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Durango City Zoning Code

CHAPTER 3

LOTS, BUILDINGS, AND STRUCTURES

Division 3-4-2 Downtown Historic Overlay District Standards

DDOZ: Downtown Design Overlay Zone Category

Sec. 3-1-1-1 Purpose of Article
  • Purpose. The EN (all sub-districts) and EN-MF zones are intended to provide for neighborhood stability while at the same time, allowing for reasonable expansion and new construction in established residential neighborhoods. The EN zones are generally characterized by medium and higher density single-family development, and the EN-MF zones are generally characterized by multifamily residential development that fits into the context of surrounding single-family development. The purpose of this Article is to set out the standards for development, redevelopment, and building expansions / modifications on individual lots in the EN (all sub-districts) and EN-MF zones.
  • Intent of EN Districts. The intent of the EN (all sub-districts) and EN-MF zones is to protect the quality and character of the City's established neighborhoods through regulations that limit height, bulk, and in some cases, design and massing, in order to:
    1. Assure that buildings are compatible in mass and scale with those of buildings seen traditionally in Durango's residential neighborhoods;
    2. Maintain the traditional scale of buildings as seen along the street;
    3. Minimize the visual impacts of larger buildings on adjacent properties;
    4. Promote access to light and air from adjacent properties;
    5. Encourage the preservation of historically significant buildings and structures;
    6. Reduce the visual impacts of impervious surfaces in the front yard setback area;
    7. Maintain the perception of the natural slope and promote stepping of building forms to follow site contours in areas with substantial topographic relief;
    8. Reduce the visual impact of cut and fill;
    9. Preserve and enhance the existing mature tree canopy in front yards; and
    10. Encourage design diversity by allowing for approval of alternative approaches to meeting the general standards of this Article through alternative compliance review (See Division 3-1-5, Alternative Compliance), where appropriate.
  • Effective on: 7/1/2014

    Sec. 3-1-1-2 Application of Article
  • Generally. The standards of this Article apply within the EN (all sub-districts) and EN-MF zones as indicated in each respective Section.
  • General Standards and Alternative Compliance. This Article provides for general standards and alternative compliance standards as follows:
    1. General Standards. General standards are the minimum standards that are applied to determine compliance with this LUDC. General standards apply to all development covered by this Article, unless the applicant requests processing using an alternative compliance standard. General standards are set out in Division 3-1-3, Design Standards Applicable within Multiple EN Zones; Division 3-1-2, Bulk and Intensity in EN and EN-MF Zones; and Division 3-1-4, Setback Reductions and Height Increases.
    2. Alternative Compliance Standards. Alternative compliance standards are alternative ways to comply with the requirements of this Article. Compliance with an alternative compliance standard is equivalent to compliance with a general standard that addresses the same aspect of the proposed development. It is not the intent of the City Council to limit the application of alternative compliance standards to special circumstances, but instead, to make design-based review routinely available to proposed development that does not strictly comply with the general standards of this Article. Alternative compliance standards are set out in Division 3-1-5, Alternative Compliance.
  • Effective on: 7/1/2014

    Sec. 3-1-1-3 Status of Existing Lots and Buildings in the EN Zones; Required Services
  • Protection of Existing Lots and Development.
    1. Lots within an EN or EN-MF zone that were lawfully created and existed as of the date the lot was designated EN or EN-MF are "conforming" to these regulations regardless of their dimensions. However, development of lots which are less than 4,000 square feet in area in the EN-1 and EN-2 zones is subject to design review. (See Division 3-1-5, Alternative Compliance.)
    2. Buildings within an EN or EN-MF zone that were lawfully constructed as of the date the lot was designated EN or EN-MF are "conforming" to these regulations regardless of their height, building coverage, floor area ratio, or setbacks.
    3. Multifamily and duplex residential dwelling units within an EN or EN-MF zone that were lawfully constructed as of the date that the lot was designated EN or EN-MF are "conforming" to these regulations with regard to density.
  • Restriction on Subdivision of Combined Lots. If two or more existing lots of record are combined for the purposes of development as of the effective date (i.e., an existing building footprint spans two or more lots), they shall not be subsequently split for the purposes of separate development, unless all of the resulting lots meet the applicable minimum requirements for frontage and lot area, which are set out for each zone in Division 3-1-2, Bulk and Intensity in EN and EN-MF Zones.
  • Required Utilities and Services. Development within EN or EN-MF zones must be provided with complete urban services and facilities.
  • Effective on: 7/1/2014

    Sec. 3-1-2-1 EN-1 (Old Durango) and EN-2 (Avenues) Zone Standards
    EN-1: Established Neighborhood - Old Durango CategoryEN-2: Established Neighborhood - 2nd and 3rd Avenues Category

    1. A.
      Generally. The standards of this Section apply to lots within the EN-1 and EN-2 zones.
    2. B.
      Setbacks for Principal and Accessory Buildings. In the EN-1 and EN-2 zones, principal and accessory buildings shall be set back from lot lines as set out in Table 3-1-2-1A, Setbacks: EN-1 Old Durango, EN-2 Avenues.
    Table 3-1-2-1A
    Setbacks: EN-1 Old Durango, EN-2 Avenues
    SetbackLot Area
    Up to 3,999 sf.4,000 to 7,499 sf.7,500 sf. or more
    Minimum Setbacks from Streetside Lot Lines (principal and accessory buildings) (ft.)

    TABLE NOTES:

    1. 1.
      A contextual front setback adjustment may be allowed. See Section 3-1-4-1, Contextual Front Setback Adjustment.
    2. 2.
      Street-facing garage doors are limited as provided in Section 3-1-3-6, Garages.
    3. 3.
      See Section 2-3-2-3, Accessory Dwelling Units, for accessory dwelling unit standards; see Section 3-5-1-1, Fences and Garden Walls, for fence standards.
    4. 4.
      Flexibility for a second unit on a single lot may be allowed through design review. See Division 3-1-5, Alternative Compliance.
    Principal Building Front Setback1202020
    Principal and Accessory Building Corner Lot Street Side Setback1151515
    Principal Building Corner Lot Street Side Setback for Garage if Garage Door Faces Side Street218.518.518.5
    Accessory Building Front Setbackbehind a rear-facing wall of principal buildingbehind a rear-facing wall of principal buildingbehind a rear-facing wall of principal building
    Minimum Setbacks from Interior Side Lot Lines (ft.)
    Principal Buildings: Minimum Single Side555
    Principal Buildings: Minimum Sum of Both Sides101010
    Accessory Buildings and Structures (except accessory dwelling units and fences)3335
    Setbacks from Rear Lot Lines (ft.)
    Principal Buildings on lots that are less than 120 feet deep202020
    Principal Buildings on lots that are 120 feet deep or more4040404
    Accessory Buildings and Structures (except accessory dwelling units and fences) (min.)3333
    Accessory Buildings and Structures (except accessory dwelling units and fences) (max.)3202020
    Table 3-1-2-1A
    Setbacks: EN-1 Old Durango, EN-2 Avenues
    SetbackLot Area
    Up to 3,999 sf.4,000 to 7,499 sf.7,500 sf. or more
    Minimum Setbacks from Streetside Lot Lines (principal and accessory buildings) (ft.)

    TABLE NOTES:

    1. 1.
      A contextual front setback adjustment may be allowed. See Section 3-1-4-1, Contextual Front Setback Adjustment.
    2. 2.
      Street-facing garage doors are limited as provided in Section 3-1-3-6, Garages.
    3. 3.
      See Section 2-3-2-3, Accessory Dwelling Units, for accessory dwelling unit standards; see Section 3-5-1-1, Fences and Garden Walls, for fence standards.
    4. 4.
      Flexibility for a second unit on a single lot may be allowed through design review. See Division 3-1-5, Alternative Compliance.
    Principal Building Front Setback1202020
    Principal and Accessory Building Corner Lot Street Side Setback1151515
    Principal Building Corner Lot Street Side Setback for Garage if Garage Door Faces Side Street218.518.518.5
    Accessory Building Front Setbackbehind a rear-facing wall of principal buildingbehind a rear-facing wall of principal buildingbehind a rear-facing wall of principal building
    Minimum Setbacks from Interior Side Lot Lines (ft.)
    Principal Buildings: Minimum Single Side555
    Principal Buildings: Minimum Sum of Both Sides101010
    Accessory Buildings and Structures (except accessory dwelling units and fences)3335
    Setbacks from Rear Lot Lines (ft.)
    Principal Buildings on lots that are less than 120 feet deep202020
    Principal Buildings on lots that are 120 feet deep or more4040404
    Accessory Buildings and Structures (except accessory dwelling units and fences) (min.)3333
    Accessory Buildings and Structures (except accessory dwelling units and fences) (max.)3202020
    Table 3-1-2-1A
    Setbacks: EN-1 Old Durango, EN-2 Avenues
    SetbackLot Area
    Up to 3,999 sf.4,000 to 7,499 sf.7,500 sf. or more
    Minimum Setbacks from Streetside Lot Lines (principal and accessory buildings) (ft.)

    TABLE NOTES:

    1. 1.
      A contextual front setback adjustment may be allowed. See Section 3-1-4-1, Contextual Front Setback Adjustment.
    2. 2.
      Street-facing garage doors are limited as provided in Section 3-1-3-6, Garages.
    3. 3.
      See Section 2-3-2-3, Accessory Dwelling Units, for accessory dwelling unit standards; see Section 3-5-1-1, Fences and Garden Walls, for fence standards.
    4. 4.
      Flexibility for a second unit on a single lot may be allowed through design review. See Division 3-1-5, Alternative Compliance.
    Principal Building Front Setback1202020
    Principal and Accessory Building Corner Lot Street Side Setback1151515
    Principal Building Corner Lot Street Side Setback for Garage if Garage Door Faces Side Street218.518.518.5
    Accessory Building Front Setbackbehind a rear-facing wall of principal buildingbehind a rear-facing wall of principal buildingbehind a rear-facing wall of principal building
    Minimum Setbacks from Interior Side Lot Lines (ft.)
    Principal Buildings: Minimum Single Side555
    Principal Buildings: Minimum Sum of Both Sides101010
    Accessory Buildings and Structures (except accessory dwelling units and fences)3335
    Setbacks from Rear Lot Lines (ft.)
    Principal Buildings on lots that are less than 120 feet deep202020
    Principal Buildings on lots that are 120 feet deep or more4040404
    Accessory Buildings and Structures (except accessory dwelling units and fences) (min.)3333
    Accessory Buildings and Structures (except accessory dwelling units and fences) (max.)3202020
    Table 3-1-2-1A
    Setbacks: EN-1 Old Durango, EN-2 Avenues
    SetbackLot Area
    Up to 3,999 sf.4,000 to 7,499 sf.7,500 sf. or more
    Minimum Setbacks from Streetside Lot Lines (principal and accessory buildings) (ft.)

    TABLE NOTES:

    1. 1.
      A contextual front setback adjustment may be allowed. See Section 3-1-4-1, Contextual Front Setback Adjustment.
    2. 2.
      Street-facing garage doors are limited as provided in Section 3-1-3-6, Garages.
    3. 3.
      See Section 2-3-2-3, Accessory Dwelling Units, for accessory dwelling unit standards; see Section 3-5-1-1, Fences and Garden Walls, for fence standards.
    4. 4.
      Flexibility for a second unit on a single lot may be allowed through design review. See Division 3-1-5, Alternative Compliance.
    Principal Building Front Setback1202020
    Principal and Accessory Building Corner Lot Street Side Setback1151515
    Principal Building Corner Lot Street Side Setback for Garage if Garage Door Faces Side Street218.518.518.5
    Accessory Building Front Setbackbehind a rear-facing wall of principal buildingbehind a rear-facing wall of principal buildingbehind a rear-facing wall of principal building
    Minimum Setbacks from Interior Side Lot Lines (ft.)
    Principal Buildings: Minimum Single Side555
    Principal Buildings: Minimum Sum of Both Sides101010
    Accessory Buildings and Structures (except accessory dwelling units and fences)3335
    Setbacks from Rear Lot Lines (ft.)
    Principal Buildings on lots that are less than 120 feet deep202020
    Principal Buildings on lots that are 120 feet deep or more4040404
    Accessory Buildings and Structures (except accessory dwelling units and fences) (min.)3333
    Accessory Buildings and Structures (except accessory dwelling units and fences) (max.)3202020
    1. C.
      Intensity. Table 3-1-2-1B, Intensity: EN-1 Old Durango, EN-2 Avenues, sets out the maximum building coverage, maximum floor area ratio (FAR), and minimum one-story element areas in the EN-1 and EN-2 zones. Alternatives to these standards, which may be routinely applied, are set out in Section 3-1-5-3, Building Coverage or Floor Area Ratio (FAR) Increase.
    Table 3-1-2-1B
    Intensity: EN-1 Old Durango, EN-2 Avenues
    Intensity or Design StandardLot Area
    Up to 3,999 sf.4,000 to 7,499 sf.7,500 sf. or more
    Max. Building Coverage for Principal and Accessory Buildings Combined35%35%35%
    Max. Floor Area Ratio (FAR) for Principal and Accessory Buildings Combined0.500.450.45
    Min. One-Story Element Area (for new construction) (see Section 3-1-3-3, One-Story Elements)60 sf.60 sf.80 sf.

    TABLE NOTES:

    1. 1.
      See Section 3-1-4-3, Detached Garage Bonus, regarding an exclusion of up to 450 square feet from the calculation of Floor Area Ratio (FAR) for detached garages in the EN Districts.
    Table 3-1-2-1B
    Intensity: EN-1 Old Durango, EN-2 Avenues
    Intensity or Design StandardLot Area
    Up to 3,999 sf.4,000 to 7,499 sf.7,500 sf. or more
    Max. Building Coverage for Principal and Accessory Buildings Combined35%35%35%
    Max. Floor Area Ratio (FAR) for Principal and Accessory Buildings Combined0.500.450.45
    Min. One-Story Element Area (for new construction) (see Section 3-1-3-3, One-Story Elements)60 sf.60 sf.80 sf.

    TABLE NOTES:

    1. 1.
      See Section 3-1-4-3, Detached Garage Bonus, regarding an exclusion of up to 450 square feet from the calculation of Floor Area Ratio (FAR) for detached garages in the EN Districts.
    Table 3-1-2-1B
    Intensity: EN-1 Old Durango, EN-2 Avenues
    Intensity or Design StandardLot Area
    Up to 3,999 sf.4,000 to 7,499 sf.7,500 sf. or more
    Max. Building Coverage for Principal and Accessory Buildings Combined35%35%35%
    Max. Floor Area Ratio (FAR) for Principal and Accessory Buildings Combined0.500.450.45
    Min. One-Story Element Area (for new construction) (see Section 3-1-3-3, One-Story Elements)60 sf.60 sf.80 sf.

    TABLE NOTES:

    1. 1.
      See Section 3-1-4-3, Detached Garage Bonus, regarding an exclusion of up to 450 square feet from the calculation of Floor Area Ratio (FAR) for detached garages in the EN Districts.
    Table 3-1-2-1B
    Intensity: EN-1 Old Durango, EN-2 Avenues
    Intensity or Design StandardLot Area
    Up to 3,999 sf.4,000 to 7,499 sf.7,500 sf. or more
    Max. Building Coverage for Principal and Accessory Buildings Combined35%35%35%
    Max. Floor Area Ratio (FAR) for Principal and Accessory Buildings Combined0.500.450.45
    Min. One-Story Element Area (for new construction) (see Section 3-1-3-3, One-Story Elements)60 sf.60 sf.80 sf.

    TABLE NOTES:

    1. 1.
      See Section 3-1-4-3, Detached Garage Bonus, regarding an exclusion of up to 450 square feet from the calculation of Floor Area Ratio (FAR) for detached garages in the EN Districts.
    1. D.
      Standard Building Height. Principal and accessory buildings shall not exceed the maximum height that is set out in Table 3-1-2-1C, Building Height: EN-1 Old Durango, EN-2 Avenues, except as provided in Subsection E., below, or as may be allowed by the application of alternative compliance standards set out in Division 3-1-5, Alternative Compliance, or as may be allowed by application of Section 3-1-4-2, Standards for Increased Wall Plate Height.
    Table 3-1-2-1C
    Building Height: EN-1 Old Durango, EN-2 Avenues
    Building HeightLot Area
    Up to 3,999 sf.4,000 to 7,499 sf.7,500 sf. or more
    Maximum Height of Principal Buildings (ft.)
    Wall Plate Height, Sloping Roof17.517.517.5
    Overall Height, Sloping Roof262628
    Top of Parapet, Flat Roof161616
    Maximum Height of Accessory Buildings (ft.)
    Wall Height13.513.513.5
    Overall Building Height202020
    Minimum Plate Height Offset 
    Principal Structure446
    Accessory Structure244
    1. E.
      Building Height Bonus for Setback Increases. The maximum height of principal buildings may be increased to the maximum principal building height shown in Table 3-1-2-1D, Setback Bonus Building Height: EN-1 Old Durango, EN-2 Avenues, provided that all of the requirements in the applicable table column are met. See Figure 3-1-2-1A, Illustrative Application of Setback Bonus Height Standards: Option 1. The standards of this Subsection may not be applied in conjunction with the alternative compliance standards of Section 3-1-4-2, Standards for Increased Wall Plate Height.
    Table 3-1-2-1D
    Setback Bonus Building Height: EN-1 Old Durango, EN-2 Avenues
    StandardsZone
    Option 1Option 2

    TABLE NOTES:

    1. 1.
      The "specified building elements" are portions of the building which have different setback requirements than the principal building generally. One story elements may have smaller setbacks, while two-story elements must have greater setbacks if they are more than 16 feet wide.
    2. 2.
      Measured parallel to the side lot line. See Figure 3-1-2-1A, Illustrative Application of Setback Bonus Height Standards: Option 1, for details.

    NA = Not Applicable

    Maximum Principal Building Height
    Wall Plate Height20 ft.18 ft.
    Overall Building Height31 ft.28 ft.
    Minimum Lot Area
    Minimum Lot Area7,500 sf.NA
    Roof Style
    Roof StyleSlopedSloped
    Lot and Building Requirements
    Maximum Building Coverage30%30%
    Maximum Floor Area Ratio (FAR) of Principal Building0.420.42
    Building Wall Plane Requirements
    Maximum Width of Front Building Wall Plane, Without Offset16 ft.16 ft.
    Maximum Width of Side Building Wall Plane, Without Offset30 ft.30 ft.
    Minimum Building Separation or Offset Distance (horizontal only)6 ft.4 ft.
    Minimum Side Setbacks
    Principal Building, one side7 ft.7 ft.
    Principal Building, both sides (combined)20 ft.14 ft.
    Principal Building Side Setbacks for Specified Building Elements1
    Minimum Single Side, One-Story Element5 ft.5 ft.
    Minimum Single Side, Two-Story Element that is 16 Feet Wide or Less25 ft.5 ft.
    Minimum Single Side, Two-Story Element that is More than 16 Feet Wide210 ft.10 ft.
    Minimum Sum of Both Side Setbacks (all building elements)20 ft.20 ft.
    Table 3-1-2-1D
    Setback Bonus Building Height: EN-1 Old Durango, EN-2 Avenues
    StandardsZone
    Option 1Option 2

    TABLE NOTES:

    1. 1.
      The "specified building elements" are portions of the building which have different setback requirements than the principal building generally. One story elements may have smaller setbacks, while two-story elements must have greater setbacks if they are more than 16 feet wide.
    2. 2.
      Measured parallel to the side lot line. See Figure 3-1-2-1A, Illustrative Application of Setback Bonus Height Standards: Option 1, for details.

    NA = Not Applicable

    Maximum Principal Building Height
    Wall Plate Height20 ft.18 ft.
    Overall Building Height31 ft.28 ft.
    Minimum Lot Area
    Minimum Lot Area7,500 sf.NA
    Roof Style
    Roof StyleSlopedSloped
    Lot and Building Requirements
    Maximum Building Coverage30%30%
    Maximum Floor Area Ratio (FAR) of Principal Building0.420.42
    Building Wall Plane Requirements
    Maximum Width of Front Building Wall Plane, Without Offset16 ft.16 ft.
    Maximum Width of Side Building Wall Plane, Without Offset30 ft.30 ft.
    Minimum Building Separation or Offset Distance (horizontal only)6 ft.4 ft.
    Minimum Side Setbacks
    Principal Building, one side7 ft.7 ft.
    Principal Building, both sides (combined)20 ft.14 ft.
    Principal Building Side Setbacks for Specified Building Elements1
    Minimum Single Side, One-Story Element5 ft.5 ft.
    Minimum Single Side, Two-Story Element that is 16 Feet Wide or Less25 ft.5 ft.
    Minimum Single Side, Two-Story Element that is More than 16 Feet Wide210 ft.10 ft.
    Minimum Sum of Both Side Setbacks (all building elements)20 ft.20 ft.
    Table 3-1-2-1D
    Setback Bonus Building Height: EN-1 Old Durango, EN-2 Avenues
    StandardsZone
    Option 1Option 2

    TABLE NOTES:

    1. 1.
      The "specified building elements" are portions of the building which have different setback requirements than the principal building generally. One story elements may have smaller setbacks, while two-story elements must have greater setbacks if they are more than 16 feet wide.
    2. 2.
      Measured parallel to the side lot line. See Figure 3-1-2-1A, Illustrative Application of Setback Bonus Height Standards: Option 1, for details.

    NA = Not Applicable

    Maximum Principal Building Height
    Wall Plate Height20 ft.18 ft.
    Overall Building Height31 ft.28 ft.
    Minimum Lot Area
    Minimum Lot Area7,500 sf.NA
    Roof Style
    Roof StyleSlopedSloped
    Lot and Building Requirements
    Maximum Building Coverage30%30%
    Maximum Floor Area Ratio (FAR) of Principal Building0.420.42
    Building Wall Plane Requirements
    Maximum Width of Front Building Wall Plane, Without Offset16 ft.16 ft.
    Maximum Width of Side Building Wall Plane, Without Offset30 ft.30 ft.
    Minimum Building Separation or Offset Distance (horizontal only)6 ft.4 ft.
    Minimum Side Setbacks
    Principal Building, one side7 ft.7 ft.
    Principal Building, both sides (combined)20 ft.14 ft.
    Principal Building Side Setbacks for Specified Building Elements1
    Minimum Single Side, One-Story Element5 ft.5 ft.
    Minimum Single Side, Two-Story Element that is 16 Feet Wide or Less25 ft.5 ft.
    Minimum Single Side, Two-Story Element that is More than 16 Feet Wide210 ft.10 ft.
    Minimum Sum of Both Side Setbacks (all building elements)20 ft.20 ft.
    Table 3-1-2-1D
    Setback Bonus Building Height: EN-1 Old Durango, EN-2 Avenues
    StandardsZone
    Option 1Option 2

    TABLE NOTES:

    1. 1.
      The "specified building elements" are portions of the building which have different setback requirements than the principal building generally. One story elements may have smaller setbacks, while two-story elements must have greater setbacks if they are more than 16 feet wide.
    2. 2.
      Measured parallel to the side lot line. See Figure 3-1-2-1A, Illustrative Application of Setback Bonus Height Standards: Option 1, for details.

    NA = Not Applicable

    Maximum Principal Building Height
    Wall Plate Height20 ft.18 ft.
    Overall Building Height31 ft.28 ft.
    Minimum Lot Area
    Minimum Lot Area7,500 sf.NA
    Roof Style
    Roof StyleSlopedSloped
    Lot and Building Requirements
    Maximum Building Coverage30%30%
    Maximum Floor Area Ratio (FAR) of Principal Building0.420.42
    Building Wall Plane Requirements
    Maximum Width of Front Building Wall Plane, Without Offset16 ft.16 ft.
    Maximum Width of Side Building Wall Plane, Without Offset30 ft.30 ft.
    Minimum Building Separation or Offset Distance (horizontal only)6 ft.4 ft.
    Minimum Side Setbacks
    Principal Building, one side7 ft.7 ft.
    Principal Building, both sides (combined)20 ft.14 ft.
    Principal Building Side Setbacks for Specified Building Elements1
    Minimum Single Side, One-Story Element5 ft.5 ft.
    Minimum Single Side, Two-Story Element that is 16 Feet Wide or Less25 ft.5 ft.
    Minimum Single Side, Two-Story Element that is More than 16 Feet Wide210 ft.10 ft.
    Minimum Sum of Both Side Setbacks (all building elements)20 ft.20 ft.
    Figure 3-1-2-1A
    Illustrative Application of Setback Bonus Height Standards: Option 1

    FIGURE NOTES:

    1. 1.
      SS-1 is the minimum side yard setback (7 ft.)
    2. 2.
      SS-2 is the side yard setback that is required in order to have a "Principal Building, both sides (combined)" setback of 20 ft. (20 ft. minus SS-1 (7 ft.) = 13 ft.)
    3. 3.
      SS-3 is the minimum setback for the portion of the building with width "w" (5 ft.)
    4. 4.
      w is the maximum width of building at side setback SS-3 (16 ft.)
    5. 5.
      PH is the maximum wall plate height (20 ft.)
    6. 6.
      RH is the maximum ridge height (31 ft.)
    1. F.
      Subdivision and Lot Line Adjustment. All new lots shall meet the minimum requirements of this Subsection. In cases where lots are modified by lot line adjustments, the lot which is being reduced in area shall not be reduced below the minimum requirements of this Subsection.
      1. 1.
        Minimum Street Frontage: 35 ft.
      2. 2.
        Minimum Lot Area: 4,000 sf.

    Effective on: 4/30/2019

    Sec. 3-1-2-2 EN-3 (East Animas City) Zone Standards
    EN-3: Established Neighborhood - East Animas City Category

    1. Generally. The standards of this Section apply to lots within the EN-3 zone.
    2. Setbacks for Principal and Accessory Buildings. Principal and accessory buildings shall be set back from lot lines as set out in Table 3-1-2-2A, Setbacks: EN-3 East Animas City.
    Table 3-1-2-2A
    Setbacks: EN-3 East Animas City
    SetbackLot Area
    Up to 8,499 sf.8,500 to 11,999 sf.12,000 sf. or more

    TABLE NOTES:

    1. A contextual front setback adjustment may be allowed. See Section 3-1-4-1, Contextual Front Setback Reduction.
    2. Street-facing garage doors are limited as provided in Section 3-1-3-6, Garages.
    Minimum Setbacks from Streetside Lot Lines (ft.)
    Principal Building Front Setback1252525
    Principal and Accessory Building Corner Lot Side Setback1151515
    Principal Building Corner Lot Street Side Setback for Garage if Garage Door Faces Side Street218.518.518.5
    Accessory Building Front Setbackbehind a rear-facing wall of principal buildingbehind a rear-facing wall of principal buildingbehind a rear-facing wall of principal building
    Minimum Setbacks from Interior Side Lot Lines (ft.)
    Principal Buildings: Minimum Single Side577
    Principal Buildings: Minimum Sum of Both Sides101414
    Accessory Buildings and Structures (except fences)355
    Setbacks from Rear Lot Lines (ft.)
    Principal Buildings on lots that are less than 120 feet deep202020
    Principal Buildings on lots that are 120 feet deep or more404040
    Accessory Buildings and Structures (except fences) (min.)333
    Accessory Buildings and Structures (except fences) (max.)202020
    Table 3-1-2-2A
    Setbacks: EN-3 East Animas City
    SetbackLot Area
    Up to 8,499 sf.8,500 to 11,999 sf.12,000 sf. or more

    TABLE NOTES:

    1. A contextual front setback adjustment may be allowed. See Section 3-1-4-1, Contextual Front Setback Reduction.
    2. Street-facing garage doors are limited as provided in Section 3-1-3-6, Garages.
    Minimum Setbacks from Streetside Lot Lines (ft.)
    Principal Building Front Setback1252525
    Principal and Accessory Building Corner Lot Side Setback1151515
    Principal Building Corner Lot Street Side Setback for Garage if Garage Door Faces Side Street218.518.518.5
    Accessory Building Front Setbackbehind a rear-facing wall of principal buildingbehind a rear-facing wall of principal buildingbehind a rear-facing wall of principal building
    Minimum Setbacks from Interior Side Lot Lines (ft.)
    Principal Buildings: Minimum Single Side577
    Principal Buildings: Minimum Sum of Both Sides101414
    Accessory Buildings and Structures (except fences)355
    Setbacks from Rear Lot Lines (ft.)
    Principal Buildings on lots that are less than 120 feet deep202020
    Principal Buildings on lots that are 120 feet deep or more404040
    Accessory Buildings and Structures (except fences) (min.)333
    Accessory Buildings and Structures (except fences) (max.)202020
    Table 3-1-2-2A
    Setbacks: EN-3 East Animas City
    SetbackLot Area
    Up to 8,499 sf.8,500 to 11,999 sf.12,000 sf. or more

    TABLE NOTES:

    1. A contextual front setback adjustment may be allowed. See Section 3-1-4-1, Contextual Front Setback Reduction.
    2. Street-facing garage doors are limited as provided in Section 3-1-3-6, Garages.
    Minimum Setbacks from Streetside Lot Lines (ft.)
    Principal Building Front Setback1252525
    Principal and Accessory Building Corner Lot Side Setback1151515
    Principal Building Corner Lot Street Side Setback for Garage if Garage Door Faces Side Street218.518.518.5
    Accessory Building Front Setbackbehind a rear-facing wall of principal buildingbehind a rear-facing wall of principal buildingbehind a rear-facing wall of principal building
    Minimum Setbacks from Interior Side Lot Lines (ft.)
    Principal Buildings: Minimum Single Side577
    Principal Buildings: Minimum Sum of Both Sides101414
    Accessory Buildings and Structures (except fences)355
    Setbacks from Rear Lot Lines (ft.)
    Principal Buildings on lots that are less than 120 feet deep202020
    Principal Buildings on lots that are 120 feet deep or more404040
    Accessory Buildings and Structures (except fences) (min.)333
    Accessory Buildings and Structures (except fences) (max.)202020
    Table 3-1-2-2A
    Setbacks: EN-3 East Animas City
    SetbackLot Area
    Up to 8,499 sf.8,500 to 11,999 sf.12,000 sf. or more

    TABLE NOTES:

    1. A contextual front setback adjustment may be allowed. See Section 3-1-4-1, Contextual Front Setback Reduction.
    2. Street-facing garage doors are limited as provided in Section 3-1-3-6, Garages.
    Minimum Setbacks from Streetside Lot Lines (ft.)
    Principal Building Front Setback1252525
    Principal and Accessory Building Corner Lot Side Setback1151515
    Principal Building Corner Lot Street Side Setback for Garage if Garage Door Faces Side Street218.518.518.5
    Accessory Building Front Setbackbehind a rear-facing wall of principal buildingbehind a rear-facing wall of principal buildingbehind a rear-facing wall of principal building
    Minimum Setbacks from Interior Side Lot Lines (ft.)
    Principal Buildings: Minimum Single Side577
    Principal Buildings: Minimum Sum of Both Sides101414
    Accessory Buildings and Structures (except fences)355
    Setbacks from Rear Lot Lines (ft.)
    Principal Buildings on lots that are less than 120 feet deep202020
    Principal Buildings on lots that are 120 feet deep or more404040
    Accessory Buildings and Structures (except fences) (min.)333
    Accessory Buildings and Structures (except fences) (max.)202020
    1. Intensity. Table 3-1-2-2B, Intensity: EN-3 East Animas City, sets out the maximum building coverage, maximum floor area ratio (FAR), and minimum one-story element areas in the EN-3 zone. Alternatives to these standards, which may be routinely applied, are set out in Section 3-1-5-3, Building Coverage or Floor Area Ratio (FAR) Increase.
    Table 3-1-2-2B
    Intensity: EN-3 East Animas City
    Intensity or Design StandardLot Area
    Up to 8,499 sf.8,500 to 11,999 sf.12,000 sf. or more
    Max. Building Coverage for Principal and Accessory Buildings Combined35%30%25%
    Max. Floor Area Ratio (FAR) for Principal and Accessory Buildings Combined0.450.450.45
    Min. One-Story Element Area (for new construction) (see Section 3-1-2-3, One-Story Elements)808080
    1. Building Height. Principal and accessory buildings shall not exceed the maximum height that is set out in Table 3-1-2-2C, Building Height: EN-3 East Animas City. Alternatives to these standards, which may be routinely applied, are set out in Section 3-1-4-2, Standards for Increased Wall Plate Height, and Division 3-1-4, Alternative Compliance.
    Table 3-1-2-2C
    Building Height: EN-3 East Animas City
    Building HeightLot Area
    Up to 8,499 sf.8,500 to 11,999 sf.12,000 sf. or more
    Maximum Height of Principal Buildings (ft.)
    Wall Height, Sloping Roof202020
    Overall Height, Sloping Roof292929
    Top of Parapet, Flat Roof222222
    Maximum Height of Accessory Buildings (ft.)
    Wall Height13.513.513.5
    Overall Building Height202020
    Minimum Plate Height Offset (ft.)
    Principal Structure446
    Accessory Structure444
    1. Subdivision and Lot Line Adjustment. All new lots shall meet the minimum requirements of this Subsection. In cases where lots are modified by lot line adjustments, the lot which is being reduced in area shall not be reduced below the minimum requirements of this Subsection.
      1. Minimum Street Frontage: 50 ft.
      2. Minimum Lot Area: 6,000 sf.

    Effective on: 4/30/2019

    Sec. 3-1-2-3 EN-4 (Crestview and Needham) and EN-5 (Riverview) Zone Standards
    EN-4: Established Neighborhood - Crestview and Needham CategoryEN-5: Established Neighborhood - Riverview Category

    1. A.
      Generally. The standards of this Section apply to lots within the EN-4 and EN-5 zones.
    2. B.
      Lot and Density Standards. Lot and density standards for the EN-4 and EN-5 districts are set out in Table 3-1-2-3A, Lot and Density Standards: EN-4 Crestview and Needham, EN-5 Riverview.
    Table 3-1-2-3A
    Lot and Density Standards: EN-4 Crestview and Needham, EN-5 Riverview
    Lot and Density StandardsSubarea
    ABC
    Maximum Dwelling Units per Gross Acre854
    Minimum Lot Area per Single Family Unit (sf.)4,0006,0008,500
    Minimum Lot Area per Two-Family Structure (sf.)7,500Not AllowedNot Allowed
    Minimum Lot Width at Front Setback (ft.)355075
    Minimum Lot Street Frontage (ft.)355050
    1. C.
      Setbacks for Principal and Accessory Buildings. Principal and accessory buildings shall be set back from lot lines as set out in Table 3-1-2-3B, Setbacks: EN-4 Crestview and Needham, EN-5 Riverview.
    Table 3-1-2-3B
    Setbacks: EN-4 Crestview and Needham, EN-5 Riverview
    SetbackSubarea
    ABC

    TABLE NOTE:

    1. 1.
      A contextual front setback adjustment may be allowed. See Section 3-1-4-1, Contextual Front Setback Adjustment.
    Minimum Setbacks from Streetside Lot Lines (ft.)
    Principal Building Front Setback1202525
    Principal and Accessory Building Corner Lot Side Setback1151515
    Principal Building Corner Lot Street Side Setback for Garage if Garage Door Faces Side Street18.518.518.5
    Accessory Building Front Setbackbehind a rear-facing wall of principal buildingbehind a rear-facing wall of principal buildingbehind a rear-facing wall of principal building
    Minimum Setbacks from Interior Side Lot Lines (ft.)
    Principal Buildings: Minimum Single Side557
    Principal Buildings: Minimum Sum of Both Sides101014
    Accessory Buildings and Structures (except fences)333
    Minimum Setbacks from Rear Lot Lines (ft.)
    Principal Buildings152530
    Accessory Buildings and Structures (except fences)333
    Table 3-1-2-3B
    Setbacks: EN-4 Crestview and Needham, EN-5 Riverview
    SetbackSubarea
    ABC

    TABLE NOTE:

    1. 1.
      A contextual front setback adjustment may be allowed. See Section 3-1-4-1, Contextual Front Setback Adjustment.
    Minimum Setbacks from Streetside Lot Lines (ft.)
    Principal Building Front Setback1202525
    Principal and Accessory Building Corner Lot Side Setback1151515
    Principal Building Corner Lot Street Side Setback for Garage if Garage Door Faces Side Street18.518.518.5
    Accessory Building Front Setbackbehind a rear-facing wall of principal buildingbehind a rear-facing wall of principal buildingbehind a rear-facing wall of principal building
    Minimum Setbacks from Interior Side Lot Lines (ft.)
    Principal Buildings: Minimum Single Side557
    Principal Buildings: Minimum Sum of Both Sides101014
    Accessory Buildings and Structures (except fences)333
    Minimum Setbacks from Rear Lot Lines (ft.)
    Principal Buildings152530
    Accessory Buildings and Structures (except fences)333
    Table 3-1-2-3B
    Setbacks: EN-4 Crestview and Needham, EN-5 Riverview
    SetbackSubarea
    ABC

    TABLE NOTE:

    1. 1.
      A contextual front setback adjustment may be allowed. See Section 3-1-4-1, Contextual Front Setback Adjustment.
    Minimum Setbacks from Streetside Lot Lines (ft.)
    Principal Building Front Setback1202525
    Principal and Accessory Building Corner Lot Side Setback1151515
    Principal Building Corner Lot Street Side Setback for Garage if Garage Door Faces Side Street18.518.518.5
    Accessory Building Front Setbackbehind a rear-facing wall of principal buildingbehind a rear-facing wall of principal buildingbehind a rear-facing wall of principal building
    Minimum Setbacks from Interior Side Lot Lines (ft.)
    Principal Buildings: Minimum Single Side557
    Principal Buildings: Minimum Sum of Both Sides101014
    Accessory Buildings and Structures (except fences)333
    Minimum Setbacks from Rear Lot Lines (ft.)
    Principal Buildings152530
    Accessory Buildings and Structures (except fences)333
    Table 3-1-2-3B
    Setbacks: EN-4 Crestview and Needham, EN-5 Riverview
    SetbackSubarea
    ABC

    TABLE NOTE:

    1. 1.
      A contextual front setback adjustment may be allowed. See Section 3-1-4-1, Contextual Front Setback Adjustment.
    Minimum Setbacks from Streetside Lot Lines (ft.)
    Principal Building Front Setback1202525
    Principal and Accessory Building Corner Lot Side Setback1151515
    Principal Building Corner Lot Street Side Setback for Garage if Garage Door Faces Side Street18.518.518.5
    Accessory Building Front Setbackbehind a rear-facing wall of principal buildingbehind a rear-facing wall of principal buildingbehind a rear-facing wall of principal building
    Minimum Setbacks from Interior Side Lot Lines (ft.)
    Principal Buildings: Minimum Single Side557
    Principal Buildings: Minimum Sum of Both Sides101014
    Accessory Buildings and Structures (except fences)333
    Minimum Setbacks from Rear Lot Lines (ft.)
    Principal Buildings152530
    Accessory Buildings and Structures (except fences)333
    1. D.
      Maximum Building Coverage. The maximum building coverage (for principal and accessory buildings combined) in the EN-4 and EN-5 zones is as follows:
      1. 1.
        Subarea A: 45 percent
      2. 2.
        Subarea B: 35 percent
      3. 3.
        Subarea C: 35 percent
    2. E.
      Building Height. The maximum building height in the EN-4 Zone is set out in Table 3-1-2-3C, Building Height: EN-4 Crestview and Needham, EN-5 Riverview.
    Table 3-1-2-3C
    Building Height: EN-4 Crestview and Needham, EN-5 Riverview
    Building HeightSubarea
    ABC
    Maximum Height of Principal Buildings (ft.)
    Wall Height, Sloping Roof222222
    Overall Height, Sloping Roof292929
    Top of Parapet, Flat Roof222222
    Maximum Height of Accessory Buildings (ft.)
    Wall Height121212
    Overall Building Height202020
    Minimum Plate Height Offset (ft.)
    Principal Structure466
    Accessory Structure444
    1. F.
      Subdivision and Lot Line Adjustment. All new lots shall meet the minimum requirements of this Subsection. In cases where lots are modified by lot line adjustments, the lot which is being reduced in area shall not be reduced below the minimum requirements of this Subsection.
      1. 1.
        Minimum Street Frontage: 50 ft.
      2. 2.
        Minimum Lot Area: 8,500 sf.
    2. G.
      Intensity. Table 3-1-2-3D, Intensity: EN-4 Crestview and Needham and EN-5 Riverview, sets out the maximum building coverage, maximum floor area ratio (FAR), and minimum one-story element areas in the EN-4 and 5 zones. Alternatives to these standards, which may be routinely applied, are set out in Section 3-1-5-4, Building Coverage or Floor Area Ratio (FAR) Increase.
    Table 3-1-2-3D
    Intensity: EN-4 Crestview and Needham, EN-5 Riverview
    Building HeightSubarea
    ABC
    Max. Building Coverage for Principal and Accessory Buildings Combined.45%35%35%
    Max. Floor Area Ratio (FAR) for Principal and Accessory Buildings Combined0.450.450.45
    Min. One-Story Element Area (for new construction) (see Section 3-1-2-3, One-Story Elements)808080

    Effective on: 4/30/2019

    Sec. 3-1-2-4 EN-6 Zone Standards

    1. Generally. The standards of this Section apply to lots within the EN-6 zone.
    2. Lot Area, Lot Width, and Street Frontage. The following standards apply to the creation of new lots or the modification of existing lots by replat or lot line adjustment:
      1. Minimum lot area: 8,500 sf.
      2. Minimum lot width: 75 ft.
      3. Minimum street frontage: 50 ft.
    3. Setbacks for Principal and Accessory Buildings. Principal and accessory buildings shall be set back from lot lines as set out in Table 3-1-2-4A, Setbacks: EN-6 Zone.
    Table 3-1-2-4A
    Setbacks: EN-6 Zone
    SetbackDistance (ft.)

    TABLE NOTE:

    1. A contextual front setback adjustment may be allowed. See Section 3-1-4-1, Contextual Front Setback Reduction.
    Minimum Setbacks from Streetside Lot Lines (ft.)
    Principal Building Front Setback125
    Principal and Accessory Building Corner Lot Side Setback115
    Principal Building Corner Lot Street Side Setback for Garage if Garage Door Faces Side Street18.5
    Accessory Buildingbehind a rear-facing wall of principal building
    Minimum Setbacks from Interior Side Lot Lines (ft.)
    Principal Buildings: Minimum Single Side7
    Principal Buildings: Minimum Sum of Both Sides14
    Accessory Buildings and Structures (except fences)3
    Setbacks from Rear Lot Lines (ft.)
    Principal Buildings30
    Accessory Buildings and Structures (except fences)3
    Table 3-1-2-4A
    Setbacks: EN-6 Zone
    SetbackDistance (ft.)

    TABLE NOTE:

    1. A contextual front setback adjustment may be allowed. See Section 3-1-4-1, Contextual Front Setback Reduction.
    Minimum Setbacks from Streetside Lot Lines (ft.)
    Principal Building Front Setback125
    Principal and Accessory Building Corner Lot Side Setback115
    Principal Building Corner Lot Street Side Setback for Garage if Garage Door Faces Side Street18.5
    Accessory Buildingbehind a rear-facing wall of principal building
    Minimum Setbacks from Interior Side Lot Lines (ft.)
    Principal Buildings: Minimum Single Side7
    Principal Buildings: Minimum Sum of Both Sides14
    Accessory Buildings and Structures (except fences)3
    Setbacks from Rear Lot Lines (ft.)
    Principal Buildings30
    Accessory Buildings and Structures (except fences)3
    Table 3-1-2-4A
    Setbacks: EN-6 Zone
    SetbackDistance (ft.)

    TABLE NOTE:

    1. A contextual front setback adjustment may be allowed. See Section 3-1-4-1, Contextual Front Setback Reduction.
    Minimum Setbacks from Streetside Lot Lines (ft.)
    Principal Building Front Setback125
    Principal and Accessory Building Corner Lot Side Setback115
    Principal Building Corner Lot Street Side Setback for Garage if Garage Door Faces Side Street18.5
    Accessory Buildingbehind a rear-facing wall of principal building
    Minimum Setbacks from Interior Side Lot Lines (ft.)
    Principal Buildings: Minimum Single Side7
    Principal Buildings: Minimum Sum of Both Sides14
    Accessory Buildings and Structures (except fences)3
    Setbacks from Rear Lot Lines (ft.)
    Principal Buildings30
    Accessory Buildings and Structures (except fences)3
    Table 3-1-2-4A
    Setbacks: EN-6 Zone
    SetbackDistance (ft.)

    TABLE NOTE:

    1. A contextual front setback adjustment may be allowed. See Section 3-1-4-1, Contextual Front Setback Reduction.
    Minimum Setbacks from Streetside Lot Lines (ft.)
    Principal Building Front Setback125
    Principal and Accessory Building Corner Lot Side Setback115
    Principal Building Corner Lot Street Side Setback for Garage if Garage Door Faces Side Street18.5
    Accessory Buildingbehind a rear-facing wall of principal building
    Minimum Setbacks from Interior Side Lot Lines (ft.)
    Principal Buildings: Minimum Single Side7
    Principal Buildings: Minimum Sum of Both Sides14
    Accessory Buildings and Structures (except fences)3
    Setbacks from Rear Lot Lines (ft.)
    Principal Buildings30
    Accessory Buildings and Structures (except fences)3
    1. Building Coverage. The maximum building coverage in the EN-6 zone is 35 percent.
    2. Building Height. ​The maximum building height in the EN-6 Zone is set out in Table 3-1-2-4B, Building Height: EN-6 Zone.
    Table 3-1-2-4B
    Building Height: EN-6 Zone
    Building Height
     
    Maximum Height of Principal Buildings (ft.)
    Wall Plate Height, Sloping Roof25
    Overall Height, Sloping Roof35
    Top of Parapet, Flat Roof22
    Maximum Height of Accessory Buildings (ft.)
    Wall Height12
    Overall Building Height20
    Minimum Plate Height Offset (ft.)
    Principal Structure6
    Accessory Structure4
    1. Subdivision and Lot Line Adjustment. All new lots shall meet the minimum requirements of this Subsection. In cases where lots are modified by lot line adjustments, the lot which is being reduced in area shall not be reduced below the minimum requirements of this Subsection.
      1. Minimum Street Frontage: 50 ft.
      2. Minimum Lot Area: 8,500 sf.
    2. Intensity.  Table 3-1-2-4C, Intensity: EN-6 Zone, sets out the maximum building coverage, maximum floor area ratio (FAR), and minimum one-story element areas in the EN-6 zone. Alternatives to these standards, which may be routinely applied, are set out in Section 3-1-5-4, Building Coverage or Floor Area Ratio (FAR) Increase.
    Table 3-1-2-4C
    Intensity: EN-6 Zone
    Building Height 
    Max. Building Coverage for Principal and Accessory Buildings Combined.35%
    Max. Floor Area Ratio (FAR) for Principal and Accessory Buildings Combined.45
    Min. One-Story Element Area (for new construction) (see Section 3-1-2-3, One-Story Elements)80

    Effective on: 4/30/2019

    Sec. 3-1-2-5 EN-MF Zone Standards

    1. Generally. The standards of this Section apply to lots within the EN-MF zone.
    2. Lot and Density Standards. Density standards for the EN-MF zone are set out in Table 3-1-2-5A, Lot and Density Standards: EN-MF Zone. In order to qualify for the maximum number of dwelling units listed in the right-hand column, a lot must meet the minimum lot area requirements in the same row.
    Table 3-1-2-5A
    Lot and Density Standards: EN-MF Zone
    Minimum Lot AreaMax. Dwelling Units
    up to 5,624 sf.2
    5,625 sf. to 7,499 sf.3
    7,500 sf. to 9,374 sf.4
    9,375 sf. to 11,249 sf.5
    11,250 sf. to 14,999 sf.6
    15,000 sf. or more8, plus 1 for each full 1,875 sf. of lot area in excess of 15,000 sf.
    1. Setbacks for Principal and Accessory Buildings. Principal and accessory buildings shall be set back from lot lines as set out in Table 3-1-2-5B, Setbacks: EN-MF Zone.
    Table 3-1-2-5B
    Setbacks: EN-MF Zone
    SetbackDistance (ft)
    Minimum Setbacks from Streetside Lot Lines (ft.)

    TABLE NOTES:

    1. A contextual front setback adjustment may be allowed. See Section 3-1-4-1, Contextual Front Setback Reduction.
    2. Street-facing garage doors are limited as provided in Section 3-1-3-6, Garages.
    Front Setback120
    Corner Lot Side Setback115
    Principal Building Corner Lot Street Side Setback for Garage if Garage Door Faces Side Street218.5
    Accessory Building Front Setbackbehind principal building
    Minimum Setbacks from Interior Side Lot Lines (ft.)
    Principal Buildings: Minimum Single Side5
    Principal Buildings: Minimum Sum of Both Sides10
    Accessory Buildings and Structures (except fences)3
    Minimum Setbacks from Rear Lot Lines (ft.)
    Principal Buildings20
    Accessory Buildings and Structures (except fences)3
    Table 3-1-2-5B
    Setbacks: EN-MF Zone
    SetbackDistance (ft)
    Minimum Setbacks from Streetside Lot Lines (ft.)

    TABLE NOTES:

    1. A contextual front setback adjustment may be allowed. See Section 3-1-4-1, Contextual Front Setback Reduction.
    2. Street-facing garage doors are limited as provided in Section 3-1-3-6, Garages.
    Front Setback120
    Corner Lot Side Setback115
    Principal Building Corner Lot Street Side Setback for Garage if Garage Door Faces Side Street218.5
    Accessory Building Front Setbackbehind principal building
    Minimum Setbacks from Interior Side Lot Lines (ft.)
    Principal Buildings: Minimum Single Side5
    Principal Buildings: Minimum Sum of Both Sides10
    Accessory Buildings and Structures (except fences)3
    Minimum Setbacks from Rear Lot Lines (ft.)
    Principal Buildings20
    Accessory Buildings and Structures (except fences)3
    Table 3-1-2-5B
    Setbacks: EN-MF Zone
    SetbackDistance (ft)
    Minimum Setbacks from Streetside Lot Lines (ft.)

    TABLE NOTES:

    1. A contextual front setback adjustment may be allowed. See Section 3-1-4-1, Contextual Front Setback Reduction.
    2. Street-facing garage doors are limited as provided in Section 3-1-3-6, Garages.
    Front Setback120
    Corner Lot Side Setback115
    Principal Building Corner Lot Street Side Setback for Garage if Garage Door Faces Side Street218.5
    Accessory Building Front Setbackbehind principal building
    Minimum Setbacks from Interior Side Lot Lines (ft.)
    Principal Buildings: Minimum Single Side5
    Principal Buildings: Minimum Sum of Both Sides10
    Accessory Buildings and Structures (except fences)3
    Minimum Setbacks from Rear Lot Lines (ft.)
    Principal Buildings20
    Accessory Buildings and Structures (except fences)3
    Table 3-1-2-5B
    Setbacks: EN-MF Zone
    SetbackDistance (ft)
    Minimum Setbacks from Streetside Lot Lines (ft.)

    TABLE NOTES:

    1. A contextual front setback adjustment may be allowed. See Section 3-1-4-1, Contextual Front Setback Reduction.
    2. Street-facing garage doors are limited as provided in Section 3-1-3-6, Garages.
    Front Setback120
    Corner Lot Side Setback115
    Principal Building Corner Lot Street Side Setback for Garage if Garage Door Faces Side Street218.5
    Accessory Building Front Setbackbehind principal building
    Minimum Setbacks from Interior Side Lot Lines (ft.)
    Principal Buildings: Minimum Single Side5
    Principal Buildings: Minimum Sum of Both Sides10
    Accessory Buildings and Structures (except fences)3
    Minimum Setbacks from Rear Lot Lines (ft.)
    Principal Buildings20
    Accessory Buildings and Structures (except fences)3
    1. Intensity. Table 3-1-2-5C, Intensity: EN-MF Zone, sets out the maximum building coverage, maximum floor area ratio (FAR), and minimum one-story element areas in the EN-MF zone. Alternatives to these standards, which may be routinely applied, are set out in Section 3-1-5-3, Building Coverage or Floor Area Ratio (FAR) Increase.
    Table 3-1-2-5C
    Intensity: EN-MF Zone
    Intensity or Design StandardStandard
    Max. Building Coverage for Principal and Accessory Buildings Combined45%
    Max. Floor Area Ratio (FAR)  for Principal and Accessory Buildings Combined0.50
    Min. One-Story Element Area (for new construction) (see Section 3-1-3-3, One-Story Elements)60 sf. for one unit;
    80 sf. for 2-3 units;
    120 sf. for 4 or more units
    1. Building Height. Principal and accessory buildings shall not exceed the maximum height that is set out in Table 3-1-2-5D, Building Height: EN-MF Zone. Alternatives to these standards, which may be routinely applied, are set out in Section 3-1-4-2, Standards for Increased Wall Plate Height, and Division 3-1-4, Alternative Compliance.
    Table 3-1-2-5D
    Building Height: EN-MF Zone
    Building HeightLot Area
    up to 7,500 sf.7,500 or more
    Maximum Height of Principal Buildings (ft.)
    Wall Height, Sloping Roof2020
    Overall Height, Sloping Roof2931
    Top of Parapet, Flat Roof2222
    Maximum Height of Accessory Buildings (ft.)
    Wall Height13.513.5
    Overall Building Height2020
    Minimum Plate Height Offset (ft.)
    Principal Structure46
    Accessory Structure44
    1. Subdivision and Lot Line Adjustment. All new lots shall meet the minimum requirements of this Subsection. In cases where lots are modified by lot line adjustments, the lot which is being reduced in area shall not be reduced below the minimum requirements of this Subsection.
      1. Minimum Street Frontage: 35 ft.
      2. Minimum Lot Area: 4,000 sf.

    Effective on: 11/2/2021

    Sec. 3-1-3-1 Applicability of Design Standards
  • Generally. The design standards of this Division are intended to ensure that new development, building expansions, redevelopment, and site work are compatible with the character, quality, and scale of the surrounding established neighborhood. Not all standards apply within all EN (all sub-districts) or EN-MF zones. Subsection B., below, sets out which building design standards apply in each EN (all sub-districts) or EN-MF zone. Subsection C., below, cross-references other design standards that apply within EN (all sub-districts) or EN-MF zones.
  • Applicability of Building Design Standards. Table 3-1-3-1A, Applicability of Building Design Standards, is interpreted as follows:
    1. The rows of the table list design standards that are set out in this Division, with a cross-reference to the applicable standard.
    2. The columns of the table list construction activities for which design standards may be applied.
    3. The cells of the table list the EN zones in which the design standard listed in the row may apply to the construction activity that is listed in the column. An entry of "NA" means that the standard listed in the row is "not applicable" to the construction activity that is listed in the column.
  • Table 3-1-3-1A
    Applicability of Building Design Standards
    Section Reference Construction Activity that May Be Subject to Design Standard:
    New Construction New Addition to Rear New Addition Adding Floor Area and Affecting Front Wall New Garage Site Work

    Section 3-1-3-2, Number of Principal Buildings

    All EN and EN-MF Zones All EN and EN-MF Zones All EN and EN-MF Zones All EN and EN-MF Zones All EN and EN-MF Zones

    Section 3-1-3-3, One-story Elements

    EN-1; EN-2;
    EN-3; EN-MF
    NA EN-1; EN-2;
    EN-3; EN-MF
    NA NA

    Section 3-1-3-4, Wall Plane and Roof Ridge

    EN-1; EN-2;
    EN-3; EN-MF
    EN-1; EN-2;
    EN-3; EN-MF
    EN-1; EN-2;
    EN-3; EN-MF
    EN-1; EN-2;
    EN-3; EN-MF
    NA

    Section 3-1-3-5, Dormers

    EN-1; EN-2;
    EN-3; EN-MF
    EN-1; EN-2;
    EN-3; EN-MF
    EN-1; EN-2;
    EN-3; EN-MF
    EN-1; EN-2;
    EN-3; EN-MF
    NA

    Section 3-1-3-6, Garages

    EN-1; EN-2;
    EN-3; EN-MF
    NA NA EN-1; EN-2;
    EN-3; EN-MF
    NA

    1. Cross-Reference to Other Design Standards. Table 3-1-3-1B, Cross-Reference to Other Design Standards, sets out the applicability of, and provides cross-references to, other design standards that apply within the EN zones.
    Table 3-1-3-1B
    Cross-Reference to Other Design Standards
    Section Reference
    (Design Standard)
    Construction Activity that May Be Subject to Design Standard:
    New Construction New Addition to Rear New Addition Adding Floor Area and Affecting Front Wall New Garage Site Work

    Section 4-5-3-8, Front Yard Surface Parking and Curb Cuts in EN Districts -- Front Yard Surface Parking

    EN-1; EN-2; EN-3; EN-4; EN-5; EN-6 NA NA EN-1; EN-2; EN-3; EN-4; EN-5; EN-6 NA

    Section 4-5-3-8, Front Yard Surface Parking and Curb Cuts in EN Districts -- Curb Cut Width

    EN-1; EN-2; EN-3; EN-4; EN-5; EN-6 NA NA EN-1; EN-2; EN-3; EN-4; EN-5; EN-6 EN-1; EN-2; EN-3; EN-4; EN-5; EN-6

    Section 4-6-4-3, Private Lots -- Front Yard Tree Requirement

    All EN and EN-MF Zones NA NA NA NA

    Section 4-6-4-3, Private Lots -- Front Yard Landscape Area Requirement

    All EN and EN-MF Zones NA All EN and EN-MF Zones All EN and EN-MF Zones, if the garage or access to the garage affects the front yard All EN and EN-MF Zones

    Effective on: 5/6/2015

    Sec. 3-1-3-2 Number of Principal Buildings
    EN-1: Established Neighborhood - Old Durango CategoryEN-2: Established Neighborhood - 2nd and 3rd Avenues CategoryEN-3: Established Neighborhood - East Animas City CategoryEN-4: Established Neighborhood - Crestview and Needham CategoryEN-5: Established Neighborhood - Riverview CategoryEN-6: Established Neighborhood - Other Single-Family Neighborhoods CategoryEN-MF: Established Neighborhood - Multifamily Category

    1. A.
      No lot in an EN (all sub-districts) or EN-MF zone shall be developed with more than one principal building, except as follows:
      1. 1.
        Lots in the EN-1 and EN-2 zones which are allowed to be developed with duplex buildings may be developed with two single-family detached buildings in lieu of a duplex building. 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. See Table 2-2-3-3A, Duplex Standards.
      2. 2.
        Lots in the EN-MF zone which are large enough to allow for the development of two or more dwelling units may be developed with multiple principal buildings in accordance with the standards listed below. 
        1. a.
          For interior lots, multiple principal buildings are allowed only if designed to be side by side. If a second structure is located behind a principal structure, it shall be designed to accessory structure standards.
        2. b.
          For corner lots or through lots, one principal structure shall be allowed for each street frontage.

    Effective on: 4/14/2023

    Sec. 3-1-3-3 One-Story Elements
    EN-1: Established Neighborhood - Old Durango CategoryEN-2: Established Neighborhood - 2nd and 3rd Avenues CategoryEN-3: Established Neighborhood - East Animas City CategoryEN-MF: Established Neighborhood - Multifamily Category

    1. Generally. In order to reduce the perceived mass of a building from the street, a one-story porch or other single-story element shall be provided along the street front of any new single-family dwelling or new addition that adds floor area and affects the front building walls in the EN-1, EN-2, EN-3, and EN-MF zones. It may be subordinate to the wall plane, or it may constitute the wall plane itself.

    Figure 3-1-3-3
    Illustrative Application of One-Story Elements Standard
    Not Compliant: No one-story element on front facadeCompliant: One-story covered porch on front facade
    1. Use of Garages as One-Story Elements. In the EN-3 Zone, a garage may be used to meet the standard set out in Subsection A., above, only if:

      1. The garage is allowed to be situated forward of the front wall plane of the building pursuant to the standards of Section 3-1-3-6, Garages;

      2. The garage door does not face the front lot line; and

      3. The elevation of the garage that faces the front lot line includes windows.

    Effective on: 7/1/2014

    Sec. 3-1-3-4 Wall Plane and Roof Ridge
    EN-1: Established Neighborhood - Old Durango CategoryEN-2: Established Neighborhood - 2nd and 3rd Avenues CategoryEN-3: Established Neighborhood - East Animas City CategoryEN-MF: Established Neighborhood - Multifamily Category

    1. Generally. In order to assure that new buildings are in scale with those seen traditionally, and to visually break up the mass of larger buildings, the standards of this Section apply to the width of any front wall plane, side wall plane, and roof ridge of buildings in the EN-1, EN-2, EN-3, and EN-MF zones.
    2. Wall Planes. Front and side wall planes shall be designed in compliance with the standards of Table 3-1-3-4A, Wall Plane Width and Offset. The measurements are illustrated in Figure 3-1-3-4A, Measurement of Wall Plane Width and Offset.
    Table 3-1-3-4A
    Wall Plane Width and Offset
    StandardEN Zone
    EN-1, EN-2, EN-MFEN-3
    Maximum Front Wall Plane Width Without Offset
    1-story or 1-1/2 story building24 ft.40 ft.
    2-story with hipped roof30 ft.30 ft.
    2-story building with gable or other roof form (except hipped)18 ft.24 ft.
    Maximum Side Wall Plane Width Without Offset
    1-story principal building50 ft.50 ft.
    1-1/2 story principal building40 ft.40 ft.
    2-story principal building30 ft.30 ft.
    Accessory building24 ft.24 ft.
    Required Horizontal Separation or Offset
    If the lot width is more than 25 feet4 ft.4 ft.
    If the lot width is 25 feet or less2 ft.NA
    Figure 3-1-3-4A
    Illustrative Measurement of Wall Plane Width and Offset
    Wall Plane Width and Offset
    1. Roof Ridges. Roof ridges shall be designed in compliance with the standards of Table 3-1-3-4B, Roof Ridge Width and Offset. The measurements are illustrated in Figure 3-1-3-4B, Measurement of Roof Ridge Width and Offset.
    Table 3-1-3-4B
    Roof Ridge Width and Offset
    StandardEN Zone
    EN-1, EN-2, EN-MFEN-3
    Maximum Ridge Length
    1-story principal building54 ft.54 ft.
    1-1/2 story principal building44 ft.44 ft.
    2-story principal building34 ft.34 ft.
    Accessory building28 ft.28 ft.
    Minimum Separation or Offset (Horizontal or Vertical)
    All principal and accessory buildings4 ft.4 ft.
    Figure 3-1-3-4B
    Measurement of Roof Ridge Width and Offset

    Effective on: 7/1/2014

    Sec. 3-1-3-5 Dormers
    EN-1: Established Neighborhood - Old Durango CategoryEN-2: Established Neighborhood - 2nd and 3rd Avenues CategoryEN-3: Established Neighborhood - East Animas City CategoryEN-MF: Established Neighborhood - Multifamily Category

    1. Generally. Dormers may be constructed on principal or accessory buildings. In the EN-1, EN-2, EN-3, and EN-MF zones, in order to minimize the impact of larger buildings on neighboring properties, dormers shall be designed according to the standards of this Section.
    2. Number and Size.
      1. The width of a dormer face shall not exceed the lesser of:
        1. 50 percent of the width of the wall plane to which it is parallel (see Section 3-1-3-4, Wall Plane and Roof Ridge); or
        2. 16 feet.
      2. If more than one dormer is constructed parallel to a single wall plane, the total combined width of the dormer faces shall not exceed 50 percent of the width of the wall plane to which they are parallel. (see Section 3-1-3-4, Wall Plane and Roof Ridge).
    3. Placement.
      1. A dormer ridge or roof line shall not extend above the primary roof ridge.
      2. Dormers shall be positioned at least three feet from the wall plane that runs perpendicular to the dormer face (see Figure 3-1-3-5A, Illustrative Dormer Measurements: Single Dormer Above a Wall Plane).
      3. If more than one dormer is constructed parallel to a single wall plane, adjacent dormer faces shall be separated by a horizontal distance that is at least the greater of:
        1. If the adjacent dormers are the same size, one-half of the width of one of the dormer faces (see Figure 3-1-3-5A, Illustrative Dormer Measurements: Multiple Dormers Above a Wall Plane); or
        2. If the adjacent dormers are different sizes, one-half of the average width of the adjacent dormer faces.
    Figure 3-1-3-5A
    Illustrative Dormer Measurements: Single Dormer Above a Wall Plane
    Figure 3-1-3-5B
    Illustrative Dormer Measurements: Multiple Dormers Above a Wall Plane

    Effective on: 7/1/2014

    3-1-3-6 Garages and Accessory Structures
    EN-1: Established Neighborhood - Old Durango CategoryEN-2: Established Neighborhood - 2nd and 3rd Avenues CategoryEN-3: Established Neighborhood - East Animas City CategoryEN-MF: Established Neighborhood - Multifamily Category

    1. A.
      Generally. To ensure that new buildings relate to the street in a manner that is characteristic of the neighborhood, the standards of this Section apply to garages, accessory structures, and parking access.
    2. B.
      Accessory structures. In all EN zones, accessory structures shall be designed in accordance with the following standards:
      1. 1.
        Accessory structures with living space on the second floor should have windows facing streets and alleys. Windows that face or overlook interior lot lines shall:
        1. a.
          Use a sill height equivalent to the maximum allowed for an egress window as described by the City's adopted building codes, and;
        2. b.
          Use obscure or similar glass types that let in sunlight while preserving privacy.
      2. 2.
        Generally, access to second floors shall be from internal stairs. External stairs may be allowed in certain circumstances as long as the following standards are met:
        1. a.
          External stairs parallel streets or alleys and shall not be located parallel to interior side property lines; and/or
        2. b.
          The Administrator determines that other features are in place to protect the privacy of the adjacent lot’s rear yard.
      3. 3.
        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.
    3. C.
      Lots in EN-1, EN-2, and EN-MF Zones with Alley Access. Where a lot in an EN-1, EN-2, or EN-MF zone abuts an alley, the alley shall be used for parking access, and no parking area shall be located in the required front yard setback area.
    4. D.
      Lots in EN-3 District and Lots with No Alley Access in EN-1, EN-2, and EN-MF Zones. In the EN-3 zone, or in the EN-1, EN-2, or EN-MF zones on lots that do not abut an alley, garages (attached or detached) may be accessed from a public street if it is demonstrated that the garage is subordinate to the primary wall plane using one or more of techniques that are permitted in the district, as set out in Table 3-1-3-6, Garage Design Techniques. The design techniques are illustrated in Figure 3-1-3-6A, Illustrative Application of Garage Setback; Figure 3-1-3-6B, Illustrative Application of Perpendicular Garage Orientation; and Figure 3-1-3-6C, Illustrative Application of Garage Door / Wall Plane Proportion.
    Table 3-1-3-6
    Garage Design Techniques
    Design TechniqueZone in which Design Technique is Allowed
    EN-1, EN-2, and EN-MFEN-3

    The garage (attached or detached) is set back at least 10 feet behind the front wall plane of the principal building. See Figure 3-1-3-6A, Illustrative Application of Garage Setback

    AllowedAllowed

    The garage door is aligned perpendicular to the street from which the address of the property is assigned. See Figure 3-1-3-6B, Illustrative Application of Perpendicular Garage Orientation

    Allowed on corner lots onlyAllowed

    The garage door is flush with the front wall plane of the building and extends not more than 30 percent of width of the front wall plane. See Figure 3-1-3-6C, Illustrative Application of Garage Door / Wall Plane Proportion

    Not AllowedAllowed
    Table 3-1-3-6
    Garage Design Techniques
    Design TechniqueZone in which Design Technique is Allowed
    EN-1, EN-2, and EN-MFEN-3

    The garage (attached or detached) is set back at least 10 feet behind the front wall plane of the principal building. See Figure 3-1-3-6A, Illustrative Application of Garage Setback

    AllowedAllowed

    The garage door is aligned perpendicular to the street from which the address of the property is assigned. See Figure 3-1-3-6B, Illustrative Application of Perpendicular Garage Orientation

    Allowed on corner lots onlyAllowed

    The garage door is flush with the front wall plane of the building and extends not more than 30 percent of width of the front wall plane. See Figure 3-1-3-6C, Illustrative Application of Garage Door / Wall Plane Proportion

    Not AllowedAllowed
    Table 3-1-3-6
    Garage Design Techniques
    Design TechniqueZone in which Design Technique is Allowed
    EN-1, EN-2, and EN-MFEN-3

    The garage (attached or detached) is set back at least 10 feet behind the front wall plane of the principal building. See Figure 3-1-3-6A, Illustrative Application of Garage Setback

    AllowedAllowed

    The garage door is aligned perpendicular to the street from which the address of the property is assigned. See Figure 3-1-3-6B, Illustrative Application of Perpendicular Garage Orientation

    Allowed on corner lots onlyAllowed

    The garage door is flush with the front wall plane of the building and extends not more than 30 percent of width of the front wall plane. See Figure 3-1-3-6C, Illustrative Application of Garage Door / Wall Plane Proportion

    Not AllowedAllowed
    Table 3-1-3-6
    Garage Design Techniques
    Design TechniqueZone in which Design Technique is Allowed
    EN-1, EN-2, and EN-MFEN-3

    The garage (attached or detached) is set back at least 10 feet behind the front wall plane of the principal building. See Figure 3-1-3-6A, Illustrative Application of Garage Setback

    AllowedAllowed

    The garage door is aligned perpendicular to the street from which the address of the property is assigned. See Figure 3-1-3-6B, Illustrative Application of Perpendicular Garage Orientation

    Allowed on corner lots onlyAllowed

    The garage door is flush with the front wall plane of the building and extends not more than 30 percent of width of the front wall plane. See Figure 3-1-3-6C, Illustrative Application of Garage Door / Wall Plane Proportion

    Not AllowedAllowed

    Figure 3-1-3-6A
    Illustrative Application of Garage Setback
    Figure 3-1-3-6B
    Illustrative Application of Perpendicular Garage Orientation
    Figure 3-1-3-6C
    Illustrative Application of Garage Door / Wall Plane Proportion

    Effective on: 4/14/2023

    Sec. 3-1-4-1 Contextual Front Setback Reduction
    EN-1: Established Neighborhood - Old Durango CategoryEN-2: Established Neighborhood - 2nd and 3rd Avenues CategoryEN-3: Established Neighborhood - East Animas City CategoryEN-4: Established Neighborhood - Crestview and Needham CategoryEN-5: Established Neighborhood - Riverview Category

    1. Generally. The front setbacks that are set out in Section 3-1-2-1, EN-1 (Old Durango) and EN-2 (Avenues) District Standards; Section 3-1-2-2, EN-3 (East Animas City) District Standards; and Section 3-1-2-3, EN-4 (Crestview and Needham) and EN-5 (Riverview) District Standards may be reduced according to the standards of this Section.
    2. Standards for Contextual Front Setback Reduction. The required front setback may be reduced if it is demonstrated that:
      1. 50 percent or more of the lots on the same side of the street segment (not counting the applicant's lot) are developed with buildings that are set back at distances that are more or less than the required front yard setback;
      2. The average front setback of all of the developed lots on the same side of the street segment (with fractions dropped) is less than the required front setback; and
      3. The reduced front setback is not less than the average front setback of all of the developed lots on the same side of the street segment. (See Illustration 3-1-4-1, Illustrative Contextual Front Setback Reduction.)
    Illustration 3-1-4-1
    Illustrative Contextual Front Setback Reduction
    Illustrative Contextual Front Setback Reduction

    Effective on: 7/1/2014

    Sec. 3-1-4-2 Standards for Increased Wall Plate Height
    EN-1: Established Neighborhood - Old Durango CategoryEN-2: Established Neighborhood - 2nd and 3rd Avenues Category

    1. Generally. The standards for increased building height that are set out in this Section may be applied to buildings (or parts of buildings) which are not utilizing a height bonus or alternative compliance.
    2. Variation in Wall Plate Height. In EN-1 and EN-2 zones, wall plate height may be 18 feet for a horizontal distance of up to 16 feet along a single wall plane, provided that the building is one-story or one and one-half stories in height, and the overall height of the building complies with the standards of Division 3-1-2, Bulk and Intensity in EN and EN-MF Zones, excluding bonuses. See Figure 3-1-4-2A, Illustrative Application of Variation in Wall Plate Height.
    Figure 3-1-4-2A
    Illustrative Application of Variation in Wall Plate Height

    ILLUSTRATION NOTES:

    1. "h" represents the increase in wall plate height.
    2. "w" represents the width of the wall plane to which the height increase may be applied.

    Effective on: 5/6/2015

    Sec. 3-1-4-3 Detached Garage Bonus
    EN-1: Established Neighborhood - Old Durango CategoryEN-2: Established Neighborhood - 2nd and 3rd Avenues Category

    1. A.
      In the EN-1 and EN-2 zones, the gross floor area of a detached garage (up to a maximum of 450 square feet) will be exempted from the calculation of floor area ratio ("FAR") if it is demonstrated that the garage building is consistent with the Design Guidelines for Established Neighborhoods. Detached garages which include finished living spaces do not qualify for this bonus unless the finished living space is an approved ADU. The bonus provided by application of this Section does not apply to the calculation of building coverage.

    Effective on: 2/1/2024

    Sec. 3-1-5-1 Alternative Compliance
    EN-1: Established Neighborhood - Old Durango CategoryEN-2: Established Neighborhood - 2nd and 3rd Avenues CategoryEN-3: Established Neighborhood - East Animas City CategoryEN-4: Established Neighborhood - Crestview and Needham CategoryEN-5: Established Neighborhood - Riverview CategoryEN-6: Established Neighborhood - Other Single-Family Neighborhoods CategoryEN-MF: Established Neighborhood - Multifamily Category

    1. A.
      Generally.
      1. 1.
        Alternative compliance review is a review process that allows for routine approval of proposed development in EN (all sub-districts) zones, in cases where the proposed development does not strictly comply with the applicable standards or Division 3-1-2, Bulk and Intensity in EN and EN-MF Zones, or Division 3-1-3Design Standards Applicable within Multiple EN Zones, Section 3-5-1-1, Fences and Walls, or Section 2-3-2-3, Accessory Dwelling Units.
      2. 2.
        Alternative compliance is a design-based review, in which the Administrator evaluates proposed development according to the Design Guidelines for Established Neighborhoods, and (in cases where additional standards are provided) the standards of this Division, to determine whether the quality and character of the proposed development justifies departure from the requirements listed in the code sections described above.
    2. B.
      Limitation. Alternative compliance review cannot be applied to further reduce setbacks or further increase building height if said standards are already modified through the application of setback reductions and height increases which are available pursuant to Division 3-1-4, Setback Reductions and Height Increases.
    3. C.
      When Required. Alternative compliance review is required in the following circumstances:
      1. 1.
        Development, redevelopment, or building expansions on lots with:
        1. a.
          A lot area of 3,000 square feet or less; or
        2. b.
          A lot width of less than 25 feet.
      2. 2.
        Development, redevelopment, or building expansions which impact a slope with a grade of 30 percent or more.
      3. 3.
        Development of an ADU in the EN-4, 5 and 6 zones, when more than two parking spaces may be required in the front setback.
    4. D.
      When Optional. Alternative compliance review may be conducted at the applicant's request in order to:
      1. 1.
        Modify the requirements of Division 3-1-3, Design Standards Applicable within Multiple EN Zones, except the requirements of Section 3-1-3-2, Number of Principal Buildings, (which is addressed by Subsection C.3., above);
      2. 2.
        Reduce the minimum setback requirements of Division 3-1-2, Bulk and Intensity in EN and EN-MF Zones.
      3. 3.
        Increase the maximum wall plate height requirements of Division 3-1-2, Bulk and Intensity in EN and EN-MF Zones.
      4. 4.
        Allow a tower or cupola exception. (See Section 3-1-5-2, Tower or Cupola Exception.)
      5. 5.
        Allow for additional lot coverage or floor area. (See Section 3-1-5-3, Building Coverage or Floor Area Ratio (FAR) Increase.)
      6. 6.
        Modify the requirements of Section 3-5-1-1Fences and Walls.
      7. 7.
        Modify the requirements of Section 2-3-2-3Accessory Dwelling Units, as described in that Section.

    Effective on: 4/14/2023

    Sec. 3-1-5-2 Tower or Cupola Exception
  • One tower, turret, or cupola element may be allowed if it is demonstrated that:
    1. The design of the building, including the tower, turret, or cupola, is consistent with the Design Guidelines for Established Neighborhoods;
    2. The element has a maximum area of 100 square feet (measured in plan view, horizontally); and
    3. The ridge height of the element is not more than four feet greater than the maximum height allowed for the principal building.
  • Effective on: 7/1/2014

    Sec. 3-1-5-3 Building Coverage or Floor Area (FAR) Ratio Increase
    EN-1: Established Neighborhood - Old Durango CategoryEN-2: Established Neighborhood - 2nd and 3rd Avenues CategoryEN-3: Established Neighborhood - East Animas City CategoryEN-4: Established Neighborhood - Crestview and Needham CategoryEN-5: Established Neighborhood - Riverview CategoryEN-6: Established Neighborhood - Other Single-Family Neighborhoods CategoryEN-MF: Established Neighborhood - Multifamily Category

    1. Generally. The maximum building coverage and / or floor area ratio (FAR) (if applicable) in the EN (all sub-districts) and EN-MF zones may be increased according to the standards of this Section.
    2. Building Coverage. The Administrator may approve an increase in building coverage of up to 10 percentage points more than the applicable maximum set out in Division 3-1-2, Bulk and Intensity in EN and EN-MF Zones, if it is demonstrated that the proposed development is consistent with the Design Guidelines for Established Neighborhoods.
    3. Floor Area Ratio (FAR). The Administrator may approve an increase in floor area ratio ("FAR") of up to 0.10 more than the applicable maximum set out in Section 3-1-2-1, EN-1 (Old Durango) and EN-2 (Avenues) Zone Standards, or Section 3-1-2-2, EN-3 (East Animas City) Zone Standards, if it is demonstrated that the proposed development is consistent with the Design Guidelines for Established Neighborhoods.
    4. Local Landmarks and Local Structures of Merit (EN-1, EN-2, and EN-3 Zones Only). The standards of this Subsection, and not the standards of Subsections B. or C., above, apply to increases in the maximum allowable building coverage or floor area ratio (FAR) for local landmarks and local structures of merit.
      1. The Administrator may approve an increase in the maximum building coverage and / or floor area ratio (FAR) in order to allow an alteration to an historic building if it is demonstrated that:
        1. The project exemplifies compatible design by respecting the privacy of neighboring properties and ensuring light and air for neighbors, as well as enhancing the design context of the neighborhood;
        2. The building coverage is increased to not more than 10 percentage points more than the applicable maximum set out in Section 3-1-2-1, EN-1 (Old Durango) and EN-2 (Avenues) Zone Standards, or Section 3-1-2-2, EN-3 (East Animas City) Zone Standards; and
        3. The FAR is increased to not more than 0.10 more than the applicable maximum set out in Section 3-1-2-1, EN-1 (Old Durango) and EN-2 (Avenues) Zone Standards, or Section 3-1-2-2, EN-3 (East Animas City) Zone Standards.
      2. The Historic Preservation Board may allow an increase in the maximum building coverage and / or floor area ratio (FAR) in order to allow an alteration to an historic building that exceeds the limitations of Subsection D.1., above, if it is demonstrated that:
        1. The project exemplifies compatible design by respecting the privacy of neighboring properties and ensuring light and air for neighbors, as well as enhancing the design context of the neighborhood;
        2. The building is designated and retained as a local landmark or a local structure of merit (see Article 3-3, Historic Preservation); and
        3. The proposed modifications to the structure meet the adopted design guidelines (see Article 3-3, Historic Preservation).

    Effective on: 4/30/2019

    Sec. 3-1-5-4 Building Height Increase
  • Generally. The Administrator may approve an increase in building height by design review, as provided in this Section.
  • Limitations. No increase in height granted pursuant to this Section shall exceed the following limitations:
  • Table 3-1-5-4
    Limitations on Building Height Increases
    Maximum Height Allowed on Lot without Application of Setback Bonuses or Other Increases1 Maximum Height Allowed by Design Review

    TABLE NOTE:

    1. See Division 3-1-2, Bulk and Intensity in EN and EN-MF Zones
    26 ft. 30 ft.
    28 ft. 31 ft.
    29 ft. 32 ft.
    Table 3-1-5-4
    Limitations on Building Height Increases
    Maximum Height Allowed on Lot without Application of Setback Bonuses or Other Increases1 Maximum Height Allowed by Design Review

    TABLE NOTE:

    1. See Division 3-1-2, Bulk and Intensity in EN and EN-MF Zones
    26 ft. 30 ft.
    28 ft. 31 ft.
    29 ft. 32 ft.
    Table 3-1-5-4
    Limitations on Building Height Increases
    Maximum Height Allowed on Lot without Application of Setback Bonuses or Other Increases1 Maximum Height Allowed by Design Review

    TABLE NOTE:

    1. See Division 3-1-2, Bulk and Intensity in EN and EN-MF Zones
    26 ft. 30 ft.
    28 ft. 31 ft.
    29 ft. 32 ft.
    Table 3-1-5-4
    Limitations on Building Height Increases
    Maximum Height Allowed on Lot without Application of Setback Bonuses or Other Increases1 Maximum Height Allowed by Design Review

    TABLE NOTE:

    1. See Division 3-1-2, Bulk and Intensity in EN and EN-MF Zones
    26 ft. 30 ft.
    28 ft. 31 ft.
    29 ft. 32 ft.

    1. Standards. A height increase may be granted if it is demonstrated that the proposed development is consistent with the Design Guidelines for Established Neighborhoods.

    Effective on: 7/1/2014

    Sec. 3-2-1-1 Purpose of Article
  • Generally. Article 2-1, Zones and Land Uses, sets out which uses are allowed in each zone, and Article 2-4, Density and Intensity, sets out how much development is allowed on parcels proposed for development within each zone. The purpose of this Article is to:
    1. Protect and enhance the character of the City by regulating the size, disposition, and massing of buildings.
    2. Establish the minimum area and dimensions for lots of various types (for new subdivisions).
  • Housing Palette. The purpose of Division 3-2-2, Housing Palette, is to set out the types of dwelling units that may be developed in each residential neighborhood type, and to establish lot and building standards (and in some cases, other applicable standards) for each type of dwelling unit. The housing palette provides a range of choices for lot sizes and housing types so that applicants may design projects that promote affordability and diversity, and protect open spaces and natural resources, while achieving a reasonable development potential on their land.  The housing types permitted in each zone are set out in Table 2-1-3-3, Residential, Transient Residential, and Overnight Accommodations Use/Zone Matrix.  The neighborhood types permitted in each zone are set out in Table 2-1-3-2, Neighborhood Types.
  • Nonresidential and Mixed-Use Zones. The purpose of Division 3-2-3, Nonresidential and Mixed-Use Zones, is to establish lot, setback, height, and scale standards for nonresidential and mixed-use development.
  • Effective on: 7/1/2014

    Sec. 3-2-1-2 Application of Article
  • Generally. This Article provides lot and building standards (e.g., setbacks, building height, building coverage, etc.) for all zones, but does not apply to residential uses within  the Established Neighborhood ("EN") (all sub-districts) or Established Neighborhood - Multifamily ("EN-MF") Zones (which are subject to Article 3-1, Established Neighborhood Zones).
  • Housing Palette. The housing palette applies as follows:
    1. The residential development potential of a parcel proposed for development is calculated according to the standards that are set out in Section 2-4-2-2, Residential Density, Open Space, and Recreation and Leisure Areas.
    2. The types of housing that are allowed in a new development are set out in Section 2-1-3-3, Residential, Transient Residential, and Overnight Accommodations Use / Zone Matrix. Some types of housing are limited to specific neighborhood types. The required amount of land and open space for each neighborhood type is set out in Section 2-4-2-1, Residential and Mixed-Use Neighborhood Types and Minimum Parcel Areas.
    3. Once the dwelling unit count and buildable area of a parcel proposed for development are determined, the housing palette provides basic standards for the creation of residential lots, and the basic bulk standards that apply to principal buildings on those lots. The variations that are permitted using the housing palette allow for the flexibility to use a variety of lot sizes and housing types to preserve open space and natural resources without material loss of development potential.
    4. Standards for each type of housing allowed by the housing palette are provided in the Sections of this Division, as are any limitations on the district or neighborhood development type in which the housing type is allowed.
  • Nonresidential and Mixed-Use Zones. The lot and building standards for nonresidential and mixed-use zones are provided in Division 3-2-3, Nonresidential and Mixed-Use Zones. The Division provides general standards, as well as standards that are applicable within Traditional Neighborhood Developments.
  • Alternative Development Standards. Division 3-2-4, Alternative Development Standards, sets out standards for increasing building height and building coverage, and for reducing setbacks. Application of the alternative development standards avoids the need for variances where strict application of the standards in Division 3-2-3, Nonresidential and Mixed-Use Zones, is impractical.
  • Effective on: 7/1/2014

    Sec. 3-2-2-1 Lot Averaging
  • Generally. Lot averaging is a design technique which replaces a minimum lot area or width with an average lot width and a requirement that certain percentages of lots fall into one of three lot area groups: small lots, average lots, and large lots. See Figure 3-2-2-1A, Lot Averaging. Lot averaging shall be applied as required in Subsection B., and is optional in other cases.
  • Figure 3-2-2-1A
    Lot Averaging
    1. Applicability. Lot averaging is required as follows:
      1. Lot averaging shall be applied to any single housing type when there are more than 20 units of the housing type in a proposed development (e.g., if there are 30 single-family detached units, 25 patio home units, and 20 standard townhome units in a development, then lot averaging must be applied to the single-family detached and patio home units, but is not required for the townhome units).
      2. Lot area groups for each housing type are provided in the tables of Division 3-2-2, Housing Palette.
      3. Where lot averaging is not required, but the tables of Division 3-2-2, Housing Palette, indicate three lot area groups, the average lot area group shall be used to establish minimum lot area and minimum lot depth for the housing type.
    2. Exception. Lot averaging is not required for agricultural, equestrian, and estate lots, as described in Section 3-2-2-2, Single-Family Detached.
    3. Identifying Lots in Each Group. Lots within each size group are identified by lot width, as follows:
      1. Small lots shall meet the minimum lot width for small lots, and their lot width may be up to (but not including) the lot width of the average lot category.
      2. Average lots shall meet the minimum lot width for average lots, and their lot width may be up to (but not including) the lot width of the large lot category.
      3. Large lots must meet the minimum lot width for large lots, and their width is not limited.
    4. Calculating the Required Number of Lots of Each Lot Area Group. In the tables of Division 3-2-2, Housing Palette, that provide for variable lot sizes, the column titled "percent in width type," indicates the minimum proportion of each lot area group that must be provided. The minimum number of small and average lots shall be rounded up to the nearest whole number. The large lot category is always listed as "remainder" because, after the minimum proportions for small and average lots are met, the remainder of the lots may be large lots.
    5. Distribution of Averaged Lots. Lots in the three lot area groups shall be distributed in at least one of the following ways:
      1. Generally, lots in each of the three lot area groups (small lots, average lots, and large lots) shall be mixed on each street segment so that they are spread through the development (except as provided in Subsection F.2., below). Concentrating lots of a single lot area group in separate areas of a development is not allowed.
      2. In the alternative, proposed development that includes a mix of housing types may designate a mix of housing types or diverse single-family detached lot sizes on a single block or street segment. Such developments are not required to strictly comply with Subsection F.1., above, if it is demonstrated that the overall distribution of housing types in the development does not unreasonably concentrate small lots.
    Figure 3-2-2-1B
    Distribution of Averaged Lots
    Alternative 1 Alternative 2

    Effective on: 7/1/2014

    Sec. 3-2-2-2 Single-Family Detached
  • Generally. Single-family detached buildings are residences for one family that are typically located on a privately-owned lot, with private yards on each side of the unit. Single-family detached units could also be located on condominium-owned property, surrounded by limited common elements for use by residents of the single-family home, which would serve the same purpose as a private yard.
  • Figure 3-2-2-2
    Illustrative Single-Family Detached Homes
    1. Lot and Building Standards. The lot and building standards for single-family detached units are set out in Table 3-2-2-2A, Single-Family Detached Lot and Building Standards. There are six lot types, which are named based on their area and width.  The zones where single-family detached units are permitted and where the use is allowed are set out in Table 2-1-3-3, Residential, Transient Residential, and Overnight Accommodations Use/Zone Matrix and Table 2-1-3-2Neighborhood Types, respectively.
    Table 3-2-2-2
    Single-Family Detached Lot and Building Standards
    Lot Type Width Class Min. Max.
    Lot Area
    (sf. or ac.)
    Lot Width
    (ft.)

    Front Setback
    (Principal Building /

    Garage) (ft.)

    Interior Lot
    Side Setback
    Single / Total (ft.)
    Street
    Side
    Setback(ft.)
    Rear
    Setback
    (ft.)
    Height

    Overall
    Height
    (ft.)

    Building
    Coverage
    Ratio (%)

    Rural NA 15 ac. 450 25 15 / 30 25 50 2.5 stories 34 2.5
    Estate NA 3 ac. 200 25 15 / 30 25 50 2.5 stories 34 5
    Large-lot Suburban NA 21,500 sf. 100 25 15 / 30 20 50 2 stories 30 25
    Suburban Narrow 8,400 sf. 70 20 / 25 5 / 10 12 30 2 stories 30 35
    Average 9,000 sf. 75 20 / 25 7 / 14 12 30 2 stories 30 35
    Wide 9,600 sf. 80 20 / 25 7 / 14 12 30 2 stories 30 35
    General Narrow 6,000 sf. 50 20 / 25 5 / 10 10 25 2 stories 30 35
    Average 7,200 sf. 60 20 / 25 5 / 10 10 25 2 stories 30 35
    Wide 7,800 sf. 65 20 / 25 5 / 10 10 25 2 stories 30 35
    Urban Narrow 3,500 sf. 35 8 5 / 10 5 20 2.5 stories 34 45
    Average 4,000 sf. 40 8 5 / 10 5 20 2.5 stories 34 45
    Wide 4,500 sf. 45 8 5 / 10 5 20 2.5 stories 34 45

    TABLE NOTES:

    NA = Not Applicable

    Table 3-2-2-2
    Single-Family Detached Lot and Building Standards
    Lot Type Width Class Min. Max.
    Lot Area
    (sf. or ac.)
    Lot Width
    (ft.)

    Front Setback
    (Principal Building /

    Garage) (ft.)

    Interior Lot
    Side Setback
    Single / Total (ft.)
    Street
    Side
    Setback(ft.)
    Rear
    Setback
    (ft.)
    Height

    Overall
    Height
    (ft.)

    Building
    Coverage
    Ratio (%)

    Rural NA 15 ac. 450 25 15 / 30 25 50 2.5 stories 34 2.5
    Estate NA 3 ac. 200 25 15 / 30 25 50 2.5 stories 34 5
    Large-lot Suburban NA 21,500 sf. 100 25 15 / 30 20 50 2 stories 30 25
    Suburban Narrow 8,400 sf. 70 20 / 25 5 / 10 12 30 2 stories 30 35
    Average 9,000 sf. 75 20 / 25 7 / 14 12 30 2 stories 30 35
    Wide 9,600 sf. 80 20 / 25 7 / 14 12 30 2 stories 30 35
    General Narrow 6,000 sf. 50 20 / 25 5 / 10 10 25 2 stories 30 35
    Average 7,200 sf. 60 20 / 25 5 / 10 10 25 2 stories 30 35
    Wide 7,800 sf. 65 20 / 25 5 / 10 10 25 2 stories 30 35
    Urban Narrow 3,500 sf. 35 8 5 / 10 5 20 2.5 stories 34 45
    Average 4,000 sf. 40 8 5 / 10 5 20 2.5 stories 34 45
    Wide 4,500 sf. 45 8 5 / 10 5 20 2.5 stories 34 45

    TABLE NOTES:

    NA = Not Applicable

    Table 3-2-2-2
    Single-Family Detached Lot and Building Standards
    Lot Type Width Class Min. Max.
    Lot Area
    (sf. or ac.)
    Lot Width
    (ft.)

    Front Setback
    (Principal Building /

    Garage) (ft.)

    Interior Lot
    Side Setback
    Single / Total (ft.)
    Street
    Side
    Setback(ft.)
    Rear
    Setback
    (ft.)
    Height

    Overall
    Height
    (ft.)

    Building
    Coverage
    Ratio (%)

    Rural NA 15 ac. 450 25 15 / 30 25 50 2.5 stories 34 2.5
    Estate NA 3 ac. 200 25 15 / 30 25 50 2.5 stories 34 5
    Large-lot Suburban NA 21,500 sf. 100 25 15 / 30 20 50 2 stories 30 25
    Suburban Narrow 8,400 sf. 70 20 / 25 5 / 10 12 30 2 stories 30 35
    Average 9,000 sf. 75 20 / 25 7 / 14 12 30 2 stories 30 35
    Wide 9,600 sf. 80 20 / 25 7 / 14 12 30 2 stories 30 35
    General Narrow 6,000 sf. 50 20 / 25 5 / 10 10 25 2 stories 30 35
    Average 7,200 sf. 60 20 / 25 5 / 10 10 25 2 stories 30 35
    Wide 7,800 sf. 65 20 / 25 5 / 10 10 25 2 stories 30 35
    Urban Narrow 3,500 sf. 35 8 5 / 10 5 20 2.5 stories 34 45
    Average 4,000 sf. 40 8 5 / 10 5 20 2.5 stories 34 45
    Wide 4,500 sf. 45 8 5 / 10 5 20 2.5 stories 34 45

    TABLE NOTES:

    NA = Not Applicable

    Table 3-2-2-2
    Single-Family Detached Lot and Building Standards
    Lot Type Width Class Min. Max.
    Lot Area
    (sf. or ac.)
    Lot Width
    (ft.)

    Front Setback
    (Principal Building /

    Garage) (ft.)

    Interior Lot
    Side Setback
    Single / Total (ft.)
    Street
    Side
    Setback(ft.)
    Rear
    Setback
    (ft.)
    Height

    Overall
    Height
    (ft.)

    Building
    Coverage
    Ratio (%)

    Rural NA 15 ac. 450 25 15 / 30 25 50 2.5 stories 34 2.5
    Estate NA 3 ac. 200 25 15 / 30 25 50 2.5 stories 34 5
    Large-lot Suburban NA 21,500 sf. 100 25 15 / 30 20 50 2 stories 30 25
    Suburban Narrow 8,400 sf. 70 20 / 25 5 / 10 12 30 2 stories 30 35
    Average 9,000 sf. 75 20 / 25 7 / 14 12 30 2 stories 30 35
    Wide 9,600 sf. 80 20 / 25 7 / 14 12 30 2 stories 30 35
    General Narrow 6,000 sf. 50 20 / 25 5 / 10 10 25 2 stories 30 35
    Average 7,200 sf. 60 20 / 25 5 / 10 10 25 2 stories 30 35
    Wide 7,800 sf. 65 20 / 25 5 / 10 10 25 2 stories 30 35
    Urban Narrow 3,500 sf. 35 8 5 / 10 5 20 2.5 stories 34 45
    Average 4,000 sf. 40 8 5 / 10 5 20 2.5 stories 34 45
    Wide 4,500 sf. 45 8 5 / 10 5 20 2.5 stories 34 45

    TABLE NOTES:

    NA = Not Applicable

    Effective on: 9/17/2014

    Sec. 3-2-2-3 Manufactured Homes
  • Generally. Manufactured homes are a special type of single-family detached home, in that they are constructed in factories and are designed to be moved. There are three types of manufactured homes: single-wide (transported in one section), double-wide (transported in two sections), and triple-wide (transported in three or more sections). Illustrative examples are provided in Figure 3-2-2-3, Illustrative Manufactured Homes.
  • Figure 3-2-2-3
    Illustrative Manufactured Homes
    Illustrative Manufactured Homes
    1. Lot and Building Standards.
      1. The lot and building standards for manufactured home units are set out in Table 3-2-2-3A, Manufactured Home Lot and Building Standards. The standards of this Subsection apply to manufactured homes that are located in new manufactured home parks and manufactured home subdivisions, or expanded areas of existing manufactured home parks and manufactured home subdivisions.  The zones where manufactured home parks or subdivisions are permitted and where the use is allowed are set out in Table 2-1-3-2Neighborhood Types and Table 2-1-3-3, Residential, Transient Residential, and Overnight Accommodations Use/Zone Matrix, respectively.
      2. In existing manufactured home parks and subdivisions, manufactured homes may be placed on existing lots or spaces that do not comply with this section, provided that they are spaced a minimum of 10 feet apart and 10 feet from property lines.
      3. Where manufactured homes are allowed as an individual "residential use" in other areas by Section 2-1-3-3, Residential, Institutional Residential, and Overnight Accommodations Use / Zone Matrix, they are subject to the standards applied to single-family detached homes in Section 3-2-2-2, Single-Family Detached.
    Table 3-2-2-3
    Manufactured Home Lot and Building Standards
    Lot TypeMin.Max.
    Lot Area
    (sf. or ac.)
    Lot Width
    (ft.
    )
    Front
    Setback
    (ft.)
    Interior Lot
    Side Setback
    Single / Total (ft.)
    Street
    Side
    Setback(ft.)
    Rear
    Setback
    (ft.)
    HeightBuilding
    Coverage
    Ratio (%)

    TABLE NOTES:

    1. Setback requirements for lots along the perimeter of the development may be greater. See Section 4-1-3-4, Site Layout for Manufactured Home Parks and Subdivisions.
    2. Setback shall be increased to 20 ft. in areas where parking is provided in front of the building.
    Single-Wide 4,000 40 15 6 / 20 61 101 1.5 stories 50%
    Double-Wide 5,000 50 152 6 / 12 61 101 1.5 stories 50%
    Triple-Wide 6,000 60 152 6 / 12 61 201 1.5 stories 50%
    Table 3-2-2-3
    Manufactured Home Lot and Building Standards
    Lot TypeMin.Max.
    Lot Area
    (sf. or ac.)
    Lot Width
    (ft.
    )
    Front
    Setback
    (ft.)
    Interior Lot
    Side Setback
    Single / Total (ft.)
    Street
    Side
    Setback(ft.)
    Rear
    Setback
    (ft.)
    HeightBuilding
    Coverage
    Ratio (%)

    TABLE NOTES:

    1. Setback requirements for lots along the perimeter of the development may be greater. See Section 4-1-3-4, Site Layout for Manufactured Home Parks and Subdivisions.
    2. Setback shall be increased to 20 ft. in areas where parking is provided in front of the building.
    Single-Wide 4,000 40 15 6 / 20 61 101 1.5 stories 50%
    Double-Wide 5,000 50 152 6 / 12 61 101 1.5 stories 50%
    Triple-Wide 6,000 60 152 6 / 12 61 201 1.5 stories 50%
    Table 3-2-2-3
    Manufactured Home Lot and Building Standards
    Lot TypeMin.Max.
    Lot Area
    (sf. or ac.)
    Lot Width
    (ft.
    )
    Front
    Setback
    (ft.)
    Interior Lot
    Side Setback
    Single / Total (ft.)
    Street
    Side
    Setback(ft.)
    Rear
    Setback
    (ft.)
    HeightBuilding
    Coverage
    Ratio (%)

    TABLE NOTES:

    1. Setback requirements for lots along the perimeter of the development may be greater. See Section 4-1-3-4, Site Layout for Manufactured Home Parks and Subdivisions.
    2. Setback shall be increased to 20 ft. in areas where parking is provided in front of the building.
    Single-Wide 4,000 40 15 6 / 20 61 101 1.5 stories 50%
    Double-Wide 5,000 50 152 6 / 12 61 101 1.5 stories 50%
    Triple-Wide 6,000 60 152 6 / 12 61 201 1.5 stories 50%
    Table 3-2-2-3
    Manufactured Home Lot and Building Standards
    Lot TypeMin.Max.
    Lot Area
    (sf. or ac.)
    Lot Width
    (ft.
    )
    Front
    Setback
    (ft.)
    Interior Lot
    Side Setback
    Single / Total (ft.)
    Street
    Side
    Setback(ft.)
    Rear
    Setback
    (ft.)
    HeightBuilding
    Coverage
    Ratio (%)

    TABLE NOTES:

    1. Setback requirements for lots along the perimeter of the development may be greater. See Section 4-1-3-4, Site Layout for Manufactured Home Parks and Subdivisions.
    2. Setback shall be increased to 20 ft. in areas where parking is provided in front of the building.
    Single-Wide 4,000 40 15 6 / 20 61 101 1.5 stories 50%
    Double-Wide 5,000 50 152 6 / 12 61 101 1.5 stories 50%
    Triple-Wide 6,000 60 152 6 / 12 61 201 1.5 stories 50%

    1. Site Plan and Plat Annotation. Each space or lot type shall be designated with a lot type annotation on the site plan or (for manufactured home subdivisions) plat.

    Effective on: 7/1/2014

    Sec. 3-2-2-4 Cottages
  • Generally. The cottage housing type consists of small single-family detached residences that have a footprint that is less than 800 square feet. Cottages are typically arranged in a cluster around a green space. Vehicular access is provided by a shared parking lot. See Figure 3-2-2-4A, Illustrative Cottage Cluster.
  • Figure 3-2-2-4A
    Illustrative Cottage Cluster
    1. Lot and Building Standards. The lot and building standards for cottages are set out in Table 3-2-2-4, Cottage Lot and Building Standards. Cottage clusters may be used for co-housing arrangements. Therefore, a common building with kitchen and meeting and / or indoor recreation facilities (but no bedrooms) is permitted as accessory to a cottage cluster.  The zones where cottage clusters are permitted and where the use is allowed are set out in Table 2-1-3-2Neighborhood Types and Table 2-1-3-3, Residential, Transient Residential, and Overnight Accommodations Use/Zone Matrix, respectively.
    Table 3-2-2-4
    Cottage Lot and Building Standards
    Lot and Building Standard Requirement
    Cluster Standard
    Minimum Parcel Area Per Unit 4,250 sf.
    Minimum Common Open Space Ratio for Cottage Cluster 35%
    Front and Side Street Setback for Cottage Cluster 15 ft.
    Interior Side and Rear Setback for Cottage Cluster 10 ft.
    Parking Setback for Cottage Cluster 5 ft.
    Building Standard
    Minimum Building Spacing 10 ft.
    Maximum First Floor Floor Area (applied to each building) 800 sf.
    Maximum Plate Height 14.5 ft.
    Maximum Building Height 20 ft.

    Effective on: 7/1/2014

    Sec. 3-2-2-5 Lot-Line Houses
  • Generally. There are two types of lot-line houses: standard lot-line houses and patio lot-line houses. Both are a single-family detached housing type that differs from the typical single-family dwelling unit in that they are situated on the lot such that one side building wall is located on a side lot line and the other side is designed to enclose a large private yard behind the street facade. The standard lot line house has a street-facing garage, while the patio lot-line house has an alley-facing garage and a fenced or walled rear yard (see Figure 3-2-2-5A, Illustrative Patio Lot Line Houses).

  • Figure 3-2-2-5A
    Illustrative Lot Line Houses

    Standard Lot Line House

    Patio Lot Line House

    1. Lot and Building Standards. The following standards apply to all variations of lot-line houses:
      1. The interior side setback shall provide for a usable combined side and rear yard; and
      2. No window shall be permitted on the zero lot line side of the house unless:
        1. It opens into an enclosed light court;
        2. It is framed at a minimum of six foot four inches above the room floor so as to not provide a line of sight into the neighboring yard; or
        3. It is composed of glass block or frosted glass and is inoperable.
        4. The zones where lot line houses are permitted are the same as single-family detached, set out in Table 2-1-3-2Neighborhood Types, and where the use is allowed is set out in Table 2-1-3-3, Residential, Transient Residential, and Overnight Accommodations Use/Zone Matrix.
    2. Standard Lot-Line Houses. TableB, Illustrative Lot-Line Setbacks.
    Table 3-2-2-5A
    Lot-Line Houses Lot and Building Standards
    Lot Size GroupMin.Max.
    Lot AreaLot Width SetbacksHeight Overall
    Height (ft.)
    Building
    Coverage
    Ratio
    Front (House / Garage) Small Side1 / Interior Single Side Street Side Rear

    TABLE NOTE:

    1. The small side yard may extend from the front setback line toward the rear lot line for a distance of not more than 40 percent of the depth of the lot.
    Small 5,000 sf. 50 ft. 15 ft. / 20 ft. 6 ft. / 25 ft. 10 ft. 20 ft.2 stories 30 35%
    Average 5,500 sf. 55 ft. 15 ft. / 20 ft. 6 ft. / 25 ft. 10 ft. 20 ft.2 stories 30 35%
    Large 6,000 sf. 60 ft. 15 ft. / 20 ft. 6 ft. / 25 ft. 10 ft. 20 ft.2 stories 30  35%
    Table 3-2-2-5A
    Lot-Line Houses Lot and Building Standards
    Lot Size GroupMin.Max.
    Lot AreaLot Width SetbacksHeight Overall
    Height (ft.)
    Building
    Coverage
    Ratio
    Front (House / Garage) Small Side1 / Interior Single Side Street Side Rear

    TABLE NOTE:

    1. The small side yard may extend from the front setback line toward the rear lot line for a distance of not more than 40 percent of the depth of the lot.
    Small 5,000 sf. 50 ft. 15 ft. / 20 ft. 6 ft. / 25 ft. 10 ft. 20 ft.2 stories 30 35%
    Average 5,500 sf. 55 ft. 15 ft. / 20 ft. 6 ft. / 25 ft. 10 ft. 20 ft.2 stories 30 35%
    Large 6,000 sf. 60 ft. 15 ft. / 20 ft. 6 ft. / 25 ft. 10 ft. 20 ft.2 stories 30  35%
    Table 3-2-2-5A
    Lot-Line Houses Lot and Building Standards
    Lot Size GroupMin.Max.
    Lot AreaLot Width SetbacksHeight Overall
    Height (ft.)
    Building
    Coverage
    Ratio
    Front (House / Garage) Small Side1 / Interior Single Side Street Side Rear

    TABLE NOTE:

    1. The small side yard may extend from the front setback line toward the rear lot line for a distance of not more than 40 percent of the depth of the lot.
    Small 5,000 sf. 50 ft. 15 ft. / 20 ft. 6 ft. / 25 ft. 10 ft. 20 ft.2 stories 30 35%
    Average 5,500 sf. 55 ft. 15 ft. / 20 ft. 6 ft. / 25 ft. 10 ft. 20 ft.2 stories 30 35%
    Large 6,000 sf. 60 ft. 15 ft. / 20 ft. 6 ft. / 25 ft. 10 ft. 20 ft.2 stories 30  35%
    Table 3-2-2-5A
    Lot-Line Houses Lot and Building Standards
    Lot Size GroupMin.Max.
    Lot AreaLot Width SetbacksHeight Overall
    Height (ft.)
    Building
    Coverage
    Ratio
    Front (House / Garage) Small Side1 / Interior Single Side Street Side Rear

    TABLE NOTE:

    1. The small side yard may extend from the front setback line toward the rear lot line for a distance of not more than 40 percent of the depth of the lot.
    Small 5,000 sf. 50 ft. 15 ft. / 20 ft. 6 ft. / 25 ft. 10 ft. 20 ft.2 stories 30 35%
    Average 5,500 sf. 55 ft. 15 ft. / 20 ft. 6 ft. / 25 ft. 10 ft. 20 ft.2 stories 30 35%
    Large 6,000 sf. 60 ft. 15 ft. / 20 ft. 6 ft. / 25 ft. 10 ft. 20 ft.2 stories 30  35%
    Figure 3-2-2-5B
    Illustrative Lot-Line Setbacks
    The lot-line house is set on one property line with a zero setback, and the building is intended to be roughly L-shaped. The street side setback is the setback that is required on the street side of corner lots. The small side setback is a small side yard along the side of the building towards the front of the lot (see Table 3-2-2-5A, Note 1). The interior side setback creates a larger side yard on the back side of the building, which is useable outdoor space for the residents.
    STREET
    1. Patio House Variation of Lot-Line House. The patio lot-line house is a variation that can be constructed on smaller lots. It has an enclosed backyard "patio" and is alley-accessed. Table B, Patio House Variation Lot and Building Standards, sets out the lot requirements for patio lot-line houses.
    Table 3-2-2-5B
    Patio House Variation Lot and Building Standards
    Lot Size Group Min. Max.
    Lot Area Lot Width Front Setback Interior Single Side Setback Street Side Setback Rear Setback (house / garage) Patio Area / Width Height Overall
    Height (ft.)
    Building Coverage Ratio

    TABLE NOTES:

    1. The small side yard may extend from the front setback line toward the rear lot line for a distance of not more than 40 percent of the depth of the lot.
    2. Additional garage setback may be required to assure safe passage along the alley.
    Small 3,960 sf. 44 ft. 10 ft. 6 ft. 10 ft. 10 ft. / 0 ft. 930 sf. / 15 ft. 2 stories 30 40%
    Average 4,500 sf. 50 ft. 1,000 sf. / 20 ft.
    Large 5,040 sf. 56 ft. 1,000 sf. / 20 ft.
    Table 3-2-2-5B
    Patio House Variation Lot and Building Standards
    Lot Size Group Min. Max.
    Lot Area Lot Width Front Setback Interior Single Side Setback Street Side Setback Rear Setback (house / garage) Patio Area / Width Height Overall
    Height (ft.)
    Building Coverage Ratio

    TABLE NOTES:

    1. The small side yard may extend from the front setback line toward the rear lot line for a distance of not more than 40 percent of the depth of the lot.
    2. Additional garage setback may be required to assure safe passage along the alley.
    Small 3,960 sf. 44 ft. 10 ft. 6 ft. 10 ft. 10 ft. / 0 ft. 930 sf. / 15 ft. 2 stories 30 40%
    Average 4,500 sf. 50 ft. 1,000 sf. / 20 ft.
    Large 5,040 sf. 56 ft. 1,000 sf. / 20 ft.
    Table 3-2-2-5B
    Patio House Variation Lot and Building Standards
    Lot Size Group Min. Max.
    Lot Area Lot Width Front Setback Interior Single Side Setback Street Side Setback Rear Setback (house / garage) Patio Area / Width Height Overall
    Height (ft.)
    Building Coverage Ratio

    TABLE NOTES:

    1. The small side yard may extend from the front setback line toward the rear lot line for a distance of not more than 40 percent of the depth of the lot.
    2. Additional garage setback may be required to assure safe passage along the alley.
    Small 3,960 sf. 44 ft. 10 ft. 6 ft. 10 ft. 10 ft. / 0 ft. 930 sf. / 15 ft. 2 stories 30 40%
    Average 4,500 sf. 50 ft. 1,000 sf. / 20 ft.
    Large 5,040 sf. 56 ft. 1,000 sf. / 20 ft.
    Table 3-2-2-5B
    Patio House Variation Lot and Building Standards
    Lot Size Group Min. Max.
    Lot Area Lot Width Front Setback Interior Single Side Setback Street Side Setback Rear Setback (house / garage) Patio Area / Width Height Overall
    Height (ft.)
    Building Coverage Ratio

    TABLE NOTES:

    1. The small side yard may extend from the front setback line toward the rear lot line for a distance of not more than 40 percent of the depth of the lot.
    2. Additional garage setback may be required to assure safe passage along the alley.
    Small 3,960 sf. 44 ft. 10 ft. 6 ft. 10 ft. 10 ft. / 0 ft. 930 sf. / 15 ft. 2 stories 30 40%
    Average 4,500 sf. 50 ft. 1,000 sf. / 20 ft.
    Large 5,040 sf. 56 ft. 1,000 sf. / 20 ft.

    Effective on: 9/17/2014

    Sec. 3-2-2-6 Duplexes
  • Generally. There are three types of duplex houses: standard duplexes, patio house duplexes, and over-under duplexes. (See Figure 3-2-2-6, Illustrative Duplexes.)
    1. In the standard and patio house duplex, the dwelling units are separated by a shared wall with no penetrations, and each unit has a separate outside door.
    2. Patio house duplexes, like lot-line patio houses, have alley access and an enclosed rear yard.
    3. In the over-under duplex, units are separated by a floor, and units may be accessed from an interior foyer with a staircase, or units may have separate front doors at street level. Exterior stair access to the principal entrance to the second floor unit is not allowed.
  • Figure 3-2-2-6
    Illustrative Duplexes

    Patio House Duplex: Alley Access

    Over-Under Duplex: Alley Access

    1. Lot and Building Standards for Standard and Patio House Duplexes. Table 3-2-2-6, Standard and Patio House Duplex Lot and Building Standards, sets out the lot and building requirements for standard and patio house duplexes.  The zones where duplexes are permitted and where the use is allowed are set out in Table 2-1-3-2Neighborhood Types, and Table 2-1-3-3, Residential, Transient Residential, and Overnight Accommodations Use/Zone Matrix, respectively.
    Table 3-2-2-6A
    Standard and Patio House Duplex Lot and Building Standards
    Lot Size Group Min. Max.
    Lot Area Per Dwelling Unit Lot Width Per Dwelling Unit Building Setbacks Height Overall
    Height (ft.)
    Building
    Coverage
    Ratio
    Front Interior Side Street
    Side
    Rear
    Standard Duplexes
    Street Access
    Small 4,050 sf. 45 ft. 20 ft. 5 ft. 10 ft. 20 ft. 2 stories 30 40%
    Average 4,500 sf. 50 ft.
    Large 4,950 sf. 55 ft.
    Alley Access
    Small 4,000 sf. 40 ft. 10 ft. 5 ft. 10 ft. 20 ft. (principal building)
    0 ft. (garage)
    2 stories 30 45%
    Average 4,400 sf. 44 ft.
    Large 4,800 sf. 48 ft.
    Patio House Duplexes
    Alley Access
    Small 3,150 sf. 35 ft. 10 ft. 5 ft. 10 ft. 20 ft. (principal building)
    0 ft. (garage)
    2 stories 30 45%
    Average 3,600 sf. 40 ft.
    Large 4,050 sf. 45 ft.
    Table 3-2-2-6A
    Standard and Patio House Duplex Lot and Building Standards
    Lot Size Group Min. Max.
    Lot Area Per Dwelling Unit Lot Width Per Dwelling Unit Building Setbacks Height Overall
    Height (ft.)
    Building
    Coverage
    Ratio
    Front Interior Side Street
    Side
    Rear
    Standard Duplexes
    Street Access
    Small 4,050 sf. 45 ft. 20 ft. 5 ft. 10 ft. 20 ft. 2 stories 30 40%
    Average 4,500 sf. 50 ft.
    Large 4,950 sf. 55 ft.
    Alley Access
    Small 4,000 sf. 40 ft. 10 ft. 5 ft. 10 ft. 20 ft. (principal building)
    0 ft. (garage)
    2 stories 30 45%
    Average 4,400 sf. 44 ft.
    Large 4,800 sf. 48 ft.
    Patio House Duplexes
    Alley Access
    Small 3,150 sf. 35 ft. 10 ft. 5 ft. 10 ft. 20 ft. (principal building)
    0 ft. (garage)
    2 stories 30 45%
    Average 3,600 sf. 40 ft.
    Large 4,050 sf. 45 ft.
    Table 3-2-2-6A
    Standard and Patio House Duplex Lot and Building Standards
    Lot Size Group Min. Max.
    Lot Area Per Dwelling Unit Lot Width Per Dwelling Unit Building Setbacks Height Overall
    Height (ft.)
    Building
    Coverage
    Ratio
    Front Interior Side Street
    Side
    Rear
    Standard Duplexes
    Street Access
    Small 4,050 sf. 45 ft. 20 ft. 5 ft. 10 ft. 20 ft. 2 stories 30 40%
    Average 4,500 sf. 50 ft.
    Large 4,950 sf. 55 ft.
    Alley Access
    Small 4,000 sf. 40 ft. 10 ft. 5 ft. 10 ft. 20 ft. (principal building)
    0 ft. (garage)
    2 stories 30 45%
    Average 4,400 sf. 44 ft.
    Large 4,800 sf. 48 ft.
    Patio House Duplexes
    Alley Access
    Small 3,150 sf. 35 ft. 10 ft. 5 ft. 10 ft. 20 ft. (principal building)
    0 ft. (garage)
    2 stories 30 45%
    Average 3,600 sf. 40 ft.
    Large 4,050 sf. 45 ft.
    Table 3-2-2-6A
    Standard and Patio House Duplex Lot and Building Standards
    Lot Size Group Min. Max.
    Lot Area Per Dwelling Unit Lot Width Per Dwelling Unit Building Setbacks Height Overall
    Height (ft.)
    Building
    Coverage
    Ratio
    Front Interior Side Street
    Side
    Rear
    Standard Duplexes
    Street Access
    Small 4,050 sf. 45 ft. 20 ft. 5 ft. 10 ft. 20 ft. 2 stories 30 40%
    Average 4,500 sf. 50 ft.
    Large 4,950 sf. 55 ft.
    Alley Access
    Small 4,000 sf. 40 ft. 10 ft. 5 ft. 10 ft. 20 ft. (principal building)
    0 ft. (garage)
    2 stories 30 45%
    Average 4,400 sf. 44 ft.
    Large 4,800 sf. 48 ft.
    Patio House Duplexes
    Alley Access
    Small 3,150 sf. 35 ft. 10 ft. 5 ft. 10 ft. 20 ft. (principal building)
    0 ft. (garage)
    2 stories 30 45%
    Average 3,600 sf. 40 ft.
    Large 4,050 sf. 45 ft.
    1. Lot and Building Standards for Over-Under Duplexes. Table 3-2-2-6, Over-Under Duplex Lot and Building Standards, sets out the lot and building requirements for over-under duplexes.  The zones where over-under duplexes are permitted and where the use is allowed are set out in Table 2-1-3-2Neighborhood Types, and Table 2-1-3-3, Residential, Transient Residential, and Overnight Accommodations Use/Zone Matrix, respectively.
    Table 3-2-2-6B
    Over-Under Duplex Lot and Building Standards
    Lot Size Group Min. Max.
    Lot Area Per Building Lot Width Per Building Building Setbacks Height Overall
    Height (ft.)
    Building
    Coverage
    Ratio
    Front Interior Side Street
    Side
    Rear
    Small 5,500 sf. 55 ft. 10 ft. 5 ft. 10 ft. 20 ft. (principal building)
    0 ft. (garage)
    2 stories 30 48%
    Average 6,000 sf. 60 ft.
    Large 6,500 sf. 65 ft.
    Table 3-2-2-6B
    Over-Under Duplex Lot and Building Standards
    Lot Size Group Min. Max.
    Lot Area Per Building Lot Width Per Building Building Setbacks Height Overall
    Height (ft.)
    Building
    Coverage
    Ratio
    Front Interior Side Street
    Side
    Rear
    Small 5,500 sf. 55 ft. 10 ft. 5 ft. 10 ft. 20 ft. (principal building)
    0 ft. (garage)
    2 stories 30 48%
    Average 6,000 sf. 60 ft.
    Large 6,500 sf. 65 ft.
    Table 3-2-2-6B
    Over-Under Duplex Lot and Building Standards
    Lot Size Group Min. Max.
    Lot Area Per Building Lot Width Per Building Building Setbacks Height Overall
    Height (ft.)
    Building
    Coverage
    Ratio
    Front Interior Side Street
    Side
    Rear
    Small 5,500 sf. 55 ft. 10 ft. 5 ft. 10 ft. 20 ft. (principal building)
    0 ft. (garage)
    2 stories 30 48%
    Average 6,000 sf. 60 ft.
    Large 6,500 sf. 65 ft.
    Table 3-2-2-6B
    Over-Under Duplex Lot and Building Standards
    Lot Size Group Min. Max.
    Lot Area Per Building Lot Width Per Building Building Setbacks Height Overall
    Height (ft.)
    Building
    Coverage
    Ratio
    Front Interior Side Street
    Side
    Rear
    Small 5,500 sf. 55 ft. 10 ft. 5 ft. 10 ft. 20 ft. (principal building)
    0 ft. (garage)
    2 stories 30 48%
    Average 6,000 sf. 60 ft.
    Large 6,500 sf. 65 ft.

    Effective on: 9/17/2014

    Sec. 3-2-2-7 Townhouses
  • Generally. There are three types of townhouses: standard townhouses, weak-link townhouses, and roof-deck townhouses.  (See Figure 3-2-2-7Illustrative Townhouses.)
    1. Standard townhouses are attached to each other in groups of three to eight units by common side walls without penetrations. They are accessed from an alley or parking court.
    2. Weak-link townhouses are like standard townhouses, except that they have one-story and two-story elements along the front elevation, and connect to each other in groups of three to six units. Weak-link townhouses may be accessed from the street or from an alley or parking court.
    3. Roof-deck townhouses are like standard townhouses, except that they have an outdoor recreation and leisure area on the rooftop. Roof-deck townhouses are accessed from an alley or parking court.
  • Figure 3-2-2-7
    Illustrative Townhouses

    Standard Townhouse

    Weak-Link Townhouse

    Roof-Deck Townhouse

    1. Lot and Building Standards. Table 3-2-2-7A, Townhome Lot and Building Standards, sets out the lot and building requirements for townhomes.  The zones where townhouses are permitted and where the use is allowed are set out in Table 2-1-3-2Neighborhood Types, and Table 2-1-3-3, Residential, Transient Residential, and Overnight Accommodations Use/Zone Matrix, respectively.
    Table 3-2-2-7
    Townhouse Lot and Building Standards

    TABLE NOTES:

    1. Applies to street-accessed garages only.
    2. Applies to alley-accessed garages only.
    3. Must have a one-story element that is at least 20 ft. wide.

    NA = Not Applicable

    Lot Size GroupMin. Units Per Building (min. / max.)Max.
    Lot Area Per D.U.Lot Width Per D.U. Setbacks Building SeparationHeight Overall
    Height (ft.)
    Building
    Coverage
    Ratio
    Front (townhome / garage1) Street Side Rear (townhome / garage2)
    Standard Townhomes
    Alley or Parking Court Access
    Small 2,200 sf. 22 ft. 10 ft. / NA 10 ft. 20 ft. / 0 ft. 10 ft. 3 / 8 RH Zone: 3 stories
    All Others: 2 stories

    39 

    30

    68%
    Average 2,400 sf. 24 ft.
    Large 2,600 sf. 26 ft.
    Weak-Link Townhomes
    Street Access
    Small 3,600 sf. 40 ft. 10 ft. / 20 ft. 10 ft. 15 ft. / NA 10 ft. 3 / 6 2 stories3 30 65%
    Average 3,870 sf. 43 ft.
    Large 4,230 sf. 47 ft.
    Alley or Parking Court Access
    Small 2,970 sf. 33 ft. 10 ft. / NA 10 ft. 20 ft. / 0 ft. 10 ft. 3 / 6 2 stories3 30 75%
    Average 3,240 sf. 36 ft.
    Large 3,510 sf. 39 ft.
    Roofdeck Townhomes
    Alley Access
    Small 1,800 sf. 20 ft. 10 ft. / NA 10 ft. 20 ft. / 0 ft 15 ft. 3 / 8 2
    stories
    65%
    Average 2,000 sf. 22 ft.
    Large 2,180 sf. 24 ft.
    Table 3-2-2-7
    Townhouse Lot and Building Standards

    TABLE NOTES:

    1. Applies to street-accessed garages only.
    2. Applies to alley-accessed garages only.
    3. Must have a one-story element that is at least 20 ft. wide.

    NA = Not Applicable

    Lot Size GroupMin. Units Per Building (min. / max.)Max.
    Lot Area Per D.U.Lot Width Per D.U. Setbacks Building SeparationHeight Overall
    Height (ft.)
    Building
    Coverage
    Ratio
    Front (townhome / garage1) Street Side Rear (townhome / garage2)
    Standard Townhomes
    Alley or Parking Court Access
    Small 2,200 sf. 22 ft. 10 ft. / NA 10 ft. 20 ft. / 0 ft. 10 ft. 3 / 8 RH Zone: 3 stories
    All Others: 2 stories

    39 

    30

    68%
    Average 2,400 sf. 24 ft.
    Large 2,600 sf. 26 ft.
    Weak-Link Townhomes
    Street Access
    Small 3,600 sf. 40 ft. 10 ft. / 20 ft. 10 ft. 15 ft. / NA 10 ft. 3 / 6 2 stories3 30 65%
    Average 3,870 sf. 43 ft.
    Large 4,230 sf. 47 ft.
    Alley or Parking Court Access
    Small 2,970 sf. 33 ft. 10 ft. / NA 10 ft. 20 ft. / 0 ft. 10 ft. 3 / 6 2 stories3 30 75%
    Average 3,240 sf. 36 ft.
    Large 3,510 sf. 39 ft.
    Roofdeck Townhomes
    Alley Access
    Small 1,800 sf. 20 ft. 10 ft. / NA 10 ft. 20 ft. / 0 ft 15 ft. 3 / 8 2
    stories
    65%
    Average 2,000 sf. 22 ft.
    Large 2,180 sf. 24 ft.
    Table 3-2-2-7
    Townhouse Lot and Building Standards

    TABLE NOTES:

    1. Applies to street-accessed garages only.
    2. Applies to alley-accessed garages only.
    3. Must have a one-story element that is at least 20 ft. wide.

    NA = Not Applicable

    Lot Size GroupMin. Units Per Building (min. / max.)Max.
    Lot Area Per D.U.Lot Width Per D.U. Setbacks Building SeparationHeight Overall
    Height (ft.)
    Building
    Coverage
    Ratio
    Front (townhome / garage1) Street Side Rear (townhome / garage2)
    Standard Townhomes
    Alley or Parking Court Access
    Small 2,200 sf. 22 ft. 10 ft. / NA 10 ft. 20 ft. / 0 ft. 10 ft. 3 / 8 RH Zone: 3 stories
    All Others: 2 stories

    39 

    30

    68%
    Average 2,400 sf. 24 ft.
    Large 2,600 sf. 26 ft.
    Weak-Link Townhomes
    Street Access
    Small 3,600 sf. 40 ft. 10 ft. / 20 ft. 10 ft. 15 ft. / NA 10 ft. 3 / 6 2 stories3 30 65%
    Average 3,870 sf. 43 ft.
    Large 4,230 sf. 47 ft.
    Alley or Parking Court Access
    Small 2,970 sf. 33 ft. 10 ft. / NA 10 ft. 20 ft. / 0 ft. 10 ft. 3 / 6 2 stories3 30 75%
    Average 3,240 sf. 36 ft.
    Large 3,510 sf. 39 ft.
    Roofdeck Townhomes
    Alley Access
    Small 1,800 sf. 20 ft. 10 ft. / NA 10 ft. 20 ft. / 0 ft 15 ft. 3 / 8 2
    stories
    65%
    Average 2,000 sf. 22 ft.
    Large 2,180 sf. 24 ft.
    Table 3-2-2-7
    Townhouse Lot and Building Standards

    TABLE NOTES:

    1. Applies to street-accessed garages only.
    2. Applies to alley-accessed garages only.
    3. Must have a one-story element that is at least 20 ft. wide.

    NA = Not Applicable

    Lot Size GroupMin. Units Per Building (min. / max.)Max.
    Lot Area Per D.U.Lot Width Per D.U. Setbacks Building SeparationHeight Overall
    Height (ft.)
    Building
    Coverage
    Ratio
    Front (townhome / garage1) Street Side Rear (townhome / garage2)
    Standard Townhomes
    Alley or Parking Court Access
    Small 2,200 sf. 22 ft. 10 ft. / NA 10 ft. 20 ft. / 0 ft. 10 ft. 3 / 8 RH Zone: 3 stories
    All Others: 2 stories

    39 

    30

    68%
    Average 2,400 sf. 24 ft.
    Large 2,600 sf. 26 ft.
    Weak-Link Townhomes
    Street Access
    Small 3,600 sf. 40 ft. 10 ft. / 20 ft. 10 ft. 15 ft. / NA 10 ft. 3 / 6 2 stories3 30 65%
    Average 3,870 sf. 43 ft.
    Large 4,230 sf. 47 ft.
    Alley or Parking Court Access
    Small 2,970 sf. 33 ft. 10 ft. / NA 10 ft. 20 ft. / 0 ft. 10 ft. 3 / 6 2 stories3 30 75%
    Average 3,240 sf. 36 ft.
    Large 3,510 sf. 39 ft.
    Roofdeck Townhomes
    Alley Access
    Small 1,800 sf. 20 ft. 10 ft. / NA 10 ft. 20 ft. / 0 ft 15 ft. 3 / 8 2
    stories
    65%
    Average 2,000 sf. 22 ft.
    Large 2,180 sf. 24 ft.

    Effective on: 9/17/2014

    Sec. 3-2-2-8 Multiplex and Multifamily
  • Generally. Multiplex and multifamily are both multiple-family building types. The multiplex has many attributes of a townhouse, except that the buildings are constructed to look like large single-family homes, and the units are not necessarily separated by a wall that extends from the foundation to the roof. The multifamily housing type is typically in the form of apartments or condominiums of two to five stories in height. Multifamily may also be located in the upper floors of mixed-use buildings, but those buildings are subject to the standards for nonresidential and mixed use buildings set out in Division 3-2-3, Nonresidential and Mixed-Use Zones.
  • Figure 3-2-2-8A
    Illustrative Multiplex Building
    Figure 3-2-2-8B
    Illustrative Multifamily Building
    1. Lot and Building Standards. Table 3-2-2-8 , Multiplex and Multifamily Lot and Building Standards, sets out the lot requirements for multiplex and multifamily development.  The zones where multiplex and multifamily buildings are permitted and where the uses are allowed are set out in Table 2-1-3-2Neighborhood Types, and Table 2-1-3-3, Residential, Transient Residential, and Overnight Accommodations Use/Zone Matrix, respectively.
    Table 3-2-2-8
    Multiplex and Multifamily Lot and Building Standards
    Standards Development Type
    Multiplex Multifamily

    TABLE NOTES:

    1. Along arterials, access management standards may require a wider lot width.
    2. Setback from public street right-of-way. Where private internal circulation is used, the setback may be reduced to 12 feet.

    NA = Not Applicable

    Minimum Lot Area and Width
    Min. Area of Parcel Proposed for Development 3 d.u. building: 8,000 sf.
    4 d.u. building: 10,000 sf.
    5 d.u. building: 12,000 sf.
    22,500 sf.
    Min. Lot Width 3 d.u. building: 80 ft.
    4 d.u. building: 100 ft.
    5 d.u. building: 120 ft.
    100 ft.1
    Minimum Setbacks and Building Separation
    Front Setback 15 ft. 30 ft.2
    Rear Setback 20 ft. 30 ft.
    Building Separation (between buildings within the parcel proposed for development) / Side Setback (between buildings and property lines of parcel proposed for development) 15 ft. / 10 ft. 20 ft. / 20 ft.
    Parking Setback from Side Property Lines 2.5 ft. 8 ft.
    Parking Setback from Rear Property Line NA 8 ft.
    Maximum Height and First Floor Dwelling Units
    Maximum Plate Height 2.5 stories 3 stories
    Maximum Height 34 ft. 39 ft.
    Maximum Building Coverage Ratio (%) 40% 30%
    Maximum Number of First Floor Units per Building 3 8
    Table 3-2-2-8
    Multiplex and Multifamily Lot and Building Standards
    Standards Development Type
    Multiplex Multifamily

    TABLE NOTES:

    1. Along arterials, access management standards may require a wider lot width.
    2. Setback from public street right-of-way. Where private internal circulation is used, the setback may be reduced to 12 feet.

    NA = Not Applicable

    Minimum Lot Area and Width
    Min. Area of Parcel Proposed for Development 3 d.u. building: 8,000 sf.
    4 d.u. building: 10,000 sf.
    5 d.u. building: 12,000 sf.
    22,500 sf.
    Min. Lot Width 3 d.u. building: 80 ft.
    4 d.u. building: 100 ft.
    5 d.u. building: 120 ft.
    100 ft.1
    Minimum Setbacks and Building Separation
    Front Setback 15 ft. 30 ft.2
    Rear Setback 20 ft. 30 ft.
    Building Separation (between buildings within the parcel proposed for development) / Side Setback (between buildings and property lines of parcel proposed for development) 15 ft. / 10 ft. 20 ft. / 20 ft.
    Parking Setback from Side Property Lines 2.5 ft. 8 ft.
    Parking Setback from Rear Property Line NA 8 ft.
    Maximum Height and First Floor Dwelling Units
    Maximum Plate Height 2.5 stories 3 stories
    Maximum Height 34 ft. 39 ft.
    Maximum Building Coverage Ratio (%) 40% 30%
    Maximum Number of First Floor Units per Building 3 8
    Table 3-2-2-8
    Multiplex and Multifamily Lot and Building Standards
    Standards Development Type
    Multiplex Multifamily

    TABLE NOTES:

    1. Along arterials, access management standards may require a wider lot width.
    2. Setback from public street right-of-way. Where private internal circulation is used, the setback may be reduced to 12 feet.

    NA = Not Applicable

    Minimum Lot Area and Width
    Min. Area of Parcel Proposed for Development 3 d.u. building: 8,000 sf.
    4 d.u. building: 10,000 sf.
    5 d.u. building: 12,000 sf.
    22,500 sf.
    Min. Lot Width 3 d.u. building: 80 ft.
    4 d.u. building: 100 ft.
    5 d.u. building: 120 ft.
    100 ft.1
    Minimum Setbacks and Building Separation
    Front Setback 15 ft. 30 ft.2
    Rear Setback 20 ft. 30 ft.
    Building Separation (between buildings within the parcel proposed for development) / Side Setback (between buildings and property lines of parcel proposed for development) 15 ft. / 10 ft. 20 ft. / 20 ft.
    Parking Setback from Side Property Lines 2.5 ft. 8 ft.
    Parking Setback from Rear Property Line NA 8 ft.
    Maximum Height and First Floor Dwelling Units
    Maximum Plate Height 2.5 stories 3 stories
    Maximum Height 34 ft. 39 ft.
    Maximum Building Coverage Ratio (%) 40% 30%
    Maximum Number of First Floor Units per Building 3 8
    Table 3-2-2-8
    Multiplex and Multifamily Lot and Building Standards
    Standards Development Type
    Multiplex Multifamily

    TABLE NOTES:

    1. Along arterials, access management standards may require a wider lot width.
    2. Setback from public street right-of-way. Where private internal circulation is used, the setback may be reduced to 12 feet.

    NA = Not Applicable

    Minimum Lot Area and Width
    Min. Area of Parcel Proposed for Development 3 d.u. building: 8,000 sf.
    4 d.u. building: 10,000 sf.
    5 d.u. building: 12,000 sf.
    22,500 sf.
    Min. Lot Width 3 d.u. building: 80 ft.
    4 d.u. building: 100 ft.
    5 d.u. building: 120 ft.
    100 ft.1
    Minimum Setbacks and Building Separation
    Front Setback 15 ft. 30 ft.2
    Rear Setback 20 ft. 30 ft.
    Building Separation (between buildings within the parcel proposed for development) / Side Setback (between buildings and property lines of parcel proposed for development) 15 ft. / 10 ft. 20 ft. / 20 ft.
    Parking Setback from Side Property Lines 2.5 ft. 8 ft.
    Parking Setback from Rear Property Line NA 8 ft.
    Maximum Height and First Floor Dwelling Units
    Maximum Plate Height 2.5 stories 3 stories
    Maximum Height 34 ft. 39 ft.
    Maximum Building Coverage Ratio (%) 40% 30%
    Maximum Number of First Floor Units per Building 3 8

    Effective on: 9/17/2014

    Sec. 3-2-3-1 Standards for New Nonresidential and Mixed-Use Lots
    BP: Business Park/Campus CategoryCB: Central Business CategoryCG: Commercial - General CategoryCR: Commercial - Regional CategoryEN-1: Established Neighborhood - Old Durango CategoryEN-2: Established Neighborhood - 2nd and 3rd Avenues CategoryEN-3: Established Neighborhood - East Animas City CategoryEN-4: Established Neighborhood - Crestview and Needham CategoryEN-5: Established Neighborhood - Riverview CategoryEN-6: Established Neighborhood - Other Single-Family Neighborhoods CategoryEN-MF: Established Neighborhood - Multifamily CategoryLI: Light Industry CategoryMU-A: Mixed-Use - Arterial Corridor CategoryMU-N: Mixed-Use - Neighborhood CategoryOS: Open Space CategoryPB: Public CategoryPD: Planned Development CategoryRA: Rural/Agriculture CategoryRH: Residential - High CategoryRL: Residential - Low CategoryRM: Residential - Medium Category

    1. Generally. The standards of this Section apply to new lots that are intended for nonresidential or mixed-use development, except within Traditional Neighborhood Developments ("TNDs"), which are subject to the standards of Section 3-2-3-3, Nonresidential and Mixed-Use Lots in Traditional Neighborhood Developments.
    2. Standards for New Nonresidential and Mixed-Use Lots.
      1. The minimum lot area, minimum lot width, and minimum frontage for nonresidential and mixed-use lots is set out in Table 3-2-3-1, Standards for New Nonresidential and Mixed-Use Lots.
    Table 3-2-3-1
    Standards for New Nonresidential and Mixed-Use Lots
    DistrictMinimum Lot AreaMinimum Lot WidthMinimum Lot Frontage

    EN

    12,500 sf.75 ft.60 ft.

    EN-MF

    12,500 sf.75 ft.60 ft.

    RL

    2 ac.200 ft.150 ft.

    RM

    1.5 ac.175 ft.125 ft.

    RH

    1 ac.125 ft.100 ft.

    CB

    3,750 sf.25 ft.25 ft.

    MU-N

    15,000 sf.100 ft.100 ft.

    MU-A

    14,000 sf.100 ft.100 ft.

    CG

    1 ac.125 ft.100 ft.

    CR

    5 ac.330 ft.250 ft.

    BP

    12,000 sf.80 ft.50 ft.

    LI

    12,000 sf.80 ft.50 ft.

    RA

    5 ac.330 ft.250 ft.

    OS

    35 ac.660 ft.600 ft.

    PB

    NANANA

    PD

    As provided by PD approvalAs provided by PD approvalAs provided by PD approval

    TABLE NOTES:

    NA = Not Applicable

    Table 3-2-3-1
    Standards for New Nonresidential and Mixed-Use Lots
    DistrictMinimum Lot AreaMinimum Lot WidthMinimum Lot Frontage

    EN

    12,500 sf.75 ft.60 ft.

    EN-MF

    12,500 sf.75 ft.60 ft.

    RL

    2 ac.200 ft.150 ft.

    RM

    1.5 ac.175 ft.125 ft.

    RH

    1 ac.125 ft.100 ft.

    CB

    3,750 sf.25 ft.25 ft.

    MU-N

    15,000 sf.100 ft.100 ft.

    MU-A

    14,000 sf.100 ft.100 ft.

    CG

    1 ac.125 ft.100 ft.

    CR

    5 ac.330 ft.250 ft.

    BP

    12,000 sf.80 ft.50 ft.

    LI

    12,000 sf.80 ft.50 ft.

    RA

    5 ac.330 ft.250 ft.

    OS

    35 ac.660 ft.600 ft.

    PB

    NANANA

    PD

    As provided by PD approvalAs provided by PD approvalAs provided by PD approval

    TABLE NOTES:

    NA = Not Applicable

    Table 3-2-3-1
    Standards for New Nonresidential and Mixed-Use Lots
    DistrictMinimum Lot AreaMinimum Lot WidthMinimum Lot Frontage

    EN

    12,500 sf.75 ft.60 ft.

    EN-MF

    12,500 sf.75 ft.60 ft.

    RL

    2 ac.200 ft.150 ft.

    RM

    1.5 ac.175 ft.125 ft.

    RH

    1 ac.125 ft.100 ft.

    CB

    3,750 sf.25 ft.25 ft.

    MU-N

    15,000 sf.100 ft.100 ft.

    MU-A

    14,000 sf.100 ft.100 ft.

    CG

    1 ac.125 ft.100 ft.

    CR

    5 ac.330 ft.250 ft.

    BP

    12,000 sf.80 ft.50 ft.

    LI

    12,000 sf.80 ft.50 ft.

    RA

    5 ac.330 ft.250 ft.

    OS

    35 ac.660 ft.600 ft.

    PB

    NANANA

    PD

    As provided by PD approvalAs provided by PD approvalAs provided by PD approval

    TABLE NOTES:

    NA = Not Applicable

    Table 3-2-3-1
    Standards for New Nonresidential and Mixed-Use Lots
    DistrictMinimum Lot AreaMinimum Lot WidthMinimum Lot Frontage

    EN

    12,500 sf.75 ft.60 ft.

    EN-MF

    12,500 sf.75 ft.60 ft.

    RL

    2 ac.200 ft.150 ft.

    RM

    1.5 ac.175 ft.125 ft.

    RH

    1 ac.125 ft.100 ft.

    CB

    3,750 sf.25 ft.25 ft.

    MU-N

    15,000 sf.100 ft.100 ft.

    MU-A

    14,000 sf.100 ft.100 ft.

    CG

    1 ac.125 ft.100 ft.

    CR

    5 ac.330 ft.250 ft.

    BP

    12,000 sf.80 ft.50 ft.

    LI

    12,000 sf.80 ft.50 ft.

    RA

    5 ac.330 ft.250 ft.

    OS

    35 ac.660 ft.600 ft.

    PB

    NANANA

    PD

    As provided by PD approvalAs provided by PD approvalAs provided by PD approval

    TABLE NOTES:

    NA = Not Applicable

      1. Additional lot area, lot width, or lot frontage may be required:
        1. To implement adopted access management plans along transportation corridors (see Division 4-2-4, Access Management);
        2. To ensure that adequate area is available on the lot for:
          1. The proposed use;
          2. Required parking, loading, maneuvering, and other site improvements necessary for the proposed use; and
          3. Required resource protection (see Division 4-4-2, Resouces Protection Standards); or
        3. As provided in Article 2-2, Special, Limited, and Conditional Use Standards, for the proposed use.
      2. Lot area, lot width, and / or lot frontage may be reduced:
        1. If the affected lots are part of a nonresidential or mixed-use development which:
          1. In the aggregate, meets the minimum lot area, minimum lot width, and minimum lot frontage requirements of Table 3-2-3-1, Standards for New Nonresidential and Mixed Use Lots;
          2. Utilizes shared access to limit curb cuts to the number that would be allowed for a single parcel; and
          3. Provides shared parking resources, if necessary, to meet off-street parking requirements on the smaller lots.
        2. If allowed by Article 2-2, Special, Limited, and Conditional Use Standards, for the proposed use.
        3. In order to provide locations for essential services.

    Effective on: 7/1/2014

    Sec. 3-2-3-2 Nonresidential and Mixed-Use Lot and Building Standards
    BP: Business Park/Campus CategoryCB: Central Business CategoryCG: Commercial - General CategoryCR: Commercial - Regional CategoryEN-1: Established Neighborhood - Old Durango CategoryEN-2: Established Neighborhood - 2nd and 3rd Avenues CategoryEN-3: Established Neighborhood - East Animas City CategoryEN-4: Established Neighborhood - Crestview and Needham CategoryEN-5: Established Neighborhood - Riverview CategoryEN-6: Established Neighborhood - Other Single-Family Neighborhoods CategoryEN-MF: Established Neighborhood - Multifamily CategoryLI: Light Industry CategoryMU-A: Mixed-Use - Arterial Corridor CategoryMU-N: Mixed-Use - Neighborhood CategoryOS: Open Space CategoryPB: Public CategoryPD: Planned Development CategoryRA: Rural/Agriculture CategoryRH: Residential - High CategoryRL: Residential - Low CategoryRM: Residential - Medium Category

    1. Generally. The standards of this Section apply to nonresidential and mixed-use buildings, except in Traditional Neighborhood Developments ("TNDs"). For Traditional Neighborhood Development standards, see Section 3-2-3-4, Nonresidential and Mixed-Use Lots and Building Standards in Traditional Neighborhood Developments.
    2. Conflicts with Other Standards. The standards set out Article 2-2, Special, Limited, and Conditional Use Standards, supersede the standards of this Section where such standards are in direct conflict.
    3. Standard Development. The standards for setbacks and building height for nonresidential and mixed-use buildings in each zone are set out in Table 3-2-3-2, Nonresidential and Mixed-Use Lot and Building Standards: Standard Development.

    TABLE NOTES:

    1. Height may be increased if it is demonstrated that the additional height is necessary for the operation of the proposed use (e.g., to accommodate special equipment).
    2. If the PD approval is silent as to principal building height, the principal buiding height is limited to 35 ft.
    3. If the PD approval is silent as to accessory building height, the accessory building height is limited to 25 ft.
    Table 3-2-3-2
    Nonresidential and Mixed-Use Lot and Building Standards: Standard Development
    ZoneMin. Building Setbacks (Principal / Accessory)Max. Height
    FrontInterior SideStreet SideRearPrincipal BuildingsAccessory Buildings

    EN

    Same as residential use

    50% more than residential use / 5 ft.

    Same as residential use

    50% more than residential use / 5 ft.

    10% more than residential use

    20 ft.

    EN-MF

    Same as residential use

    50% more than residential use / 5 ft.

    Same as residential use

    50% more than residential use / 5 ft.

    10% more than residential use

    20 ft.

    RL

    25 ft.

    10 ft. / 5 ft.

    15 ft.

    30 ft. / 5 ft.

    35 ft.

    20 ft.

    RM

    25 ft.

    10 ft. / 5 ft.

    15 ft .

    30 ft / 5 ft..

    35 ft.

    20 ft.

    RH

    20 ft.

    10 ft. / 5 ft.

    15 ft.

    30 ft. / 5 ft.

    35 ft.

    20 ft.

    CB

    Generally, buildings shall be built to front and side lot lines, except where a setback is used to provide landscaped pedestrian amenities (e.g., a plaza), mid-block access, or a sidewalk easement. If an interior side setback is provided, it shall be at least 5 ft.

    Where buildings abut a residential zone, the setback along the district boundary line is 10 ft.

    55 ft., except that buildings with rear frontage on the alley between E. 2nd Ave. and E. 3rd Ave. shall not exceed 35 ft. within the rear 1/3 of the lot.

    20 ft.

    MU-N

    20 ft.; except 10 ft. if fronting on E. College Dr.

    5 ft. from residential zone boundaries; 0 ft. elsewhere

    10 ft.; except 20 ft. if fronting on E. College Dr.

    5 ft. from residential zone boundaries and if access is abutting a 20 ft. alley; 0 ft. elsewhere

    Wall plate height: 17.5 ft.;

    Overall height: 28 ft.

    20 ft.

    MU-A

    10 ft.

    5 ft. for upper floors;

    5 ft. where property abuts residential zone;

    0 ft. elsewhere.

    10 ft.

    10 ft. from residential zone boundaries and if access is abutting a 20 ft. alley; 0 ft. elsewhere.

    40 ft.; except 35 feet for properties abutting the Animas River; and buildings along Main Avenue that adjoin a residential zone shall not exceed 35 ft. within the rear 1/3 of the lot

    20 ft.

    CG

    10 ft.

    10 ft. / 5 ft.

    10 ft.

    20 ft. / 5 ft.

    35 ft.

    25 ft.

    CR

    25 ft.

    20 ft. / 5 ft.

    20 ft.

    20 ft. / 5 ft.

    40 ft.

    25 ft.

    BP

    25 ft.

    15 ft. / 5 ft.

    15 ft.

    25 ft. / 5 ft.

    50 ft.

    25 ft.

    LI

    25 ft.

    15 ft. / 5 ft.

    15 ft.

    25 ft. / 5 ft.

    40 ft.1

    25 ft.1

    RA

    25 ft.

    15 ft. / 5 ft.

    15 ft.

    20 ft. / 5 ft.

    35 ft.

    25 ft.

    OS

    25 ft.

    15 ft. / 5 ft.

    15 ft.

    20 ft. / 5 ft.

    35 ft.

    25 ft.

    PB

    10 ft.

    10 ft. / 5 ft.

    10 ft.

    20 ft. / 5 ft.

    35 ft.1

    25 ft.1

    PD

    As provided in PD approval

    As provided in PD approval2

    As provided in PD approval3

    Effective on: 7/1/2014

    Sec. 3-2-3-3 Nonresidential and Mixed-Use Lots in Traditional Neighborhood Developments
    BP: Business Park/Campus CategoryMU-A: Mixed-Use - Arterial Corridor CategoryMU-N: Mixed-Use - Neighborhood CategoryPD: Planned Development CategoryRH: Residential - High CategoryRM: Residential - Medium Category

    1. Generally. The standards of this Section apply to new lots intended for nonresidential and mixed use lots within Traditional Neighborhood Developments ("TNDs").
    Table 3-2-3-3
    Standards for New Nonresidential Lots: TNDs
    DistrictLocation1Minimum Lot AreaMinimum Lot WidthMinimum Lot Frontage

    TABLE NOTE:

    1. Sub-areas are described in Section 4-1-3-7, Traditional Neighborhood Development. Lots in the edge residential subdistrict of a TND are subject to the standards of Section 3-2-3-1, Standards for New Nonresidential and Mixed-Use Lots.
    RMNeighborhood Center6,000 sf.50 ft.50 ft.
    Neighborhood Residential6,000 sf.50 ft.50 ft.
    RHNeighborhood Center2,500 sf.25 ft.25 ft.
    Neighborhood Residential5,000 sf.50 ft.50 ft.
    MU-NNeighborhood Center2,500 sf.25 ft.25 ft.
    Neighborhood Residential6,000 sf.50 ft.50 ft.
    MU-ANeighborhood Center2,500 sf.25 ft.25 ft.
    Neighborhood Residential5,000 sf.50 ft.50 ft.
    BPNeighborhood Center6,000 sf.50 ft.50 ft.
    Neighborhood Residential6,000 sf.50 ft.50 ft.
    PDNeighborhood Center2,500 sf.25 ft.25 ft.
    Neighborhood Residential5,000 sf.50 ft.50 ft.
    Table 3-2-3-3
    Standards for New Nonresidential Lots: TNDs
    DistrictLocation1Minimum Lot AreaMinimum Lot WidthMinimum Lot Frontage

    TABLE NOTE:

    1. Sub-areas are described in Section 4-1-3-7, Traditional Neighborhood Development. Lots in the edge residential subdistrict of a TND are subject to the standards of Section 3-2-3-1, Standards for New Nonresidential and Mixed-Use Lots.
    RMNeighborhood Center6,000 sf.50 ft.50 ft.
    Neighborhood Residential6,000 sf.50 ft.50 ft.
    RHNeighborhood Center2,500 sf.25 ft.25 ft.
    Neighborhood Residential5,000 sf.50 ft.50 ft.
    MU-NNeighborhood Center2,500 sf.25 ft.25 ft.
    Neighborhood Residential6,000 sf.50 ft.50 ft.
    MU-ANeighborhood Center2,500 sf.25 ft.25 ft.
    Neighborhood Residential5,000 sf.50 ft.50 ft.
    BPNeighborhood Center6,000 sf.50 ft.50 ft.
    Neighborhood Residential6,000 sf.50 ft.50 ft.
    PDNeighborhood Center2,500 sf.25 ft.25 ft.
    Neighborhood Residential5,000 sf.50 ft.50 ft.
    Table 3-2-3-3
    Standards for New Nonresidential Lots: TNDs
    DistrictLocation1Minimum Lot AreaMinimum Lot WidthMinimum Lot Frontage

    TABLE NOTE:

    1. Sub-areas are described in Section 4-1-3-7, Traditional Neighborhood Development. Lots in the edge residential subdistrict of a TND are subject to the standards of Section 3-2-3-1, Standards for New Nonresidential and Mixed-Use Lots.
    RMNeighborhood Center6,000 sf.50 ft.50 ft.
    Neighborhood Residential6,000 sf.50 ft.50 ft.
    RHNeighborhood Center2,500 sf.25 ft.25 ft.
    Neighborhood Residential5,000 sf.50 ft.50 ft.
    MU-NNeighborhood Center2,500 sf.25 ft.25 ft.
    Neighborhood Residential6,000 sf.50 ft.50 ft.
    MU-ANeighborhood Center2,500 sf.25 ft.25 ft.
    Neighborhood Residential5,000 sf.50 ft.50 ft.
    BPNeighborhood Center6,000 sf.50 ft.50 ft.
    Neighborhood Residential6,000 sf.50 ft.50 ft.
    PDNeighborhood Center2,500 sf.25 ft.25 ft.
    Neighborhood Residential5,000 sf.50 ft.50 ft.
    Table 3-2-3-3
    Standards for New Nonresidential Lots: TNDs
    DistrictLocation1Minimum Lot AreaMinimum Lot WidthMinimum Lot Frontage

    TABLE NOTE:

    1. Sub-areas are described in Section 4-1-3-7, Traditional Neighborhood Development. Lots in the edge residential subdistrict of a TND are subject to the standards of Section 3-2-3-1, Standards for New Nonresidential and Mixed-Use Lots.
    RMNeighborhood Center6,000 sf.50 ft.50 ft.
    Neighborhood Residential6,000 sf.50 ft.50 ft.
    RHNeighborhood Center2,500 sf.25 ft.25 ft.
    Neighborhood Residential5,000 sf.50 ft.50 ft.
    MU-NNeighborhood Center2,500 sf.25 ft.25 ft.
    Neighborhood Residential6,000 sf.50 ft.50 ft.
    MU-ANeighborhood Center2,500 sf.25 ft.25 ft.
    Neighborhood Residential5,000 sf.50 ft.50 ft.
    BPNeighborhood Center6,000 sf.50 ft.50 ft.
    Neighborhood Residential6,000 sf.50 ft.50 ft.
    PDNeighborhood Center2,500 sf.25 ft.25 ft.
    Neighborhood Residential5,000 sf.50 ft.50 ft.
    1. Increases in Required Lot Area, Lot Width, or Lot Frontage. Table 3-2-3-3, Standards for New Residential Lots: TNDs, assumes that the TND will be laid out with on-street parking and shared parking areas, and that the uses that will occupy the buildings are permitted uses (as opposed to special, limited, or conditional uses) without additional lot area, width, or frontage requirements. As such, additional lot area, lot width, or lot frontage may be required:
      1. If needed to accommodate on-site parking (e.g., if the use is not supported by a combination of on-street parking, remote parking, and / or shared parking); or
      2. If required by the standards in Article 2-2, Special, Limited and Conditional Use Standards.

    Effective on: 7/1/2014

    Sec. 3-2-3-4 Nonresidential and Mixed-Use Lot and Building Standards in Traditional Neighborhood Developments
    BP: Business Park/Campus CategoryMU-A: Mixed-Use - Arterial Corridor CategoryMU-N: Mixed-Use - Neighborhood CategoryPD: Planned Development CategoryRH: Residential - High CategoryRM: Residential - Medium Category

    1. Generally. The standards of this Section apply to nonresidential and mixed-use buildings within Traditional Neighborhood Developments ("TNDs"). Standards for other locations are set out in Section 3-2-3-2, Nonresidential and Mixed-Use Lot and Building Standards.
    2. Conflicts with Other Standards. The standards set out Article 2-2, Special, Limited, and Conditional Use Standards, supersede the standards of this Section where such standards are in direct conflict.
    3. Standards. The standards for setbacks and building heights for nonresidential and mixed-use buildings in traditional neighborhood developments, regardless of zoning district, are set out in Table 3-2-3-4, Nonresidential and Mixed-Use Lot and Building Standards: TNDs. Design standards for Traditional Neighborhood Developments, which include descriptions of each of the sub-areas listed in the table, are set out in Section 4-1-3-7, Traditional Neighborhood Development.
    Table 3-2-3-4
    Nonresidential and Mixed-Use Lot and Building Standards: TNDs
    TND Sub-area1Min. Building SetbacksMax. Height
    FrontInterior SideStreet SideRearPrincipal BuildingsAccessory Buildings

    TABLE NOTES:

    1. See Section 4-1-3-7, Traditional Neighborhood Development
    2. This standard is a build-to line. Not less than 60% of the building facade shall be built to the front lot line.
    3. Safe visibility triangles shall be maintained at corners. See Section 4-2-2-12, Corner Sight Distance; and Section 4-2-2-13, Visibility Triangles for Minor Streets and Driveways.
    Neighborhood Center0 ft.2, 30 ft.0 ft.3

    0 ft.3; 5 ft. if access is abutting a 20 ft. alley

    35 ft.20 ft.
    Neighborhood Residential10 ft.5 ft.10 ft.20 ft.35 ft.20 ft.
    Edge ResidentialSee Section 3-2-3-2, Nonresidential and Mixed-Use Lot and Building Standards
    Table 3-2-3-4
    Nonresidential and Mixed-Use Lot and Building Standards: TNDs
    TND Sub-area1Min. Building SetbacksMax. Height
    FrontInterior SideStreet SideRearPrincipal BuildingsAccessory Buildings

    TABLE NOTES:

    1. See Section 4-1-3-7, Traditional Neighborhood Development
    2. This standard is a build-to line. Not less than 60% of the building facade shall be built to the front lot line.
    3. Safe visibility triangles shall be maintained at corners. See Section 4-2-2-12, Corner Sight Distance; and Section 4-2-2-13, Visibility Triangles for Minor Streets and Driveways.
    Neighborhood Center0 ft.2, 30 ft.0 ft.3

    0 ft.3; 5 ft. if access is abutting a 20 ft. alley

    35 ft.20 ft.
    Neighborhood Residential10 ft.5 ft.10 ft.20 ft.35 ft.20 ft.
    Edge ResidentialSee Section 3-2-3-2, Nonresidential and Mixed-Use Lot and Building Standards
    Table 3-2-3-4
    Nonresidential and Mixed-Use Lot and Building Standards: TNDs
    TND Sub-area1Min. Building SetbacksMax. Height
    FrontInterior SideStreet SideRearPrincipal BuildingsAccessory Buildings

    TABLE NOTES:

    1. See Section 4-1-3-7, Traditional Neighborhood Development
    2. This standard is a build-to line. Not less than 60% of the building facade shall be built to the front lot line.
    3. Safe visibility triangles shall be maintained at corners. See Section 4-2-2-12, Corner Sight Distance; and Section 4-2-2-13, Visibility Triangles for Minor Streets and Driveways.
    Neighborhood Center0 ft.2, 30 ft.0 ft.3

    0 ft.3; 5 ft. if access is abutting a 20 ft. alley

    35 ft.20 ft.
    Neighborhood Residential10 ft.5 ft.10 ft.20 ft.35 ft.20 ft.
    Edge ResidentialSee Section 3-2-3-2, Nonresidential and Mixed-Use Lot and Building Standards
    Table 3-2-3-4
    Nonresidential and Mixed-Use Lot and Building Standards: TNDs
    TND Sub-area1Min. Building SetbacksMax. Height
    FrontInterior SideStreet SideRearPrincipal BuildingsAccessory Buildings

    TABLE NOTES:

    1. See Section 4-1-3-7, Traditional Neighborhood Development
    2. This standard is a build-to line. Not less than 60% of the building facade shall be built to the front lot line.
    3. Safe visibility triangles shall be maintained at corners. See Section 4-2-2-12, Corner Sight Distance; and Section 4-2-2-13, Visibility Triangles for Minor Streets and Driveways.
    Neighborhood Center0 ft.2, 30 ft.0 ft.3

    0 ft.3; 5 ft. if access is abutting a 20 ft. alley

    35 ft.20 ft.
    Neighborhood Residential10 ft.5 ft.10 ft.20 ft.35 ft.20 ft.
    Edge ResidentialSee Section 3-2-3-2, Nonresidential and Mixed-Use Lot and Building Standards

    Effective on: 7/1/2014

    Sec. 3-2-4-1 Alternative Setbacks
    BP: Business Park/Campus CategoryMU-A: Mixed-Use - Arterial Corridor CategoryMU-N: Mixed-Use - Neighborhood CategoryPD: Planned Development CategoryRH: Residential - High CategoryRM: Residential - Medium Category

    1. Generally. Alternatives to the setback standards set out in Division 3-2-2, Housing Palette, may be established for a proposed mixed housing neighborhood (see Section 2-4-2-1, Residential and Mixed-Use Neighborhood Types and Minimum Parcel Areas, and Section 4-1-3-6, Mixed-Housing Neighborhoods) or traditional neighborhood development ("TND") (see Section 2-4-2-1, Residential and Mixed-Use Neighborhood Types and Minimum Parcel Areas, and Section 4-1-3-7, Traditional Neighborhood Development) pursuant to the standards this Section. The alternative standards are established using a pattern book (see Section 6-3-6-11, Pattern Books) that includes the alternative standards and demonstrates compliance with all of the standards of this Section.
    2. Modification of Required Setbacks. Required setbacks may be modified as provided in this Subsection upon demonstration of compliance with all applicable requirements of this Division. Note that modification of setbacks for one housing type may convert it into another housing type (e.g., single-family detached may become zero lot line), and that an alternative to modification may be the selection of the other housing type from the housing palette (see Division 3-2-2, Housing Palette). Modifications shall not be used to allow development of housing types that are not allowed in the zone in which the parcel proposed for development is located.
      1. Effect on Building Coverage. The objective of this Section is not to expand the permissible building coverage, but instead, to provide for a range of relationships between buildings and the street.
      2. Front Setbacks.
        1. In a mixed housing neighborhood, front setbacks may be reduced to five feet by the Administrator, provided that:
          1. They do not allow the building to encroach into a utility easement; and
          2. They are not reduced to less than 20 feet in front of a street-facing garage.
        2. In a TND, front setbacks (or build-to lines) are in the following ranges:
          1. Neighborhood Center Subdistrict: 0 feet to 8 feet.
          2. Neighborhood Residential Subdistrict: 0 feet to 15 feet.
          3. Edge Residential Subdistrict: 10 feet or more
      3. Interior Side Setbacks. Where interior side setbacks are required, they may be reduced by the Administrator, provided that:
        1. There is no reduction of an interior side setback along a lot line that is also a boundary line of the proposed development;
        2. Buildings on both sides of the reduced setback are constructed to applicable building and fire codes based on their proximity to each other;
        3. There is sufficient space between the buildings for building maintenance and emergency access; and
        4. Windows that face the reduced setback are not located across from each other unless they are frosted and inoperable, or located at least six feet above the room floor of the story in which they are located, or an opaque fence blocks the view from the window into the abutting property.
      4. Street Side Setbacks. Street side setbacks may be reduced by the Administrator, provided that:
        1. The City Engineer finds that there is no material impact on public safety as a result of potential obstruction of the street for sight distances, visibility triangles, or movement of emergency vehicles;
        2. Building walls are located at least five feet from the inside edge of the public sidewalk and do not encroach upon the public right-of-way or utility easements; and
        3. The setback is not reduced to less than 20 feet in front of a street facing garage.
      5. Rear Setbacks. Rear setbacks may be reduced by the Administrator, provided that:
        1. The City Engineer finds that, if the lot is accessed from an alley, there is sufficient area for parking, and maneuvering, and safe passage along the alley;
        2. The City Engineer finds that there is no material impact on public safety as a result of potential obstruction of the street for sight distances, visibility triangles, or movement of emergency vehicles; and
        3. No permanent structure encroaches into a utility easement, unless permission is granted in writing by the affected utility.

    Effective on: 7/1/2014

    Sec. 3-2-4-2 Alternative Lot Dimensions
    BP: Business Park/Campus CategoryMU-A: Mixed-Use - Arterial Corridor CategoryMU-N: Mixed-Use - Neighborhood CategoryPD: Planned Development CategoryRH: Residential - High CategoryRM: Residential - Medium Category

    1. Generally. Alternatives to the lot area and lot width standards set out in Division 3-2-2, Housing Palette, may be established for a proposed mixed housing neighborhood (see Section 2-4-2-1, Residential and Mixed-Use Neighborhood Types and Minimum Parcel Areas, and Section 4-1-3-6, Mixed-Housing Neighborhoods) or traditional neighborhood development ("TND") (see Section 2-4-2-1, Residential and Mixed-Use Neighborhood Types and Minimum Parcel Areas, and Section 4-1-3-7, Traditional Neighborhood Development) pursuant to the standards this Section. The alternative standards are established using a pattern book (see Section 6-3-6-11, Pattern Books) that includes the alternative standards and demonstrates compliance with all of the standards of this Section.
    2. Modification of Lot Width and Area. Division 3-2-2, Housing Palette, provides for variable lot area and width, which is intended to provide visual interest and create neighborhoods where homes can be constructed and purchased at a wider range of price points than neighborhoods that have uniform lot dimensions. As an alternative to strict minimum lot size requirements, density limits and minimum open space requirements prevent the over-development of land. Lot area and width may be modified as follows:
      1. Increases in average lot width for a particular housing type shall be roughly offset by the inclusion of another housing type in the development that provides for a smaller lot and less floor area.
      2. Increases in the average lot area for a particular housing type shall be the result of the application of Subsection B.1., above; or the result of an increase in lot depth that is reasonably necessary to fit the development pattern on the parcel proposed for development.
      3. Reductions in the average lot width for a particular housing type shall be permitted as follows:
        1. Lots for single-family, attached single-family, and multiplex housing types shall be sized to accommodate on-site parking for each dwelling unit. All lots that are narrower than 40 feet shall be accessed by alleys or parking courts. Tandem parking may only be used to satisfy parking requirements if the City Engineer finds that:
          1. Traffic volumes are low enough in the area of the parking to prevent significant conflicts;
          2. Both spaces in each tandem arrangement are restricted for use by a single dwelling unit; and
          3. There is sufficient maneuvering space in the alley to accommodate the tandem parking movements.
        2. Lots for multifamily housing types shall be sized to accommodate on-site parking unless the multifamily development is located in the neighborhood center of a traditional neighborhood development ("TND") and the building is served by remote parking.
    3. Limitations. Modification of lot width and lot area for one housing type may convert it into another housing type (e.g., single-family detached may become patio house or cottage), and that an alternative to modification may be the selection of the other housing type from the housing palette. Modifications shall not be used to allow development of housing types that are not allowed in the zone in which the parcel proposed for development is located.

    Effective on: 7/1/2014

    Sec. 3-3-1-1 Purpose and Intent
  • Purpose. The purpose of this Article is to promote the public health, safety, and welfare through:
    1. The protection and preservation of the City's historic and cultural heritage, as embodied in designated historic landmarks and districts, by appropriate regulations;
    2. The enhancement of property values and the stabilization of historic neighborhoods;
    3. The maintenance and improvement of economic and financial benefits through the protection of attractions that bring tourists and visitors to the City; and
    4. The provision of educational opportunities to increase public appreciation of Durango's unique heritage.
  • Intent. The intention of this Article is to create a reasonable balance between private property rights and the public interest in preserving Durango's unique historic character by ensuring that demolition of, moving, or alterations to properties of historic value shall be carefully considered for impact to the property's contribution to Durango's heritage.
  • Effective on: 7/1/2014

    Sec. 3-3-1-2 Application of Article
  • Generally. The provisions of this Article apply to the creation of historic districts and the designation of historic landmarks, and then to alterations to, improvements to, or demolition of such designated properties.
  • Administration. This Article is administered by:
    1. The Historic Preservation Officer, who has the powers set out in Section 6-2-2-4, Historic Preservation Officer;
    2. The Historic Preservation Board, which has the powers set out in Section 6-2-3-3, Historic Preservation Board; and
    3. The City Council, which has the powers set out in Section 6-2-3-1, City Council.
  • Procedures. The procedures for the implementation of this Article are set out in Division 6-3-7, Historic Preservation Designations Procedures. Permits for alterations of properties which are designated pursuant to this Article are issued pursuant to Division 6-3-2, Required Approvals and Permits.
  • Effective on: 7/1/2014

    Sec. 3-3-2-1 Criteria for Designation of Historic Landmarks
  • Generally. The Historic Preservation Board and City Council shall use the criteria of this Section to designate properties as historic landmarks.
  • Criteria for Designation of Historic Landmarks. An historic landmark may be designated if it meets the age criterion in Subsection B.1., below; one or more of the criteria of Subsection B.2., below; and one or more of the criteria of Subsection B.3. or B.4., below (as applicable to the type of site reviewed), which relate to architectural, social, or geographic / environmental significance.
    1. Age. Landmarks must be at least 50 years old. A landmark may be exempted from this age standard if it is found to be exceptionally important in terms of other significant criteria in this Subsection B.
    2. All Sites. All properties will be evaluated for their physical integrity using the following criteria (a property need not meet all of the following criteria):
      1. Shows character, interest, or value as part of the development, or heritage or cultural characteristics of the community, region, State, or nation.
      2. Retains original design features, materials, and/or character.
      3. Maintained the original location or same historic context after having been moved.
      4. Has been accurately reconstructed or restored based on documentation.
    3. Historic Sites. Historic sites shall meet one or more of the following:
      1. Architectural.
        1. Exemplifies specific elements of an architectural style or period.
        2. Example of the work of an architect or builder who is recognized for expertise nationally, State-wide, regionally, or locally.
        3. Demonstrates superior craftsmanship or high artistic value.
        4. Represents an innovation in construction, materials, or design.
        5. Style particularly associated with Durango area.
        6. Represents a built environment of a group of people in an era of history.
        7. Pattern or grouping of elements representing at least one of the above criteria.
        8. Significant historic remodel.
      2. Social.
        1. Site of historic event that had an effect upon society.
        2. Exemplifies cultural, political, economic, or social heritage of the community.
        3. Association with a notable person or the work of a notable person.
      3. Geographic / Environmental.
        1. Enhances sense of identity of the community.
        2. Reflects an established and familiar natural setting or visual feature of the community.
    4. Prehistoric and Historic Archaeological Sites. Prehistoric and historic archaeological sites shall meet one or more of the following:
      1. Architectural.
        1. Exhibits distinctive characteristics of a type, period or manner of construction.
        2. A unique example of structure.
      2. Social.
        1. Potential to make an important contribution to the knowledge of the area's history or prehistory.
        2. An association with an important event in the area's development.
        3. An association with a notable person(s) or the work of a notable person(s).
        4. A typical example/association with a particular ethnic group.
        5. A unique example of an event in Durango's history.
      3. Geographic / Environmental.
        1. Geographically or regionally important. Buried human remains will be handled in as culturally sensitive and appropriate manner as possible.
  • Criteria for Designations without Owner's Consent. If the property owner does not consent to a designation of a historic landmark, then the designation shall require a finding that the property has an overwhelming historic importance to the entire community. The term "overwhelming significance" shall, for purposes of the designation, mean that the landmark or district, respectively:

    1. Possesses such unusual or uncommon significance that the structure's potential demolition or major alteration would diminish the character and sense of place in Durango; or
    2. Possesses superior or outstanding examples of the architectural, social, or geographic historic significance criteria outlined in Subsection B. of this Section. For the purposes of this paragraph, the term "superior" shall mean excellence of its kind and the term "outstanding" shall mean marked by eminence and distinction.
  • Effective on: 7/1/2014

    Sec. 3-3-2-2 Criteria for Designation of Historic Districts
  • Generally. The Historic Preservation Board and City Council shall use the criteria of this Section to designate areas of the City as historic districts.

  • Criteria for Designation of Historic Districts.
    1. Generally. An historic district is a geographically definable area including a concentration, linkage, or continuity of subsurface sites, buildings, structures, and/or objects. The district is related by a pattern of either physical elements or social activities. Significance is determined by applying criteria to the pattern(s) and unifying element(s). Nominations will not be considered unless the application contains written approval of 51 percent of the property owners within the boundaries of the proposed historic distict.
    2. Noncontributing Properties. Properties that do not contribute to the significance of the historic district may be included within the districts boundaries, as long as the noncontributing elements do not noticeably detract from the district's sense of time, place, and historical development. Noncontributing elements will be evaluated for their magnitude of impact by considering their size, scale, design, location, and/or information potential.
    3. District Boundaries. District boundaries will be defined by visual changes, historical documentation of different associations or patterns of development, or evidence of changes in site type or site density as established through testing or survey.
    4. Specific Criteria for Designation. Historic districts shall meet the requirements of Subsection B.4.a., below, and one or more of the criteria set out in Subsections B.4.b. through B.4.e., below.
      1. Age. Historic districts shall be at least 50 years old. The district may be exempted from the age standard if the resources are found to be exceptionally important in other significant criteria.
      2. Architectural.
        1. Exemplifies specific elements of an architectural period or style.
        2. Example of the work of an architect or builder who is recognized for expertise nationally, state-wide, regionally or locally.
        3. Demonstrates superior craftsmanship or high artistic value.
        4. Represents an innovation in construction, materials, or design.
        5. Style particularly associated with Durango area.
        6. Represents a built environment of a group of people in an era of history.
        7. Pattern or grouping of elements representing at least one of the above criteria.
        8. Significant historic remodel.
      3. Social.
        1. Site of historic event that had an effect upon society.
        2. Exemplifies cultural, political, economic, or social heritage of the community.
        3. An association with a notable person(s) or the work of a notable person(s).
      4. Geographic / Environmental.
        1. Enhances sense of identity of the community.
        2. Reflects an established and familiar natural setting or visual feature of the community.
      5. Archaeology / Subsurface.
        1. Potential to make an important contribution to the area's history or prehistory.
        2. An association with an important event in the area's development.
        3. An association with a notable person(s) or the work of a notable person(s).
        4. Distinctive characteristics of a type, period or manner of construction.
        5. Geographical importance.
        6. A typical example / association with a particular ethnic group.
        7. A typical example / association with a local cultural or economic activity.
        8. A unique example of an event or structure.
  • Effective on: 7/1/2014

    Sec. 3-3-2-3 Effect of Nomination on Proposed Landmark Sites or Proposed Districts
    No person shall receive a permit to construct, alter, remove, or demolish any structure or other feature on a proposed landmark site or in a proposed historic district after the date an application has been filed to initiate the designation of such landmark site or district. No such permit application filed after such date will be approved while proceedings are pending on such designation.

    Effective on: 7/1/2014

    Sec. 3-3-3-1 Alteration Certificate Required
  • Alteration Certificate Required. No person shall carry out or permit to be carried out on a designated landmark site or in a designated historic district any new construction, alteration, removal, or demolition of a building or other designated feature without first obtaining an alteration certificate for the proposed work under this Article, as well as any other permits required by this LUDC or other ordinances of the City.
  • Records and Referral. The Administrator, or designee, shall maintain a current record of all designated landmark sites and historic districts and pending designations. If the Building Division receives an application for a permit to carry out any new construction, alteration, removal, or demolition of a building or other designated feature on a landmark site or in an historic district or in an area for which designation proceedings are pending, the Building Division shall promptly forward such permit application to the Administrator.
  • Compliance with Historic Design Guidelines. Alterations of structures within legally established historic districts or alterations of designated historic landmarks shall be completed in compliance with the applicable criteria of this Division.
  • Third Avenue Historic District.  Within the Third Avenue Historic District; the Design Guidelines for the City of Durango East Third Avenue Historic District dated February 1998, or subsequent amendments thereto, are on file in the office of the City Clerk.
  • Effective on: 7/1/2014

    Sec. 3-3-3-2 Exemptions from Alteration Certificate Requirements
  • Generally. If an application for an alteration certificate does not demonstrate compliance with the applicable criteria set forth Section 3-3-3-3, Review Criteria for Alteration Certificate, Section 3-3-3-4, Review Criteria for Relocation of Structures, and / or Section 3-3-3-5, Review Criteria for Demolition of Structures, as applicable to the type of application, the applicant may request an exemption from the alterations certificate requirement pursuant to this Section.
  • Criteria fo Exemption. An exemption may be granted if the applicant demonstrates all of the criteria of Subsection B.1., B.2., or B.3., below, are met, and documentation is provided according to Subsection C., below:
    1. Economic Hardship Exemption.
      1. For investment or income producing properties, an exemption may be granted if the owner is unable to obtain a reasonable rate of return on the property in its present condition, or in a rehabilitated condition pursuant to the requirements of this LUDC.
      2. For non-income producing properties consisting of owner-occupied single-family dwellings and / or non-income producing institutional properties not solely operating for profit, an exemption may be granted if the owner is unable to convert the property to institutional use in its present condition, or in a rehabilitated condition pursuant to the requirements of this LUDC.
      3. The consideration for economic hardship shall not include any of the following:
        1. Willful or negligent acts by the owner.
        2. Purchase of the property for substantially more than its market value.
        3. Failure to perform normal maintenance and repairs.
        4. Failure to diligently solicit and retain tenants.
        5. Failure to provide normal tenant improvements.
      4. Exemptions are granted only to the specific owner and use, and are not transferable to another owner if the improvements contemplated by the application are not completed, or if the improvements are readily removable upon transfer of ownership.
    2. Undue Hardship. An applicant requesting an exemption based on undue hardship must show that the application of the criteria create a situation that is substantially inadequate to meet the applicant's needs because of specific health and / or safety issues.
    3. Inability to Use. Three years after denial of a demolition permit approval, if no feasible use or ownership is found for the structure, the owner may request a waiver of all or a part of the restraint of demolition. The Historic Preservation Board will include the following factors in their consideration of the request:
      1. Documented evidence of applications and written correspondence, including written consultations, illustrating efforts made by the property owner to make necessary repairs, to find an appropriate user, or to find a purchaser for the propert;, and
      2. The adequacy of the property owner's efforts to locate available assistance for making the property functional without demolition.
  • Documentation. The applicant must provide adequate documentation and / or testimony to establish qualification for one of the above listed exemptions. The data provided by the applicant must be substantiated by either professionals in an applicable field, or thorough documentation of how the information was obtained. The Historic Preservation Board may request additional information from the applicant as necessary to make informed decisions according to the applicable criteria for decision-making.
  • Effective on: 7/1/2014

    Sec. 3-3-3-3 Review Criteria for Alteration Certificate
  • Generally.
    1. The Historic Preservation Board shall issue an alteration certificate for any proposed work on a designated historical site or district only if the Board can determine that the proposed work would not detrimentally alter, destroy, or adversely affect any architectural or landscape feature which contributes to its original historical designation.
    2. The Board must find a proposed development is visually compatible with designated historic structures located on the property in terms of design, finish, material, scale, mass, and height.
    3. When the subject site is an historic district, the Board must also find that the proposed development is visually compatible with the development on adjacent properties within the historic district.
  • Definition of "Compatible." For the purposes of this Section only, the term "compatible" means consistent with, harmonious with, and / or enhances the mixture of complementary architectural styles either of the architecture of an individual structure or the character of the surrounding structures.
  • Compatibility Criteria. The Historic Preservation Board will use the following criteria to determine compatibility:
    1. The effect upon the general historical and architectural character of the structure and property.
    2. The architectural style, arrangement, texture, and material used on the existing and proposed structures, and their relation and compatibility with other structures.
    3. The size of the structure, its setbacks,  location, and the appropriateness thereof, when compared to existing structures and the site.
    4. The compatibility of accessory structures and fences with the main structure on the site, and with other structures.
    5. The effects of the proposed work in creating, changing, destroying, or otherwise impacting the exterior architectural features of the structure upon which such work is done.
    6. The condition of existing improvements and whether they are a hazard to public health and safety.
    7. The effects of the proposed work upon the protection, enhancement, perpetuation, and use of the property.
    8. Compliance with the Secretary of the Interior's Standards for Rehabilitation.
  • Effective on: 7/1/2014

    Sec. 3-3-3-4 Review Criteria for Relocation of Structures
  • Generally. In addition to the alterations criteria in Section 3-3-3-3, Review Criteria for Alteration Certificate, the Historic Preservation Board will use the criteria of this Section in considering alteration certificate applications for relocating a landmark, a structure on a landmark site, a building or structure within a historic district, a structure onto a landmark site, or a structure onto property in an historic district.
  • Review Criteria.
    1. For consideration of the original site, the Historic Preservation Board will review for compliance with all of the following criteria:
      1. Documentation showing the structure cannot be rehabilitated or reused on its original site to provide for any reasonable, beneficial use of the property;
      2. The contribution the structure makes to its present setting;
      3. Whether plans are specifically defined for the site to be vacated, and have been approved by the Administrator;
      4. If the structure can be moved without significant damage to its physical integrity and the applicant can show the relocation activity is the best preservation method for the character and integrity of the structure;
      5. Whether the structure has been demonstrated to be capable of withstanding the physical impacts of the relocation and re-siting; and
      6. Whether a structural report submitted by a licensed structural engineer adequately demonstrates the soundness of the structure proposed for relocation.
    2. For consideration of the new location, the Historic Preservation Board will review for compliance all of the following criteria:
      1. Whether the building or structure is compatible with its proposed site and adjacent properties; and if the receiving site is compatible in nature with the structure or structures proposed to be moved.
      2. The structure's architectural integrity and its consistency with the character of the neighborhood.
      3. Whether the relocation of the historic structure would diminish the integrity or character of the neighborhood of the receiving site.
      4. If a relocation plan has been submitted and approved by the Administrator, including posting a bond, to ensure the safe relocation, preservation and repair (if required) of the structure, site preparation, and infrastructure connections as described in Chapter 6, Building Regulations, of the Durango Municipal Code.
  • Effective on: 7/1/2014

    Sec. 3-3-3-5 Review Criteria for Demolition of Structures
  • Generally. If a demolition approval is granted on any basis other than that of an imminent hazard or economic hardship (See Section 3-3-3-2, Exemptions from Alteration Certificate Requirements), a certificate will not be issued until a replacement / reuse plan for the property has been approved by the Administrator.
  • Review Criteria for Total Demolition. Applicants requesting a certificate for demolition must provide data to clearly demonstrate that the situation meets all of the following criteria:
    1. The structure proposed for demolition is not structurally sound, despite evidence of the owner's efforts to properly maintain the structure;
    2. The structure cannot be rehabilitated or reused on site to provide for any reasonable, beneficial use of the property;
    3. The structure cannot be practically moved to another site in Durango; and
    4. The applicant demonstrates that the proposal mitigates to the greatest extent practical, all the following:
      1. Any impacts that occur to the visual character of the neighborhood where demolition is proposed to occur;
      2. Any impact on the historic importance of the structure or structures located on the property and adjacent properties; and
      3. Any impact to the architectural integrity of the structure or structures located on the property and adjacent properties.
    5. In the case of archaeological sites, consideration will be given as to whether information can be recovered as part of the demolition process.
  • Review Criteria for Partial Demolition. Application requesting a certificate for partial demolition must provide data to clearly demonstrate that the situation meets the following criteria:
    1. The partial demolition is required for the renovation, restoration, or rehabilitation of the structure; and
    2. The applicant has mitigated, to the greatest extent possible:
      1. Impacts on the historic importance of the structure or structures located on the property; and
      2. Impacts on the architectural integrity of the structure or structures located on the property.
  • Effective on: 7/1/2014

    Sec. 3-3-3-6 Property Maintenance Required
  • The City Council intends to preserve from deliberate or inadvertent neglect the exterior portions of designated landmarks and all interior portions thereof whose maintenance is necessary to prevent deterioration of any exterior portion. No owner, lessee, or occupant of any landmark shall fail to prevent significant deterioration of the exterior of the structure or special feature beyond the condition of the structure on the effective date of the designating ordinance.
    1. Compliance with City codes. No owner, lessee, or occupant of any landmark or structure in an historic district shall fail to comply with all applicable provisions of this section and other ordinances of the City regulating property maintenance.
    2. Owner Notification. Before the City Attorney files a complaint in municipal court for failure to maintain the property on the landmark site or historic district, the City shall notify the property owner, lessee, or occupant of the need to repair, maintain, or restore the property, shall assist the owner, lessee, or occupant in determining how to preserve the property, and shall give the owner a reasonable time to perform such work.
  • Effective on: 7/1/2014

    Sec. 3-3-3-7 Unsafe or Dangerous Buildings
    Unsafe or dangerous conditions exempted. Nothing in this section shall be construed to prevent any measures of construction, alteration, removal, or demolition necessary to correct the unsafe or dangerous condition of any structure, other feature, or parts thereof where such condition is declared unsafe or dangerous by the Building Official and where the proposed measures have been declared necessary by the City Manager to correct the condition, as long as only such work that is absolutely necessary to correct the condition is performed. Any temporary measures may be taken without first obtaining a landmark alteration certificate under this Division, but a certificate is required for permanent alteration, removal, or demolition.

    Effective on: 10/22/2025

    Sec. 3-3-4-1 Enforcement and Penalties
  • No person shall violate or permit to be violated any of the requirements of this section or the terms of a landmark certificate.
    1. Violations of this section are punishable as provided in Division 6-4-2 and are subject to the following additional penalties:
      1. Alterations to a designated landmark or district without an approved landmark alteration certificate will result in a one-year moratorium on all building permits for the subject property;
      2. Moving or demolishing a designated structure without an approved landmark alteration certificate will result in a five-year moratorium on all moving, demolition, or building permits for the structure and for the property at the structure's original location. 
  • Effective on: 7/1/2014

    Sec. 3-4-1-1 Purpose of Article
  • The purpose of this Article is to provide minimum standards for development design in order to promote dynamic, attractive neighborhoods, and commercial and mixed-use development that furthers the community's goals for high-quality design. Additional design standards may apply in areas of steep slopes or other protected natural resources. See Division 4-4-3, Hillsides, Ridgelines, and Topographic Features.
  • Effective on: 7/1/2014

    Sec. 3-4-1-2 Application of Article
  • Generally. The design standards that are set out in this Article apply within the City and its planning area to the extent provided for in the intergovernmental agreement with La Plata County.
  • Downtown Historic District Standards.  Division 4-4-2, Downtown Historic District Standards, applies to development or redevelopment in the Downtown Historic Overlay District.
  • Multifamily Design Standards. Division 3-4-3, Multifamily Design Standards, applies to the development or redevelopment of multifamily buildings. It includes standards for building and site design.
  • Commercial and Mixed-Use Design Standards. Division 3-4-4, Commercial and Mixed-Use Design Standards, applies to all nonresidential and mixed-use development and redevelopment, except within the CB Zone and the Downtown Design Overlay Zone.
  • Effective on: 7/1/2014

    Sec. 3-4-2-1 Design Guidelines; Findings and Applicability
  • Generally. The Design Guidelines for the Downtown Overlay District (December 2004), prepared and published by Winter & Company, are adopted by reference. One copy of the Design Guidelines for the Downtown Overlay District is on file in the Department. It may be inspected during regular business hours. See C.R.S., 31-16-201, et seq.
  • Findings. The City Council finds the following with respect to the Design Guidelines for the Downtown Overlay District:
    1. The Design Guidelines for the Downtown Overlay District are based upon the existing character of downtown, as defined by the prevailing architecture, building materials, and urban design features.
    2. As a "real" town that servers the community and region, Durango must address the expectations of its residents and business owners, as well as the opportunities and challenges created by an expanding tourism market (and the accompanying expectations of the out-of-town visitor). Accordingly, the City Council's intent for this Division is to:
      1. Provide for change and new development in downtown Durango, while preserving and protecting the special character and identity of the downtown area; and
      2. Help protect the downtown economy by providing options for development in a manner that is acceptable to residents and visitors alike.
    3. A portion of the Downtown Overlay District is also a National Register Historic District.
  • Applicability.
    1. Generally. This Division is implemented through a Certificate of Design Compliance. See Section 3-4-2-3, Certificate of Design Compliance.
    2. Geographic Extent of Design Guidelines. The Design Guidelines for the Downtown Overlay District apply to all buildings and uses within the Downtown Design Overlay Zone that is established in Section 2-1-2-2, Overlay Zones Established, as provided herein.
    3. Buildings and Structures. Any improvements, excavation, or construction of any principal building or structure, or alteration, expansion, conversion, or repair of any building or structure shall be in accordance with all applicable provisions of this Division.
    4. Signs. The guidelines also apply to requests for new or modified signage for any building or site within the downtown overlay district. See Article 3-6, Signs.

  • Effective on: 7/1/2014

    Sec. 3-4-2-2 Interpretation of Design Guidelines
  • Generally. The following statements of intent shall be used in the interpretation of this Division:
    1. Durango's Design Guidelines for the Downtown Overlay District assure that new construction, renovation, or rehabilitation within the Downtown Design Overlay Zone will be compatible with and will preserve and enhance the zone's special character. The guidelines 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. Conversely, the guidelines discourage the introduction of incompatible elements of design or building style.

    2. It is not the intent of this Division 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. Imitations muddle the record. New buildings represent our own times and will serve as the historic record for our children and future generations.

  • Development Along Character Area Boundaries. Some projects will be located on the edge of a character area. In these cases, the context may be defined by more than one of the character areas. The characteristics of adjacent character areas will be taken into consideration in these situations.
  • Effective on: 7/1/2014

    Sec. 3-4-2-3 Certificate of Design Compliance
    Certificates of design compliance are issued upon a finding that the proposed improvement, construction, alteration, expansion, or conversion is consistent with these guidelines. Review, approval, and the issuance of a certificate of design compliance prior to implementation is required for all improvement, construction, alteration, expansion, or conversion within the Downtown Design Overlay Zone. Activities that require certification of design compliance include, but are not limited to, the following

    1. The construction of a new building or structure;
    2. The alteration or restoration of any exterior features;
    3. Addition to a building or structure;
    4. The removal or demolition, in whole or in part, of an historic resource;
    5. The construction or modification of any new or existing sign(s) or the addition of new signage;
    6. Application of a new exterior siding material;
    7. Addition of a new window, door, or dormer;
    8. Creation of a driveway or parking facility; or
    9. Addition of a satellite dish.

    Effective on: 7/1/2014

    Sec. 3-4-3-1 Application of Standards
    The standards of this Division apply to townhomes, multiplexes, multifamily buildings, and multiple duplexes within a development. Vertically mixed-use buildings with a residential component are subject to the design standards of Division 3-4-4, Commercial and Mixed-Use Design Standards, and not the standards of this Division.

    Effective on: 7/1/2014

    Sec. 3-4-3-2 Building Articulation
  • Generally. Multifamily and townhome buildings shall be articulated according to the standards of this Section. For the purposes of this Section, a "townhome building" includes all connected units.
  • Horizontal Articulation. Horizontal articulation is the use of differentiating horizontal features to add interest and mark (or suggest) transitions between floors (or other vertical divisions) of buildings. Buildings that are three or more stories in height shall include elements that provide meaningful horizontal articulation, including any or any combination of the following:
    1. Belt courses, score lines, or other relief combined with a change in color;
    2. Changes in materials (e.g., from brick to siding, or from stone to stucco);
    3. Awnings that are aligned on a horizontal plane;
    4. Balconies; or
    5. Stepbacks or cantilevered projections from the building wall.
  • Height Variation. Buildings that are two or more stories in height and more than 10,000 square feet in gross floor area shall be designed to include a variation in height of at least 30 percent.
  • Offset / Variation of Wall Planes. Building walls that are wider than 50 feet shall include offsets according to the standards of this Subsection.
    1. Maximum Distance Between Offsets: 50 feet.
    2. Minimum Offset Distance (measured perpendicularly to the wall plane from which the offset is taken): 10 percent of the actual distance between offsets from the wall plane, or from the corner of the elevation to the offset.
    3. Minimum Width of Offset: 12 feet.
    4. Minimum Offset Height:
      1. One story buildings: 95 percent of the height of the wall that establishes the plane from which the offset is taken.
      2. Two or more story buildings: 75 percent of the height of the wall that establishes the plane from which the offset is taken.
    5. Materials: Offsets shall substantially incorporate the materials of the principal building (e.g., wood decking with standard wood post supports is not sufficient to achieve the offset required by this Subsection).
  • Minimum / Maximum Number of Connected Townhomes. Townhome buildings shall include not less than three, nor more than eight, connected units.
  • Effective on: 7/1/2014

    Sec. 3-4-3-3 Building Access
    CB: Central Business CategoryMU-A: Mixed-Use - Arterial Corridor CategoryMU-N: Mixed-Use - Neighborhood CategoryRH: Residential - High CategoryRM: Residential - Medium Category

    1. Generally. Building access shall be provided according to the standards of this Section.

    2. Pedestrian Access. Building access for pedestrians shall be provided in a manner that is consistent with Section 3-4-3-4, Relationship to Street.

    3. Vehicular Access to the Parcel Proposed for Development.
      1. In the CB, MU-A, and MU-N zones, and in TNDs, vehicular access shall be provided from an alley, or from a parking court or parking structure which is accessed from a street side property line. Vehicular access from the front property line is not allowed.
      2. In all other zones, vehicular access shall be provided from the lowest classification of street that abuts the parcel proposed for development, unless such access would create undue impacts on an existing residential neighborhood.

    4. Vehicular Access to Units / Garage Doors.
      1. In the CB, MU-A, and MU-N zones, and in TNDs, all parking areas, including garages and carports, shall be located behind the principal building and screened from view from the street.
      2. In all other locations, if buildings include individual or shared garage entrances, such entrances shall be subordinate to the pedestrian entrance in terms of location and design (e.g., by locating them behind the principal building, or by de-emphasizing the garage entrance by using landscaping, paving, building offsets, and/or architectural features that highlight the pedestrian entry).

    Effective on: 7/1/2014

    Sec. 3-4-3-4 Relationship to Street
  • Generally. In addition to front setbacks (or build-to lines), buildings relate to the street by way of building orientation, frontage type, and the location and format of parking areas.
  • Orientation to the Street.
    1. Single-Building Multifamily Development. If the multifamily residential development is in the form of a single building, the building shall be oriented to the street from which the site takes access. The building shall have a prominent, architecturally defined entrance, with a defined connection to the public sidewalk.
    2. Multiple-Building Multifamily Development. In developments that include several buildings, buildings shall be oriented in one of the following ways:
      1. To the street from which the site takes access, with prominent, architecturally defined entrances, with a defined connection between each entrance and the public sidewalk; or
      2. To an interior courtyard or a cohesive system of open space and pedestrian pathways, with a prominent pedestrian entry to the site and walkway connecting directly between each entrance and the public sidewalk through the pedestrian entry to the site.
  • Effective on: 7/1/2014

    Sec. 3-4-3-5 Pedestrian Circulation
  • Generally. Multifamily residential development shall provide an integrated internal pedestrian circulation system that connects buildings, common open spaces, and parking areas with the public sidewalk.
  • System Components. The internal pedestrian circulation system shall consist of sidewalks or designated paved pathways that are generally separated from parking and vehicular circulation areas.
  • Minimum Width of Pedestrian Facilities. Sidewalks and pathways shall be a minimum of five feet in width and clear of any vehicle overhangs.
  • Visibility. Pedestrian paths shall be laid out so that they are highly visible from buildings and parking areas, and so that “dead ends” and other isolated areas are avoided.
  • Effective on: 7/1/2014

    Sec. 3-4-3-6 Outdoor Recreation and Leisure Areas
  • Generally. Multifamily developments shall include opportunities for active recreation and passive enjoyment of outdoor areas. Outdoor recreation and leisure areas should include amenities for all people who are likely to live in the residences.
  • Required Recreation Area. The total area that must be provided for outdoor recreation and leisure activities is set out in Section 2-4-2-2, Residential Density, Open Space, and Recreation and Leisure Areas.
  • Location and Dimensions of Recreation Areas.
    1. Outdoor recreation and leisure areas shall be located at ground level, situated with regard to their organizing function, climate conditions, and safety.
    2. Bufferyards and stormwater best management practices (BMPs) may not be counted towards outdoor recreation and leisure area requirements.
    3. In developments with multiple buildings, outdoor recreation and leisure areas shall be located so as to be convenient and accessible to each building. This may require several different outdoor recreation and leisure areas.
    4. No required recreation or leisure area shall have a slope greater than four percent, unless the area has been developed with an enhanced accessibility system of ramps, stairs, terraces, trails, or other site improvements.
    5. No dimension of an outdoor recreation and leisure area shall be less than 20 feet.
    6. No driveways, parking, or other vehicular uses shall be located in the outdoor recreation and leisure area.
    7. Children's play areas, if provided, shall be centrally located, visible from dwelling units, and away from service areas and potential hazards (e.g., dumpsters, drainage facilities, streets, and parking areas).
  • Amenities. Outdoor recreation and leisure areas shall provide attractive amenities such as paths, picnic areas, seating, active recreation facilities, and appropriate lighting. Children's play areas, if provided, shall include playground equipment and seating for adults.
  • Effective on: 7/1/2014

    Sec. 3-4-3-7 Windows (Fenestration)
    MU-A: Mixed-Use - Arterial Corridor CategoryMU-N: Mixed-Use - Neighborhood CategoryRH: Residential - High CategoryRM: Residential - Medium Category

    1. Generally. Windows shall be provided and articulated according to the standards of this Section.
    2. Transparency Requirement.
      1. Generally, windows and / or glass doors shall cover not less than 20 percent of any building wall that is visible from a public right-of-way, except alleys.
      2. In the MU-N and MU-A zones, and in mixed-use areas of traditional neighborhood developments TNDs, windows and / or glass doors shall cover not less than 30 percent of the first floor elevation along street frontages, except that if a multifamily building includes a lobby, windows into the lobby shall be provided such that not less than 40 percent of the outside wall of the lobby along street frontages is transparent between a height of two and one-half and eight feet above the adjacent grade.
    3. Articulation. Windows on facades that are visible from public rights-of-way (except alleys) shall be articulated in at least one of the following ways:
      1. Decorative framing;
      2. Cornices;
      3. Spandrels;
      4. Articulated lintels;
      5. Shutters;
      6. Awnings or overhangs;
      7. Recession into the wall face of at least four inches; or
      8. Projection from the wall face of at least four inches.

    Effective on: 7/1/2014

    Sec. 3-4-3-8 Architectural Detailing
  • Generally. In general, the City does not require particular architectural styles for multifamily buildings. However, buildings are expected to include architectural details to ensure that they contribute to the aesthetic of the community through visual interest and an appearance of quality.
  • 360-Degree Architectural Treatment. 360-degree architectural treatment is required for all multifamily buildings.
  • Blank Walls.
    1. No multifamily building elevation shall have an area of uninterrupted blank wall with a dimension larger than:
      1. 15 feet in vertical direction; and
      2. 12 feet in horizontal direction.
    2. The following architectural features may be used to interrupt a blank wall to achieve compliance with Subsection C.1., above:
      1. Offsets, columns, or pilasters that meet the following minimum dimensional requirements
        1. They deviate from the vertical plane of the building wall by eight inches or more;
        2. They are at least the height of the building story on which they are located; and
        3. They are at least three feet in width.
      2. Windows that comply with the requirements of Section 3-4-3-7, Windows (Fenestration);
      3. An obvious change of building finish materials (e.g., the use of siding above a base of brick); and / or
      4. Balconies (which may be either recessed or projecting).
    3. The following architectural features may be used to interrupt a blank wall to achieve compliance with Subsection C.1., above, if they (in total) occupy at least 20 percent of the area of blank wall:
      1. Window boxes;
      2. Medallions, tiling, or bas relief; and / or
      3. Signage that is in compliance with Article 3-6, Signs.
  • Effective on: 7/1/2014

    Sec. 3-4-3-9 Utilities and Mechanicals
  • Electrical, Gas, Communications, Water, Wastewater, and Storm Drain. Electrical, gas, communications, water, wastewater, and storm drain utilities that serve individual buildings shall be installed underground. Meters shall be located in the rear of the building, in meter rooms, or screened from view from public rights-of-way and abutting property by screen walls and / or landscaping.
  • Roof-Mounted Equipment. Roof-mounted HVAC and elevator equipment, except chimneys and vent pipes, shall be not less than 90 percent screened from view from street-level and abutting properties. This standard may be waived if it is demonstrated that the grade change to the abutting street or abutting property is so significant that screening with roof forms or parapet walls is not feasible, and the maximum practical level of screening is achieved.
  • Radon Mitigation. Radon mitigation systems, if used, shall be integrated into the building design, or if retrofitted, shall be designed to appear as gutter pipes, or painted the same color as the building wall.
  • Ground-Mounted Equipment. Ground-mounted HVAC equipment shall be completely screened from view from street-level and abutting properties by building walls, landscaping, and / or screen walls.
  • Effective on: 7/1/2014

    Sec. 3-4-4-1 Building Placement
  • Generally. Buildings shall be situated as provided in this Section.
  • Use of Buildings to Define Positive Outdoor Space. Where a parcel proposed for development is to contain two or more principal buildings, the buildings shall be placed to define outdoor spaces such as plazas and courtyards.
  • Use of Buildings to Define Views. Where practicable, buildings shall be situated and massed to avoid blocking views to significant natural features.
  • Setbacks and Building Entries. Setbacks may be modified if it is demonstrated that the buildings meet the design intent of Chapter 4, Part F of the Commercial Use Design Guidelines, and the requirements of this Section.
  • Effective on: 7/1/2014

    Sec. 3-4-4-2 Common Open Space
  • Generally. Common open spaces shall be designed in the manner described in Article 4-1, Site Layout, and this Section.
  • Public Space.
    1. Development that includes more than 20,000 square feet of gross floor area shall provide an outdoor gathering space, such as a plaza, which shall be a focal point of the development. This space counts toward the common open space requirement of the development.
    2. The public space shall be connected to the major building activities of the site.
    3. The public space shall include seating.
    4. If practicable, the public space shall be oriented for solar access.
  • Effective on: 7/1/2014

    Sec. 3-4-4-3 Building Entrances
  • Generally. Principal building entrances shall be designed to be clearly identifiable, and shall include a sheltering element such as a canopy, awning, arcade, or portico. If a building includes more than one principal entrance (e.g., a strip shopping center), each individual entrance shall be identified with an architectural treatment.
  • Orientation. Primary building entrances shall face a street, plaza, or pedestrian way. Double-frontage designs may be used to provide primary entrances that face parking areas.
  • Effective on: 7/1/2014

    Sec. 3-4-4-4 Architectural Detailing
  • Generally.
    1. The street-level building facade shall be designed to provide visual interest to pedestrians. Display windows and / or architectural details shall be provided on all building elevations that are visible from public streets, or which provide primary building entrances for the public.
    2. This Section does not apply within the LI zone, except on properties that are adjacent to U.S. or State Highways, or their frontage roads.
  • Blank Walls. Except where necessary to accommodate the future development of a building on an abutting lot with a zero side setback, blank walls are not allowed. No building wall may include an area which is larger than 15 feet tall by 15 feet wide that does not include one or more of the following:
    1. A window;
    2. A door;
    3. An offset of at least four feet;
    4. A sign;
    5. A change of building materials;
    6. An architectural detail that relieves the appearance of the blank wall; or
    7. A canopy or an arcade.  (See Figure 3-4-4-4 Illustrative Blank Wall Treatments.)
  • Figure 3-4-4-4
    Illustrative Blank Wall Treatments

    The retail store on the left-hand side of the illustration below has no architectural detailing to relieve the appearance of its blank front wall. The retail store on the right-hand side of the illustration below has an arcade, a change in materials, an entry feature, an offset, and display cases, all of which help to provide visual interest and relieve the appearance of a blank wall.

    Effective on: 7/1/2014

    Sec. 3-4-4-5 Massing and Scale
  • Generally. The standards of this Section are intended to promote building designs at a human scale.
  • Building Modules. Building facades shall appear to be divided into modules that are not larger than 100 feet in width. Modules shall be differentiated as follows:
    1. Modules shall be offset from each other by a distance that is at least 20 percent of the building height; and
    2. The modules shall be architecturally differentiated in an obvious manner by at least two of the following:
      1. Color;
      2. Cladding materials;
      3. Height, provided that the change is at least 20 percent of the building height of the tallest module;
      4. Roof form;
      5. Window arrangement; and / or
      6. Other facade articulation details, such as columns or strapwork.
  • Effective on: 7/1/2014

    Sec. 3-4-4-6 Street-Level Transparency
    Mixed-use buildings and buildings that are located closer than 10 feet to front or side street property lines 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. This requirement does not apply in the LI and PB zones.

    Effective on: 7/1/2014

    Sec. 3-4-4-7 Automobile Service Area Canopies and Porte Cocheres
  • Generally. Canopies for sheltering automobiles (such as those used for drive-in restaurants and fueling or charging stations) and porte cocheres shall be designed according to the standards of this Section.
  • Architecture. Canopies and porte cocheres must be consistent and compatible with the principal buildings in terms of architectural detail and character.
  • Cladding and Finishes. Cladding and finishes for support columns and other vertical structural components must be materials that are used on the principal building.
  • Fascia / Sign Band.
    1. Back-lit plastic or acrylic fascia is not allowed.
    2. Signage may be installed on canopy fascias. However:
      1. Color bands that use colors from company logos count towards the sign area for attached signs; and
      2. Fascia lighting is limited to channel letters and / or symbols, and shall comply with the requirements of Article 3-6, Signs.
  • Roof Structure. The roof structure of the canopy must be compatible with the roof structure of the principal building in terms of pitch, roofing materials, and colors. Alternatively, the roof structure may be integrated into the roof structure of the principal building.
  • Canopy Ceiling. Glossy and reflective finishes are not allowed on the canopy ceiling.
  • Drainage. Downspouts and related hardware shall be integrated into the design of the canopy structure.
  • Effective on: 7/1/2014

    Sec. 3-4-4-8 Self-Storage Facility Design Standards
    RCOZ: River Corridor Overlay Zone Category

    1. Generally. The standards enumerated below shall apply to self-storage facilities.
    2. Applicability.
      1. Only the portions of the facility that are visible from the following areas will be subject to the design standards of this Section:
        1. An adjacent public street that is classified as an arterial or collector street on the City of Durango's street classification map.
        2. Land adjacent to the facility property when the land is zoned residentially or designated as residential on the City of Durango Comprehensive Plan Future Land Use Map.
        3. A Durango and Silverton Narrow Gauge Railroad railcar along the Durango and Silverton Narrow Gauge Railroad route.
        4. Within the River Corridor Overlay Zone (RCOZ).
      2. In the alternative to these standards, self-storage facilities may be:
        1. Screened behind other buildings, such as shopping centers, so that they are not visible from the areas set out in Subsection B.1., above; or
        2. Developed with interior access to storage units, in buildings that resemble office buildings.
    3. Office Design. Facility offices shall be visually distinguished from the actual storage facilities. Facility offices shall have the characteristics common to typical commercial offices, with a front door, windows, quality exterior finish materials as enumerated below, and a roof that is visually distinguishable from the rest of the project.
    4. Entrances. Building entrances to offices and / or the manager's custodial residence shall be clearly defined.
    5. Storage Bay Access Doors. No door openings for any storage units in a self-storage facility shall be constructed facing any property that is residentially zoned or designated as residential in the City of Durango Comprehensive Plan Future Land Use Map.
    6. Massing. A single, large, and dominant building mass shall be avoided to the extent feasible. Specifically, horizontal masses shall have a variation in massing, which includes a change in height and projecting or recessed elements. Roof lines shall be varied on buildings that have a horizontal dimension of more than 75 feet.
    7. Roof Lines. Building roofs shall be designed to reduce the perceived mass of a structure. Parapet walls and roof systems shall be designed to conceal all roof-mounted mechanical equipment from view to abutting and adjacent properties and public streets. Flat roofs are permitted if the roof system is sufficiently screened through the use of parapet walls.
    8. Exterior Finish Materials. Where required, building exteriors should be constructed of durable and maintainable materials that convey an appearance of quality, including:
      1. Wood;
      2. Brick;
      3. Native stone;
      4. Manufactured stone;
      5. Finished concrete;
      6. Textured concrete masonry units;
      7. Glass; or
      8. Other materials of comparable quality as approved by the Administrator.
    9. Blank Walls. Blank facades facing a public street are not allowed. Façades shall contain windows, doors, and other architectural features common to front-facing building walls. Spandrel windows and other types of ornamental and nonfunctional windows are allowed in order to meet this requirement.
    10. Color. The use of muted and earth tone colors as the predominant colors on the façade is encouraged. Building trim and accent areas may feature brighter colors, including primary colors.
    11. Screen Walls. If the self-storage facility includes outdoor storage areas for boats and recreational vehicles, such areas shall be screened by a six-foot masonry wall.

    Effective on: 7/1/2014

    Sec. 3-5-1-1 Fences and Walls
  • Generally. Fences and walls shall comply with the requirements of this Section. Fence / Wall Permits are required (see Section 6-3-2-2, Administrative Approvals and Permits). Temporary fences that are installed to protect a construction site (or required pursuant to Subsection E., below) shall comply with Subsection D.2. and D.3.
  • Residential Zones. New fences / walls in residential zones shall be designed to maintain views from public streets through private property to distant vistas, by complying with the height and transparency standards set out in Table 3-5-1-1A, Residential Fence / Wall Standards, and the standards of Subsection F.
  • Table 3-5-1-1A
    Residential Fence / Wall Standards1
    Location of Fence/Wall Maximum Height Minimum Transparency
    All permitted locations that are not specifically enumerated below 6 feet none
    Front yard setback area 4 feet 50 percent
    Interior lot line, behind front yard setback area 6 feet2 none
    Extension from side wall plane of principal building to side lot line 6 feet 50 percent of the area of the fence that is above 4 feet in height
    Abutting side street right-of-way outside of front setback 6 feet 50 percent of the area of the fence that is above 4 feet in height; no transparency requirement for the area enclosing the rear yard (behind the rear wall plane), except as noted in 1. below.

    TABLE NOTE:

    1. Any fence on a common property line shall be built to the more restrictive standard, e.g. if the front yard of one house abuts the rear or side yard of another property, the front yard setback fence standard of four feet maximum height and 50% transparency shall apply.

    2. An increase up to an 8 foot fence may be allowed if there is a grade change between the two properties. The increase in height would be equivalent to the grade change.


    1. Nonresidential and Mixed-Use Zones. Fences in nonresidential and mixed-use zones shall comply with the standards set out in Table 3-5-1-1B, Nonresidential and Mixed-Use Zone Fence / Wall Standards, and the standards of Subsection D., below.
    Table 3-5-1-1B
    Nonresidential and Mixed-Use Zone Fence / Wall Standards
    Location of Fence/Wall Maximum Height Minimum Transparency

    TABLE NOTE:

    1. Fences may be permitted that are taller than 8 feet pursuant to Subsection F., below; however, the part of the fence which is higher than 8 feet shall be constructed with open wire material.

    NA = Not Allowed

    All permitted locations that are not specifically enumerated below 8 feet in LI zone; 6 feet in all other zones1 none
    Front yard setback area, nonresidential zones NA NA
    Front yard setback area, mixed-use zones 4 feet 50 percent
    Table 3-5-1-1B
    Nonresidential and Mixed-Use Zone Fence / Wall Standards
    Location of Fence/Wall Maximum Height Minimum Transparency

    TABLE NOTE:

    1. Fences may be permitted that are taller than 8 feet pursuant to Subsection F., below; however, the part of the fence which is higher than 8 feet shall be constructed with open wire material.

    NA = Not Allowed

    All permitted locations that are not specifically enumerated below 8 feet in LI zone; 6 feet in all other zones1 none
    Front yard setback area, nonresidential zones NA NA
    Front yard setback area, mixed-use zones 4 feet 50 percent
    Table 3-5-1-1B
    Nonresidential and Mixed-Use Zone Fence / Wall Standards
    Location of Fence/Wall Maximum Height Minimum Transparency

    TABLE NOTE:

    1. Fences may be permitted that are taller than 8 feet pursuant to Subsection F., below; however, the part of the fence which is higher than 8 feet shall be constructed with open wire material.

    NA = Not Allowed

    All permitted locations that are not specifically enumerated below 8 feet in LI zone; 6 feet in all other zones1 none
    Front yard setback area, nonresidential zones NA NA
    Front yard setback area, mixed-use zones 4 feet 50 percent
    Table 3-5-1-1B
    Nonresidential and Mixed-Use Zone Fence / Wall Standards
    Location of Fence/Wall Maximum Height Minimum Transparency

    TABLE NOTE:

    1. Fences may be permitted that are taller than 8 feet pursuant to Subsection F., below; however, the part of the fence which is higher than 8 feet shall be constructed with open wire material.

    NA = Not Allowed

    All permitted locations that are not specifically enumerated below 8 feet in LI zone; 6 feet in all other zones1 none
    Front yard setback area, nonresidential zones NA NA
    Front yard setback area, mixed-use zones 4 feet 50 percent
    1. Fence and Wall Design and Materials.
      1. All fences shall be constructed to orient any exposed structural framework to the interior of the property.
      2. No fence / wall shall be constructed or maintained in a location as to constitute a traffic hazard because of obstruction of view. See Section 4-2-2-12, Corner Sight Distance, and Section 4-2-2-13, Visibility Triangles for Minor Streets and Driveways.
      3. All fences / walls must be made of traditional fencing / wall materials, including wood pickets, wrought iron, wire, chain link, block, etc. No other material shall be permitted without approval of the Administrator.
      4. No barbed wire, razor edge, or electric wire fencing, nor fences with points or sharp edges along the top of the fence, shall be permitted without approval of the Administrator (see Chapter 6, Section 6-1, Code of Ordinances of the City of Durango).
    2. Fencing / Wall Requirement. Installation of fences / walls may be required as a condition of development approval in areas where it is determined to be necessary to provide protection to the occupants, or to provide for safe use of the parcel or adjacent parcel(s). Fences / walls may also be a required component of bufferyards. See Division 4-6-3, Buffering Requirements.
    3. Increase of Fence / Wall Height. Fence / wall height may be increased as follows:
      1. An increase of two inches in height shall be allowed when spacing for drainage under the fence is needed.
      2. An open arch or pergola may exceed the above height limits by a maximum of two additional feet for a length not to exceed four feet. No more than one such element shall be provided for every 20 feet of fence length.
      3. The height and location requirements of this Section may be varied by the Administrator if a greater or lower height is specifically required for screening or buffering as part of a special use, limited use, conditional use, or subdivision application approval, or in unusual circumstances.
      4. The height of a fence / wall may be increased if the fence is required for public safety (e.g., a backstop on a baseball field).
    4. Garden Wall. Garden walls are exempt from fence / wall permits so long as they meet all of the criteria listed below:
      1. Garden walls may retain raised garden beds but shall not be used to retain any natural slope;
      2. The maximum height of a garden wall shall be 30 inches; and
      3. Garden walls must still meet the requirements of Subsection D., above.

    Effective on: 5/6/2015

    Sec. 3-5-1-2 Retaining Walls
  • Generally.
    1. Retaining walls may be approved in the following circumstances where:
      1. Their use is an appropriate engineering solution which is part of an approved erosion control plan, slope stability plan, or stormwater management plan;
      2. They are necessary to retain soils and stabilize sites in areas of permitted cut and fill (e.g., for development, streets, trails, etc.); or
      3. They are an appropriate engineering solution which is needed in order to mitigate the risk to life and property of a geologic or wildfire hazard.
    2. Retaining walls are not allowed in other circumstances, including in locations where their only purpose is to create one or more flat yards on a lot that is sloped.
  • Design of Retaining Walls. Permitted retaining walls shall blend in with the natural features of the setting as follows:
    1. Retaining walls shall not be more than eight feet tall. Where taller retaining walls are needed, a series of terraces or benches shall be used. Terraces and / or benches shall be at least five feet wide and shall be planted with approved landscaping.
    2. Retaining walls shall be finished with native rock or other masonry which conveys a scale and texture similar to that of natural rock or traditional materials found within the neighborhood or traditionally used in Durango.
    3. Retaining walls shall be designed in a manner which does not materially diminish the mobility of wildlife of interest. This is demonstrated if:
      1. The wall is designed so that it does not materially affect the ability of wildlife of interest to traverse the parcel proposed for development, compared to the pre-development condition; and / or
      2. The wall is sized and located so that wildlife of interest have readily accessible and comparable alternative routes for movement to and from habitat, water sources, and food sources.
    4. Retaining walls shall be designed and stamped by a Colorado Registered Professional Engineer, specializing in Structural Engineering, under the following conditions:
      1. Any wall six feet or greater at its highest point, as measured from the top of the wall to the lowest adjacent ground level, not including its foundation depth; or
      2. Any wall, four feet in height or greater, where its height exceeds its distance from a right-of-way line or a common property line.
  • Permit Required. Any retaining wall 30 inches in height or greater shall require a retaining wall permit.
  • Foundation Walls as Retaining Walls. On hillsides, a foundation wall that is not more than 12 feet in height above adjacent grade may be used as a retaining wall for a building.
  • Effective on: 7/1/2014

    Sec. 3-5-1-3 Recreational Vehicles
  • Generally. The use and parking of recreational vehicles ("RVs") is limited as follows:
    1. RVs may not be stored in the public right-of-way.
    2. It shall be unlawful for any person to occupy any RV for residence, custodial residence, security, business, or other purposes.
    3. Any connection of an RV to utilities, including, but not limited to, water, sewer, and electricity, is prohibited, except:
      1. To perform routine maintenance or repairs for a period no greater than 24 hours; or
      2. Electricity may be connected to RVs that are displayed at an RV dealership.
  • Exceptions. The limitations of Subsections A.2. and A.3., above, do not apply to RVs that are parked in an RV designated space within a duly licensed manufactured home park, campground, or recreational vehicle resort. RVs in such spaces shall meet all of the requirements of Section 4-1-3-4, Manufactured Home Parks and Subdivisions, Subsection I.
  • Effective on: 7/1/2014

    Sec. 3-5-1-4 Refuse, Recycling, and Compost Containers
  • Generally. The standards of this Section apply to refuse, recycling, compost, and solar digester containers.
  • Individual Refuse and Recycling Containers. The use and placement of individual refuse and recycling containers shall comply with Chapter 10, Solid Waste and Recycling, Durango Municipal Code. 
  • Community Refuse and Recycling Containers. In a development in which curbside trash pickup is not provided, centralized facilities shall be provided for solid waste and recycling collection. The centralized facilities shall comply with Chapter 10, Solid Waste and Recycling, Durango Municipal Code, and shall be designed and located as follows:
    1. Location on Site.
      1. The centralized facilities shall be located so that they are within 200 linear feet of the building(s) access point(s) that will be used by the occupants discarding materials.
      2. Where practicable, centralized solid waste and recyclable material collection facilities shall be set back 10 feet from all property lines of the parcel proposed for development.
      3. In the alternative, if it is not possible to service the centralized facilities in a location which is at least 10 feet from all property lines, then the facilities may be located closer to the property lines, provided that:
        1. They are designed and constructed to be consistent and compatible with the building or buildings on the parcel in terms of materials and architecture;
        2. They are located as far from the property line as is practicable.
    2. Enclosure Requirements.
      1. The areas where refuse and recycling containers are stored shall be fully enclosed to a height of one foot above the top of the dumpster by:
        1. An opaque wall constructed of brick, stone, or stucco-finished concrete block; and/or
        2. Landscaped earthen berms.
      2. Generally, the enclosure shall have an internal open area of at least 20’ wide and 8’ deep. A 10’ deep and 20’ wide concrete apron shall be constructed in front of the enclosure area. The enclosures shall be sized, designed, and constructed in conformance with the specifications included in Appendix J. Enclosure designs which do not comply with the above-referenced specifications must be reviewed and approved by the Administrator.
    3. Access Configuration.
      1. Service gates shall be provided and shall remain closed at all times except when the containers are being serviced. Service gates shall be able to open 180 degrees and be secured in the open position during pick ups.  The dimensions of the service access shall be configured to meet the requirements of the above enclosure dimensional standards.
      2. The enclosure shall also provide separate pedestrian access gates or a pedestrian access opening that screens the dumpster from view. See Figure 3-5-1-4, Illustrative Common Solid Waste and Recycling Collection Facilities.
  • Figure 3-5-1-4
    Illustrative Common Solid Waste and Recycling Collection Facilities

    In the illustrations below, the enclosure on the left-hand side has an opaque pedestrian access gate on its left-hand side, and the enclosure on the right-hand side has an open pedestrian access point which is configured such that the solid waste container is screened from outside views.

      1. Container Specification. Refuse and recycling containers shall be provided as specified by the City of Durango. Containers shall be insect resistant, watertight, rodent-proof, and bear-proof.
      2. Vehicle Service Access. Access to the dumpster shall be designed to accommodate the Garbage Truck Turning Template in Appendix J. Where it is not practicable to strictly comply with the turning template standards, the Administrator may approve an alternative configuration.
    1. Solar Compost Digesters, Compost Bins, and Compost Heaps.
      1. Solar compost digesters and compost bins are permitted in side and rear yards of single-family detached, duplex, and multiplex buildings, and in the rear yards of townhomes. Composters that are smaller than five cubic feet in capacity are allowed on porches and balconies of all residential uses.
      2. All solar compost digesters, compost bins, and compost heaps may be placed only in the rear yard of a lot, and must be at least 10 feet from a property line and at least 20 feet from any habitable building.
      3. On corner lots, compost heaps must be at least 20 feet from the street right-of-way in the rear yard as well as all other setbacks.
      4. All solar compost digesters, compost bins, and compost heaps shall be used and maintained in a manner that protects adjacent properties from adverse environmental, health, and safety impacts, such as noise, odors, runoff of water, and attraction of rodents or other pests. The City may require removal of solar compost digesters, compost bins, and compost heaps that do not comply with these requirements.
      5. The following materials may be placed in an outside compost heap: leaves, grass clippings, straw, non-woody, and woody plant trimmings, untreated/unpainted sawdust, raw fruit and vegetable scraps, dry eggshells, tea bags, coffee grounds, or additional materials approved by the City.
      6. A maximum area of 100 square feet may be used for composting.

    Effective on: 4/20/2021

    Sec. 3-5-1-5 Keeping of Chickens
  • Generally. The purpose of this Section is to create appropriate standards and procedures for residential and noncommercial keeping of chickens for private use.
  • Applicability. All requirements, regulations, and standards imposed by this Section are intended to apply in addition to any other applicable requirements, regulations, or standards contained elsewhere within this LUDC and the Durango City Code. When requirements of this Section overlap those of another Section, the more stringent of the two, as determined by the Administrator, shall apply. The regulations shall apply to all zones within the City.
  • Standards. Except in those zones where the keeping of farm animals is allowed, the keeping of chickens shall be subject to the following requirements, as well as all other applicable provisions of this LUDC and the Durango City Code:
    1. If a parcel has more than one dwelling unit, all adult residents and owner(s) of the parcel must consent in writing to allowing chicken hens on the property. Consent letters shall be submitted to the City's Chicken Permitting Office prior to any permit issuance.
    2. No more than six chicken hens shall be allowed on any property
    3. The ownership and keeping of roosters over six months old is prohibited.
    4. Any person keeping chicken hens pursuant to this Section shall first obtain a permit authorizing such activity from the City's Chicken Permitting Office, and shall have received such information or training pertaining to the keeping of chicken hens as the City deems appropriate.
    5. Chicken hens kept within the City must be provided with a covered enclosure. It is required that such enclosures be predator-resistant, properly ventilated, easily accessed for cleaning and maintenance, and provide not less than two square feet per chicken to be kept in such enclosure.
    6. During daylight hours, chicken hens must be provided access to the sun, the covered enclosure, and also have access to an outside enclosure that is adequately fenced to prevent the escape of the chickens and to provide protection from predators.
    7. The chickens must be placed in the covered enclosure between the hours of dusk and dawn to provide protection from predators.
    8. Neither the covered enclosure nor the outside enclosure may be located less than 15 feet from an abutting property line or 30 feet from an inhabited dwelling unit on abutting property, whichever is greater. Variances from these distance requirements shall require written consent from the owner(s) of affected abutting properties.
    9. The setbacks determined pursuant to this Section or any variance approved by abutting owner(s) shall remain applicable, notwithstanding any subsequent change in ownership of any abutting property or properties.
    10. The chicken hens must be sheltered or confined in such fashion as to prevent them from coming into contact with wild ducks or geese, or the excrement of such animals.
  • Effective on: 7/1/2014

    Sec. 3-5-1-6 Decks, Balconies, and Porches
  • Decks and Balconies.
    1. Reduced setbacks are available for some uncovered decks and uncovered balconies. See Section 7-2-1-1, Setbacks.
    2. No decks or balconies shall be permitted in utility easements or public rights-of-way without a revocable permit.
    3. No deck shall have a surface that is elevated higher than the level of the second floor of the principal building. Balconies may be located above the second floor.
    4. Balconies and decks that are accessed from upper floors shall not be located on the sides of buildings if:
      1. The outer edge of the balcony or deck is closer than 15 feet to a side lot line, or five feet where the abutting property is zoned RH, CB, CG, CR, PB, OS, or MU-A; and
      2. The balcony would enhance a direct view into the back yard of a single-family detached or single-family attached lot that abuts the lot proposed for development along the side lot line.
  • Patios.
    1. Reduced setbacks are available for some uncovered patios. See Section 7-2-1-1, Setbacks.
    2. No patios shall be permitted in utility easements or public rights-of-way without a revocable permit.
    3. Uncovered patios may occupy 50 percent of the rear yard of property that is developed for single-family detached or duplex buildings, provided that they are designed so that they will not cause additional stormwater runoff onto adjacent properties compared to the conditions that existed prior to the development of the patio.
  • Covered and / or Enclosed Porches.
    1. Covered and / or enclosed porches are subject to the same requirements as the building to which they are attached, except as provided in Section 3-1-3-3, One-Story Elements.
    2. No covered and / or enclosed porches shall be permitted in utility easements or public rights-of-way without a revocable permit.
  • Open Porches.
    1. An open porch may encroach into a front yard as provided in Section 7-2-1-1, Setbacks. Additional encroachment is allowed in the EN zones if it is demonstrated that the open porch will have at least the same front setback as the average front setback of similar existing open porches on the same street segment on the same side of the block.
    2. No open porches shall be permitted in utility easements or public rights-of-way without a revocable permit.
  • Effective on: 5/6/2015

    Sec. 3-5-1-7 Single-Story Detached Garages as Perimeter Walls
  • Generally. Single-story detached garages may be constructed as perimeter walls of single-family attached, multifamily, mixed-use, and office developments (see Figure 3-5-1-7, Illustrative Perimeter Garage Walls) as provided in this Section.
  • Height. The topography is such that height to the peak of the garage roof, measured from the finished grade at the outside building line of the garage is:
    1. Six feet to the top of wall plate; and
    2. Not more than 10 feet to the highest point on the ridge line of the roof.
  • Offsets. The outside-facing walls of the garage buildings ("perimeter walls") are interrupted or offset by a distance of at least two feet at intervals of at least 60 feet in facade width. The offset or interruption shall have a width of at least 12 feet.
  • Materials. Perimeter walls are finished with brick, thin brick, natural stone, manufactured stone, or stucco.
  • Location. If the outside walls of the garages are used as part of a required bufferyard, they are installed on the inside boundary of the bufferyard, with landscaping installed between the garage building and the property line.
  • Figure 3-5-1-7
    Illustrative Perimeter Garage Walls

    Effective on: 7/1/2014

    Sec. 3-5-2-1 Residential Accessory Buildings and Structures
  • Generally. The standards of this Section apply to residential accessory buildings and structures.
  • Relationship to Building Coverage and Floor Area Ratio (FAR). Accessory buildings are counted in the calculation of building coverage and floor area ratio (FAR), except as provided in Section 3-1-3-6, Garages.
  • Timing of Construction. No accessory building or structure shall be constructed unless the principal building has already been constructed or is under construction simultaneously with the accessory building or structure.
  • Attached Accessory Buildings. Accessory buildings that are structurally attached to a principal building shall conform to all standards that are applicable to the principal building. Covered (but otherwise unenclosed) walkways shall not be considered attachments for the purposes of this Subsection.
  • Detached Garages. Detached garages may include upper-floor workshop / storage space or, if permitted in the applicable zone, an accessory dwelling unit. Detached garages are subject to the following standards:
    1. Single-Story Detached Garage. A single-story detached garage may be constructed within the building envelope or in a rear yard, provided that the garage is set back:
      1. Five feet from the rear property line if it is accessed from the street (via a driveway alongside the principal building); or
      2. If accessed from the alley, a sufficient distance to allow 24 feet of clearance for maneuvering into the garage from the alley.
    2. One and One-Half-Story Detached Garage. A one and one-half-story detached garage building may be constructed as an accessory building to single-family detached houses if it is located within the building envelope.
    3. Configuration of Detached Carports and Garages; Single-Family Attached and Multifamily. Detached carports and garages that serve attached single-family dwellings or multifamily dwellings shall neither:
      1. Be located closer than 20 feet to a building setback line on an adjacent lot that is not used for attached single-family dwellings or multifamily dwellings of the same type; nor
      2. Interfere with building ventilation.
    4. Detached Garages as Perimeter Walls. See Section 3-5-1-7, Single-Story Detached Garages as Perimeter Walls.
  • Accessory Buildings or Structures Other than Detached Garages.
    1. Requirements for Sheds that are 120 Square Feet or Smaller and Less than 10 feet in Height to Peak of Roof. Sheds that are 120 square feet or less in floor area and not more than 10 feet in height to the peak of the roof may be located in a side or rear yard, provided that:
      1. They are located no less than three feet to a side or rear lot line;
      2. If they are located less than five feet from an abutting side street right-of-way, the area between the shed and the lot line shall contain either:
        1. An opaque wall or fence that is at least five feet in height; or
        2. Planted with shrubs that will grow to form a hedge with a height of at least three feet within not more than 18 months of planting;
      3. They are not located in a utility easement unless the property owner obtains written permission from the easement holder;
      4. They do not create nonconformities with respect to the building code on adjacent properties; and
      5. They do not alter or block the flow of stormwater drainage.
    2. Requirements for Other Detached Buildings or Structures. Accessory buildings or structures that are not specifically addressed by this LUDC shall be set back as follows:
      1. Setbacks:
        1. Front: Behind the principal building or rear half of the lot, whichever is less.
        2. Street Side: Same as required for the principal building.
        3. Interior Side: Five foot, or the same as the principal building, whichever is less.
        4. Rear: Five foot, or the same as the principal building, whichever is less.
      2. They are not located in a utility easement unless the property owner obtains written permission from the easement holder.
      3. They do not alter or block the flow of stormwater drainage.
  • Residential Occupancy. Residential occupancy of accessory buildings that are not constructed and approved for residential use is prohibited.
  • Effective on: 7/1/2014

    Sec. 3-5-2-2 Boats and River Rafts
  • Generally. The outdoor storage of boats and river rafts in residential developments is subject to the requirements of this Section.
  • Access. Vehicular access to the storage space shall utilize an approved curb cut or alley.
  • Prohibited Storage Locations. Boats and river rafts shall not be stored in or encroach upon rights-of-way, including sidewalks and trails.
  • Storage in Common Outdoor Storage Areas. No outdoor storage of boats or river rafts is allowed in the following residential development types, except in a common outdoor storage area that is compliant with the requirements of Section 3-5-2-4, Outdoor Storage:
    1. Timeshare / fractional ownership;
    2. Multifamily;
    3. Multiplex; or
    4. Townhomes.
  • On-Lot Storage. Outdoor storage of boats and river rafts is allowed on single-family and duplex lots. However, boats and river rafts shall not be stored in driveways if they interfere with:
    1. Required off-street parking;
    2. Access to required off-street parking; or
    3. Pedestrian movement on abutting sidewalks or trails.
  • Effective on: 7/1/2014

    Sec. 3-5-2-3 Commercial Vehicles
  • On-Lot Parking.
    1. One commercial vehicle is allowed in a driveway of a single-family or duplex unit, provided that:
      1. It is a van (with or without equipment racks), pickup truck (with or without equipment racks, and including 6-wheeled pickup trucks), or flatbed truck that is less than 22 feet long;
      2. It has a less than two-ton rated carrying capacity; and
      3. It is parked such that it does not encroach into public rights-of-way, including streets, sidewalks, and trails.
    2. A second commercial vehicle meeting the above criteria shall be parked in a enclosed garage.
  • Effective on: 7/1/2014

    Sec. 3-5-2-4 Outdoor Storage
  • Generally. Outdoor storage is allowed, provided that it is located, configured, and buffered as set out in this Section, and:
    1. The area used for outdoor storage is kept orderly, pest-free, and odor-free; and
    2. The outdoor storage does not include:
      1. Storage of garbage, except as provided in Section 3-5-1-4, Refuse, Recycling, and Compost Containers;
      2. Stockpiling of junk;
      3. Storage of materials, products, and equipment used in the course of a resident's commercial business;
      4. Storage of gasoline, other motor fuels, and comparable or greater fire or explosion hazards; and
      5. Storage of items that have a high potential for generating obnoxious odors or windblown debris.
  • Common Outdoor Storage.
    1. Common outdoor storage areas in residential developments shall be surrounded by a 30 percent opacity bufferyard.  (See Division 4-6-3, Buffering Requirements.
    2. Access to the common outdoor storage area shall be provided from a street within the development.
    3. Common outdoor storage areas shall not be located such that they abut neighboring residential development.
  • On-Lot Outdoor Storage. Outdoor storage is not allowed in the front yard, but is permitted in the rear yards of single-family, duplex, townhome, and multiplex lots.
  • Effective on: 7/1/2014

    Sec. 3-5-2-5 Satellite Dishes and Antennae
  • Generally. The standards of this Section apply to satellite dishes and antennae that are typically associated with residential uses. They are not applicable to facilities that are used for commercial purposes or the provision of personal wireless telecommunication services to people who do not reside on the lot on which the dish or antenna is located.
  • TV Antennae, DTV Antennae, Wireless Cable Antennae, and Satellite Dishes.
    1. The following are permitted if they are attached to a building or mounted on a mast that extends not more than 12 feet above the highest peak of the roof:
      1. TV antennae;
      2. DTV antennae;
      3. Wireless cable antennae; or
      4. Satellite dishes that are one meter or less in diameter.
    2. All cabling must be run internally (when feasible), securely attached, and as inconspicuous as practicable.
    3. Masts that are greater than 12 feet above the peak of the roof are permitted if it is demonstrated that:
      1. An adequate signal cannot be obtained at a lower height;
      2. The mast and antenna are lower than overhead utility lines, or set back from overhead utility lines such that a collapse of the mast will not result in contact with the lines; and
      3. The mast and antenna are designed to withstand a 90 mile per hour sustained wind load.
    4. Satellite dishes that are more than one meter in diameter are permitted if:
      1. They are located on the ground in the rear yard and are not visible from ground-level views from public rights-of-way or abutting properties; or
      2. If the dish cannot be located in the rear yard, it is located on the ground within the permitted building envelope on the side of the building, and the dish or antenna is fully screened from view from public rights-of-way with:
        1. A masonry wall; or
        2. An evergreen hedge or evergreen shrubs and understory trees.
  • Amateur Radio Antennae. Amateur radio antennae are permitted if the following standards are met:
    1. Height, setbacks, and screening for the antenna structure shall be as provided in Table 3-5-2-5, Amateur Radio Antennae.
    2. Support structures that are not attached to the antenna structure shall be treated as accessory structures for the purposes of height, setbacks, and screening.
  • Table 3-5-2-5
    Amateur Radio Antennae
    Lot Area Max. Height Min. Front Setback Min. Street Side Setback Min. Side and Rear Setback Required Screening
    Lot area greater
    than two acres
    120 ft. 100 ft.; or, alternatively, 20 ft. behind back wall of principal building Height of antenna Greater of required building setback or 70 ft. Continuous evergreen hedge around sides of base that face lot lines; 

    Three understory trees, located to maximize interruption of views from adjacent property and public rights-of-way.

    Existing vegetation that provides comparable screening may be applied toward this requirement.
    Lot area greater
    than 12,000 sf.
    72 ft. 72 ft.; or alternatively,
    15 ft. behind back wall of principal building
    Height of antenna Greater of required building setback or 25 ft.
    All other lots 40 ft. Same as required for principal building None
    Table 3-5-2-5
    Amateur Radio Antennae
    Lot Area Max. Height Min. Front Setback Min. Street Side Setback Min. Side and Rear Setback Required Screening
    Lot area greater
    than two acres
    120 ft. 100 ft.; or, alternatively, 20 ft. behind back wall of principal building Height of antenna Greater of required building setback or 70 ft. Continuous evergreen hedge around sides of base that face lot lines; 

    Three understory trees, located to maximize interruption of views from adjacent property and public rights-of-way.

    Existing vegetation that provides comparable screening may be applied toward this requirement.
    Lot area greater
    than 12,000 sf.
    72 ft. 72 ft.; or alternatively,
    15 ft. behind back wall of principal building
    Height of antenna Greater of required building setback or 25 ft.
    All other lots 40 ft. Same as required for principal building None
    Table 3-5-2-5
    Amateur Radio Antennae
    Lot Area Max. Height Min. Front Setback Min. Street Side Setback Min. Side and Rear Setback Required Screening
    Lot area greater
    than two acres
    120 ft. 100 ft.; or, alternatively, 20 ft. behind back wall of principal building Height of antenna Greater of required building setback or 70 ft. Continuous evergreen hedge around sides of base that face lot lines; 

    Three understory trees, located to maximize interruption of views from adjacent property and public rights-of-way.

    Existing vegetation that provides comparable screening may be applied toward this requirement.
    Lot area greater
    than 12,000 sf.
    72 ft. 72 ft.; or alternatively,
    15 ft. behind back wall of principal building
    Height of antenna Greater of required building setback or 25 ft.
    All other lots 40 ft. Same as required for principal building None
    Table 3-5-2-5
    Amateur Radio Antennae
    Lot Area Max. Height Min. Front Setback Min. Street Side Setback Min. Side and Rear Setback Required Screening
    Lot area greater
    than two acres
    120 ft. 100 ft.; or, alternatively, 20 ft. behind back wall of principal building Height of antenna Greater of required building setback or 70 ft. Continuous evergreen hedge around sides of base that face lot lines; 

    Three understory trees, located to maximize interruption of views from adjacent property and public rights-of-way.

    Existing vegetation that provides comparable screening may be applied toward this requirement.
    Lot area greater
    than 12,000 sf.
    72 ft. 72 ft.; or alternatively,
    15 ft. behind back wall of principal building
    Height of antenna Greater of required building setback or 25 ft.
    All other lots 40 ft. Same as required for principal building None

    Effective on: 7/1/2014

    Sec. 3-5-2-6 Renewable Energy
  • Generally. Renewable energy systems include photovoltaic arrays (solar electric panels), geothermal heating and cooling systems, and small wind energy conversion systems. They do not include the manufacture of renewable combustible fuels (e.g., ethanol or biodiesel).
  • Interconnect Agreements Required. If a photovoltaic array or small wind energy conversion system is to be interconnected to the electric utility grid, proof of an executed interconnect agreement shall be provided before the system is interconnected. Systems approved pursuant to this Section shall not generate power as a public utility as defined by C.R.S. § 40-1-103, Public Utility Defined.
  • Photovoltaic Arrays. Photovoltaic arrays convert sunlight into electricity. The following standards apply to photovoltaic arrays:
    1. Roof-Mounts. Photovoltaic arrays may be roof-mounted on principal and accessory buildings in all residential districts. Photovoltaic arrays are subject to all applicable height limits and setback requirements of the zone in which they are located.
    2. Ground-Mounts. Ground or structure-mounted photovoltaic arrays (not mounted on buildings) shall be set back as if they were detached accessory buildings if the highest point on the panels is more than eight feet above grade.
    3. Carports and Covered Walkways. Carports and covered walkways in multifamily developments may be covered with photovoltaic arrays regardless of their location on the parcel proposed for development if they are mounted flat on the roof.
  • Geothermal Heating and Cooling Systems. Geothermal heating and cooling systems use buried pipes to exchange heat with the ground, cooling buildings in the summer and warming them in the winter. Closed loop systems (horizontal and vertical loop systems) are permitted, provided that the loops are set back two feet from property lines and do not encroach into utility easements. Lake loop and open loop systems are not permitted.
  • Small Wind Energy Conversion Systems. Small wind energy conversion systems are generators that convert wind into electricity. Small wind energy conversion systems are rated for not more than 20kW of generation capacity. The following standards apply to small wind energy conversion systems:
    1. Setbacks and Positioning.
      1. Towers that are located on single-family detached, duplex, and multiplex lots or parcels shall be located behind principal buildings (either in the rear yard or in the building envelope) and set back from the building envelopes of abutting properties one foot for each foot in height. (See Figure 3-5-2-6, Small Wind Turbine Setbacks.)
      2. Towers that are located in other types of residential development may be located as set out in Subsection E.1.a., above, or in common open space areas if it is demonstrated that:
        1. They are set back at least 100 feet from rights-of-way and residential property lines that are not within the development; or
        2. Screened from view from outside the development by buildings, topography, and / or landscaping.
      3. No tower shall be located such that is casts a shadow between the hours of 10 AM and 3 PM on December 21, which impacts any nearby building's unshaded roof area that is oriented within 30 degrees either side of due South.
      4. Turbines shall be installed in locations that will prevent flickering shadows from being cast into the windows of buildings on nearby properties.
  • Figure 3-5-2-6
    Small Wind Turbine Setbacks
    In the example below, the tower is set back from the building envelopes of abutting lots. The tower is located in the rear yard of the parcel proposed for development (the applicant's property) and does not have to be set back from its building envelope.
      1. Turbine Blade Clearance. The vertical clearance of the blades of tower-mounted horizontal axis turbines shall be not less than 15 feet from the ground surface when the blades are at their lowest point.
      2. Access. Climbing access shall be limited by either:
        1. A six-foot tall fence around the base of the tower with a locking gate; or
        2. A design that does not allow for tower climbing at heights lower than 12 feet.
      3. Noise. Documentation provided by the manufacturer shall demonstrate that noise will not exceed 50 dBA at any property line at peak generation, based on the proposed location of the turbine.
      4. Reflections. Turbine blades shall be coated to minimize reflection.
      5. Tower Height and Screening. The maximum height of towers and the required screening for tall towers is set out in Table 3-5-2-6, Maximum Height of Small Wind Energy Conversion Systems. Tower height shall be measured as follows:
        1. For horizontal axis systems, to the highest point on the rotor blade at its highest point of rotation.
        2. For vertical axis systems, to the highest point of the tower or turbine, whichever is higher.
      6. Durability Requirements. Small wind energy conversion systems that become inoperable shall be repaired or removed by the owner or operator within 45 days.
    Table 3-5-2-6
    Maximum Height of Small Wind Energy Conversion Systems
    Lot Area and Zoning DistrictMaximum HeightRequired Screening
    Lot area greater than 5 acres 120 ft. Continuous evergreen hedge around sides of base that face lot lines. Existing vegetation, fencing, or garden walls that provide comparable screening may be substituted for this requirement.
    Lot area greater than 12,000 sf. 75 ft.
    All other lots 40 ft. None.
    Table 3-5-2-6
    Maximum Height of Small Wind Energy Conversion Systems
    Lot Area and Zoning DistrictMaximum HeightRequired Screening
    Lot area greater than 5 acres 120 ft. Continuous evergreen hedge around sides of base that face lot lines. Existing vegetation, fencing, or garden walls that provide comparable screening may be substituted for this requirement.
    Lot area greater than 12,000 sf. 75 ft.
    All other lots 40 ft. None.
    Table 3-5-2-6
    Maximum Height of Small Wind Energy Conversion Systems
    Lot Area and Zoning DistrictMaximum HeightRequired Screening
    Lot area greater than 5 acres 120 ft. Continuous evergreen hedge around sides of base that face lot lines. Existing vegetation, fencing, or garden walls that provide comparable screening may be substituted for this requirement.
    Lot area greater than 12,000 sf. 75 ft.
    All other lots 40 ft. None.
    Table 3-5-2-6
    Maximum Height of Small Wind Energy Conversion Systems
    Lot Area and Zoning DistrictMaximum HeightRequired Screening
    Lot area greater than 5 acres 120 ft. Continuous evergreen hedge around sides of base that face lot lines. Existing vegetation, fencing, or garden walls that provide comparable screening may be substituted for this requirement.
    Lot area greater than 12,000 sf. 75 ft.
    All other lots 40 ft. None.

    Effective on: 7/1/2014

    Sec. 3-5-2-7 Swimming Pools, Hot Tubs, and Spas
  • Generally. Swimming pools, hot tubs, and spas are permitted according to the standards of this Section and applicable health and building codes.
  • Standards for Private Lots.
    1. Swimming pools and spas on private lots shall be located in the rear yard and set back at least 10 feet from property lines. No swimming pool shall encroach into a utility easement. No pool deck shall encroach into an easement that contains or may contain underground utilities.
    2. Unobstructed deck areas shall extend not less than five feet in every direction from the pool.
  • Standards for Community Amenities. Swimming pools, hot tubs, and spas that are constructed as community amenities shall be located, configured, and enclosed as follows:
    1. Location. Swimming pools, hot tubs, and spas may be located on commonly-owned land:
      1. In the interior of a residential development, such that they are screened from view from outside of the development by buildings and landscaping; or
      2. On the edge of a residential development, provided that they are completely screened from view from outside of the development by a building and / or a 20 percent opacity bufferyard that includes a six foot tall fence or wall (measured on the side that faces away from the swimming pool, hot tub, or spa).
    2. Access.
      1. Access to the amenity shall be provided by sidewalks and / or trails.
      2. Entrances shall be accessible to disabled individuals, with gates that are self-closing and self-latching. Latches shall be at least four and one-half feet high.
    3. Required Enclosure.
      1. Swimming pools, hot tubs, and spas shall be enclosed by any combination of fence, building, or wall to prevent unauthorized access except through controlled entrances.
      2. Fences and walls shall be designed according to the specifications of the 2006 International Residential Code for One- and Two-Family Dwellings to preventing climbing. However, the enclosure shall be a minimum of five feet in height, measured on the side of the enclosure that faces away from the pool, hot tub, or spa.
    4. Deck Areas. Unobstructed deck areas shall extend not less than five feet in every direction from the pool.
  • Effective on: 7/1/2014

    Sec. 3-5-3-1 Custodial Units
    BP: Business Park/Campus CategoryLI: Light Industry Category

    1. Generally. Custodial units are allowed in the BP and LI zones according to the standards of this Section. Custodial units are not intended to permit general residential uses in these districts.
    2. Requirements.
      1. Demonstration of Need. Custodial units are allowed only to serve a demonstrated need for:
        1. Security; or
        2. 24-hour operations, monitoring, and/or maintenance.
      2. Occupancy. Custodial units shall be occupied only by an owner, operator, or employee of a business that is located on-site, and their family.
      3. Number and Form of Units.
        1. Not more than one custodial unit may be allowed per business that is located on the same lot.
        2. Custodial units shall be integrated into the building that is used for the principal use.
    3. Parking Spaces. In addition to the parking spaces that are required for the principal use, parking shall be provided for the custodial unit. See Section 4-5-2-2, Required Off-Street Parking Spaces (Parking Tables).
    4. Building and Fire Code Compliance. The unit shall comply with all adopted building and fire codes and with all applicable portions of this LUDC.

    Effective on: 7/1/2014

    Sec. 3-5-3-2 Nonresidential and Mixed-Use Accessory Buildings and Structures
  • The maximum height and minimum setbacks of nonresidential and mixed-use accessory buildings are set out in Division 3-2-3, Nonresidential and Mixed-Use Zones. Accessory buildings are counted toward building cover and floor area ratio (FAR) calculations.
  • Effective on: 7/1/2014

    Sec. 3-5-3-3 Outdoor Storage
    CG: Commercial - General CategoryCR: Commercial - Regional CategoryLI: Light Industry CategoryRA: Rural/Agriculture Category

    1. Generally. Outdoor storage is permitted as an accessory to uses in the RA, CG, CR, and LI zones, subject to the standards of this Section. Outdoor storage refers to the outside storage of materials or equipment used in production or other course of business, and does not refer to the outdoor display of merchandise (which is subject to Section 3-5-3-4, Outdoor Display of Merchandise). Outdoor storage areas that exceed the area limitations of this Section are considered storage yards, which are industrial uses.
    2. Applicability. Where special, limited, or conditional use standards apply to outdoor storage, the special, limited, or conditional use standards shall apply instead of the standards of this Section. (See Division 2-2-3Specific Standards for Special, Limited and Conditional Uses.) Outdoor storage is prohibited if it is not allowed by the standards of this Section or the special, limited, or conditional use standards that apply to the proposed use, if any.
    3. Prohibitions. Outdoor storage areas shall not be used to dispose of inoperable machines or wastes, store or dispose of hazardous materials, or store or dispose of materials that will create windblown dust or debris or storm water contaminants.
    4. Standards by Zoning District.
      1. RA District. Outdoor storage areas for agricultural equipment or materials shall be set back 50 feet from public rights-of-way and properties that have different zoning; or surrounded by a 30 percent opacity bufferyard.
      2. CG and CR Districts. Outdoor storage areas are permitted if it is demonstrated that the outdoor storage area:
        1. Is not larger in area than the gross floor area of the principal building; and
        2. Is screened from view with a six-foot tall opaque wall or fence which is surrounded on the outside perimeter with a continuous hedge, except at points of ingress and egress.
      3. LI District. Outdoor storage areas are permitted if it is demonstrated that the outdoor storage area:
        1. Is located behind the principal building and not visible from rights-of-way; or
        2. Is screened from public rights-of-way with a six-foot tall opaque wall or fence.

    Effective on: 7/1/2014

    Sec. 3-5-3-4 Outdoor Display of Merchandise
  • Generally. This Section sets out the standards that are applicable to permanent outdoor merchandise display areas.
  • Display Areas that are Attached to Principal Buildings. Outdoor display areas that are attached to a principal building are permitted if it is demonstrated that the display areas are:
    1. Adjacent to a wall of a principal building and configured as a walled or decoratively fenced area;
    2. Within the buildable area of the site;
    3. Not located in areas that are required or used for parking or vehicular circulation; and
    4. Not larger than the area set out in Table 3-5-3-4, Area of Outdoor Display of Merchandise.
  • Table 3-5-3-4
    Area of Outdoor Display of Merchandise
    Zone Maximum Outdoor Display Area
    CG 15% of gross floor area of principal building
    CR 33% of gross floor area of principal building

    1. Vehicle Sales. Where outdoor display of vehicles or heavy equipment is allowed, the following standards apply:
      1. May only be displayed on paved areas of the parcel;
      2. Not located in areas that are required or used for parking or vehicular circulation;
      3. May not display signs or attention-getting devices; and
      4. Must be set back from the property line with a 10 percent opacity bufferyard.

    Effective on: 7/1/2014

    Sec. 3-5-3-5 Vending and Reverse Vending Machines
  • Generally. Generally, vending machines and reverse vending machines on nonresidential and mixed-use parcels shall be located inside of buildings.
  • Exceptions. Vending machines and reverse vending machines may be provided outside at transit facilities and outdoor recreation facilities, provided that:
    1. They are located in a structure that provides cover from rain and snow;
    2. If internally illuminated, they do not face a public street or residential use or property unless they are screened from view by fences, walls, topography, or landscaping. Internal illumination must be turned off when the business closes; and
    3. For vending machines that dispense food or beverages, trash and / or recycling containers are located within 20 feet of the vending machines.
  • Effective on: 7/1/2014

    Sec. 3-5-3-6 Unattended Donation Drop-Off Boxes
    CG: Commercial - General CategoryCR: Commercial - Regional CategoryLI: Light Industry CategoryMU-A: Mixed-Use - Arterial Corridor CategoryPB: Public Category

    1. Generally. Unattended drop-off boxes for materials to be donated to charitable organizations may be located in parking and loading areas in the MU-A, CG, CR, LI, and PB zones pursuant to the standards of this Section.
    2. Location.
      1. Drop-off boxes shall be set back at least 15 feet from all property lines.
      2. Drop-off boxes shall not obstruct parking or vehicular circulation.
    3. Construction. Drop-off boxes shall be constructed of waterproof and rustproof materials, and shall be secured against scavenging.
    4. Maintenance. Materials that are deposited in drop-off boxes shall be collected on a regular schedule that is sufficient to prevent the boxes from overflowing.

    Effective on: 7/1/2014

    Sec. 3-6-1-1 Purpose of Article
  • Purposes. These sign regulations are established to safeguard the health, safety, convenience, order and welfare of all residents of the City. The City recognizes that signs may act as a visual means of communication with the public. The Sign Code shall promote visual harmony and a respect for the environmental character of the community while also enhancing the economy, businesses and industries by encouraging efficient communication with the public. The purpose of this Article is to provide a balanced and fair legal framework for the design, construction, and placement of signs.
  • Intent.  It is the intent of these regulations to provide for the proper control of signs in a manner consistent with the First Amendment guarantee of free speech. It is not the intent of these regulations to regulate signs based on the content of their messages. Rather, this Article advances important, substantial, and compelling governmental interests.
    1. The City has an important and substantial interest in preventing sign clutter (which is the proliferation of signs of increasing size and dimensions as a result of competition among property owners for the attention of passing motorists and pedestrians), because sign clutter:
      1. Creates visual distraction and obstructs views, potentially creating a public safety hazard for motorists, bicyclists, and pedestrians; 
      2. May cause physical obstructions of streets or sidewalks, creating public safety hazards;
      3. Degrades the aesthetic and essential historic character of the City, making the City a less attractive place for tourism, commerce, and private investment; and
      4. Dilutes or obscures messages displayed along the City's streets through the proliferation of distracting structures and competing messages.
    2. The City has a substantial and/or compelling interest in preventing traffic accidents.
    3. The City has a substantial and/or compelling interest in preventing negative impacts associated with temporary signs. Temporary signs may be degraded, damaged, moved, or destroyed by wind, rain, snow, ice, and sun, and after such degradation, damage, movement, or destruction, such signs harm the safety and aesthetics of the City if they are not removed.
    4. Certain types of speech are not constitutionally protected due to the harm that they cause to the individual or the community.
    5. The incidental restriction on the freedom of speech that may result from the regulation of signs hereunder is no greater than is essential to the furtherance of the important, substantial, and compelling interests that are advanced by this Article.
  • Effective on: 4/2/2019

    Sec. 3-6-1-2 Application
  • A.
    Generally. This Article shall govern and control the erection, remodeling, enlarging, moving, alteration, operation, and maintenance of all signs within all zones. It also provides penalties for violations of this Article.
  • B.
    Relationship to Other Regulations.
    1. 1.
      Nothing contained in this Article shall be deemed a waiver or variance of the provisions of any other Articles or Sections in this Code applicable to signs. Signs located in areas governed by several Articles or Sections of this Code shall comply with all such Articles and/or Sections (e.g. Division 2-2-3 Specific Standards for Specific, Limited and Conditional Uses).
    2. 2.
      The City recognizes other regulations pertaining to signage (i.e., State of Colorado, Department of Highways, “Rules and Regulations Pertaining to Outdoor Advertising,” effective January 1, 1984, and as may be amended).
    3. 3.
      The content of signs related to marijuana businesses is restricted by State laws and regulations, and both the advertising and sale of marijuana are prohibited by federal law. The City has no authority to supersede State or federal marijuana laws.
    4. 4.
      The content of signs related to natural medicine businesses is restricted by State laws and regulations per the Colorado Natural Medicine Code as codified in C.R.S. §§44-50-101 et seq, and both the advertising and business promotion of natural medicine-related uses must operate under these regulations to ensure compliance with safety, quality, and security standards. The City has no authority to supersede State or federal natural medicine regulations.
    5. 5.
      Where any provision of this Article covers the same subject matter as other City, State or federal regulations, the more restrictive regulation shall apply.
  • C.
    Interpretation and Severability.  See Section 1-2-2, Interpretation and Severability.
  • Effective on: 12/4/2024

    Sec. 3-6-1-3 Non-Conforming Signs
  • Non-conforming Signs.  Existing signs which do not conform to the specific provisions of this Article are designated as nonconforming signs. Nonconforming signs must be brought into compliance with this Article when any of the following exist:
    1. A non-conforming sign has alterations requiring a permit as described in Section 3-6-2-1.
    2. A nonconforming sign structure does not display any message for a period of 60 days.
    3. Nonconforming signs that are a danger to the public safety due to damage or wear shall be removed and shall not be replaced unless the replacement sign and sign structure conform to this Article.
    4. A non-conforming sign is damaged or destroyed more than two-thirds (67 percent) of the fair market value of its replacement value.
    5. When the property or premises upon which the sign is located is vacant for a period of at least sixty (60) days.
  • Effective on: 4/2/2019

    Sec. 3-6-1-4 Enforcement
    The provisions herein shall be enforced by the Administrator. It shall be unlawful to erect, construct, reconstruct, alter or change any sign without first obtaining the required sign permit or other approval or exemption under this Article, and no permit shall be issued unless plans of and for the proposed erection, construction, reconstruction, alteration or use fully conform to the LUDC and this Article. Upon presentation of proper credentials, the Administrator may enter any building, structure, real property or premises to ensure compliance with the provisions of this Code.

    Effective on: 4/2/2019

    Sec 3-6-1-5 Violations and Penalties
    It shall be unlawful to erect, construct, move or change the use of any sign in the City or cause the same to be done contrary to or in violation of the provisions of this Article. Any person, firm or corporation, whether as principal, agent, employee or otherwise, either as owner, lessee, occupant or otherwise, who violates any of the provisions set forth herein or any amendment thereof or who interferes in any manner with any person in the performance of a right or duty granted or imposed upon him or her by the provisions of this Code and conviction thereof, shall be subject to the penalties and remedies set forth in Section 1-16, Durango Code of Ordinances, as the same may be amended. Each day of the existence of any violation shall be deemed a separate offense, subject to the above-referenced penalty provisions.

    Effective on: 4/2/2019

    Sec. 3-6-2-1 Sign Permit Required
  • Sign Permit Required. A sign permit shall be required for the placement and construction of all signs, except as exempted in Section 3-6-3-1, Signs Authorized without Permit.
    1. The "construction of a new sign" shall include:
      1. The alteration of sign faces by painting or overlay.
      2. Erection, placement, moving, reconstruction, alteration, or display of a sign.
      3. The painting of wall signs.
      4. The installation of a new sign panel with different copy into an existing sign structure.
    2. Touching up or repainting existing letters, symbols, graphics, colors, etc., shall be considered maintenance and repair and shall not require a permit. Any other changes besides touching up or repainting existing signage with exactly the same message as presently exists shall require a new sign permit.
  • Effective on: 4/2/2019

    Sec. 3-6-2-2 Permit Procedures
  • A.
    Permitting Generally.  All permanent signs (except signs authorized without a permit pursuant to Section 3-6-3-1) must receive approval from the City pursuant to the procedures in this Article.
  • B.
    Permit Requirements.
    1. 1.
      A sign permit shall lapse and have no further effect unless a sign has been erected in compliance with the terms and conditions of the permit within one (1) year after the date of the sign permit approval.
    2. 2.
      The Administrator is authorized to grant, in writing, one (1) extension of time, for a period not more than one hundred eighty (180) days. The extension shall be requested in writing and justifiable cause demonstrated.
    3. 3.
      In addition to the required sign permit, a building permit may be required by the City staff for signs incorporating structural elements or attached to buildings. Electrical permits may be required for signs that are illuminated or other signs with electrical components.
    4. 4.
      Any temporary or permanent signs which encroach into the public right-of-way must obtain a revocable encroachment permit.
  • C.
    Permit Procedures.
    1. 1.
      All applicants must complete a sign permit application, pay the required fees, and submit all required supporting documentation such as design drawings, color samples, pictures, lighting specifications, and other items.
    2. 2.
      The applicant may choose to apply for a sign permit for multiple signs in a development by filing a Master Sign Program in accordance with Section 3-6-2-4.
    3. 3.
      Upon receipt of a complete application the Administrator shall review the application for compliance with this Section and all applicable building code requirements, and either approve, approve with conditions, or deny the application.
    4. 4.
      The Administrator shall have the right to inspect the proposed sign location prior to acting on the application and shall also have the right to inspect the sign after construction to ensure compliance with this Section and any conditions of approval.
    5. 5.
      A denial of a sign permit by the Administrator may be appealed to the Community Development Commission and shall be in accordance with the procedures provided in Section 6-3-17-1.
  • Effective on: 2/1/2024

    Sec. 3-6-2-3 Alternative Compliance
  • A.

    Generally. The Administrator shall be authorized to conduct design-based reviews of new signs and may grant modifications to any sign standard, including but not limited to sign area, setbacks, lighting, and/or height modifications, based upon a finding that:

    1. 1.

      Such action is taken in order to encourage the implementation of alternative or innovative practices that provide equivalent benefits to the public, and;

    2. 2.

      The following conditions are demonstrated:

      1. a.

        There is a need to compensate for practical difficulties, hardships, or unusual aspects of the site or the proposed sign,

      2. b.

        The proposed sign is generally in alignment with the adopted Sign Design Guidelines and helps further design objectives for the area,

      3. c.

        The proposed sign will not be detrimental to any adjacent properties in the area, and

      4. d.

        The proposed sign does not pose a threat to public health, safety, or welfare.

  • B.

    Limitations. Alternative Compliance review cannot be applied to:

    1. 1.

      Signs which have been approved under Section 3-6-2-4, Master Sign Program,

    2. 2.

      Signs listed under Section 3-6-3-1, Signs Authorized without Permit,

    3. 3.

      Signs listed under Section 3-6-4-2, Temporary Signs, and

    4. 4.

      Signs listed under Section 3-6-3-2, Prohibited Signs.

  • C.

    Referrals and Appeals

    1. 1.

      The Administrator may refer a request for any sign permit or Alternative Compliance to the Community Development Commission as specified in Chapter 6. Any appeal of the Administrator’s decision to deny or approve with conditions a sign permit or alternative compliance request shall be made to the Community Development Commission.

    2. 2.

      Notice and hearing. All appeals to the Community Development Commission shall be heard at a public hearing, notice of which shall be given in the manner required by the procedures of the Board. The decision of the Community Development Commission on the referral, appeal or alternative compliance request shall be final.

  •  
  • Effective on: 2/1/2024

    Sec. 3-6-2-4 Master Sign Program
  • A.
    Generally.
    1. 1.
      A development may propose to the Community Development Commission, for its approval, a Master Sign Program for the development area.
    2. 2.
      The purpose of a Master Sign Program is to provide design and standards flexibility for all signs to be placed within a development. Signs within such Program must be consistent in the design theme, be coordinated in color, graphics, texture, and material, and have placement controls within the development.
    3. 3.
      A Master Sign Program shall specify the location, number, and size of all signs on the property. The materials, methods of illumination, and graphic standards must also be defined.
    4. 4.
      An approved Master Sign Program shall set the boundary for which the sign program is approved and shall set out all design and procedural standards that shall apply within that boundary. All permits for any sign applied for within that boundary shall conform to the Master Sign Program as approved, or as subsequently amended.
  • B.
    Modifications.
    1. 1.
      Minor Modifications
      1. a.
        GenerallyA minor change to an approved Master Sign Program (MSP), may be approved by the Administrator. The phrase "minor change(s)" is considered to represent changes which do not alter the overall characteristics of the existing MSP and which create no adverse impacts on adjacent uses, infrastructure, or public safety. Some examples of what can be considered as "minor changes" are (by way of illustration and not limitation):
        1. i.
          Changes in the location of signs.
        2. ii.
          Changes in number of signs, as long as the aggregate square footage of the MSP stays the same.
        3. iii.
          Changes in the individual square footages of signs, as long as the aggregate square footage of the MSP stays the same.
        4. iv.
          Changes the colors or materials of signs, as long as the intended character of the MSP remains.
      2. b.
        Application. A request for a minor change(s) shall be filed at the Department, in writing, on a form approved by the administrator, accompanied by the applicable fee and associated documents.
      3. c.
        Process. The Administrator may approve the request if the Administrator finds that the change is a “minor change” as defined in Subsection 1.a., above.
    2. 2.
      Major Modifications
      1. a.
        GenerallyA major change to an approved Master Sign Program (MSP), shall be approved by the Community Development Commission. The phrase "major change(s)" is considered to represent changes which can alter the overall characteristics of the existing MSP and which could create adverse impacts on adjacent uses or public infrastructure. Some examples of what can be considered as "major changes" are (by way of illustration and not limitation):
        1. i.
          Changes in the aggregate square footage of the MSP.
        2. ii.
          Changes in sign heights over what was previously approved for the MSP.
        3. iii.
          Changes in the colors or materials which alter the overall character of the MSP.
      2. b.
        ApplicationA request for a major change(s) shall be filed at the Department, in writing, on a form approved by the Administrator, accompanied by the applicable fee and associated documents and drawings reflecting the major changes. The property shall also be posted during this review period as described in section 6-3-3-10.
      3. c.
        ProcessThe Administrator shall forward the application onto the Community Development Commission at their next available meeting for their review and decision.
  • Effective on: 2/1/2024

    Sec. 3-6-2-5 Historic Sign Designation
  • Generally. In recognition of the historic contribution of some signs to the community, historic signage shall be eligible for Alternative Compliance if it meets the criteria set forth in Section 3-6-2-3 and the criteria of this section. Appeals of the Administrator's decision regarding historic signage shall be made to the Historic Preservation Board.
    1. In order to qualify for such variance, the sign shall be at least 50 years old, and the Administrator shall find that the value of the sign's historic contribution to the community is greater than the impact of the violation. The Administrator must determine the sign is a character defining feature that is integral to the historic character of the building, property or community.
  • Effective on: 4/2/2019

    Sec. 3-6-3-1 Signs Authorized without Permit
  • Generally. The signs that are listed in this Section are allowed within the City subject to the limitations and requirements of this Article. Sign permits are not required for these signs.
  • General Limitations.  Signs that are authorized by this Section shall not:
    1. Be illuminated, except as specifically allowed within this Article.
    2. Be included in the limitation on the number of signs allowed per parcel, nor shall they be included in the computation of aggregate permitted sign area unless otherwise stated in this Article.
  • Authorized Sign Types.
    1. Public Sign. A sign of a noncommercial nature and in the public interest, erected by, or on the order of, a public officer in the performance of duty. Specifically:
      1. Signs erected by the City or by any federal, State or county government agency. Such sign may be off-premise.
      2. Any public purpose/safety sign and any other notice or warning required by a valid and applicable federal, state or local law, regulation or resolution. Such sign may be of any type, number, area, height above grade, location, illumination, or animation authorized by the law, statute, or ordinance under which the sign is erected.
    2. Flags. Flags that are affixed to permanent flagpoles or flagpoles that are mounted to buildings (either temporary or permanent).
      1. Such flags, when fully extended, shall not encroach on the public right-of-way.
      2. For any single lot, up to three (3) poles for flags may be erected in any zone district in accordance with the maximum height requirement for such zone district.
      3. Flagpoles must be placed outside of sight triangles and must be setback at a minimum of three (3) feet from any property line.
    3. Integral SignA sign made an integral part of a building’s construction. Such sign shall not exceed six square feet in area.
    4. Directional SignSuch sign shall not exceed six square feet in area and four-feet (4’) in height.
    5. Display SignSuch sign shall be either 1) mounted on a building wall oriented to pedestrians, or 2) a monument sign oriented to occupants of a vehicle in a drive aisle.
      1. If mounted on a wall oriented to pedestrians, such signs shall not exceed six (6) square feet.
      2. If a display sign oriented to occupants of a vehicle in a drive aisle, such sign shall not exceed thirty-two (32) square feet. Such sign shall not be designed to be read from the public right-of-way nor to attract attention to the site from the right-of-way. Such signs may be illuminated, subject to Section 3-6-3-3, Sign Illumination.
    6. Window Sign. A sign that is painted on, attached to or placed within one foot (1’) of the inside of a window, as long as the sign does not extend beyond the first story of the building on/in which it is located. Window signs shall not cover over twenty-five percent (25%) of the total window area. Such signs may not be illuminated.
    7. Incidental Sign. Such sign shall have an area of less than six square feet.
    8. Scoreboards. Scoreboards located adjacent to athletic fields. Such signs may be illuminated, subject to Section 3-6-3-3, Sign Illumination.
    9. Murals or works of art, subject to approval through the Design Review process.
    10. Vehicle Sign
      1. Signs may only temporarily be attached to the exterior of vehicles i.e. roofs or truck beds and they may be no larger than four (4) square feet.
      2. When such signing is on a vehicle that is parked or located in the vicinity of the business, the sign must be removed.
    11. Temporary Signs
      1. In residential zones temporary signs up to an aggregate area of 12 square feet may be displayed without a permit for an unlimited amount of time.  An aggregate area of up to 48 square feet is allowed 30 days prior to an election.
      2. In non-residential zones each business is allowed one temporary sign on private property, unless otherwise provided for in Section 3-6-2-4, Master Sign Program. Banners are considered temporary signs and are allowed to be displayed a maximum of six (6) times per calendar year for up to fourteen (14) consecutive days at a time. All banners must be registered prior to display.
  • Effective on: 4/30/2019

    Sec. 3-6-3-2 Prohibited Signs
  • A.
    The following signs and elements of signs are prohibited:
    1. 1.
      Signs which are of a size, location, movement, content, coloring, or manner of illumination which may be confused with, or construed as, a traffic-control device, or which hide from view any traffic or street sign or signal.
    2. 2.
      Changeable copy sign (automatic), also known as an electronic message center, except for time and temperature signs and gas station price signs. The frequency of message changes for gas station price signs shall not exceed one change per every 24 hours.
    3. 3.
      Signs or elements of signs which flash, move, blink, change color, chase, or have other animation effects. No sign shall have or contain fluttering or intermittent lights or other devices which create a change in brightness, direction, or intensity of lighting.
    4. 4.
      Signs or elements of signs which are animated with moving parts or animated letters, symbols, characters, or changing scenes.
    5. 5.
      Wind-driven sign elements such as pennants, balloons signs, and others. ‘Teardrop’-style banners secured on one side are allowed in all zones other than the Central Business District.
    6. 6.
      Signs which are placed on any curb, sidewalk, post, pole, hydrant, bridge, or other surface located on public property or in the public right-of-way, except as otherwise permitted by this Article.
    7. 7.
      Signs that extend over a public right-of-way, with the following exceptions:
      1. a.
        A wall-mounted sign may extend six (6) inches into a public right-of-way; and
      2. b.
        Pedestrian-oriented projecting signs may be allowed within the Central Business (CB); Mixed-Use Arterial (MU-A); Mixed-Use Neighborhood (MU-N) and Commercial General (CG) Zones. Projecting signs which extend over the public right-of-way are only allowed if a revocable right-of-way encroachment permit is issued by the City Engineer as part of the sign permit approval.
    8. 8.
      Any sign placed so as to impede the sight distance and visibility of motorists See Section 4-2-2-12, Corner Sight Distance, and Section 4-2-2-13, Visibility Triangle. One or two supports which are 10” wide or less and contain no sign copy is not considered a violation of the free air space requirement.
    9. 9.
      Inflatable signs or displays placed on the ground or on buildings or tethered to other objects or structures.
    10. 10.
      Signs on vehicles, when the vehicle is placed in a location for the primary purpose of displaying signage.
    11. 11.
      Portable signs, except as otherwise provided for in Section 3-6-4-2C.
    12. 12.
      Signs attached to trees or shrubs.
    13. 13.
    14. 14.
    15. 15.
      Any sign that obstructs access to or impedes operation of any fire escape, downspout, window, door, stairway, ladder or opening intended to provide light, air, ingress or egress for any building or structure as may be required by law.
    16. 16.
      Any sign that obscures the architectural details of a structure or otherwise does not comply with the City’s Design Guidelines.
    17. 17.
      Signs that advertise unlawful activity, except commercial speech related to marijuana and / or natural medicine. Federal law prohibits the advertising and sale of marijuana and certain natural medicines, particularly psychedelic substances, and those defined under natural medicine in this LUDC. Colorado law specifically allows the advertising and sale of marijuana, subject to comprehensive State regulation. Colorado law specifically allows the regulated use of natural medicine for the therapeutic purposes, although federal law prohibits the sale and advertisement of natural medicine outside of those specific, regulated contexts. Accordingly, the City will allow a limited exception to this Section for the signs of licensed marijuana or natural medicine businesses, provided that the businesses are licensed and operated in compliance with applicable State statutes and regulations. The exception created by this Subsection does not create an exemption from or a defense to the enforcement of federal law, nor shall the City be liable for any damages caused by the enforcement of federal law. If the federal policy officially changes such that federal marijuana prohibitions are enforced in Colorado, then the limited exception created by this Section shall automatically terminate, and signs advertising marijuana shall be considered prohibited signs.
    18. 18.
      Any exterior signage that uses the word “marijuana,” “cannabis” or any other word, phrase or symbol commonly understood to refer to marijuana. Signage associated with marijuana shall be in accordance with Section 13-171 of this Code. Any exterior signage that uses the word "psychedelics", "mushrooms", "MDMA" or any other word, phrase, or symbol commonly understood to refer to psychedelic mushrooms or natural medicines that could otherwise be achieved through alternative signage for the natural medicine related use.
    19. 19.
      Any sign held or carried by a person in a manner which obstructs or makes hazardous the free passage of pedestrians and motor vehicles on any street, sidewalk or public-right-of way.
    20. 20.
      Signs which are erected or altered after the adoption of this Article and do not comply with the provisions thereof, unless such provision was expressly waived, or the sign is granted a variance.
  • Effective on: 12/4/2024

    Sec. 3-6-3-3 Sign Illumination
  • A.
    Generally. The following rules and standards apply in establishing the type of illumination that may be used for signs:
    1. 1.
      External lighting of all types of signs, except temporary signs, is permitted. The light fixture shall be downcast toward the sign and the light source shall be shielded.
    2. 2.
      The light from any internally illuminated sign shall be shaded, shielded, or directed so that the light intensity or brightness will not be disruptive to a residential use or property, or create a distraction to a motorist.
    3. 3.
      Sign illumination design must be shown to be compliant with Dark Sky Friendly principles.
    4. 4.
      Colored lights shall not be used at any location or in any manner so as to be confused with or construed as traffic-control devices.
    5. 5.
      Only external illumination of signage is allowed in the Central Business Zone, Mixed Use Neighborhood Zone and any residential zone, including residential areas of PD zones.
    6. 6.
      Internally illuminated signs shall have an opaque background so that light only shines through the letters and logos at night.
    7. 7.
      Neon illumination should not dominate a city block or a series of storefronts, especially within the Main Avenue Historic District. Any use of neon within the Main Avenue Historic District requires review and approval by the Community Development Commission.
      1. a.
        The use of the neon shall comply with the requirements of this Article and the following:
        1. i.
          Not more than fifty (50) percent of the allowable aggregate sign area, in any case not more than forty (40) square feet, per parcel, may be illuminated through the medium of neon.
        2. ii.
          No single sign may have more than fifteen (15) square feet of neon illumination.
        3. iii.
          The measurement of the neon lighting / sign shall include the total area within the periphery of the display which can be enclosed with a rectangle or a series of attached rectangles.
  • Effective on: 2/1/2024

    Sec. 3-6-3-4 Aggregate Sign Area
  • Generally.
    1. The allowed aggregate sign area for each zone district is listed in Division 3-6-5, Place-Based Sign Standards.
    2. No single sign or combination of signs shall exceed the aggregate area allocation for a parcel.
    3. No more than four (4) signs requiring a sign permit shall be allowed on any one parcel unless approved in an adopted Master Sign Program.
    1. The following rules shall apply in determining the aggregate area of all signage upon a single parcel of land:
      1. Off-premise signs shall be included in the aggregate area of the parcel upon which they are located.
      2. Signs authorized without a permit and temporary signs shall not be included in the calculation of aggregate sign area for a parcel listed in Section 3-6-5-1, Permitted Signs by Zoning District.

    Effective on: 4/2/2019

    Sec. 3-6-3-5 Sign Measurement
  • Computation of Sign Area. The measurement of the area of a sign is determined as follows:
    1. Single-Faced Sign​
      1. S​​​​​ign area is the entire surface area of a sign, including nonstructural trim. The supports, uprights, or structures on which any sign is mounted shall not be included in measuring sign area.
      2. Sign area for cutout letters or display shall include the total area within the periphery of the cutout letters or display which can be enclosed within a rectangle or series of attached rectangles.
      3. If a sign consists of a symbol or statuary, the entire surface area of the symbol or statuary which can be enclosed within a rectangle shall be measured as the sign area.

        Figure 3-6-3-5A 

        Sign Area Computation

         
    2. Multi-faced Sign.
      1. If a sign has two, three or more faces, its sign area shall be computed as the sum of the areas of each individual face.  For example, if the maximum allowable sign area is 100 square feet, then a double-sided sign may have an area of 50 square feet on each side. If a sign has four faces, then each face may have an area of 25 square feet each.
    3. Combined Sign.
      1. Whenever more than one sign is hung or placed on a freestanding structure, or on a projecting structure, the combination of signs shall be considered as one sign for the purpose of computing sign area and determining the number of signs on a parcel. Total sign area shall be computed by adding the areas of the individual signs.
  • Computation of Sign Height
    1. The height of a freestanding sign shall be determined by the distance between the topmost portion of the sign structure and the ground elevation at the base of the sign. In cases where a freestanding sign base is located below the adjacent street, the sign may extend above the maximum allowed height by an amount equal to the vertical distance between the sign base and the elevation of the adjacent street at curb line.
  • Effective on: 4/2/2019

    Sec. 3-6-4-1 Permanent Signs
  • A.
    Generally. The standards of this Section apply to all permanent signs, unless otherwise exempted by Section 3-6-3-1, Signs Authorized without Permit or by the approval of Alternative Compliance. In many instances, such standards are minimums and may be subject to additional standards set out elsewhere within this Article or applicable Design Guidelines.
  • B.
    Sign Types. All signs shall be permanent in nature except for those signs allowed in Section 3-6-4-2, Temporary Signs, or street banners for which a permit has been issued through the Parks and Recreation Department. Permanent signs include the following types:
    1. 1.
    2. 2.
    3. 3.
    4. 4.
    5. 5.
    6. 6.
      Wall Signs

       Figure 3-6-4-1B

      Permanent Sign Types

       

       

  • C.
    Awning Signs. (See Tables 3-6-5-1 and 3-6-5-2 for more details)
    1. 1.
      An awning may include a printed or mounted sign.
    2. 2.
      Signs may be placed only on awnings that are located on the ground floor façade of a building. No sign mounted to an awning shall project beyond, above or below the face of an awning.

       Figure 3-6-4-1C

      Awning Sign Detail

       
  • D.

     

    Canopy Signs. (See Tables 3-6-5-1 and 3-6-5-2 for more details) 
  • 1.   A canopy may include a printed or mounted sign. 

    2. Color bands on canopy fascia that use colors from company logos count towards the total sign area. Fascia lighting shall be limited to channel letters and / or symbols.

     Figure 3-6-4-1D

    Canopy Sign Detail

     

     

    1. E.
      Marquee Signs. (See Tables 3-6-5-1 and 3-6-5-2 for more details)
      1. 1.
        marquee sign shall be placed on a ground floor façade of a building. No marquee sign shall extend above the roof or parapet line of any building.

         Figure 3-6-4-1E

        Marquee Sign Detail

         
    2. F.
      Monument Signs(See Tables 3-6-5-1 and 3-6-5-2 for more details)
      1. 1.
        The sign base for a monument sign shall be a minimum of 75% of the sign width and must be at least 30” tall, except if approved by the administrator for circumstances such as:
        1. a.
          The total height of the proposed sign is 8' or less; or
        2. b.
          The proposed sign is located within a visibility triangle; or
        3. c.
          Other qualifying site constraints exist, as determined by the administrator.

           Figure 3-6-4-1F

          Monument Sign Detail

           

           

    3. G.
      Projecting Signs. (See Tables 3-6-5-1 and 3-6-5-2 for more details)
      1. 1.
        Projecting signs shall be placed on a ground floor facade, not higher than the bottom of the second story windows or the roof line of a one story building.

        Figure 3-6-4-1G

        Projecting Sign Detail 

         
    4. H.
      Wall Signs. (See Tables 3-6-5-1 and 3-6-5-2 for more details)
      1. 1.
         A wall sign shall not obstruct any portion of a window, doorway or other architectural detail.
      2. 2.
         A wall sign shall not be placed higher than the roof or parapet line.

         Figure 3-6-4-1H

        Wall Sign Detail

         

     

    Effective on: 4/14/2023

    Sec. 3-6-4-2 Temporary Signs
  • Generally. The standards of this Section apply to all temporary signs. In many instances, such standards are minimums and may be subject to additional standards set out elsewhere within this Article or applicable design guidelines. Alternative Compliance or variances to the temporary sign standards shall not be considered. Temporary signs may also be approved as part of a Temporary or Special Use under Article 2-2 of this Code or a Special Event Permit issued by the Parks and Recreation Department. The Administrator may modify the standards of this Article at their discretion if the applicant submits a detailed signage plan as part of their permit application.
  • Sign Types. Temporary signs include the following types:
    1. Banners
    2. Small Portable Signs
    3. Site Signs
    4. Yard Signs

       Figure 3-6-4-2A

      Temporary Sign Types

       

       

  • Banners(See Tables 3-6-5-1 and 3-6-5-2 for more details)
    1. Banners do not require permits but must be registered prior to display per procedures developed by the Community Development Department.
    2. Each business is allowed to display one banner a maximum of six (6) times per calendar year.
    3. No banner may be displayed for more than fourteen (14) consecutive days.
    4. Only one banner can be displayed per business.
    5. 'Teardrop’-style banners shall not obstruct any vehicle or pedestrian movement. Teardrop style banners are not allowed in the Central Business District.
    6. Banners must be maintained in good condition free from rips, tears, and other damage.
    7. Wall banners must be secured so as to avoid flapping in the wind.

      Figure 3-6-4-2B

      Banner Sign Detail 

       
  • Small Portable Signs(See Tables 3-6-5-1 and 3-6-5-2 for more details)
    1. Small Portable Signs are allowed in all non-residential zones and shall be located on the property of the business it is advertising unless otherwise approved as described below. 
    2. A small portable sign shall not exceed twelve (12) square feet in area (or six (6) square feet per side if double-sided) and four (4) feet in height.
    3. Small portable signs shall meet the character, materials and colors outlines in the Design Guidelines.
    4. A minimum of four (4) feet of sidewalk width clearance shall be available for pedestrian use.
    5. Small portable signs must be stored inside each day at close of business.
    6. Small portable signs in the public right of way must obtain a permit per the procedures and guidelines developed by the Community Development Department.
  • Site Signs(See Tables 3-6-5-1 and 3-6-5-2 for more details)
    1. Site signs are only allowed on vacant land parcels or lots under construction and are not permitted on parcels with existing residential or non-residential uses.

       Figure 3-5-4-2C

      Site Sign Detail

       
  • Yard Signs(See Tables 3-6-5-1 and 3-6-5-2 for more details)

     Figure 3-5-4-2D

    Yard Sign Detail

     
  • Effective on: 4/30/2019

    Sec. 3-6-5-1 Permitted Signs by Zoning District
    BP: Business Park/Campus CategoryCB: Central Business CategoryCG: Commercial - General CategoryCR: Commercial - Regional CategoryEN-1: Established Neighborhood - Old Durango CategoryEN-2: Established Neighborhood - 2nd and 3rd Avenues CategoryEN-3: Established Neighborhood - East Animas City CategoryEN-4: Established Neighborhood - Crestview and Needham CategoryEN-5: Established Neighborhood - Riverview CategoryEN-6: Established Neighborhood - Other Single-Family Neighborhoods CategoryEN-MF: Established Neighborhood - Multifamily CategoryLI: Light Industry CategoryMU-A: Mixed-Use - Arterial Corridor CategoryMU-N: Mixed-Use - Neighborhood CategoryOS: Open Space CategoryPB: Public CategoryRA: Rural/Agriculture CategoryRH: Residential - High CategoryRL: Residential - Low CategoryRM: Residential - Medium Category

    1. A.
      Generally. This Section identifies the signs allowed within specific zones for the uses permitted within the zones and sets forth special standards.

     

    1. B.
       Residential Zones (EN, EN-MF, RL, RM, RH), Agricultural Zone (RA), Open Space (OS), and Public Zone (PB). 

     

    Table 3-6-5-1 A   

    Signs Allowed in  Residential Zones (EN, EN-MF,  RL, RM, RH), Agricultural Zone (RA),

    Open Space (OS), and Public Zones (PB

    Indirect illumination only.

    Sign Type

    Permit RequirementMaximum NumberMaximum Area per sign

    Maximum

    Height

    Setbacks
    Permanent Signs 
    Monument SignPermit

    1 per non-residential use; 1 per entrance to a subdivision, multi-family housing complex or mobile home park

    24 sq. ft 

    Includes both sides

    5 feet0 feet
    Wall SignPermit

    1 per non-residential use

    24 sq.ft.No higher than roof or parapet lineNA
    Temporary Signs (Limit 1 per property) 
    Site SignAllowed without permit on the private property32 sq. ft.5 feet5 feet
    Yard SignAllowed without permit on the private property112 sq. ft per sign4 feet0 feet

     

    1. C.
       Nonresidential and Mixed-Use Zones (MU-N, MU-A, CB, CG, CR, BP and LI).

       

    Table 3-6-5-1 B   

    Signs Allowed in  Central Business (CB) and Mixed Use-Neighborhood (MU-N) Zones

    Aggregate area allowed: One hundred (100) square feet of total sign area per parcel.

    Zero (0’) setback required outside of the sight visibility triangle.

    Five-foot (5) setback required for Yard and Site Signs.

    Four (4) total signs are allowed per parcel.
    Indirect illumination only.

    Sign Type

    Permit RequirementMaximum NumberMaximum Area per signHeight
    Permanent Signs
    Awning Sign PermitMultiple30 sq.ft.Maximum roof or parapet line; 8.5 ft. min height pedestrian clearance
    Canopy SignPermitMultiple60 sq.ft.No higher than roof or parapet line; 8.5 ft. min height pedestrian clearance; 14 ft min height vehicular clearance
     Marquee SignPermit1 per building frontage

    60 sq. ft

    includes all faces

    Maximum roof or parapet line; minimum 8.5 feet
    Monument SignPermit1 per street frontage of principal building/access point

    60 sq. ft

     includes all faces

    8 feet
    Projecting SignPermit1 per business frontage

    32 sq. ft. 

    includes all faces

    Maximum roof or parapet line; 8.5 ft. min height pedestrian clearance
    Wall SignPermitMultiple30 sq.ft.No higher than roof or parapet line
    Temporary Signs (Limit 1 per property, except as specified below.)

    Banners

    No Permit

    One per business is allowed 6 times per year.  Maximum of 14 consecutive days at a time.

    16 sq. ft for per wall banner or teardrop banner

    No higher than roof or parapet line for a banner. No higher than 10.5 ft. for a teardrop.  Teardrop banners are not allowed in the CBD.

    Site SignAllowed without permit on the private property132 sq. ft.Maximum 5 feet

    Small

    Portable Sign

    Allowed without permit on the private property112 sq. ft, max. 6 sq. ft per sideMaximum 4 feet
    Yard SignAllowed without permit on the private property112 sq. ft per signMaximum 5 feet

     

    Table 3-6-5-1 C

    Signs Allowed in  Mixed Use-Arterial (MU-A) Zone

    Aggregate area allowed: One hundred (100) square feet of total sign area per parcel.

    Zero (0’) setback required outside of the sight visibility triangle.

    Five-foot (5) setback required for Yard and Site Signs.

    Four (4) total signs are allowed per parcel.
    Indirect and Internal (opaque background) illumination allowed.
    Sign TypePermit RequirementMaximum NumberMaximum Area per signHeight
    Permanent Signs
    Awning Sign PermitMultiple60 sq.ft.Maximum roof or parapet line; 8.5 ft. min height pedestrian clearance
    Canopy SignPermitMultiple60 sq.ft.No higher than roof or parapet line; 8.5 ft. min height pedestrian clearance; 14 ft min height vehicular clearance
     Marquee SignPermit1 per building frontage

    60 sq. ft. 

    includes all faces

    Maximum roof or parapet line; minimum 8.5 feet pedestrian clearance
    Monument SignPermit1 per street frontage of principal building/access point

    60 sq. ft 

    includes all faces

    12 feet
    Projecting SignPermit1 per business frontage

    32 sq. ft. 

    includes all faces

    Maximum roof or parapet line; 8.5 ft. min height pedestrian clearance
    Wall SignPermitMultiple40 sq.ft.No higher than roof or parapet line
    Temporary Signs (Limit 1 per property, except as specified below.)

    Banners

    Registration Required

    One per business is allowed 6 times per year.  Maximum of 14 consecutive days at a time.32 sq. ft, for per wall banner or teardrop banner 

    No higher that roof or parapet line for a banner. No higher than 10.5 ft. for a teardrop. 

    Site SignAllowed without permit on the private property

    1

    32 sq. ft.Maximum 5 feet

    Small

    Portable Sign

    Allowed without permit on the private property

    1

     

    12 sq. ft, 6 sq.ft.per side Maximum 4 feet 
    Yard SignAllowed without permit on the private property112 sq. ft per signMaximum 5 feet

     

    Table 3-6-5-1 D

    Signs Allowed in  Commercial General (CG) and Commercial Regional (CR) Zones

    Aggregate area allowed: Two hundred (200) square feet of total sign area per parcel.

    Five-foot (5) setback required 

    Four (4) total signs are allowed per parcel.
    Indirect and Internal (opaque background) illumination allowed.
    Sign TypePermit RequirementMaximum NumberMaximum Area per signHeight
    Permanent Signs
    Awning Sign PermitMultiple60 sq.ft.Maximum roof or parapet line; 8.5 ft. min height pedestrian clearance
    Canopy SignPermitMultiple60 sq.ft.No higher than roof or parapet line; 8.5 ft. min height pedestrian clearance; 14 ft min height vehicular clearance
     Marquee SignPermit1 per building frontage

    60 sq. ft.

    includes all faces

    Maximum roof or parapet line; minimum 8.5 feet pedestrian clearance
    Monument SignPermit1 per street frontage of principal building/access point

    100 sq. ft 

    includes all faces

    20 feet
    Projecting SignPermit1 per business frontage

    32 sq. ft. 

    includes all faces

    Maximum roof or parapet line; 8.5 ft. min height pedestrian clearance
    Wall SignPermitMultiple40 sq.ft.No higher than roof or parapet line
    Temporary Signs (Limit 1 per property, except as specified below.)

    Banners

    Registration Required

    One per business is allowed 6 times per year.  Maximum of 14 consecutive days at a time.32 sq. ft, for per wall banner or teardrop banner 

    No higher that roof or parapet line for a banner. No higher than 10.5 ft. for a teardrop. 

    Site SignAllowed without permit on the private property132 sq. ft.Maximum 5 feet

    Small

    Portable Sign

    Allowed without permit on the private property112 sq. ft, 6 sq.ft.per side Maximum 4 feet 
    Yard SignAllowed without permit on the private property112 sq. ft per sign,Maximum 5 feet

     

    Table 3-6-5-1 E

    Signs Allowed in  Business Park (BP) and Light Industrial (LI) Zones

    Aggregate area allowed: Two hundred (200) square feet of total sign area per parcel.

    Five-foot (5) setback required 

    Four (4) total signs are allowed per parcel.
    Indirect and Internal (opaque background) illumination allowed.
    Sign TypePermit RequirementMaximum NumberMaximum Area per signHeight
    Permanent Signs
    Awning Sign PermitMultiple60 sq.ft.Maximum roof or parapet line; 8.5 ft. min height pedestrian clearance
    Canopy SignPermitMultiple60 sq.ft.No higher than roof or parapet line; 8.5 ft. min height pedestrian clearance; 14 ft min height vehicular clearance
     Marquee SignPermit1 per building frontage

    60 sq. ft. ​​​​​​

    includes all faces

    Maximum roof or parapet line; minimum 8.5 feet pedestrian clearance
    Monument SignPermit1 per street frontage of principal building/access point

    100 sq. ft 

    includes all faces

    12 feet
    Projecting SignPermit1 per business frontage

    32 sq. ft. 

    ​​​​​​​includes all faces​​​​​​​

    Maximum roof or parapet line; 8.5 ft. min height pedestrian clearance
    Wall SignPermitMultiple50 sq.ft.No higher than roof or parapet line
    Temporary Signs (Limit 1 per property, except as specified below.)

    Banners

    Registration Required

    One per business is allowed 6 times per year.  Maximum of 14 consecutive days at a time.32 sq. ft, for per wall banner or teardrop banner 

    No higher that roof or parapet line for a banner. No higher than 10.5 ft. for a teardrop. 

    Site SignAllowed without permit on the private property132 sq. ft.Maximum 5 feet

    Small

    Portable Sign

    Allowed without permit on the private property112 sq. ft, 6 sq.ft.per side Maximum 4 feet 
    Yard SignAllowed without permit on the private property112 sq. ft per signMaximum 5 feet

    Effective on: 12/3/2019

    Sec. 3-6-5-2 Sign Standards in Special Areas
    CG: Commercial - General CategoryCR: Commercial - Regional CategoryHistoric District CategoryLI: Light Industry CategoryRCOZ: River Corridor Overlay Zone Category

    1. River Corridor Overlay Zone
      1. Within the River Corridor Overlay Zone, signs shall not be placed within view from the river or the top bank of the river, except for pedestrian-oriented signs along paths and trails not in public right-of-way.
      2. In the Downtown Subdistrict of the River Corridor Overlay Zone, Downtown Design Guidelines apply, including design guidelines for signs. In addition to the Downtown Design Guidelines and the other requirements of this Article:
        1. One sign per parcel may have a sign area up to sixty (60) square feet.
        2. All other signs on the parcel shall each have an area not to exceed twenty (20) square feet.
    2. East Third Avenue Historic District.
      1. For properties located within the East Third Avenue Historic District, the sign standards of the Design Guidelines for the East Third Avenue Historic District shall apply.
      2. Three (3) signs are allowed per property: one in the front yard, one on the front wall of the building, and one at the rear entrance of the building.
      3. The maximum height of a monument sign shall be four (4) feet.
      4. The total square footage of signage for a property is thirty-six (36) square feet.
      5. Monument signs can be a maximum of twelve (12) square feet each.
      6. Window signs may be painted on or hung inside a window.
      7. Hanging signs can be eight (8) square feet each and shall be located on the porch, directly above the steps leading to the main entrance of the building.
      8. Only indirect illumination is allowed from a shielded light source.
    3. Off-Premise Signs
      1. Off-Premise signs are permitted only in the CG, CR, and LI zones, in accordance with the following provisions and standards:
        1. An off-premise sign shall not be internally or directly lighted.
        2. One off-premise sign is allowed per parcel.
        3. An off-premise sign shall not face toward or be readily visible from residential uses or zone districts.
        4. An off-premise sign shall conform with all standards and procedures set out in this Article.

    Effective on: 4/2/2019

    Sec. 3-6-6-1 Sign Design
  • Generally. In general, signs shall have mutually unifying elements which may include uniformity in materials, color, size, height, letter style, sign type, shape, lighting, location on buildings, and design motif.
    1. Signs shall be in character with the material, color, and architectural detail of the building.
    2. Background colors shall be muted tones.
    3. Bright colors are allowed only for lettering, trim, accents and logos.
    4. Reflective, glossy materials are not allowed in the Central Business Zone.
    5. Where possible, monument signs shall integrate tenant signs into a single sign structure.
  • Effective on: 4/2/2019

    Sec. 3-6-6-2 Sign Installation
  • Generally. All signs shall meet adopted building and fire codes as applicable and as amended from time to time.
    1. Except for flags, window signs and temporary signs conforming to the requirements of this Article, all signs shall be constructed of high quality durable materials and shall be permanently attached to the ground, a building, or another structure by direct attachment to a rigid wall, frame, or structure.
    2. No signs shall be installed to obstruct any fire escape, required ventilation, required exit, window or door opening used as a means of egress.
  • Effective on: 4/2/2019

    Sec. 3-6-6-3 Maintenance
  • Generally. All signs, both currently existing and constructed in the future, and all parts and components thereof, shall be maintained in a safe condition in compliance with all building and electrical codes, and in conformance with this Article.
    1. All signs, including sign structures and sign faces, shall be kept in good repair so as not to be distracting, unattractive, dangerous or a public nuisance and effectively serve the purpose for which they are intended.  For the purposes of this section, good repair shall mean that there are no loose, broken, torn or severely weathered portions of the sign structure or sign face.
    2. All signs shall be properly maintained. Exposed surfaces shall be clean and painted if paint is required. Defective parts shall be replaced.
  • Effective on: 4/2/2019

    Sec. 3-6-6-4 Sign Removal
  • Removal.
    1. Generally. Any abandoned or illegal sign, which is not removed from the premises by the owner, user, or property owner within the time frames prescribed in this Section, shall be subject to removal by the Administrator in accordance with the provisions and procedures detailed in this Section. Any such sign shall also be considered a violation of the provisions of this Section and shall be subject to the penalties as set forth in Article 6-4, Enforcement and Remedies. Removal of non-conforming signs are addressed in section 3-6-1-4.
    2. Disposition.
      1. Any illegal sign shall be removed from the premises upon which it is located within seven (7) days from notice of violation and shall not remain on the premises or elsewhere in the City until and unless a sign permit is issued.
      2. Any destroyed or demolished building shall remove any signage connected to that premise.
    3. Removal by Authorities. Upon failure of the owner, user, or property owner to comply within the specified time requirements set out in this Section, the Administrator is hereby authorized to cause such abandoned or illegal sign to be removed and any expense attendant thereto shall be paid by the owner, agent, or person having the beneficial use of the building, structure, or premises upon which the sign is located.
      1. If such removal or alteration expense remains unpaid for more than thirty (30) days after such removal or alteration is performed and expense incurred by the City and a bill for same was mailed to the permittee or owner by first class, certified or registered mail, such unpaid charge shall constitute a lien upon the real estate.
      2. The City Attorney is hereby authorized, in accordance with the law, to file a notice of lien in the office of the County Clerk to foreclose this lien and to sue the owner of the real estate of sign permittee, or their agents, in a civil action to recover the money due for the foregoing service, plus all its costs as hereinafter more fully described, together with reasonable attorney's fees to be fixed by the court. Any such judgement shall be enforced in accordance with law. Included in the expenses recoverable by the City shall be the costs of filing the notice of lien foreclosing such lien and all litigation costs, together with all office and legal expenses incurred about collection of the amount due hereunder.
      3. In lieu of filing and enforcing a lien, the City may certify its costs of removal and enforcement with the County Treasurer under CRS 31-20-105 & 106 for collection in the same manner as real property taxes.
    1. Failure to Remove.
      1. A failure to remove any abandoned or illegal sign and subsequent failure by the Administrator to duly notice the owner, user, or property owner of the provisions of this Article shall not be deemed to constitute a waiver of any violations of this Article, nor to be given any special status.
      2. If, through administrative neglect or inaction, an owner, user, or property owner is not notified of the requirements of this Article within the time frames set out in this Section, but is later so notified, such owner, user, or property owner shall act to either correct the abandonment or illegality or shall cause the sign to be removed within twenty (20) days of such notification.
    2. Signs Removed. Any sign removed by the Administrator, in accordance with this Section, shall become the property of the City and may be disposed of in any manner deemed appropriate by the City.
  •  

    Effective on: 4/2/2019