comply with the requirements of Table 3-2-3-2. If the second unit is located behind the primary unit, the structure shall meet the standards for accessory structures.

Table 2-2-3-3A Duplex Standards
Zone	Location or Context Standard	Lot Area Standard	Design Standard
TABLE NOTES: NA = Not Applicable 1. Lot area is the minimum lot required for development of a duplex building (or in the case of EN-1, EN-2 and MU-N zones, two separate buildings at the applicant's option). 2. For reference purposes, this is generally the area bounded by Carriage Place, Forest Avenue, and Valentine Drive, east of Glenisle Avenue.
Established Neighborhood Zones
EN-1; EN-2	NA	Minimum lot area: 7,500 sf.¹	All standards of the applicable EN zone apply. See Article 3-1, Established Neighborhood Zones. As an alternative to attaching the duplex dwelling units, duplexes may be constructed as two single-family detached buildings on a single lot. For interior lots, if the second unit is located behind the primary unit, the structure shall meet all of the standards for accessory structures. On through lots or corner lots, the second unit may meet all principal standards or all accessory standards, but not a combination of the two standards.
EN-3	Duplexes are not allowed in the EN-3 zone
EN-4	Duplexes are allowed only in the area included within the Rising Sun Resubdivision, recorded in the Public Records of La Plata County on July 27, 1983 at Reception No. 496579; and Lot E-1A of the Park Addition 1st Amendment and Amendment to Lot E-1 Rising Sun Re-Subdivision, recorded in the Public Records of La Plata County on October 20, 1993 at Reception No. 656158.²	Minimum lot area: 7,500 sf.¹	All standards of the EN-4 zone that apply to single-family detached buildings apply to duplex buildings. See Article 3-1, Established Neighborhood Zones.
EN-5	Existing lot that takes access from 32nd Street, Richard Drive, or Florida Road (except the land area north of O'Brien Drive which is described in the subdivision plats for Pleasant Vue 1st Addition, Pleasant Vue 2nd Addition, and Pleasant Vue 4th Addition)	Minimum lot area: 7,500 sf.¹; or a duplex lawfully existed on the lot on the effective date	All standards of the EN-5 zone that apply to single-family detached buildings apply to duplex buildings. See Article 3-1, Established Neighborhood Zones.
EN-6	Lots upon which a duplex lawfully existed on the effective date of the EN-6 designation	NA	All standards of the EN-6 zone that apply to single-family detached buildings apply to duplex buildings. See Article 3-1, Established Neighborhood Zones.
Other Zones
RL	Allowed only in mixed-housing neighborhoods (see Section 2-4-2-1, Residential and Mixed-Use Neighborhood Types and Minimum Parcel Areas)	See Division 3-2-2, Housing Palette	See Division 3-2-2, Housing Palette
CB	Lots upon which a duplex lawfully existed on the effective date	NA	NA
MU-N	NA	Minimum lot area: 7,500 sf.¹; or a duplex lawfully existed on the lot on the effective date	For attached duplexes, see Section 3-2-2-6, Duplexes. As an alternative to attaching the duplex dwelling units, duplexes may be constructed as two single-family detached buildings on a single lot. On all lots along College Drive or 8th Avenue, design standards shall be as applicable in the EN-1 zone. Elsewhere, design standards shall comply with the requirements of Table 3-2-3-2. If the second unit is located behind the primary unit, the structure shall meet the standards for accessory structures.

Table 2-2-3-3A Duplex Standards
Zone	Location or Context Standard	Lot Area Standard	Design Standard
TABLE NOTES: NA = Not Applicable 1. Lot area is the minimum lot required for development of a duplex building (or in the case of EN-1, EN-2 and MU-N zones, two separate buildings at the applicant's option). 2. For reference purposes, this is generally the area bounded by Carriage Place, Forest Avenue, and Valentine Drive, east of Glenisle Avenue.
Established Neighborhood Zones
EN-1; EN-2	NA	Minimum lot area: 7,500 sf.¹	All standards of the applicable EN zone apply. See Article 3-1, Established Neighborhood Zones. As an alternative to attaching the duplex dwelling units, duplexes may be constructed as two single-family detached buildings on a single lot. For interior lots, if the second unit is located behind the primary unit, the structure shall meet all of the standards for accessory structures. On through lots or corner lots, the second unit may meet all principal standards or all accessory standards, but not a combination of the two standards.
EN-3	Duplexes are not allowed in the EN-3 zone
EN-4	Duplexes are allowed only in the area included within the Rising Sun Resubdivision, recorded in the Public Records of La Plata County on July 27, 1983 at Reception No. 496579; and Lot E-1A of the Park Addition 1st Amendment and Amendment to Lot E-1 Rising Sun Re-Subdivision, recorded in the Public Records of La Plata County on October 20, 1993 at Reception No. 656158.²	Minimum lot area: 7,500 sf.¹	All standards of the EN-4 zone that apply to single-family detached buildings apply to duplex buildings. See Article 3-1, Established Neighborhood Zones.
EN-5	Existing lot that takes access from 32nd Street, Richard Drive, or Florida Road (except the land area north of O'Brien Drive which is described in the subdivision plats for Pleasant Vue 1st Addition, Pleasant Vue 2nd Addition, and Pleasant Vue 4th Addition)	Minimum lot area: 7,500 sf.¹; or a duplex lawfully existed on the lot on the effective date	All standards of the EN-5 zone that apply to single-family detached buildings apply to duplex buildings. See Article 3-1, Established Neighborhood Zones.
EN-6	Lots upon which a duplex lawfully existed on the effective date of the EN-6 designation	NA	All standards of the EN-6 zone that apply to single-family detached buildings apply to duplex buildings. See Article 3-1, Established Neighborhood Zones.
Other Zones
RL	Allowed only in mixed-housing neighborhoods (see Section 2-4-2-1, Residential and Mixed-Use Neighborhood Types and Minimum Parcel Areas)	See Division 3-2-2, Housing Palette	See Division 3-2-2, Housing Palette
CB	Lots upon which a duplex lawfully existed on the effective date	NA	NA
MU-N	NA	Minimum lot area: 7,500 sf.¹; or a duplex lawfully existed on the lot on the effective date	For attached duplexes, see Section 3-2-2-6, Duplexes. As an alternative to attaching the duplex dwelling units, duplexes may be constructed as two single-family detached buildings on a single lot. On all lots along College Drive or 8th Avenue, design standards shall be as applicable in the EN-1 zone. Elsewhere, design standards shall comply with the requirements of Table 3-2-3-2. If the second unit is located behind the primary unit, the structure shall meet the standards for accessory structures.

D.
Townhome Uses. Townhome uses are allowed as a special use in the RL and RM zones and may be allowed as a limited use in the MU-N zone if it is demonstrated that the applicable standards for location, context, lot area, and design that are set out in Table 2-2-3-3B, Townhome Standards, are met.

Table 2-2-3-3B Townhome Standards
Zone	Location or Context Standard	Lot Area Standard	Design Standards
RL	Allowed in mixed-housing neighborhoods (see Section 2-4-2-1, Residential and Mixed-Use Neighborhood Types and Minimum Parcel Areas)	See Division 3-2-2, Housing Palette	See Division 3-2-2, Housing Palette and Division 3-4-3, Multifamily Design Standards
RM	Allowed in clusters, mixed-housing neighborhoods, and TNDs (see Section 2-4-2-1, Residential and Mixed-Use Neighborhood Types and Minimum Parcel Areas)	See Division 3-2-2, Housing Palette	See Division 3-2-2, Housing Palette and Division 3-4-3, Multifamily Design Standards
MU-N	Allowed in all areas, subject to the other standards of this row	Minimum area of parcel proposed for development with townhomes: 15,000 sf. See Division 3-2-2, Housing Palette, for standards for individual townhome lots.	If the parcel proposed for development abuts College Drive or 8th Avenue, the townhomes shall be oriented towards College Drive or 8th Avenue, respectively. Vehicular access shall be provided via an alley-accessed rear parking court, which shall be screened from abutting lots with a five-foot tall privacy fence or masonry wall. The standards of Division 3-4-3, Multifamily Design Standards apply

Table 2-2-3-3B Townhome Standards
Zone	Location or Context Standard	Lot Area Standard	Design Standards
RL	Allowed in mixed-housing neighborhoods (see Section 2-4-2-1, Residential and Mixed-Use Neighborhood Types and Minimum Parcel Areas)	See Division 3-2-2, Housing Palette	See Division 3-2-2, Housing Palette and Division 3-4-3, Multifamily Design Standards
RM	Allowed in clusters, mixed-housing neighborhoods, and TNDs (see Section 2-4-2-1, Residential and Mixed-Use Neighborhood Types and Minimum Parcel Areas)	See Division 3-2-2, Housing Palette	See Division 3-2-2, Housing Palette and Division 3-4-3, Multifamily Design Standards
MU-N	Allowed in all areas, subject to the other standards of this row	Minimum area of parcel proposed for development with townhomes: 15,000 sf. See Division 3-2-2, Housing Palette, for standards for individual townhome lots.	If the parcel proposed for development abuts College Drive or 8th Avenue, the townhomes shall be oriented towards College Drive or 8th Avenue, respectively. Vehicular access shall be provided via an alley-accessed rear parking court, which shall be screened from abutting lots with a five-foot tall privacy fence or masonry wall. The standards of Division 3-4-3, Multifamily Design Standards apply

Table 2-2-3-3B Townhome Standards
Zone	Location or Context Standard	Lot Area Standard	Design Standards
RL	Allowed in mixed-housing neighborhoods (see Section 2-4-2-1, Residential and Mixed-Use Neighborhood Types and Minimum Parcel Areas)	See Division 3-2-2, Housing Palette	See Division 3-2-2, Housing Palette and Division 3-4-3, Multifamily Design Standards
RM	Allowed in clusters, mixed-housing neighborhoods, and TNDs (see Section 2-4-2-1, Residential and Mixed-Use Neighborhood Types and Minimum Parcel Areas)	See Division 3-2-2, Housing Palette	See Division 3-2-2, Housing Palette and Division 3-4-3, Multifamily Design Standards
MU-N	Allowed in all areas, subject to the other standards of this row	Minimum area of parcel proposed for development with townhomes: 15,000 sf. See Division 3-2-2, Housing Palette, for standards for individual townhome lots.	If the parcel proposed for development abuts College Drive or 8th Avenue, the townhomes shall be oriented towards College Drive or 8th Avenue, respectively. Vehicular access shall be provided via an alley-accessed rear parking court, which shall be screened from abutting lots with a five-foot tall privacy fence or masonry wall. The standards of Division 3-4-3, Multifamily Design Standards apply

Table 2-2-3-3B Townhome Standards
Zone	Location or Context Standard	Lot Area Standard	Design Standards
RL	Allowed in mixed-housing neighborhoods (see Section 2-4-2-1, Residential and Mixed-Use Neighborhood Types and Minimum Parcel Areas)	See Division 3-2-2, Housing Palette	See Division 3-2-2, Housing Palette and Division 3-4-3, Multifamily Design Standards
RM	Allowed in clusters, mixed-housing neighborhoods, and TNDs (see Section 2-4-2-1, Residential and Mixed-Use Neighborhood Types and Minimum Parcel Areas)	See Division 3-2-2, Housing Palette	See Division 3-2-2, Housing Palette and Division 3-4-3, Multifamily Design Standards
MU-N	Allowed in all areas, subject to the other standards of this row	Minimum area of parcel proposed for development with townhomes: 15,000 sf. See Division 3-2-2, Housing Palette, for standards for individual townhome lots.	If the parcel proposed for development abuts College Drive or 8th Avenue, the townhomes shall be oriented towards College Drive or 8th Avenue, respectively. Vehicular access shall be provided via an alley-accessed rear parking court, which shall be screened from abutting lots with a five-foot tall privacy fence or masonry wall. The standards of Division 3-4-3, Multifamily Design Standards apply

E.
Multiplex Uses. Multiplex uses are allowed as a special use in the EN-MF and RM zones, and may be allowed as a limited use in the MU-N zone, if it is demonstrated that the applicable standards for location, context, lot area, and design that are set out in Table 2-2-3-3C, Multiplex Standards, are met.

Table 2-2-3-3C Multiplex Standards
Zone	Location or Context Standard	Lot Area Standard	Design Standard
EN-MF	Meets minimum lot size standard or is developed with an existing multiplex	Minimum lot area: 7,500 sf.	All standards of the EN-MF zone apply. See Article 3-1, Established Neighborhood Zones
RM	Allowed in clusters, mixed-housing neighborhoods, and TNDs (see Section 2-4-2-1, Residential and Mixed-Use Neighborhood Types and Minimum Parcel Areas)	See Division 3-2-2, Housing Palette	See Division 3-2-2, Housing Palette
MU-N	Meets minimum lot size standard or is developed with an existing multiplex	At least 3,750 sf. of lot area per dwelling unit	Vehicular access shall be provided from an alley, if present. Surface parking lots are subject to the landscaping requirements of Section 4-6-4-4, Parking Lots.

Table 2-2-3-3C Multiplex Standards
Zone	Location or Context Standard	Lot Area Standard	Design Standard
EN-MF	Meets minimum lot size standard or is developed with an existing multiplex	Minimum lot area: 7,500 sf.	All standards of the EN-MF zone apply. See Article 3-1, Established Neighborhood Zones
RM	Allowed in clusters, mixed-housing neighborhoods, and TNDs (see Section 2-4-2-1, Residential and Mixed-Use Neighborhood Types and Minimum Parcel Areas)	See Division 3-2-2, Housing Palette	See Division 3-2-2, Housing Palette
MU-N	Meets minimum lot size standard or is developed with an existing multiplex	At least 3,750 sf. of lot area per dwelling unit	Vehicular access shall be provided from an alley, if present. Surface parking lots are subject to the landscaping requirements of Section 4-6-4-4, Parking Lots.

Table 2-2-3-3C Multiplex Standards
Zone	Location or Context Standard	Lot Area Standard	Design Standard
EN-MF	Meets minimum lot size standard or is developed with an existing multiplex	Minimum lot area: 7,500 sf.	All standards of the EN-MF zone apply. See Article 3-1, Established Neighborhood Zones
RM	Allowed in clusters, mixed-housing neighborhoods, and TNDs (see Section 2-4-2-1, Residential and Mixed-Use Neighborhood Types and Minimum Parcel Areas)	See Division 3-2-2, Housing Palette	See Division 3-2-2, Housing Palette
MU-N	Meets minimum lot size standard or is developed with an existing multiplex	At least 3,750 sf. of lot area per dwelling unit	Vehicular access shall be provided from an alley, if present. Surface parking lots are subject to the landscaping requirements of Section 4-6-4-4, Parking Lots.

Table 2-2-3-3C Multiplex Standards
Zone	Location or Context Standard	Lot Area Standard	Design Standard
EN-MF	Meets minimum lot size standard or is developed with an existing multiplex	Minimum lot area: 7,500 sf.	All standards of the EN-MF zone apply. See Article 3-1, Established Neighborhood Zones
RM	Allowed in clusters, mixed-housing neighborhoods, and TNDs (see Section 2-4-2-1, Residential and Mixed-Use Neighborhood Types and Minimum Parcel Areas)	See Division 3-2-2, Housing Palette	See Division 3-2-2, Housing Palette
MU-N	Meets minimum lot size standard or is developed with an existing multiplex	At least 3,750 sf. of lot area per dwelling unit	Vehicular access shall be provided from an alley, if present. Surface parking lots are subject to the landscaping requirements of Section 4-6-4-4, Parking Lots.

F.
Multi-Unit Building Uses. Multi-Unit building uses are allowed as a special use in the RL and RM zones, and may be allowed as a limited use in the MU-N zone, if it is demonstrated that the applicable standards for location, context, lot area, and design that are set out in Table 2-2-3-3D, Multi-Unit Building Standards, are met.

Table 2-2-3-3D Multi-Unit Building Standards
Zone	Location or Context Standard	Lot Area Standard	Design Standard
RL	Allowed in mixed-housing neighborhoods (see Section 2-4-2-1, Residential and Mixed-Use Neighborhood Types and Minimum Parcel Areas)	See Division 3-2-2, Housing Palette	See Division 3-2-2, Housing Palette and Division 3-4-3, Multifamily Design Standards
RM	Allowed in multifamily development, mixed-housing neighborhoods, and TNDs (see Section 2-4-2-1, Residential and Mixed-Use Neighborhood Types and Minimum Parcel Areas)	See Division 3-2-2, Housing Palette	See Division 3-2-2, Housing Palette and Division 3-4-3, Multifamily Design Standards
MU-N	Allowed in all areas, subject to the other standards of this row	Minimum area of parcel proposed for development with multifamily: 11,250 sf.	If the parcel proposed for development is within the MU-N zone along College Drive or 8th Avenue, EN-MF standards apply for setbacks, building coverage, FAR and design standards. Vehicular access shall be provided via an alley-accessed rear parking court. Surface parking lots are also subject to the landscaping requirements of Section 4-6-4-4, Parking Lots, except that at zone boundaries, parking areas shall be screened from abutting lots with a five-foot tall privacy fence or masonry wall. In all other areas, multifamily development shall meet the standards of Section 3-2-2-8, Multiplex and Multifamily, and the design standards in Division 3-4-3, Multifamily Design Standards.
BP	All units must be located within 1/4 mile of at least 50,000 sf. of existing or approved nonresidential floor area within the BP zone; or units must be designed to support an educational or institutional use (e.g., a hospital or university). Not more than 10 percent of the contiguous area of a BP zone may be developed with multifamily uses.	Minimum lot area: 2 acres	See Division 3-2-2, Housing Palette and Division 3-4-3, Multifamily Design Standards

Table 2-2-3-3D Multi-Unit Building Standards
Zone	Location or Context Standard	Lot Area Standard	Design Standard
RL	Allowed in mixed-housing neighborhoods (see Section 2-4-2-1, Residential and Mixed-Use Neighborhood Types and Minimum Parcel Areas)	See Division 3-2-2, Housing Palette	See Division 3-2-2, Housing Palette and Division 3-4-3, Multifamily Design Standards
RM	Allowed in multifamily development, mixed-housing neighborhoods, and TNDs (see Section 2-4-2-1, Residential and Mixed-Use Neighborhood Types and Minimum Parcel Areas)	See Division 3-2-2, Housing Palette	See Division 3-2-2, Housing Palette and Division 3-4-3, Multifamily Design Standards
MU-N	Allowed in all areas, subject to the other standards of this row	Minimum area of parcel proposed for development with multifamily: 11,250 sf.	If the parcel proposed for development is within the MU-N zone along College Drive or 8th Avenue, EN-MF standards apply for setbacks, building coverage, FAR and design standards. Vehicular access shall be provided via an alley-accessed rear parking court. Surface parking lots are also subject to the landscaping requirements of Section 4-6-4-4, Parking Lots, except that at zone boundaries, parking areas shall be screened from abutting lots with a five-foot tall privacy fence or masonry wall. In all other areas, multifamily development shall meet the standards of Section 3-2-2-8, Multiplex and Multifamily, and the design standards in Division 3-4-3, Multifamily Design Standards.
BP	All units must be located within 1/4 mile of at least 50,000 sf. of existing or approved nonresidential floor area within the BP zone; or units must be designed to support an educational or institutional use (e.g., a hospital or university). Not more than 10 percent of the contiguous area of a BP zone may be developed with multifamily uses.	Minimum lot area: 2 acres	See Division 3-2-2, Housing Palette and Division 3-4-3, Multifamily Design Standards

Table 2-2-3-3D Multi-Unit Building Standards
Zone	Location or Context Standard	Lot Area Standard	Design Standard
RL	Allowed in mixed-housing neighborhoods (see Section 2-4-2-1, Residential and Mixed-Use Neighborhood Types and Minimum Parcel Areas)	See Division 3-2-2, Housing Palette	See Division 3-2-2, Housing Palette and Division 3-4-3, Multifamily Design Standards
RM	Allowed in multifamily development, mixed-housing neighborhoods, and TNDs (see Section 2-4-2-1, Residential and Mixed-Use Neighborhood Types and Minimum Parcel Areas)	See Division 3-2-2, Housing Palette	See Division 3-2-2, Housing Palette and Division 3-4-3, Multifamily Design Standards
MU-N	Allowed in all areas, subject to the other standards of this row	Minimum area of parcel proposed for development with multifamily: 11,250 sf.	If the parcel proposed for development is within the MU-N zone along College Drive or 8th Avenue, EN-MF standards apply for setbacks, building coverage, FAR and design standards. Vehicular access shall be provided via an alley-accessed rear parking court. Surface parking lots are also subject to the landscaping requirements of Section 4-6-4-4, Parking Lots, except that at zone boundaries, parking areas shall be screened from abutting lots with a five-foot tall privacy fence or masonry wall. In all other areas, multifamily development shall meet the standards of Section 3-2-2-8, Multiplex and Multifamily, and the design standards in Division 3-4-3, Multifamily Design Standards.
BP	All units must be located within 1/4 mile of at least 50,000 sf. of existing or approved nonresidential floor area within the BP zone; or units must be designed to support an educational or institutional use (e.g., a hospital or university). Not more than 10 percent of the contiguous area of a BP zone may be developed with multifamily uses.	Minimum lot area: 2 acres	See Division 3-2-2, Housing Palette and Division 3-4-3, Multifamily Design Standards

Table 2-2-3-3D Multi-Unit Building Standards
Zone	Location or Context Standard	Lot Area Standard	Design Standard
RL	Allowed in mixed-housing neighborhoods (see Section 2-4-2-1, Residential and Mixed-Use Neighborhood Types and Minimum Parcel Areas)	See Division 3-2-2, Housing Palette	See Division 3-2-2, Housing Palette and Division 3-4-3, Multifamily Design Standards
RM	Allowed in multifamily development, mixed-housing neighborhoods, and TNDs (see Section 2-4-2-1, Residential and Mixed-Use Neighborhood Types and Minimum Parcel Areas)	See Division 3-2-2, Housing Palette	See Division 3-2-2, Housing Palette and Division 3-4-3, Multifamily Design Standards
MU-N	Allowed in all areas, subject to the other standards of this row	Minimum area of parcel proposed for development with multifamily: 11,250 sf.	If the parcel proposed for development is within the MU-N zone along College Drive or 8th Avenue, EN-MF standards apply for setbacks, building coverage, FAR and design standards. Vehicular access shall be provided via an alley-accessed rear parking court. Surface parking lots are also subject to the landscaping requirements of Section 4-6-4-4, Parking Lots, except that at zone boundaries, parking areas shall be screened from abutting lots with a five-foot tall privacy fence or masonry wall. In all other areas, multifamily development shall meet the standards of Section 3-2-2-8, Multiplex and Multifamily, and the design standards in Division 3-4-3, Multifamily Design Standards.
BP	All units must be located within 1/4 mile of at least 50,000 sf. of existing or approved nonresidential floor area within the BP zone; or units must be designed to support an educational or institutional use (e.g., a hospital or university). Not more than 10 percent of the contiguous area of a BP zone may be developed with multifamily uses.	Minimum lot area: 2 acres	See Division 3-2-2, Housing Palette and Division 3-4-3, Multifamily Design Standards

G.
Multi-Unit Property. Multi-unit property uses are allowed as a special use in the EN-MF and RM zones and as a limited use in the MU-N zone, if it is demonstrated that the applicable standards described below are met.

Table 2-2-3-3 Multi-Unit Property Standards
Zone	Location or Context Standard	Lot Area Standard	Design Standard
EN-MF	Meets minimum lot size standard or is developed as a multi-unit property.	Minimum lot area: 5,625 sf.	All standards of the EN-MF zone apply. See Article 3-1, Established Neighborhood Zones. Accessory structures containing residential units must be subordinate in height and mass to the principal structure and be set back a minimum of 5 feet from side property lines.
RM	Allowed in clusters, mixed-housing neighborhoods, and TNDs (see Section 2-4-2-1, Residential and Mixed-Use Neighborhood Types and Minimum Parcel Areas)	At least 3,750 sf. of lot area per dwelling unit.	Depending on configuration, multiplex or duplex design standards apply. Accessory structures containing residential units must be subordinate in height and mass to the principal structure and be set back a minimum of 5 feet from side property lines. See Division 3-2-2, Housing Palette
MU-N	Meets minimum lot size standard or is developed with an existing multiplex	At least 3,750 sf. of lot area per dwelling unit	Vehicular access shall be provided from an alley, if present. Surface parking lots are subject to the landscaping requirements of Section 4-6-4-4, Parking Lots.

Table 2-2-3-3 Multi-Unit Property Standards
Zone	Location or Context Standard	Lot Area Standard	Design Standard
EN-MF	Meets minimum lot size standard or is developed as a multi-unit property.	Minimum lot area: 5,625 sf.	All standards of the EN-MF zone apply. See Article 3-1, Established Neighborhood Zones. Accessory structures containing residential units must be subordinate in height and mass to the principal structure and be set back a minimum of 5 feet from side property lines.
RM	Allowed in clusters, mixed-housing neighborhoods, and TNDs (see Section 2-4-2-1, Residential and Mixed-Use Neighborhood Types and Minimum Parcel Areas)	At least 3,750 sf. of lot area per dwelling unit.	Depending on configuration, multiplex or duplex design standards apply. Accessory structures containing residential units must be subordinate in height and mass to the principal structure and be set back a minimum of 5 feet from side property lines. See Division 3-2-2, Housing Palette
MU-N	Meets minimum lot size standard or is developed with an existing multiplex	At least 3,750 sf. of lot area per dwelling unit	Vehicular access shall be provided from an alley, if present. Surface parking lots are subject to the landscaping requirements of Section 4-6-4-4, Parking Lots.

Table 2-2-3-3 Multi-Unit Property Standards
Zone	Location or Context Standard	Lot Area Standard	Design Standard
EN-MF	Meets minimum lot size standard or is developed as a multi-unit property.	Minimum lot area: 5,625 sf.	All standards of the EN-MF zone apply. See Article 3-1, Established Neighborhood Zones. Accessory structures containing residential units must be subordinate in height and mass to the principal structure and be set back a minimum of 5 feet from side property lines.
RM	Allowed in clusters, mixed-housing neighborhoods, and TNDs (see Section 2-4-2-1, Residential and Mixed-Use Neighborhood Types and Minimum Parcel Areas)	At least 3,750 sf. of lot area per dwelling unit.	Depending on configuration, multiplex or duplex design standards apply. Accessory structures containing residential units must be subordinate in height and mass to the principal structure and be set back a minimum of 5 feet from side property lines. See Division 3-2-2, Housing Palette
MU-N	Meets minimum lot size standard or is developed with an existing multiplex	At least 3,750 sf. of lot area per dwelling unit	Vehicular access shall be provided from an alley, if present. Surface parking lots are subject to the landscaping requirements of Section 4-6-4-4, Parking Lots.

Table 2-2-3-3 Multi-Unit Property Standards
Zone	Location or Context Standard	Lot Area Standard	Design Standard
EN-MF	Meets minimum lot size standard or is developed as a multi-unit property.	Minimum lot area: 5,625 sf.	All standards of the EN-MF zone apply. See Article 3-1, Established Neighborhood Zones. Accessory structures containing residential units must be subordinate in height and mass to the principal structure and be set back a minimum of 5 feet from side property lines.
RM	Allowed in clusters, mixed-housing neighborhoods, and TNDs (see Section 2-4-2-1, Residential and Mixed-Use Neighborhood Types and Minimum Parcel Areas)	At least 3,750 sf. of lot area per dwelling unit.	Depending on configuration, multiplex or duplex design standards apply. Accessory structures containing residential units must be subordinate in height and mass to the principal structure and be set back a minimum of 5 feet from side property lines. See Division 3-2-2, Housing Palette
MU-N	Meets minimum lot size standard or is developed with an existing multiplex	At least 3,750 sf. of lot area per dwelling unit	Vehicular access shall be provided from an alley, if present. Surface parking lots are subject to the landscaping requirements of Section 4-6-4-4, Parking Lots.

H.
Group Homes. Group homes are allowed as a special use in the MU-N and MU-A zones, provided they are located only within single-family detached or duplex dwelling units.
I.
Live-Work Units. Live-work units are allowed as a special use in the RH zone and may be allowed as a limited use in the CB zone as follows:
1. 1.
  RH Zone. Live-work units are allowed in the following locations:
  1. a.
    On lots that have frontage on arterial or collector streets (including in multifamily buildings which are oriented towards arterial or collector streets); or
  2. b.
    Within 300 feet of the neighborhood center of a TND. (See Section 4-1-3-7, Traditional Neighborhood Development)
2. 2.
  CB Zone. Live-work units are allowed in the CB zone, except that in buildings that front on Main Avenue, the residential portion of the live-work unit must be located above the ground floor and / or behind the nonresidential portion of the live-work unit.
J.
Work-Live Units. Work-live units may be allowed as a limited use in the RH and CB zones, and is allowed as a special use in the BP zone, as follows:
1. 1.
  RH Zone. Work-live units are allowed in the following locations:
  1. a.
    On lots that have frontage on arterial or collector streets (including in multifamily buildings which are oriented towards arterial or collector streets); or
  2. b.
    Within 300 feet of the neighborhood center of a TND. (see Section 4-1-3-7, Traditional Neighborhood Development)
2. 2.
  CB Zone. Work-live units are allowed in the CB zone, except that in buildings that front on Main Avenue, the residential portion of the work-live unit must be located above the ground floor and / or behind the nonresidential portion of the work-live unit.
3. 3.
  BP Zone. Work-live units are allowed if they are developed in clusters of eight or more units.
K.
On-Site Employee Housing Unit. On-Site Employee Housing units may be allowed as a special use in the CB, MU-N, MU-A, CG and CR zones, and may be allowed as a limited use in the BP and LI zones, as follows:
1. 1.
  CB, MU-N, MU-A, CG and CR Zones. On-Site Employee Housing units are allowed as a special use if the following criteria are met:
  1. a.
    Employee units must be located above or below the ground floor and / or behind the nonresidential portion of the business and the units are accessory to the business use;
  2. b.
    The unit must only be occupied by an employee or employees of the business;
  3. c.
    The unit does not qualify as a work-live or custodial unit;
  4. d.
    The maximum number of employee units and occupancy will be established at time of approval, additional units cannot be created without a new review; and
  5. e.
    The unit may be converted to a full living unit through a limited use review and the payment of associated fees, including but not limited to, school and park in-lieu fees, and major street impact fees.
2. 2.
  BP and LI Zones. On-Site Employee Housing units may be allowed as a limited use if the following criteria are met:
  1. a.
    Must meet all of the criteria of J.1. above;
  2. b.
    The use is not located next to an existing use that has extensive outdoor operations and storage; and
  3. c.
    If the new use is located next to a property with limited outdoor operations or storage a 30% bufferyard is required.
L.
Permanent Supportive Housing. Permanent Supportive Housing may be allowed as a limited use in the PB zone as follows:
1. 1.
  The use is allowed on the City’s Social Services Campus.
2. 2.
  The use meets all of the requirements of the PB zone district.
M.
Age Restricted Housing. Age Restricted Housing units may be allowed as a special use in the EN-MF, RM, and RH Zones, may be allowed as a limited use in the CB, MU-N and MU-A zones and may be allowed as a conditional use in the EN and PB zones as follows:
1. 1.
  EN-MF, RM, RH Zones. Age Restricted Housing units may be allowed as a special use if the following criteria are met:
  1. a.
    All persons residing in the unit are over 67 years of age; and
  2. b.
    The maximum number of occupants will be established at time of approval and additional occupants cannot be added without additional review and an amendment of the permit.
2. 2.
  CB, MU-N, and MU-A Zones. Age Restricted Housing units may be allowed as a limited use if the following criteria are met:
  1. a.
    The building may be converted to a full living unit through a conditional use review if it meets LUDC standards for multi-unit buildings, including but not limited to density, parking and the payment of associated fees such as school and park in-lieu fees, and major street impact fees, and other applicable standards.
  2. b.
    Residential units are not allowed on the first floor of the building.
  3. c.
    The building must be a mix of residential and non-residential uses; and
  4. d.
    Must meet all of the criteria of K.1. above;
3. 3.
  EN and PB Zones. Age Restricted Housing Units may be allowed as a conditional use if the following criteria are met:
  1. a.
    Must meet all of the criteria of K.1. above; and
  2. b.
    Must be located in an existing non-residential building, in addition:
    i.
    The foot print of the building cannot be expanded;
    ii.
    The height of the building may not be increased;
    iii.
    haracter of the existing non-residential building must be maintained; and
    iv.
    Minor changes to the building may be allowed such as dormers, new windows, new doors, subject to Design Review.
  3. c.
    Buildings more than 50 years old are subject to review under the Historic Design Guidelines.
  4. d.
    In the PB Zone, Age Restricted Housing Units may be allowed on vacant land as part of a larger campus with other uses that continue to be in public use. The design of the building must be compatible with character of the overall campus. Specific standards will be determined during the permit and Design Review process and must be compatible with surrounding properties.
N.
Senior Congregate Care Housing. Senior Congregate Care Housing units may be allowed as a special use in the EN-MF, RM, RH, may be allowed as a limited use in the limited use in the CB, MU-N and MU-A zones and may be allowed as a conditional use in the EN and PB zones as follows:
1. 1.
  EN-MF, RM, RH Zones. Senior Congregate Care Housing may be allowed as a special use if the following criteria are met:
  1. a.
    All persons residing in the unit are over 67 years of age; and
  2. b.
    The maximum number of occupants will be established at time of approval and additional occupants cannot be added without additional review and an amendment of the permit.
2. 2.
  CB, MU-N and MU-A Zones. Senior Congregate Care Housing may be allowed as a limited use if the following criteria are met:
  1. a.
    Must meet all of the criteria of L.1. above;
  2. b.
    The building must be a mix of residential and non-residential uses; and
  3. c.
    Residential units are not allowed on the first floor of the building;
3. 3.
  EN and PB Zones. Senior Congregate Care Housing may be allowed as a conditional use if the following criteria are met:
  1. a.
    Must meet all of the criteria of L.1. above;
  2. b.
    Must be located in an existing non-residential building, in addition:
    i.
    The foot print of the building cannot be expanded;
    ii.
    The height of the building may not be increased;
    iii.
    Character of the existing non-residential building must be maintained; and
    iv.
    Minor changes to the building may be allowed such as dormers, new windows, new doors, subject to Design Review.
  3. c.
    Buildings more than 50 years old are subject to review under the Historic Design Guidelines.
  4. d.
    In the PB Zone, Senior Congregate Care Housing may be allowed on vacant land as part of a larger campus with other uses that continue to be in public use. The design of the building must be compatible with character of the overall campus. Specific standards will be determined during the permit and Design Review process and must be compatible with surrounding properties.
O.
Dormitory / Fraternity / Sorority Uses. Dormitory, fraternity, and sorority uses may be allowed as a conditional use in the EN-MF, RM, and RH zones, and a special use in the BP zone, if it is demonstrated that the applicable standards for location, context, lot area, and design that are set out in Table 2-2-3-3F, Dormitory / Fraternity / Sorority Standards, are met.

Table 2-2-3-3F Dormitory / Fraternity / Sorority Standards
Zone	Location or Context Standard	Lot Area Standard	Design Standard
EN-MF	Located within 1/2 mile of a college, university, or hospital, measured as the distance between nearest property lines, along street right-of-way or hard-surfaced trail centerlines	Minimum lot area: 18,750 sf.	See Article 3-1, Established Neighborhood Zones
RM	On campus of a place of assembly or hospital	Minimum lot area: 30,000 sf.	Multifamily standards apply. See Division 3-2-2, Housing Palette
RH	On campus of a place of assembly or hospital	Minimum lot area: 30,000 sf.	Multifamily standards apply. See Division 3-2-2, Housing Palette
BP	On campus of a college or university, place of assembly, or hospital	NA	NA
TABLE NOTES: NA = Not Applicable

Table 2-2-3-3F Dormitory / Fraternity / Sorority Standards
Zone	Location or Context Standard	Lot Area Standard	Design Standard
EN-MF	Located within 1/2 mile of a college, university, or hospital, measured as the distance between nearest property lines, along street right-of-way or hard-surfaced trail centerlines	Minimum lot area: 18,750 sf.	See Article 3-1, Established Neighborhood Zones
RM	On campus of a place of assembly or hospital	Minimum lot area: 30,000 sf.	Multifamily standards apply. See Division 3-2-2, Housing Palette
RH	On campus of a place of assembly or hospital	Minimum lot area: 30,000 sf.	Multifamily standards apply. See Division 3-2-2, Housing Palette
BP	On campus of a college or university, place of assembly, or hospital	NA	NA
TABLE NOTES: NA = Not Applicable

Table 2-2-3-3F Dormitory / Fraternity / Sorority Standards
Zone	Location or Context Standard	Lot Area Standard	Design Standard
EN-MF	Located within 1/2 mile of a college, university, or hospital, measured as the distance between nearest property lines, along street right-of-way or hard-surfaced trail centerlines	Minimum lot area: 18,750 sf.	See Article 3-1, Established Neighborhood Zones
RM	On campus of a place of assembly or hospital	Minimum lot area: 30,000 sf.	Multifamily standards apply. See Division 3-2-2, Housing Palette
RH	On campus of a place of assembly or hospital	Minimum lot area: 30,000 sf.	Multifamily standards apply. See Division 3-2-2, Housing Palette
BP	On campus of a college or university, place of assembly, or hospital	NA	NA
TABLE NOTES: NA = Not Applicable

Table 2-2-3-3F Dormitory / Fraternity / Sorority Standards
Zone	Location or Context Standard	Lot Area Standard	Design Standard
EN-MF	Located within 1/2 mile of a college, university, or hospital, measured as the distance between nearest property lines, along street right-of-way or hard-surfaced trail centerlines	Minimum lot area: 18,750 sf.	See Article 3-1, Established Neighborhood Zones
RM	On campus of a place of assembly or hospital	Minimum lot area: 30,000 sf.	Multifamily standards apply. See Division 3-2-2, Housing Palette
RH	On campus of a place of assembly or hospital	Minimum lot area: 30,000 sf.	Multifamily standards apply. See Division 3-2-2, Housing Palette
BP	On campus of a college or university, place of assembly, or hospital	NA	NA
TABLE NOTES: NA = Not Applicable

P.
Boarding House Uses. Boarding houses are allowed as a special use in the RH, MU-N, and MU-A zone, and a limited use in the RM zone, if it is demonstrated that the applicable standards for location, context, lot area, and design that are set out in Table 2-2-3-3G, Boarding House Standards, are met.

Table 2-2-3-3G Boarding House Standards
Zone	Location or Context Standard	Lot Area Standard	Design Standard
RM	Allowed in the neighborhood center of a TND. (see Section 4-1-3-7, Traditional Neighborhood Development)	NA	Single-family detached standards apply. See Section 3-2-2-2, Single-Family Detached
RH	Allowed in the neighborhood center of a TND. (see Section 4-1-3-7, Traditional Neighborhood Development)	NA	Single-family detached standards apply. See Section 3-2-2-2, Single-Family Detached.
MU-N	New construction or adaptive re-use of existing single-family detached building	NA	New buildings shall meet single-family detached standards for "general" lots. See Section 3-2-2-2, Single-Family Detached.
MU-A	New construction or adaptive re-use of existing single-family detached building	NA	New buildings shall meet single-family detached standards for "general" lots. See Section 3-2-2-2, Single-Family Detached.
TABLE NOTES: NA = Not Applicable

Table 2-2-3-3G Boarding House Standards
Zone	Location or Context Standard	Lot Area Standard	Design Standard
RM	Allowed in the neighborhood center of a TND. (see Section 4-1-3-7, Traditional Neighborhood Development)	NA	Single-family detached standards apply. See Section 3-2-2-2, Single-Family Detached
RH	Allowed in the neighborhood center of a TND. (see Section 4-1-3-7, Traditional Neighborhood Development)	NA	Single-family detached standards apply. See Section 3-2-2-2, Single-Family Detached.
MU-N	New construction or adaptive re-use of existing single-family detached building	NA	New buildings shall meet single-family detached standards for "general" lots. See Section 3-2-2-2, Single-Family Detached.
MU-A	New construction or adaptive re-use of existing single-family detached building	NA	New buildings shall meet single-family detached standards for "general" lots. See Section 3-2-2-2, Single-Family Detached.
TABLE NOTES: NA = Not Applicable

Table 2-2-3-3G Boarding House Standards
Zone	Location or Context Standard	Lot Area Standard	Design Standard
RM	Allowed in the neighborhood center of a TND. (see Section 4-1-3-7, Traditional Neighborhood Development)	NA	Single-family detached standards apply. See Section 3-2-2-2, Single-Family Detached
RH	Allowed in the neighborhood center of a TND. (see Section 4-1-3-7, Traditional Neighborhood Development)	NA	Single-family detached standards apply. See Section 3-2-2-2, Single-Family Detached.
MU-N	New construction or adaptive re-use of existing single-family detached building	NA	New buildings shall meet single-family detached standards for "general" lots. See Section 3-2-2-2, Single-Family Detached.
MU-A	New construction or adaptive re-use of existing single-family detached building	NA	New buildings shall meet single-family detached standards for "general" lots. See Section 3-2-2-2, Single-Family Detached.
TABLE NOTES: NA = Not Applicable

Table 2-2-3-3G Boarding House Standards
Zone	Location or Context Standard	Lot Area Standard	Design Standard
RM	Allowed in the neighborhood center of a TND. (see Section 4-1-3-7, Traditional Neighborhood Development)	NA	Single-family detached standards apply. See Section 3-2-2-2, Single-Family Detached
RH	Allowed in the neighborhood center of a TND. (see Section 4-1-3-7, Traditional Neighborhood Development)	NA	Single-family detached standards apply. See Section 3-2-2-2, Single-Family Detached.
MU-N	New construction or adaptive re-use of existing single-family detached building	NA	New buildings shall meet single-family detached standards for "general" lots. See Section 3-2-2-2, Single-Family Detached.
MU-A	New construction or adaptive re-use of existing single-family detached building	NA	New buildings shall meet single-family detached standards for "general" lots. See Section 3-2-2-2, Single-Family Detached.
TABLE NOTES: NA = Not Applicable

Effective on: 12/4/2024

Sec. 2-2-3-4 Standards for Transient Residential Land Uses and Overnight Accommodations

A.
Generally. The standards of this Section apply to transient residential uses and overnight accommodations which are enumerated in Table 2-1-3-3, Residential, Transient Residential, and Overnight Accommodations, under the subheading "Transient Residential Land Uses and Overnight Accommodations," in instances where the use is shown as a special use ("S"), a limited use ("L"), or a conditional use ("C") in a particular zone. Note that other standards may also apply. See Section 2-2-1-2, Application of Article.
B.
Bed and Breakfasts and Bed and Breakfast Inns. Bed and breakfasts and bed and breakfast inns may be allowed as conditional uses in the EN-1, EN-2, EN-MF, and RM zones, and as limited uses in the RA zone, and are allowed as special uses in the RH zone, if it is demonstrated that the standards for location, context, and operation that are set out in Table 2-2-3-4A, Bed and Breakfast / Bed and Breakfast Inn Standards, are met.

Table 2-2-3-4A Bed and Breakfast / Bed and Breakfast Inn Standards
Zone	Location or Context Standard	Operational Requirements
EN-1	Lot is located on a corner at which one of the intersecting streets is College Drive, 8th Street, or 8th Avenue; or lot fronts on 3rd Avenue.	Use is limited to a bed and breakfast.
EN-2	Lot abuts East 2nd Avenue, North of 28th Street; or lot abuts Animas River, except lots that take access from Alamo Drive.	Use is limited to a bed and breakfast.
EN-MF	Must be an adaptive re-use of an existing residential building.	NA
RM	Allowed within 150 feet of the neighborhood center of a TND. (see Section 4-1-3-7, Traditional Neighborhood Development)	NA
RH	Allowed within 150 feet of the neighborhood center of a TND. (see Section 4-1-3-7, Traditional Neighborhood Development)	NA
RA	Allowed on parcels that are at least 10 acres in area; or on parcels that are at least 12,000 sf. in area which front on an arterial or collector street and are developed with an existing single-family detached building.	NA
TABLE NOTES: NA = Not Applicable

Table 2-2-3-4A Bed and Breakfast / Bed and Breakfast Inn Standards
Zone	Location or Context Standard	Operational Requirements
EN-1	Lot is located on a corner at which one of the intersecting streets is College Drive, 8th Street, or 8th Avenue; or lot fronts on 3rd Avenue.	Use is limited to a bed and breakfast.
EN-2	Lot abuts East 2nd Avenue, North of 28th Street; or lot abuts Animas River, except lots that take access from Alamo Drive.	Use is limited to a bed and breakfast.
EN-MF	Must be an adaptive re-use of an existing residential building.	NA
RM	Allowed within 150 feet of the neighborhood center of a TND. (see Section 4-1-3-7, Traditional Neighborhood Development)	NA
RH	Allowed within 150 feet of the neighborhood center of a TND. (see Section 4-1-3-7, Traditional Neighborhood Development)	NA
RA	Allowed on parcels that are at least 10 acres in area; or on parcels that are at least 12,000 sf. in area which front on an arterial or collector street and are developed with an existing single-family detached building.	NA
TABLE NOTES: NA = Not Applicable

Table 2-2-3-4A Bed and Breakfast / Bed and Breakfast Inn Standards
Zone	Location or Context Standard	Operational Requirements
EN-1	Lot is located on a corner at which one of the intersecting streets is College Drive, 8th Street, or 8th Avenue; or lot fronts on 3rd Avenue.	Use is limited to a bed and breakfast.
EN-2	Lot abuts East 2nd Avenue, North of 28th Street; or lot abuts Animas River, except lots that take access from Alamo Drive.	Use is limited to a bed and breakfast.
EN-MF	Must be an adaptive re-use of an existing residential building.	NA
RM	Allowed within 150 feet of the neighborhood center of a TND. (see Section 4-1-3-7, Traditional Neighborhood Development)	NA
RH	Allowed within 150 feet of the neighborhood center of a TND. (see Section 4-1-3-7, Traditional Neighborhood Development)	NA
RA	Allowed on parcels that are at least 10 acres in area; or on parcels that are at least 12,000 sf. in area which front on an arterial or collector street and are developed with an existing single-family detached building.	NA
TABLE NOTES: NA = Not Applicable

Table 2-2-3-4A Bed and Breakfast / Bed and Breakfast Inn Standards
Zone	Location or Context Standard	Operational Requirements
EN-1	Lot is located on a corner at which one of the intersecting streets is College Drive, 8th Street, or 8th Avenue; or lot fronts on 3rd Avenue.	Use is limited to a bed and breakfast.
EN-2	Lot abuts East 2nd Avenue, North of 28th Street; or lot abuts Animas River, except lots that take access from Alamo Drive.	Use is limited to a bed and breakfast.
EN-MF	Must be an adaptive re-use of an existing residential building.	NA
RM	Allowed within 150 feet of the neighborhood center of a TND. (see Section 4-1-3-7, Traditional Neighborhood Development)	NA
RH	Allowed within 150 feet of the neighborhood center of a TND. (see Section 4-1-3-7, Traditional Neighborhood Development)	NA
RA	Allowed on parcels that are at least 10 acres in area; or on parcels that are at least 12,000 sf. in area which front on an arterial or collector street and are developed with an existing single-family detached building.	NA
TABLE NOTES: NA = Not Applicable

C.
Guest Ranch. Guest ranches may be allowed as a conditional use in the RA zone if it is demonstrated that:
1. 1.
  The parcel proposed for development is a working ranch with a minimum area of 40 acres.
2. 2.
  Guest rooms are located:
  1. a.
    In the farmhouse; or
  2. b.
    In buildings that have the character of barns or other agricultural buildings; or
  3. c.
    In cabins that are completely screened from view from public rights-of-way and abutting properties by landscaping and topography.
3. 3.
  Areas used for campfires and organized outdoor activities are set back at least 100 feet from all property lines.
4. 4.
  If the capacity of the guest ranch is more than 30 persons, then:
  1. a.
    All meals will be offered on-site; and
  2. b.
    Group transportation to off-site recreational activities will be provided.
D.
Hostel. Hostels may be allowed as a conditional use in the RH and RA zones if it is demonstrated that:
1. 1.
  RH Zone. Hostels may be allowed in the neighborhood center of a TND. (see Section 4-1-3-7, Traditional Neighborhood Development).
2. 2.
  RA Zone. Hostels may be allowed in locations that are within one-quarter mile of major regional outdoor recreational areas, measured along the centerline of the street or a hard-surfaced trail.
E.
Hotels and Motels, Convention. Convention hotels and motels are allowed as a special use in the CB zone if it is demonstrated that they are separated from residential zones by at least 200 feet, measured as the shortest distance between the property line of the hotel or motel and the residential zone boundary.
F.
Timeshare / Fractional Ownership. Timeshare and fractional ownership uses may be allowed as a conditional use in the CB zoneand may be allowed as a limited use in the MU-A zone if it is demonstrated that:
1. 1.
  The parcel proposed for development is not located within 100 feet of a residential zone boundary;
2. 2.
  The use is located on the upper floor(s) of one or more mixed-use buildings, or is located in the same building as a hotel or motel use; and
3. 3.
  Parking is provided on-site.
G.
Vacation Rental Homes. Vacation rental homes may be allowed as limited uses in the EN-1, EN-2, CB, MU-N, MU-A, and PD zones. Vacation rental properties with valid permits in the EN-MF, RM, and RH zones may remain active with a legal, non-conforming status until there is a change of ownership, an inactive period of 1 year, or a failure to renew a business license, at which point these permits shall automatically expire and cannot be renewed. Vacation rental homes are not permitted on properties with Accessory Dwelling Units.
1. 1.
  Purpose. The provisions of this subsection are necessary to prevent unreasonable burdens on services and impacts on residential neighborhoods posed by vacation rental homes. Special regulation of these uses is necessary to ensure that they will be compatible with surrounding residential uses and will not act to harm and alter the neighborhoods in which they are located. Maintenance of Durango's existing residential neighborhoods is essential to its continued economic strength. It is the intent of this subsection to minimize the impact of vacation rentals on adjacent residences, and to minimize the impact of the commercial character of vacation rentals.
2. 2.
  Density. The maximum density for vacation rental homes shall be as follows:
  1. a.
    EN-1. A total of 22 vacation rental home permits are allowed in EN-1.
  2. b.
    EN-2. A total of 17 vacation rental home permits are allowed in EN-2.
3. 3.
  Spacing.
  1. a.
    In the EN-1 and EN-2 zones, not more than one vacation rental home shall be located on all properties or lots that abut any street segment. For corner lots, this standard applies to both street segments that abut that corner lot and only one vacation rental is permitted on the corner lots that abut the intersection. Vacation rental homes that were legally established and have been legally maintained prior to the effective date of this LUDC, shall be considered as the allowed unit for that applicable street segment.
  2. b.
    A second vacation rental home may be allowed on a street segment with a conditional use permit if, in addition to the other applicable standards of this LUDC, it is demonstrated that:
    i.
    The second vacation rental home must be the primary residence for the property owner and the vacation rental home use is part-time, the limits of which will be established as part of the conditional use permit process. Part-time vacation rentals shall submit an annual audit detailing rental activity for the prior year to the City by January 31st of the current year to confirm that the operation is in conformance with permit conditions and aligns with reported Sales and Lodger's tax collections.
    ii.
    The second vacation rental home is located on a street segment with more than five separate residential parcels fronting on the street segment; in no case shall a second vacation rental home be allowed on a street segment with 5 or fewer residential parcels fronting on it.
4. 4.
  Occupancy.
  1. a.
    A dwelling unit for which a vacation rental home use is approved may alternatively be used as a full-time residence for the owner or a lessee. However, during vacation rental tenancies, the building shall not be used for any other purpose (e.g., home occupation or temporary event).
  2. b.
    The Administrator shall specify the maximum number of occupants allowed in each individual vacation rental. The maximum number of occupants allowed in a vacation rental home shall not exceed the lesser of:
    i.
    Three persons per parking space; or
    ii.
    Two persons, plus two persons per bedroom.
5. 5.
  Appearance and Visibility.
  1. a.
    Except in the CB Zone, the vacation rental home use shall not change the residential character of the outside of a dwelling unit, either by the use of colors, materials, signage, lighting; or by the construction of accessory structures or garages that are visible off-site and not of the same architectural character as the residence; or by the emission of noise, glare, flashing lights, vibrations, or odors not commonly experienced in residential areas.
6. 6.
  Parking.
  1. a.
    All parking associated with a vacation rental home in EN-1, EN-2, and PD zones, see Section 4-5-2-2, Required Off-Street Parking Spaces (Parking Tables), shall be entirely on the same lot as the vacation rental home (e.g./ in the garage or driveway).
  2. b.
    All parking associated with a vacation rental home in CB, MU-N, and MU-A zones, see Section 4-5-2-2, Required Off-Street Parking Spaces (Parking Tables), shall be entirely on the same lot as the vacation rental home (e.g., in the garage or parking lot) or parking may be leased in compliance with the provisions of Section 4-5-3-2, Remote Parking.
  3. c.
    Vacation rental homes in the CB zone with three or more bedrooms may reduce the required parking by one space as long as the following conditions are met:
    i.
    The number of vehicles allowed by the occupants of the vacation rental home is restricted to the number of spaces provided.
    ii.
    All advertising for the vacation rental home will clearly display the restriction in the number of vehicles allowed.
  4. d.
    In multi-unit buildings or developments, only parking spaces that are specifically designated for the vacation rental home shall be used for tenant parking. Guest or overflow parking for the development shall not be used as parking for vacation rentals.
  5. e.
    In the EN-1 and EN-2 zones, on site tandem parking configurations may be used to provide required parking for vacation rentals with 2 or more bedrooms.
7. 7.
  Local Contact Person / Property Manager.
  1. a.
    A designated property manager, who may be the owner of the vacation rental home or the owner's agent, shall reside in Durango or La Plata County.
  2. b.
    The property manager shall be available 24 hours per day to ensure that the property is maintained and operated as required by this LUDC and the Durango Municipal Code, including but not limited to:
    i.
    Ensuring that the number of tenants does not exceed the limitations of subsection G.3., above.
    ii.
    Ensuring that the number of vehicles parked by tenants does not exceed the number of parking spaces on the lot; and
    iii.
    Ensuring that tenants do not violate noise restrictions.
  3. c.
    The name, address, and telephone number(s) of the property manager shall be submitted to the Community Development Department, the Durango Police Department, and the Durango Fire Protection District. Any change in the local contact person's address or telephone number(s) shall be promptly furnished to said agencies.
  4. d.
    If the local contact person is unavailable or fails to respond to a call from a tenant or the Administrator, then the police department will be contacted. The police will attempt to contact the property manager at the phone numbers on file. If the police are unable to contact the property manager, the owner shall be subject to the applicable penalties set out in Article 6-4, Enforcement and Remedies.
8. 8.
  Facilities. All bedrooms must have a floor area of at least 70 sf.
9. 9.
  Outdoor Storage. Storage of recreational vehicles, motorcycles, snowmobiles, boats, jet skis, vehicles such as modified jeeps that may not be legally operated on public streets, and other similar vehicles, machines, or recreational devices, is allowed on off-street paved parking surfaces on the same lot as the vacation rental home, in the same manner as allowed for other dwelling units in the same zone. These items may not be stored within the public right-of-way. If there is not enough legal on-site parking for the storage or parking of recreational vehicles / devices, the rental tenants or owner must provide alternative arrangements for their storage. The determination of what constitutes a vehicle or device, as described above, shall be determined by the Administrator.
10. 10.
  Trash and Recycling. All vacation rental homes must have bear-proof trash containers and curbside recycling containers on site in a convenient and discrete location.
11. 11.
  Fire Extinguishers. A fire extinguisher that is in good working order shall be maintained at all times on the premises of all vacation rental homes.
12. 12.
  Required Notices.
  1. a.
    The following notices shall be posted in a conspicuous location inside the rental unit:
    i.
    A copy of the vacation rental home permit;
    ii.
    The name, address, and telephone number(s) of the property manager;
    iii.
    A statement which reads: Occupants shall comply with the City's Noise Ordinance;
    iv.
    The location of the required parking spaces;
    v.
    The location of the fire extinguisher; and
    vi.
    Information on the trash and curbside recycling programs including:
    (A)
    Pickup schedules;
    (B)
    Instructions for operating wildlife containers; and
    (C)
    A notice that trash and recycling containers must not be stored outside or placed at the curb (or in the alley), except between 6:00 AM and 6:00 PM on the day of scheduled trash or recycling pickup.
  2. b.
    The vacation rental home permit number and business license number shall be clearly displayed on all advertisements and listings of the unit including online advertisements. For those vacation rental homes in existence on the effective date of this LUDC, the permit number will be distributed and must be displayed prior to any renewal of the unit's business license.
13. 13.
  Non-Transferability. Vacation rental home permits shall be granted solely to the Applicant and shall not be transferable to any other person or legal entity. The vacation rental home permit shall include a non-transferability clause and the use shall be terminated automatically upon the sale or change of ownership of the property for which a permit has been issued.
14. 14.
  Relationship to Other Ordinances.
  1. a.
    Each vacation rental home, including those in existence on the effective date of this LUDC, is subject to a lodger's tax license, a sales tax license, and a current business license, and all stipulations of this subsection regarding location.
  2. b.
    If an existing vacation rental home is not licensed, then the owner of the vacation rental home shall apply for a license within 120 days of the effective date of this LUDC.
  3. c.
    If the business license and transient occupancy tax registration have not been requested within the time frames set forth in this subsection, the penalties listed Article 6-4, Enforcement and Remedies, apply. This registration may be filed concurrently with the application for a permit under this Section.
  4. d.
    Vacation rental homes must meet the standards of the City's adopted building codes, as amended from time to time.
  5. e.
    Vacation rental homes are subject to the same safety and health inspections that apply to other licensed places of accommodation.
  6. f.
    Vacation rental homes in mixed-use buildings are not required to comply with the standards in Section 2-2-3-4.G.7 provided the Applicant submits documentation showing they have distributed contact information for the local contact person to all unit owners and tenants in the building.
15. 15.
  Special Rules for CB, MU-N, MU-A, and PD Zones.
  1. a.
    In the CB, MU-N, and MU-A zones, vacation rentals are only allowed in mixed-use buildings and developments.
    i.
    Vacation rentals must be specifically listed as an allowed use on a prior land use approval or development agreement. Vacation rentals which were lawfully permitted on the date of the adoptions of this ordinance are allowed to continue operating as long as they maintain compliance with the terms of their permit.
    ii.
    If a prior land use approval or development agreement does not list vacation rentals as an allowed use, applicants may request an amendment to allow vacation rentals. Amendments shall be processed as described in Article 6-3 Permits and Procedures, or, if applicable, as described in said land use approval or development agreement.
    iii.
    New land use approvals and amendments allowing vacation rentals shall specify the total number of residential units that are allowed to be used in the building or development as vacation rentals. If an amendment is requested for an existing development, the number of allowed units to be used as vacation rentals will generally not be less than the number of existing lawfully permitted vacation rentals in the development at the date of the adoption of this ordinance.
  2. b.
    In PD Zones.
    i.
    Vacation rentals are only allowed in PD zones which specifically list vacation rentals as an allowed use by the PD Agreement which governs the PD zone.
    ii.
    If the PD Agreement which governs the PD zone does not specifically list vacation rentals as an allowed use, the PD must be amended as set out in Section 6-3-10-7 Modification of Planned Development Approvals. Changing a PD zone to allow vacation home rentals shall constitute a major amendment to the PD zone. Prior to application for a PD Amendment, written consent to allow vacation rentals must be obtained from a two-thirds majority of the property owners within the planned development, and the affected property owners may request the establishment of criteria and procedures to review the proposed vacation home rental.
    iii.
    New PD Agreements and any PD Amendments allowing vacation rentals shall contain a specific number of units that are allowed to be used in that development as vacation rentals.

Effective on: 1/1/2026

Sec. 2-2-3-5 Standards for Institutional Uses

A.
Generally. The standards of this Section apply to institutional uses which are enumerated in Table 2-1-3-4, Institutional, Education, Protective Care, Natural Medicine, and Health Care Use/Zone Matrix, under the subheading "Institutional Uses," in instances where the use is shown as a special use ("S"), a limited use ("L"), or a conditional use ("C") in a particular zone. Note that other standards may also apply. See Section 2-2-1-2, Application of Article.
B.
Day Care, Adult. Adult day care uses may be allowed as limited uses in the EN-1, EN-2, EN-MF, RL, and RA zones, provided that:
1. 1.
  Location. In the RL zone, adult day care uses that provide service to more than six clients at a time shall take access from a collector or arterial street.
2. 2.
  Building Type. If services are provided for more than six clients at a time, the use shall be located in:
  1. a.
    An existing nonresidential building; or
  2. b.
    An existing multifamily building which is converted from residential use to an adult day care use.
3. 3.
  Parking. Where a dwelling unit is used to provide adult day care for six or fewer people in the EN-1, EN-2 or RL zones, one parking space shall be provided in addition to the parking required for the dwelling unit pursuant to Section 4-5-2-2, Required Off-Street Parking Spaces (Parking Tables).
4. 4.
  Signage. Signage is not allowed for adult day care uses that are located in dwelling units. Adult day care uses that are located in nonresidential buildings may display signage according to the requirements of Article 3-6, Signs.
C.
Day Care, Child. Child day care uses may be allowed as a special or limited use in the EN, EN-MF, RL, RM, RH, CB, MU-N, MU-A, CG, BP, and RA zones, if compliance with the applicable standards of this subsection is demonstrated.
1. 1.
  Statutory and Administrative Rule Requirements. Day care facilities shall comply with applicable Colorado statutes and administrative rules, including but not limited to CCR § 7.702.8.
2. 2.
  Child Day Care Facilities with Six or Fewer Attendees.
  1. a.
    In the EN, EN-MF, RM, and RH zones, child care facilities with 6 or fewer attendees are allowed if:
    i.
    Off-street parking for the dwelling unit is in compliance with the requirements of this LUDC; and
    ii.
    Not more than two child day care facilities are located on each street segment.
  2. b.
    In the CB, MU-A, MU-N, RL, RA, and PD zones, child care facilities with six or fewer attendees are allowed only in single-family detached dwelling units or places of public assembly.
3. 3.
  Child Day Care Facilities with Seven to 12 Attendees. The required building types, operating hours, and parking requirements for child day care facilities with seven to 12 attendees are set out by zone in Table 2-2-3-5A, Building Types, Hours, and Parking Requirements for Child Day Care (7 to 12 Attendees).

Table 2-2-3-5A Building Types, Hours, and Parking Requirements for Child Day Care (7 to 12 Attendees)
Standard	Zone¹
Standard	EN	EN-MF	RL	RM	RH	CB	MU-N	MU-A	CG	BP
TABLE NOTES: 1. A checkmark in a zone column means that the standard stated in the left-hand column on the same row applies in the indicated zone.
Type of Building in which Use is Allowed
Single-family detached dwelling unit
Existing nonresidential building
New nonresidential building
Nonresidential parts of multifamily buildings
Nonresidential parts of mixed-use buildings
Hours of Operation
No operation between 8:00 PM and 6:00 AM if located in a dwelling unit
Additional Parking Requirement
If located in a dwelling unit, one space required in addition to parking required for dwelling unit

Table 2-2-3-5A Building Types, Hours, and Parking Requirements for Child Day Care (7 to 12 Attendees)
Standard	Zone¹
Standard	EN	EN-MF	RL	RM	RH	CB	MU-N	MU-A	CG	BP
TABLE NOTES: 1. A checkmark in a zone column means that the standard stated in the left-hand column on the same row applies in the indicated zone.
Type of Building in which Use is Allowed
Single-family detached dwelling unit
Existing nonresidential building
New nonresidential building
Nonresidential parts of multifamily buildings
Nonresidential parts of mixed-use buildings
Hours of Operation
No operation between 8:00 PM and 6:00 AM if located in a dwelling unit
Additional Parking Requirement
If located in a dwelling unit, one space required in addition to parking required for dwelling unit

Table 2-2-3-5A Building Types, Hours, and Parking Requirements for Child Day Care (7 to 12 Attendees)
Standard	Zone¹
Standard	EN	EN-MF	RL	RM	RH	CB	MU-N	MU-A	CG	BP
TABLE NOTES: 1. A checkmark in a zone column means that the standard stated in the left-hand column on the same row applies in the indicated zone.
Type of Building in which Use is Allowed
Single-family detached dwelling unit
Existing nonresidential building
New nonresidential building
Nonresidential parts of multifamily buildings
Nonresidential parts of mixed-use buildings
Hours of Operation
No operation between 8:00 PM and 6:00 AM if located in a dwelling unit
Additional Parking Requirement
If located in a dwelling unit, one space required in addition to parking required for dwelling unit

Table 2-2-3-5A Building Types, Hours, and Parking Requirements for Child Day Care (7 to 12 Attendees)
Standard	Zone¹
Standard	EN	EN-MF	RL	RM	RH	CB	MU-N	MU-A	CG	BP
TABLE NOTES: 1. A checkmark in a zone column means that the standard stated in the left-hand column on the same row applies in the indicated zone.
Type of Building in which Use is Allowed
Single-family detached dwelling unit
Existing nonresidential building
New nonresidential building
Nonresidential parts of multifamily buildings
Nonresidential parts of mixed-use buildings
Hours of Operation
No operation between 8:00 PM and 6:00 AM if located in a dwelling unit
Additional Parking Requirement
If located in a dwelling unit, one space required in addition to parking required for dwelling unit

1. 4.
  Child Day Care Facilities with 13 or More Attendees. The required building types, access types, and bufferyards for child day care facilities with 13 or more attendees are set out by zone in Table 2-2-3-5B, Building Type, Access, and Bufferyard Requirements for Child Day Care (13+ Attendees).

Table 2-2-3-5B Building Type, Access, and Bufferyard Requirements for Child Day Care (13+ Attendees)
Standard	Zone¹
Standard	EN	EN-MF	RL	RM	RH	CB	MU-N	MU-A	CG	BP
TABLE NOTES: 1. A checkmark in a zone column means that the standard stated in the left-hand column on the same row applies in the indicated zone.
Type of Building in Which the Use May be Located
Existing Nonresidential building
New Nonresidential building
Nonresidential parts of multifamily buildings
Nonresidential parts of mixed-use buildings
Type of Access
Collector or arterial access is required, except in a TND development
Bufferyard Requirement
Outdoor play areas enclosed with a fence with a minimum height of four feet
Outdoor play areas buffered from residential uses with 30% opacity bufferyard (see Division 4-6-3, Buffering Requirements)

Table 2-2-3-5B Building Type, Access, and Bufferyard Requirements for Child Day Care (13+ Attendees)
Standard	Zone¹
Standard	EN	EN-MF	RL	RM	RH	CB	MU-N	MU-A	CG	BP
TABLE NOTES: 1. A checkmark in a zone column means that the standard stated in the left-hand column on the same row applies in the indicated zone.
Type of Building in Which the Use May be Located
Existing Nonresidential building
New Nonresidential building
Nonresidential parts of multifamily buildings
Nonresidential parts of mixed-use buildings
Type of Access
Collector or arterial access is required, except in a TND development
Bufferyard Requirement
Outdoor play areas enclosed with a fence with a minimum height of four feet
Outdoor play areas buffered from residential uses with 30% opacity bufferyard (see Division 4-6-3, Buffering Requirements)

Table 2-2-3-5B Building Type, Access, and Bufferyard Requirements for Child Day Care (13+ Attendees)
Standard	Zone¹
Standard	EN	EN-MF	RL	RM	RH	CB	MU-N	MU-A	CG	BP
TABLE NOTES: 1. A checkmark in a zone column means that the standard stated in the left-hand column on the same row applies in the indicated zone.
Type of Building in Which the Use May be Located
Existing Nonresidential building
New Nonresidential building
Nonresidential parts of multifamily buildings
Nonresidential parts of mixed-use buildings
Type of Access
Collector or arterial access is required, except in a TND development
Bufferyard Requirement
Outdoor play areas enclosed with a fence with a minimum height of four feet
Outdoor play areas buffered from residential uses with 30% opacity bufferyard (see Division 4-6-3, Buffering Requirements)

Table 2-2-3-5B Building Type, Access, and Bufferyard Requirements for Child Day Care (13+ Attendees)
Standard	Zone¹
Standard	EN	EN-MF	RL	RM	RH	CB	MU-N	MU-A	CG	BP
TABLE NOTES: 1. A checkmark in a zone column means that the standard stated in the left-hand column on the same row applies in the indicated zone.
Type of Building in Which the Use May be Located
Existing Nonresidential building
New Nonresidential building
Nonresidential parts of multifamily buildings
Nonresidential parts of mixed-use buildings
Type of Access
Collector or arterial access is required, except in a TND development
Bufferyard Requirement
Outdoor play areas enclosed with a fence with a minimum height of four feet
Outdoor play areas buffered from residential uses with 30% opacity bufferyard (see Division 4-6-3, Buffering Requirements)

D.
Funeral Home. Funeral home uses may be allowed as a conditional use in the EN-1, EN-MF, RM, and RH zones, and a limited use in the CR zone if it is demonstrated that the standards of Table 2-2-3-5C, Funeral Home Standards, are met.

Table 2-2-3-5C Funeral Home Standards
Standard	Zone¹
Standard	EN	EN-MF	RM	RH	CR
TABLE NOTES: 1. A checkmark in a zone column means that the standard stated in the left-hand column on the same row applies in the indicated zone.
Type of Access
Arterial or Collector Access is Required
Building Type
Building must be an adaptive re-use of an existing nonresidential building or part thereof
Use Restrictions
No cremation on-site
If cremation is performed, a supplemental filtration system shall be installed to reduce airborne mercury and particulate matter
Additional Setback Requirements
If cremation is performed on-site, vents must be set back 75 feet from all property lines

Table 2-2-3-5C Funeral Home Standards
Standard	Zone¹
Standard	EN	EN-MF	RM	RH	CR
TABLE NOTES: 1. A checkmark in a zone column means that the standard stated in the left-hand column on the same row applies in the indicated zone.
Type of Access
Arterial or Collector Access is Required
Building Type
Building must be an adaptive re-use of an existing nonresidential building or part thereof
Use Restrictions
No cremation on-site
If cremation is performed, a supplemental filtration system shall be installed to reduce airborne mercury and particulate matter
Additional Setback Requirements
If cremation is performed on-site, vents must be set back 75 feet from all property lines

Table 2-2-3-5C Funeral Home Standards
Standard	Zone¹
Standard	EN	EN-MF	RM	RH	CR
TABLE NOTES: 1. A checkmark in a zone column means that the standard stated in the left-hand column on the same row applies in the indicated zone.
Type of Access
Arterial or Collector Access is Required
Building Type
Building must be an adaptive re-use of an existing nonresidential building or part thereof
Use Restrictions
No cremation on-site
If cremation is performed, a supplemental filtration system shall be installed to reduce airborne mercury and particulate matter
Additional Setback Requirements
If cremation is performed on-site, vents must be set back 75 feet from all property lines

Table 2-2-3-5C Funeral Home Standards
Standard	Zone¹
Standard	EN	EN-MF	RM	RH	CR
TABLE NOTES: 1. A checkmark in a zone column means that the standard stated in the left-hand column on the same row applies in the indicated zone.
Type of Access
Arterial or Collector Access is Required
Building Type
Building must be an adaptive re-use of an existing nonresidential building or part thereof
Use Restrictions
No cremation on-site
If cremation is performed, a supplemental filtration system shall be installed to reduce airborne mercury and particulate matter
Additional Setback Requirements
If cremation is performed on-site, vents must be set back 75 feet from all property lines

E.
Institutional Residential. Institutional residential uses may be allowed as a conditional use in the EN-MF, RL, and RM zones, and as a limited use in the RH, MU-N, and MU-A zones, and as a special use and PB zone, provided that:
1. 1.
  Standards. The minimum lot area and dimensions, spacing, building coverage ratio, access, and type of building for institutional residential uses set out by zone in Table 2-2-3-5D, Institutional Residential Use Standards., are met.

Table 2-2-3-5D Institutional Residential Use Standards
Standard	Zone¹
Standard	EN-MF	RL	RH	MU-N	MU-A	PB
TABLE NOTES: 1. A checkmark in a zone column means that the standard stated in the left-hand column on the same row applies in the indicated zone.
Minimum Lot Area and Dimensions
The minimum lot area is one acre
The minimum lot width is 100 ft.
The minimum lot frontage is 100 ft.
Minimum Spacing (measured in a straight line from property line to property line of the respective uses)
600 feet between institutional residential uses
1,000 feet between institutional residential uses that involve alcohol or drug treatment and all medical marijuana and / or natural medicine uses
Maximum Building Coverage Ratio
Same as underlying zone (See Division 3-2-2, Housing Palette)
30 percent
40 percent
Required Access
Access must be from a collector, arterial, or nonresidential local street
If the capacity of the use is more than 15 residents, access must be from a collector or arterial street
Type of Building
Use shall be a re-use or adaptive re-use of an entire existing building

Table 2-2-3-5D Institutional Residential Use Standards
Standard	Zone¹
Standard	EN-MF	RL	RH	MU-N	MU-A	PB
TABLE NOTES: 1. A checkmark in a zone column means that the standard stated in the left-hand column on the same row applies in the indicated zone.
Minimum Lot Area and Dimensions
The minimum lot area is one acre
The minimum lot width is 100 ft.
The minimum lot frontage is 100 ft.
Minimum Spacing (measured in a straight line from property line to property line of the respective uses)
600 feet between institutional residential uses
1,000 feet between institutional residential uses that involve alcohol or drug treatment and all medical marijuana and / or natural medicine uses
Maximum Building Coverage Ratio
Same as underlying zone (See Division 3-2-2, Housing Palette)
30 percent
40 percent
Required Access
Access must be from a collector, arterial, or nonresidential local street
If the capacity of the use is more than 15 residents, access must be from a collector or arterial street
Type of Building
Use shall be a re-use or adaptive re-use of an entire existing building

Table 2-2-3-5D Institutional Residential Use Standards
Standard	Zone¹
Standard	EN-MF	RL	RH	MU-N	MU-A	PB
TABLE NOTES: 1. A checkmark in a zone column means that the standard stated in the left-hand column on the same row applies in the indicated zone.
Minimum Lot Area and Dimensions
The minimum lot area is one acre
The minimum lot width is 100 ft.
The minimum lot frontage is 100 ft.
Minimum Spacing (measured in a straight line from property line to property line of the respective uses)
600 feet between institutional residential uses
1,000 feet between institutional residential uses that involve alcohol or drug treatment and all medical marijuana and / or natural medicine uses
Maximum Building Coverage Ratio
Same as underlying zone (See Division 3-2-2, Housing Palette)
30 percent
40 percent
Required Access
Access must be from a collector, arterial, or nonresidential local street
If the capacity of the use is more than 15 residents, access must be from a collector or arterial street
Type of Building
Use shall be a re-use or adaptive re-use of an entire existing building

Table 2-2-3-5D Institutional Residential Use Standards
Standard	Zone¹
Standard	EN-MF	RL	RH	MU-N	MU-A	PB
TABLE NOTES: 1. A checkmark in a zone column means that the standard stated in the left-hand column on the same row applies in the indicated zone.
Minimum Lot Area and Dimensions
The minimum lot area is one acre
The minimum lot width is 100 ft.
The minimum lot frontage is 100 ft.
Minimum Spacing (measured in a straight line from property line to property line of the respective uses)
600 feet between institutional residential uses
1,000 feet between institutional residential uses that involve alcohol or drug treatment and all medical marijuana and / or natural medicine uses
Maximum Building Coverage Ratio
Same as underlying zone (See Division 3-2-2, Housing Palette)
30 percent
40 percent
Required Access
Access must be from a collector, arterial, or nonresidential local street
If the capacity of the use is more than 15 residents, access must be from a collector or arterial street
Type of Building
Use shall be a re-use or adaptive re-use of an entire existing building

1. 2.
  Occupancy. Occupancy shall not exceed:
  1. a.
    One person per bedroom that is less than 100 sf. in area;
  2. b.
    Two persons per bedroom that is 100 sf. to 150 sf. in area; and
  3. c.
    Three persons per bedroom that is more than 150 sf. in area.
2. 3.
  Buffering Standards.
  1. a.
    RL Zone. The use shall be buffered from any abutting single-family detached residential uses with a 40 percent opacity bufferyard (see Section 4-6-3-2, Standard Bufferyards) that includes an opaque wall or fence in locations outside of front yards.
  2. b.
    RH Zone. The use shall be buffered along all lot lines with a 30 percent opacity bufferyard that includes an opaque wall or fence in locations outside of the front and street side yards.
  3. c.
    MU-A Zone. Outdoor recreation and leisure areas must be enclosed by a fence that is at least five feet in height, and the use shall be buffered from abutting properties with a 30 percent opacity bufferyard if:
    i.
    The floor area of the use is larger than 5,000 sf.; or
    ii.
    The abutting zone is EN (any subdistrict), and the floor area of the use is larger than 3,000 sf.
  4. d.
    Useable Outdoor Areas. 50 square feet of useable outdoor area shall be provided per resident (based on design capacity).
F.
Library. Library uses are allowed as a special use in the EN-MF, RM, and CB zones, provided that:
1. 1.
  EN-MF Zone. The parcel proposed for development abuts a nonresidential zone.
2. 2.
  RM Zone. Libraries are allowed in the neighborhood center of a TND. See Section 4-1-3-7, Traditional Neighborhood Development.
3. 3.
  CB Zone. If the building fronts on Main Avenue, the ground floor floor area of the library shall not exceed 15,000 sf. (any amount of floor area is allowed on upper floors).
G.
Place of Assembly. Places of assembly uses may be allowed as a conditional use in the CR and LI zones, and as a limited use in the EN, EN-MF, RL, RM, CB, CG, and BP zones, and are allowed as special uses in the RH zone, provided that:
1. 1.
  EN and EN-MF Zones.
  1. a.
    Location of Use. The use must be located on the site of an existing place of assembly. The use may expand into abutting lots, provided that in the EN zone, the total land area does not exceed two times the land area that the use occupied on the effective date of this LUDC.
  2. b.
    Limitation on Off-Site, Off-Street Parking. Off-street parking is not allowed on non-contiguous lots in residential zones.
  3. c.
    Lighting of Signs. Signs shall not be internally lit. Shielded lamps may be used to illuminate the sign face if the light source is not visible from off-site and the illumination is focused on the sign.
2. 2.
  RL, RM, and RH Zones. The standards set out within Table 2-2-3-5E., Standards for Places of Assembly in the RL, RM, and RH Zones, apply within the RL, RM, and RH zones.

Table 2-2-3-5E Standards for Places of Assembly in the RL, RM, and RH Zones
Standard	Zone
Standard	RL	RM	RH
Minimum Lot Area	2 ac.	25,000 sf. (no minimum in neighborhood center of TND)	20,000 sf. (no minimum in neighborhood center of TND)
Minimum Lot Width	150 ft.	same as underlying zone	same as underlying zone
Minimum Frontage	150 ft.	same as underlying zone	same as underlying zone
Minimum Building Setbacks	20 ft. from all property lines	same as underlying zone	same as underlying zone
Maximum Floor Area Ratio	0.20	0.30	0.35
Required Access	Collector or Arterial Street	Collector or Arterial Street (or any street in neighborhood center of TND)	Collector or Arterial Street (or any street in neighborhood center of TND)
Required Bufferyard Along Residential Property Lines if Floor Area of Use is Greater than 5,000 sf. (See Section 4-6-3-2, Standard Bufferyards)	30% opacity	20% opacity	20% opacity

Table 2-2-3-5E Standards for Places of Assembly in the RL, RM, and RH Zones
Standard	Zone
Standard	RL	RM	RH
Minimum Lot Area	2 ac.	25,000 sf. (no minimum in neighborhood center of TND)	20,000 sf. (no minimum in neighborhood center of TND)
Minimum Lot Width	150 ft.	same as underlying zone	same as underlying zone
Minimum Frontage	150 ft.	same as underlying zone	same as underlying zone
Minimum Building Setbacks	20 ft. from all property lines	same as underlying zone	same as underlying zone
Maximum Floor Area Ratio	0.20	0.30	0.35
Required Access	Collector or Arterial Street	Collector or Arterial Street (or any street in neighborhood center of TND)	Collector or Arterial Street (or any street in neighborhood center of TND)
Required Bufferyard Along Residential Property Lines if Floor Area of Use is Greater than 5,000 sf. (See Section 4-6-3-2, Standard Bufferyards)	30% opacity	20% opacity	20% opacity

Table 2-2-3-5E Standards for Places of Assembly in the RL, RM, and RH Zones
Standard	Zone
Standard	RL	RM	RH
Minimum Lot Area	2 ac.	25,000 sf. (no minimum in neighborhood center of TND)	20,000 sf. (no minimum in neighborhood center of TND)
Minimum Lot Width	150 ft.	same as underlying zone	same as underlying zone
Minimum Frontage	150 ft.	same as underlying zone	same as underlying zone
Minimum Building Setbacks	20 ft. from all property lines	same as underlying zone	same as underlying zone
Maximum Floor Area Ratio	0.20	0.30	0.35
Required Access	Collector or Arterial Street	Collector or Arterial Street (or any street in neighborhood center of TND)	Collector or Arterial Street (or any street in neighborhood center of TND)
Required Bufferyard Along Residential Property Lines if Floor Area of Use is Greater than 5,000 sf. (See Section 4-6-3-2, Standard Bufferyards)	30% opacity	20% opacity	20% opacity

Table 2-2-3-5E Standards for Places of Assembly in the RL, RM, and RH Zones
Standard	Zone
Standard	RL	RM	RH
Minimum Lot Area	2 ac.	25,000 sf. (no minimum in neighborhood center of TND)	20,000 sf. (no minimum in neighborhood center of TND)
Minimum Lot Width	150 ft.	same as underlying zone	same as underlying zone
Minimum Frontage	150 ft.	same as underlying zone	same as underlying zone
Minimum Building Setbacks	20 ft. from all property lines	same as underlying zone	same as underlying zone
Maximum Floor Area Ratio	0.20	0.30	0.35
Required Access	Collector or Arterial Street	Collector or Arterial Street (or any street in neighborhood center of TND)	Collector or Arterial Street (or any street in neighborhood center of TND)
Required Bufferyard Along Residential Property Lines if Floor Area of Use is Greater than 5,000 sf. (See Section 4-6-3-2, Standard Bufferyards)	30% opacity	20% opacity	20% opacity

1. 3.
  CB Zone.
  1. a.
    Floor Area. If the building fronts on Main Avenue, the ground floor area of the place of assembly shall not exceed 15,000 sf. (any amount of floor area is allowed on upper floors).
  2. b.
    Required Access. If the floor area of the use is larger than 8,000 sf., then access shall be taken from an arterial or collector street.
2. 4.
  CG, CR, and BP Zones. If the floor area of the use is larger than 20,000 sf., then the use must take access from an arterial or collector street.
3. 5.
  LI Zone.
  1. a.
    Required Access. If the floor area of the use is larger than 20,000 sf., then the use must take access from an arterial or collector street.
  2. b.
    Bufferyards. The following bufferyards are required (see Division 4-6-3, Buffering Requirements):
    i.
    Along street frontages, 10 percent opacity.
    ii.
    Along all other property lines, 20 percent opacity, unless a more opaque bufferyard is required by Division 4-6-3, Buffering Requirements.

Effective on: 6/15/2022

Sec. 2-2-3-6 Standards for Education Uses

A.
Generally. The standards of this Section apply to education uses which are enumerated in Table 2-1-3-4, Institutional, Education, Protective Care, Natural Medicine, and Health Care, under the subheading "Education Uses," in instances where the use is shown as a special use ("S"), a limited use ("L"), or a conditional use ("C") in a particular zone. Note that other standards may also apply. See Section 2-2-1-2, Application of Article.
B.
All Educational Use Types (Except Elementary Schools). Access to the parcel proposed for development with an education use of any type, except elementary schools, shall be provided based on the design capacity of the proposed site, as follows:
1. 1.
  More than 250 Students Design Capacity. Arterial or collector.
2. 2.
  50 to 250 Students Design Capacity. Arterial or collector, or a local street, provided that the route between the access point and the nearest arterial or collector does not pass a single-family or duplex residential use.
3. 3.
  Less than 50 Students Design Capacity. Any street type.
C.
College, University, and Vocational School. College, university, and vocational school uses may be allowed as a limited use in the CB and MU-A zones if, in addition to the applicable standards of Subsection B., above, it is demonstrated that:
1. 1.
  Location. If the use fronts on Main Avenue, it occupies less than 7,500 sf. of the ground-level floor area. Any amount of upper-floor floor area is allowed.
2. 2.
  Use Restrictions. The use does not involve hands-on instruction in a trade that is not allowed in the zone in which the use is located. For example, auto repair instruction with hands-on training or demonstration on actual automobiles is not allowed because it relates to a prohibited use in the CB district (motor vehicle repairs and service, heavy and motor vehicle repairs and service, light); but cooking instruction is allowed because it relates to a permitted use (restaurant, no drive-in or drive-through).
D.
School, Boarding. Boarding schools may be allowed as a limited use in the EN-MF and RM zones and a special use in the RH and PB zones, if in addition to the applicable standards of Subsection B., above, the proposed use complies with the standards set out within Table 2-2-3-6A, Standards for Boarding Schools.

Table 2-2-3-6A Standards for Boarding Schools
Standard	Zone
Standard	EN-MF	RM	RH	PB
Minimum Lot / Parcel Area
Minimum Lot / Parcel Area	At least 1,500 sf. per student design capacity	10 acres	10 acres	Same as underlying zone
Limitation on Location
Location in Zone	Must be located on the site of an existing school or place of assembly, or on a lot or parcel that abuts an existing school or place of assembly (may expand into abutting property in the same zone)	No restriction other than lot / parcel area and required access	No restriction other than lot / parcel area and required access	No restriction other than lot / parcel area and required access
Lighting
Limitations on Lighting	No lighted athletic fields	NA	NA	NA
Parking
Location of Parking	Off-street parking on non-contiguous lots is not allowed	Off-street parking on non-contiguous lots is not allowed	Off-street parking on non-contiguous lots is not allowed	Off-street parking on non-contiguous lots is not allowed
Bufferyards (See Section 4-6-3-2, Standard Bufferyards)
Along Street Property Lines	10 percent opacity	10 percent opacity	10 percent opacity	10 percent opacity
Along Interior Property Lines	40 percent opacity	40 percent opacity	40 percent opacity	Same as underlying zone

Table 2-2-3-6A Standards for Boarding Schools
Standard	Zone
Standard	EN-MF	RM	RH	PB
Minimum Lot / Parcel Area
Minimum Lot / Parcel Area	At least 1,500 sf. per student design capacity	10 acres	10 acres	Same as underlying zone
Limitation on Location
Location in Zone	Must be located on the site of an existing school or place of assembly, or on a lot or parcel that abuts an existing school or place of assembly (may expand into abutting property in the same zone)	No restriction other than lot / parcel area and required access	No restriction other than lot / parcel area and required access	No restriction other than lot / parcel area and required access
Lighting
Limitations on Lighting	No lighted athletic fields	NA	NA	NA
Parking
Location of Parking	Off-street parking on non-contiguous lots is not allowed	Off-street parking on non-contiguous lots is not allowed	Off-street parking on non-contiguous lots is not allowed	Off-street parking on non-contiguous lots is not allowed
Bufferyards (See Section 4-6-3-2, Standard Bufferyards)
Along Street Property Lines	10 percent opacity	10 percent opacity	10 percent opacity	10 percent opacity
Along Interior Property Lines	40 percent opacity	40 percent opacity	40 percent opacity	Same as underlying zone

Table 2-2-3-6A Standards for Boarding Schools
Standard	Zone
Standard	EN-MF	RM	RH	PB
Minimum Lot / Parcel Area
Minimum Lot / Parcel Area	At least 1,500 sf. per student design capacity	10 acres	10 acres	Same as underlying zone
Limitation on Location
Location in Zone	Must be located on the site of an existing school or place of assembly, or on a lot or parcel that abuts an existing school or place of assembly (may expand into abutting property in the same zone)	No restriction other than lot / parcel area and required access	No restriction other than lot / parcel area and required access	No restriction other than lot / parcel area and required access
Lighting
Limitations on Lighting	No lighted athletic fields	NA	NA	NA
Parking
Location of Parking	Off-street parking on non-contiguous lots is not allowed	Off-street parking on non-contiguous lots is not allowed	Off-street parking on non-contiguous lots is not allowed	Off-street parking on non-contiguous lots is not allowed
Bufferyards (See Section 4-6-3-2, Standard Bufferyards)
Along Street Property Lines	10 percent opacity	10 percent opacity	10 percent opacity	10 percent opacity
Along Interior Property Lines	40 percent opacity	40 percent opacity	40 percent opacity	Same as underlying zone

Table 2-2-3-6A Standards for Boarding Schools
Standard	Zone
Standard	EN-MF	RM	RH	PB
Minimum Lot / Parcel Area
Minimum Lot / Parcel Area	At least 1,500 sf. per student design capacity	10 acres	10 acres	Same as underlying zone
Limitation on Location
Location in Zone	Must be located on the site of an existing school or place of assembly, or on a lot or parcel that abuts an existing school or place of assembly (may expand into abutting property in the same zone)	No restriction other than lot / parcel area and required access	No restriction other than lot / parcel area and required access	No restriction other than lot / parcel area and required access
Lighting
Limitations on Lighting	No lighted athletic fields	NA	NA	NA
Parking
Location of Parking	Off-street parking on non-contiguous lots is not allowed	Off-street parking on non-contiguous lots is not allowed	Off-street parking on non-contiguous lots is not allowed	Off-street parking on non-contiguous lots is not allowed
Bufferyards (See Section 4-6-3-2, Standard Bufferyards)
Along Street Property Lines	10 percent opacity	10 percent opacity	10 percent opacity	10 percent opacity
Along Interior Property Lines	40 percent opacity	40 percent opacity	40 percent opacity	Same as underlying zone

E.
School, Pre-School, Elementary, Middle, or High. Pre-school, elementary, middle, and high school uses are allowed according to that indicated in Table 2-1-3-4, Institutional, Education, Protective Care, Natural Medicine, and Health Care, in the EN, EN-MF, RL, RM, RH, MU-N, MU-A, CG, CR, PB, and CB zones, if, in addition to the applicable standards of Subsection B., above, provided that:
1. 1.
  The standards set out within Table 2-2-3-6B, Standards for Schools, are met.

Table 2-2-3-6B Standards for Schools
Zone	EN	EN-MF	RL	RM	RH	MU-N	MU-A	CG	CR	PB
TABLE NOTES: 1. If use is less than 10 acres, must demonstrate how land area is sufficient to meet educational program requirements. 2. Applies to middle schools only. High schools are not allowed in these zones. 3. Applies to middle and high schools only. Pre-schools and elementary schools are not allowed in these zones.
Minimum Lot / Parcel Area
Minimum Lot / Parcel Area for Pre-Schools and Elementary Schools	500 sf. per student design capacity¹	300 sf. per student design capacity¹	10 acres + 1 acre per 100 students design capacity			Not Allowed in These Zones				10 acres + 1 acre per 100 students design capacity
Minimum Lot / Parcel Area for Middle Schools	500 sf. per student design capacity¹	300 sf. per student design capacity¹	20 acres + 1 acre per 100 students design capacity			2,500 sf. per student design capacity or 2 acres, whichever is larger¹		20 acres + 1 acre per 100 students design capacity
Minimum Lot / Parcel Area for High Schools	Not Allowed in These Zones				30 acres + 1 acre per 100 students design capacity	1,500 sf. per student design capacity¹		30 acres + 1 acre per 100 students design capacity
Limitation on Location
Location in Zone	Middle schools must be located on the site of an existing school or place of assembly, or on a lot or parcel that abuts an existing school or place of assembly (may expand onto abutting property in the same zone)		No additional restrictions on location in these zones
Bufferyards (See Section 4-6-3-2, Standard Bufferyards)
Along Street Property Lines	10 percent opacity²	10 percent opacity²	10 percent opacity²	10 percent opacity²	10 percent opacity²	Same as underlying zone	Same as underlying zone	10 percent opacity³	10 percent opacity³	10 percent opacity
Along Interior Property Lines	40 percent opacity²	40 percent opacity²	40 percent opacity²	40 percent opacity²	40 percent opacity	Same as underlying zone	Same as underlying zone	40 percent opacity³	40 percent opacity³	Same as underlying zone

Table 2-2-3-6B Standards for Schools
Zone	EN	EN-MF	RL	RM	RH	MU-N	MU-A	CG	CR	PB
TABLE NOTES: 1. If use is less than 10 acres, must demonstrate how land area is sufficient to meet educational program requirements. 2. Applies to middle schools only. High schools are not allowed in these zones. 3. Applies to middle and high schools only. Pre-schools and elementary schools are not allowed in these zones.
Minimum Lot / Parcel Area
Minimum Lot / Parcel Area for Pre-Schools and Elementary Schools	500 sf. per student design capacity¹	300 sf. per student design capacity¹	10 acres + 1 acre per 100 students design capacity			Not Allowed in These Zones				10 acres + 1 acre per 100 students design capacity
Minimum Lot / Parcel Area for Middle Schools	500 sf. per student design capacity¹	300 sf. per student design capacity¹	20 acres + 1 acre per 100 students design capacity			2,500 sf. per student design capacity or 2 acres, whichever is larger¹		20 acres + 1 acre per 100 students design capacity
Minimum Lot / Parcel Area for High Schools	Not Allowed in These Zones				30 acres + 1 acre per 100 students design capacity	1,500 sf. per student design capacity¹		30 acres + 1 acre per 100 students design capacity
Limitation on Location
Location in Zone	Middle schools must be located on the site of an existing school or place of assembly, or on a lot or parcel that abuts an existing school or place of assembly (may expand onto abutting property in the same zone)		No additional restrictions on location in these zones
Bufferyards (See Section 4-6-3-2, Standard Bufferyards)
Along Street Property Lines	10 percent opacity²	10 percent opacity²	10 percent opacity²	10 percent opacity²	10 percent opacity²	Same as underlying zone	Same as underlying zone	10 percent opacity³	10 percent opacity³	10 percent opacity
Along Interior Property Lines	40 percent opacity²	40 percent opacity²	40 percent opacity²	40 percent opacity²	40 percent opacity	Same as underlying zone	Same as underlying zone	40 percent opacity³	40 percent opacity³	Same as underlying zone

Table 2-2-3-6B Standards for Schools
Zone	EN	EN-MF	RL	RM	RH	MU-N	MU-A	CG	CR	PB
TABLE NOTES: 1. If use is less than 10 acres, must demonstrate how land area is sufficient to meet educational program requirements. 2. Applies to middle schools only. High schools are not allowed in these zones. 3. Applies to middle and high schools only. Pre-schools and elementary schools are not allowed in these zones.
Minimum Lot / Parcel Area
Minimum Lot / Parcel Area for Pre-Schools and Elementary Schools	500 sf. per student design capacity¹	300 sf. per student design capacity¹	10 acres + 1 acre per 100 students design capacity			Not Allowed in These Zones				10 acres + 1 acre per 100 students design capacity
Minimum Lot / Parcel Area for Middle Schools	500 sf. per student design capacity¹	300 sf. per student design capacity¹	20 acres + 1 acre per 100 students design capacity			2,500 sf. per student design capacity or 2 acres, whichever is larger¹		20 acres + 1 acre per 100 students design capacity
Minimum Lot / Parcel Area for High Schools	Not Allowed in These Zones				30 acres + 1 acre per 100 students design capacity	1,500 sf. per student design capacity¹		30 acres + 1 acre per 100 students design capacity
Limitation on Location
Location in Zone	Middle schools must be located on the site of an existing school or place of assembly, or on a lot or parcel that abuts an existing school or place of assembly (may expand onto abutting property in the same zone)		No additional restrictions on location in these zones
Bufferyards (See Section 4-6-3-2, Standard Bufferyards)
Along Street Property Lines	10 percent opacity²	10 percent opacity²	10 percent opacity²	10 percent opacity²	10 percent opacity²	Same as underlying zone	Same as underlying zone	10 percent opacity³	10 percent opacity³	10 percent opacity
Along Interior Property Lines	40 percent opacity²	40 percent opacity²	40 percent opacity²	40 percent opacity²	40 percent opacity	Same as underlying zone	Same as underlying zone	40 percent opacity³	40 percent opacity³	Same as underlying zone

Table 2-2-3-6B Standards for Schools
Zone	EN	EN-MF	RL	RM	RH	MU-N	MU-A	CG	CR	PB
TABLE NOTES: 1. If use is less than 10 acres, must demonstrate how land area is sufficient to meet educational program requirements. 2. Applies to middle schools only. High schools are not allowed in these zones. 3. Applies to middle and high schools only. Pre-schools and elementary schools are not allowed in these zones.
Minimum Lot / Parcel Area
Minimum Lot / Parcel Area for Pre-Schools and Elementary Schools	500 sf. per student design capacity¹	300 sf. per student design capacity¹	10 acres + 1 acre per 100 students design capacity			Not Allowed in These Zones				10 acres + 1 acre per 100 students design capacity
Minimum Lot / Parcel Area for Middle Schools	500 sf. per student design capacity¹	300 sf. per student design capacity¹	20 acres + 1 acre per 100 students design capacity			2,500 sf. per student design capacity or 2 acres, whichever is larger¹		20 acres + 1 acre per 100 students design capacity
Minimum Lot / Parcel Area for High Schools	Not Allowed in These Zones				30 acres + 1 acre per 100 students design capacity	1,500 sf. per student design capacity¹		30 acres + 1 acre per 100 students design capacity
Limitation on Location
Location in Zone	Middle schools must be located on the site of an existing school or place of assembly, or on a lot or parcel that abuts an existing school or place of assembly (may expand onto abutting property in the same zone)		No additional restrictions on location in these zones
Bufferyards (See Section 4-6-3-2, Standard Bufferyards)
Along Street Property Lines	10 percent opacity²	10 percent opacity²	10 percent opacity²	10 percent opacity²	10 percent opacity²	Same as underlying zone	Same as underlying zone	10 percent opacity³	10 percent opacity³	10 percent opacity
Along Interior Property Lines	40 percent opacity²	40 percent opacity²	40 percent opacity²	40 percent opacity²	40 percent opacity	Same as underlying zone	Same as underlying zone	40 percent opacity³	40 percent opacity³	Same as underlying zone

1. 2.
  In the CB zone, pre-schools, elementary schools, middle schools, and high schools are allowed, provided that they are not located on the ground floor of buildings that front on Main Avenue south of 12th Street.

Effective on: 12/4/2024

Sec. 2-2-3-7 Standards for Protective Care and Shelter Uses

A.
Generally. The standards of this Section apply to protective care and shelter uses which are enumerated in Table 2-1-3-4, Institutional, Education, Protective Care, Natural Medicine, and Health Care, under the subheading "Protective Care, Safehouse, and Shelter Uses," in instances where the use is shown as a special use ("S"), a limited use ("L"), or a conditional use ("C") in a particular zone. Note that other standards may also apply. See Section 2-2-1-2, Application of Article.
B.
Protective Care. Protective care uses may be allowed as a conditional use in the LI zone and a limited use in the PB zone, if, in addition to the other applicable standards of this LUDC, compliance with the following standards is demonstrated:
1. 1.
  Minimum Lot / Parcel Dimensions.
  1. a.
    Minimum Lot / Parcel Area: 10 ac.
  2. b.
    Minimum Lot Width: 500 ft.
2. 2.
  Minimum Setbacks. The use shall be set back from all property lines at least 50 ft.
3. 3.
  Minimum Spacing. The use shall be spaced not less than 1,000 feet, measured in a straight line from property line to property line of the respective uses, from the following uses:
  1. a.
    Residential uses;
  2. b.
    Places of assembly;
  3. c.
    Schools (any type); and
  4. d.
    Libraries.
4. 4.
  Limitation on Location. No property line of a protective care use shall also be a boundary line of a zone, unless the boundary is:
  1. a.
    A municipal boundary line;
  2. b.
    A boundary with an LI. OS, or RA zone.
5. 5.
  Bufferyards. Bufferyards shall be provided along property lines as follows:
  1. a.
    Street Property Lines: 20 percent opacity.
  2. b.
    Interior Property Lines: 40 percent opacity.
6. 6.
  Other Requirements. An emergency response plan shall be provided to the Department. (See Section 6-3-8-3, Emergency Response Plans Required.)
C.
Shelter. Shelter uses may be allowed as a conditional use in the EN-MF and MU-N zones, and as a limited use in the RH, MU-A, RA, and PB zones, if, in addition to the other applicable standards of this LUDC, compliance with the following standards is demonstrated:
1. 1.
  Spacing from Other Shelters. Shelters shall be spaced from other shelters by a distance of at least 1,000 feet, measured in a straight line between the closest property lines. Shelters within the PB zone are neither subject to nor included in these spacing requirements.
2. 2.
  Required Access. If services are provided to more than 10 people at a time, access shall be taken from a collector or arterial street.
3. 3.
  Bufferyards. If services are provided to more than 10 people at a time, bufferyards shall be provided along property lines as follows:
  1. a.
    Street Property Lines: 10 percent opacity.
  2. b.
    Interior Property Lines: 40 percent opacity. (See Section 4-6-3-2, Standard Bufferyards.)

Effective on: 12/4/2024

Sec. 2-2-3-8 Standards for Health Care Uses

A.
Generally. The standards of this Section apply to health care uses which are enumerated in Table 2-1-3-4, Institutional, Education, Protective Care, Natural Medicine, and Health Care, under the subheading "Health Care Uses," in instances where the use is shown as a special use ("S"), a limited use ("L"), or a conditional use ("C") in a particular zone. Note that other standards may also apply. See Sec. 2-2-1-2, Application of Article.
B.
Assisted Living and Congregate Care. Assisted living and congregate care uses may be allowed as a limited use in the EN-1, EN-2, EN-3 EN-4, EN-5, EN-MF, RL, MU-N, MU-A, and PB zones, as a special use in the RM and RH zones and as a conditional use in the CG and CR zones, if, in addition to the other applicable standards of this LUDC, compliance with the standards of this Section is demonstrated.**
1. 1.
  Location. In the EN-1, EN-2, EN-3, EN-4, and EN-5 zones, the parcel proposed for development must abut a nonresidential zone (CG, CR, BP, or LI zones).
2. 2.
  Required Access. Access to the parcel proposed for development with an assisted living facility or congregate care facility of any type shallbe provided based on the residential capacity of the facility, as follows:
  1. a.
    More than eight Residents: Arterial or collector street, or a local street, provided that the route between the access point and the nearest arterial or collector street does not pass a single-family or duplex residential use.
  2. b.
    Eight or Fewer Residents: Any street type.
3. 3.
  Standards. Standards for lot area, outdoor recreation and leisure space, and spacing are set out in Table 2-2-3-8, Standards for Assisted Living and Congregate Care

Table 2-2-3-8 Standards for Assisted Living and Congregate Care
Standard	Zone
Standard	EN (1, 2, 3, 4, 5)	EN-MF	RL	RM	RH	MU-N	MU-A	CG	CR	PB
TABLE NOTES: 1. No minimum if located in the neighborhood center subdistrict of a traditional neighborhood development ("TND"). See Section 4-1-3-7, Traditional Neighborhood Developments NA = Not Applicable
Minimum lot area	NA	15,000 sf.	2.5 ac.	1 ac.¹	NA			2 ac.	2.5 ac.
Minimum outdoor recreation and leisure area	20 percent of lot area	5 percent of lot area	75 sf. per resident capacity	50 sf. per resident capacity	50 sf. per resident capacity	50 sf. per resident capacity	50 sf. per resident capacity	75 sf. per resident capacity	75 sf. per resident capacity	75 sf. per resident capacity
Minimum spacing from other assisted living and congregate care facilities in any zone, measured in a straight line between nearest property lines	250 ft.	250 ft.	NA

Table 2-2-3-8 Standards for Assisted Living and Congregate Care
Standard	Zone
Standard	EN (1, 2, 3, 4, 5)	EN-MF	RL	RM	RH	MU-N	MU-A	CG	CR	PB
TABLE NOTES: 1. No minimum if located in the neighborhood center subdistrict of a traditional neighborhood development ("TND"). See Section 4-1-3-7, Traditional Neighborhood Developments NA = Not Applicable
Minimum lot area	NA	15,000 sf.	2.5 ac.	1 ac.¹	NA			2 ac.	2.5 ac.
Minimum outdoor recreation and leisure area	20 percent of lot area	5 percent of lot area	75 sf. per resident capacity	50 sf. per resident capacity	50 sf. per resident capacity	50 sf. per resident capacity	50 sf. per resident capacity	75 sf. per resident capacity	75 sf. per resident capacity	75 sf. per resident capacity
Minimum spacing from other assisted living and congregate care facilities in any zone, measured in a straight line between nearest property lines	250 ft.	250 ft.	NA

Table 2-2-3-8 Standards for Assisted Living and Congregate Care
Standard	Zone
Standard	EN (1, 2, 3, 4, 5)	EN-MF	RL	RM	RH	MU-N	MU-A	CG	CR	PB
TABLE NOTES: 1. No minimum if located in the neighborhood center subdistrict of a traditional neighborhood development ("TND"). See Section 4-1-3-7, Traditional Neighborhood Developments NA = Not Applicable
Minimum lot area	NA	15,000 sf.	2.5 ac.	1 ac.¹	NA			2 ac.	2.5 ac.
Minimum outdoor recreation and leisure area	20 percent of lot area	5 percent of lot area	75 sf. per resident capacity	50 sf. per resident capacity	50 sf. per resident capacity	50 sf. per resident capacity	50 sf. per resident capacity	75 sf. per resident capacity	75 sf. per resident capacity	75 sf. per resident capacity
Minimum spacing from other assisted living and congregate care facilities in any zone, measured in a straight line between nearest property lines	250 ft.	250 ft.	NA

Table 2-2-3-8 Standards for Assisted Living and Congregate Care
Standard	Zone
Standard	EN (1, 2, 3, 4, 5)	EN-MF	RL	RM	RH	MU-N	MU-A	CG	CR	PB
TABLE NOTES: 1. No minimum if located in the neighborhood center subdistrict of a traditional neighborhood development ("TND"). See Section 4-1-3-7, Traditional Neighborhood Developments NA = Not Applicable
Minimum lot area	NA	15,000 sf.	2.5 ac.	1 ac.¹	NA			2 ac.	2.5 ac.
Minimum outdoor recreation and leisure area	20 percent of lot area	5 percent of lot area	75 sf. per resident capacity	50 sf. per resident capacity	50 sf. per resident capacity	50 sf. per resident capacity	50 sf. per resident capacity	75 sf. per resident capacity	75 sf. per resident capacity	75 sf. per resident capacity
Minimum spacing from other assisted living and congregate care facilities in any zone, measured in a straight line between nearest property lines	250 ft.	250 ft.	NA

1. 4.
  Building Standards. All assisted living and congregate care facilities must meet current building and fire codes and Americans with Disabilities Act (ADA) design requirements at the time the use is established.
C.
Hospitals / Clinics / Medical Labs / Urgent Care. Clinics, medical labs, and urgent care facilities (but not hospitals) are allowed as limited uses in the RM and RH zones provided that they are located in the mixed-use center of a traditional neighborhood development.
D.
Medical Offices. Medical offices may be allowed as a limited use in the LI zone if, in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. 1.
  Limitation on Location. To prevent the conversion of Light Industrial uses to medical offices, new medical offices must be located on a site where Medical Office or General Office is the existing principal use.
2. 2.
  Parking.
  1. a.
    The applicant must complete a special parking study that indicates the parcel proposed for development will provide adequate parking for the use.
  2. b.
    Parking shall be designed using the following standards:
    i.
    Adequate pedestrian walkways are provided from the parking spaces to the building; and
    ii.
    On-site loading and unloading is separated from the parking area and pedestrian walkways.
E.
Nursing Homes. Nursing homes may be allowed as a limited use in the EN-MF, RM, MU-N, MU-A, and RA zones and are allowed as a special use in the RH and BP zones, if, in addition to the other applicable standards of this LUDC, compliance with the following standards is demonstrated:
1. 1.
  Location and Required Access.
  1. a.
    In the EN-MF, MU-N, MU-A, BP, and RA zones, access to the use shall be from a collector or arterial street.
  2. b.
    In the BP zone, the use must be part of a hospital campus or be located within 1,320 feet (measured as the shortest door-to-door route along a street, sidewalk, or trail) of an existing or approved hospital.
  3. c.
    In the RM and RH zones, the parcel proposed for development must be situated such that it:
    i.
    Abuts a nonresidential or mixed-use zone and fronts on a collector or arterial street; or
    ii.
    Is located in the mixed-use center of a traditional neighborhood development; or
    iii.
    Is located at the intersection of two arterial streets, an arterial and collector street, or two collector streets.
2. 2.
  Building and Intensity Standards.
  1. a.
    All nursing homes must meet current building and fire codes and Americans with Disabilities Act (ADA) design requirements at the time the use is established.
  2. b.
    In the RA zone, the floor area ratio (FAR) shall not exceed 0.10.
  3. c.
    In the EN-MF zone, the use shall comply with building standards for multifamily buildings or be an adaptive re-use of an existing multifamily building.
3. 3.
  Required Bufferyards.
  1. a.
    EN-MF, MU-N, and MU-A Zones. If the floor area of the use is larger than 5,000 sf.; or the floor area of the use is larger than 3,000 sf. and the use abuts an EN-1, EN-2, EN-3, EN-4, EN-5, or EN-6 zone, then the following bufferyards shall be installed along interior property lines:
    i.
    EN-MF zone: 40 percent opacity
    ii.
    MU-N zone: 30 percent opacity
    iii.
    MU-A zone: 20 percent opacity
  2. b.
    RM and RH Zones. In the RM and RH zones, a 30 percent opacity bufferyard shall be installed along all interior property lines, and a 10 percent opacity bufferyard shall be installed along street frontages.
  3. c.
    BP Zone. If the use is not part of a hospital campus, then a 20 percent opacity bufferyard shall be installed along all interior property lines, and a 10 percent opacity bufferyard shall be installed along street frontages.
4. 4.
  Outdoor Recreation and Leisure Area.
  1. a.
    EN-MF Zone. Five percent of the lot area
  2. b.
    RM, RH, MU-N, and MU-A Zones. 50 sf. per resident
  3. c.
    BP Zone. 75 sf. per resident
  4. d.
    RA Zone. 150 sf. per resident

Effective on: 12/4/2024

Sec. 2-2-3-9 Standards for Commercial Retail and Service Uses

Generally. The standards of this Section apply to commercial retail and service uses which are enumerated in Table 2-1-3-5, Commercial Retail and Service, Marijuana, and Restaurant Uses, under the subheading "Commercial Retail and Service Uses," in instances where the use is shown as a special use ("S"), a limited use ("L"), or a conditional use ("C") in a particular zone. Note that other standards may also apply. See Sec. 2-2-1-2, Application of Article.
Alcoholic Beverage Sales, On-Premises Consumption. Alcoholic beverage sales, on-premise consumption uses are allowed as a limited use in the LI zone if, in addition to the other applicable standards of this LUDC, compliance with the following standards is demonstrated:
1. The sale of alcoholic beverages on-premise, within the City, at a location within 500 feet of any place of public assembly, or within 1,000 feet of a public or private school, receives approval from the governing body of a school district or private school. The measurement of the distance between the place of business where alcoholic beverages are sold and the place of public assembly or public or private school shall be in a direct line from the property line of the place of business to the nearest property line of the place of public assembly or public or private school.
2. When the premises of an alcoholic beverage sales establishment abuts a residential zone (EN, EN-MF, RL, RM, or RH Zones) the structure(s) shall be at least 50 feet and all off-street parking shall be at least 20 feet from the nearest point within that residential zone.
3. As the authorized representative responsible for approving the limited use, the Administrator, or a designee, may restrict the hours of outdoor operation of an alcoholic beverage sales establishment when it is determined that the noise, glare, or traffic might adversely impact a nearby residential neighborhood or use.
Brewing / Distillery / Winery, Production with On-Premises Consumption. Production of beer, wine, and spirits with on-premises consumption may be allowed as a limited use in the CB, MU-N, MU-A, CG, CR and LI zones, if in addition to the other applicable standards of this LUDC, compliance with the following standards is demonstrated:
1. Truck Routing Plan. If the use will involve more than two pick ups or deliveries per week by a semi-trailer, a truck routing plan is required (See Appendix C, Mitigation Plans).
2. Odor Management. The use will not create offensive odors which are perceptible from other properties.
3. On-Premise Consumption. The area devoted to on-site consumption and must meet the following:
  1. Must be located at the primary entrance within the building, the primary entrance must meet the standards of Section 3-4-4-3, Building Entrances;
  2. Shall provide street-level transparency, such that not less than 60 percent of the area of street-facing facades at a height between two feet and eight feet above the adjacent grade is composed of windows or glass doors; and
  3. Must utilize at least 25 percent of the gross floor area.
Commercial Retail. Commercial retail uses are allowed as a special use in the BP zone if, in addition to the other applicable standards of this LUDC, the commercial retail use is of a type that:
1. Serves other uses, or employees of other uses, in the same contiguous BP zone (e.g., hospital gift shop, contractors' supply store, etc.);
2. Principally sells items that are manufactured on-site (e.g., brewery selling beer or chocolate manufacturer selling chocolate products); or
3. The commercial retail use is incidental and accessory to another permitted use (e.g., personal care products sold at a salon, hospital pharmacy, etc.).
Commercial Retail, Drive-in or Drive-Through. Commercial retail, drive-in or drive-through may be allowed as a limited use in the MU-N and MU-A zones and as a special use in the BP zone if, in addition to the other applicable standards of this LUDC, compliance with the following standards is demonstrated:
1. In all zones, where the use abuts any residential zone, the ordering/communication station shall be buffered with a six foot wall, in addition to the required bufferyard, to reduce noise transmission.
2. In the MU-N and MU-A zones, drive-in facilities shall be designed and configured such that the service area and outdoor speakers are directed away from any abutting properties that are occupied or zoned for residential uses, or a 50 percent opacity bufferyard, including a fence or wall, shall screen the drive-in facility from such residential properties.
3. In the BP zone, drive-in facilities are prohibited. Drive-through facilities are permitted if it is demonstrated that:
  1. The drive-through facilities are accessory to an office use (e.g., a bank).
  2. A 50 percent opacity bufferyard, including a fence or wall, screens the drive-through facility from abutting properties that are occupied or zoned for residential use; and
  3. The drive-through facilities are designed and configured such that the service area and outdoor speakers are directed away from any abutting properties that are occupied or zoned for residential use;
Commercial Retail. Late Night / 24-Hour. Commercial retail, late night / 24 hour uses may be allowed as a limited use in the CB, MU-N, and MU-A zones, and as a special use in the BP zone, if in addition to the other applicable standards of this LUDC, the impacts of lighting, noise, parking, and loading are mitigated as follows:
1. Lighting. Exterior lighting shall be in accordance with the standards of Division 4-3-2, Lighting.
2. Noise. Exterior loudspeakers, if present, shall not be audible off-site:
  1. Between the hours of 9:00 PM and 6:30 AM in the MU-N zone; or
  2. Between the hours of 11:00 PM and 6:30 AM in the MU-A, BP, and CB zones.
3. Parking. Parking areas shall be screened from abutting lots that are used for residential purposes:
  1. With opaque walls that are not less than five feet in height;
  2. By a grade change such that the parking lot surface is five feet or more below the elevation of the finished floor of buildings on abutting lots used for residential purposes; or
  3. A combination of a. and b. above that produces an equivalent result with respect to the screening of headlights.
4. Loading. If the use abuts residential property, loading is not allowed between the hours of 8:00 PM and 6:30 AM.
Handcrafted Small Scale Food and Beverage Production with On-Premise Consumption or Sales. Production of food and beverages with on-premises consumption may be allowed as a limited use in the CB, MU-N, MU-A, CG, CR and LI zones, if in addition to the other applicable standards of this LUDC, compliance with the following standards is demonstrated:
1. On-Premise Consumption or Sales. The area devoted to on-site consumption and /or sales must meet the following:
  1. Must be located at the primary entrance within the building, the primary entrance must meet the standards of Section 3-4-4-3, Building Entrances;
  2. Shall provide street-level transparency, such that not less than 60 percent of the area of street-facing facades at a height between two feet and eight feet above the adjacent grade is composed of windows or glass doors; and
  3. Must utilize at least 25 percent of the gross floor area.
2. Odor Management. The use will not create offensive odors which are perceptible from other properties or nearby residential zones.
3. On-site truck loading and unloading. The loading and unloading of trucks is separated from the parking area and pedestrian walkways.
4. Truck traffic. The use shall not generate truck traffic in excess of one small delivery vehicle per day.
Handicraft Shops with On-Premise Sales. Production of custom crafted goods and/or services for sale directly to the consumer may be allowed as a limited use in the CB, MU-N, MU-A, CG, CR and LI zones, if in addition to the other applicable standards of this LUDC, compliance with the following standards is demonstrated:
1. On-Premise Sales. The area devoted to on-site sales, demonstrations, classes, or public activities must meet the following:
  1. Must be located at the primary entrance within the building, the primary entrance must meet the standards of Section 3-4-4-3, Building Entrances;
  2. Shall provide street-level transparency, such that not less than 30 percent of the area of street-facing facades at a height between two feet and eight feet above the adjacent grade is composed of windows or glass doors; or be in keeping with the architectural character of the immediate vicinity; and
  3. Must utilize at least 25 percent of the gross floor area.
2. Odor Management. The use will not create offensive odors which are perceptible from other properties or nearby residential zones.
3. Noise Management. The use will not create noise which is perceptible from other properties.
4. On-site truck loading and unloading. The loading and unloading of trucks is separated from the parking area and pedestrian walkways.
5. Truck traffic.
  1. The use shall not generate truck traffic in excess of one small delivery vehicle per day.
  2. Truck Routing Plan. If the use will involve more than two pick ups or deliveries per week by a semi-trailer, a truck routing plan is required (See Appendix C, Mitigation Plans).
Kennel. Kennels may be allowed as limited uses in the CR and LI zones, and as a conditional use in the CG and RA zone, if in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. Limitations on Dog Runs. If the use includes one or more dog runs, then:
  1. The minimum lot or parcel area allocated to the use is one acre.
  2. The use is located at least 200 feet from residential zone boundaries.
  3. Fencing for dog runs does not exceed six feet in height in the CG, CR, and RA zones, and eight feet in height in the LI zone.
  4. Dog runs will not be used after 7:00 p.m. or before 7:00 a.m.
  5. In the CG and CR zones, dog runs are screened from abutting properties and rights-of-way by a 50 percent opacity bufferyard that includes an opaque fence or wall.
2. Limitations on Noise. If the use is located less than 100 feet from residential zone boundaries, the building is soundproofed so that barking dogs are not audible at the property line.
Mixed-Use. Mixed-use development is allowed as a special use in the CB, MU-N, MU-A, CG, and CR zones, and may be allowed as a limited use in the BP zone if, in addition to the other applicable standards of this LUDC, compliance with the standards of this Section is demonstrated.
1. Special, Limited, and Conditional Uses. Special, limited, or conditional uses within mixed-use development shall meet the applicable standards of this Division.
2. Limitations on Use. In the BP zone, dwelling units (if provided) are principally designed in terms of product type and cost (rent or sales price) for use by employees who work within the business park.
3. Location and Design. In the CB zone, the use is located and designed as follows:
  1. There is no direct internal access between a dwelling unit and a nonresidential use;
  2. The dwelling units are accessed from the street via a secure door or gate that leads to a hallway, staircase, or courtyard; and
  3. Dwelling units that are located on the ground floor are behind one or more ground-floor nonresidential uses.
4. Required Outdoor Recreation and Leisure Area. Mixed-use development shall meet the requirements for outdoor recreation and leisure area which are applicable to multifamily development in the same zone. See Section 2-4-2-2, Residential Density, Open Space, and Recreation and Leisure Area.
Office, General. Office, general is allowed in the LI zone if, in addition to the other applicable standards of this LUDC, compliance with the standards of this Section is demonstrated.
1. Limitations on Use. General office uses in the LI zone are limited to the following categories:
  1. Office uses that are related to an industrial use in the same contiguous LI zone (e.g., administration of an industrial use); or
  2. Office uses that are of a type that principally serve industrial uses (e.g., offices of consulting engineers).
Outdoor Retail, Heavy. Heavy outdoor retail may be allowed as a limited use in the CG zone and as a special use in the LI zone if, in addition to the other applicable standards of this LUDC, compliance with the standards of this Section is demonstrated.
1. Limitations on Use. In the LI zone, the use involves the sale of a single category of merchandise that is characterized by one or more of the following:
  1. Lease or sale of goods or equipment to businesses that are allowed in the LI zone; or
  2. Sale of goods manufactured on-site.
2. Buffering from Residential Uses and Zones. In the CG and LI zones, the use is:
  1. Spaced at least 500 feet from:
    1. Property lines of land used for residential purposes (including mixed-use that includes dwelling units); and
    2. Boundaries of residential zones; or
  2. Buffered from property zoned or used for residential purposes by a 50 percent opacity bufferyard that includes an eight-foot tall masonry wall in the LI zone and a six-foot tall masonry wall in the CG zone, provided that it is demonstrated that the wall will not materially disrupt wildlife movement or divert significant numbers of animals into residential zones (a wildlife impact study may be required for this purpose).
3. Buffering from Streets and Abutting Nonresidential Property.
  1. In the CG zone, outdoor areas used for merchandise display are buffered from streets and abutting nonresidential property with a 30 percent opacity bufferyard.
  2. In the LI zone, outdoor areas used for merchandise display are buffered from streets with a 40 percent opacity bufferyard. (See Section 4-6-3-2, Standard Bufferyards).
Outdoor Retail, Light. Light outdoor retail may be allowed as a limited use in the CB, MU-N, MU-A, CG, and BP zones if in addition to the other applicable standards of this LUDC, compliance with the standards of this Section is demonstrated. Commercial use of rooftops is subject to the standards of Section 2-3-2-1, Commercial Use of Rooftops, and not this Section.
1. Limitations on Use. In the CB, MU-N, MU-A, and BP zones, permanent flea market facilities are not allowed.
2. Setbacks. The use is set back from all property lines as follows:
  1. CB zone: 5 ft.
  2. MU-N zone: 20 ft.
  3. MU-A zone: 30 ft.
  4. CG zone: 50 ft.
  5. BP zone: 50 ft.
3. Design.
  1. The use shall not restrict or obstruct access to buildings or parking areas.
  2. In the CB, MU-N, MU-A, and BP zones, merchandise shall not be stacked or shelved to a height of more than six feet.
  3. In the CB zone, areas used for permanent outdoor retail sales, except farmers' markets, shall be located in courtyards or open atriums that are defined by building walls on at least two sides.
4. Buffering from Streets and Abutting Property. In the MU-N, MU-A, CG, and BP zones, outdoor areas used for merchandise display are buffered from streets with a 10 percent opacity bufferyard and from abutting property with a 30 percent opacity bufferyard.
Services, Commercial. Commercial services may be allowed as a limited use in the LI zone if in addition to the other applicable standards of this LUDC, compliance with the standards of this Section is demonstrated.
1. Limitations on Use. The use is limited to one or more of the following categories:
  1. The category of commercial services is one that principally serves other uses in the same contiguous LI zone (e.g., blueprinting or business machine repair); or
  2. The commercial service use is accessory to a permitted use (e.g., repair of products that are manufactured on-site).
2. Limitations on Signage. For uses that meet the criterion of Subsection L.1.a., above, signage shall not be visible from outside of the LI zone.
Services, Personal. Personal services may be allowed as a limited use in the BP and LI zones if in addition to the other applicable standards of this LUDC, compliance with the standards of this Section is demonstrated.
1. Limitation on Location. The use shall be located inside of a multi-tenant building, such that public access to the use is from within the building.
2. Limitation on Signage. Signage for the use shall not be visible from outside of the building.
Veterinarian, Small Animal. Veterinarian, small animal is allowed as a special use in the CB and BP zones, a limited use in the LI zone, and a conditional use in the RA zone, if in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. RA Zone. In the RA zone, the following criteria are met:
  1. Floor Area Limitation. The gross floor area of the use is not more than the smaller of:
    1. 5,000 sf.; or
    2. 7.5 percent of the area of the parcel proposed for development.
  2. Kennels. Kennels, if present, must comply with the standards of Subsection H., above.
2. CB, BP, and LI Zones. The following standards apply:
  1. Location. The use shall not be located in a mixed-use building that contains dwelling units.
  2. Noise. Noise from the use shall not be audible outside of the space in which the use is located, or, if the use is located in a free-standing, single-use building, noise from the use shall not be audible at the property line.
  3. Kennels.
    1. Kennels and dog runs are not allowed in the CB and BP zones.
    2. In the LI zone, kennels, if present, must comply with the standards of Subsection G., above.
  4. Design. If the use is located in a multi-tenant building, ventilation systems control odors and allergens and prevent their circulation into other parts of the building.
  5. Parking. In the CB zone, at least 33 percent of the required parking for the use must be provided on-site.

Effective on: 12/6/2017

Sec. 2-2-3-10 Standards for Marijuana Uses

A.
Generally. The standards of this Section apply to marijuana uses which are enumerated in Table 2-1-3-5, Commercial Retail and Service, Marijuana, and Restaurant Uses, under the subheading "Marijuana Uses," in instances where the use is shown as a special use ("S"), a limited use ("L"), or a conditional use ("C") in a particular zone. Note that other standards also also apply to marijuana uses including Article VIII of Chapter 13 of the City’s Municipal Code. See Sec. 2-2-1-2, Application of Article.
B.
Acknowledgment of City Policy on Marijuana Uses. No marijuana use shall be established unless the applicant executes an acknowledgment that he or she has read and accepts the City's policy on marijuana uses, which is set out in Section 1-1-1-3, Statement of Policy with Respect to Marijuana Uses.
C.
Medical Marijuana Center.
1. 1.
  It shall be unlawful to operate a Medical Marijuana Business outside of an enclosed space, capable of being locked within a building. All Medical Marijuana Business licenses shall be issued for specific fixed location within an enclosed building. The portion of such premises upon which the submitted floor plan shows that Medical Marijuana may be stored or sold shall be considered the “restricted area” portion of the businesses.
2. 2.
  Within all zones, no new Medical Marijuana Center shall be located within two-hundred and fifty (250) feet of a parcel on which is located any other Medical Marijuana Center or Retail Marijuana Store. The two-hundred and fifty (250) foot buffer shall be measured from the boundaries of the legally described parcel on which a Marijuana Business is located to any point of the proposed parcel for a new Marijuana Business. If the two-hundred and fifty (250) foot buffer touches any part of a parcel, that entire parcel is not allowed to contain a Marijuana Business. Condominium properties shall be measured from the original legal parcel of the condo project, which will include the perimeter of all the condo units and any common areas.
  In the Central Business District (CBD), not more than one Medical Marijuana Center or Retail Marijuana Store shall be located on a block. A block is established by a legal recorded plat or is an area bounded by four (4) City streets. In addition, not more than one Medical Marijuana Center or Retail Marijuana Store shall be located on all properties or lots that abut any Street Segment. For corner lots, this standard applies to both Street Segments that abut the corner lot, and only one Medical Marijuana Center or Retail Marijuana Store is permitted on the corner lots that abut the intersection.
  Nothing contained in this section shall prevent the co-location of a Medical Marijuana Center and Retail Marijuana Store in the same licensed location.
3. 3.
  Medical Marijuana Centers shall be allowed in mixed use buildings that include residential uses provided that they are otherwise in compliance with all requirements of this Article, the Codes of the City of Durango and any other applicable law, rule or regulation, and provided that the Medical Marijuana Business is not located on the same floor as a residential use and is accessed from the street or alley by an entrance separate from the street or alley access to any residential unit.
4. 4.
  No Medical Marijuana Business license shall be issued for a Medical Marijuana Business at a location within 1,000 feet of any School, an addiction recovery facility, or residential child care facility; or within 250 feet of a dedicated public park that contains children’s playground equipment, or any other facility identified in this Division 2 or in state law that requires a distance separation from a licensed Medical Marijuana Business.
5. 5.
  No Medical Marijuana Business license shall be issued for a location that has, within two years immediately preceding the date of the application, been denied by the Durango Local Licensing Authority or the state licensing authority for a Medical Marijuana Business or a Retail Marijuana Establishment due to a concern related to location.
6. 6.
  The measuring of distances for separations required by this Division shall be completed by the city utilizing official maps and shall be determined by measuring from the closest point on the perimeter of the Applicant’s property to the closest point of the property of any facility or use requiring separation pursuant to subsection (d) of this section.
7. 7.
  An Applicant may make a request to the Durango Local licensing Authority to grant a variance of up to 10% from the distance required in subsection (d) of this section for the separation between a Medical Marijuana Business and public parks which contain playground equipment and the Durango Local Licensing Authority may grant such a variance if it finds that the location of the Medical Marijuana Business is separated from the public park by a natural or man-made feature or barrier that tends to physically and visually separate the Medical Marijuana Business from the public park or from children using the park.
8. 8.
  A Medical Marijuana Business license may not be issued for any location which is also part of the licensed premises of a business holding an alcoholic beverage license pursuant to Chapter 3, Alcoholic Beverages, of the City's Municipal Code.
9. 9.
  It shall be unlawful for the owner of a building to lease space to or allow the use of any portion of the building by a Medical Marijuana Business unless the tenant has a valid Medical Marijuana Business license or has applied for and not been denied a Medical Marijuana Business license. No marijuana shall be allowed on the leased premises until a Medical Marijuana Business license has been issued by the City. In the event that the City has an articulable reason to believe that a Medical Marijuana Business is being operated within a building, it shall be unlawful for the owner of the building to refuse to allow the City access to the portion of the building in which the suspected Medical Marijuana Business is located to determine whether any marijuana is on the premises.
10. 10.
  Medical Marijuana Businesses shall limit their hours of operation to be consistent with CR.S., § 12-43.3-308.
D.
Retail Marijuana Store.
1. 1.
  It shall be unlawful to operate a Retail Marijuana Establishment outside of an enclosed space, capable of being locked within a building. All Retail Marijuana Establishment Licenses shall be issued for a specific fixed location within an enclosed building. The portion of such premises upon which the submitted floor plan shows that Retail Marijuana may be produced, dispensed or possessed shall be considered the “restricted area” portion of the business premises.
2. 2.
  Within all zones, no new Retail Marijuana Store shall be located within two-hundred and fifty (250) feet of a parcel on which is located any other Medical Marijuana Center or Retail Marijuana Store. The two-hundred and fifty (250) foot buffer shall be measured from the boundaries of the legally described parcel on which a Marijuana Business is located to any point of the proposed parcel for a new Marijuana Business. If the two-hundred and fifty (250) foot buffer touches any part of a parcel, that entire parcel is not allowed to contain a Marijuana Business. Condominium properties shall be measured from the original legal parcel of the condo project, which will include the perimeter of all the condo units and any common areas.
  In the Central Business District (CBD), not more than one Medical Marijuana Center or Retail Marijuana Store shall be located on a block. A block is established by a legal recorded plat or is an area bounded by four (4) City streets. In addition, not more than one Medical Marijuana Center or Retail Marijuana Store shall be located on all properties or lots that abut any Street Segment. For corner lots, this standard applies to both Street Segments that abut the corner lot, and only one Medical Marijuana Center or Retail Marijuana Store is permitted on the corner lots that abut the intersection.
  Nothing contained in this section shall prevent the co-location of a Medical Marijuana Center and Retail Marijuana Store in the same licensed location.
3. 3.
  Retail Marijuana Stores shall be allowed in mixed use buildings that include residential uses provided that they are otherwise in compliance with all requirements of this Article, the Codes of the City of Durango and any other applicable law, rule or regulation, and provided that the Retail Marijuana Establishment is not located on the same floor as a residential use and is accessed from the street or alley by an entrance separate from the street or alley access to any residential unit.
4. 4.
  No Retail Marijuana Establishment license shall be issued for a Retail Marijuana Store at a location within 1,000 feet of any School, addiction recovery facility, or residential child care facility; or within 250 feet of a dedicated public park that contains children’s playground equipment, or to any other facility identified in Municipal Code Division 1 or in state law that requires a distance separation from licensed Retail Marijuana Establishments.
5. 5.
  The separation requirements in Municipal Code Section 13-168(d) shall not apply to any existing location that is licensed as a Medical Marijuana Center on the effective date of this ordinance if that location is licensed or is the subject of an application for a license for a Retail Marijuana Store as a conversion from a licensed Medical Marijuana Center or as a co-located Retail Marijuana Store with a licensed Medical Marijuana Center prior to January 2, 2015. Provided, however, that such converted license or co-located license shall otherwise be in compliance with all other requirements of this Article, the Codes of the City of Durango and state law.
6. 6.
  No Retail Marijuana Establishment license shall be issued for a location that has within two years immediately preceding the date of the application, been denied by the Durango Local Licensing Authority or the state licensing authority for a Retail Marijuana Establishment or Medical Marijuana Business due to a concern related to the location.
7. 7.
  The measuring of distances for separations required in Municipal Code Division 1 shall be completed by the City utilizing official maps and shall be determined by measuring from the closest point on the perimeter of the Applicant’s property to the closet point of the property of any facility or use requiring a separation pursuant to subsection (d) of this section. A Retail Marijuana Establishment License may not be issued for any location which is also part of the Licensed Premises of a business holding an alcoholic beverage license pursuant to Chapter 3, Alcoholic Beverages, of the City's Municipal Code.
8. 8.
  An Applicant may make a request to the Durango Local Licensing Authority to grant a variance of up to 10% from the distance required in subsection (d) of this section for the separation between Retail Marijuana Establishments and public parks which contain playground equipment and the Durango Local Licensing Authority may grant such a variance if it finds that the location of the Retail Marijuana Establishment is separated from the public park by a natural or man-made feature or barrier that tends to physically and visually separate the Retail Marijuana Establishment from the public park or from children using the park.
9. 9.
  It shall be unlawful for the owner of a building to lease space to or allow the use of any portion of the building by a Retail Marijuana Establishment unless the tenant has a valid Retail Marijuana Establishment License or has applied for and not been denied a Retail Marijuana Establishment License. No Marijuana shall be allowed on the Leased Premises until a Retail Marijuana Establishment License has been issued by the City. In the event that the City has an articulable reason to believe that a Retail Marijuana Establishment is being operated within a building, it shall be unlawful for the owner of the building to refuse to allow the City access to the portion of the building in which the suspected Retail Marijuana Establishment is located to determine whether any marijuana is on the premises.
10. 10.
  It shall be unlawful for any licensee or other person to engage in any manufacturing or production of any retail marijuana infused products or to engage in any cultivation or other marijuana growing operations on the Licensed Premises of any Retail Marijuana Establishment.
11. 11.
  Retail Marijuana Establishments shall limit their hours of operation to be consistent with CR.S., § 12-43.3-308.
12. 12.
  Any and all possession, storage, display, sales or other distribution of Marijuana shall occur only within the restricted area of a Retail Marijuana Establishment or and shall not be visible from the exterior of the business.
E.
Marijuana Testing Facility.
1. 1.
  All Marijuana Testing Facilities shall operate in compliance with all applicable state laws and regulations adopted pursuant to such laws, including but not limited to CR.S., § 12-43.4-405 and rules promulgated thereunder.
2. 2.
  No Marijuana Testing Facility license shall be issued for a Marijuana Testing Facility at a location within 1,000 feet of any School, addiction recovery facility, or residential child care facility; or within 250 feet of a dedicated public park that contains children’s playground equipment, or to any other facility identified in Municipal Code Division 1 or in state law that requires a distance separation from licensed Marijuana Testing Facilities.
3. 3.
  No co-located License shall be issued for a Retail Marijuana Store and a Marijuana Testing Facility, or for a Medical Marijuana Business and a Marijuana Testing Facility.
4. 4.
  Any and all possession, storage, display, sales or other distribution of testing of Marijuana shall occur only within the restricted area of a Marijuana Testing Facility and shall not be visible from the exterior of the business.

Effective on: 4/1/2017

Sec. 2-2-3-11 Standards for Restaurant Uses

A.
Generally. The standards of this Section apply to restaurant uses which are enumerated in Table 2-1-3-5, Commercial Retail and Service, Marijuana, and Restaurant Uses, under the subheading "Restaurant Uses," in instances where the use is shown as a special use ("S"), a limited use ("L"), or a conditional use ("C") in a particular zone. Note that other standards may also apply. See Section 2-2-1-2, Application of Article.
B.
Restaurant, Drive-In or Drive-Through. Drive-in or drive-through restaurants may be allowed as a limited use in the MU-N, MU-A, and BP zones if in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. 1.
  Limitation on Location and Extent.
  1. a.
    The parcel proposed for development is not within the MU-N zone along College Drive east of Main Avenue.
  2. b.
    In the BP zone, not more than 10 percent of the contiguous BP zoned area may be used for restaurant uses of any type (including drive-in and drive-through).
2. 2.
  Required Access. In the MU-N or MU-A zones, access to the use is as follows:
  1. a.
    From an arterial or collector street; or
  2. b.
    From a local street if there is no residential use between the access point and the nearest intersection with an arterial or collector street.
3. 3.
  Parking. Parking areas shall be screened from abutting lots that are used for residential purposes:
  1. a.
    With opaque walls that are not less than five feet in height;
  2. b.
    By a grade change such that the parking lot surface is five feet or more below the elevation of the finished floor of buildings on abutting lots used for residential purposes; or
  3. c.
    A combination of a. and b. above that produces an equivalent result with respect to the screening of headlights.
4. 4.
  Design Requirements.
  1. a.
    In the MU-N or MU-A zones, the use must provide walk-up or walk-in service, which shall include indoor and / or outdoor dining areas.
  2. b.
    In the MU-A zone, drive-through lanes must be located behind the building and / or perpendicular to the highest-order frontage street.
  3. c.
    In all zones, the following buffers shall be provided unless Division 4-6-3, Buffering Requirements, requires more opaque bufferyards (in which case Division 4-6-3 applies):
    i.
    Street property lines: 10 percent opacity.
    ii.
    Interior side and rear property lines: 30 percent opacity (See Section 4-6-3-2, Standard Bufferyards).
C.
Restaurant; Drive-In or Drive-Through, Late Night / 24-Hour. Late night / 24-hour drive-in or drive-through restaurants may be allowed as a limited use in the MU-N, MU-A, and BP zones if in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. 1.
  General Standards for Drive-In and Drive-Through Restaurants. The standards of Subsection B., above, are met.
2. 2.
  Lighting. Exterior lighting shall be dimmed at 11:00 PM.
3. 3.
  Noise. Exterior loudspeakers, if present, will not be audible off-site:
  1. a.
    Between the hours of 9:00 PM and 6:30 AM in the MU-N zone; or
  2. b.
    Between the hours of 11:00 PM and 6:30 AM in the MU-A and BP zones.
4. 4.
  Loading. If the use abuts residential property, loading is not allowed between the hours of 8:00 PM and 6:30 AM.
D.
Restaurant, No Drive-In or Drive-Through. Restaurants without a drive-in or drive-through are allowed as a special use in the BP zone and may be allowed as a limited use in the LI zone if in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. 1.
  Location and Extent. Not more than 10 percent of a contiguous BP or LI zoned area may be used for restaurant uses of any type.
2. 2.
  Limitation on Use. In the LI zone, the use shall be principally intended for the convenience of employees of uses in the LI zone, in that:
  1. a.
    The use does not operate between 7:00 PM and 5:00 AM; and
  2. b.
    Signage related to the use is not recognizable from public rights-of-way outside of the LI zone.
E.
Food Truck Pods. Food truck pods may be allowed as a special use in the CB, MU-N, MU-A, CG, CR, and BP zones and as a limited use in the LI zone if, in addition to the other applicable standards of this LUDC, compliance with the following standards is demonstrated:
1. 1.
  Standards described in Section 2-3-2-2, Commercial Use of Patios and Outdoor Dining Areas, although an additional Special Use Permit is not required.
2. 2.
  Clear Pedestrian Passage. Pedestrian access between the food trucks and dining area shall not cross drive-aisles or functioning parking spaces. Customer queuing shall occur onsite.
3. 3.
  Setbacks. Setbacks for food trucks shall be defined as the lesser of:
  1. a.
    10 feet, or
  2. b.
    The principal building setbacks for the underlying zone.
4. 4.
  Spacing. Food truck spacing shall comply with requirements defined by adopted Fire Codes.
5. 5.
  Sanitation. Permanent restroom facilities shall be provided onsite for employees and customers.
6. 6.
  Waste Receptacles. Appropriate bear-proof and wildlife-resistant waste receptacles shall be provided by the applicant and maintained in accordance with applicable City standards.

Effective on: 4/14/2023

Sec. 2-2-3-12 Standards for Motor Vehicle and Heavy Equipment Related Uses

A.
Generally. The standards of this Section apply to motor vehicle and heavy equipment related uses which are enumerated in Table 2-1-3-6, Motor Vehicle and Heavy Equipment, and Recreation and Amusement Uses, under the subheading "Motor Vehicle and Heavy Equipment Related Uses," in instances where the use is shown as a special use (''S"), a limited use ("L"), or a conditional use ("C") in a particular zone. Note that other standards may also apply. See Section 2-2-1-2, Application of Article.
B.
Setbacks Applicable to All Motor Vehicle and Heavy Equipment Related Uses. No above-grade equipment for the service of gasoline, oil, air, or water (except irrigation systems) shall be located closer than 10 feet to any public right-of-way
C.
Nonconforming Uses Applicable to All Motor Vehicle and Heavy Equipment Related Uses. CB, MUN, and MU-A Zones. Existing motor vehicle and heavy equipment uses may continue as nonconforming uses within their existing boundaries and fueling stations may be converted to host direct current fast charging (DCFC) EV Charging Stations. No new motor vehicle or heavy equipment-related uses will be allowed in the CB, MU-N, and MU-A zones with the exception of EV Charging Stations and associated electric vehicle supply equipment (EVSE) Installed Spaces, as shown in Table 2-1-3-6 and described in the Subsections 2-2-3-12.D.
D.
Electric Vehicle Charging Station. The allowance of EV Charging Stations shall depend on the level of electrical power supplied to the EVSE as follows:
1. 1.
  Level 1 and Level 2 EVSE installations are allowed in all Zones when installed in compliance with the requirements of Section 4-5-2-4 and Appendix K.
2. 2.
  DCFC EV Charging Stations will be allowed as an accessory use in the EN-#, EN-MF, RL, RM, RH, CB, MU-N, MU-A, CG, CR, BP, LI, RA, and PB zones and as an allowed accessory use in the PD zones if approved during the PD approval process, or within an existing residential PD zone in which the use is not prohibited by private restrictions. DCFC EV Charging Stations will be allowed as a principal use within the CG, CR, BP, and LI zones. In addition to the other applicable standards of this LUDC, DCFC EV Charging Stations must demonstrate the following:
  1. a.
    Demonstration of Available Electric Capacity. DCFC EV Charging Stations shall provide documentation from the electric utility regarding the availability of power to meet demand during peak charging periods without compromising the electric power grid.
  2. b.
    Landscaping and Buffering. Landscaping and buffering requirements of Article 4-6, Landscaping and Buffing, apply.
  3. c.
    Residential Site Restrictions. DCFC EV Charging Stations shall not be located on properties with single-family detached or duplex primary land uses.
E.
Fueling Station.  Fueling stations are allowed as a special use in BP zones if , in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. 1.
  Location and Spacing.
  1. a.
    CB, MU-A, and MU-N zones. Existing fueling stations may continue as a conforming use within their existing boundaries, and fueling stations may be converted to charging stations. No new fueling stations that dispense fossil or combustible fuels will be allowed in the CB, MU-N, or MU-A zones.
  2. b.
    BP Zone. Fueling stations shall be located not less than 300 feet, measured as the shortest distance from property line to property line, from residential zones and residential uses.
2. 2.
  Truck Routing Plan. A truck routing plan is required pursuant to Appendix C, Mitigation Plans, for fueling stations that dispense fossil and combustible fuels. Fuel trucks shall not use local residential streets.
3. 3.
  Vehicle Wash. If the use includes a vehicle wash, then circulation for the vehicle wash facility must be directed away from circulation for the rest of the site. The stacking lanes for the vehicle wash must include an eight-foot-wide "escape lane" to bypass the vehicle wash.
4. 4.
  Landscaping and Buffering.  In the BP zone, Buffering shall be provided as required by Article 4-6, Landscaping and Buffering, or as set out below, whichever results in a more opaque bufferyard.
  1. a.
    A 20% opacity bufferyard is required along interior side and rear property lines.
  2. b.
    If the use abuts a dwelling unit or residential zone, a 6 ft. tall masonry wall is required along the property line that abuts the dwelling unit or residential zone.
  3. c.
    10% opacity “landscape only” bufferyard along the abutting street, to be provided along street property lines, except at points of ingress and egress.
  4. d.
    Landscape surface ratio shall not be less than 20% of the site to be landscaped, including required bufferyards.
F.
Motor Vehicle Repairs and Service, Heavy. Heavy motor vehicle repairs and service may be allowed as a limited use in the CG zone if in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. 1.
  Spacing Requirements. The use is separated from other uses, measured in a straight line between the nearest property lines, as follows:
  1. a.
    From residential uses: 500 ft.
  2. b.
    From schools: 500 ft.
2. 2.
  Location in Zone. The use shall not face an arterial street. If the parcel proposed for development has arterial street frontage, the use must be screened from the arterial street by another use that fronts on the arterial street (e.g., the use may be located behind a shopping center, or the use may be located behind the showroom building of a Motor Vehicle Sales, Passenger Vehicles use).
3. 3.
  Motor Vehicle Storage. Outside storage of vehicles (repaired vehicles or vehicles for which repairs are pending):
  1. a.
    Shall be screened from view from abutting streets by the principal building and / or a minimum five foot tall masonry wall or fence; and
  2. b.
    Shall not be stored in parking spaces that are required by Article 4-5, Parking and Loading.
4. 4.
  Alternative Standards. In the alternative to the standards set out in Subsections D.1., D.2., and D.3., above, the use (including storage of customer vehicles) may be conducted entirely indoors, provided that:
  1. a.
    Not more than one bay door faces an arterial street; and
  2. b.
    The use is spaced not less than 300 feet from residential zones and schools, measured in a straight line between the nearest property lines.
G.
Motor Vehicle Repairs and Service, Light. Light motor vehicle repairs and service may be allowed as a limited use in the MU-N and MU-A zones, and is allowed as a special use in the CG zone if in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. 1.
  Location and Spacing. In the MU-N zones, existing light motor vehicle repairs and service uses may continue as conforming uses within their existing boundaries. No new light motor vehicle repairs and service uses are allowed in the MU-N zone.
2. 2.
  Limitations on Use.
  1. a.
    All operations, equipment, materials used for repairs and service, and wastes (e.g., tires, batteries, etc.), shall be contained within an enclosed building.
  2. b.
    If the use is located within 100 ft. of a dwelling unit or residential zone boundary, air-powered impact wrenches and other comparable tools that are louder than 60 dbA at a distance of five feet from the operating tool must be used indoors only, and shall not be used after 6:00 PM unless the building is soundproofed such that the tools are inaudible at the property line.
  3. c.
    Disabled vehicles shall not be stored on-site overnight, except in an enclosed garage.
  4. d.
    In the MU-N and MU-A zones, air quality inspection stations are not allowed.
3. 3.
  Design. Bay doors shall not face arterial streets unless they are part of an existing building that was configured with bay doors facing an arterial street on the effective date of this LUDC.
4. 4.
  Bufferyards. Bufferyards shall be provided as follows, unless Division 4-6-3, Buffering Requirements, requires a more opaque bufferyard in the same location, in which case Division 4-6-3, Buffering Requirements, applies:
  1. a.
    A 30 percent opacity bufferyard with a masonry wall is required along interior side and rear property lines, but not in front and street side yard areas.
  2. b.
    A 10 percent opacity "landscape only" bufferyard is required along street frontages.
H.
Motor Vehicle Sales or Rental, Commercial or Construction Vehicles or Heavy Equipment. Motor vehicle sales or rental (commercial or construction vehicles) or heavy equipment uses, may be allowed as a limited use in the CG and is allowed as a special use in the CR and LI zones if in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. 1.
  Spacing. Motor Vehicle Sales or Rental, Commercial or Construction Vehicles, or Heavy Equipment uses shall be located not less than 300 feet, measured as the shortest distance from property line to property line, from residential zones and residential uses.
2. 2.
  Required Access. Access to the use shall be provided as follows:
  1. a.
    From an arterial or collector street; or
  2. b.
    From a local street if there is no residential use between the access point and the nearest intersection with an arterial or collector street.
3. 3.
  Limitations on Use.
  1. a.
    If repair and maintenance of rented equipment occurs on site, such accessory use shall be located behind the principal building.
  2. b.
    Booms, derricks, grapple loaders, and platforms on stored equipment shall be lowered as much as possible.
4. 4.
  Bufferyards. Bufferyards shall be provided as follows, unless Division 4-6-3, Buffering Requirements, requires a more opaque bufferyard in the same location, in which case Division 4-6-3, Buffering Requirements, applies:
  1. a.
    A 30 percent opacity bufferyard with a masonry wall is required along interior side and rear property lines.
  2. b.
    A 20 percent opacity "landscape only" bufferyard is required along street frontages.
5. 5.
  Limitations on Signage. Booms, derricks, grapple loaders, and platforms of stored equipment shall not be used for the display of signage.
I.
Motor Vehicle Sales or Rental, Motorcycles, Scooters, Snowmobiles, and ATVs. Motor vehicle sales or rental (motorcycles, scooters, snowmobiles, and ATVs) are allowed as a special use in the CG zone if , in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. 1.
  Limitation on Use.
  1. a.
    Rental vehicle inventory will not be stored in on-street parking spaces, nor in off-street parking spaces that are applied toward the parking requirements of Article 4-5, Parking and Loading.
2. 2.
  Buffering. Outdoor areas used to store rental vehicles will be landscaped and buffered in the same manner as parking lots (see Section 4-6-4-4, Parking Lots).
J.
Motor Vehicle Rental, Passenger Vehicles. Motor vehicle rental, passenger vehicles, may be allowed as a special use in the CG, BP, and LI zones if , in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. 1.
  Limitations on Use.
  1. a.
    Vehicle wash and maintenance facilities are allowed only in zones where such uses are allowed as principal uses. Where such uses are allowed, they are subject to the standards applicable to the principal use.
  2. b.
    Rental vehicle inventory shall not be stored in on-street parking spaces, nor in off-street parking spaces that are applied toward the parking requirements of Article 4-5, Parking and Loading.
2. 2.
  Buffering. In the CG, BP, and LI zones, areas used for the outdoor storage of rental vehicles shall be landscaped and buffered in the same manner as parking lots (see Section 4-6-4-4, Parking Lots).
3. 3.
  Fencing. Chain link fencing may be used to provide security for rental inventory in some zones, but is limited as follows:
  1. a.
    May be used in CG and BP zones, provided that:
    i.
    It is located only in side and rear yards;
    ii.
    It is part of a landscaped bufferyard; and
    iii.
    It is set back five feet from all property lines.
K.
Motor Vehicle Sales, Passenger Vehicles. Motor vehicle sales, passenger vehicles may be allowed a special use in the CG zone if in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. 1.
  Required Access. Access to the use is provided as follows:
  1. a.
    From an arterial or collector street; or
  2. b.
    From a local street if there is no residential use between the access point and the nearest intersection with an arterial or collector street.
2. 2.
  Landscaping and Bufferyards.
  1. a.
    Buffering shall be provided along property lines as required by Division 4-6-3, Buffering Requirements, or as set out below, whichever results in a more opaque bufferyard:
    1.
    A 40 percent opacity bufferyard with a masonry wall is required along all property lines that abut residential uses.
    2.
    A 30 percent opacity bufferyard is required along all other property lines that are not street frontages.
    3.
    A 20 percent opacity "landscape only" bufferyard shall be provided along street frontages. This bufferyard may be interrupted for a distance of 15 feet at intervals of not less than 35 feet, for the purpose of display of passenger vehicles for sale.
  2. b.
    All paved areas used for vehicle storage shall be landscaped and buffered as required for parking lots (see Section 4-6-4-4, Parking Lots).
3. 3.
  Fencing. Chain link fencing may be used to provide security for vehicle inventory in some zones, but is limited as follows:
  1. a.
    It may be used in the CG and LI zones, provided that:
    1.
    It is located only in the side and rear yards;
    2.
    It is part of a bufferyard; and
    3.
    It is set back five feet from all property lines.
L.
Recreational Vehicle and Boat Sales and Rentals. Recreational vehicle and boat sales and rentals are allowed as a special use in the CG and LI zones if in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. 1.
  Required Access. The use shall take access from an arterial street.
2. 2.
  Limitations on Accessory Uses. If the use is located within 600 feet of a residential use or residential zone, then service of boats and RVs is not allowed between the hours of 9:00 PM and 6:00 AM.
3. 3.
  Parking Design. Parking areas for customers shall be separated from display areas for boats and RVs.
4. 4.
  Landscaping and Bufferyards.
  1. a.
    Buffering shall be provided along property lines as required by Division 4-6-3, Buffering Requirements, or as set out below, whichever results in a more opaque bufferyard:
    i.
    A 40 percent opacity bufferyard with a masonry wall is required along all property lines that abut residential uses or zones.
    ii.
    A 30 percent opacity bufferyard is required along all other property lines that are not street frontages.
    iii.
    A 20 percent opacity "landscape only" bufferyard shall be provided along street frontages. This bufferyard may be interrupted for a distance of 25 feet at intervals of not less than 50 feet, for the purpose of displaying of RVs and / or boats for sale.
  2. b.
    All paved areas used for RV or boat storage shall be landscaped and buffered as required for parking lots (see Section 4-6-4-4, Parking Lots), with each boat storage space counted as one vehicular parking space and each RV storage space counted as two vehicular parking spaces.
5. 5.
  Fencing. Chain link fencing is not allowed in street yards, and is allowed in side and rear yards as part of a bufferyard, provided it is located at least five feet from property lines.
M.
Vehicle Wash. Vehicle washes are allowed as a special use in the CG and LI zones, and may be allowed as a limited use in the BP zone if, in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. 1.
  Required Access.
  1. a.
    Access to parcels developed with vehicle wash facilities that are not accessory to another use shall be provided as follows:
    i.
    CG zone: arterial street
    ii.
    BP zone: arterial or collector street
  2. b.
    Access to automated and full-service vehicle wash facilities:
    i.
    Shall be oriented to side lot lines that are planted with required bufferyards (see Section 4-6-3-2, Standard Bufferyards); or
    ii.
    Shall be secured with a door that remains closed except to provide access;
  3. c.
    Access to self-serve vehicle wash facilities shall be oriented to side lot lines that are planted with required bufferyards unless a 20 percent opacity street bufferyard is provided.
2. 2.
  Stacking. See Section 4-5-3-6, Vehicle Stacking Requirements
3. 3.
  Limitations on Use.
  1. a.
    Vehicle wash facilities that are located within 150 feet of a dwelling unit, measured in a straight line between the nearest edges of the buildings, shall not operate between the hours of 9:00 PM and 6:00 AM.
  2. b.
    Detailing and finishing operations shall not block required parking spaces.
4. 4.
  Buffering and Landscaping.
  1. a.
    Vacuum stations shall be screened from view from the street and located to minimize their noise impacts on residential uses.
  2. b.
    Buffering shall be provided along property lines as required by Division 4-6-3, Buffering Requirements, or as set out below, whichever results in a more opaque bufferyard:
    i.
    Along residential zone boundaries: 40 percent opacity, including a masonry wall that is at least five feet in height.
    ii.
    Along other zone boundaries: 20 percent opacity.
  3. c.
    Not less than 10 percent of the parcel, exclusive of bufferyards, must be landscaped.

Effective on: 10/22/2025

Sec. 2-2-3-13 Standards for Recreation and Amusement Uses

Generally. The standards of this Section apply to recreation and amusement uses which are enumerated in Table 2-1-3-6, Motor Vehicle and Heavy Equipment, and Recreation and Amusement Uses, under the subheading "Recreation and Amusement Uses," in instances where the use is shown as a special use ("S"), a limited use ("L"), or a conditional use ("C") in a particular zone. Note that other standards may also apply. See Section 2-2-1-2, Application of Article.
Amusement Parks. Amusement parks may be allowed as a limited use in the MU-A and CG zones, and are allowed as special uses in the CR zone if in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. Minimum Area of Parcel Proposed for Development. The minimum area of the parcel proposed for development is one acre.
2. Required Setbacks. The use shall be set back from property lines as follows:
  1. MU-A zones: 20 ft. on all sides.
  2. CG and CR zones: 50 ft. on all sides.
3. Spacing. Amusement parks that include amusement rides, gasoline-powered go-cart tracks, or gasoline-powered bumper boats shall be spaced not less than 400 feet from residential uses, measured as the shortest distance between the nearest property lines of the two uses.
4. Limitations on Use. If the use is located within 400 feet, measured as the shortest distance between the nearest property lines of the two uses, then the use shall not operate between 9:00 PM and 9:00 AM, Sundays through Thursdays, and 11:00 PM and 9:00 AM on Fridays and Saturdays.
5. Structure Height. The height to the tallest element on each amusement ride is limited to the maximum height for principal buildings in the applicable zone, except that taller amusement rides are permitted:
  1. If the ride is not within an enclosed building, it is set back an additional foot for each additional foot in height above the maximum height allowed in the zone; or
  2. If the ride is within an enclosed building, it is set back an additional two feet for each additional foot in height above the maximum height allowed in the zone.
6. Lighting.
  1. Lighting must be designed to prevent off-site glare and sky glow in accordance with Division 4-3-2 Lighting.
  2. Additional setbacks or a minimum parcel area may be required for facilities with decorative lighting.
7. Buffering.
  1. Go-cart tracks, batting cages, and amusement rides shall be buffered from streets and abutting uses by a 50 percent opacity bufferyard and / or buildings.
  2. Mini-golf shall be buffered from streets and abutting uses by a 30 percent opacity bufferyard and / or buildings. This requirement does not apply if a more opaque bufferyard is already provided due to the application of Subsection B.7.a., above, or Division 4-6-3, Buffering Requirements.
Campground or RV Park. Campgrounds and RV parks may be allowed as a conditional use in the RA, OS, and PB zones if in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. Minimum Area of Parcel Proposed for Development. The minimum area of the parcel proposed for development is 10 acres.
2. Campsite Density and Campsite Standards. The density, dimensions, and location of each campsite shall be as set out in Table 2-2-3-13A, Campsite Density and Campsite Standards.

Table 2-2-3-13A Campsite Density and Campsite Standards
Standard	Zone
Standard	PB	RA	OS
TABLE NOTE: Clusters of campsites are campsites that are either abutting or located across an internal street from each other.
Density (campsites per acre of parcel proposed for development)	8 sites per acre	6 sites per acre	5 sites per acre
Minimum RV Campsite Dimensions	30 ft. x 50 ft.	35 ft. x 50 ft.	35 ft. x 50 ft.
Minimum Tent Campsite Dimensions	30 ft. x 30 ft.	35 ft. x 35 ft.	35 ft. x 35 ft.
Minimum and Maximum Number of Campsites (Tent or RV) in a Cluster¹	Min.: 4; Max.: 12	Min.: 4; Max.: 12	Min.: 4; Max.: 12
Minimum Spacing Between Clustered Campsites	30 ft.	40 ft.	50 ft.
Maximum Distance from Boundary of Campsites to Restroom Facilities	150 ft.	150 ft.	200 ft.

Table 2-2-3-13A Campsite Density and Campsite Standards
Standard	Zone
Standard	PB	RA	OS
TABLE NOTE: Clusters of campsites are campsites that are either abutting or located across an internal street from each other.
Density (campsites per acre of parcel proposed for development)	8 sites per acre	6 sites per acre	5 sites per acre
Minimum RV Campsite Dimensions	30 ft. x 50 ft.	35 ft. x 50 ft.	35 ft. x 50 ft.
Minimum Tent Campsite Dimensions	30 ft. x 30 ft.	35 ft. x 35 ft.	35 ft. x 35 ft.
Minimum and Maximum Number of Campsites (Tent or RV) in a Cluster¹	Min.: 4; Max.: 12	Min.: 4; Max.: 12	Min.: 4; Max.: 12
Minimum Spacing Between Clustered Campsites	30 ft.	40 ft.	50 ft.
Maximum Distance from Boundary of Campsites to Restroom Facilities	150 ft.	150 ft.	200 ft.

Table 2-2-3-13A Campsite Density and Campsite Standards
Standard	Zone
Standard	PB	RA	OS
TABLE NOTE: Clusters of campsites are campsites that are either abutting or located across an internal street from each other.
Density (campsites per acre of parcel proposed for development)	8 sites per acre	6 sites per acre	5 sites per acre
Minimum RV Campsite Dimensions	30 ft. x 50 ft.	35 ft. x 50 ft.	35 ft. x 50 ft.
Minimum Tent Campsite Dimensions	30 ft. x 30 ft.	35 ft. x 35 ft.	35 ft. x 35 ft.
Minimum and Maximum Number of Campsites (Tent or RV) in a Cluster¹	Min.: 4; Max.: 12	Min.: 4; Max.: 12	Min.: 4; Max.: 12
Minimum Spacing Between Clustered Campsites	30 ft.	40 ft.	50 ft.
Maximum Distance from Boundary of Campsites to Restroom Facilities	150 ft.	150 ft.	200 ft.

Table 2-2-3-13A Campsite Density and Campsite Standards
Standard	Zone
Standard	PB	RA	OS
TABLE NOTE: Clusters of campsites are campsites that are either abutting or located across an internal street from each other.
Density (campsites per acre of parcel proposed for development)	8 sites per acre	6 sites per acre	5 sites per acre
Minimum RV Campsite Dimensions	30 ft. x 50 ft.	35 ft. x 50 ft.	35 ft. x 50 ft.
Minimum Tent Campsite Dimensions	30 ft. x 30 ft.	35 ft. x 35 ft.	35 ft. x 35 ft.
Minimum and Maximum Number of Campsites (Tent or RV) in a Cluster¹	Min.: 4; Max.: 12	Min.: 4; Max.: 12	Min.: 4; Max.: 12
Minimum Spacing Between Clustered Campsites	30 ft.	40 ft.	50 ft.
Maximum Distance from Boundary of Campsites to Restroom Facilities	150 ft.	150 ft.	200 ft.

1. Building Coverage Ratio. The maximum building coverage ratio for the parcel proposed for development is:
  1. PB and RA zones: 10 percent.
  2. OS zone: 5 percent.
2. Required Access. Campgrounds and RV parks may be accessed from any classification of street. However, the route between the nearest arterial street and the campground shall not traverse a local street in locations from which residential access is provided.
3. Utilities and Trash Receptacles.
  1. Potable water shall be provided to each RV and tent campsite.
  2. Electricity and sewer shall be provided to each RV campsite.
  3. Trash receptacles shall be bear-proof.
4. Accessory Uses. Accessory uses may include indoor recreation; outdoor recreation; coin-operated laundry; boat and ATV storage; security shelters; storage buildings; and convenience retail for guests of the campground or RV park. Accessory uses are subject to the building coverage ratio limitations in Subsection C.3., above.
5. Configuration of Campsites.
  1. Access to RV and tent camping spaces shall be from paved internal, private streets.
  2. Parking spaces must be paved or gravel.
  3. An internal pedestrian circulation system shall be provided.
  4. Sidewalks along internal streets of RV parks shall be at least 4 ft. wide.
6. Bufferyards.
  1. Campgrounds or RV parks that abut arterial streets or are located within 100 feet or residential zones (measured between the nearest property lines) shall be buffered from such streets and zones with a 60 percent opacity bufferyard. (see Section 4-6-3-2, Standard Bufferyards.)
  2. A 40 percent opacity bufferyard is required on all other sides of the campground or RV park.
Driving Range. Driving ranges may be allowed as a limited use in the CG, BP, and RA zones if it is demonstrated that:
1. Minimum Area and Dimensions of Parcel Proposed for Development.
  1. The minimum area of the parcel proposed for development is:
    1. CG and BP zones: 15 ac.
    2. RA zone: 30 ac.
  2. The area of the parcel that is used for a driving range shall be at least 1,300 feet long by 690 feet wide for up to 25 tees, plus 12 additional feet in width for each additional tee, unless netting is provided to prevent stray balls from leaving the site.
2. Limitations on Use. In the RA zone, netting and lighting are not allowed. The driving range shall have an area, orientation, and dimension that allows for safe use without netting.
3. Buffering. If netting is used in the CG or BP zones, netting shall be dark material that blends into the surroundings, and netted areas shall be buffered by a 30 percent opacity "landscape only" bufferyard on all sides.
Fairgrounds. Fairgrounds may be allowed as a limited use in the MU-A and PB zones and a conditional use in the RA zone if in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. Required Access. Access to fairgrounds shall be provided by a major arterial street.
2. Minimum Area of Parcel Proposed for Development. The minimum area of the parcel proposed for development is:
  1. MU-A zones: 30 ac.
  2. RA zone: 40 ac.
3. Setbacks.
  1. In the RA zone, buildings shall be set back at least 200 feet from all property lines.
  2. In the RA and MU-A zones, truck parking areas shall be set back at least 50 feet from residential uses and residential zone boundaries.
4. Buildings and Building Coverage.
  1. In the MU-A zone, buildings may include permanent facilities for exhibit halls, assembly, sports, equestrian or rodeo facilities, stables, and indoor recreation.
  2. In the RA zone:
    1. Building may include exhibit halls, meeting facilities, equestrian or rodeo facilities, stables, and storage buildings.
    2. The building coverage ratio shall not exceed 7.5 percent.
5. Bufferyards. Buffering shall be provided along property lines as required by Division 4-6-3, Buffering Requirements, or as set out below, whichever results in a more opaque bufferyard:
  1. 20 percent opacity bufferyard along streets; and
  2. 40 percent opacity bufferyard between truck parking and residential uses or zones, unless screened by intervening buildings or located more than 100 ft. from residential uses or zones.
Health and Exercise Club / Instruction. Health and exercise club / instruction uses may be allowed as a limited use in the CB, MU-N, BP and LI zones if in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. Limitation on Location. In the BP zone, the use shall be:
  1. Part of a hospital campus or college campus; or
  2. Located in a multi-tenant office building; or
  3. Located within 600 feet, measured as the shortest distance from property line to property line, of:
    1. At least 100 dwelling units; or
    2. At least 200 hotel or motel rooms.
2. Limitation on Gross Floor Area.
  1. In the CB zone, the use shall not occupy more than 7,500 sf. of ground-level gross floor area.
  2. In the MU-N zone, the floor area ratio (FAR) of the use shall not exceed 0.30.
3. Limitation on Use. Noise from the use shall not be audible at the property line of any nearby residential uses between the hours of 9:00 PM and 9:00 AM.
4. Bufferyards. In the BP and MU-N zones, if the use is open after 9:00 PM, then buffering shall be provided along each property line according to the more opaque of the following standards:
  1. The applicable standards of Division 4-6-3, Buffering Requirements; or
  2. A 20 percent opacity bufferyard with a minimum five-foot tall masonry wall or fence along property lines that are shared with residential uses or zones, or are across an alley from residential uses or zones.
5. Access. In the MU-N zone, access shall be provided by an arterial or collector street.
6. In the LI Zone.
  1. The use must be entirely within the building.
  2. Parking shall be designed using the following standards:
    1. Adequate pedestrian walkways are provided from the parking spaces to the building; and
    2. On-site loading and unloading is separated from the parking area and pedestrian walkways.
Indoor Commercial Amusement. Indoor commercial amusement uses may be allowed as a limited use in the MU-N and MU-A zones if in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. Limitation on Use. Noise from the use shall not be audible at the property line of any nearby residential uses or zones between the hours of 9:00 PM and 9:00 AM.
2. Bufferyards. If the use is open after 9:00 PM, then buffering shall be provided along each property line according to the more opaque of the following standards:
  1. The applicable standards of Division 4-6-3, Buffering Requirements; or
  2. A 20 percent opacity bufferyard with a five-foot tall masonry wall along property lines that are shared with residential uses or zones, or are across an alley from residential uses or zones.
Indoor Recreation. Indoor recreation facilities may be allowed as a limited use in the EN, EN-MF, RL, RM, RH, MU-N, and LI zones if in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. EN and EN-MF Zones.
  1. Indoor recreation facilities are limited to the location and physical extent of existing indoor recreation facilities.
  2. Indoor recreation facilities may be allowed as a conditional use in the EN and EN-MF zones if the following standards can be met:
    1. Limited to the location of existing non-residential facilities or vacant land.
    2. Access must be from a collector or arterial street.
    3. Buffered from abutting properties and rights-of-way with a 20 percent opacity bufferyard.
2. RL Zones. Indoor recreation facilities are limited to those that are limited to the use of residents of a subdivision.
3. RM and RH Zones. Indoor recreation facilities are limited to:
  1. Location is in the neighborhood center of a TND.
  2. The use of residents of a subdivision; or
4. MU-N Zone. The standards that apply to indoor commercial amusement (Subsection G., above) also apply to indoor recreation facilities.
5. LI Zone. Indoor recreation facilities may be allowed as a limited use in the LI zone if the following standards are met:
  1. The use must be entirely inside the building;
  2. The use is not located next to an existing use that has extensive outdoor operations;
  3. Adequate pedestrian walkways are provided from the parking spaces to the building; and
  4. On-site truck loading and unloading is separated from the parking area and pedestrian walkways.
Indoor Stadium, Arena, or Theater. Indoor stadiums, arenas, or theaters are allowed as a special use in the CB zone, may be allowed as a limited use in the MU-N and MU-A zones, and may be allowed as a conditional use in the RA zone if in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. Setbacks. In the RA zone, the use shall be set back 100 feet on all sides.
2. Limitation on Gross Floor Area. In the CB zone, the use shall not occupy more than 15,000 sf. of gross floor area on the ground floor of a building that fronts on Main Avenue. There is no floor area limitation on upper floors or in other locations in the CB zone.
3. Limitation on Use.
  1. In the RA zone, the use is limited to equestrian or rodeo facilities, or comparable facilities for showcasing livestock or agricultural products.
  2. In the CB, MU-N, and MU-A zones, noise from the use shall not be audible at the property line of any nearby residential uses or zones between the hours of 9:00 PM and 9:00 AM.
4. Bufferyards. Buffering shall be provided along property lines as required by Division 4-6-3, Buffering Requirements, or as set out below, whichever results in a more opaque bufferyard:
  1. In the MU-N and MU-A zones, if the use is open after 9:00 PM, then a 20 percent opacity bufferyard with a five-foot tall masonry wall is required along property lines that are shared with residential uses or zones, or are across an alley from residential uses or zones.
  2. In the RA zone, a 20 percent bufferyard is required along all property lines.
Night Club. Night clubs are allowed as a limited use in the MU-A and CG zones if in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. Required Access. If the gross floor area of the use is larger than 10,000 sf., then access shall be taken from an arterial or collector street.
2. Loading. If the use has a gross floor area that is larger than 10,000 sf., then a loading dock shall be provided.
3. Mitigation of Noise.
  1. If the use is located within 150 feet of a residential use or zone, measured as the shortest distance from building wall to building wall, then the use shall be sound-proofed.
  2. Public access shall face away from the nearest residential uses or zones.
4. Parking. Parking areas shall be screened from abutting lots that are used or zoned for residential purposes:
  1. With opaque walls or fences that are not less than five feet in height;
  2. By a grade change such that the parking lot surface is five feet or more below the elevation of the finished floor of buildings on abutting lots used for residential purposes; or
  3. A combination of a. and b. above that produces an equivalent result with respect to the screening of headlights.
5. Loading. If the use abuts a residential use or zone, loading is not allowed between the hours of 9:00 PM and 7:00 AM.
6. Bufferyards. Buffering shall be provided along each property line according to the more opaque of the following standards:
  1. The applicable standards of Division 4-6-3, Buffering Requirements; or
  2. A 20 percent opacity bufferyard with a five-foot tall masonry wall along property lines that are shared with residential uses or zones, or are across an alley from residential uses or zones.
Outdoor Commercial Recreation Outdoor Commercial Recreation Uses may be allowed as a limited use in the MU-A, CG, CR, BP, RA and PB zones, if in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. Required Setbacks. The use shall be set back 20 ft. from all property lines.
2. Limitations on Use. If the use is located within 100 feet from a residential use or zone, measured as the shortest distance between the nearest property lines of the two uses, then the use shall not operate between 9:00 PM and 9:00 AM, Sundays through Thursdays, and 11:00 PM and 9:00 AM on Fridays and Saturdays.
3. Structure Height. The height to the tallest element is limited to the maximum height for principal buildings in the applicable zone.
4. Lighting.
  1. In the RA zone, lighting of the recreation use is not allowed.
  2. Lighting must be designed to prevent off-site glare and sky glow in accordance with Division 4-3-2 Lighting.
  3. Additional setbacks or a minimum parcel area may be required for facilities with decorative lighting.
5. Buffering. Outdoor Commercial Recreation Uses shall be buffered from streets and abutting uses by a 30 percent opacity bufferyard and / or buildings.
Outdoor Recreation. Outdoor recreation uses may be allowed as a limited use in the EN, EN-MF, RL, RM, RH and OS zones, and is allowed as a special use in the CB, MU-N and MU-A zones if in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. Limitation on Use. Outdoor recreation uses are limited as set out in Table 2-2-3-13B, Outdoor Recreation Uses by Zone.

Table 2-2-3-13B Outdoor Recreation Uses by Zone
Standard	Zone
Standard	EN-#¹	EN-MF	RL	RM	RH	CB	MU-N	MU-A	OS
Allowed Outdoor Recreation Uses	Public plazas, tot lots, playgrounds, play courts, and passive recreation parks.	Public plazas, tot lots, playgrounds, play courts, and passive recreation parks.	All outdoor recreation uses.	All outdoor recreation uses that are not prohibited.	All outdoor recreation uses that are not prohibited.	Public plazas and passive recreation parks.	Public plazas, tot lots, playgrounds, and passive recreation parks.	Public plazas, tot lots, playgrounds, play courts (tennis, racquetball, shuffleboard, etc.), swimming pools, and passive recreation parks.	All outdoor recreation uses that are not prohibited.
Prohibited Outdoor Recreation Uses	All outdoor recreation uses that are not specifically allowed.	All outdoor recreation uses that are not specifically allowed.	NA	Wildlife sanctuaries	Golf courses, ski slopes, and wildlife sanctuaries.	All outdoor recreation uses that are not specifically allowed.	All outdoor recreation uses that are not specifically allowed.	All outdoor recreation uses that are not specifically allowed.	Tot lots, playing fields, playgrounds, swimming pools, and play courts (tennis, racquetball, shuffleboard, etc.).
TABLE NOTES: Applies to all sub-districts.

Table 2-2-3-13B Outdoor Recreation Uses by Zone
Standard	Zone
Standard	EN-#¹	EN-MF	RL	RM	RH	CB	MU-N	MU-A	OS
Allowed Outdoor Recreation Uses	Public plazas, tot lots, playgrounds, play courts, and passive recreation parks.	Public plazas, tot lots, playgrounds, play courts, and passive recreation parks.	All outdoor recreation uses.	All outdoor recreation uses that are not prohibited.	All outdoor recreation uses that are not prohibited.	Public plazas and passive recreation parks.	Public plazas, tot lots, playgrounds, and passive recreation parks.	Public plazas, tot lots, playgrounds, play courts (tennis, racquetball, shuffleboard, etc.), swimming pools, and passive recreation parks.	All outdoor recreation uses that are not prohibited.
Prohibited Outdoor Recreation Uses	All outdoor recreation uses that are not specifically allowed.	All outdoor recreation uses that are not specifically allowed.	NA	Wildlife sanctuaries	Golf courses, ski slopes, and wildlife sanctuaries.	All outdoor recreation uses that are not specifically allowed.	All outdoor recreation uses that are not specifically allowed.	All outdoor recreation uses that are not specifically allowed.	Tot lots, playing fields, playgrounds, swimming pools, and play courts (tennis, racquetball, shuffleboard, etc.).
TABLE NOTES: Applies to all sub-districts.

Table 2-2-3-13B Outdoor Recreation Uses by Zone
Standard	Zone
Standard	EN-#¹	EN-MF	RL	RM	RH	CB	MU-N	MU-A	OS
Allowed Outdoor Recreation Uses	Public plazas, tot lots, playgrounds, play courts, and passive recreation parks.	Public plazas, tot lots, playgrounds, play courts, and passive recreation parks.	All outdoor recreation uses.	All outdoor recreation uses that are not prohibited.	All outdoor recreation uses that are not prohibited.	Public plazas and passive recreation parks.	Public plazas, tot lots, playgrounds, and passive recreation parks.	Public plazas, tot lots, playgrounds, play courts (tennis, racquetball, shuffleboard, etc.), swimming pools, and passive recreation parks.	All outdoor recreation uses that are not prohibited.
Prohibited Outdoor Recreation Uses	All outdoor recreation uses that are not specifically allowed.	All outdoor recreation uses that are not specifically allowed.	NA	Wildlife sanctuaries	Golf courses, ski slopes, and wildlife sanctuaries.	All outdoor recreation uses that are not specifically allowed.	All outdoor recreation uses that are not specifically allowed.	All outdoor recreation uses that are not specifically allowed.	Tot lots, playing fields, playgrounds, swimming pools, and play courts (tennis, racquetball, shuffleboard, etc.).
TABLE NOTES: Applies to all sub-districts.

Table 2-2-3-13B Outdoor Recreation Uses by Zone
Standard	Zone
Standard	EN-#¹	EN-MF	RL	RM	RH	CB	MU-N	MU-A	OS
Allowed Outdoor Recreation Uses	Public plazas, tot lots, playgrounds, play courts, and passive recreation parks.	Public plazas, tot lots, playgrounds, play courts, and passive recreation parks.	All outdoor recreation uses.	All outdoor recreation uses that are not prohibited.	All outdoor recreation uses that are not prohibited.	Public plazas and passive recreation parks.	Public plazas, tot lots, playgrounds, and passive recreation parks.	Public plazas, tot lots, playgrounds, play courts (tennis, racquetball, shuffleboard, etc.), swimming pools, and passive recreation parks.	All outdoor recreation uses that are not prohibited.
Prohibited Outdoor Recreation Uses	All outdoor recreation uses that are not specifically allowed.	All outdoor recreation uses that are not specifically allowed.	NA	Wildlife sanctuaries	Golf courses, ski slopes, and wildlife sanctuaries.	All outdoor recreation uses that are not specifically allowed.	All outdoor recreation uses that are not specifically allowed.	All outdoor recreation uses that are not specifically allowed.	Tot lots, playing fields, playgrounds, swimming pools, and play courts (tennis, racquetball, shuffleboard, etc.).
TABLE NOTES: Applies to all sub-districts.

1. Bufferyards. In the MU-A zone, play courts shall be buffered from abutting properties and rights-of-way with a 20 percent opacity bufferyard.
2. Lighting. In the EN, EN-MF, RL, and OS zones, outdoor recreation facilities shall not be lighted.
Outdoor Shooting / Archery Range / Paintball. Outdoor shooting / archery range / and paintball courses may be allowed as a conditional use in the CG, CR, and RA zones, and may be allowed as a limited use in the PB zone, if in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. Minimum Area of Parcel Proposed for Development.
  1. The minimum area of the parcel proposed for development shall be:
    1. Archery Range: 1 acre
    2. Shooting Range: 15 acres
    3. Skeet Course: 30 acres
    4. Paintball Course: 30 acres
  2. The minimum areas are additive. For example, if a shooting range also includes a skeet course, the parcel proposed for development shall be at least 45 acres in area.
2. Spacing. The use shall be spaced from residential zones and uses, schools, places of assembly, day cares, and parks used for active recreation by the following distances, which shall be measured along a straight line between the closest property lines:
  1. Shooting ranges and skeet courses: 2,640 ft.
  2. Paintball courses: 1,320 ft.
  3. Archery ranges: 150 ft.
3. Combinations of Use. Paintball courses shall not be combined with skeet courses, shooting ranges, or archery ranges.
4. Limitations on Use. In the PB zone, the use is limited to law enforcement or military training facilities.
5. Design Requirements.
  1. The use shall be designed to prevent projectiles from leaving the parcel proposed for development. The plan must show how all projectiles will be contained within the site.
  2. The perimeter must be secured to prevent entry into surface danger zone areas.
  3. Shooting ranges and skeet courses shall:
    1. Be designed according to the most recent version of "Range Design Criteria," promulgated by the U.S. Department of Energy, Office of Health, Safety, and Security.
    2. Provide an impervious layer in the area where bullets land to intercept lead leachate and direct it to a monitored pond.
6. Buffering. A 60 percent opacity bufferyard is required around the perimeter of the use. The bufferyard shall include a security fence or wall, which must be located on the interior side of the bufferyard (behind the required landscaping).
Outdoor Stadium, Arena, Amphitheater, or Drive-In Theater. Outdoor stadium, arena, amphitheater, or drive-in theater uses may be allowed as a conditional use in the CG, CR, and RA zones, and as a limited use in the BP and PB zones if in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. Spacing. Outdoor stadiums, arenas, and drive-in theaters shall be spaced 600 feet from residential zones and uses, measured along a straight line between the closest property lines.
2. Setbacks. In the RA zone, the use shall be set back 200 feet from all property lines.
3. Limitations on Use.
  1. In the BP zone, the use is limited to amphitheaters that are provided as an amenity to mixed-use development.
  2. In the RA zone, the use is limited to equestrian or rodeo facilities.
4. Design Requirements. Amphitheater stages and drive-in screens shall face away from the nearest residential uses and zones.
5. Buffering. Buffering shall be provided as set out in Table 2-2-3-13C, Required Buffering.

Table 2-2-3-13C Required Buffering
Required Buffer / Exceptions	Zone
Required Buffer / Exceptions	CG	CR	BP	PB	RA
Required Bufferyard (All Sides)	40% opacity	30% opacity	30% opacity	20% opacity	20% opacity
Exception to Bufferyard Requirements	NA	NA	amphitheaters that are designed for fewer than 500 attendees	amphitheaters that are designed for fewer than 500 attendees	NA
TABLE NOTES: NA = Not Applicable

Table 2-2-3-13C Required Buffering
Required Buffer / Exceptions	Zone
Required Buffer / Exceptions	CG	CR	BP	PB	RA
Required Bufferyard (All Sides)	40% opacity	30% opacity	30% opacity	20% opacity	20% opacity
Exception to Bufferyard Requirements	NA	NA	amphitheaters that are designed for fewer than 500 attendees	amphitheaters that are designed for fewer than 500 attendees	NA
TABLE NOTES: NA = Not Applicable

Table 2-2-3-13C Required Buffering
Required Buffer / Exceptions	Zone
Required Buffer / Exceptions	CG	CR	BP	PB	RA
Required Bufferyard (All Sides)	40% opacity	30% opacity	30% opacity	20% opacity	20% opacity
Exception to Bufferyard Requirements	NA	NA	amphitheaters that are designed for fewer than 500 attendees	amphitheaters that are designed for fewer than 500 attendees	NA
TABLE NOTES: NA = Not Applicable

Table 2-2-3-13C Required Buffering
Required Buffer / Exceptions	Zone
Required Buffer / Exceptions	CG	CR	BP	PB	RA
Required Bufferyard (All Sides)	40% opacity	30% opacity	30% opacity	20% opacity	20% opacity
Exception to Bufferyard Requirements	NA	NA	amphitheaters that are designed for fewer than 500 attendees	amphitheaters that are designed for fewer than 500 attendees	NA
TABLE NOTES: NA = Not Applicable

Race Track, Motor Vehicle. Motor vehicle race tracks may be allowed as a conditional use in the CR, LI, and PB zones if in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. Minimum Area of Parcel Proposed for Development. The minimum area of the parcel proposed for development is 60 acres.
2. Spacing. The use shall be spaced 1,000 feet from residential zones and uses, places of assembly, day cares, and schools, measured along a straight line between the closest property lines. Spacing may be reduced to not less than 600 feet if the applicant demonstrates that noise mitigation measures will provide a comparable reduction in noise impacts to these uses.
3. Setbacks. All parts of the track and stands shall be set back:
  1. 100 feet from all property lines; and
  2. 300 feet from arterial streets.
4. Required Access. If the use is open to the public, access shall be provided by an arterial street.
5. Buffering. A 40 percent opacity bufferyard shall be provided on all sides of the track.
Sexually-Oriented Business. Based on the purposes and findings set out in Section 1-1-1-4, Purposes with Respect to Sexually-Oriented Businesses, sexually-oriented businesses are allowed as a special use in the LI zone if in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. Spacing.
  1. The use shall be spaced not less than 1,000 feet, measured as the shortest distance from the property line of the use to the nearest property line of the use or zone from which spacing is required, from:
    1. Other sexually-oriented businesses;
    2. Lots that are developed with dwelling units;
    3. Residential zone boundaries;
    4. Schools, public parks, and child care centers that are located within the City limits; and
    5. Places of assembly.
  2. The spacing requirement may be reduced to 500 feet if the use does not operate between 7:00 PM and 9:00 AM.
2. Design. The use shall be designed as follows:
  1. Primary access to the building shall be visible from the street from which the use takes access.
  2. Building access shall be configured to allow for verification of age of customers before entry into parts of the building where sexually-oriented merchandise is displayed or sexually-oriented entertainment activities occur.
  3. High-intensity primary, metallic, black, or fluorescent colors shall not be used for paint or cladding of exterior building walls.
  4. The use shall operate entirely indoors.
  5. The interior of the use shall be configured so that sexually-oriented activity, sexually-oriented merchandise, and depictions of said activity or merchandise, are not visible from outside of the building through windows or doors.
3. Limitations on Signage. Signs shall not include graphics or images that are harmful to children, as defined in C.R.S. § 18-7-501.
4. Limitations on Lighting. Exposed neon signs and neon lighting are not allowed.
Tours (Bus, Trolley, Van or Walking) and River Guide / Watercraft Rental. Tours (bus, trolley, van or walking) and river guide / watercraft rental uses are allowed as a special use in the CB, MU-A, CG, CR, and PB zones if in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. Limitations on Use. In the CB and MU-A zones, the use shall be limited to ticketing and loading. Tour vehicles shall not be stored in the CB or MU-A zones.
2. Pedestrian Queuing. Pedestrians may not block sidewalks, streets, or alleys when purchasing tickets, waiting, or loading / unloading.
3. Loading. On-street loading of passengers is not allowed in any zone.
4. Vehicle Storage. In the CG, CR, and PB zones, tour vehicle and watercraft storage areas shall be screened from residential uses and zones, public streets, and public trails in one or more of the following ways:
  1. A location inside an enclosed building;
  2. A location behind the principal building; or
  3. A location behind a 30 percent opacity bufferyard that includes a structure.

Effective on: 12/3/2019

Sec. 2-2-3-14 Standards for Utility Uses

Generally. The standards of this Section apply to utility uses which are enumerated in Table 2-1-3-7, Utility and Telecommunications Uses, under the subheading "Utility Uses, General" and "Utility Uses, Major Electrical and Natural Gas Facilities," in instances where the use is shown as a special use ("S"), a limited use ("L"), or a conditional use ("C") in a particular zone. Note that other standards may also apply. See Section 2-2-1-2, Application of Article.
Potable Water Plant or Sanitary Sewer Plant. Potable water plants and sanitary sewer plants may be allowed as a limited use in the LI and PB zones, provided that:
1. Site Selection for All Facilities.
  1. Sites shall be selected to minimize the impacts of odors on nearby residential uses and zones.
  2. Water and sewer plants shall not be located in special flood hazard areas.
2. Bufferyards.
  1. A bufferyard is required along all property lines, as follows:
    1. At zone boundary lines, the opacity of the bufferyard shall meet any applicable opacity requirements of Section 4-6-3-5, Zone Boundary Bufferyards, except that in no event shall the opacity be less than 30 percent.
    2. In all other locations, the bufferyard shall have 30 percent opacity.
  2. Security fences, if provided, shall be located between the facility and the required bufferyard.
Small Power Production Facility. Small power production facilities may be allowed as a conditional use in the CG, CR, BP, or RA zones or as a limited use in the PB zone provided in Table 2-2-3-14A, Review Procedures by Footprint of Ground-Mounted Photovoltaic Panels, if the standards of this subsection are met.
1. Modification of Review Procedures for Photovoltaic Facilities.
  1. The review procedures that apply to small photovoltaic power production facilities using ground-mounted panels are set out in Table 2-2-3-14A, Review Procedures by Footprint of Ground-Mounted Photovoltaic Panels.

Table 2-2-3-14A Review Procedures by Footprint of Ground-Mounted Photovoltaic Panels
Zone	Facility Type
Zone	Less than 5,000 sf.	5,000 sf. to 10,000 sf.	More than 10,000 sf.
CG	A	L	C
CR	A	S	L
BP	A	S	L
PB	A	S	L
RA	A	S	C
TABLE NOTES: A = Allowed; C = Conditional; L = Limited; and S = Special

Table 2-2-3-14A Review Procedures by Footprint of Ground-Mounted Photovoltaic Panels
Zone	Facility Type
Zone	Less than 5,000 sf.	5,000 sf. to 10,000 sf.	More than 10,000 sf.
CG	A	L	C
CR	A	S	L
BP	A	S	L
PB	A	S	L
RA	A	S	C
TABLE NOTES: A = Allowed; C = Conditional; L = Limited; and S = Special

Table 2-2-3-14A Review Procedures by Footprint of Ground-Mounted Photovoltaic Panels
Zone	Facility Type
Zone	Less than 5,000 sf.	5,000 sf. to 10,000 sf.	More than 10,000 sf.
CG	A	L	C
CR	A	S	L
BP	A	S	L
PB	A	S	L
RA	A	S	C
TABLE NOTES: A = Allowed; C = Conditional; L = Limited; and S = Special

Table 2-2-3-14A Review Procedures by Footprint of Ground-Mounted Photovoltaic Panels
Zone	Facility Type
Zone	Less than 5,000 sf.	5,000 sf. to 10,000 sf.	More than 10,000 sf.
CG	A	L	C
CR	A	S	L
BP	A	S	L
PB	A	S	L
RA	A	S	C
TABLE NOTES: A = Allowed; C = Conditional; L = Limited; and S = Special

1. 1. Small photovoltaic power production facilities that are mounted on flat rooftops of buildings, canopies, carports, and covered walkways are an allowed use.
1. Limitations on Facility Type. The type of facility that is allowed in each zone is set out in Table 2-2-3-14B, Facility Types by Zone.

Table 2-2-3-14B Facility Types by Zone
Zone	Facility Type
Zone	Photovoltaic	Concentrating Solar	Geothermal	Wind	Biomass	Other
CG		-	-	-	-	-
CR		-	-	-	-	-
BP					-	-
PB
RA					(co-generation only)

Table 2-2-3-14B Facility Types by Zone
Zone	Facility Type
Zone	Photovoltaic	Concentrating Solar	Geothermal	Wind	Biomass	Other
CG		-	-	-	-	-
CR		-	-	-	-	-
BP					-	-
PB
RA					(co-generation only)

Table 2-2-3-14B Facility Types by Zone
Zone	Facility Type
Zone	Photovoltaic	Concentrating Solar	Geothermal	Wind	Biomass	Other
CG		-	-	-	-	-
CR		-	-	-	-	-
BP					-	-
PB
RA					(co-generation only)

Table 2-2-3-14B Facility Types by Zone
Zone	Facility Type
Zone	Photovoltaic	Concentrating Solar	Geothermal	Wind	Biomass	Other
CG		-	-	-	-	-
CR		-	-	-	-	-
BP					-	-
PB
RA					(co-generation only)

1. Location. No small power production facilities are allowed within utility easements or drainage easements. Facilities shall be set back as follows:
  1. For solar (photovoltaic or concentrating) facilities that occupy a land area of 10,000 sf. or less, ground-mounted generation equipment shall be set back at least:
    1. Five feet from property lines, plus one foot for every two feet in height above eight feet; and
    2. 15 feet from right-of-way lines, plus one foot for every two feet in height above eight feet.
  2. For solar (photovoltaic or concentrating) facilities that occupy a land area of more than 10,000 sf., ground-mounted generation equipment shall be set back at least 20 feet from all property lines.
  3. Photovoltaic panels that are mounted on rooftops, canopies, carports, and covered walkways may be installed:
    1. Up to the edge of the roof structure upon which they are mounted, if they are mounted parallel to the roof; or
    2. Up to the edge of the wall planes if they are mounted at an angle to the roof.
  4. Geothermal facilities shall be set back as required for principal buildings.
  5. Biomass facilities shall be set back 150 feet from all property lines.
2. Buffering.
  1. Small photovoltaic and concentrating solar power production facilities that occupy a land area of more than 10,000 sf. shall be surrounded by:
    1. A post-and-rail fence with at least three rails, that is not less than four feet tall to the top of the top rail, landscaped with not less than 15 shrubs per 100 linear feet of fence; or
    2. A continuous hedge that is maintained at a height of not less than three and one-half feet. Security fencing behind the hedge is allowed. (See Figure 2-3-3-14, Illustrative 10,000+ sf. Small Photovoltaic Power Production Facility.)

Figure 2-2-3-14
Illustrative 10,000+ sf. Small Photovoltaic Power Production Facility

1. 1. All facilities that are not photovoltaic, concentrating solar, or located on or within a building shall be surrounded by a 30 percent opacity bufferyard.

1. Limitations on Use.
  1. Concentrated solar power generators shall be of a type that uses a linear collector system (e.g., parabolic trough or linear fresnell) and not a tower receiver.
  2. Fuel yards for biomass facilities shall be designed and located to control odors.
  3. No facilities shall burn inorganic wastes or tires.
  4. Wind generators shall not exceed the maximum building height in the zone by more than five feet. For horizontal axis wind generators, the height is measured to the top of the blade in its highest position.
2. Required Demonstrations for Geothermal Facilities. Applications for geothermal facilities shall demonstrate that the geology of the proposed location is appropriate for the use, such that the use will not result in subsidence or seismic events.

Electrical Substation. Electrical substations are allowed as a special use in the BP and LI zones, and may be allowed as a limited use in the EN (all sub-districts), EN-MF, RL, RM, RH, CG, CR, and PB zones, and as a conditional use in the RA zone if in addition to the other applicable standards of the LUDC, it is demonstrated that:
1. Limitation on Location in EN (all sub-districts) and EN-MF Zones. The following standards apply within the EN (all sub-districts) and EN-MF zones:
  1. New electrical substations are not allowed in the EN (all sub-districts) and EN-MF zones. However, existing facilities may continue as conforming uses.
  2. Existing electrical substations may be expanded if:
    1. The facility setback requirements below, are met; and
    2. The landscaping and buffering requirements below, are met.
2. Limitations on Use in EN (all sub-districts), EN-MF, RL, RM, and RH Zones. Substations in the EN (all sub-districts), EN-MF, RL, RM, and RH zones shall be for distribution or collector substation facilities only. Transmission substations are not allowed.
3. Setbacks. Electrical substations in the EN (all sub-districts), EN-MF, RL, RM, RH, CG, CR, PB, and RA zones shall be set back as follows:
  1. If the secure area of the substation has a footprint of 12,500 sf. or less, then it shall be set back at least:
    1. 50 feet from rights-of-way;
    2. 50 feet from nonresidential property lines; and
    3. 100 feet from residential property lines. (See Figure 2-2-3-14, Illustrative Setbacks and Landscaping for Substations.)
Figure 2-2-3-14
Illustrative Setbacks and Landscaping for Substations
1. If the secure area of the substation has a footprint of more than 12,500 sf., then it shall be set back at least:
  1. 100 feet from rights-of-way;
  2. 100 feet from nonresidential property lines; and
  3. 200 feet from residential property lines. Any substation equipment that is taller than 35 feet above the ground plane shall be set back an additional two feet for each additional foot in height above 35 feet.
2. The setbacks of this Subsection 3. may be waived if the utility lines are buried and the substation is concealed within an enclosed building or underground. In such cases, setbacks shall be the same as are applied to principal buildings in the same zone.
3. Landscaping and Buffering. Electrical substations in the EN (all sub-districts), EN-MF, RL, RM, RH, CG, CR, PB, and RA zones that are not concealed within buildings shall be landscaped and buffered as follows:
  1. An evergreen hedge shall be planted around the outside of the security fence, except at points of entry. The hedge shall be maintained at a height of at least five feet.
  2. A 20 percent opacity bufferyard that incorporates at least 50 percent evergreen trees shall be planted between the facility and all property lines, except in locations where a clear area is necessary for routing wires, vehicular access, or maintenance access. (See Figure 2-2-3-14, Illustrative Setbacks and Landscaping for Substations.)
Transmission Lines, Electrical. Electrical transmission lines are allowed in all zones according to the zones and use types specified in Table 2-1-3-7, Utility and Telecommunications Uses, if it is demonstrated that:
1. State Requirements. No new transmission lines shall be installed without a certificate of need from the Colorado Public Utilities Commission, or an exemption certification.
2. Use of Existing Easements. To the extent practicable, new transmission lines shall be located within existing transmission easements or routed outside of the City of Durango.
3. Location Priorities. New transmission lines that are not located within existing transmission easements shall be routed to minimize their impact on the natural resource and scenic values of the City, according to the following priorities, in descending order:
  1. Minimize impacts of construction and maintenance on habitat and natural systems;
  2. Avoid routes that follow ridge lines or cause poles or power lines to appear to rise above ridge lines;
  3. Avoid routes within 500 feet of the Animas River;
  4. Minimize visual impacts through the use of topographic features and existing stands of trees as screens between the route and areas of existing development within the City; and
  5. Minimize the impacts of poles and lines on existing development through spacing (measured as the shortest distance between the transmission line easement or right-of-way and the property line of the use), as follows:
    1. 300 feet from dwelling units, schools (all types), and places of assembly; and
    2. 500 feet from arterial streets.
Natural Gas Compressor Stations, General Transmission Lines, Natural Gas Laterals and Natural Gas Mains. See Division 4-4-10, Oil and Gas.

Effective on: 7/1/2014

Sec. 2-2-3-15 Standards for Telecommunication Uses

A.
Generally. The standards of this Section apply to telecommunication uses which are enumerated in Table 2-1-3-7, Utility and Telecommunication Uses, under the subheading "Telecommunication Uses" in instances where the use is shown as a special use ("S"), a limited use ("L"), or a conditional use ("C") in a particular zone. Note that other standards may also apply. See Section 2-2-1-2, Application of Article.
B.
Broadcasting Center. Broadcasting centers are allowed as a special use in the BP zone and may be allowed as a limited use in the CB, MU-N, MU-A, and LI zones, if in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. 1.
  CB, MU-N, and MU-A Zones. Broadcasting centers may include studios, but shall not include transmission or receiving equipment that is:
  1. a.
    Ground-mounted;
  2. b.
    Tower-mounted; or
  3. c.
    Mounted on the building, except that satellite dishes that are less than one meter in diameter and antennae that are less than 10 feet in height may be mounted on the roof.
2. 2.
  BP and LI Zones. Broadcasting centers may include studios and transmission equipment. Transmission and receiving equipment is subject to the following standards:
  1. a.
    Ground-mounted satellite dishes shall be set back at least 100 feet from all property lines, and screened by a 30 percent opacity bufferyard that includes a structure. If security fencing is used, it shall be located between the bufferyard landscaping and the satellite dishes.
  2. b.
    Roof-mounted equipment shall:
    i.
    Extend not more than 10 feet above the rooftop; and
    ii.
    Be screened from street-level views by parapet walls, which may extend up to six feet above the roof, provided that if they exceed the maximum height allowed for the zone, they are set back one foot per foot of additional height above the maximum allowable height.
  3. c.
    Tower-mounted equipment shall comply with the standards of Subsection D., below, that are applicable to telecommunications towers.
C.
Small Cell Telecommunication Facilities. Small cell telecommunication facilities may be allowed as a special use in all zone districts if the standards of this subsection are met.
1. 1.
  When placed on existing infrastructure, including but not limited to light poles or traffic signals, the equipment shall be as close to the physical dimensions, materials and colors of the existing infrastructure as practically possible. Any internal wiring and equipment should be encased or screened in an enclosure that is compatible in material and color to the structure upon which the small cell is located.
2. 2.
  New facilities to be constructed in self-contained structures placed directly onto public rights-of-way or public property shall be of a similar color that is identical to, or closely compatible with, existing infrastructure facilities such as light poles, traffic signal supports, or other types of poles. Structures designed to accommodate other uses beneficial to the public, such as kiosks and transit shelters, may house small cell facilities.
3. 3.
  Any facilities located in a locally or federally designated historic district shall be reviewed for comment by the Historic Preservation Board.
4. 4.
  Small cell installations may extend up to 20 feet taller than the building to which it is attached, or 10 feet taller than the maximum height allowed in the zone for a principal building, whichever is less. If the installation exceeds the allowed size it shall be considered a cellular antenna and subject to the standards described in Section 2-2-3-15(E) of this Chapter. Small cell facilities attached to a utility pole, light pole, or other similar structures, shall not extend more than 10 feet above the structure to which it is attached.
5. 5.
  Colocation Requirement. The intent of colocation is to have several providers use the same structure or site to keep the number of telecommunication facilities to a minimum as a means of reducing the overall visual impacts throughout the community. If colocation is a practical alternative to the construction of a new telecommunication tower, then colocation is required.
6. 6.
  Attachment Alternative. If it is practical to attach facilities to water towers, existing transmission towers, or existing buildings, or light poles or utility poles, then such locations shall be used instead of new telecommunications towers. The standards of Section 2-2-3-15(E)(4) shall apply to small cell facilities.
7. 7.
  Maintenance and Replacement. Existing facilities may perform routine maintenance, removal and replacement, or upgrades which do not impact the existing installation design or initial approval. Maintenance and replacement of existing facilities must apply for a special use permit with updated plans for documentation purposes and pay applicable fees but are not subject to public noticing requirements per Section 6-3-3-10 since there are no new impacts. Changes to existing facilities which impact the design, location, or initial approval must apply for a new special use permit and meet applicable standards of this section.
D.
Telephone Exchange; Telecommunication Hotel; Server Farm. Telephone exchanges, telecommunication hotels, and server farms may be allowed as a limited use in the CB zone if in addition to the other applicable standards of this LUDC, it is demonstrated that the use is not located within 100 feet of the right-of-way of Main Avenue.
E.
Wireless Telecommunication Facilities. Wireless telecommunication facilities are allowed in all zones according to the zones and use types specified in Table 2-1-3-7, Utility and Telecommunication Uses, if the standards of this subsection are met.
1. 1.
  Colocation Requirement. The intent of colocation is to have several providers use the same structure or site to keep the number of telecommunication facilities to a minimum as a means of reducing the overall visual impacts throughout the community. If colocation is a practical alternative to the construction of a new telecommunication tower, then colocation is required.
2. 2.
  Attachment Alternative. If it is practical to attach facilities to water towers, existing transmission towers, or existing buildings, or light poles or utility poles, then such locations shall be used instead of new telecommunications towers.
3. 3.
  Demonstration of Need and Study of Alternatives. No new telecommunication towers shall be approved unless it is demonstrated that:
  1. a.
    The proposed wireless telecommunication facility fits into and fills a need within an overall system plan for the City;
  2. b.
    The following locations are impractical alternatives for reasons of structural support capabilities, safety, available space, or service coverage area objectives that cannot be remedied through the use of alternative equipment that would provide the same services and coverage:
    i.
    Colocation on existing telecommunication towers;
    ii.
    Attachment to water towers or existing transmission towers; and
    iii.
    Attachment to existing buildings, or light or utility poles.
  3. c.
    There are no alternative sites within 8,000 feet of the parcel proposed for development that are:
    i.
    Available;
    ii.
    Feasible for the type and level of service proposed; and
    iii.
    Less visible from State highways, arterial streets, and areas of natural scenic value.
4. 4.
  Design Requirements for Attached Facilities. Wireless telecommunication facilities that are attached to existing buildings and structures, other than telecommunication towers, are subject to the following requirements:
  1. a.
    Attached facilities shall be placed on or within a building or structure, such as on the side of a building or parapet wall, architectural tower or cupola, in an architecturally sensitive manner. Facilities that are not concealed within a building or structure shall be of a neutral color that is identical to, or closely compatible with, the color of the supporting building or structure to which they are attached, so as to minimize their visual impacts.
  2. b.
    Where possible, attached facilities shall be disguised as an architectural feature or design element of a building, provided that the feature is compatible in terms of architectural style, height, mass, scale, and color; and reasonably screens the facility from ground level view.
  3. c.
    Façade mounted facilities (antenna mounted on the side of a building) may not extend above the parapet wall, or, in the case of a pitched roof, above the fascia.
  4. d.
    The maximum height of a facility that is mounted on a rooftop is the shorter of:
    i.
    20 feet taller than the building to which it is attached; or
    ii.
    10 feet taller than the maximum height allowed in the zone for a principal building.
  5. e.
    Rooftop antennas shall either be:
    i.
    Mounted to a penthouse;
    ii.
    Set back such that they are not visible from ground level on adjacent rights-of-way or residential uses or zones at a distance of 100 feet or less; or
    iii.
    Reasonably screened from ground level view, and designed in a manner which is compatible with the materials, colors, and architectural details of the existing building or structure.
  6. f.
    Rooftop facilities that extend more than 10 feet from the roof location where they are mounted shall be set back from building walls not less than one foot per foot above the tenth foot that the facility extends above the top of the building. This requirement may be waived only if the applicant demonstrates that it materially impedes the function of the facility.
  7. g.
    Equipment that does not depend upon an elevated location to operate shall be located:
    i.
    Within a building;
    ii.
    Within an underground enclosure; or
    iii.
    Within an enclosure at ground level which is screened from view from all abutting properties, streets, and trails.
5. 5.
  Location and Format Requirements for New Towers.
  1. a.
    Location. Telecommunication towers are not allowed:
    i.
    Within, or closer than 250 feet to, residential zone boundaries;
    ii.
    The CB zone; or
    iii.
    The River Corridor Overlay Zone;
  2. b.
    Setbacks. The minimum setback from the property line shall be:
    i.
    The setback applicable to principal structures in the zone in which the tower is located, plus one foot per foot that a tower extends above the maximum building height for the zone; or
    ii.
    An alternative setback, approved by the Administrator, for stealth freestanding facilities where the facility replaces or proposes an accessory structure to an established principal use, to include, but not limited to, signs, light poles, and flagpoles, where it is evidenced that the siting and location of the stealth freestanding facility with the alternative setback substantially camouflages or conceals the presence of the tower and antennas and has less visual impact than would be achieved by applying the principal structure setback.
  3. c.
    Separation.
    i.
    No telecommunication tower shall be constructed within 8,000 feet of any pre-existing telecommunication tower unless it is demonstrated that no additional telecommunication providers can be accommodated on the existing tower or on any other existing buildings or facilities. Tower separation shall be measured by following a straight line from the base of the proposed tower, which is closest to the base of any pre-existing tower.
    ii.
    The Administrator may reduce the separation requirements only if it is demonstrated that:
    (A)
    It is technologically impossible to locate the proposed tower on available sites more than 8,000 feet from a pre-existing tower and still provide the approximate coverage the tower is intended to provide;
    (B)
    The pre-existing telecommunication tower that is within 8,000 feet of the proposed tower cannot be modified to accommodate another provider; and
    (C)
    There are no available buildings, light or utility poles, or water towers on which antennas may be located and still provide the approximate coverage that the tower is intended to provide.
  4. d.
    Design for Future Colocation. All new telecommunication towers shall be designed to accommodate the colocation of additional providers and must comply with the following:
    i.
    New telecommunication towers of a height of 80 feet or more shall be designed to accommodate colocation of a minimum of two additional providers, either outright or through reasonable future modification to the tower.
    ii.
    New telecommunication towers of a height up to 80 feet shall be designed to accommodate colocation of a minimum of one additional provider, either outright or through reasonable future modification of the tower.
    iii.
    As a condition of issuing a permit to construct or operate a tower in the City, the owner/operator of the tower shall be required to allow colocation until said tower has reached full capacity. The number of allowable additional users shall only be limited by site parameters.
    iv.
    Telecommunication towers constructed or approved prior to the adoption of this Section may be modified to accommodate additional providers consistent with provisions for colocation in this Section.
    v.
    If an owner/operator chooses not to colocate and thus, erect a stand-alone tower, the applicant must specifically demonstrate to the satisfaction of the City the reasons why colocation is not possible.
    vi.
    The owner/operator of the potential tower will be required to enter into agreement with each provider locating on the tower, which states that all disputes with future providers concerning colocation and the terms and conditions of colocation shall be submitted to arbitration.
  5. e.
    Stealth Design Requirement. Towers shall be designed to be architecturally compatible with the surrounding area and to camouflage or conceal the tower and its attached facilities. Illustrative structures include, but are not limited to: artificial rocks and trees, freestanding clock towers and bell steeples, light poles, flagpoles, and artistic structures. This requirement may be waived only if it is demonstrated that a stealth design would interfere with the provision of adequate service.
  6. f.
    Color. If not designed as stealth facilities, telecommunication towers shall be nonreflective, unpainted galvanized steel or painted neutral colors or such shades that are appropriate and compatible with the surrounding environment.
  7. g.
    Lighting. No lighting shall be permitted on telecommunication towers except that required by the Federal Aviation Administration (FAA).
  8. h.
    Signage. No signs, striping, graphics, or other attention-getting devices are permitted on telecommunication towers or ancillary facilities except for warning and safety signage with a surface area of no more than three square feet. Such signage shall be affixed to a fence or ancillary facility. Not more than two signs are allowed.
6. 6.
  Noise. If the parcel proposed for development abuts property used for any of the uses set out in Table 2-1-3-3, Residential, Transient Residential, and Overnight Accommodations Uses; or for institutional residential, library, place of assembly, protective care, safehouse, shelter, school (any type), assisted living / congregate care, hospital, or nursing home purposes, then noise generating equipment shall be sound-buffered by means of baffling, barriers, other suitable means to reduce the sound level measured at the property line to not more than 45 dBA.
7. 7.
  Operations.
  1. a.
    Wireless telecommunication facilities shall remain operable. Facilities that become inoperable or otherwise cease to transmit, receive, or relay voice or data signals for a continuous period of six months or more are prohibited and shall be removed. (See also Section 6-1-3-1, Continuation and Termination.)
  2. b.
    Providers shall:
    i.
    Install and maintain all parts of their systems in a safe condition.
    ii.
    Install and maintain systems in accordance with standard prudent engineering practices.
    iii.
    Conform, when applicable, with the National Electrical Safety Code and all other applicable federal, state, and local laws or regulations.
    iv.
    At all reasonable times, permit examination of the system by any duly authorized representative of the City.

Effective on: 10/22/2025

Sec. 2-2-3-16 Standards for Industrial and Wholesale Uses

Generally. The standards of this Section apply to industrial uses which are enumerated in Table 2-1-3-8, Industrial, Wholesale, and Solid Waste Processing and Recycling Uses, under the subheading "Industrial and Wholesale Uses," in instances where the use is shown as a special use ("S"), a limited use ("L"), or a conditional use ("C") in a particular zone. Note that other standards may also apply. See Section 2-2-1-2, Application of Article.
Brewery / Distillery / Winery. Breweries, distilleries, and wineries are allowed as a special use in the BP zone if in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. Truck Routing Plan. If the use will involve more than two pick ups or deliveries per week by a semi-trailer, a truck routing plan is required (see Appendix C, Mitigation Plans).
2. Odor Management. The use will not create offensive odors which are perceptible from other properties in the BP zone or nearby residential zones.
3. Tasting Rooms. If the use includes a tasting room, then:
  1. The gross floor area used for the public portion of the tasting room shall be accessible only from inside the building.
  2. The tasting room shall be limited to not more than 15 percent of the building's gross floor area.
  3. The hours and days of operation shall be limited to the hours and days of the distillery or brewery operating schedule.
  4. In a tasting room associated with a distillery, only alcoholic beverages that are produced by the brewery, distillery, or winery may be served.
  5. Food may be served.
  6. Five additional parking spaces are required.
Extraction (Coal, Gravel, Sand and Other Minerals). Extraction of coal, gravel, sand, and other minerals may be allowed as a conditional use in the LI, RA, and OS zones if in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. Master Plan for Extraction. All extraction activities shall be in accordance with an adopted Master Plan for Extraction. (See Division 4-4-9, Minerals.)
2. Buffering. Extraction operations shall be:
  1. Buffered from adjacent land uses and public rights-of-way by an 80 percent opacity bufferyard; and
  2. Secured from trespass with a fence or wall located along the interior boundary of the bufferyard. The wall or fence count towards the opacity of the bufferyard.
3. Truck Routing Plan. A truck routing plan is required (see Appendix C, Mitigation Plans).
Extraction, Minor (Oil and Gas). Extraction of oil and gas may be allowed as a limited use in the RL, RM, RH, CG, CR, BP, LI, PB, RA, and OS zones if compliance with the performance standards for oil and gas facilities set out in Division 4-4-10, Oil and Gas is demonstrated.
Extraction, Major (Oil and Gas). Extraction of oil and gas may be allowed as a conditional use in thee RL, RM, RH, CG, CR, BP, LI,RA, OS, PB, and PD zones, if compliance with the performance standards for oil and gas facilities set out in Division 4-4-10, Oil and Gas is demonstrated.
Heavy Industry. Heavy industry uses may be allowed as a limited use in the LI zone and a conditional use in the BP zone if in addition to the other applicable standards of this LUDC, it is demonstrated that the standards of this subsection are met. It is the intent of the City Council to ensure that heavy industries are sited in locations where their impacts on residential neighborhoods and environmental resources (e.g., areas of special flood hazard, areas of geological hazard, and critical wildlife habitat areas) are minimized.
1. Minimum Area of Parcel Proposed for Development. The minimum area of the parcel proposed for development is:
  1. BP Zone. 10 acres
  2. LI Zone. 5 acres
2. Setbacks. Heavy industrial uses shall be set back from all property lines as follows:
  1. BP Zone. 200 ft.
  2. LI Zone. 100 ft.
3. Performance Criteria for Heavy Industries. Heavy industries shall not be of types that dispose of hazardous wastes on-site.
4. Outdoor Storage. Outdoor storage areas shall comply with the standards for storage yards set out in Section 2-2-3-18, Standards for Storage, Transportation, and Logistics Uses.
5. Truck Routing Plan. A truck routing plan may be required (see Appendix C, Mitigation Plans).
Light Industry. Light industry uses may be allowed as a limited use in the CR zone if in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. Location. The light industrial use shall be located such that it does not abut residential uses and zones and:
  1. A building that is used for commercial retail or wholesale use screens the use from arterial street rights-of-way;
  2. The use is located within the same building as a commercial retail or wholesale use and is accessed via a service entrance that is not located on an arterial street; or
  3. The use is located within a commercial retail or wholesale use, occupies less than 30 percent of the gross floor area of that use, and is not of a type that produces noise, dust, or fumes that are materially different than the retail or wholesale use.
2. Access. Access to the use may be from any classification of street, however, there shall be no residential use between the access point and the nearest intersection with an arterial or collector street.
3. Buffering. If the use is not part of a commercial retail or wholesale use according to Subsection G.1.b., above, and one or more of the interior property lines of the parcel proposed for development is a zone boundary, then a zone bufferyard shall be provided along zone boundaries as if the parcel proposed for development were zoned LI.
Wholesale. Wholesale uses may be allowed as a conditional use in the CG zone and a limited use in the CR zone if it is demonstrated that:
1. The use will be colocated with a commercial retail or restaurant business that sells the same type of products (e.g., a retail bakery may also wholesale baked goods to other retailers or to commercial or industrial uses).
2. If the use ships wholesale products by semi-trailer truck more than three times per week, then:
  1. It takes access from an arterial or collector street; and
  2. It is separated from residential uses and zone boundaries by at least 150 feet, measured as the shortest distance between property lines.

Effective on: 7/1/2014

Sec. 2-2-3-17 Standards for Solid Waste Processing and Recycling Uses

Generally. The standards of this Section apply to industrial uses which are enumerated in Table 2-1-3-8, Industrial, Wholesale, and Solid Waste Processing and Recycling Uses, under the subheading "Solid Waste Processing and Recycling Uses," in instances where the use is shown as a special use ("S"), a limited use ("L"), or a conditional use ("C") in a particular zone. Note that other standards may also apply. See Section 2-2-1-2, Application of Article.
Composting Facility. Composting facilities may be allowed as a limited use in the RA and PB zones, if in addition to the other applicable standards of this LUDC, it is provided that:
1. Limitations on Location. Composting facilities are not allowed within:
  1. Areas of special flood hazard;
  2. Areas of geologic hazard; or
  3. Critical wildlife habitat.
2. Minimum Area of Parcel Proposed for Development. The minimum area of the parcel proposed for development is five acres.
3. Minimum Setbacks. All composting operations, including storage of compostable wastes, must be set back 200 feet from all property lines.
4. Spacing.
  1. The use shall be spaced not less than 1,320 feet, measured as the shortest distance from the principal entrance of the use to the nearest property line of the use from which spacing is required, from:
    1. Lots that are developed with dwelling units;
    2. Residential zone boundaries;
    3. Parcel boundaries of schools, public parks, and child care centers; and
    4. Places of assembly.
  2. Composting facilities that are located within 10,000 feet of any airport runway end used by turbojet aircraft or within 5,000 feet of any airport runway end used only by piston-type aircraft shall be designed and operated in a manner that will not result in bird hazards (including bird strike hazards) to aircraft.
5. Truck Routing Plan. A truck routing plan is required (see Appendix C, Mitigation Plans).
6. Operations. Use, storage, or disposal of hazardous materials is not allowed.
7. Buffering. A 50 percent opacity bufferyard that includes a structure or berm is required along all property lines.
Disposal. Disposal facilities may be allowed as a limited use in the PB zone or a conditional use in the LI zone if, in addition to the other applicable standards of this LUDC, compliance with the standards of this Subsection is demonstrated. In addition, no disposal sites shall be developed or operated without a certificate of designation, as required by Title 30, Article 20, Part 1, Solid Wastes Disposal Sites and Facilities, Colorado Revised Statutes or Title 25, Article 15, Part 2, Hazardous Waste Disposal Sites, Colorado Revised Statutes, as applicable.
1. State Review.
  1. Applications for approval of a disposal facility shall be reviewed by the Colorado Department of Public Health and Environment (DPHE) pursuant to Title 30, Article 20, Part 1, Solid Wastes Disposal Sites and Facilities, Colorado Revised Statutes.
  2. The report and recommendation of DPHE are required prior to the processing of the application by the City.
  3. In addition to the application of the standards of this LUDC, no disposal site shall be approved without a recommendation of approval by DPHE.
  4. Technical conditions of approval made by DPHE shall be incorporated into the certificate of designation.
2. General Evaluation Criteria. No certificate of designation shall be issued unless the facility has a recommendation of approval by the DPHE and the City Council finds that:
  1. There is no exclusive site for solid waste disposal (pursuant to Section 30-20-107, Colorado Revised Statutes) with capacity to serve the City's needs;
  2. There is a demonstrated need for the facility to serve the residents and businesses of the City of Durango;
  3. The facility conforms to the Comprehensive Plan, as amended from time to time;
  4. The facility complies with all technical rules promulgated by DPHE;
  5. The financial assurances provided pursuant to Section 30-20-104.5, Colorado Revised Statutes, are adequate to serve their purposes; and
  6. The disposal facility would create a net public benefit to the region and the residents and property owners of the City of Durango, taking into account:
    1. The effect that the solid wastes disposal site and facility will have on the surrounding property, taking into consideration the types of processing to be used, surrounding property uses and values, and wind and climatic conditions;
    2. The convenience and accessibility of the solid wastes disposal site and facility to potential users;
    3. The ability of the applicant to comply with the health standards and operating procedures provided for in Title 30, Article 20, Part 1, Solid Wastes Disposal Sites and Facilities, Colorado Revised Statutes, and such rules and regulations as may be prescribed by the Department; and
    4. Recommendations by health departments that have jurisdiction within five miles of the facility.
3. Hazardous Waste Disposal Evaluation Criteria. No certificate of designation shall be issued unless the City Council finds all of the following:
  1. DPHE has made a recommendation of approval pursuant to Section 25-15-202(4)(c)(III), Colorado Revised Statutes.
  2. The site would not pose a significant threat to the safety of the public, taking into consideration:
    1. The density of population of the areas neighboring the site;
    2. The density of population of the areas adjacent to the delivery roads within a 50 radius of the site; and
    3. The risk of accidents during the transportation of waste to or at the site.
  3. The applicant has demonstrated a need for the facility by Colorado hazardous waste generators.
  4. The applicant has documented its financial ability to operate the proposed site.
  5. The applicant, taking into account its prior performance record, if any, in the treatment, storage, or disposal of hazardous waste, has documented sufficient reliability, expertise, and competency to operate and manage the proposed facility.
  6. The site conforms to the officially adopted land use plans, policies, regulations, and resolutions of the City.
4. Truck Routing Plan. A truck routing plan is required (see Appendix C, Mitigation Plans).
5. Limitations on Location. Disposal facilities are not allowed within:
  1. Areas of special flood hazard;
  2. Areas of geologic hazard; or
  3. Critical wildlife habitat.
6. Minimum Area of Parcel Proposed for Development. The minimum area of the parcel proposed for development is 100 acres.
7. Minimum Setbacks. All disposal operations must be set back at least 200 feet from all property lines.
8. Spacing.
  1. The use shall be spaced not less than 1,320 feet, measured as the shortest distance from the principal entrance of the use to the nearest property line of the use from which spacing is required, from:
    1. Lots that are developed with dwelling units;
    2. Residential zone boundaries;
    3. Parcel boundaries of schools, public parks, and child care centers; and
    4. Places of assembly.
  2. Disposal facilities that are located within 10,000 feet of any airport runway end used by turbojet aircraft or within 5,000 feet of any airport runway end used only by piston-type aircraft shall be designed and operated in a manner that will not result in bird hazards to aircraft.
9. Buffering.
  1. A 100 percent opacity bufferyard is required between the use and abutting street frontages.
  2. An 80 percent opacity bufferyard is required between the use and all other property lines.
Recycling Collection and / or Processing, Attended. Attended recycling collection and / or processing facilities may be allowed as a conditional use in the BP zone, if in addition to the other applicable standards of this LUDC, it is provided that:
1. Required Access. Access to the use shall be provided as follows:
  1. From an arterial or collector street; or
  2. From a local street if there is no residential use between the access point and the nearest intersection with an arterial or collector street.
2. Spacing. Attended recycling collection and / or processing facilities shall be spaced at least 200 feet from residential zone boundaries, measured as the nearest distance from property line to zone boundary line.
3. Limitations on Use.
  1. A processing facility may accept household hazardous wastes for recycling from the generator in accordance with applicable state health and safety regulations.
  2. All drop-off and storage of recyclable materials shall be:
    1. Within enclosed buildings; or
    2. In durable, rust-proof, water-tight containers that are stored under shelters, such that the containers are not visible from the street or abutting properties.
  3. Storage containers for combustible materials shall be approved by the Durango Fire and Rescue Authority.
  4. All containers shall be clearly marked to:
    1. Identify the types of material to be deposited, and, if needed, operating instructions; and
    2. Notify users that no material shall be left outside the recycling enclosure or containers.
  5. Processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding, and sorting recyclable materials. All processing of recyclable materials shall take place within an enclosed building. If the use is located within 500 ft. of a residential use or zone boundary, any power-driven processing equipment shall not operate between 7:00 PM and 7:00 AM.
  6. Facilities shall be secured from scavenging, and shall have a capacity that is sufficient to accommodate materials collected and the collection schedule proposed.
  7. The operation of the facility and the storage and handling of materials shall be practiced so as to prevent the attraction, harborage, or breeding of wildlife or insects, rodents, and other vectors (e.g., flies, maggots, roaches, rats, mice, and similar vermin) and to eliminate conditions which cause or may potentially cause:
    1. Harm to the public health and the environment;
    2. Congregation of birds;
    3. Safety hazards to individuals and surrounding property;
    4. Excessive odor problems;
    5. Unsightliness; and
    6. Other nuisances.
4. Maintenance. The use shall be maintained free of litter and any other undesirable materials, and must be cleaned of loose debris before the close of business each day.
5. Truck Routing Plan. A truck routing plan is required (See Appendix C, Mitigation Plans).
6. Buffering. The use shall be buffered on all sides by a 30 percent opacity bufferyard that includes a structure. (See Division 4-6-3, Buffering Requirements)
Recycling Collection, Unattended. Unattended recycling collection facilities, including reverse vending machines, may be allowed as a conditional use in the RH zone, and as a limited use in the CB, MU-N, MU-A, and CG zones, if in addition to the other applicable standards of this LUDC, it is provided that:
1. Exceptions from Standards of this Subsection. This subsection does not apply to:
  1. Facilities that are intended for use only by occupants of the parcel proposed for development on which the facilities are located (such facilities are subject to the standards of Section 3-5-1-4, Refuse, Recycling, and Compost Containers); and
  2. Reverse vending machines ("RVMs") that are located inside of nonresidential or mixed-use buildings (which are allowed).
2. Location. Facilities shall be located as follows:
  1. Developed Parcels. Unattended recycling collection containers and reverse vending machines that are located outdoors are allowed on nonresidential and mixed-use parcels in the CB, MU-N, MU-A, and CG zones, and within the neighborhood center of a TND in the RH zone, in the following locations:
    1. In loading or service areas;
    2. In dumpster enclosures; and
    3. In parking lots, provided that:
      1. They are installed in a manner that prevents unintended movement;
      2. They do not obstruct required parking spaces or circulation areas;
      3. They are not located closer than 30 feet to a primary building entrance; and
      4. They are located not less than 30 feet from property lines that abut streets or are screened from view from abutting properties by an opaque wall or fence.
  2. Vacant Parcels. On parcels that are not developed for other uses, unattended recycling collection facilities are allowed provided that:
    1. A paved surface is provided for vehicular access to the facilities, with sufficient dimension for drop-off and pick-up.
    2. Circulation is designed to avoid stacking onto arterial, collector, or local residential streets.
    3. All containers are located at least 15 feet from property lines.
  3. CB Zone. In the CB zone, unattended recycling collection facilities are limited to parcels that are located west of the Durango Silverton Narrow Gauge Railroad.
3. Size and Capacity.
  1. RVMs shall be no more than 50 sf. in footprint or more than eight feet high.
  2. The area occupied by RVMs, including the footprint of any protective structure, shall not exceed 250 sf.
  3. Collection containers other than RVMs shall have sufficient capacity to accommodate anticipated loads according to proposed service schedules.
4. Construction. All facilities shall be constructed and maintained with durable waterproof and rustproof material and shall be secured from scavenging.
5. Identification. All facilities shall be clearly marked to identify the types of material to be deposited, operating instructions, the phone number of the operator, and to display a notice stating that no material shall be left outside the recycling enclosure or containers. In addition, an attached sign is allowed that is not more than four square feet in area.
6. Maintenance. The area around the facilities shall be maintained in a clean, litter-free condition on a daily basis.
7. Hours of Operation. Where the facilities are located on a developed parcel, operating hours shall be at least the operating hours of the host use.
8. Lighting. RVMs that are located outdoors shall be illuminated in accordance with Division 4-3-2, Lighting if any of the operating hours are between dusk and dawn.
Salvage Yard. Salvage yards may be allowed as a conditional use in the LI zone, if in addition to the other applicable standards of this LUDC, provided that:
1. Automotive Salvage. Automotive salvage yards shall be:
  1. Surrounded by an 80 percent opacity bufferyard that includes a structure;
  2. Configured so that inoperable vehicles and other junk are not visible from abutting public rights-of-way and from state highways that are located within 1,000 feet of any property line of the use; and
  3. Spaced from other districts as follows:
    1. From residential or mixed-use zones: 2,640 feet; and
    2. From commercial zones: 750 feet.
2. Hazardous Waste or Hazardous Materials. No hazardous wastes or hazardous materials shall be accepted or deposited at any salvage yard, except as incidental to the salvage operation. Salvage operations shall be conducted to remove hazardous wastes and materials and dispose of them according to state and federal requirements.
3. Truck Routing Plan. A truck routing plan is required (See Appendix C, Mitigation Plans).
Waste Transfer Station. Waste transfer stations may be allowed as a limited use in the LI and PB zones, if in addition to the other applicable standards of this LUDC, it is provided that:
1. State Review. The City shall request a technical review of the site and facility documents and operation plan from DPHE pursuant to 6 CCR 1007-2 § 7.1 for all applications for approval of a waste transfer station.
2. Location Requirements.
  1. No waste transfer station or recycling center shall be located within 1,000 feet of the right-of-way of any state highway.
  2. Waste transfer stations shall be located so that truck traffic generated by the station can access an arterial street without need for travel upon a public street within or adjacent to any residential use or zone area or along thoroughfares adjacent to any public park or public recreational area or facility.
3. Setbacks. No building or area in which the unloading, storage, processing, or transfer of wastes or recyclable materials takes place shall be located within:
  1. 50 feet of the lot line on which the waste transfer station is located; or
  2. 200 feet of:
    1. A lot line of a residential use or zone;
    2. Any nonresidential structure located on property that is not owned or leased by the owner of the waste transfer station;
    3. Any area of special flood hazard;
    4. Any wetland;
    5. Any water well;
    6. Any natural or artificial pond (including a detention or retention pond or facility); natural stream, water way, or water course; or
    7. An artificial drainage way or canal.
4. Minimum Area of Parcel Proposed for Development. The minimum area of a parcel proposed for development as a waste transfer station is two acres.
5. Design Requirements.
  1. Generally.
    1. The site shall be designed such that all activities associated with waste transfer, such as tipping, sorting, storage, compaction, transfer, reloading, and related activities are conducted in a fully enclosed building. No outdoor storage of materials or equipment is allowed. Appropriate enclosed office / and plumbed employee restroom facilities must be provided on-site.
    2. Adequate snow storage areas shall be provided within the site of the waste transfer station. Snow storage areas shall be made accessible and available at all times for exclusive use for snow storage from October 1 to April 30 of each year.
  2. Mitigation of Hazards to Aircraft. Waste transfer stations handling putrescible wastes within 10,000 feet of any airport runway end used by turbojet aircraft or within 5,000 feet of any airport runway end used only by piston-type aircraft shall be designed and operated in a manner that will not result in hazards (including bird strike hazards) to aircraft.
  3. On-Site Parking and Roads.
    1. The facility shall be designed with sufficient off-street parking and stacking areas to accommodate all employees, visitors, and trucks. Public streets shall not be utilized at any time for parking, stacking, or storage of employee vehicles, visitor vehicles, or trucks. (See Section 4-5-2-2, Required Off-Street Parking Spaces.)
    2. The facility shall be designed with sufficient drive aisles and parking areas to avoid potential conflicts between facility operations by trucks and passenger vehicles (e.g., for drop-off of household wastes), and the use of emergency access easements and fire lanes.
    3. The road surface design shall be suitable for heavy vehicles and the road base shall be capable of withstanding all expected loads.
    4. On-site roads shall be passable by loaded collection and transfer vehicles in all weather conditions.
    5. The road system shall be designed to eliminate the need for the backing of truck traffic.
  4. Capacity. Adequate storage space for all wastes shall be available at the transfer station in a fully enclosed building. No outside storage of wastes or outside storage of materials used at the facility are allowed. Solid wastes shall not remain at the transfer station for more than 72 hours. Any solid waste that is to be kept overnight at the station shall be stored in an impervious, enclosed structure.
  5. Unloading and Loading Areas.
    1. The unloading area shall be adequate in size and design to facilitate efficient unloading from the collection vehicles and the unobstructed movement of vehicles.
    2. The unloading and loading pavement areas shall be constructed of concrete or asphalt paving material and equipped with adequate drainage structures and systems.
    3. Processing, tipping, sorting, storage, and compaction areas shall be located within an enclosed building.
    4. Provisions shall be made for weighing or measuring all solid wastes transferred to the facility.
    5. Sufficient internal storage areas shall be provided for incoming solid wastes.
  6. Fencing and Aesthetics.
    1. Waste transfer station design shall include a six foot perimeter fence interrupted only by necessary access and maintenance gates. If the facility is visible from an arterial or collector street, then fencing shall be constructed of brick, block, stone, or other materials with similar aesthetic and quality characteristics.
    2. Facility layout, building materials, and building design shall, to the greatest extent practicable, be planned to mitigate the appearance of the facility from off-site locations when viewed through gated openings that will remain open during daylight or business hours.
  7. Waste Liquid Collection and Disposal.
    1. All waste transfer stations shall be designed and constructed to include a collection and disposal system that will prevent liquids contained in waste materials and generated by normal operations, such as wash-out and cleaning of equipment, trucks, and floors (“waste liquids”), from contaminating the soil, surface water, or ground water.
    2. Tipping, loading, and unloading areas shall be constructed of impervious material and equipped with drains connected to either:
      1. A sanitary sewer system if approved by the City Engineer; or
      2. A corrosion-resistant holding tank; or
      3. An alternative system, if the applicant demonstrates that the alternate design will prevent waste liquids from contaminating the soil, surface water, and ground water.
6. Operational Requirements.
  1. Waste Acceptance. Only household wastes, commercial, and industrial wastes and recyclable materials shall be accepted at any waste transfer station. Unless otherwise collected in accordance with a plan approved by the City, no wastes classified as hazardous in accordance with C.R.S. § 25-15-101 et seq. shall be knowingly accepted. No asbestos wastes shall be knowingly accepted at a transfer station facility. The operator shall employ a plan for proper identification, control, and disposal of hazardous and asbestos wastes.
  2. Overnight Truck Parking. Trucks or vehicles shall not be parked or stored overnight at the waste transfer station unless screened from public rights-of-way. Any vehicle maintenance services shall be a secondary and subordinate use of the site and shall be limited to maintenance of vehicles associated with trash collection and transfer at the waste transfer station. Junked or inoperable vehicles shall not be stored at a waste transfer station.
  3. Emergency Access Required. Emergency access easements and fire lanes shall be maintained at all times in an unobstructed and fully accessible condition.
  4. Supervision of Facility. The waste transfer station or recycling center shall have an on-site operator on duty at all times that the facility is open. Such operator shall be licensed and/or certified if licensure or certification is required by state law. Suitable security measures and signage shall be provided to limit unauthorized persons from access to the facility when the station is closed.
  5. Control of Litter, Insects, Odors, and Vectors. The operation of the waste transfer station and the storage and handling of all solid wastes shall be practiced so as to prevent the attraction, harborage, or breeding of wildlife or insects, rodents, and other vectors (e.g., flies, maggots, roaches, rats, mice, and similar vermin), and to eliminate conditions which cause or may potentially cause:
    1. Harm to the public health and the environment;
    2. Congregation of birds;
    3. Safety hazards to individuals and surrounding property; and
    4. Excessive odor problems, unsightliness, and other nuisances.
  6. Facility Maintenance.
    1. Waste transfer stations shall be maintained in a neat and orderly appearance at all times through the control of uncontained waste, trash, and litter. Operators shall cause periodic policing not less than once every day (or more often as needed) of the entire waste transfer station or recycling center site.
    2. Sanitary conditions shall be maintained through the periodic wash-down or other appropriate cleaning method of the transfer station and transfer vehicles. Frequency of cleaning shall be sufficient to prevent odors and other nuisance conditions from developing. All residuals shall be properly disposed of following cleaning operations.
  7. Other Operational Requirements and Prohibitions.
    1. No liquids, other than those used to disinfect, to suppress dust, or to absorb or cover odors from the solid waste, shall be added to the solid waste.
    2. Open burning is prohibited.
    3. Scavenging is prohibited.
7. Operations Plan Requirements. The Operations Plan shall describe all activities to be conducted at the waste transfer station and describe programs and requirements to be imposed to ensure compliance with the provisions of this Section. The Operations Plan shall be maintained and be made readily available for reference and inspection at the waste transfer station or recycling center, and shall be updated and re-approved by the City, as necessary, to reflect changes in operations. The Operations Plan shall, at a minimum, describe:
  1. How the requirements of this Section will be satisfied;
  2. The schedule of operations including the days and hours that the facility will be open;
  3. Personnel required and their training and responsibilities;
  4. A description of measures that will be taken to identify and control undesirable wastes received that could either contaminate other wastes or pose unusual health hazards and risks to employees, such as infectious medical waste and hazardous wastes;
  5. Equipment provided at the facility and its operation;
  6. Site access control method;
  7. A description of potential safety hazards and the safety equipment and protective gear to be available on site, including, but not limited to, showers, eye wash stations, fire extinguishers, hoses, hard hats, safety goggles, respirators, hearing protection devices, and personal hygiene facilities;
  8. Fire fighting procedures, including availability of water for fire fighting;
  9. A contingency plan outlining the corrective or remedial measures that will be taken if unapproved wastes are delivered to the facility and in the event of odors, surface or ground water contamination, spills, equipment breakdown, and other undesirable conditions such as fires, dust, and noise; and
  10. Other information as required by the City that is appropriate to the facility Operations Plan.
8. Truck Routing Plan. A truck routing plan is required (See Appendix C, Mitigation Plans).

Effective on: 7/1/2014

Sec. 2-2-3-18 Standards for Storage, Transportation, and Logistics Uses

A.
Generally. The standards of this Section apply to storage, transportation, and logistics uses which are enumerated in Table 2-1-3-9, Storage, Transportation and Logistics Use / Zone Matrix, in instances where the use is shown as a special use ("S"), a limited use ("L"), or a conditional use ("C") in a particular zone. Note that other standards may also apply. See Section 2-2-1-2, Application of Article.
B.
Airports. Airports may be allowed as a conditional use in the LI, PB, and RA zones, if in addition to the other applicable standards of this LUDC, it is provided that:
1. 1.
  Limitation on Location. New airports are not allowed. Existing airports may be expanded onto abutting property.
2. 2.
  Master Plan and Activity Forecast. The airport shall provide a master plan for its physical expansion and a forecast of aviation activity. The master plan and activity forecast may be approved if it is demonstrated that:
  1. a.
    The proposal is designed to minimize the impact on existing residential uses by:
    i.
    Minimizing the number of existing residences that are brought within the 55 DNL noise zone; and
    ii.
    Ensuring that residential uses do not come within the 65 DNL noise zone unless they are subject to an aviation easement that allows inclusion in this zone; and
  2. b.
    The proposal does not materially interfere with the development of nearby property within the City of Durango, or within joint planning areas designated by intergovernmental agreement with La Plata County, for commercial or industrial uses due to the location of safety zones.
3. 3.
  Compliance with Federal Standards. The airport shall demonstrate compliance with all other federal regulations applicable to airport expansion or reconfiguration.
C.
Airstrips. Airstrips may be allowed as a conditional use in the LI zone, and a limited use in the RA and PB zones, if in addition to the other applicable standards of this LUDC, it is provided that:
1. 1.
  Minimum Area of Parcel Proposed for Development. No airstrip shall be constructed on a parcel that is less than 80 acres in area.
2. 2.
  FAA Determinations. Applications for construction of an airstrip shall include a determination by the Federal Aviation Administration (FAA) of "no objection" or "conditional," pursuant to 14 CFR § 157.7, FAA Determinations. If the determination is "conditional," then the applicant shall demonstrate how the conditions will be met.
3. 3.
  Spacing. Airstrips shall be spaced not less than 1,500 feet, measured as the shortest distance from the edge of the airstrip to the nearest property line of the use from which spacing is required, from:
  1. a.
    Lots that are developed with dwelling units;
  2. b.
    Residential zone boundaries;
  3. c.
    Parcel boundaries of schools, public parks, and child care centers that are located within the City limits; and
  4. d.
    Places of assembly.
D.
Heliports and Helistops. Heliports may be allowed as a conditional use in the PB zone, and helistops are allowed as a special use in the BP, LI, and PB zones, if in addition to the other applicable standards of this LUDC, it is provided that:
1. 1.
  FAA Determinations. Applications for construction of a heliport or helistop shall include a determination by the Federal Aviation Administration (FAA) of "no objection" or "conditional," pursuant to 14 CFR § 157.7, FAA Determinations. If the determination is "conditional," then the applicant shall demonstrate how the conditions will be met.
2. 2.
  Spacing.
  1. a.
    Heliports and helistops shall be spaced, measured as the shortest distance from the boundary of the touchdown and lift-off area to the nearest property line of the use from which spacing is required, as follows:
    i.
    At least 1,000 feet (horizontal distance) from single-family detached, duplex, townhome, multiplex, and manufactured home residential uses, and all types of schools; and
    ii.
    At least 600 feet (horizontal distance) from multifamily uses.
  2. b.
    Alternatively, a heliport may be located at the Durango La Plata County Airport or Animas Air Park.
3. 3.
  Design. Heliports shall be designed according the applicable design standards set out in U.S. Department of Transportation Advisory Circular No. 150/5390-2B, dated September 30, 2004, as may be amended or supplemented from time to time; and shall meet all Federal Aviation Administration (FAA) requirements.
E.
Taxi or Bus Station. Taxi stations and bus stations may be allowed as a limited use in the MU-N and LI zones, if in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. 1.
  MU-N Zone. The use is limited to taxi stations, which are subject to the following standards:
  1. a.
    The use may include overnight storage of up to four vehicles.
  2. b.
    Individual vehicles shall not have a capacity of more than 10 persons.
2. 2.
  LI Zone. Taxi stations and bus stations are allowed if they are located at least 150 feet from residential uses and zones, measured as the shortest distance between respective property lines.
F.
Truck Stop. Truck stops may be allowed as a limited use in the CG, CR, BP, and LI zones if in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. 1.
  Access. Access to the use shall be designed to prevent conflicting traffic movements. Acceleration and deceleration lanes may be required.
2. 2.
  Location and Spacing.
  1. a.
    Within the zones that they are allowed, truck stops are limited to parcels that front on U.S. 160 and its frontage roads, where present, except that no truck stop shall be located along the segment of U.S. 160 between its intersection with Colorado Highway 172 and its intersection with County Road 232.
  2. b.
    Truck stops shall be spaced 600 feet from any residential use or zone, measured as the shortest distance between the property lines of the truck stop and the boundary lines of the residential use or zone.
3. 3.
  Buffering.
  1. a.
    Property lines that are not also rights-of-way lines are landscaped with a 30 percent opacity bufferyard that includes a six foot tall masonry wall; and
  2. b.
    Property lines that are also rights-of-way lines are landscaped with a 10 percent opacity bufferyard.
4. 4.
  Operations. Areas where trucks park overnight shall be located behind the principal building.
G.
Package Delivery, Small. Small package delivery facilities, may be allowed as a limited use in the CB, MU-N, MU-A, CG, and CR zones, if in addition to the other applicable standards of this LUDC, it is provided that:
1. 1.
  Buffering. Loading zones and vehicular circulation/parking areas shall be screened from adjacent properties with a 20 percent opacity bufferyard.
2. 2.
  Limitations on Loading.
  1. a.
    Wherever possible, loading and circulation areas shall be located to the rear of the principal building.
  2. b.
    Truck loading and unloading may not take place on public rights-of-way, except in areas specifically designed and approved by the City Engineer for this activity.
  3. c.
    At no time shall a loading area interfere with the normal flow of vehicular or pedestrian traffic on any street.
  4. d.
    No use may remove public street parking spaces from adjacent rights-of-way in order to provide for permanent loading and/or unloading areas.
3. 3.
  Limitations on Use. Vehicles are limited to 3/4 ton capacity.
H.
Parking Lot. Parking lots may be allowed as a limited use in the RH, CB, MU-N, MU-A, and CG zones, if in addition to the other applicable standards of this LUDC, it is provided that:
1. 1.
  Access. The location of ingress and egress points shall minimize traffic congestion and the effect of headlights on residential property and street operations.
2. 2.
  Structures. A parking lot may have no more than one accessory building, to be used only for sheltering a parking attendant. A parking lot may also be located on the same parcel as a parking structure (which is subject to Subsection I., below).
3. 3.
  Buffering. Parking lots shall be buffered as follows:
  1. a.
    The bufferyard along boundaries of the parking lot that abut a residential use or zone shall include a six-foot tall opaque fence or wall. (See Section 4-6-4-4, Parking Lots.)
  2. b.
    A 20 percent opacity bufferyard is required along street rights-of-way. If a residential use or zone is located across the right-of-way, the bufferyard shall include a solid fence, not to exceed four feet in height, installed parallel to each street property line, along the entire property line except at points of access or where it would create a traffic or fire hazard.
I.
Parking Structures. Parking structures may be allowed as a conditional use in the RH, MU-N, and MU-A zones, and a limited use in the CB zone, if it is demonstrated that:
1. 1.
  Demonstrations. The parking structure will contribute to the development of a pedestrian-friendly urban environment in the district by reducing the impact of required on-site parking (and related access) on individual sites.
2. 2.
  Access. The location of ingress and egress points shall minimize traffic congestion and the effect of headlights on residential uses and zones and street operations.
3. 3.
  Height. Parking structures in the RH, MU-N, and MU-A zone shall not exceed two levels above grade.
4. 4.
  Buffering. Parking structures shall be buffered as follows:
  1. a.
    The structure shall be screened from view from streets by:
    i.
    Intervening buildings;
    ii.
    Attached buildings that contain other uses that are permitted in the zone in which the structure is located;
    iii.
    Permitted land uses other than parking which are incorporated into the parking structure; or
    iv.
    If the structure is located in the RH, MU-N, or MU-A zones, or in the CB zone on a parcel that fronts on U.S. 550, a 20 percent opacity bufferyard; and
  2. b.
    The structure shall be screened from abutting residential uses or zones by a 30 percent opacity bufferyard that includes a structure.
J.
Self-Storage, Outside Access. Self-storage with outside access may be allowed as a conditional use in the in the CG zone and a limited use in the BP zone, if in addition to the other applicable standards of this LUDC, it is demonstrated that:
1. 1.
  Location.
  1. a.
    In the CG zone, the self-storage use shall be located such that:
    i.
    It does not abut residential uses or zones; and
    ii.
    A building that is used for commercial retail or wholesale use screens the use from arterial rights-of-way.
  2. b.
    In the BP zone, the self-storage use shall be located such that it does not abut:
    i.
    Residential uses or zones; or
    ii.
    An arterial street.
2. 2.
  Maximum Parcel Size. Parcels proposed for development with self-storage facilities shall not exceed five acres in area.
3. 3.
  Limitations on Use. The operator/owner of a self-storage facility shall ensure that the following requirements are met, and shall provide notice to tenants or purchasers of the following requirements:
  1. a.
    Climate controlled self-storage facilities are permitted. In no event, however, shall a self-storage facility be refrigerated (climate controlled at a temperature below 55 degrees Fahrenheit for more than one hour per day).
  2. b.
    The self-storage facility shall be secured so that access is limited to tenants (or owners) and fire, police, or emergency service officials.
  3. c.
    No self-storage unit shall be used for the storage of explosives, ammunition, hazardous, or flammable materials.
  4. d.
    No outdoor storage is permitted on the site of the self-storage facility, except that vehicles (including passenger vehicles, light trucks, boats, and recreational vehicles) may be stored if the vehicle storage area is screened from abutting property and rights-of-way by storage building walls and / or a 40 percent opacity bufferyard that includes a structure.
  5. e.
    If the facility abuts a residential use or zone boundary, it shall be closed and secured between the hours of 9:00 PM and 7:00 AM.
  6. f.
    No unit within a self-storage facility shall contain electrical outlets for use by the tenants.
  7. g.
    Self-storage units shall be used solely for the purpose of storage of goods and possessions and shall not be used for conducting or operating a business, hobby, band rehearsal, or any type of activity not related to the storage of personal property of the owner or tenant of the unit. However, a garage sale of goods located within a self-storage unit is allowed upon the termination of the rental contract for that unit.
4. 4.
  Site Layout. The facility must provide convenient, attractive, and protected pedestrian pathways and entries. The pedestrian paths shall be shown on the site plan at the time of application.
5. 5.
  Design. The design standards of Section 3-4-4-8, Self-Storage Facility Design Standards, may apply pursuant to that Section's requirements.
6. 6.
  Buffering. Self-storage facilities shall be surrounded by a 30 percent opacity bufferyard that includes a structure. The rear building walls of perimeter buildings may be counted towards the structure requirement if they do not include doors or windows. Those portions of self-storage facilities that face service areas at the rear of abutting nonresidential uses are not subject to the bufferyard requirement.
7. 7.
  Effect in Urbanizing Area. Any self-storage use with outside access that is located within the City of Durango urbanizing area shall be subject to the requirements of this Subsection.
K.
Self-Storage, Interior Access. Self-storage with interior access is allowed as a special use in the CB, MU-N, and MU-A zones, if in addition to the other applicable standards of this LUDC, it is provided that:
1. 1.
  Location. Self-storage units shall not be located at ground level unless:
  1. a.
    They are accessed from an alley; and
  2. b.
    A different use at ground-level is accessed from the street side of the building.
2. 2.
  Building Design. Buildings that include self-storage facilities on upper floors shall be designed with upper floor fenestration that is typical of office uses.
L.
Storage Yard. Storage yards may be allowed as a conditional use in the BP zone, and a limited use in the LI and PB zones, if in addition to the other applicable standards of this LUDC, it is provided that:
1. 1.
  Location. In the BP and LI zones, storage yards shall not be located on parcels that abut a state highway.
2. 2.
  Fencing. Storage yards shall be enclosed by a 30 percent opacity bufferyard that includes a structure.
3. 3.
  Materials.
  1. a.
    Liquids, gels, and pastes (e.g., paints, sealers, etc.) shall be stored only in enclosed buildings.
  2. b.
    Storage of explosives is not allowed.
  3. c.
    Storage of more than 10 gallons of motor fuel is not allowed.
4. 4.
  Disposal Prohibited. Storage yards shall not be used to dispose of inoperable machines or wastes. Temporary storage of construction wastes generated by the contractor who operates the storage yard is permitted, provided that:
  1. a.
    The materials are not stored for more than 48 hours;
  2. b.
    The materials do not generate dust;
  3. c.
    The materials do not contain hazardous materials such as lead or asbestos; and
  4. d.
    The materials are of types that will not become wind-blown debris.
5. 5.
  Property Maintenance. Storage yards shall be maintained at all times in an orderly manner.
M.
Warehousing and Distribution. Warehousing and distribution may be allowed as a limited use in the CG and CR zones, if in addition to the other applicable standards of this LUDC, it is provided that:
1. 1.
  Location. The commercial warehousing and distribution facility shall not front on a state or federal highway. However, it may be located on a parcel with such frontage if it is screened from view from the highway by the principal building of a commercial retail or wholesale use.
2. 2.
  Access. The commercial warehousing and distribution facility shall be located such that trucks have direct access to a collector or arterial street, or to a local street that is only used for warehousing and distribution purposes.
3. 3.
  Truck Routing Plan. A truck routing plan is required (see Appendix C, Mitigation Plans).

Effective on: 7/1/2014

Sec. 2-2-3-19 Standards for Agricultural Uses

Generally. The standards of this Section apply to agricultural uses which are enumerated in Table 2-1-3-10, Agricultural Use / Zone Matrix, in instances where the use is shown as a special use ("S"), a limited use ("L"), or a conditional use ("C") in a particular zone. Note that other standards may also apply. See Section 2-2-1-2, Application of Article.
Apiaries. Apiaries may be allowed as a limited use in the OS zone, if in addition to the other applicable standards of this LUDC, it is provided that:
1. Hives. All bee colonies shall be kept in hives with removable combs, which shall be kept in sound and usable condition.
2. Setbacks.
  1. All hives shall be located at least five feet from any property line.
  2. Apiaries shall be set back at least 200 feet from the property lines of schools and all types of day care facilities.
3. Fencing of Flyways. In each instance in which any colony is situated within 25 feet of a property line of the tract upon which the apiary is situated, or within 25 feet of an area of the property used for public recreation or assembly (e.g., picnic tables, playground, etc.), as measured from the nearest point on the hive to the property line or recreation / assembly area, the beekeeper shall establish and maintain a flyway barrier at least six feet in height, consisting of a solid wall or fence parallel to the property line or recreation / assembly area and extending 10 feet beyond the colony in each direction, so that all bees are forced to fly at an elevation of at least six feet above ground level over the property lines in the vicinity of the apiary.
4. Water. Each property owner or beekeeper shall ensure that a convenient source of water is available at all times to the bees so that the bees will not congregate at water sources where they may cause human, bird, or domestic pet contact. The water shall be maintained so as not to become stagnant.
5. Maintenance.
  1. Each property owner or beekeeper shall ensure that no bee combs or other materials that might encourage robbing are left upon the grounds of the apiary site. Upon their removal from the hive, all such materials shall promptly be disposed of in a sealed container or placed within a building or other bee-proof enclosure.
  2. Any bee colony not residing in a hive structure intended for beekeeping, or any swarm of bees, or any colony residing in a standard or homemade hive which, by virtue of its condition, has obviously been abandoned by the beekeeper, is unlawful and may be summarily destroyed or removed from the City by the Administrator, or a designee.
6. Queens. In any instance in which a colony exhibits unusually aggressive characteristics by stinging or attempting to sting without due provocation, or exhibits an unusual disposition towards swarming, it shall be the duty of the beekeeper to requeen the colony. Queens shall be selected from stock bred for gentleness and non-swarming characteristics.
7. Colony Densities.
  1. No more than the following number of colonies are allowed on any lot or parcel within the City, based upon the size or configuration of the parcel on which the apiary is situated:
    1. Lot or parcel area 1/4 acre up to but not including 1/2 acre: 4 colonies.
    2. Lot or parcel area 1/2 acre up to but not including one acre: 6 colonies.
    3. Lot or parcel area one acre or more: 8 colonies.
    4. Regardless of lot or parcel size, where all hives are situated at least 200 feet in any direction from all property lines of the lot on which the apiary is situated, there shall be no limit to the number of colonies.
  2. For each two colonies that are allowed on a lot or parcel, there may be maintained upon the same lot or parcel one nucleus colony in a hive structure not exceeding one standard 9 5/8-inch depth, 10-frame hive body with no supers attached, as required from time to time for management of swarms. Each such nucleus colony shall be disposed of or combined with an allowed colony within 30 days after the date it is acquired.
Community Gardens. Community gardens may be allowed as a limited use in the EN (all sub-districts) and RL zones, and are allowed as a special use in the EN-MF, RM, RH, CB, MU-N, MU-A, CG, CR, BP, and LI zones, if in addition to the other applicable standards of this LUDC, it is provided that:
1. Location. Community gardens are allowed in the locations set out in Table 2-2-3-19, Community Garden Locations.

Table 2-2-3-19 Community Garden Locations
Location	Zone
Location	EN	EN-MF	RL	RM	RH	CB	MU-N	MU-A	CG	CR	BP	LI
Public Parks
Common Open Space						-			-	-		-
Private Lots												-
Roof Tops	-	-	-	-	-				-	-	-

Table 2-2-3-19 Community Garden Locations
Location	Zone
Location	EN	EN-MF	RL	RM	RH	CB	MU-N	MU-A	CG	CR	BP	LI
Public Parks
Common Open Space						-			-	-		-
Private Lots												-
Roof Tops	-	-	-	-	-				-	-	-

Table 2-2-3-19 Community Garden Locations
Location	Zone
Location	EN	EN-MF	RL	RM	RH	CB	MU-N	MU-A	CG	CR	BP	LI
Public Parks
Common Open Space						-			-	-		-
Private Lots												-
Roof Tops	-	-	-	-	-				-	-	-

Table 2-2-3-19 Community Garden Locations
Location	Zone
Location	EN	EN-MF	RL	RM	RH	CB	MU-N	MU-A	CG	CR	BP	LI
Public Parks
Common Open Space						-			-	-		-
Private Lots												-
Roof Tops	-	-	-	-	-				-	-	-

1. Setbacks. Garden plots that are located at ground level shall be set back at least 10 feet from all property lines.
2. Provision of Water. The garden must have at least one water tap, plus:
  1. A water tap for each four plots, or
  2. An irrigation system for watering garden plots.
3. Design and Use.
  1. If garden plots are assigned to individuals, the plots shall be bounded in a manner that provides for separation and identification of individual plots.
  2. Composting facilities are allowed, provided that:
    1. They are of a type that minimizes odors and fire risks; and
    2. They are used to compost only organic wastes that are generated by the community garden.
  3. Bear-proof trash collection facilities shall be provided on-site.
  4. Secured storage buildings for gardening equipment are allowed. However, if the garden is counted towards common open space requirements, then individual storage buildings shall not exceed 200 square feet in gross floor area, and the total gross floor area of storage buildings shall not exceed one percent of the land area used for community gardens.
4. Buffering. Generally, buffering is not required. However, in the EN (all sub-disticts) , EN-MF, RL, RM and RH zones, community gardens that are located on private lots and which are situated closer than 30 feet to the side or rear lot line of an abutting residential lot shall be buffered from side or rear property lines with a five-foot tall opaque fence. This requirement may be waived or reduced if the consent of the affected abutting landowner is obtained in writing and recorded in the public records of La Plata County.
5. Maintenance Plan. The applicant shall provide a maintenance plan to the City that includes:
  1. Contact information for a person or entity that is ultimately responsible for the management and maintenance of the garden; and
  2. A description of how necessary operation and maintenance activities will be provided and funded (e.g., irrigation system upkeep, trash removal, maintenance of composting systems, payment of water and insurance bills, maintenance of landscaped areas outside of garden plots, etc.).
Packing, Flowers, Fruits, Nuts, Grains, and Vegetables. Packing of flowers, fruits, nuts, grains, and vegetables is allowed as a special use in the CR zone, if in addition to the other applicable standards of this LUDC, it is provided that:
1. Limitation on Use. The use shall be combined with the on-site retail sales of the items that are packed.
2. Truck Routing Plan. If the use will involve the regular use of semi-trailer trucks, a truck routing plan is required (See Appendix C, Mitigation Plans).
Packing or Processing, Meat. Packing and / or processing of meat may be allowed as a limited use in the CR zone, and as a conditional use in the RA zone, if in addition to the other applicable standards of this LUDC, it is provided that:
1. Waste and Odor Control. The use shall be designed such that odors from waste products and by-products are contained until wastes are removed from the site for further processing (e.g., at a rendering plant) or disposal. This may include storage of waste containers in refrigerated enclosures or the use of air-tight waste containers.
2. Limitation on Use. In the CR zone, the use shall be combined with the on-site retail sales of the items that are packed.
3. Truck Routing Plan. If the use will involve the regular use of semi-trailer trucks, a truck routing plan is required (See Appendix C, Mitigation Plans).
Veterinarian, Large-Animal and Livestock. Veterinarian, large-animal and livestock, is allowed as a special use in the CR zone, if in addition to the other applicable standards of this LUDC, it is provided that:
1. Location. The use shall be located in a free-standing building and shall not abut a residential use or zone.
2. Boarding of Animals. Boarding of animals is not allowed.
Nursery or Greenhouse, Wholesale. Wholesale nurseries and greenhouses may be allowed as a limited use in the LI and RA zones, if in addition to the other applicable standards of this LUDC, it is provided that:
1. Required Access. Access to the use shall be provided as follows:
  1. From an arterial or collector street; or
  2. From a local street if there is no residential use between the access point and the nearest intersection with an arterial or collector street.
2. Setbacks. Greenhouses and nursery storage buildings shall be set back according to the requirements that apply to principal buildings of the applicable zone.
3. Spacing. Active areas of open air nurseries shall be spaced not less than 200 feet from residential zones and uses, measured as the shortest distance from the nearest edge of the part of the nursery that is used to grow plants for sale to the property line of the residential zone or use.
4. Truck Routing Plan. A truck routing plan is required (See Appendix C, Mitigation Plans).

Effective on: 7/1/2014

Sec. 2-2-3-20 Standards for Natural Medicine Uses

A.
Generally. The standards of this Section apply to natural medicine uses which are enumerated in Table 2-1-3-4, Institutional, Education, Protective Care, Natural Medicine, and Health Care Use/Zone Matrix, under the subheading "Institutional Uses," in instances where the use is shown as a special use ("S"), a limited use ("L"), or a conditional use ("C") in a particular zone. Note that other standards may also apply. See Section 2-2-1-2, Application of Article.
B.
Natural Medicine Healing Center. Natural medicine healing center uses may be allowed as a limited use in the CG, LI, and BP zones, in addition to the other applicable standards of this LUDC, provided that:
1. 1.
  Buffering. No natural medicine healing center shall operate out of a building that is within one thousand (1,000) feet, measured in a straight line from a property line to a property line of the respective uses, of a property used for the following:
  1. a.
    A child care center; preschool; elementary, middle, junior or high school; or a residential child care facility (collectively “school”).
2. 2.
  Parking. Parking shall be designed using the following standards:
  1. a.
    Adequate pedestrian walkways are provided from the parking spaces to the building; and
  2. b.
    The applicant must demonstrate adequate shared or off-street parking for the proposed use or complete a special parking study that indicates the parcel proposed for development will provide adequate parking for the use.
3. 3.
  Outdoor Storage and Disposal. All storage for natural medicine healing centers shall be located within a permanent building and may not be located within a trailer, tent, or motor vehicle. Natural medicine healing centers shall provide secure disposal of natural medicine and natural medicine product remnants or by-products. Natural medicine and natural medicine product remnants or by-products shall not be placed within the centers’ exterior refuse container.
4. 4.
  Odor. Natural medicine healing centers shall use an air filtration and ventilation system designed to ensure odors from the natural medicine, natural medicine products, and cultivation are confined to the premises and are not detectable beyond the property boundaries on which the facility is located.
5. 5.
  Operational Requirements. The Applicant shall submit an Operations Plan to the City. Said plan shall describe all activities to be conducted at the natural medicine healing center and describe programs and requirements to be imposed to ensure compliance with the provisions of this Section. The Operations Plan shall be maintained and be made readily available for reference and inspection at the center, and shall be updated and re-approved by the City, as necessary, to reflect changes in operations. The Operations Plan shall, at a minimum, describe:
  1. a.
    A plan for adverse reactions and emergency protocols to be implemented for the Natural Medicine Healing Center for review from the City’s Police Department;
  2. b.
    The schedule of operations including the days and hours that the facility will be open;
  3. c.
    Personnel and Facilitators required and their training and responsibilities;
  4. d.
    Outdoor storage and disposal system to meet the requirements of this section; and
  5. e.
    Equipment provided at the facility and its operation.
C.
Natural Medicine Cultivation Facility / Natural Medicine Testing Facility. Natural medicine cultivation and / or testing facility or natural medicine product manufacturing uses may be allowed as a limited use in the PD, LI, and BP zones, provided that:
1. 1.
  Buffering. No natural medicine cultivation facility or testing facility shall operate out of a building that is within one thousand (1,000) feet, measured in a straight line from a property line to a property line of the respective uses, of a property used for the following:
  1. a.
    A child care center; preschool; elementary, middle, junior or high school; or a residential child care facility (collectively “school”);
2. 2.
  Parking. Parking shall be designed using the following standards:
  1. a.
    Adequate pedestrian walkways are provided from the parking spaces to the building; and
  2. b.
    The applicant must demonstrate adequate shared or off-street parking for the proposed use or complete a special parking study that indicates the parcel proposed for development will provide adequate parking for the use.
3. 3.
  Outdoor Storage and Disposal. All storage for natural medicine cultivation or testing facilities shall be located within a permanent building and may not be located within a trailer, tent, or motor vehicle. Natural medicine cultivation or testing facilities shall provide secure disposal of natural medicine and natural medicine product remnants or by-products. Natural medicine and natural medicine product remnants or by-products shall not be placed within the facilities’ exterior refuse container.
4. 4.
  Odor. Natural medicine cultivation or testing facilities shall use an air filtration and ventilation system designed to ensure odors from the natural medicine, natural medicine products, and cultivation are confined to the premises and are not detectable beyond the property boundaries on which the facility is located.
5. 5.
  Operational Requirements. The Applicant shall submit an Operations Plan to the City. Said plan shall describe all activities to be conducted at the natural medicine cultivation / testing facility and describe programs and requirements to be imposed to ensure compliance with the provisions of this Section. The Operations Plan shall be maintained and be made readily available for reference and inspection at the facility, and shall be updated and re-approved by the City, as necessary, to reflect changes in operations. The Operations Plan shall, at a minimum, describe:
  1. a.
    A plan for adverse reactions and emergency protocols to be implemented for the Natural Medicine Cultivation / Testing Facility for review from the City’s Police Department;
  2. b.
    The schedule of operations including the days and hours that the facility will be open;
  3. c.
    Personnel and Facilitators required and their training and responsibilities;
  4. d.
    Outdoor storage and disposal system to meet the requirements of this section; and
  5. e.
    Equipment provided at the facility and its operation.
6. 6.
  Processing.
  1. a.
    The processing of natural medicine that includes the use of hazardous materials, including, without limitation, and by way of example, flammable and combustible liquids, carbon dioxide, and liquified petroleum gases, such as butane, is prohibited.
  2. b.
    Nonhazardous materials used to process natural medicine shall be stored in a manner so as to mitigate and ensure odors are not detectable beyond the property boundaries on which the processing facility is located or the exterior walls of the processing facility associated with the processing of natural medicine.
  3. c.
    The processing of natural medicine shall meet the requirements of all adopted City codes including life/safety building codes.
  4. d.
    The processing of natural medicine shall meet all of the requirements of all adopted water and sewer regulations promulgated by the City.
  5. e.
    It is unlawful and deemed a nuisance to dispose of, discharge out of or from, or permit to flow from any facility associated with natural medicine, any foul or noxious liquid or substance of any kind whatsoever, including, without limitation, by-products of the natural medicine process, into or upon any adjacent ground or lot, into any street, alley or public place, or into any municipal storm sewer and/or system in the City.

Effective on: 12/4/2024

Sec. 2-3-1-1 Purpose of Article

Effective on: 7/1/2014

Sec. 2-3-1-2 Application of Article

Effective on: 7/1/2014

Sec. 2-3-2-1 Commercial Use of Rooftops

Generally.
1. Commercial use of rooftops is not allowed except according to the standards of this Section.
2. This Section does not apply to the use of rooftops for gardening, producing electricity using photovoltaic panels, or producing hot water using solar thermal panels.
Required Approval. Commercial use of rooftops may be approved only in the CB, MU-N, MU-A, CG, CR, I, and PB zones. Commercial use of rooftops require special, limited, or conditional use approval, depending upon the type of use, the proximity to residential uses, and the zones in which the use is located, as set out in Table 2-3-2-1, Required Approvals for Commercial Use of Rooftops. Certain commercial uses of rooftops are not allowed in some contexts.

Table 2-3-2-1 Required Approvals for Commercial Use of Rooftops¹
Type of Rooftop Use	Context	Zoning District
Type of Rooftop Use	Context	CB	MU-N	MU-A	CG	CR	LI	PB
TABLE NOTES: The symbols in this table are interpreted as provided in Section 2-1-3-1, Interpretation of Use / Zone Matrices. These include public or private catered and special events, such as wedding receptions, business receptions, catered events, or special parties.
Generally (not listed elsewhere in this table)	All rooftop uses that are not listed elsewhere in this table	C	C	C	C	S	S	S
Special events²	Locations other than buildings that: Front on Main Avenue; Are adjacent to a residence; or Abut a residential zone.	S	S	S	S	S	S	L
Special events	Buildings that front on Main Avenue, are adjacent to a residence, or abut a residential zone.	L	L	L	L	L	L	L
Live music	Locations other than buildings that: Front on Main Avenue; Are adjacent to a residence; or Abut a residential zone.	L	L	L	L	L	L	L
Live music	Buildings that front on Main Avenue, are adjacent to a residence, or abut a residential zone.	C	C	C	C	C	C	C

Table 2-3-2-1 Required Approvals for Commercial Use of Rooftops¹
Type of Rooftop Use	Context	Zoning District
Type of Rooftop Use	Context	CB	MU-N	MU-A	CG	CR	LI	PB
TABLE NOTES: The symbols in this table are interpreted as provided in Section 2-1-3-1, Interpretation of Use / Zone Matrices. These include public or private catered and special events, such as wedding receptions, business receptions, catered events, or special parties.
Generally (not listed elsewhere in this table)	All rooftop uses that are not listed elsewhere in this table	C	C	C	C	S	S	S
Special events²	Locations other than buildings that: Front on Main Avenue; Are adjacent to a residence; or Abut a residential zone.	S	S	S	S	S	S	L
Special events	Buildings that front on Main Avenue, are adjacent to a residence, or abut a residential zone.	L	L	L	L	L	L	L
Live music	Locations other than buildings that: Front on Main Avenue; Are adjacent to a residence; or Abut a residential zone.	L	L	L	L	L	L	L
Live music	Buildings that front on Main Avenue, are adjacent to a residence, or abut a residential zone.	C	C	C	C	C	C	C

Table 2-3-2-1 Required Approvals for Commercial Use of Rooftops¹
Type of Rooftop Use	Context	Zoning District
Type of Rooftop Use	Context	CB	MU-N	MU-A	CG	CR	LI	PB
TABLE NOTES: The symbols in this table are interpreted as provided in Section 2-1-3-1, Interpretation of Use / Zone Matrices. These include public or private catered and special events, such as wedding receptions, business receptions, catered events, or special parties.
Generally (not listed elsewhere in this table)	All rooftop uses that are not listed elsewhere in this table	C	C	C	C	S	S	S
Special events²	Locations other than buildings that: Front on Main Avenue; Are adjacent to a residence; or Abut a residential zone.	S	S	S	S	S	S	L
Special events	Buildings that front on Main Avenue, are adjacent to a residence, or abut a residential zone.	L	L	L	L	L	L	L
Live music	Locations other than buildings that: Front on Main Avenue; Are adjacent to a residence; or Abut a residential zone.	L	L	L	L	L	L	L
Live music	Buildings that front on Main Avenue, are adjacent to a residence, or abut a residential zone.	C	C	C	C	C	C	C

Table 2-3-2-1 Required Approvals for Commercial Use of Rooftops¹
Type of Rooftop Use	Context	Zoning District
Type of Rooftop Use	Context	CB	MU-N	MU-A	CG	CR	LI	PB
TABLE NOTES: The symbols in this table are interpreted as provided in Section 2-1-3-1, Interpretation of Use / Zone Matrices. These include public or private catered and special events, such as wedding receptions, business receptions, catered events, or special parties.
Generally (not listed elsewhere in this table)	All rooftop uses that are not listed elsewhere in this table	C	C	C	C	S	S	S
Special events²	Locations other than buildings that: Front on Main Avenue; Are adjacent to a residence; or Abut a residential zone.	S	S	S	S	S	S	L
Special events	Buildings that front on Main Avenue, are adjacent to a residence, or abut a residential zone.	L	L	L	L	L	L	L
Live music	Locations other than buildings that: Front on Main Avenue; Are adjacent to a residence; or Abut a residential zone.	L	L	L	L	L	L	L
Live music	Buildings that front on Main Avenue, are adjacent to a residence, or abut a residential zone.	C	C	C	C	C	C	C

Design Standards.
1. Generally. The design of rooftop areas that are put to commercial use must take all reasonable efforts to minimize the effect of noise, light, and odor on adjacent properties and on the street and downtown area.
2. Lighting.
  1. Rooftop lighting shall comply with Division 4-3-2, Lighting.
  2. Light sources, in addition to being horizontally cutoff and downcast, shall not be visible from a directly adjacent residence or residence separated only by a public street or alley.
3. Screening. Rooftop uses shall be screened from view and secured from abutting buildings, such that:
  1. Patrons of the rooftop cannot look directly into a window of a building on an adjacent lot; and
  2. The commercial use of the rooftop does not produce a risk of unauthorized access to abutting buildings.
4. Amplification. If amplification is used:
  1. Speakers must be directed to minimize interference with the use of adjacent land and buildings.
  2. Noise levels from the use must not exceed 55 dBA at any residential building wall, property line or district boundary from 9:00 PM to 9:00 AM.
  3. Noise levels from the use must not exceed 65 dBA at any residential building wall, property line or district boundary from 9:00 AM to 9:00 PM.
Compliance with Building Codes. Rooftops shall be in compliance with all applicable building codes (including plumbing codes with respect to rooftop vents), prior to use for commercial purposes.

Effective on: 7/1/2014

Sec. 2-3-2-2 Commercial Use of Patios and Outdoor Dining Areas

Use of Sidewalks. Outdoor dining areas are not allowed within public easements or rights-of-way unless a Revocable Permit for use of the Public Right-of-Way is granted by the City for such use.

Furnishings.

1.
Umbrellas may be used to shade tables, provided there is at least seven feet of clearance under the umbrella. Umbrellas that are visible from public rights-of-way may not have signs or logos that advertise any product or business.
2.
Furniture shall not be made of reflective materials.
3.
No cooking utilities, including grills, shall be permitted in the outdoor dining area. Cooking facilities shall be contained within the principal building unless specific written authorization is granted by the Administrator for special events.
4.
All outdoor dining equipment, including tables, chairs and umbrellas must be stored indoors or off-premises when the outdoor dining area is closed for the season.
5.
Appropriate waste receptacles with affixed lids shall be provided.

Clear Pedestrian Passage. Outdoor dining areas that are located next to sidewalks or hard-surfaced trails shall leave not less than five feet of clear sidewalk for pedestrian circulation.

Relationship to Abutting Businesses. Outdoor dining areas and patios shall not interfere with access or visibility to abutting businesses.

Hours of Operation. Commercial use of patios and outdoor dining areas is limited to the hours of:

1.
7:00 AM to 11:00 PM if the principal use is located more than 600 feet from a residential use or zone boundary;
2.
7:00 AM to 10:00 PM if the principal use is located 300 feet to 600 feet from a residential use or zone boundary; and
3.
7:00 AM to 9:00 PM if the principal use is located less than 300 feet of a residential use or zone boundary, or within a residential zone (i.e., within a traditional neighborhood development) where all distances are measured from the nearest property line of the principal use to the nearest zone boundary line.

Live Entertainment. If amplification is used:

1.
Speakers must be directed to minimize interference with the use of adjacent land and buildings;
2.
Noise levels from the use must not exceed 50 dBA at any residential use or zone boundary from 7:00 PM to 7:00 AM; and
3.
Noise levels from the use must not exceed 55 dBA at any residential use or zone boundary from 7:00 AM to 7:00 PM.

Conditions of Approval. The Administrator, or designee, may condition approval of this major accessory use upon:

1.
Limiting its extent;
2.
Establishing a certain approved layout, including a maximum number of tables and chairs;
3.
Restricting hours of operation due to topographic or other conditions which tend to carry noise for greater distances than those in Subsection G, above;
4.
Establishing the range of dates during which the use may operate; and / or
5.
Restricting the piping of music or prohibiting live entertainment.

Effective on: 4/14/2023

Sec. 2-3-2-3 Accessory Dwelling Units

A.
Generally. Accessory dwelling units (ADUs) may be allowed as a major accessory use to single-family dwelling units by limited use review according to the standards of this Section. ADUs are not an accessory to any other use. At the discretion of the administrator, ADUs may be eligible for relief from the standards in Sections 2-3-2-3 (F), (G), (H), and (I) as outlined below through the Alternative Compliance process described in Division 3-1-5 and Article 6-3.
B.
ADU Types. There are two types of ADUs:
1. 1.
  Integrated ADUs. Integrated ADUs are units that are created by dividing space within a principal building, or by adding floor area to an existing building. See Figure A, ADU Types: Integrated ADU (Basement) and Figure 2-3-2-3B, ADU Types: Integrated ADU. Integrated ADUs may be accessed from within the principal building or from outside, according to the standards of this Section.
2. 2.
  Detached ADUs. Detached ADUs are units that are located inside of accessory buildings. See Figure C, ADU Types: Detached ADU. The accessory building that includes a detached ADU may also include a garage. See Figure 2-3-2-3D, ADU Types: Detached ADU (Garage).

Figure 2-3-2-3A ADU Types: Integrated ADU (Basement)
Illustrated below is an integrated ADU that is located in a basement (ADU shown in yellow).

Figure 2-3-2-3B ADU Types: Integrated ADU
Illustrated below is an integrated ADU that is located at ground level, behind the principal residence (ADU shown in yellow).

Figure 2-3-2-3C ADU Types: Detached ADU
Illustrated below is a detached ADU located on the rear 1/2 of the lot (ADU shown in yellow).

Figure 2-3-2-3D ADU Types: Detached ADU (Garage)
Illustrated below is a detached ADU located above an alley-facing garage (ADU shown in yellow).

C.
Where Permitted. Accessory dwelling units are allowed only as provided in Table 2-3-2-3A, Zones and ADU Types. ADUs are not allowed in districts that are not listed in the table.

Table 2-3-2-3 A Zones and ADU Types
Zone	Integrated Unit	Detached Unit
TABLE NOTE: 1. Not allowed if a lot is developed with two single-family detached units pursuant to Section 2-2-3-3, Standards for Residential Land Uses 2. Not all parcels will be able to accommodate an ADU.
EN-1	Allowed¹	Allowed if parcel area is at least 5,000 sf. for properties north of E. College Drive.¹ Allowed on any size parcel for properties south of E. College Drive²
EN-2	Allowed¹	Allowed if parcel area is at least 7,000 sf.¹
EN-3	Allowed	Allowed if parcel area is at least 7,500 sf.
EN-4	Allowed	Not Allowed
EN-5	Allowed	Not Allowed
EN-6	Allowed	Not Allowed
EN-MF	Allowed¹	Allowed¹
RA	Allowed	Allowed
RL	Allowed	Allowed
RM	Allowed¹	Allowed
RH	Allowed¹	Allowed
MU-N	Allowed¹	Allowed¹

Table 2-3-2-3 A Zones and ADU Types
Zone	Integrated Unit	Detached Unit
TABLE NOTE: 1. Not allowed if a lot is developed with two single-family detached units pursuant to Section 2-2-3-3, Standards for Residential Land Uses 2. Not all parcels will be able to accommodate an ADU.
EN-1	Allowed¹	Allowed if parcel area is at least 5,000 sf. for properties north of E. College Drive.¹ Allowed on any size parcel for properties south of E. College Drive²
EN-2	Allowed¹	Allowed if parcel area is at least 7,000 sf.¹
EN-3	Allowed	Allowed if parcel area is at least 7,500 sf.
EN-4	Allowed	Not Allowed
EN-5	Allowed	Not Allowed
EN-6	Allowed	Not Allowed
EN-MF	Allowed¹	Allowed¹
RA	Allowed	Allowed
RL	Allowed	Allowed
RM	Allowed¹	Allowed
RH	Allowed¹	Allowed
MU-N	Allowed¹	Allowed¹

Table 2-3-2-3 A Zones and ADU Types
Zone	Integrated Unit	Detached Unit
TABLE NOTE: 1. Not allowed if a lot is developed with two single-family detached units pursuant to Section 2-2-3-3, Standards for Residential Land Uses 2. Not all parcels will be able to accommodate an ADU.
EN-1	Allowed¹	Allowed if parcel area is at least 5,000 sf. for properties north of E. College Drive.¹ Allowed on any size parcel for properties south of E. College Drive²
EN-2	Allowed¹	Allowed if parcel area is at least 7,000 sf.¹
EN-3	Allowed	Allowed if parcel area is at least 7,500 sf.
EN-4	Allowed	Not Allowed
EN-5	Allowed	Not Allowed
EN-6	Allowed	Not Allowed
EN-MF	Allowed¹	Allowed¹
RA	Allowed	Allowed
RL	Allowed	Allowed
RM	Allowed¹	Allowed
RH	Allowed¹	Allowed
MU-N	Allowed¹	Allowed¹

Table 2-3-2-3 A Zones and ADU Types
Zone	Integrated Unit	Detached Unit
TABLE NOTE: 1. Not allowed if a lot is developed with two single-family detached units pursuant to Section 2-2-3-3, Standards for Residential Land Uses 2. Not all parcels will be able to accommodate an ADU.
EN-1	Allowed¹	Allowed if parcel area is at least 5,000 sf. for properties north of E. College Drive.¹ Allowed on any size parcel for properties south of E. College Drive²
EN-2	Allowed¹	Allowed if parcel area is at least 7,000 sf.¹
EN-3	Allowed	Allowed if parcel area is at least 7,500 sf.
EN-4	Allowed	Not Allowed
EN-5	Allowed	Not Allowed
EN-6	Allowed	Not Allowed
EN-MF	Allowed¹	Allowed¹
RA	Allowed	Allowed
RL	Allowed	Allowed
RM	Allowed¹	Allowed
RH	Allowed¹	Allowed
MU-N	Allowed¹	Allowed¹

D.
Owner Occupancy. Owner occupancy is required as set out in this Subsection.
1. 1.
  Either the principal residence or the accessory dwelling unit must be owner-occupied.
  1. a.
    The property owner shall provide a notarized, recorded affidavit to the Community Development Department attesting to the owner occupancy requirement prior to obtaining City approval for the ADU.
  2. b.
    Following the completion of the ADU, the owner occupancy requirement shall be recertified to the Community Development Department on a biannual basis.
  3. c.
    Only one of the units is allowed to be rented to a non-owner, unless an exception is granted pursuant to the provisions of this Section.
2. 2.
  The Administrator may grant an exception to the owner occupancy requirement for temporary absences of two (2) years or less when the owner is able to submit acceptable proof of absence from the Durango area. The Administrator may grant one extension of up to one additional year. For extreme circumstances, the owner may make a request to the Community Development Commission to allow an exception to the owner-occupancy requirement for up to five (5) years. This exception would allow both units to be rented to non-owners.
3. 3.
  Purchasers of homes with an accessory dwelling unit must register with the Department within 60 days of purchase by submitting a notarized owner-occupancy affidavit.
4. 4.
  If the provisions of this Subsection are not met, the property owner shall cause the accessory dwelling unit to be vacated as a dwelling unit and/or remove the unit and return the property to its single-family dwelling status.
E.
Number of ADUs. No parcel shall contain more than one ADU.
F.
Bulk and Intensity. The bulk and intensity standards for the parcel shall be as required by the underlying zone. Lots developed with ADUs should include a usable outdoor area, typically located behind the principal building. Use of outdoor space by be allocated to occupants of either dwelling at the property owner's discretion, with no requirement that occupants of the ADU have use of such space.
G.
Maximum Floor Area of the ADU. The floor area of an ADU shall not exceed the maximum floor area set out below. The floor area is measured as the enclosed, interior area of the unit and does not include porches, decks, or areas used for other purposes, such as a detached garage or a workshop. Stair wells and landing areas providing access to second story ADUs do not count towards the ADU floor area unless they contain additional usable space (storage, etc.) for an ADU occupant. These areas do count towards overall gross floor area as described in Section 7-2-1-2. See Figure E, Illustrative Measurement of ADU Dimensions.
1. 1.
  Integrated ADUs. The floor area of an integrated ADU shall not exceed 550 square feet, except:
  1. a.
    ADUs that are located entirely in basements are not subject to this requirement.
  2. b.
    ADUs converted entirely from existing living space within a single family home may request an increase to the maximum floor area through the Alternative Compliance process if it is demonstrated that existing framing, foundations, building walls or other structural elements of the home present challenges that are not conducive to meeting the 550 square foot maximum.
2. 2.
  Detached ADUs. The floor area of detached ADUs shall not exceed 550 square feet.

Figure E Illustrative Measurement of ADU Dimensions

H.
Setbacks and Heights of Buildings that Contain Detached ADUs. The minimum setback and maximum height standards that apply to buildings that contain detached ADUs are set out in Table 2-3-2-3B, Minimum Setbacks and Maximum Height of Buildings with Detached ADUs.

Table 2-3-2-3B Minimum Setbacks and Maximum Height of Buildings with Detached ADUs
Zone	Minimum Setbacks				Maximum Height To . . .
Zone	Front	Interior Side	Street Side	Rear	Peak or Ridge	Plate
TABLE NOTE: 1. May be increased to be the same as the principal building if both: (a) the building that contains the ADU is compliant with the setbacks that apply to the principal building, and (b) the property is a corner lot or a through lot.
EN-1 or EN-MF East of the Animas River	Rear 1/2 of the lot	If plate height is 11 ft. 6 in. or less: 3 ft. If plate height is more than 11 ft. 6 in.: same as principal building requirement.	Same as principal building requirement	10 ft. where no alley is present; 3 ft. where an alley abuts the rear lot line, except that if the unit is above a garage, there must be at least 25 ft. of maneuvering space from the opposite alley right-of-way line to the garage door	20 ft.¹	13 ft. 6 in.¹
EN-2, EN-3 or EN-MF West of the Animas River	Rear 1/2 of the lot	If plate height is 11 ft. 6 in. or less: 3 ft. If plate height is more than 11 ft. 6 in.: same as principal building requirement.			20 ft.	13 ft. 6 in.
RA	Same as principal building	If plate height is 11 ft. 6 in. or less: 5 ft. If plate height is more than 11 ft. 6 in.: same as principal building requirement.			20 ft.	13 ft. 6 in.
RL	Rear 1/2 of the lot	5 ft.			18 ft.	11 ft. 6 in.
RM	Rear 1/2 of the lot	5 ft.			20 ft.	13 ft. 6 in.
RH	Rear 1/2 of the lot	5 ft.			20 ft.	13 ft. 6 in.
MU-N	Rear 1/2 of the lot	If plate height is 11 ft. 6 in. or less: 3 ft. If plate height is more than 11 ft. 6 in.: same as principal building requirement.			20 ft.	13 ft. 6 in.

Table 2-3-2-3B Minimum Setbacks and Maximum Height of Buildings with Detached ADUs
Zone	Minimum Setbacks				Maximum Height To . . .
Zone	Front	Interior Side	Street Side	Rear	Peak or Ridge	Plate
TABLE NOTE: 1. May be increased to be the same as the principal building if both: (a) the building that contains the ADU is compliant with the setbacks that apply to the principal building, and (b) the property is a corner lot or a through lot.
EN-1 or EN-MF East of the Animas River	Rear 1/2 of the lot	If plate height is 11 ft. 6 in. or less: 3 ft. If plate height is more than 11 ft. 6 in.: same as principal building requirement.	Same as principal building requirement	10 ft. where no alley is present; 3 ft. where an alley abuts the rear lot line, except that if the unit is above a garage, there must be at least 25 ft. of maneuvering space from the opposite alley right-of-way line to the garage door	20 ft.¹	13 ft. 6 in.¹
EN-2, EN-3 or EN-MF West of the Animas River	Rear 1/2 of the lot	If plate height is 11 ft. 6 in. or less: 3 ft. If plate height is more than 11 ft. 6 in.: same as principal building requirement.			20 ft.	13 ft. 6 in.
RA	Same as principal building	If plate height is 11 ft. 6 in. or less: 5 ft. If plate height is more than 11 ft. 6 in.: same as principal building requirement.			20 ft.	13 ft. 6 in.
RL	Rear 1/2 of the lot	5 ft.			18 ft.	11 ft. 6 in.
RM	Rear 1/2 of the lot	5 ft.			20 ft.	13 ft. 6 in.
RH	Rear 1/2 of the lot	5 ft.			20 ft.	13 ft. 6 in.
MU-N	Rear 1/2 of the lot	If plate height is 11 ft. 6 in. or less: 3 ft. If plate height is more than 11 ft. 6 in.: same as principal building requirement.			20 ft.	13 ft. 6 in.

Table 2-3-2-3B Minimum Setbacks and Maximum Height of Buildings with Detached ADUs
Zone	Minimum Setbacks				Maximum Height To . . .
Zone	Front	Interior Side	Street Side	Rear	Peak or Ridge	Plate
TABLE NOTE: 1. May be increased to be the same as the principal building if both: (a) the building that contains the ADU is compliant with the setbacks that apply to the principal building, and (b) the property is a corner lot or a through lot.
EN-1 or EN-MF East of the Animas River	Rear 1/2 of the lot	If plate height is 11 ft. 6 in. or less: 3 ft. If plate height is more than 11 ft. 6 in.: same as principal building requirement.	Same as principal building requirement	10 ft. where no alley is present; 3 ft. where an alley abuts the rear lot line, except that if the unit is above a garage, there must be at least 25 ft. of maneuvering space from the opposite alley right-of-way line to the garage door	20 ft.¹	13 ft. 6 in.¹
EN-2, EN-3 or EN-MF West of the Animas River	Rear 1/2 of the lot	If plate height is 11 ft. 6 in. or less: 3 ft. If plate height is more than 11 ft. 6 in.: same as principal building requirement.			20 ft.	13 ft. 6 in.
RA	Same as principal building	If plate height is 11 ft. 6 in. or less: 5 ft. If plate height is more than 11 ft. 6 in.: same as principal building requirement.			20 ft.	13 ft. 6 in.
RL	Rear 1/2 of the lot	5 ft.			18 ft.	11 ft. 6 in.
RM	Rear 1/2 of the lot	5 ft.			20 ft.	13 ft. 6 in.
RH	Rear 1/2 of the lot	5 ft.			20 ft.	13 ft. 6 in.
MU-N	Rear 1/2 of the lot	If plate height is 11 ft. 6 in. or less: 3 ft. If plate height is more than 11 ft. 6 in.: same as principal building requirement.			20 ft.	13 ft. 6 in.

Table 2-3-2-3B Minimum Setbacks and Maximum Height of Buildings with Detached ADUs
Zone	Minimum Setbacks				Maximum Height To . . .
Zone	Front	Interior Side	Street Side	Rear	Peak or Ridge	Plate
TABLE NOTE: 1. May be increased to be the same as the principal building if both: (a) the building that contains the ADU is compliant with the setbacks that apply to the principal building, and (b) the property is a corner lot or a through lot.
EN-1 or EN-MF East of the Animas River	Rear 1/2 of the lot	If plate height is 11 ft. 6 in. or less: 3 ft. If plate height is more than 11 ft. 6 in.: same as principal building requirement.	Same as principal building requirement	10 ft. where no alley is present; 3 ft. where an alley abuts the rear lot line, except that if the unit is above a garage, there must be at least 25 ft. of maneuvering space from the opposite alley right-of-way line to the garage door	20 ft.¹	13 ft. 6 in.¹
EN-2, EN-3 or EN-MF West of the Animas River	Rear 1/2 of the lot	If plate height is 11 ft. 6 in. or less: 3 ft. If plate height is more than 11 ft. 6 in.: same as principal building requirement.			20 ft.	13 ft. 6 in.
RA	Same as principal building	If plate height is 11 ft. 6 in. or less: 5 ft. If plate height is more than 11 ft. 6 in.: same as principal building requirement.			20 ft.	13 ft. 6 in.
RL	Rear 1/2 of the lot	5 ft.			18 ft.	11 ft. 6 in.
RM	Rear 1/2 of the lot	5 ft.			20 ft.	13 ft. 6 in.
RH	Rear 1/2 of the lot	5 ft.			20 ft.	13 ft. 6 in.
MU-N	Rear 1/2 of the lot	If plate height is 11 ft. 6 in. or less: 3 ft. If plate height is more than 11 ft. 6 in.: same as principal building requirement.			20 ft.	13 ft. 6 in.

I.
Design Standards. ADUs shall conform to the following design standards:
1. 1.
  Integrated ADUs. Integrated ADUs shall not involve design modifications to the exterior of the principal building that make their presence obvious.
  1. a.
    The single-family appearance and character of the dwelling shall be maintained when viewed from the surrounding neighborhood.
  2. b.
    Where exterior doors provide direct access to the integrated unit, such doors shall be designed, located, and configured in a manner that is typical for secondary access to a single-family building (e.g., side doors, French doors, etc.).
  3. c.
    External stairs are not allowed to provide access to a second-story ADU.
  4. d.
    If a building is expanded to accommodate an attached or integrated ADU, the expansion shall be designed in a manner that is comparable to the principal building, including but not limited to:
    i.
    Siding, roofing, windows and building trim materials shall visually match those used on the principal dwelling; and
    ii.
    The roof pitch shall be similar to the predominant roof pitch on the principal dwelling
  5. e.
    For new construction, an attached or integrated ADU must have a minimum of twenty-five (25) percent of the combined length of the first floor exterior walls shared with the principal structure. The shared walls shall not be the walls of a breezeway.
2. 2.
  Detached ADUs. Detached ADUs shall be designed and configured in the following manner:
  1. a.
    Detached ADUs located in the EN zones shall comply with the accessory structure standards as described in Division 3-1-3, Design Standards Applicable within Multiple EN Zones.
  2. b.
    Where an alley access exists, ADUs shall take vehicular access from the alley.
  3. c.
    The use of dormers shall be limited as follows:
    i.
    A dormer ridge or roof line shall not extend above the primary roof ridge.
    ii.
    The width of a dormer face shall not exceed the lesser of 16 feet or 50 percent of the length of the wall plane upon which the dormer is located.
    iii.
    More than one dormer is allowed on a wall plane, provided that the total combined width of dormer faces does not exceed 50 percent of the wall plane length.
    iv.
    The space between dormers shall not be less than the greater of one-half the width of the adjoining dormer, or one-half the average of the two dormers if they are different sizes.
    v.
    A dormer shall be set back a minimum of three feet from the nearest building wall plane that runs perpendicular to the dormer face.
  4. d.
    Second floor windows of detached units or garage units should face streets and alleys. Windows that face or overlook interior lot lines shall:
    i.
    Use a sill height equivalent to the maximum allowed for an egress window as described by the City's adopted building codes, and;
    ii.
    Use obscure or similar glass types that let in sunlight while preserving privacy.
  5. e.
    Generally, access to second floor units shall be from internal stairs. External stairs may be allowed in certain circumstances as long as the following standards are met:
    i.
    External stairs parallel streets or alleys and shall not be located parallel to interior side property lines; and/or
    ii.
    The Administrator determines that other features are in place to protect the privacy of the adjacent lot’s rear yard.
  6. f.
    Exterior second floor decks or balconies may not be located so they face or overlook the interior side property lines. Decks or balconies shall face streets or alleys, and screen walls may be required to protect the privacy of adjacent properties. Rooftop decks or terraces are prohibited.
  7. g.
    Design.
    i.
    Siding, roofing, windows and building trim materials shall visually match those used on the principal dwelling; and
    ii.
    The roof pitch shall be similar to the predominant roof pitch on the principal dwelling.
J.
Parking for ADUs.
1. 1.
  In addition to the parking requirements for the principal building set out in Section 4-5-2-2, Required Off-Street Parking Spaces, one off-street parking space shall be provided for the ADU.
  1. a.
    Existing off-street, required parking must be retained but may be reconfigured.
  2. b.
    If no parking exists on the parcel, a total of two off-street parking spaces must be provided, one for the ADU and one for the principal dwelling unit.
  3. c.
    If it can be demonstrated the lot containing the ADU is within 300 feet of a local street, that is not an emergency snow route, which allows on-street parking and the width of the street pavement can accommodate two drive lanes and on-street parking, then the total required parking spaces may be reduced by one, subject to verification of the above requirements by the Community Development Department.
2. 2.
  Use of tandem parking to meet the parking requirements is allowed; however, the total number of tandem spaces used to meet parking requirements for the property shall not exceed one.
3. 3.
  Parking spaces must be enclosed in a garage or hard surfaced with asphalt, concrete, or other material approved by the City Engineer.
K.
Additional Requirements for EN-4, EN-5 and EN-6 Zone Districts.
1. 1.
  Access to ADUs. A continuous paved access corridor shall be provided from the front of any lot containing an ADU to the ADU entrance. The route must be suitable for emergency responders to use, and shall have an unobstructed vertical clearance of ten feet and an unobstructed horizontal clearance of seven feet, including five feet clear of roof eaves or other projections. The access shall be kept accessible during all conditions, including being accessible when snow is on the ground.
L.
Relationship to Other Standards.
1. 1.
  Buildings that contain ADUs are counted toward the building coverage and floor area limitations for the lot upon which they are located as set out in Division 3-1-2, Bulk and Intensity in EN and EN-MF Zones and Division 3-2-2, Housing Palettes.
2. 2.
  ADUs that are located within the same building as a detached garage are eligible for the 450 square foot floor area ratio bonus for detached garages that is allowed by Section 3-1-4-3, Detached Garage Bonus.
3. 3.
  Construction of ADUs may trigger public improvements, including but not limited to sidewalk improvements, curb ramps, street trees, driveway improvements and driveway apron upgrades, and water meter upgrades, as determined by the City Engineer on a case-by-case basis.
4. 4.
  Enforcement. Properties that have been approved for an ADU shall remain in compliance with the standards of this section, as described by the approval document provided by the Administrator. Violations of the standards listed above or of any stated approval conditions shall result in enforcement action as described by Article 6-4, Enforcement and Remedies, and may result in the revocation of the ADU approval.

Effective on: 6/19/2024

Sec. 2-3-2-4 Business Use of the Home

Physical Features and Building Character. The following are not allowed:
1. The posting or installation of signs to advertise the business.
2. Modifications to the principal building that alter its residential character.
3. Construction of accessory buildings or structures that alter the residential character of the lot.
4. New, separate entrances to the building that provide access only to the area used for the business.
5. Outdoor storage.
6. Outdoor displays.
Limitations on Business Operations. The following are not allowed:
1. Solicitation, advertising, or promotion of the business in a manner that generates commercial traffic, either vehicular or pedestrian, that is inconsistent with the residential character of the neighborhood.
2. Parking demands that are inconsistent with the residential use of the neighborhood.
3. Use of areas outside of the principal or accessory buildings for business purposes, except parking.
4. Business use of a garage in a manner that reduces available parking on the lot to less than that required by this LUDC.
5. Pick-up or delivery of products or machinery by commercial vehicles or heavy trucks other than parcel pick-up and delivery services.
6. Production of noise, vibration, light, dust, odor, fumes, smoke, or other comparable effects that are detectable outside the dwelling unit.
7. Storage of hazardous, combustible, or volatile materials in amounts that are greater than typically stored for home use.
8. Storage of motor fuels in amounts that are greater than typically stored for home use. Storage of more than five gallons of gasoline or diesel fuel on site, or storage of more than 15 gallons of biodiesel on site, shall be presumed to be in violation of this requirement if related to a home-based business.
9. No vehicles associated with the business, other than a personal vehicle (car, pickup or van) shall be stored at the home location.
10. No vehicles associated with the business may be parked on residential streets.
11. Professional services, instruction, or counseling to more than one person at one time unless it meets Subsection B.4., Small Groups.
Employees.
1. A business use of the home may employ any resident of the dwelling unit, plus one additional employee who does not reside in the dwelling unit.
2. Employees who work off-site shall not regularly gather at the dwelling unit for transportation to off-site locations.
Small Groups.
1. Professional services, instruction, or counseling to small groups of up to four persons may be allowed if the following are met:
  1. The total number of small groups' gatherings shall not exceed two times per week.
  2. The small groups shall not be scheduled on the same day of the week.
Building and Fire Code Compliance. The principal building within which the home business is located shall comply with all applicable building and fire codes, as amended from time to time.

Effective on: 7/1/2014

2-3-2-5 Short-Term Room Rental

Owner Occupancy. Owner occupancy is required as set out in this Subsection.

1.
A notarized affidavit signed by a current property owner must be submitted to the Department on or before March 1st of every odd-numbered year attesting to owner occupancy. These affidavits and a record of compliance with this requirement will be kept on file by the Department.
2.
If the provisions of this Subsection are not met, the property owner shall cause the Short-Term Room Rental use to be terminated and then shall return the property to its single-family dwelling status.

Homeowner on Premise. The homeowner must be present on-site during the rental period.

Occupancy. The total occupancy allowed is set out in this subsection.

1.
Rental is limited to a maximum of one bedroom per single family structure.
2.
The total number of residents and guests on the property shall not exceed the number allowed for a household, which is 5 people.
3.
The Administrator shall specify on the permit the maximum number of occupants allowed in each individual Short-Term Room Rental.

Parking for Short-Term Room Rental.

1.
Only one vehicle is allowed to be brought by the Short-Term Rental Room tenants.
2.
In addition to the parking requirements for the principal building set out in Section 4-5-2-2, Required Off-Street Parking Spaces, one off-street parking space shall be provided for the Short-Term Room Rental.
1. a.
  Existing on-site, required parking must be retained but may be reconfigured.
2. b.
  If no parking exists on the parcel, a total of two parking spaces must be provided, one for the Short-Term Room Rental and one for the principal dwelling unit.
3.
Use of tandem parking, as defined in Article 7-3 of the LUDC, to meet the parking requirements is allowed; however, the total number of tandem spaces used to meet parking requirements for the property shall not exceed one.
4.
Parking spaces must be enclosed in a garage or hard surfaced with asphalt, concrete, or other material approved by the City Engineer.

Design Standards. Short-Term Room Rental shall conform to the following design standards:

1.
The Short-Term Room Rental must be integrated into the single family structure. The Short-Term Room Rental shall not involve design modifications to the exterior of the principal building that make their presence obvious. Where exterior doors provide direct access to the integrated unit, such doors shall be designed, located, and configured in a manner that is typical for secondary access to a single-family building (e.g., side doors, French doors, etc.).
2.
External stairs are not allowed to provide access to a second-story Short-Term Room Rental.
3.
If a building is expanded to accommodate a Short-Term Room Rental, the expansion shall be designed in a manner that is comparable to the principal building.

Number of Short-Term Room Rentals. No parcel shall contain more than one Short-Term Room Rental.

Required Notices.

1.
A copy of the Short-Term Room Rental permit shall be posted in a conspicuous location inside the rental unit.
2.
The Short-Term Room Rentals permit number is required to be clearly displayed on all advertisements and listings of the unit including online advertisements.

Relationship to Other Ordinances.

1.
Each Short-Term Room Rental is subject to a lodger's tax license, a sales tax license, and a current business license, and all stipulations of this subsection regarding location.
2.
Short-Term Room Rental must meet the standards of the City's adopted residential building codes, as amended form time to time.
3.
Short-Term Room Rental are subject to the same safety and health inspections that apply to other licensed places of accommodation.

Effective on: 12/4/2024

2-3-2-6 Commercial Use of Parking Lots

Generally.
1. Commercial use of required onsite parking is not allowed except according to the standards of this Section.
Required Approval. Commercial use of required onsite parking may be approved only in the CB, MU-N, MU-A, CG, CR, LI, and PB zones. A maximum of thirty-three (33) percent of required onsite parking may be converted into a commercial patio as a special use and up to forty-five (45) percent of required onsite parking may be converted into a commercial patio as a limited use. Commercial use of patios and outdoor dining areas is limited to the service of food and beverages. Certain commercial uses of onsite parking are not allowed in some contexts.
1. Rounding. When the calculation of the number of onsite parking spaces allowed for conversion results in a fractional parking space, any fraction will be rounded up to the nearest whole number.
Design Standards
1. Americans with Disabilities Act (ADA).
  1. Required ADA parking space(s) cannot be removed. The commercial patio shall meet all ADA requirements.
  2. Accessible routes to and from accessible parking spaces shall be provided as required by the 2010 ADA Standards for Accessible Design, Section 502.
2. Drive Aisle. The patio shall not intrude into a drive aisle.
3. Detectable Barrier. A detectable barrier that is at least 36 inches in height shall enclose the patio or outdoor dining area. Access openings through the barrier shall be at least 44 inches wide. The barrier shall be made of traditional materials, metal and wood preferred.
4. Bicycle Parking. Two (2) bicycle parking spaces must be added per one (1) onsite parking space converted to a commercial patio.
5. Furnishings.
  1. Umbrellas and shade canopies may be used to shade tables, provided there are at least seven feet of clearance under the umbrella or shade canopy. Umbrellas and shade canopies that are visible from public rights-of-way may not have signs or logos that advertise any product or business. Umbrellas and shade canopies shall not encroach into the drive aisle.
  2. Furniture shall not be made of reflective materials.
  3. No cooking utilities, including grills, shall be permitted in the outdoor dining area. Cooking facilities shall be contained within the principal building unless specific written authorization is granted by the Administrator for pecial events.
  4. All outdoor dining equipment, including tables, chairs, and umbrellas must be stored indoors or off-premises when the outdoor dining area is closed for the season.
6. Waste receptacles. Appropriate bear-proof and wildlife-resistant waste receptacles shall be provided by the applicant and maintained in accordance with applicable City standards.
7. Landscape Surface Ratio. Not less than 15% of the gross floor area of the patio shall be landscaped.
8. Clear Pedestrian Passage.
  1. Pedestrian access between the patio and the building shall not cross drive-aisles or functioning parking spaces.
  2. Outdoor dining areas that are located next to sidewalks or hard-surfaced trails shall leave not less than six (6) feet of clear sidewalk for pedestrian circulation.
9. Relationship to Abutting Businesses. Outdoor dining areas and patios shall not interfere with access or visibility to abutting businesses.
10. Hours of Operation. Commercial use of patios and outdoor dining areas is limited to the hours of:
  1. 7:00 AM to 11:00 PM if the principal use is located more than 600 feet from a residential use or zone boundary; and
  2. 7:00 AM to 10:00 PM if the principal use is located 300 feet to 600 feet from a residential use or zone boundary; and
  3. 7:00 AM to 9:00 PM if the principal use is located less than 300 feet of a residential use or zone boundary, or within a residential zone (i.e., within a traditional neighborhood development) where all distances are measured from the nearest property line of the principal use to the nearest zone boundary line.
11. Lighting.
  1. Exterior lighting shall comply with Division 4-3-2, Lighting.
  2. Light sources, in addition to being horizontally cutoff and downcast, shall not be visible from a directly adjacent residence or residence separated only by a public street or alley.
12. Design Guidelines. Patio shall meet all applicable City of Durango Design Guidelines.
Conditions of Approval. The Administrator, or designee, may condition approval of this major accessory use upon:
1. Limiting its extent;
2. Establishing a certain approved layout, including a maximum number of tables and chairs;
  and/or;
3. Establishing the range of dates during which the use may operate;

Effective on: 3/1/2022

Sec. 2-3-3-1 Classification of Temporary Uses

Generally. Temporary uses are classified according to the standards of this Section. This Section does not apply to:

Use of Public Parks or Rights-of-Way. The use of public parks and rights-of-way is subject to the City of Durango Municipal Code and not this Division.
Pre-Approved Temporary Uses. Pre-approved temporary uses are subject to the standards set out in the site plan or use permit approval and not the standards of this Division. Pre-approved temporary uses are recurring temporary uses that are approved as accessory uses of a development during the site plan or use permit approval process. For example, during approval of a mixed-use development, a central plaza could be approved for events programming, such as weekend farmers' markets. Parking, circulation, and operational issues are considered during the approval process.

Class A Temporary Special Events. "Class A Temporary Special Events" are:
1. Temporary special events with an expected peak attendance of 200 people or more, which include any of the following:
  1. Motorized amusement rides;
  2. Mega-inflatables that are 16 feet or more in height;
  3. Outdoor music, speeches, or performances with amplification that will produce more than 50 dBA of noise level at the property line; or
  4. More than five livestock animals.
2. Events that would otherwise be "Class B Temporary Special Events," but have:
  1. An expected peak attendance of more than 500 people; or
  2. Outdoor music, speeches, or performances with amplification after 8:00 PM.
3. Events that require the closing of streets or traffic controls, such as motion picture filming.
Class B Temporary Special Events. "Class B Temporary Special Events" are:
1. Temporary special events with an expected peak attendance of 100 to 500 people, which do not include motorized equipment, amplified sounds with material off-site impacts, or more than five livestock animals. Illustrative Class B temporary special events include:
  1. Farmers' market;
  2. Outdoor bazaar / auction / flea market;
  3. Craft fair or art fair;
  4. Health fair;
  5. Outdoor cultural festival or religious assembly;
  6. Outdoor theater festival; or
  7. Renaissance fair.
2. Staging and parking areas on private property for events within the public right-of-way, such as parades, bicycle races, and charity walks or runs.
Class C Temporary Special Events. "Class C Temporary Special Events" are temporary events of a community service nature, which typically involve a mobile facility and do not involve organized presentations or large numbers of attendees at one time. Examples include bloodmobiles, mobile pickup units for nonprofit organizations (e.g., disaster relief donations, thrift store donations, etc.), and mobile recycling facilities.

Class A Temporary Commercial Sales Uses. "Class A Temporary Commercial Sales Uses" are:
1. Outdoor sales of merchandise by businesses that are located in another permanent location in the City of Durango; and
2. Outdoor sales of merchandise by itinerant vendors.
Class B Temporary Commercial Sales Uses. "Class B Temporary Commercial Sales Uses" are:
1. Temporary outdoor sales of merchandise by vendors who own or lease space on the site of the sale (such temporary uses may also be pre-approved (see Subsection A.2., above));
2. Outdoor sales of seasonal holiday-related merchandise; and
3. Temporary / seasonal tours, (bus, trolley, van, or walking) and river guide watercraft rental.
Class C Temporary Commercial Sales Uses. "Class C Temporary Commercial Sales Uses" are temporary food and beverage vendors, except those that are included in Temporary Special Event programming (see Subsection B., above).

Class A Temporary Building / Construction Uses. "Class A Temporary Building / Construction Uses" are temporary heavy construction uses, such as batch plants for lime, concrete, asphalt, or other materials, or areas for the bulk storage of construction materials.
Class B Temporary Building / Construction Uses. "Class B Temporary Building / Construction Uses" are temporary buildings that are used on construction sites as contractor offices, sales offices, security buildings, sanitary facilities, storage buildings, storage containers that are larger than 8 feet x 8 feet x 20 feet, or dumpsters with a capacity of more than 30 cubic yards. Class B temporary building and construction uses also include manufactured buildings that are used to temporarily expand the capacity of an existing use, including portable classrooms on school campuses, either in advance of and during permanent construction or to accommodate a temporary increase in capacity.

Storage containers may not be larger than 8 feet x 8 feet x 20 feet in dimension; and
Dumpsters may not have a capacity that is larger than 30 cubic yards.

Effective on: 7/1/2014

Sec. 2-3-3-2 Temporary Special Events

Table 2-3-3-2 Standards for Temporary Special Events
Performance Standard	Class of Temporary Special Event Use
Performance Standard	Class A	Class B	Class C
Location and General Site Requirements
Locations where event is allowed	Sites with nonresidential principal uses	Sites with nonresidential or mixed-use principal uses	Sites with nonresidential, mixed-use, or multifamily principal uses
General site requirements	The event shall be located on a site that is large enough to accommodate the expected attendance in a manner that is safe for the site, neighborhood, street, or other infrastructure.		NA
Frequency and Duration of Event
Frequency and duration of event	No site shall host a Class A temporary event more than four times per year. No Class A temporary event shall have a duration that is longer than 10 consecutive days.	No site shall host a Class B temporary event more than 26 times per year. No Class A temporary event shall have a duration that is longer than three days; however, one event per year may span a period of not more than 12 consecutive days, provided that it is counted as four events for the purposes of this standard.	No site shall host a Class C temporary event more than 75 days per year. A class C temporary use shall not have a duration that is more than five consecutive days.
Buildings and Structures
Temporary buildings and structures	Temporary buildings shall comply with the height restrictions of the underlying zone. Temporary structures (e.g., carnival rides and mega-inflatables) that are taller than the height allowed by the underlying zone are allowed, provided that they are set back from all property lines a distance of one foot for every foot in height.	All temporary buildings and structures shall comply with the height limitations of the underlying zone.
Spacing and setbacks	The area used for the temporary event shall be set back the greater of: 20 feet or the width of required buffers from all property lines; or 30 feet from the back of the curb (or, if no curb is present, the edge of pavement).		The area used for the temporary event shall be set back 10 feet or the width of the required buffers from all property lines.
Access, Circulation, and Parking
Required access	Arterial or collector street.	Arterial or collector street; or within 300 feet of an arterial or collector street.	Any type of street.
Traffic control	The street from which access is taken must have adequate capacity to serve the event, including acceleration and deceleration lanes or personnel to manage ingress and egress to the site (according to the scale of the proposed event).
Circulation	Safe on-site vehicular and pedestrian circulation shall be provided, including: (1) minimizing vehicular-pedestrian conflicts; (2) providing appropriate directional signage and / or parking attendants; (3) ensuring efficient access by emergency vehicles; and (4) maintaining full access to permanent uses on-site if they are operating during the temporary event, or emergency access to permanent uses on site if they are not operating during the temporary event.
Motor vehicle parking spaces	The number of parking spaces available for the temporary use shall be sufficient to meet the peak demands of the use, based on 2.5 persons per vehicle. If a permanent use of the property will be in operation during the time that the temporary use is present, then parking for the permanent use shall be provided in compliance with Division 4-5-2, Parking and Loading Calculations, unless the Administrator finds a reduction is justified based on different hours of peak use.	The number of parking spaces available for the temporary use shall be sufficient to meet the peak demands of the use, based on 2.25 persons per vehicle. If a permanent use of the property will be in operation during the time that the temporary use is present, then parking for the permanent use shall be provided in compliance with Division 4-5-2, Parking and Loading Calculations, unless the Administrator finds a reduction is justified based on different hours of peak use or based on likely shared use (i.e., a parking space taken up by a person who visits both the temporary event and the permanent use).	If a permanent use of the property will be in operation during the time that the temporary use is present, then parking for the permanent use shall be provided in compliance with Division 4-5-2, Parking and Loading Calculations, and such spaces shall not be blocked by event facilities. The Administrator may find that a reduction of required parking is justified during the period of a Class C temporary event, based on different hours of peak use or based on likely shared use (i.e., a parking space taken up by a person who visits both the temporary event and the permanent use).
Motor vehicle parking design and location	Parking shall be provided on-site or within 800 feet of the boundaries of the site, except that parking is not allowed at the property of an existing single-family or duplex residential use. Parking shall be in striped, hard-surfaced spaces, either in a parking lot or on-street.	Parking shall be provided on-site or within 800 feet of the boundaries of the site, except that parking is not allowed in or within 100 feet of an existing single-family or duplex residential use. Generally, parking shall be in striped, hard-surfaced spaces, either in a parking lot or on-street. However, parking in grass / unpaved parking areas are allowed only if: (1) The applicant has a legal right to use the land proposed for the parking area; (2) The surface is reasonably level and compact; (3) The parking area is located at least 100 feet from abutting residential uses and property lines and 20 feet from public rights-of-way; (4) Access to the parking area is not taken directly from arterial streets; (5) Such parking is used for not more than two weeks per year, and not more than four consecutive days at a time; and (6) The applicant provides a guarantee that the parking area will be restored to its pre-event condition after the event.	Parking in addition to that provided for the principal permanent use of the property is not required.
Bicycle parking spaces	One bicycle parking space shall be provided on-site for each 10 vehicular parking spaces that are required for the event. Bicycle parking spaces located in existing bicycle racks in public right-of-way adjacent to the property may also be utilized. If a permanent use of the property will be in operation during the time that the temporary use is present, then bicycle parking for the permanent use shall also be provided in compliance with Section 4-5-2-8, Bicycle Parking Calculations.		Parking in addition to that provided for the principal permanent use of the property is not required.
Bicycle parking space location	Bicycle parking shall be provided within 150 feet of an entrance to the temporary event.		NA
Truck parking spaces	Truck parking areas shall be provided as necessary to service the event and provide for storage of trucks and trailers that will remain on-site.
Truck parking space design and location	Truck parking spaces shall be hard-surfaced and off-street. Truck parking areas shall be located at least 200 feet from lot lines of single-family and duplex uses and at least 150 feet from all other residential uses. Trucks shall be routed away from local residential streets.		Truck parking spaces shall not displace required passenger vehicle parking spaces. Truck parking spaces shall not be located on the property of an existing single-family and duplex residential use.
Lighting and Signage
Lighting	All lighting shall be designed to ensure safe operation of the temporary use and safe traffic movements on nearby streets. All lighting, except decorative lighting, shall be shielded from abutting streets and residential buildings that are located within 300 feet. In addition, if the event is located within 500 feet of residential uses, then lighting shall be turned off by 10:00 PM on Sunday – Thursday and 11:00 PM on Friday and Saturday. These requirements supersede the requirements of Division 4-3-2, Lighting.	Lighting shall be designed in accordance with the requirements of Division 4-3-2, Lighting.	No lighting shall be installed other than the lighting that is in place for the permanent use.
Signage	Signage shall comply with the requirements of Article 3-6, Signs.
Operations
Noise controls	Noise shall be controlled so that: (1) The noise level at the nearest residential property line does not exceed 50 dBA after 10:00 PM; (2) The noise level at the property line of the temporary use does not exceed 75 dBA for more than two hours per day; and (3) The noise level at the property line of the temporary use does not exceed 85 dBA at any time. Generators, if used, shall be secured and set back at least 25 feet from all property lines.	Noise shall be controlled so that: (1) The noise level at the nearest residential property line does not exceed 50 dBA after 10:00 PM; and (2) The noise level at the property line of the temporary use does not exceed 65 dBA at any time. Generators, if used, shall be secured and set back at least 25 feet from all property lines.
Sanitation	Restrooms shall be provided at a rate of one toilet and one urinal per 50 expected attendees (including event staff); trash containers and recycling bins shall be placed in convenient areas including principal places of assembly, near food and beverage vendors, near restrooms, and at entry and exit points. A recycling bin shall be placed next to each trash container. All litter generated by the event shall be removed at no expense to the City. Litter cleanup shall extend into adjoining public rights-of-way.		The applicant shall demonstrate that the use does not require additional facilities (e.g., a mobile recycling drop-off) or that facilities of the permanent use of the property will be available to those who attend the temporary event.
Security	The applicant shall demonstrate that adequate security is provided for the proposed temporary use.
Insurance / Site Restoration
Insurance	A Certificate of Insurance shall be provided to the City demonstrating that the applicant has a commercial general liability insurance policy, written on an occurrence basis for bodily injury, personal injury, property damage and product liability, with a minimum limit of liability of $1,000,000 per occurrence and with a $2,000,000 aggregate. The event producer must list the City of Durango as an additional insured. Additional endorsements may be required for events with amusement rides or alcoholic beverages.	A Certificate of Insurance shall be provided to the City demonstrating that the applicant has a commercial general liability insurance policy, written on an occurrence basis for bodily injury, personal injury, property damage and product liability, with a minimum limit of liability of $1,000,000 per occurrence and with a $2,000,000 aggregate. Additional endorsements may be required for events with alcoholic beverages.	A Certificate of Insurance shall be provided to the City demonstrating that the applicant has a commercial general liability insurance policy, written on an occurrence basis for bodily injury, personal injury, property damage and product liability, with a minimum limit of liability of $1,000,000 per occurrence and with a $2,000,000 aggregate.
Site restoration / cleanup	The site of the temporary event and the abutting right-of-way shall be cleared of all litter and debris from the event, including temporary signage, not more than two days after the last day of the event.
TABLE NOTES: NA = Not Applicable

Table 2-3-3-2 Standards for Temporary Special Events
Performance Standard	Class of Temporary Special Event Use
Performance Standard	Class A	Class B	Class C
Location and General Site Requirements
Locations where event is allowed	Sites with nonresidential principal uses	Sites with nonresidential or mixed-use principal uses	Sites with nonresidential, mixed-use, or multifamily principal uses
General site requirements	The event shall be located on a site that is large enough to accommodate the expected attendance in a manner that is safe for the site, neighborhood, street, or other infrastructure.		NA
Frequency and Duration of Event
Frequency and duration of event	No site shall host a Class A temporary event more than four times per year. No Class A temporary event shall have a duration that is longer than 10 consecutive days.	No site shall host a Class B temporary event more than 26 times per year. No Class A temporary event shall have a duration that is longer than three days; however, one event per year may span a period of not more than 12 consecutive days, provided that it is counted as four events for the purposes of this standard.	No site shall host a Class C temporary event more than 75 days per year. A class C temporary use shall not have a duration that is more than five consecutive days.
Buildings and Structures
Temporary buildings and structures	Temporary buildings shall comply with the height restrictions of the underlying zone. Temporary structures (e.g., carnival rides and mega-inflatables) that are taller than the height allowed by the underlying zone are allowed, provided that they are set back from all property lines a distance of one foot for every foot in height.	All temporary buildings and structures shall comply with the height limitations of the underlying zone.
Spacing and setbacks	The area used for the temporary event shall be set back the greater of: 20 feet or the width of required buffers from all property lines; or 30 feet from the back of the curb (or, if no curb is present, the edge of pavement).		The area used for the temporary event shall be set back 10 feet or the width of the required buffers from all property lines.
Access, Circulation, and Parking
Required access	Arterial or collector street.	Arterial or collector street; or within 300 feet of an arterial or collector street.	Any type of street.
Traffic control	The street from which access is taken must have adequate capacity to serve the event, including acceleration and deceleration lanes or personnel to manage ingress and egress to the site (according to the scale of the proposed event).
Circulation	Safe on-site vehicular and pedestrian circulation shall be provided, including: (1) minimizing vehicular-pedestrian conflicts; (2) providing appropriate directional signage and / or parking attendants; (3) ensuring efficient access by emergency vehicles; and (4) maintaining full access to permanent uses on-site if they are operating during the temporary event, or emergency access to permanent uses on site if they are not operating during the temporary event.
Motor vehicle parking spaces	The number of parking spaces available for the temporary use shall be sufficient to meet the peak demands of the use, based on 2.5 persons per vehicle. If a permanent use of the property will be in operation during the time that the temporary use is present, then parking for the permanent use shall be provided in compliance with Division 4-5-2, Parking and Loading Calculations, unless the Administrator finds a reduction is justified based on different hours of peak use.	The number of parking spaces available for the temporary use shall be sufficient to meet the peak demands of the use, based on 2.25 persons per vehicle. If a permanent use of the property will be in operation during the time that the temporary use is present, then parking for the permanent use shall be provided in compliance with Division 4-5-2, Parking and Loading Calculations, unless the Administrator finds a reduction is justified based on different hours of peak use or based on likely shared use (i.e., a parking space taken up by a person who visits both the temporary event and the permanent use).	If a permanent use of the property will be in operation during the time that the temporary use is present, then parking for the permanent use shall be provided in compliance with Division 4-5-2, Parking and Loading Calculations, and such spaces shall not be blocked by event facilities. The Administrator may find that a reduction of required parking is justified during the period of a Class C temporary event, based on different hours of peak use or based on likely shared use (i.e., a parking space taken up by a person who visits both the temporary event and the permanent use).
Motor vehicle parking design and location	Parking shall be provided on-site or within 800 feet of the boundaries of the site, except that parking is not allowed at the property of an existing single-family or duplex residential use. Parking shall be in striped, hard-surfaced spaces, either in a parking lot or on-street.	Parking shall be provided on-site or within 800 feet of the boundaries of the site, except that parking is not allowed in or within 100 feet of an existing single-family or duplex residential use. Generally, parking shall be in striped, hard-surfaced spaces, either in a parking lot or on-street. However, parking in grass / unpaved parking areas are allowed only if: (1) The applicant has a legal right to use the land proposed for the parking area; (2) The surface is reasonably level and compact; (3) The parking area is located at least 100 feet from abutting residential uses and property lines and 20 feet from public rights-of-way; (4) Access to the parking area is not taken directly from arterial streets; (5) Such parking is used for not more than two weeks per year, and not more than four consecutive days at a time; and (6) The applicant provides a guarantee that the parking area will be restored to its pre-event condition after the event.	Parking in addition to that provided for the principal permanent use of the property is not required.
Bicycle parking spaces	One bicycle parking space shall be provided on-site for each 10 vehicular parking spaces that are required for the event. Bicycle parking spaces located in existing bicycle racks in public right-of-way adjacent to the property may also be utilized. If a permanent use of the property will be in operation during the time that the temporary use is present, then bicycle parking for the permanent use shall also be provided in compliance with Section 4-5-2-8, Bicycle Parking Calculations.		Parking in addition to that provided for the principal permanent use of the property is not required.
Bicycle parking space location	Bicycle parking shall be provided within 150 feet of an entrance to the temporary event.		NA
Truck parking spaces	Truck parking areas shall be provided as necessary to service the event and provide for storage of trucks and trailers that will remain on-site.
Truck parking space design and location	Truck parking spaces shall be hard-surfaced and off-street. Truck parking areas shall be located at least 200 feet from lot lines of single-family and duplex uses and at least 150 feet from all other residential uses. Trucks shall be routed away from local residential streets.		Truck parking spaces shall not displace required passenger vehicle parking spaces. Truck parking spaces shall not be located on the property of an existing single-family and duplex residential use.
Lighting and Signage
Lighting	All lighting shall be designed to ensure safe operation of the temporary use and safe traffic movements on nearby streets. All lighting, except decorative lighting, shall be shielded from abutting streets and residential buildings that are located within 300 feet. In addition, if the event is located within 500 feet of residential uses, then lighting shall be turned off by 10:00 PM on Sunday – Thursday and 11:00 PM on Friday and Saturday. These requirements supersede the requirements of Division 4-3-2, Lighting.	Lighting shall be designed in accordance with the requirements of Division 4-3-2, Lighting.	No lighting shall be installed other than the lighting that is in place for the permanent use.
Signage	Signage shall comply with the requirements of Article 3-6, Signs.
Operations
Noise controls	Noise shall be controlled so that: (1) The noise level at the nearest residential property line does not exceed 50 dBA after 10:00 PM; (2) The noise level at the property line of the temporary use does not exceed 75 dBA for more than two hours per day; and (3) The noise level at the property line of the temporary use does not exceed 85 dBA at any time. Generators, if used, shall be secured and set back at least 25 feet from all property lines.	Noise shall be controlled so that: (1) The noise level at the nearest residential property line does not exceed 50 dBA after 10:00 PM; and (2) The noise level at the property line of the temporary use does not exceed 65 dBA at any time. Generators, if used, shall be secured and set back at least 25 feet from all property lines.
Sanitation	Restrooms shall be provided at a rate of one toilet and one urinal per 50 expected attendees (including event staff); trash containers and recycling bins shall be placed in convenient areas including principal places of assembly, near food and beverage vendors, near restrooms, and at entry and exit points. A recycling bin shall be placed next to each trash container. All litter generated by the event shall be removed at no expense to the City. Litter cleanup shall extend into adjoining public rights-of-way.		The applicant shall demonstrate that the use does not require additional facilities (e.g., a mobile recycling drop-off) or that facilities of the permanent use of the property will be available to those who attend the temporary event.
Security	The applicant shall demonstrate that adequate security is provided for the proposed temporary use.
Insurance / Site Restoration
Insurance	A Certificate of Insurance shall be provided to the City demonstrating that the applicant has a commercial general liability insurance policy, written on an occurrence basis for bodily injury, personal injury, property damage and product liability, with a minimum limit of liability of $1,000,000 per occurrence and with a $2,000,000 aggregate. The event producer must list the City of Durango as an additional insured. Additional endorsements may be required for events with amusement rides or alcoholic beverages.	A Certificate of Insurance shall be provided to the City demonstrating that the applicant has a commercial general liability insurance policy, written on an occurrence basis for bodily injury, personal injury, property damage and product liability, with a minimum limit of liability of $1,000,000 per occurrence and with a $2,000,000 aggregate. Additional endorsements may be required for events with alcoholic beverages.	A Certificate of Insurance shall be provided to the City demonstrating that the applicant has a commercial general liability insurance policy, written on an occurrence basis for bodily injury, personal injury, property damage and product liability, with a minimum limit of liability of $1,000,000 per occurrence and with a $2,000,000 aggregate.
Site restoration / cleanup	The site of the temporary event and the abutting right-of-way shall be cleared of all litter and debris from the event, including temporary signage, not more than two days after the last day of the event.
TABLE NOTES: NA = Not Applicable

Table 2-3-3-2 Standards for Temporary Special Events
Performance Standard	Class of Temporary Special Event Use
Performance Standard	Class A	Class B	Class C
Location and General Site Requirements
Locations where event is allowed	Sites with nonresidential principal uses	Sites with nonresidential or mixed-use principal uses	Sites with nonresidential, mixed-use, or multifamily principal uses
General site requirements	The event shall be located on a site that is large enough to accommodate the expected attendance in a manner that is safe for the site, neighborhood, street, or other infrastructure.		NA
Frequency and Duration of Event
Frequency and duration of event	No site shall host a Class A temporary event more than four times per year. No Class A temporary event shall have a duration that is longer than 10 consecutive days.	No site shall host a Class B temporary event more than 26 times per year. No Class A temporary event shall have a duration that is longer than three days; however, one event per year may span a period of not more than 12 consecutive days, provided that it is counted as four events for the purposes of this standard.	No site shall host a Class C temporary event more than 75 days per year. A class C temporary use shall not have a duration that is more than five consecutive days.
Buildings and Structures
Temporary buildings and structures	Temporary buildings shall comply with the height restrictions of the underlying zone. Temporary structures (e.g., carnival rides and mega-inflatables) that are taller than the height allowed by the underlying zone are allowed, provided that they are set back from all property lines a distance of one foot for every foot in height.	All temporary buildings and structures shall comply with the height limitations of the underlying zone.
Spacing and setbacks	The area used for the temporary event shall be set back the greater of: 20 feet or the width of required buffers from all property lines; or 30 feet from the back of the curb (or, if no curb is present, the edge of pavement).		The area used for the temporary event shall be set back 10 feet or the width of the required buffers from all property lines.
Access, Circulation, and Parking
Required access	Arterial or collector street.	Arterial or collector street; or within 300 feet of an arterial or collector street.	Any type of street.
Traffic control	The street from which access is taken must have adequate capacity to serve the event, including acceleration and deceleration lanes or personnel to manage ingress and egress to the site (according to the scale of the proposed event).
Circulation	Safe on-site vehicular and pedestrian circulation shall be provided, including: (1) minimizing vehicular-pedestrian conflicts; (2) providing appropriate directional signage and / or parking attendants; (3) ensuring efficient access by emergency vehicles; and (4) maintaining full access to permanent uses on-site if they are operating during the temporary event, or emergency access to permanent uses on site if they are not operating during the temporary event.
Motor vehicle parking spaces	The number of parking spaces available for the temporary use shall be sufficient to meet the peak demands of the use, based on 2.5 persons per vehicle. If a permanent use of the property will be in operation during the time that the temporary use is present, then parking for the permanent use shall be provided in compliance with Division 4-5-2, Parking and Loading Calculations, unless the Administrator finds a reduction is justified based on different hours of peak use.	The number of parking spaces available for the temporary use shall be sufficient to meet the peak demands of the use, based on 2.25 persons per vehicle. If a permanent use of the property will be in operation during the time that the temporary use is present, then parking for the permanent use shall be provided in compliance with Division 4-5-2, Parking and Loading Calculations, unless the Administrator finds a reduction is justified based on different hours of peak use or based on likely shared use (i.e., a parking space taken up by a person who visits both the temporary event and the permanent use).	If a permanent use of the property will be in operation during the time that the temporary use is present, then parking for the permanent use shall be provided in compliance with Division 4-5-2, Parking and Loading Calculations, and such spaces shall not be blocked by event facilities. The Administrator may find that a reduction of required parking is justified during the period of a Class C temporary event, based on different hours of peak use or based on likely shared use (i.e., a parking space taken up by a person who visits both the temporary event and the permanent use).
Motor vehicle parking design and location	Parking shall be provided on-site or within 800 feet of the boundaries of the site, except that parking is not allowed at the property of an existing single-family or duplex residential use. Parking shall be in striped, hard-surfaced spaces, either in a parking lot or on-street.	Parking shall be provided on-site or within 800 feet of the boundaries of the site, except that parking is not allowed in or within 100 feet of an existing single-family or duplex residential use. Generally, parking shall be in striped, hard-surfaced spaces, either in a parking lot or on-street. However, parking in grass / unpaved parking areas are allowed only if: (1) The applicant has a legal right to use the land proposed for the parking area; (2) The surface is reasonably level and compact; (3) The parking area is located at least 100 feet from abutting residential uses and property lines and 20 feet from public rights-of-way; (4) Access to the parking area is not taken directly from arterial streets; (5) Such parking is used for not more than two weeks per year, and not more than four consecutive days at a time; and (6) The applicant provides a guarantee that the parking area will be restored to its pre-event condition after the event.	Parking in addition to that provided for the principal permanent use of the property is not required.
Bicycle parking spaces	One bicycle parking space shall be provided on-site for each 10 vehicular parking spaces that are required for the event. Bicycle parking spaces located in existing bicycle racks in public right-of-way adjacent to the property may also be utilized. If a permanent use of the property will be in operation during the time that the temporary use is present, then bicycle parking for the permanent use shall also be provided in compliance with Section 4-5-2-8, Bicycle Parking Calculations.		Parking in addition to that provided for the principal permanent use of the property is not required.
Bicycle parking space location	Bicycle parking shall be provided within 150 feet of an entrance to the temporary event.		NA
Truck parking spaces	Truck parking areas shall be provided as necessary to service the event and provide for storage of trucks and trailers that will remain on-site.
Truck parking space design and location	Truck parking spaces shall be hard-surfaced and off-street. Truck parking areas shall be located at least 200 feet from lot lines of single-family and duplex uses and at least 150 feet from all other residential uses. Trucks shall be routed away from local residential streets.		Truck parking spaces shall not displace required passenger vehicle parking spaces. Truck parking spaces shall not be located on the property of an existing single-family and duplex residential use.
Lighting and Signage
Lighting	All lighting shall be designed to ensure safe operation of the temporary use and safe traffic movements on nearby streets. All lighting, except decorative lighting, shall be shielded from abutting streets and residential buildings that are located within 300 feet. In addition, if the event is located within 500 feet of residential uses, then lighting shall be turned off by 10:00 PM on Sunday – Thursday and 11:00 PM on Friday and Saturday. These requirements supersede the requirements of Division 4-3-2, Lighting.	Lighting shall be designed in accordance with the requirements of Division 4-3-2, Lighting.	No lighting shall be installed other than the lighting that is in place for the permanent use.
Signage	Signage shall comply with the requirements of Article 3-6, Signs.
Operations
Noise controls	Noise shall be controlled so that: (1) The noise level at the nearest residential property line does not exceed 50 dBA after 10:00 PM; (2) The noise level at the property line of the temporary use does not exceed 75 dBA for more than two hours per day; and (3) The noise level at the property line of the temporary use does not exceed 85 dBA at any time. Generators, if used, shall be secured and set back at least 25 feet from all property lines.	Noise shall be controlled so that: (1) The noise level at the nearest residential property line does not exceed 50 dBA after 10:00 PM; and (2) The noise level at the property line of the temporary use does not exceed 65 dBA at any time. Generators, if used, shall be secured and set back at least 25 feet from all property lines.
Sanitation	Restrooms shall be provided at a rate of one toilet and one urinal per 50 expected attendees (including event staff); trash containers and recycling bins shall be placed in convenient areas including principal places of assembly, near food and beverage vendors, near restrooms, and at entry and exit points. A recycling bin shall be placed next to each trash container. All litter generated by the event shall be removed at no expense to the City. Litter cleanup shall extend into adjoining public rights-of-way.		The applicant shall demonstrate that the use does not require additional facilities (e.g., a mobile recycling drop-off) or that facilities of the permanent use of the property will be available to those who attend the temporary event.
Security	The applicant shall demonstrate that adequate security is provided for the proposed temporary use.
Insurance / Site Restoration
Insurance	A Certificate of Insurance shall be provided to the City demonstrating that the applicant has a commercial general liability insurance policy, written on an occurrence basis for bodily injury, personal injury, property damage and product liability, with a minimum limit of liability of $1,000,000 per occurrence and with a $2,000,000 aggregate. The event producer must list the City of Durango as an additional insured. Additional endorsements may be required for events with amusement rides or alcoholic beverages.	A Certificate of Insurance shall be provided to the City demonstrating that the applicant has a commercial general liability insurance policy, written on an occurrence basis for bodily injury, personal injury, property damage and product liability, with a minimum limit of liability of $1,000,000 per occurrence and with a $2,000,000 aggregate. Additional endorsements may be required for events with alcoholic beverages.	A Certificate of Insurance shall be provided to the City demonstrating that the applicant has a commercial general liability insurance policy, written on an occurrence basis for bodily injury, personal injury, property damage and product liability, with a minimum limit of liability of $1,000,000 per occurrence and with a $2,000,000 aggregate.
Site restoration / cleanup	The site of the temporary event and the abutting right-of-way shall be cleared of all litter and debris from the event, including temporary signage, not more than two days after the last day of the event.
TABLE NOTES: NA = Not Applicable

Table 2-3-3-2 Standards for Temporary Special Events
Performance Standard	Class of Temporary Special Event Use
Performance Standard	Class A	Class B	Class C
Location and General Site Requirements
Locations where event is allowed	Sites with nonresidential principal uses	Sites with nonresidential or mixed-use principal uses	Sites with nonresidential, mixed-use, or multifamily principal uses
General site requirements	The event shall be located on a site that is large enough to accommodate the expected attendance in a manner that is safe for the site, neighborhood, street, or other infrastructure.		NA
Frequency and Duration of Event
Frequency and duration of event	No site shall host a Class A temporary event more than four times per year. No Class A temporary event shall have a duration that is longer than 10 consecutive days.	No site shall host a Class B temporary event more than 26 times per year. No Class A temporary event shall have a duration that is longer than three days; however, one event per year may span a period of not more than 12 consecutive days, provided that it is counted as four events for the purposes of this standard.	No site shall host a Class C temporary event more than 75 days per year. A class C temporary use shall not have a duration that is more than five consecutive days.
Buildings and Structures
Temporary buildings and structures	Temporary buildings shall comply with the height restrictions of the underlying zone. Temporary structures (e.g., carnival rides and mega-inflatables) that are taller than the height allowed by the underlying zone are allowed, provided that they are set back from all property lines a distance of one foot for every foot in height.	All temporary buildings and structures shall comply with the height limitations of the underlying zone.
Spacing and setbacks	The area used for the temporary event shall be set back the greater of: 20 feet or the width of required buffers from all property lines; or 30 feet from the back of the curb (or, if no curb is present, the edge of pavement).		The area used for the temporary event shall be set back 10 feet or the width of the required buffers from all property lines.
Access, Circulation, and Parking
Required access	Arterial or collector street.	Arterial or collector street; or within 300 feet of an arterial or collector street.	Any type of street.
Traffic control	The street from which access is taken must have adequate capacity to serve the event, including acceleration and deceleration lanes or personnel to manage ingress and egress to the site (according to the scale of the proposed event).
Circulation	Safe on-site vehicular and pedestrian circulation shall be provided, including: (1) minimizing vehicular-pedestrian conflicts; (2) providing appropriate directional signage and / or parking attendants; (3) ensuring efficient access by emergency vehicles; and (4) maintaining full access to permanent uses on-site if they are operating during the temporary event, or emergency access to permanent uses on site if they are not operating during the temporary event.
Motor vehicle parking spaces	The number of parking spaces available for the temporary use shall be sufficient to meet the peak demands of the use, based on 2.5 persons per vehicle. If a permanent use of the property will be in operation during the time that the temporary use is present, then parking for the permanent use shall be provided in compliance with Division 4-5-2, Parking and Loading Calculations, unless the Administrator finds a reduction is justified based on different hours of peak use.	The number of parking spaces available for the temporary use shall be sufficient to meet the peak demands of the use, based on 2.25 persons per vehicle. If a permanent use of the property will be in operation during the time that the temporary use is present, then parking for the permanent use shall be provided in compliance with Division 4-5-2, Parking and Loading Calculations, unless the Administrator finds a reduction is justified based on different hours of peak use or based on likely shared use (i.e., a parking space taken up by a person who visits both the temporary event and the permanent use).	If a permanent use of the property will be in operation during the time that the temporary use is present, then parking for the permanent use shall be provided in compliance with Division 4-5-2, Parking and Loading Calculations, and such spaces shall not be blocked by event facilities. The Administrator may find that a reduction of required parking is justified during the period of a Class C temporary event, based on different hours of peak use or based on likely shared use (i.e., a parking space taken up by a person who visits both the temporary event and the permanent use).
Motor vehicle parking design and location	Parking shall be provided on-site or within 800 feet of the boundaries of the site, except that parking is not allowed at the property of an existing single-family or duplex residential use. Parking shall be in striped, hard-surfaced spaces, either in a parking lot or on-street.	Parking shall be provided on-site or within 800 feet of the boundaries of the site, except that parking is not allowed in or within 100 feet of an existing single-family or duplex residential use. Generally, parking shall be in striped, hard-surfaced spaces, either in a parking lot or on-street. However, parking in grass / unpaved parking areas are allowed only if: (1) The applicant has a legal right to use the land proposed for the parking area; (2) The surface is reasonably level and compact; (3) The parking area is located at least 100 feet from abutting residential uses and property lines and 20 feet from public rights-of-way; (4) Access to the parking area is not taken directly from arterial streets; (5) Such parking is used for not more than two weeks per year, and not more than four consecutive days at a time; and (6) The applicant provides a guarantee that the parking area will be restored to its pre-event condition after the event.	Parking in addition to that provided for the principal permanent use of the property is not required.
Bicycle parking spaces	One bicycle parking space shall be provided on-site for each 10 vehicular parking spaces that are required for the event. Bicycle parking spaces located in existing bicycle racks in public right-of-way adjacent to the property may also be utilized. If a permanent use of the property will be in operation during the time that the temporary use is present, then bicycle parking for the permanent use shall also be provided in compliance with Section 4-5-2-8, Bicycle Parking Calculations.		Parking in addition to that provided for the principal permanent use of the property is not required.
Bicycle parking space location	Bicycle parking shall be provided within 150 feet of an entrance to the temporary event.		NA
Truck parking spaces	Truck parking areas shall be provided as necessary to service the event and provide for storage of trucks and trailers that will remain on-site.
Truck parking space design and location	Truck parking spaces shall be hard-surfaced and off-street. Truck parking areas shall be located at least 200 feet from lot lines of single-family and duplex uses and at least 150 feet from all other residential uses. Trucks shall be routed away from local residential streets.		Truck parking spaces shall not displace required passenger vehicle parking spaces. Truck parking spaces shall not be located on the property of an existing single-family and duplex residential use.
Lighting and Signage
Lighting	All lighting shall be designed to ensure safe operation of the temporary use and safe traffic movements on nearby streets. All lighting, except decorative lighting, shall be shielded from abutting streets and residential buildings that are located within 300 feet. In addition, if the event is located within 500 feet of residential uses, then lighting shall be turned off by 10:00 PM on Sunday – Thursday and 11:00 PM on Friday and Saturday. These requirements supersede the requirements of Division 4-3-2, Lighting.	Lighting shall be designed in accordance with the requirements of Division 4-3-2, Lighting.	No lighting shall be installed other than the lighting that is in place for the permanent use.
Signage	Signage shall comply with the requirements of Article 3-6, Signs.
Operations
Noise controls	Noise shall be controlled so that: (1) The noise level at the nearest residential property line does not exceed 50 dBA after 10:00 PM; (2) The noise level at the property line of the temporary use does not exceed 75 dBA for more than two hours per day; and (3) The noise level at the property line of the temporary use does not exceed 85 dBA at any time. Generators, if used, shall be secured and set back at least 25 feet from all property lines.	Noise shall be controlled so that: (1) The noise level at the nearest residential property line does not exceed 50 dBA after 10:00 PM; and (2) The noise level at the property line of the temporary use does not exceed 65 dBA at any time. Generators, if used, shall be secured and set back at least 25 feet from all property lines.
Sanitation	Restrooms shall be provided at a rate of one toilet and one urinal per 50 expected attendees (including event staff); trash containers and recycling bins shall be placed in convenient areas including principal places of assembly, near food and beverage vendors, near restrooms, and at entry and exit points. A recycling bin shall be placed next to each trash container. All litter generated by the event shall be removed at no expense to the City. Litter cleanup shall extend into adjoining public rights-of-way.		The applicant shall demonstrate that the use does not require additional facilities (e.g., a mobile recycling drop-off) or that facilities of the permanent use of the property will be available to those who attend the temporary event.
Security	The applicant shall demonstrate that adequate security is provided for the proposed temporary use.
Insurance / Site Restoration
Insurance	A Certificate of Insurance shall be provided to the City demonstrating that the applicant has a commercial general liability insurance policy, written on an occurrence basis for bodily injury, personal injury, property damage and product liability, with a minimum limit of liability of $1,000,000 per occurrence and with a $2,000,000 aggregate. The event producer must list the City of Durango as an additional insured. Additional endorsements may be required for events with amusement rides or alcoholic beverages.	A Certificate of Insurance shall be provided to the City demonstrating that the applicant has a commercial general liability insurance policy, written on an occurrence basis for bodily injury, personal injury, property damage and product liability, with a minimum limit of liability of $1,000,000 per occurrence and with a $2,000,000 aggregate. Additional endorsements may be required for events with alcoholic beverages.	A Certificate of Insurance shall be provided to the City demonstrating that the applicant has a commercial general liability insurance policy, written on an occurrence basis for bodily injury, personal injury, property damage and product liability, with a minimum limit of liability of $1,000,000 per occurrence and with a $2,000,000 aggregate.
Site restoration / cleanup	The site of the temporary event and the abutting right-of-way shall be cleared of all litter and debris from the event, including temporary signage, not more than two days after the last day of the event.
TABLE NOTES: NA = Not Applicable

Conditions of Approval. Additional conditions may be imposed by the Administrator if deemed necessary to ensure land use compatibility or to minimize potential adverse impacts on neighboring properties, public streets, or the City. Such conditions shall not relate to the content of or viewpoint expressed in constitutionally protected speech, except where a statute so authorizes (e.g., statutes that protect minors from speech that is harmful to minors) or a court of competent jurisdiction has upheld such conditions. Generally, conditions of approval may include, but are not limited to, the following:
1. Modification or restrictions on the hours of operation or duration of the event.
2. Arrangements satisfactory to the City for the provision of special or extraordinary services or equipment, such as traffic control or security personnel, or equipment that is needed to ensure safe operation of the use or event. This may also include additional liability insurance.
3. The City may refuse to issue a temporary use permit if the proposed event is too large to be safely conducted at the proposed site.
Business License Required. Vendors require a business license from the City. See Chapter 13, Licenses and Business Regulations, Durango Municipal Code.

Effective on: 11/2/2021

Sec. 2-3-3-3 Temporary Commercial Sales

A.
Generally. Temporary commercial sales shall meet the applicable standards in Table 2-3-3-3, Standards for Temporary Commercial Sales. Approval of such uses may be subject to conditions as set out in Subsection B., below. The classes of temporary commercial sales are described in Section 2-3-3-1, Classification of Temporary Uses. Licenses may be required as provided in Subsection C., below.

Table 2-3-3-3 Standards for Temporary Commercial Sales
Performance Standard	Class of Temporary Commercial Sales Use
Performance Standard	Class A	Class B	Class C
Location and General Site Requirements
Locations where event is allowed	Class A temporary commercial sales are allowed only in the CB, MU-A, CG, and CR zones.	Seasonal holiday-related sales are allowed on all parcels developed with nonresidential uses that meet the requirements of this table. Other Class B temporary commercial sales are allowed only in the CB, MU-A, CG, and CR zones.	Class C temporary commercial sales are allowed only in the CB, MU-N, MU-A, CG, CR and LI zones; or on construction sites that are larger than one acre in any zone.
General site requirements	No site shall be used for a temporary commercial sale if it does not comply with the sight distance requirements set out in Section 4-2-2-12, Corner Sight Distance, and Section 4-2-2-13, Visibility Triangles for Minor Streets and Driveways.
Frequency and Duration of Event
Frequency and duration of event	30 days per year may be used for Class A temporary commercial sales, but no Class A temporary commercial sale shall have a duration of more than 10 days.	180 days per year may be used for Class B temporary commercial sales, but no Class B temporary commercial sale shall have a duration of more than 90 days.	180 days per year may be used for Class C temporary commercial sales. These are not required to be consecutive.
Buildings and Structures
Height and design	No temporary building or structure (e.g., tents) shall have a height greater than 25 feet. Tents and canopies shall not be used as signs.		Temporary buildings shall not exceed 12 feet in height or 200 feet in gross floor area.
Spacing and setbacks	The area used for temporary commercial sales shall be set back the greater of: 10 feet or the width of required buffers from all property lines; or 25 feet from the back of the curb (or, if no curb is present, the edge of pavement).		3 feet from all property lines. Food trucks or any vendor using gas-fired appliances shall comply with spacing requirements defined by adopted Fire Codes.
Access, Circulation, and Parking
Required access	Access shall be from a collector or arterial street.	Access shall be from a collector or arterial street, except that access to seasonal holiday-related sales may also be from a local street.	Any type of street.
Traffic control	The street from which access is taken must have adequate capacity to serve the temporary commercial sales event, including acceleration and deceleration lanes (according to the scale of the proposed sales event).
Circulation	Safe on-site vehicular and pedestrian circulation shall be provided, including: (1) minimizing vehicular-pedestrian conflicts; (2) providing appropriate directional signage; (3) ensuring efficient access by emergency vehicles; and (4) maintaining full access to permanent uses on-site if they are operating during the temporary commercial sales event, or emergency access to permanent uses on site if they are not operating during the temporary commercial sales.
Motor vehicle parking spaces	Four parking spaces shall be provided for each 1,000 sf. of area allocated to the temporary commercial sales use. Class A temporary sales uses shall not be allowed if the available parking does not meet the requirements of Division 4-5-2, Parking and Loading Calculations, for the operational permanent uses on the site plus the proposed temporary commercial sales use.	Parking for the permanent uses of the site shall conform to the requirements of Division 4-5-2, Parking and Loading Calculations. The proposed Class B temporary commercial sales use shall not occupy or block parking spaces that are necessary to achieve compliance with this requirement.	Parking in addition to that provided for the principal permanent use of the property is not required.
Motor vehicle parking design and location	All parking shall be provided on-site.		NA
Operations
Noise controls	Noise shall be controlled so that the noise level at the nearest residential property line does not exceed 50 dBA after 9:00 PM
Hours of Operation	7:00 AM - 10:00 PM Sunday - Thursday; 7:00 AM - 11:00 PM Friday and Saturday.	7:00 AM - 10:00 PM Sunday - Thursday; 7:00 AM - 11:00 PM Friday and Saturday.	7:00 AM - 10:00 PM Sunday - Thursday; 7:00 AM - 11:00 PM Friday and Saturday.
Sanitation	Employees of the use shall have access to sanitary facilities.		Restrooms shall be provided on-site for employees and customers (this may be by agreement with the owner of the principal use). Waste containers shall be provided for customers.
Security	The applicant shall demonstrate that adequate security is provided for the proposed temporary use.
Site Restoration / Cleanup
Site restoration / cleanup	The site of the temporary commercial sales and the abutting right-of-way shall be cleared of all litter and debris from the event, including temporary signage, not more than two days after the last day of the sales event.		The site of the temporary commercial sales and the abutting right-of-way shall be cleared of all litter and debris from the sales event, including temporary signage, not more than two days after the last day of the sales event.
Wastewater/Fats, Oils and Grease	All temporary commercial sales vendors shall properly dispose of wastewater including any fats, oils and grease that may be associated with food preparation, cleaning, etc. Disposal on the ground, into storm drains, or into the City’s wastewater system is prohibited.
TABLE NOTES: NA = Not Applicable

Table 2-3-3-3 Standards for Temporary Commercial Sales
Performance Standard	Class of Temporary Commercial Sales Use
Performance Standard	Class A	Class B	Class C
Location and General Site Requirements
Locations where event is allowed	Class A temporary commercial sales are allowed only in the CB, MU-A, CG, and CR zones.	Seasonal holiday-related sales are allowed on all parcels developed with nonresidential uses that meet the requirements of this table. Other Class B temporary commercial sales are allowed only in the CB, MU-A, CG, and CR zones.	Class C temporary commercial sales are allowed only in the CB, MU-N, MU-A, CG, CR and LI zones; or on construction sites that are larger than one acre in any zone.
General site requirements	No site shall be used for a temporary commercial sale if it does not comply with the sight distance requirements set out in Section 4-2-2-12, Corner Sight Distance, and Section 4-2-2-13, Visibility Triangles for Minor Streets and Driveways.
Frequency and Duration of Event
Frequency and duration of event	30 days per year may be used for Class A temporary commercial sales, but no Class A temporary commercial sale shall have a duration of more than 10 days.	180 days per year may be used for Class B temporary commercial sales, but no Class B temporary commercial sale shall have a duration of more than 90 days.	180 days per year may be used for Class C temporary commercial sales. These are not required to be consecutive.
Buildings and Structures
Height and design	No temporary building or structure (e.g., tents) shall have a height greater than 25 feet. Tents and canopies shall not be used as signs.		Temporary buildings shall not exceed 12 feet in height or 200 feet in gross floor area.
Spacing and setbacks	The area used for temporary commercial sales shall be set back the greater of: 10 feet or the width of required buffers from all property lines; or 25 feet from the back of the curb (or, if no curb is present, the edge of pavement).		3 feet from all property lines. Food trucks or any vendor using gas-fired appliances shall comply with spacing requirements defined by adopted Fire Codes.
Access, Circulation, and Parking
Required access	Access shall be from a collector or arterial street.	Access shall be from a collector or arterial street, except that access to seasonal holiday-related sales may also be from a local street.	Any type of street.
Traffic control	The street from which access is taken must have adequate capacity to serve the temporary commercial sales event, including acceleration and deceleration lanes (according to the scale of the proposed sales event).
Circulation	Safe on-site vehicular and pedestrian circulation shall be provided, including: (1) minimizing vehicular-pedestrian conflicts; (2) providing appropriate directional signage; (3) ensuring efficient access by emergency vehicles; and (4) maintaining full access to permanent uses on-site if they are operating during the temporary commercial sales event, or emergency access to permanent uses on site if they are not operating during the temporary commercial sales.
Motor vehicle parking spaces	Four parking spaces shall be provided for each 1,000 sf. of area allocated to the temporary commercial sales use. Class A temporary sales uses shall not be allowed if the available parking does not meet the requirements of Division 4-5-2, Parking and Loading Calculations, for the operational permanent uses on the site plus the proposed temporary commercial sales use.	Parking for the permanent uses of the site shall conform to the requirements of Division 4-5-2, Parking and Loading Calculations. The proposed Class B temporary commercial sales use shall not occupy or block parking spaces that are necessary to achieve compliance with this requirement.	Parking in addition to that provided for the principal permanent use of the property is not required.
Motor vehicle parking design and location	All parking shall be provided on-site.		NA
Operations
Noise controls	Noise shall be controlled so that the noise level at the nearest residential property line does not exceed 50 dBA after 9:00 PM
Hours of Operation	7:00 AM - 10:00 PM Sunday - Thursday; 7:00 AM - 11:00 PM Friday and Saturday.	7:00 AM - 10:00 PM Sunday - Thursday; 7:00 AM - 11:00 PM Friday and Saturday.	7:00 AM - 10:00 PM Sunday - Thursday; 7:00 AM - 11:00 PM Friday and Saturday.
Sanitation	Employees of the use shall have access to sanitary facilities.		Restrooms shall be provided on-site for employees and customers (this may be by agreement with the owner of the principal use). Waste containers shall be provided for customers.
Security	The applicant shall demonstrate that adequate security is provided for the proposed temporary use.
Site Restoration / Cleanup
Site restoration / cleanup	The site of the temporary commercial sales and the abutting right-of-way shall be cleared of all litter and debris from the event, including temporary signage, not more than two days after the last day of the sales event.		The site of the temporary commercial sales and the abutting right-of-way shall be cleared of all litter and debris from the sales event, including temporary signage, not more than two days after the last day of the sales event.
Wastewater/Fats, Oils and Grease	All temporary commercial sales vendors shall properly dispose of wastewater including any fats, oils and grease that may be associated with food preparation, cleaning, etc. Disposal on the ground, into storm drains, or into the City’s wastewater system is prohibited.
TABLE NOTES: NA = Not Applicable

Table 2-3-3-3 Standards for Temporary Commercial Sales
Performance Standard	Class of Temporary Commercial Sales Use
Performance Standard	Class A	Class B	Class C
Location and General Site Requirements
Locations where event is allowed	Class A temporary commercial sales are allowed only in the CB, MU-A, CG, and CR zones.	Seasonal holiday-related sales are allowed on all parcels developed with nonresidential uses that meet the requirements of this table. Other Class B temporary commercial sales are allowed only in the CB, MU-A, CG, and CR zones.	Class C temporary commercial sales are allowed only in the CB, MU-N, MU-A, CG, CR and LI zones; or on construction sites that are larger than one acre in any zone.
General site requirements	No site shall be used for a temporary commercial sale if it does not comply with the sight distance requirements set out in Section 4-2-2-12, Corner Sight Distance, and Section 4-2-2-13, Visibility Triangles for Minor Streets and Driveways.
Frequency and Duration of Event
Frequency and duration of event	30 days per year may be used for Class A temporary commercial sales, but no Class A temporary commercial sale shall have a duration of more than 10 days.	180 days per year may be used for Class B temporary commercial sales, but no Class B temporary commercial sale shall have a duration of more than 90 days.	180 days per year may be used for Class C temporary commercial sales. These are not required to be consecutive.
Buildings and Structures
Height and design	No temporary building or structure (e.g., tents) shall have a height greater than 25 feet. Tents and canopies shall not be used as signs.		Temporary buildings shall not exceed 12 feet in height or 200 feet in gross floor area.
Spacing and setbacks	The area used for temporary commercial sales shall be set back the greater of: 10 feet or the width of required buffers from all property lines; or 25 feet from the back of the curb (or, if no curb is present, the edge of pavement).		3 feet from all property lines. Food trucks or any vendor using gas-fired appliances shall comply with spacing requirements defined by adopted Fire Codes.
Access, Circulation, and Parking
Required access	Access shall be from a collector or arterial street.	Access shall be from a collector or arterial street, except that access to seasonal holiday-related sales may also be from a local street.	Any type of street.
Traffic control	The street from which access is taken must have adequate capacity to serve the temporary commercial sales event, including acceleration and deceleration lanes (according to the scale of the proposed sales event).
Circulation	Safe on-site vehicular and pedestrian circulation shall be provided, including: (1) minimizing vehicular-pedestrian conflicts; (2) providing appropriate directional signage; (3) ensuring efficient access by emergency vehicles; and (4) maintaining full access to permanent uses on-site if they are operating during the temporary commercial sales event, or emergency access to permanent uses on site if they are not operating during the temporary commercial sales.
Motor vehicle parking spaces	Four parking spaces shall be provided for each 1,000 sf. of area allocated to the temporary commercial sales use. Class A temporary sales uses shall not be allowed if the available parking does not meet the requirements of Division 4-5-2, Parking and Loading Calculations, for the operational permanent uses on the site plus the proposed temporary commercial sales use.	Parking for the permanent uses of the site shall conform to the requirements of Division 4-5-2, Parking and Loading Calculations. The proposed Class B temporary commercial sales use shall not occupy or block parking spaces that are necessary to achieve compliance with this requirement.	Parking in addition to that provided for the principal permanent use of the property is not required.
Motor vehicle parking design and location	All parking shall be provided on-site.		NA
Operations
Noise controls	Noise shall be controlled so that the noise level at the nearest residential property line does not exceed 50 dBA after 9:00 PM
Hours of Operation	7:00 AM - 10:00 PM Sunday - Thursday; 7:00 AM - 11:00 PM Friday and Saturday.	7:00 AM - 10:00 PM Sunday - Thursday; 7:00 AM - 11:00 PM Friday and Saturday.	7:00 AM - 10:00 PM Sunday - Thursday; 7:00 AM - 11:00 PM Friday and Saturday.
Sanitation	Employees of the use shall have access to sanitary facilities.		Restrooms shall be provided on-site for employees and customers (this may be by agreement with the owner of the principal use). Waste containers shall be provided for customers.
Security	The applicant shall demonstrate that adequate security is provided for the proposed temporary use.
Site Restoration / Cleanup
Site restoration / cleanup	The site of the temporary commercial sales and the abutting right-of-way shall be cleared of all litter and debris from the event, including temporary signage, not more than two days after the last day of the sales event.		The site of the temporary commercial sales and the abutting right-of-way shall be cleared of all litter and debris from the sales event, including temporary signage, not more than two days after the last day of the sales event.
Wastewater/Fats, Oils and Grease	All temporary commercial sales vendors shall properly dispose of wastewater including any fats, oils and grease that may be associated with food preparation, cleaning, etc. Disposal on the ground, into storm drains, or into the City’s wastewater system is prohibited.
TABLE NOTES: NA = Not Applicable

Table 2-3-3-3 Standards for Temporary Commercial Sales
Performance Standard	Class of Temporary Commercial Sales Use
Performance Standard	Class A	Class B	Class C
Location and General Site Requirements
Locations where event is allowed	Class A temporary commercial sales are allowed only in the CB, MU-A, CG, and CR zones.	Seasonal holiday-related sales are allowed on all parcels developed with nonresidential uses that meet the requirements of this table. Other Class B temporary commercial sales are allowed only in the CB, MU-A, CG, and CR zones.	Class C temporary commercial sales are allowed only in the CB, MU-N, MU-A, CG, CR and LI zones; or on construction sites that are larger than one acre in any zone.
General site requirements	No site shall be used for a temporary commercial sale if it does not comply with the sight distance requirements set out in Section 4-2-2-12, Corner Sight Distance, and Section 4-2-2-13, Visibility Triangles for Minor Streets and Driveways.
Frequency and Duration of Event
Frequency and duration of event	30 days per year may be used for Class A temporary commercial sales, but no Class A temporary commercial sale shall have a duration of more than 10 days.	180 days per year may be used for Class B temporary commercial sales, but no Class B temporary commercial sale shall have a duration of more than 90 days.	180 days per year may be used for Class C temporary commercial sales. These are not required to be consecutive.
Buildings and Structures
Height and design	No temporary building or structure (e.g., tents) shall have a height greater than 25 feet. Tents and canopies shall not be used as signs.		Temporary buildings shall not exceed 12 feet in height or 200 feet in gross floor area.
Spacing and setbacks	The area used for temporary commercial sales shall be set back the greater of: 10 feet or the width of required buffers from all property lines; or 25 feet from the back of the curb (or, if no curb is present, the edge of pavement).		3 feet from all property lines. Food trucks or any vendor using gas-fired appliances shall comply with spacing requirements defined by adopted Fire Codes.
Access, Circulation, and Parking
Required access	Access shall be from a collector or arterial street.	Access shall be from a collector or arterial street, except that access to seasonal holiday-related sales may also be from a local street.	Any type of street.
Traffic control	The street from which access is taken must have adequate capacity to serve the temporary commercial sales event, including acceleration and deceleration lanes (according to the scale of the proposed sales event).
Circulation	Safe on-site vehicular and pedestrian circulation shall be provided, including: (1) minimizing vehicular-pedestrian conflicts; (2) providing appropriate directional signage; (3) ensuring efficient access by emergency vehicles; and (4) maintaining full access to permanent uses on-site if they are operating during the temporary commercial sales event, or emergency access to permanent uses on site if they are not operating during the temporary commercial sales.
Motor vehicle parking spaces	Four parking spaces shall be provided for each 1,000 sf. of area allocated to the temporary commercial sales use. Class A temporary sales uses shall not be allowed if the available parking does not meet the requirements of Division 4-5-2, Parking and Loading Calculations, for the operational permanent uses on the site plus the proposed temporary commercial sales use.	Parking for the permanent uses of the site shall conform to the requirements of Division 4-5-2, Parking and Loading Calculations. The proposed Class B temporary commercial sales use shall not occupy or block parking spaces that are necessary to achieve compliance with this requirement.	Parking in addition to that provided for the principal permanent use of the property is not required.
Motor vehicle parking design and location	All parking shall be provided on-site.		NA
Operations
Noise controls	Noise shall be controlled so that the noise level at the nearest residential property line does not exceed 50 dBA after 9:00 PM
Hours of Operation	7:00 AM - 10:00 PM Sunday - Thursday; 7:00 AM - 11:00 PM Friday and Saturday.	7:00 AM - 10:00 PM Sunday - Thursday; 7:00 AM - 11:00 PM Friday and Saturday.	7:00 AM - 10:00 PM Sunday - Thursday; 7:00 AM - 11:00 PM Friday and Saturday.
Sanitation	Employees of the use shall have access to sanitary facilities.		Restrooms shall be provided on-site for employees and customers (this may be by agreement with the owner of the principal use). Waste containers shall be provided for customers.
Security	The applicant shall demonstrate that adequate security is provided for the proposed temporary use.
Site Restoration / Cleanup
Site restoration / cleanup	The site of the temporary commercial sales and the abutting right-of-way shall be cleared of all litter and debris from the event, including temporary signage, not more than two days after the last day of the sales event.		The site of the temporary commercial sales and the abutting right-of-way shall be cleared of all litter and debris from the sales event, including temporary signage, not more than two days after the last day of the sales event.
Wastewater/Fats, Oils and Grease	All temporary commercial sales vendors shall properly dispose of wastewater including any fats, oils and grease that may be associated with food preparation, cleaning, etc. Disposal on the ground, into storm drains, or into the City’s wastewater system is prohibited.
TABLE NOTES: NA = Not Applicable

B.
Conditions of Approval. Additional conditions may be imposed by the Administrator if deemed necessary to ensure land use compatibility or to minimize potential adverse impacts on neighboring properties, public streets, or the City. Generally, conditions of approval may include, but are not limited to, the following:
1. 1.
  Modification or restrictions on the hours of operation or duration of the event.
2. 2.
  Arrangements satisfactory to the City for the provision of special or extraordinary services or equipment, such as traffic control or security personnel, or equipment that is needed to ensure safe operation of the use or event. This may also include additional liability insurance.
3. 3.
  The City may refuse to issue a temporary use permit if the proposed event is too large to be safely conducted at the proposed site.
C.
Business License Required. Vendors require a business license from the City. See Chapter 13, Licenses and Business Regulations, Durango Municipal Code.
D.
Extension of Approvals.
1. 1.
  Approved permits for Class C Temporary Commercial Sales may be renewed up to twice upon demonstration of good cause, appropriate maintenance, extension of any required surety, and diligent pursuit of the purposes for which the uses were established. All applications for renewal of a temporary use permit issued pursuant to this Section shall be submitted to the Administrator at least 10 working days before the expiration of the permit.
2. 2.
  Continued operations following the expiration of a second renewal may be permitted subject to the Site Plan Review process as described in Article 6-3, Permits and Procedures, and design requirements as described in Chapter 4, Site Design and Natural Resource Stewardship.

Effective on: 4/14/2023

Sec. 2-3-3-4 Temporary Buildings and Temporary Construction Uses

Table 2-3-3-4 Temporary Buildings and Temporary Construction Uses
Temporary Use	Location of Use	Hours of Use	Operational Limitations	Duration of Use
Class A Temporary Building / Construction Uses
Concrete, mortar and asphalt batching operations	Must be located at least 500 feet from residential zone boundaries or property lines of lots that are used for residential purposes (measured as the shortest linear distance from the edge of the operation and the boundary or property line). Must be set back at least 40 feet from the right-of-way line and 25 feet from all other property lines.	8:00 AM to 8:00 PM if any residential use is located within 1,000 feet; 6:00 AM to 10:00 PM in all other locations.	The facility shall be used only for a project within the City of Durango or the urbanizing area. Restroom facilities shall be provided on-site for workers.	Established by approval, but will coincide with the use of the facility for a specified construction project.
Temporary construction yard	Within 1/2 mile of the construction to which the construction yard relates. Must be set back at least 40 feet from the right-of-way line and 25 feet from all other property lines.	8:00 AM to 8:00 PM if any residential use is located within 1,000 feet; 6:00 AM to 10:00 PM in all other locations.	The facility shall be used only for a construction site in the City of Durango or the urbanizing area; or an infrastructure project that is wholly or partially located in the City of Durango or the urbanizing area.	Established by approval, but will coincide with the use of the facility for a specified construction project.
Class B Temporary Building / Construction Uses
Temporary manufactured buildings	On a lot or parcel proposed for development, set back as required for principal buildings, if possible. Alternative locations may be approved as part of a construction staging plan if there is no reasonable alternative location that complies with the required setbacks.	Not limited. However, the temporary manufactured building may not be used as a residence.	May be used by construction superintendent, construction workers, contractors, and other personnel on a construction team; a security office; or as temporary office or classroom space. Restroom facilities shall be provided on properties that use temporary buildings, unless they are only used for storage.	No limit for public schools; construction-related facilities shall be removed prior to certificate of occupancy for last building; other buildings shall be removed within two years from date of permit.
Model homes and on-site real estate offices	On lot or parcel proposed for development	NA	Sales limited to units located on the lot or parcel proposed for development; sales offices within model homes shall meet applicable building code criteria. Restroom facilities shall be provided in or within 100 feet of model homes or on-site real estate offices.	On-site real estate offices in temporary buildings shall be removed upon completion of the model home(s) or suitable permanent floor area on-site. On-site real estate offices in model homes or common buildings (e.g., clubhouses) must be removed by the date of issuance of the last certificate of occupancy or 30 days following the sale of the last lot for development.
Temporary Storage Containers and Dumpsters
Temporary storage containers	On a parcel or lot served by the temporary storage container. No encroachment onto lawn areas or sidewalks is permitted. On nonresidential parcels, containers must be located behind the principal building(s).	NA	NA	Up to five days if located in a residential driveway or up to three months if an active remodeling project is occurring with a valid permit; up to one year if located behind the principal building and screened from view from public rights-of-way.
Temporary dumpsters	On single-family detached, duplex, single-family attached, or multiplex residential property, must be located on the lot using the dumpster (or a comparable location approved by the property owners' association in the case of a condominium), set back at least one ft. from the property line on a hard surface. On nonresidential, multifamily, or mixed-use property, dumpsters shall be located behind buildings (where possible) and shall not obstruct required parking areas.	NA	All refuse shall be contained within the dumpster, and shall be secured if necessary to prevent it from being removed from the dumpster by wind or wildlife.	If used for construction or renovation, may remain in place for 1 week after the permit is closed. If used for other purposes, up to 10 days.
TABLE NOTES: NA = Not Applicable

Table 2-3-3-4 Temporary Buildings and Temporary Construction Uses
Temporary Use	Location of Use	Hours of Use	Operational Limitations	Duration of Use
Class A Temporary Building / Construction Uses
Concrete, mortar and asphalt batching operations	Must be located at least 500 feet from residential zone boundaries or property lines of lots that are used for residential purposes (measured as the shortest linear distance from the edge of the operation and the boundary or property line). Must be set back at least 40 feet from the right-of-way line and 25 feet from all other property lines.	8:00 AM to 8:00 PM if any residential use is located within 1,000 feet; 6:00 AM to 10:00 PM in all other locations.	The facility shall be used only for a project within the City of Durango or the urbanizing area. Restroom facilities shall be provided on-site for workers.	Established by approval, but will coincide with the use of the facility for a specified construction project.
Temporary construction yard	Within 1/2 mile of the construction to which the construction yard relates. Must be set back at least 40 feet from the right-of-way line and 25 feet from all other property lines.	8:00 AM to 8:00 PM if any residential use is located within 1,000 feet; 6:00 AM to 10:00 PM in all other locations.	The facility shall be used only for a construction site in the City of Durango or the urbanizing area; or an infrastructure project that is wholly or partially located in the City of Durango or the urbanizing area.	Established by approval, but will coincide with the use of the facility for a specified construction project.
Class B Temporary Building / Construction Uses
Temporary manufactured buildings	On a lot or parcel proposed for development, set back as required for principal buildings, if possible. Alternative locations may be approved as part of a construction staging plan if there is no reasonable alternative location that complies with the required setbacks.	Not limited. However, the temporary manufactured building may not be used as a residence.	May be used by construction superintendent, construction workers, contractors, and other personnel on a construction team; a security office; or as temporary office or classroom space. Restroom facilities shall be provided on properties that use temporary buildings, unless they are only used for storage.	No limit for public schools; construction-related facilities shall be removed prior to certificate of occupancy for last building; other buildings shall be removed within two years from date of permit.
Model homes and on-site real estate offices	On lot or parcel proposed for development	NA	Sales limited to units located on the lot or parcel proposed for development; sales offices within model homes shall meet applicable building code criteria. Restroom facilities shall be provided in or within 100 feet of model homes or on-site real estate offices.	On-site real estate offices in temporary buildings shall be removed upon completion of the model home(s) or suitable permanent floor area on-site. On-site real estate offices in model homes or common buildings (e.g., clubhouses) must be removed by the date of issuance of the last certificate of occupancy or 30 days following the sale of the last lot for development.
Temporary Storage Containers and Dumpsters
Temporary storage containers	On a parcel or lot served by the temporary storage container. No encroachment onto lawn areas or sidewalks is permitted. On nonresidential parcels, containers must be located behind the principal building(s).	NA	NA	Up to five days if located in a residential driveway or up to three months if an active remodeling project is occurring with a valid permit; up to one year if located behind the principal building and screened from view from public rights-of-way.
Temporary dumpsters	On single-family detached, duplex, single-family attached, or multiplex residential property, must be located on the lot using the dumpster (or a comparable location approved by the property owners' association in the case of a condominium), set back at least one ft. from the property line on a hard surface. On nonresidential, multifamily, or mixed-use property, dumpsters shall be located behind buildings (where possible) and shall not obstruct required parking areas.	NA	All refuse shall be contained within the dumpster, and shall be secured if necessary to prevent it from being removed from the dumpster by wind or wildlife.	If used for construction or renovation, may remain in place for 1 week after the permit is closed. If used for other purposes, up to 10 days.
TABLE NOTES: NA = Not Applicable

Table 2-3-3-4 Temporary Buildings and Temporary Construction Uses
Temporary Use	Location of Use	Hours of Use	Operational Limitations	Duration of Use
Class A Temporary Building / Construction Uses
Concrete, mortar and asphalt batching operations	Must be located at least 500 feet from residential zone boundaries or property lines of lots that are used for residential purposes (measured as the shortest linear distance from the edge of the operation and the boundary or property line). Must be set back at least 40 feet from the right-of-way line and 25 feet from all other property lines.	8:00 AM to 8:00 PM if any residential use is located within 1,000 feet; 6:00 AM to 10:00 PM in all other locations.	The facility shall be used only for a project within the City of Durango or the urbanizing area. Restroom facilities shall be provided on-site for workers.	Established by approval, but will coincide with the use of the facility for a specified construction project.
Temporary construction yard	Within 1/2 mile of the construction to which the construction yard relates. Must be set back at least 40 feet from the right-of-way line and 25 feet from all other property lines.	8:00 AM to 8:00 PM if any residential use is located within 1,000 feet; 6:00 AM to 10:00 PM in all other locations.	The facility shall be used only for a construction site in the City of Durango or the urbanizing area; or an infrastructure project that is wholly or partially located in the City of Durango or the urbanizing area.	Established by approval, but will coincide with the use of the facility for a specified construction project.
Class B Temporary Building / Construction Uses
Temporary manufactured buildings	On a lot or parcel proposed for development, set back as required for principal buildings, if possible. Alternative locations may be approved as part of a construction staging plan if there is no reasonable alternative location that complies with the required setbacks.	Not limited. However, the temporary manufactured building may not be used as a residence.	May be used by construction superintendent, construction workers, contractors, and other personnel on a construction team; a security office; or as temporary office or classroom space. Restroom facilities shall be provided on properties that use temporary buildings, unless they are only used for storage.	No limit for public schools; construction-related facilities shall be removed prior to certificate of occupancy for last building; other buildings shall be removed within two years from date of permit.
Model homes and on-site real estate offices	On lot or parcel proposed for development	NA	Sales limited to units located on the lot or parcel proposed for development; sales offices within model homes shall meet applicable building code criteria. Restroom facilities shall be provided in or within 100 feet of model homes or on-site real estate offices.	On-site real estate offices in temporary buildings shall be removed upon completion of the model home(s) or suitable permanent floor area on-site. On-site real estate offices in model homes or common buildings (e.g., clubhouses) must be removed by the date of issuance of the last certificate of occupancy or 30 days following the sale of the last lot for development.
Temporary Storage Containers and Dumpsters
Temporary storage containers	On a parcel or lot served by the temporary storage container. No encroachment onto lawn areas or sidewalks is permitted. On nonresidential parcels, containers must be located behind the principal building(s).	NA	NA	Up to five days if located in a residential driveway or up to three months if an active remodeling project is occurring with a valid permit; up to one year if located behind the principal building and screened from view from public rights-of-way.
Temporary dumpsters	On single-family detached, duplex, single-family attached, or multiplex residential property, must be located on the lot using the dumpster (or a comparable location approved by the property owners' association in the case of a condominium), set back at least one ft. from the property line on a hard surface. On nonresidential, multifamily, or mixed-use property, dumpsters shall be located behind buildings (where possible) and shall not obstruct required parking areas.	NA	All refuse shall be contained within the dumpster, and shall be secured if necessary to prevent it from being removed from the dumpster by wind or wildlife.	If used for construction or renovation, may remain in place for 1 week after the permit is closed. If used for other purposes, up to 10 days.
TABLE NOTES: NA = Not Applicable

Table 2-3-3-4 Temporary Buildings and Temporary Construction Uses
Temporary Use	Location of Use	Hours of Use	Operational Limitations	Duration of Use
Class A Temporary Building / Construction Uses
Concrete, mortar and asphalt batching operations	Must be located at least 500 feet from residential zone boundaries or property lines of lots that are used for residential purposes (measured as the shortest linear distance from the edge of the operation and the boundary or property line). Must be set back at least 40 feet from the right-of-way line and 25 feet from all other property lines.	8:00 AM to 8:00 PM if any residential use is located within 1,000 feet; 6:00 AM to 10:00 PM in all other locations.	The facility shall be used only for a project within the City of Durango or the urbanizing area. Restroom facilities shall be provided on-site for workers.	Established by approval, but will coincide with the use of the facility for a specified construction project.
Temporary construction yard	Within 1/2 mile of the construction to which the construction yard relates. Must be set back at least 40 feet from the right-of-way line and 25 feet from all other property lines.	8:00 AM to 8:00 PM if any residential use is located within 1,000 feet; 6:00 AM to 10:00 PM in all other locations.	The facility shall be used only for a construction site in the City of Durango or the urbanizing area; or an infrastructure project that is wholly or partially located in the City of Durango or the urbanizing area.	Established by approval, but will coincide with the use of the facility for a specified construction project.
Class B Temporary Building / Construction Uses
Temporary manufactured buildings	On a lot or parcel proposed for development, set back as required for principal buildings, if possible. Alternative locations may be approved as part of a construction staging plan if there is no reasonable alternative location that complies with the required setbacks.	Not limited. However, the temporary manufactured building may not be used as a residence.	May be used by construction superintendent, construction workers, contractors, and other personnel on a construction team; a security office; or as temporary office or classroom space. Restroom facilities shall be provided on properties that use temporary buildings, unless they are only used for storage.	No limit for public schools; construction-related facilities shall be removed prior to certificate of occupancy for last building; other buildings shall be removed within two years from date of permit.
Model homes and on-site real estate offices	On lot or parcel proposed for development	NA	Sales limited to units located on the lot or parcel proposed for development; sales offices within model homes shall meet applicable building code criteria. Restroom facilities shall be provided in or within 100 feet of model homes or on-site real estate offices.	On-site real estate offices in temporary buildings shall be removed upon completion of the model home(s) or suitable permanent floor area on-site. On-site real estate offices in model homes or common buildings (e.g., clubhouses) must be removed by the date of issuance of the last certificate of occupancy or 30 days following the sale of the last lot for development.
Temporary Storage Containers and Dumpsters
Temporary storage containers	On a parcel or lot served by the temporary storage container. No encroachment onto lawn areas or sidewalks is permitted. On nonresidential parcels, containers must be located behind the principal building(s).	NA	NA	Up to five days if located in a residential driveway or up to three months if an active remodeling project is occurring with a valid permit; up to one year if located behind the principal building and screened from view from public rights-of-way.
Temporary dumpsters	On single-family detached, duplex, single-family attached, or multiplex residential property, must be located on the lot using the dumpster (or a comparable location approved by the property owners' association in the case of a condominium), set back at least one ft. from the property line on a hard surface. On nonresidential, multifamily, or mixed-use property, dumpsters shall be located behind buildings (where possible) and shall not obstruct required parking areas.	NA	All refuse shall be contained within the dumpster, and shall be secured if necessary to prevent it from being removed from the dumpster by wind or wildlife.	If used for construction or renovation, may remain in place for 1 week after the permit is closed. If used for other purposes, up to 10 days.
TABLE NOTES: NA = Not Applicable

Additional Standards Applicable to Concrete, Mortar, and Asphalt Batching Operations. The City Engineer shall review all applications for concrete, mortar, and asphalt batching operations for compliance with the following standards and shall make a recommendation to the Administrator.
1. Surety. The applicant shall provide a written agreement and advance surety in the amount of 125 percent of the estimated site restoration cost to ensure complete site restoration upon the facility's dismantling or revocation of the permit, plus the estimated road restoration / replacement costs along anticipated principal truck routes. This amount shall be approved by the City Engineer.
2. Access. If deemed necessary by the City Engineer, the property access shall be controlled by special traffic markings and / or signalization at the applicant's expense. Instances warranting such traffic improvements may include locations at busy intersections or other areas where interference with primary traffic from trucks would be extensive.
3. Power and Lighting. All electric and lighting facilities are subject to review and approval by the State Electrical Inspector.
4. A construction stormwater management plan is required.
5. A site restoration plan addressing site stabilization, final grading, and re-vegetation is required.
Extension of Approvals. Approvals pursuant to this Section may be extended upon demonstration of good cause, appropriate maintenance, extension of any required surety, and diligent pursuit of the purposes for which the uses were established. All applications for renewal of a temporary use permit issued pursuant to this Section shall be submitted to the Administrator at least 10 working days before the expiration of the permit.

Effective on: 7/1/2014

Sec. 2-4-1-1 Purpose of Article

The purpose of this Article is to set out the standards for calculating the development yield of parcels proposed for development.

Effective on: 7/1/2014

Sec. 2-4-1-2 Application of Article

Effective on: 7/1/2014

Sec. 2-4-2-1 Residential and Mixed-Use Neighborhood Types and Minimum Parcel Areas

Generally. New residential and predominately residential mixed-use neighborhoods are classified into four different neighborhood types. These neighborhood types are allowed as provided in Table 2-4-2-1, Minimum Area of Parcel Proposed for Development and OSR by Neighborhood Type and Zone. The maximum density for the various neighborhood types is established by application of Section 2-4-2-2, Residential Density, Open Space, and Recreation and Leisure Areas.
Neighborhood Types. For the purposes of this LUDC, there are four residential and mixed-use neighborhood types:
1. Typical. A typical residential neighborhood has one or two housing types, and almost all of the land is owned by individual homeowners (except in the case of multifamily apartments or condominiums). Common areas are usually related to bufferyards, recreation, and drainage areas. (See Figure 2-4-2-1A, Illustrative Typical Neighborhood.) The "typical" residential neighborhood is not limited to single-family detached dwellings. It also includes, by way of illustration and not limitation, attached single-family (e.g., townhomes), manufactured home parks, manufactured home subdivisions, and multifamily development.

Figure 2-4-2-1A Illustrative Typical Neighborhood

1. Cluster. A cluster neighborhood has one or two housing types, but they are clustered together in order to provide for additional common open spaces. Cluster development may be used to protect natural resources by clustering development away from them. (See Figure 2-4-2-1B, Illustrative Cluster Neighborhood.)

Figure 2-4-2-1B Illustrative Cluster Neighborhood

1. Mixed-Housing Neighborhood. A mixed-housing neighborhood has three or more housing types, and utilizes commonly owned areas as organizing features. (See Figure 2-4-2-1C, Illustrative Mixed-Housing Neighborhood.)

Figure 2-4-2-1C Illustrative Mixed-Housing Neighborhood

1. Traditional Neighborhood Development. A traditional neighborhood development has three or more housing types which are arranged to provide a convenient and comfortable walk to a mixed-use core area, called the "neighborhood center." The mixed-use or civic core is within 1/4 mile of all dwelling units. (See Figure 2-4-2-1D, Illustrative Traditional Neighborhood Development.)

Figure 2-4-2-1D Illustrative Traditional Neighborhood Development

Minimum Area of Parcel Proposed for Development. The minimum area of the parcel proposed for development, and the minimum required common open space for each neighborhood type is as set out in Table 2-4-2-1, Minimum Area of Parcel Proposed for Development and OSR by Neighborhood Type and Zone. The permitted density of the neighborhood is calculated according to the standards set out in Section 2-4-2-2, Residential Density, Open Space, and Recreation and Leisure Areas.

Table 2-4-2-1 Minimum Area of Parcel Proposed for Development and OSR by Neighborhood Type and Zone
Neighborhood Type	Minimum Area of Parcel Proposed for Development / Minimum OSR
	RA		RL		RM		RH		MU-N		MU-A		CB		BP
	Area	OSR	Area	OSR	Area	OSR	Area	OSR	Area	OSR	Area	OSR	Area	OSR	Area	OSR
TABLE NOTES: Throughout the table, NA means that the neighborhood type is not allowed in the zone.
Typical (General)	No Min.	20%	No Min.	10%	No Min.	10%	No Min.	10%	No Min.	10%	No Min.	10%	No Min.	0%	5 ac.	20%
Typical (Manufactured Home Park or Subdivision)	5 ac.	20%	5 ac.	20%	5 ac.	20%	3 ac.	20%	NA	NA	NA	NA	NA	NA	NA	NA
Cluster	20 ac.	40%	10 ac.	40%	7 ac.	30%	NA	NA	NA	NA	NA	NA	NA	NA	NA	NA
Mixed-Housing	NA	NA	20 ac.	30%	10 ac.	15%	5 ac.	10%	5 ac.	10%	5 ac.	10%	NA	NA	NA	NA
Traditional Neighborhood Development	NA	NA	NA	NA	15 ac.	15%	10 ac.	10%	15 ac.	10%	10 ac.	10%	NA	NA	NA	NA

Table 2-4-2-1 Minimum Area of Parcel Proposed for Development and OSR by Neighborhood Type and Zone
Neighborhood Type	Minimum Area of Parcel Proposed for Development / Minimum OSR
	RA		RL		RM		RH		MU-N		MU-A		CB		BP
	Area	OSR	Area	OSR	Area	OSR	Area	OSR	Area	OSR	Area	OSR	Area	OSR	Area	OSR
TABLE NOTES: Throughout the table, NA means that the neighborhood type is not allowed in the zone.
Typical (General)	No Min.	20%	No Min.	10%	No Min.	10%	No Min.	10%	No Min.	10%	No Min.	10%	No Min.	0%	5 ac.	20%
Typical (Manufactured Home Park or Subdivision)	5 ac.	20%	5 ac.	20%	5 ac.	20%	3 ac.	20%	NA	NA	NA	NA	NA	NA	NA	NA
Cluster	20 ac.	40%	10 ac.	40%	7 ac.	30%	NA	NA	NA	NA	NA	NA	NA	NA	NA	NA
Mixed-Housing	NA	NA	20 ac.	30%	10 ac.	15%	5 ac.	10%	5 ac.	10%	5 ac.	10%	NA	NA	NA	NA
Traditional Neighborhood Development	NA	NA	NA	NA	15 ac.	15%	10 ac.	10%	15 ac.	10%	10 ac.	10%	NA	NA	NA	NA

Table 2-4-2-1 Minimum Area of Parcel Proposed for Development and OSR by Neighborhood Type and Zone
Neighborhood Type	Minimum Area of Parcel Proposed for Development / Minimum OSR
	RA		RL		RM		RH		MU-N		MU-A		CB		BP
	Area	OSR	Area	OSR	Area	OSR	Area	OSR	Area	OSR	Area	OSR	Area	OSR	Area	OSR
TABLE NOTES: Throughout the table, NA means that the neighborhood type is not allowed in the zone.
Typical (General)	No Min.	20%	No Min.	10%	No Min.	10%	No Min.	10%	No Min.	10%	No Min.	10%	No Min.	0%	5 ac.	20%
Typical (Manufactured Home Park or Subdivision)	5 ac.	20%	5 ac.	20%	5 ac.	20%	3 ac.	20%	NA	NA	NA	NA	NA	NA	NA	NA
Cluster	20 ac.	40%	10 ac.	40%	7 ac.	30%	NA	NA	NA	NA	NA	NA	NA	NA	NA	NA
Mixed-Housing	NA	NA	20 ac.	30%	10 ac.	15%	5 ac.	10%	5 ac.	10%	5 ac.	10%	NA	NA	NA	NA
Traditional Neighborhood Development	NA	NA	NA	NA	15 ac.	15%	10 ac.	10%	15 ac.	10%	10 ac.	10%	NA	NA	NA	NA

Table 2-4-2-1 Minimum Area of Parcel Proposed for Development and OSR by Neighborhood Type and Zone
Neighborhood Type	Minimum Area of Parcel Proposed for Development / Minimum OSR
	RA		RL		RM		RH		MU-N		MU-A		CB		BP
	Area	OSR	Area	OSR	Area	OSR	Area	OSR	Area	OSR	Area	OSR	Area	OSR	Area	OSR
TABLE NOTES: Throughout the table, NA means that the neighborhood type is not allowed in the zone.
Typical (General)	No Min.	20%	No Min.	10%	No Min.	10%	No Min.	10%	No Min.	10%	No Min.	10%	No Min.	0%	5 ac.	20%
Typical (Manufactured Home Park or Subdivision)	5 ac.	20%	5 ac.	20%	5 ac.	20%	3 ac.	20%	NA	NA	NA	NA	NA	NA	NA	NA
Cluster	20 ac.	40%	10 ac.	40%	7 ac.	30%	NA	NA	NA	NA	NA	NA	NA	NA	NA	NA
Mixed-Housing	NA	NA	20 ac.	30%	10 ac.	15%	5 ac.	10%	5 ac.	10%	5 ac.	10%	NA	NA	NA	NA
Traditional Neighborhood Development	NA	NA	NA	NA	15 ac.	15%	10 ac.	10%	15 ac.	10%	10 ac.	10%	NA	NA	NA	NA

Effective on: 12/6/2017

Sec. 2-4-2-2 Residential Density, Open Space, and Recreation and Leisure Areas

A.
Generally.
1. 1.
  The number of dwelling units that may be constructed in a residential neighborhood or predominately residential mixed-use neighborhood is based on the zone in which it is proposed, and the amount of open space and recreation and leisure area that will be provided.
2. 2.
  Neighborhood types are defined by their minimum land area, minimum open space ratio (OSR) (see Section 2-4-2-1, Residential and Mixed-Use Neighborhood Types and Minimum Parcel Areas), and number of housing types. However, the allowable density of new neighborhoods is calculated according to the standards of this Section. (See Table 2-3-2-2A, Density and Open Space by Zone.)
3. 3.
  Once the number of dwelling units is determined, the specifications for individual lots or building types shall comply with the requirements of Division 3-2-2, Housing Palette, for the type(s) of housing that will be developed. Building types must be consistent with the type of neighborhood being developed (see Section 2-4-2-1, Residential and Mixed-Use Neighborhood Types and Minimum Parcel Areas, and any applicable special, limited, or conditional use standards for the housing types proposed).
B.
Applicability. The standards of this Section apply within the RA, RL, RM, RH, MU-N, MU-A, CB, and BP zones as follows:
1. 1.
  All subdivisions or resubdivisions of property that create at least three buildable residential lots, or developments with at least three dwelling units on a single parcel proposed for development, shall comply with the standards of this Section.
2. 2.
  Developments with three to nine dwelling units may qualify for alternative compliance with the open space requirements and the recreation, leisure, and landscape area requirements pursuant to Subsection D., below.
3. 3.
  Development that is exempt from this Section due to the number of lots created or the number of dwelling units proposed is subject to the requirements of Division 3-2-2, Housing Palette.
C.
Density and Common Open Space by Zone. The relationship between maximum density and open space ratio (OSR) by zone is set out in Table 2-4-2-2A, Density and Open Space by Zone. The application of the table is illustrated in Figure 2-4-2-2, Illustrative Application of Density Increments. Allowed housing types for each zone are set out in Section 2-1-3-3, Residential, Transient Residential, and Overnight Accommodations Use / Zone Matrix.

Table 2-4-2-2A Density and Open Space by Zone
Zone	Min. OSR	Base Density²	Positive Increment³	Peak Density²	OSR Range at Peak Density	Negative Increment⁴
TABLE NOTES: 1. Density calculation may be modified in this zone. See Section 2-4-2-4, Density Adjustments for Specific Housing Types. 2. Units per acre. 3. Increase in density (units per acre) per one percent additional increment of open space, from the minimum OSR to the beginning of the OSR range at peak density. 4. Decrease in density (units per acre) per one percent additional increment in open space, from the end of the OSR range at peak density to 100% open space. NA = Not Applicable
RA	0%	0.06	0.002	0.20	70% to 95%	0.040
RL	10%, 20%. 30% or 40%	1.58	0.057	5.00	70% to 80%	0.250
RM	10%, 20%, 30% or 40%	5.00	0.350	12.00	30% to 50%	0.240
RH	10%	12.00	1.200	24.00	20% to 35%	0.369
MU-N¹	10%	6.00	.600	12.00	20% to 35%	0.369
MU-A¹	10%	10.00	0.933	24.00	25% to 35%	0.369
CB	0%	42.00	NA	42.00	NA	NA
BP	20%	10.00	0.933	24.00	35% to 50%	0.480

Table 2-4-2-2A Density and Open Space by Zone
Zone	Min. OSR	Base Density²	Positive Increment³	Peak Density²	OSR Range at Peak Density	Negative Increment⁴
TABLE NOTES: 1. Density calculation may be modified in this zone. See Section 2-4-2-4, Density Adjustments for Specific Housing Types. 2. Units per acre. 3. Increase in density (units per acre) per one percent additional increment of open space, from the minimum OSR to the beginning of the OSR range at peak density. 4. Decrease in density (units per acre) per one percent additional increment in open space, from the end of the OSR range at peak density to 100% open space. NA = Not Applicable
RA	0%	0.06	0.002	0.20	70% to 95%	0.040
RL	10%, 20%. 30% or 40%	1.58	0.057	5.00	70% to 80%	0.250
RM	10%, 20%, 30% or 40%	5.00	0.350	12.00	30% to 50%	0.240
RH	10%	12.00	1.200	24.00	20% to 35%	0.369
MU-N¹	10%	6.00	.600	12.00	20% to 35%	0.369
MU-A¹	10%	10.00	0.933	24.00	25% to 35%	0.369
CB	0%	42.00	NA	42.00	NA	NA
BP	20%	10.00	0.933	24.00	35% to 50%	0.480

Table 2-4-2-2A Density and Open Space by Zone
Zone	Min. OSR	Base Density²	Positive Increment³	Peak Density²	OSR Range at Peak Density	Negative Increment⁴
TABLE NOTES: 1. Density calculation may be modified in this zone. See Section 2-4-2-4, Density Adjustments for Specific Housing Types. 2. Units per acre. 3. Increase in density (units per acre) per one percent additional increment of open space, from the minimum OSR to the beginning of the OSR range at peak density. 4. Decrease in density (units per acre) per one percent additional increment in open space, from the end of the OSR range at peak density to 100% open space. NA = Not Applicable
RA	0%	0.06	0.002	0.20	70% to 95%	0.040
RL	10%, 20%. 30% or 40%	1.58	0.057	5.00	70% to 80%	0.250
RM	10%, 20%, 30% or 40%	5.00	0.350	12.00	30% to 50%	0.240
RH	10%	12.00	1.200	24.00	20% to 35%	0.369
MU-N¹	10%	6.00	.600	12.00	20% to 35%	0.369
MU-A¹	10%	10.00	0.933	24.00	25% to 35%	0.369
CB	0%	42.00	NA	42.00	NA	NA
BP	20%	10.00	0.933	24.00	35% to 50%	0.480

Table 2-4-2-2A Density and Open Space by Zone
Zone	Min. OSR	Base Density²	Positive Increment³	Peak Density²	OSR Range at Peak Density	Negative Increment⁴
TABLE NOTES: 1. Density calculation may be modified in this zone. See Section 2-4-2-4, Density Adjustments for Specific Housing Types. 2. Units per acre. 3. Increase in density (units per acre) per one percent additional increment of open space, from the minimum OSR to the beginning of the OSR range at peak density. 4. Decrease in density (units per acre) per one percent additional increment in open space, from the end of the OSR range at peak density to 100% open space. NA = Not Applicable
RA	0%	0.06	0.002	0.20	70% to 95%	0.040
RL	10%, 20%. 30% or 40%	1.58	0.057	5.00	70% to 80%	0.250
RM	10%, 20%, 30% or 40%	5.00	0.350	12.00	30% to 50%	0.240
RH	10%	12.00	1.200	24.00	20% to 35%	0.369
MU-N¹	10%	6.00	.600	12.00	20% to 35%	0.369
MU-A¹	10%	10.00	0.933	24.00	25% to 35%	0.369
CB	0%	42.00	NA	42.00	NA	NA
BP	20%	10.00	0.933	24.00	35% to 50%	0.480

Figure 2-4-2-2 Illustrative Application of Density Increments

D.
Alternative Compliance with Common Open Space Requirements. The minimum open space ratio (OSR) requirements may be met by preserving an equivalent amount of common open space on private property, if all of the following conditions exist:
1. 1.
  The proposed development has fewer than 10 dwelling units;
2. 2.
  The plat includes building envelopes and, as appropriate, designated landscape areas, which ensure that:
  1. a.
    Applicable yard requirements of the housing palette are met (See Division 3-2-2, Housing Palette; and, in addition;
  2. b.
    Development is not allowed in areas that are used to meet the open space requirement.
3. 3.
  The drainage plan shows how drainage will be conveyed within the right-of-way to an off-site stormwater treatment facility;
4. 4.
  The allocation of open space to individual lot or property owners does not materially affect wildlife of interest (e.g., if covenants regarding fencing and retaining walls are necessary to protect wildlife of interest, then such covenants shall be provided);
5. 5.
  Bufferyards, if required (See Division 4-6-3, Buffering Requirements), are identified on the plat as landscape easements that must be maintained by the lot owner(s) who are subject to the easement; and
6. 6.
  Covenants, conditions, and restrictions:
  1. a.
    Require the ongoing maintenance of landscape easements (where such easements exist) by the lot owner(s); and
  2. b.
    The documents shall provide that this maintenance requirement is enforceable by the City and shall not be amended without the consent of the City Council.
E.
On-Site Recreation and Leisure Areas. Residential development shall provide commonly-owned landscaped outdoor areas that are designed for recreation and leisure activities as set out in Table 2-4-2-2B, On-Site Recreation and Leisure Areas.
1. 1.
  Fee In-Lieu. The City may, at its option, require a fee in-lieu of land dedication under the following circumstances (see Section 5-2-2-4, Fees-in-Lieu of Park Dedication):
  1. a.
    If the residential development does not meet a one acre threshold for providing neighborhood or community parkland;
  2. b.
    Where the proposed parkland does not meet the standards set out in Subsection 3, below;
  3. c.
    When a replat is submitted with increased density; or
  4. d.
    When the City determines that sufficient neighborhood or community park area is already in the public domain in the vicinity (generally within one-half mile or up to one mile if accessible by a trail) of the proposed development, or the potential for that area would be better served by expanding or improving an existing neighborhood or community park or constructing a larger community park suitable for several neighborhoods.
2. 2.
  Park Development.
  1. a.
    There are three types of on-site recreation and leisure areas displayed in Table 2-4-2-2B, On-Site Recreation and Leisure Areas. Generally, if a development includes at least the number of dwelling units set out in the "threshold" column for a particular type of recreation and leisure area, then the area is required. If the threshold is not met, either the "minimum contiguous area" must be provided or fee in-lieu is required.
  2. b.
    The area that must be provided for on-site recreation and leisure must be the greater of:
    i.
    The area listed in Table 2-4-2-2B, On-Site Recreation and Leisure Areas as "minimum contiguous area"; or
    ii.
    The area calculated by multiplying the number of dwelling units (d.u.) in the development by the "Min. Area Per D.U."
  3. c.
    If the total area required for an on-site neighborhood or community park exceeds the maximum contiguous area, then multiple separate areas shall be provided which, taken together, must meet the standards of Table 2-4-2-2B, On-Site Recreation and Leisure Areas. Alternatively, at the discretion of the Administrator in consultation with the Director of Parks and Recreation, if feasible, all required acreage and amenities may be combined to develop one or more on-site neighborhood or community parks.
  4. d.
    On-site recreation and leisure areas may be counted as part of the required open space ratio (OSR) on the parcel proposed for development, as set out in Division 2-4-2, Residential Development Yield.
  5. e.
    On-site recreation and leisure areas shall be developed in accordance with this LUDC when the development meets the threshold for them, but does not meet the threshold for on-site "neighborhood parks" or "community parks."
  6. f.
    Where required, on-site "neighborhood parks" shall be developed in accordance with the standards for neighborhood parks in the most current adopted POST&R Plan, together with the standards of Subsection 3, below.
  7. g.
    Where required, on-site "community parks" shall be developed in accordance with the standards for community parks in the most current adopted POST&R Plan, together with the standards of Subsection 3, below.
  8. h.
    If the actual number of completed dwelling units exceed the figure upon which the original dedication or fee in-lieu was calculated, such additional dedication or fee in-lieu shall be required, and shall be made by payment of fee in-lieu of land dedication, or by conveyance of an equivalent land area provided such area is at least one acre. All new lots within a replat or addition to an existing subdivision shall comply with the recreation area dedication or fee in-lieu requirements set out in this Subsection.
3. 3.
  Park Development Standards. Recreation and leisure areas that are developed and conveyed to the City shall meet the standards of the most current adopted POST&R Plan, together with the following standards, unless the Administrator in consultation with the Director of Parks and Recreation, approves an alternative design:
  1. a.
    The recreation and leisure area shall have frontage on a public street that is equal to or greater in length than the square root of the total square footage of area to be conveyed;
  2. b.
    Recreation and leisure area that is adjacent to a designated trail shall be designed and located to allow for an extension of the trail or a connection of the trail to a public or private park;
  3. c.
    A minimum of 50 percent of the dedicated recreation and leisure area shall be outside of the 100-year floodplain and shall have topography that is suitable for active park purposes;
  4. d.
    Recreation and leisure areas shall not be encumbered with existing or proposed public utility easements or drainage channels that would unduly restrict the development of the site for active park or recreational purposes;
  5. e.
    A proposed subdivision adjacent to a recreation area shall not be designed to restrict reasonable access to or visibility into the park, e.g., no lots shall have their rear yard abutting a public park unless public access is provided each 400 feet, or portion thereof;
  6. f.
    Street connections between residential neighborhoods shall be provided, wherever practicable, to provide reasonable access to recreation areas for all residents within the one-half mile (neighborhood) or one mile (community) service area of such parks;
  7. g.
    In any instance where acreage is dedicated to the City or a property owners’ association as a recreation and leisure area under this Subsection, unless public street access is determined sufficient by the Administrator in consultation with the Director of Parks and Recreation,, the dedicating party shall also dedicate a cleared access of at least 24 feet in width from a publicly dedicated street to the recreation area;
  8. h.
    On a case-by-case basis, areas within a school site may be utilized to meet up to 50 percent of the recreation and leisure area requirements upon acceptance of the Durango School District 9-R Board of Education, recommendations of the Parks and Recreation Advisory Board and Community Development Commission, and approval of the City Council;
  9. i.
    The location of a recreation and leisure area may be required at the edge of a subdivision so that additional land may be added at such time as adjacent land is subdivided or acquired for public use;
  10. j.
    Any residential street built adjacent to a recreation and leisure area shall be constructed to accommodate pedestrians and bicycles to ensure safe access and to prevent traffic congestion;
  11. k.
    Recreational areas and playground equipment shall be in accordance with the U.S. Consumer Products Safety Commission Publication 325, as amended from time to time;
  12. l.
    Sites should have and shall retain existing trees and other scenic elements; and
  13. m.
    Where a nonresidential use abuts a recreation area, the use must be separated by a 40 percent opacity bufferyard. (See Section 4-6-3-2, Standard Bufferyards.)
4. 4.
  Documentation.
  1. a.
    Conceptual Development Plan. Recreation and leisure areas to be conveyed or privately-owned shall be designated on the conceptual development plan with its general location and acreage denoted.
  2. b.
    Preliminary and Final Plats. Recreation areas to be conveyed shall be designated as a "reserve" on both the preliminary and final plats and designated as "Recreation Area Dedicated to the City of Durango", with the perimeter dimensions and acreage denoted. A note referencing the dedication shall be placed on the final plat. Parkland to be privately-owned shall be designated as a "private park reserve" and so noted on both the preliminary and final plats.
  3. c.
    Deed Required. Prior to recording the final plat, the subdivider shall deliver to the City a deed, in a form approved by the City Attorney, conveying the recreation area shown on the final plat. The recreation area deeded to the City shall not be subject to reservations of record, encumbrances, or easements that will interfere with the use of the land for recreation purposes. The deed delivered to the City shall be recorded in conjunction with and at the same time as the recordation of the final plat.
5. 5.
  Exemptions. This Subsection shall not apply and have no effect on the following:
  1. a.
    Alterations or expansions of an existing residential unit or building of multiple units where no additional residential units are created and where the use is not changed;
  2. b.
    The construction of accessory buildings or structures (but including accessory dwelling units); and
  3. c.
    The replacement of a destroyed or partially destroyed residential unit or building or multiple units with a new building of the same number of units and use.
6. 6.
  Private Park Development. See Section 5-2-2-3, Credit for Private Park Facilities.

Table 2-4-2-2B On-Site Recreation and Leisure Areas
Zone	On-Site Recreation and Leisure Areas			On-Site "Neighborhood Parks"			On-Site "Community Parks"
Zone	Threshold	Min. Contiguous Area	Min. Area Per D.U.	Threshold	Contiguous Area	Min. Area Per D.U.	Threshold	Contiguous Area	Min. Area Per D.U.
RA	NA	NA	NA	152 d.u.s	1 acre to 10 acres	287 sf.	91 d.u.s	10+ acres	478 sf.
RL	NA	NA	NA
RM	20 d.u.s	5,000 sf.	48 sf.
RH	20 d.u.s	3,000 sf.	48 sf.
MU-N	20 d.u.s	3,000 sf.	48 sf.
MU-A	20 d.u.s	3,000 sf.	48 sf.
BP	20 d.u.s	5,000 sf.	48 sf.
TABLE NOTES: NA = Not Applicable

Table 2-4-2-2B On-Site Recreation and Leisure Areas
Zone	On-Site Recreation and Leisure Areas			On-Site "Neighborhood Parks"			On-Site "Community Parks"
Zone	Threshold	Min. Contiguous Area	Min. Area Per D.U.	Threshold	Contiguous Area	Min. Area Per D.U.	Threshold	Contiguous Area	Min. Area Per D.U.
RA	NA	NA	NA	152 d.u.s	1 acre to 10 acres	287 sf.	91 d.u.s	10+ acres	478 sf.
RL	NA	NA	NA
RM	20 d.u.s	5,000 sf.	48 sf.
RH	20 d.u.s	3,000 sf.	48 sf.
MU-N	20 d.u.s	3,000 sf.	48 sf.
MU-A	20 d.u.s	3,000 sf.	48 sf.
BP	20 d.u.s	5,000 sf.	48 sf.
TABLE NOTES: NA = Not Applicable

Table 2-4-2-2B On-Site Recreation and Leisure Areas
Zone	On-Site Recreation and Leisure Areas			On-Site "Neighborhood Parks"			On-Site "Community Parks"
Zone	Threshold	Min. Contiguous Area	Min. Area Per D.U.	Threshold	Contiguous Area	Min. Area Per D.U.	Threshold	Contiguous Area	Min. Area Per D.U.
RA	NA	NA	NA	152 d.u.s	1 acre to 10 acres	287 sf.	91 d.u.s	10+ acres	478 sf.
RL	NA	NA	NA
RM	20 d.u.s	5,000 sf.	48 sf.
RH	20 d.u.s	3,000 sf.	48 sf.
MU-N	20 d.u.s	3,000 sf.	48 sf.
MU-A	20 d.u.s	3,000 sf.	48 sf.
BP	20 d.u.s	5,000 sf.	48 sf.
TABLE NOTES: NA = Not Applicable

Table 2-4-2-2B On-Site Recreation and Leisure Areas
Zone	On-Site Recreation and Leisure Areas			On-Site "Neighborhood Parks"			On-Site "Community Parks"
Zone	Threshold	Min. Contiguous Area	Min. Area Per D.U.	Threshold	Contiguous Area	Min. Area Per D.U.	Threshold	Contiguous Area	Min. Area Per D.U.
RA	NA	NA	NA	152 d.u.s	1 acre to 10 acres	287 sf.	91 d.u.s	10+ acres	478 sf.
RL	NA	NA	NA
RM	20 d.u.s	5,000 sf.	48 sf.
RH	20 d.u.s	3,000 sf.	48 sf.
MU-N	20 d.u.s	3,000 sf.	48 sf.
MU-A	20 d.u.s	3,000 sf.	48 sf.
BP	20 d.u.s	5,000 sf.	48 sf.
TABLE NOTES: NA = Not Applicable

Effective on: 2/1/2024

Sec. 2-4-2-3 Affordable and Attainable Housing Bonuses

Generally. The bonuses in this Section are available to promote the development of affordable and attainable housing units.
Density and Open Space Adjustments for Affordable Housing. Set out in Table 2-4-2-3, Density and Open Space for Affordable Housing by Zone, is the minimum required open space and allowable densities for development in the RM, RH, or BP zones, if at least 16 percent of the dwelling units are subject to a fair share affordable housing agreement. (See Article 5-4, Fair Share Housing.)

Table 2-4-2-3 Density and Open Space for Affordable Housing by Zone
Zone	Min. OSR	Base Density²	Positive Increment³	Peak Density²	OSR Range at Peak Density	Negative Increment⁴
TABLE NOTES: Density calculation may be modified in this zone. See Section 2-4-2-4, Density Adjustments for Specific Housing Types. Units per acre. Increase in density (units per acre) per one percent additional increment of open space, from the minimum OSR to the beginning of the OSR range at peak density. Decrease in density (units per acre) per one percent additional increment in open space, from the end of the OSR range at peak density to 100% open space.
RM	10%	8.00	0.60	14.00	30% to 45%	0.37
RH	10%	10.00	1.00	25.00	25% to 40%	0.42
BP	10%	10.00	1.00	25.00	25% to 40%	0.42

Table 2-4-2-3 Density and Open Space for Affordable Housing by Zone
Zone	Min. OSR	Base Density²	Positive Increment³	Peak Density²	OSR Range at Peak Density	Negative Increment⁴
TABLE NOTES: Density calculation may be modified in this zone. See Section 2-4-2-4, Density Adjustments for Specific Housing Types. Units per acre. Increase in density (units per acre) per one percent additional increment of open space, from the minimum OSR to the beginning of the OSR range at peak density. Decrease in density (units per acre) per one percent additional increment in open space, from the end of the OSR range at peak density to 100% open space.
RM	10%	8.00	0.60	14.00	30% to 45%	0.37
RH	10%	10.00	1.00	25.00	25% to 40%	0.42
BP	10%	10.00	1.00	25.00	25% to 40%	0.42

Table 2-4-2-3 Density and Open Space for Affordable Housing by Zone
Zone	Min. OSR	Base Density²	Positive Increment³	Peak Density²	OSR Range at Peak Density	Negative Increment⁴
TABLE NOTES: Density calculation may be modified in this zone. See Section 2-4-2-4, Density Adjustments for Specific Housing Types. Units per acre. Increase in density (units per acre) per one percent additional increment of open space, from the minimum OSR to the beginning of the OSR range at peak density. Decrease in density (units per acre) per one percent additional increment in open space, from the end of the OSR range at peak density to 100% open space.
RM	10%	8.00	0.60	14.00	30% to 45%	0.37
RH	10%	10.00	1.00	25.00	25% to 40%	0.42
BP	10%	10.00	1.00	25.00	25% to 40%	0.42

Table 2-4-2-3 Density and Open Space for Affordable Housing by Zone
Zone	Min. OSR	Base Density²	Positive Increment³	Peak Density²	OSR Range at Peak Density	Negative Increment⁴
TABLE NOTES: Density calculation may be modified in this zone. See Section 2-4-2-4, Density Adjustments for Specific Housing Types. Units per acre. Increase in density (units per acre) per one percent additional increment of open space, from the minimum OSR to the beginning of the OSR range at peak density. Decrease in density (units per acre) per one percent additional increment in open space, from the end of the OSR range at peak density to 100% open space.
RM	10%	8.00	0.60	14.00	30% to 45%	0.37
RH	10%	10.00	1.00	25.00	25% to 40%	0.42
BP	10%	10.00	1.00	25.00	25% to 40%	0.42

Effective on: 7/1/2014

Sec. 2-4-2-4 Density Adjustments for Specific Housing Types

A.
Generally. The standards of this Section are used to adjust the calculation of density with respect to certain housing types.
B.
Adjustments to Calculation of Residential Development Yield. Table 2-4-2-4, Density Calculation Adjustments, provides standards for adjusting development density for cottages, and live-work and work-live units, permanent supportive housing, age restricted housing and senior congregate care housing.

Table 2-4-2-4 Density Calculation Adjustments
Type of Development	Adjustment	District in Which Adjustment is Allowed
Cottages	1 cottage = 0.9 dwelling units	Any district in which cottages are allowed (See Table 2-1-3-3, Residential, Transient Residential, and Overnight Accommodations).
Live-work units	1 live-work unit = 0.75 dwelling units	MU-A or PD
Work-live units	1 work-live unit = 0.50 dwelling units	MU-A, BP, or PD
Permanent Supportive Housing	1 permanent supportive housing unit = 0.50 dwelling units	PB, but only on the City Social Services Campus.
Age Restricted Housing	1 age restricted housing studio or 1 bedroom unit = 0.75 dwelling units	Any district in which age restricted units are allowed (See Table 2-1-3-3, Residential, Transient Residential, and Overnight Accommodations).
Senior Congregate Care Housing	1 senior congregate care housing unit = 0.50 dwelling units	Any district in which senior congregate care housing units are allowed (See Table 2-1-3-3, Residential, Transient Residential, and Overnight Accommodations).

Effective on: 4/30/2019

Sec. 2-4-3-1 Landscape Surface Ratio (LSR) by Zone

Generally. The standards of this Section apply to established neighborhoods, nonresidential development, and mixed-use development, except:
1. Traditional neighborhood developments; and
2. The adaptive re-use of a residential building for nonresidential purposes (in zones in which such re-use is allowed, or required for the use proposed), where the adaptive re-use does not involve expanding the footprint of the building or changing its residential appearance.
Required Landscape Surface Ratio (LSR). Required landscape surface ratios ("LSRs") for each zone are set out in Table 2-4-3-1, LSR by Zone. The LSR is the minimum portion of the parcel proposed for development that must be allocated to landscaping. However, if the application of Division 2-2-3, Specific Standards for Special, Limited, and Conditional Uses; Article 4-4, Natural and Archaeological Resources; and/or Article 4-6, Landscaping and Buffering, alone or in combination, result in a requirement that is greater than the area that is required by this Section, then the greater requirement applies instead of this Section.

Table 2-4-3-1 LSR by Zone
Zone	LSR
Established Neighborhood Zones
EN-1 and EN-2	15%
EN-3	45%
EN-4, EN-5 and EN-6	35%
EN-MF	15%
Residential Zones
RL	60%
RM	30%
RH	15%
Mixed-Use Zones
CB	0%
MU-N	10%
MU-A	10%
Nonresidential Zones
CG	15%
CR	15%
BP	20%
LI	15%
Agriculture and Open Space Zones
RA	80%
OS	98%

Table 2-4-3-1 LSR by Zone
Zone	LSR
Established Neighborhood Zones
EN-1 and EN-2	15%
EN-3	45%
EN-4, EN-5 and EN-6	35%
EN-MF	15%
Residential Zones
RL	60%
RM	30%
RH	15%
Mixed-Use Zones
CB	0%
MU-N	10%
MU-A	10%
Nonresidential Zones
CG	15%
CR	15%
BP	20%
LI	15%
Agriculture and Open Space Zones
RA	80%
OS	98%

Table 2-4-3-1 LSR by Zone
Zone	LSR
Established Neighborhood Zones
EN-1 and EN-2	15%
EN-3	45%
EN-4, EN-5 and EN-6	35%
EN-MF	15%
Residential Zones
RL	60%
RM	30%
RH	15%
Mixed-Use Zones
CB	0%
MU-N	10%
MU-A	10%
Nonresidential Zones
CG	15%
CR	15%
BP	20%
LI	15%
Agriculture and Open Space Zones
RA	80%
OS	98%

Table 2-4-3-1 LSR by Zone
Zone	LSR
Established Neighborhood Zones
EN-1 and EN-2	15%
EN-3	45%
EN-4, EN-5 and EN-6	35%
EN-MF	15%
Residential Zones
RL	60%
RM	30%
RH	15%
Mixed-Use Zones
CB	0%
MU-N	10%
MU-A	10%
Nonresidential Zones
CG	15%
CR	15%
BP	20%
LI	15%
Agriculture and Open Space Zones
RA	80%
OS	98%

Effective on: 7/1/2014

Sec. 2-4-3-2 Nonresidential Scale in Residential Zones

Generally. The purpose of the nonresidential scale standards is to ensure that nonresidential buildings that are constructed within residential zones are scaled such that they do not disrupt the development pattern of residential neighborhoods.
Applicability. These standards apply only in the MU-N, RL, RM, RH, and EN (all sub-districts) zoning districts. Where scale standards are provided in Division 2-2-3, Specific Standards for Special, Limited, and Conditional Uses, such standards supersede the standards of this Section.
Building Scale. The gross floor area of nonresidential buildings shall be limited based on the type of street from which primary access is taken, as provided in Table 2-4-3-2, Nonresidential Building Scale. These standards do not apply to public schools.

Table 2-4-3-2 Nonresidential Building Scale
Classification of Street from which Access is Taken	Maximum Nonresidential Gross Floor Area
Major Arterial	No Maximum
Minor Arterial, Except Third Avenue between West College Drive and 15th Street	15,000 sf.
Collector and Third Avenue between West College Drive and 15th Street	10,000 sf.
Local or Cul-de-sac	5,000 sf.

Table 2-4-3-2 Nonresidential Building Scale
Classification of Street from which Access is Taken	Maximum Nonresidential Gross Floor Area
Major Arterial	No Maximum
Minor Arterial, Except Third Avenue between West College Drive and 15th Street	15,000 sf.
Collector and Third Avenue between West College Drive and 15th Street	10,000 sf.
Local or Cul-de-sac	5,000 sf.

Table 2-4-3-2 Nonresidential Building Scale
Classification of Street from which Access is Taken	Maximum Nonresidential Gross Floor Area
Major Arterial	No Maximum
Minor Arterial, Except Third Avenue between West College Drive and 15th Street	15,000 sf.
Collector and Third Avenue between West College Drive and 15th Street	10,000 sf.
Local or Cul-de-sac	5,000 sf.

Table 2-4-3-2 Nonresidential Building Scale
Classification of Street from which Access is Taken	Maximum Nonresidential Gross Floor Area
Major Arterial	No Maximum
Minor Arterial, Except Third Avenue between West College Drive and 15th Street	15,000 sf.
Collector and Third Avenue between West College Drive and 15th Street	10,000 sf.
Local or Cul-de-sac	5,000 sf.

Alternative Compliance for Side-Street Access. The maximum nonresidential gross floor area for a parcel proposed for development that is bounded by streets of different classification may be based on a higher-order bounding street from which the parcel does not take access, provided that:
1. The street that provides access intersects with the higher-order bounding street; and
2. No residential front yards are located across the street in the area between the access to the nonresidential parcel and the higher-order bounding street. See Figure 2-4-3-2, Illustrative Alternative Compliance for Side Street Access.

Figure 2-4-3-2
Illustrative Alternative Compliance for Side Street Access

Effective on: 7/1/2014