This Chapter shall be known and may be cited as the "Zoning Ordinance of the City of Edgewater."

(Prior code 23-1)

It is not intended by this Chapter to repeal, abrogate, annul or any way impair or interfere with existing provisions of other laws or ordinances, except those specifically repealed by the ordinance codified herein and those ordinances or parts of ordinances which have heretofore established land use zoning designations upon any land or lands within the City; with private restrictions placed upon property by covenant, deed or other private agreement; or with restrictive covenants running with the land to which the City is a party. Where this Chapter imposes a greater restriction upon land, buildings or structures than is imposed or is required by such existing provisions of law, ordinance, contract or deed, this Chapter shall control.

(Prior code 23-2)

This Chapter is enacted for the purpose of promoting the health, safety, morals, convenience, order, prosperity and welfare of the present and future inhabitants of the City by lessening of congestion in the streets or roads, securing safety from fire and other dangers, providing light and air, avoiding undue congestion of population, facilitating the adequate provision of transportation, water, sewerage, schools and other public requirements, and by other means in accordance with the Comprehensive Plan.

(Prior code 23-3; Ord. 09-14 §1, 2014)

In their interpretation and application, the provisions of this Chapter shall be held to be the minimum requirements adopted for the promotion of the public health, safety and welfare.

(Prior code 23-4)

When not inconsistent with the content, words used in the present tense include the future; words in the singular number include the plural number; and words in the plural number include the singular number. For the purposes of this Chapter, certain terms and words are defined as follows:

Accessory dwelling unit (ADU) means an internal, attached, or detached dwelling unit that is accessory to one (1) otherwise detached dwelling unit and: (a) has a total floor area that does not exceed seven hundred and fifty (750) square feet; (b) does not equal or exceed the area of the associated primary dwelling unit; and (c) is located on the same lot as the proposed or existing primary dwelling unit. A detached ADU is an accessory building for purposes of this Chapter.

Accessory use means a use customarily incidental and subordinate to the principal structure, building or use of land and that is customarily located on the same lot as that of the principal structure, building or use.

Alley means a public thoroughfare which affords only a secondary means of access to abutting property.

Active or programmed recreation area means an area with a primary function of sport field but can also accommodate secondary functions including, but not limited to, nonorganized sporting events, cultural activities and organized social gatherings.

Application rate means the depth of water applied to a given area, usually expressed in inches per hour.

Automobile service station means a building and such accessory structures and uses as are necessary to supply fuel to motor vehicles and/or to provide maintenance or repair services for motor vehicles.

Balconette means an uncovered, cantilevered platform, bounded by a railing, projecting no greater than one (1) foot from the facade of the exterior wall from which it projects, the width of which may not exceed five (5) feet.

Bed and breakfast means any building containing five (5) or fewer guest rooms used, designed to be used, let or hired out for occupancy by persons on a temporary basis.

Berm means an earthen mound designed to provide visual interest on a site, screen undesirable views, reduce noise or provide buffering from adjoining properties

Boarding and rooming house means a building or portion thereof which is used to accommodate, for compensation, one (1) or more boarders or roomers, but not including members of a family, as defined herein, who might be occupying such building. Compensation includes compensation in money, services or other things of value.

Building means any permanent structure used or intended for supporting or sheltering any use or occupancy.

Building, accessory means a detached subordinate building, the use of which is customary, incidental and commonly associated with that of the main building or to the main use of the land and which is located on the same lot with the main building or use. Accessory buildings include, but are not limited to, detached garages, gazebos and storage sheds.

Building height means, for all principal structures and structures located wholly or partially within the front or rear yards, building height means the vertical distance measured from the level of the curb adjacent to the center point of the front lot line to the highest point of the roof surface; provided, however, that, if the grade of the lot exceeds a three-percent (3%) change in elevation between the front and rear lot lines, then the building height means the vertical distance measured from an average of the existing grade between the front and rear lot lines to the highest point of the roof surface. For accessory structures located entirely within the rear yard, building height means the vertical distance measured from the center point of the rear property line to the highest point of the roof surface.

Building, nonconforming means a building, structure or portion thereof lawfully constructed prior to the effective date of the ordinance codified in this Chapter, or any amendment thereto, but which building, structure or portion thereof does not conform with the current regulations of this Chapter.

Building, principal means a building in which is conducted the main or principal use of the lot on which said building is situated.

Bulk plane means an imaginary line (plane) above which a structure may not extend. The bulk plane extends vertically from each property line and then inward to the center of the property at a forty-five-degree angle. See also Section 16-3-130 of this Chapter.

Certified/licensed landscape contractor. Colorado State law governs the sizes and types of projects that unlicensed individuals can design independent of City requirements. For those projects that are exempt from State licensure, one of the following certifications are required: Associated Landscape Contractors of Colorado Landscape Industry Certified Technician, Qualified Water Efficient Landscaper (QWEL) program, or another program labeled by U.S. Environmental Protection Agency's WaterSense program.

Check valve or anti-drain valve means a valve located under, or incorporated within, a sprinkler head or other location within the irrigation system, to hold water in the system so it minimizes drainage from the lower elevation sprinkler heads when the system is off.

City Manager means the chief administrative officer of the City, as further defined by Article IX of the City Home Rule Charter, or their designee.

Cool-season turf means any cool-season turf species, variety or blend, including, but not limited to, Kentucky bluegrass and fescue.

Curbside landscape means the landscaped area between a sidewalk and curb.

Custom food and beverage production and sales facility means and is limited to (1) breweries, wineries, cideries and distilleries in which not less than eighty percent (80%) of the beverages produced is sold on the site of the facility or delivered to a point of sale within the City of Edgewater; (2) bakeries and ice creameries in which not less than twenty percent (20%) of the baked goods or ice cream produced is sold on site of the facility or delivered to a point of sale within the City of Edgewater; and (3) a greenhouse or other plant-growing facility that does not exceed four thousand (4,000) square feet in total growing area and in which not less than fifty percent (50%) of all products produced at the facility (in terms of value of the products) is sold on the site of the facility or delivered to a point of sale within the City of Edgewater. Outdoor manufacturing activities are prohibited, excepting the outdoor cultivation of plants. This use expressly excludes the manufacturing of marijuana and goods containing marijuana, which activity is subject to and governed by Articles 30 and 32 of this Chapter.

Custom industry means the manufacturing of goods or products, for associated on-site retail sale and wholesale, through the use of domestic or commercial-grade machinery, tools, equipment and appliances, and that occupies no more than sixty percent (60%) of the total floor area of the premises. Outdoor manufacturing activities are prohibited, excepting the outdoor cultivation of plants, which renders the use subject to conditional use review notwithstanding any other provision of this Chapter to the contrary. This use expressly excludes the manufacturing of marijuana and goods containing marijuana, which activity is subject to and governed by Articles 30 and 32 of this Chapter.

Daycare means a facility, by whatever name known, which is maintained for the whole or part of a day for the care of three (3) or more children under the age of sixteen (16) years and not related to the owner, operator or manager thereof, whether such facility is operated with or without compensation, and with or without stated educational purposes.

Deciduous tree means a plant or tree with foliage that is shed annually.

Deferred deposit lender establishment, also known as a cash advance orpayday loan business, means a business or establishment that is subject to the Colorado Deferred Deposit Loan Act, Sections 5-3.1-101 to 5-3.1-123, C.R.S.

Distribution uniformity means the measure of the uniformity of irrigation water over a defined area.

Dwelling means any building or portion thereof which is used as the private residence or sleeping place of one (1) or more human beings, but not including hotels, motels, tourist courts, resort cabins, clubs, hospitals or similar uses.

Dwelling unit means any building or portion thereof which is occupied by residential use, with complete independent living facilities, including sleeping, eating, cooking, and sanitation.

Dwelling unit means one (1) or more rooms in a dwelling designed for or occupied by one (1) family living and cooking on the premises.

Easement means the right to use lands owned by other parties for the purposes of maintenance, access, drainage, or other use, as specified in an agreement between parties.

Emission device means a component of the system that disperses water to the landscape and includes sprinklers, bubblers, emitters, microsprays, etc.

Evergreen tree means s tree with foliage that persists and remains green year-round.

Flow rate means the rate at which water flows through pipes and valves (gallons per minute or cubic feet per second).

Grade (ground level) means the average of the finished ground level at the center of any two (2) opposite outer walls of a building.

Groundcover means living plant material that grows low to the ground, usually under twelve-inches in height, often of a spreading nature.

Hardscapes means a landscape feature that is made of any durable material (pervious and non-pervious).

Hospital means any building or portion thereof used for the accommodation and medical care of sick, injured or infirm persons and including mental health facilities, but not including clinics, assisted living facilities and nursing homes.

Hotel and motel mean any building or portion thereof containing six (6) or more guest rooms used, designed to be used, let or hired out for occupancy by persons on a temporary basis.

Hydrozone means a portion of the landscaped area having plants with similar water needs that are served by a valve or set of valves with the same schedule. A hydrozone may be irrigated or non-irrigated. For example, a naturalized area planted with native vegetation that will not need supplemental irrigation once established is a non-irrigated hydrozone.

Irrigation design plan means the documents including the scaled drawing plan and any required forms showing calculations that are reviewed, approved and for which a permit could be issued.

Kennel means any lot or premises on which four (4) or more animals at least four (4) months of age are harbored.

Landscaped area means the entire parcel less the building footprint, driveways, non-irrigated portions of parking lots, hardscapes—such as decks and patios, and other non-porous areas. Water features are included in the calculation of the landscaped area. Areas dedicated to edible plants, such as orchards or vegetable gardens are not included.

Landscape buffer means a horizontal distance between adjacent uses or properties occupied by landscaping elements (excluding pools and spas), berms, swales, underground utilities, retention areas, screening, sight obscuring fences, walls, landscaped screening, or other features that individually or in combination reduce impacts on adjacent land areas or uses.

Landscape water meter means an inline device installed at the irrigation supply point that measures the volume of water into the irrigation system by using a flow totalizing device to record water use.

Lateral line means the water delivery pipeline that supplies water to the emitters or sprinklers from the valve.

Lot means a parcel of land or portion of land separated from other parcels or portions by legal description and abutting one (1) or more public streets or roads.

Lot area means the total number of horizontal square feet contained within the boundaries of the lot lines of a lot.

Lot, corner means a lot, of which at least two (2) adjacent sides abut a public right-of-way other than an alley along their entire length, and on which another side abuts either another property or another public right-of-way and is considered the rear lot line.

Lot coverage is determined by dividing that area of a lot which is occupied or covered by the total horizontal projected surface of all buildings, including covered porches and accessory buildings, all covered decks, patios, parking areas and drives, or covered portions thereof, by the gross area of that lot.

Lot, flag means a lot having access to a street by means of a portion of the lot that has a depth greater than its frontage and a width less than the minimum required lot width.

Lot, interior means a lot, other than a corner lot, abutting only one (1) street and generally having two (2) sides abutting adjacent properties, and a rear lot line.

Lot line means an imaginary line separating a parcel or portion of land from another by legal description.

Lot line, front means the property line dividing a lot from a street. On a corner lot, only one (1) street line shall be considered as a front line and the shorter street frontage shall be considered the front line.

Lot line, rear means the line opposite the front lot line.

Lot line, side means any lines other than front lot lines or rear lot lines.

Lot, reversed corner means a corner lot having its side street line substantially a continuation of the front lot line of the first lot to its rear.

Lot, through means an interior lot abutting a street on both the front and rear lot lines and a corner lot abutting a street on the front, one (1) side and rear lot lines.

Lot width means the distance parallel to the front lot line measured between side lot lines through that part of the building or structure where the lot is narrowest.

Low flow irrigation means the application of irrigation water at low pressure through a system of tubing or lateral lines and emitters such as point source emitters, dripper lines, microsprays and bubblers. Low flow irrigation systems apply small volumes of water slowly at or near the root zone of plants.

Main line means the pressurized pipeline that delivers water from the water source to the valve or outlet.

Manufactured housing structure, manufactured home or manufactured housing unit means single-family detached housing that is partially or entirely manufactured in a factory and is installed on an engineered permanent foundation, and shall, for the purposes of this Article, incorporate structures known as manufactured homes without further restrictions, as contained in Section 31-23-301(5), C.R.S.

Master shut-off valve means an automatic valve installed at the irrigation supply point which controls water flow into the irrigation system. When this valve is closed water will not be supplied to the irrigation system.

Median means the landscaped area between opposing directions street traffic lanes.

Microclimate means the climate of a small, specific area that may contrast with the climate of the overall landscape area due to factors such as wind, sun exposure, plant density, or proximity to reflective surfaces.

Mobile home means manufactured housing built on a chassis which is designed to be installed on a temporary foundation, attached to the ground with tie-down straps and attached to natural or propane gas distribution piping, electrical distribution wiring and plumbing waste sewer lines on a mobile home pad specifically designed with such attachment points. A mobile home shall be construed to remain a mobile home, subject to all regulations applying thereto, whether or not wheels, axels, hitches or other appurtenances of mobility are removed and regardless of the nature of the foundation provided.

Mulch means any organic material such as leaves, bark, straw, compost or inorganic mineral materials such as rocks, gravel, or decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion.

Native area means An area of plant materials that are indigenous to Edgewater. Such area may or may not include permanent irrigation, depending on the use.

Naturalized landscape means A non-native plant that does not need human help to reproduce and maintain itself over time in an area where it was not native.

Nonconforming use means a use of land or a building which use was lawful prior to the effective date of the ordinance codified in this Chapter, or any amendment thereto, but which does not conform with the current regulations of this Chapter.

Occupied includes arranged, designed, built, altered, converted, rented, leased or intended to be occupied.

Operating pressure means the pressure at which the parts of an irrigation system are designed by the manufacturer to operate.

Overspray means the water that is delivered beyond the target area.

Permeable means any surface or material that allows the passage of water through the material and into the underlying soil.

Person includes individuals, associations, firms, copartnerships and corporations.

Public right-of-way means the area of real property in which the city has a dedicated or acquired right-of-way interest in the real property.

Rain sensor or rain sensing shutoff device means a component which automatically suspends an irrigation event when it rains.

Remote control valve means a device used to control the flow of water in the irrigation system.

Residential use means the occupation of a dwelling unit for the purpose of long-term habitation by means of ownership or rental.

Runoff means water which is not absorbed by the soil or landscape to which it is applied and flows from the area. For example, runoff may result from water that is applied at too great a rate (application rate exceeds infiltration rate), run times are set too long or a valve is stuck open, when there is a severe slope, etc.

Screening means a vertical barrier, including opaque fences/walls, sight obscuring fences, or landscaped screening, situated between adjacent uses or properties, or maintenance, trash, storage or loading areas, constructed or planted to reduce impacts on adjacent land areas or uses.

Setback means the distance extending across the full width of the lot between the property line and the nearest line or point of a building.

Sexually oriented business shall have the meaning provided in Section 6-9-20 of this Code.

Sign, animated means any sign which is designed to give a message through a sequence of progressive changes of parts or lights or degree of lighting or that changes physical position by any movement or rotation.

Sign, ground means any sign supported by or directly attached to the ground. Pole or pedestal type signs are ground signs.

Sign, projecting means any sign attached to a building or structure wall and extending horizontally outward from such wall more than twelve (12) inches.

Sign, roof means any sign erected upon the roof of any building.

Sign, wall means any sign painted or otherwise depicted directly upon a wall or affixed to a wall and not projecting more than twelve (12) inches from such wall. Any sign visible through a window or affixed to a window is a wall sign.

Slope means a vertical rise measured over a horizontal distance, expressed as a percentage, measured generally at right angles to contour lines.

Smart irrigation controller means an automatic timing device with nonvolatile memory used to remotely control valves that operate an irrigation system. Smart irrigation controllers are able to self-adjust and schedule irrigation events using either evapotranspiration (weather-based), soil moisture data or flow data or a combination of methods.

Soil amendment means organic material added to the soil to improve texture, moisture holding capacity, nutrient capacity, water and air infiltration.

Soil moisture sensor means a device that measures the amount of water in the soil. The device may also suspend or initiate an irrigation event. Sprinkler head means a device that sprays water through a nozzle.

Static water pressure means the pipeline or municipal water supply pressure when water is not flowing.

Street means any public or private thoroughfare which affords the principal means of access to abutting property, and including such terms as public right-of-way, highway, road and avenue.

Streetscape means pedestrian and landscape improvements parallel to the roadway, which include at minimum the required width sidewalk, and the minimum required planting strip for trees, shrubs, and irrigation. The streetscape is typically located within the ROW but may be located on adjacent private property as appropriate.

Structure means any thing constructed or erected which requires location on the ground or attached to something having a location on the ground, but not including fences or walls used as fences six (6) feet or less in height, poles, lines, cables or other transmission or distribution facilities of public utilities.

Turf or turfgrass means a surface layer of earth containing mowed grass with its roots. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, fescue, and Tall fescue are cool-season grasses. Bermudagrass, Blue Grama, and Buffalo grass are warm-season grasses.

Use means the purpose for which land or building is designed, arranged or intended, or for which either is or may be occupied or maintained.

Valve means a device used to control the flow of water in the irrigation system.

Water feature means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, streams, spas, and swimming pools where water is artificially supplied. This includes water features supplied by raw water.

Water waste means the application of water to impervious surfaces, over irrigation resulting in runoff or pooling, and non-beneficial use of water.

Water-wise plants means shrubs, perennials and warm-season grasses with an annual irrigation water requirement of less than fifteen (15) inches (9.345 gallons) per square foot.

Workshops and custom small industry means the small-scale manufacturing of goods or products, for associated on-site retail sale and wholesale, through the use of hands, hand-tools, non-mechanized equipment and devices or domestic-grade machinery and appliances, and that occupies no more than forty percent (40%) of the total floor area of the premises. Outdoor manufacturing activities are prohibited, excepting the outdoor cultivation of plants, which renders the use subject to conditional use review notwithstanding any other provision of this Chapter to the contrary. This use expressly excludes the manufacturing of marijuana and goods containing marijuana, which activity is subject to and governed by Articles 30 and 32 of this Chapter.

Yard means that portion of the area on a lot extending open and unobstructed, except for items allowed under Section 16-22-40 of this Chapter, from the ground upward from a lot line for a depth or width specified by the provisions for the district in which the lot is located.

Yard, front means a yard extending across the full width of the lot between the front lot line and the nearest line or point of the principal building or structure.

Yard, rear means a yard extending across the full width of the lot between the rear lot line and the nearest line or point of the principal building or structure.

Yard, side means a yard extending from the front yard to the rear yard between the side lot line and the nearest line or point of the building or accessory building attached thereto.

Zone means, typically, an area served by a single control valve, sometimes referred to as a "station." Zones are comprised of plant materials and soil types with similar water requirements.

Zoning Administrator means the individual appointed to such position by the City Manager or the individual or entity designated to fulfill the duties of such position pursuant to a written services agreement approved by the City Council.

(Prior code 23-5; Ord. 10-06 §2, 2006; Ord. 10-07 §4, 2007; Ord. 12-08 §1, 2008; Ord. 05-10 §1, 2010; Ord. 07-13 §1, 2013; Ord. 09-14 §2, 2014; Ord. 2016-04 §1, 2016; Ord. 2017-05 §§1, 2, 2017; Ord. 2018-07 §1, 2018; Ord. 2019-05 §1, 2019; Ord. 2019-07 §1, 2019; Ord. No. 2023-12, §2, 11-14-2023; Ord. 2025-02 §§1, 6, 2025; Ord. 2025-16 §1, 2025)

(a)

Penalty for violations. It is unlawful to erect, construct, reconstruct, alter, maintain or use any building or structure or to use any land in violation of any provision of this Chapter.

(b)

Legal action. In case any building or structure is or is proposed to be erected, constructed, altered, maintained or used, or any land that is proposed to be used, in violation of any provision of this Chapter, the City Council or the City Attorney, in addition to other remedies provided by law, may institute injunction, mandamus, abatement or any other appropriate action or proceeding to prevent, enjoin, abate or remove such unlawful erection, construction, reconstruction, alteration, maintenance or use.

(Prior code 23-6; Ord. 09-14 §3, 2014)