A.

Zone Districts and Intent. To carry out the purposes of this code, The following districts are established to carry out the purposes of this code, and have the intent and applicability given to each district expressed through the urban design character, development patterns, and the types or intensity of uses and buildings.

B.

Official Zoning Map. The designations and boundaries of the districts are shown on the Official Zoning Map(s) adopted by Ordinance No. 5, Series of 2003/2004, and on file with the City Clerk. The official map, all amendments, and notations and reference on the map are incorporated as part of this Code, except that the City may create representative copies for convenience, clarification, and reference. Electronic copies and files of this map shall reference the "Official Copy" on file with the City Clerk, but any copy should be verified with the Community Development Department before materially relying on any electronic or other representative copy of the map.

A.

Use Table. To implement the intent of each zoning district, facilitate complementary transitions between districts, and to regulate a variety of compatible uses within zone districts each district is permitted the uses indicated in Table 4-2. The table identifies uses as:

1.

Permitted uses (P) subject to general district and building standards and review procedures.

2.

Conditional uses (C) subject to the review process and criteria for a Conditional Use Permit in EMC § 16-2-9.

3.

All uses listed in the table (whether P or C), or more specific types of uses generally enabled in the table, may be subject to specific standards or limits in EMC § 16-4-3, Specific Use Standards

4.

Other accessory or temporary uses not listed in the table may be permitted according to EMC § 16-4-4, Accessory Uses standards.

5.

Uses in the table are more specifically described in EMC § 16-13-1, Description of Uses. Where a proposed use is not generally listed or appears to meet the description of more than one use type, the Director shall interpret the most equivalent described use considering:

a.

The similarity of the use in terms of scale, impact, and operations to other described uses;

b.

The typical building format and site design associated with the use based on existing relevant examples; and

c.

The potential contribution of the use to the intent of the zone district, and the ability to complement and be compatible with other permitted uses, based on typical formats and site designs.

Any uses that may not be interpreted as equivalent to a use in Table 4-2 is not anticipated by these regulations and may only be allowed by an amendment to the development code.

(Ord. 57-2024, § 1(Att. 01))

The following uses may have impacts different than those generally enabled in the zoning districts, and have standards specific to the use. These standards shall be met whether the use is a generally permitted use, limited use, or conditional use according to Table 4-2. The uses in this Section may include more specific types or formats of the uses generally enabled in Table 4-2.

A.

Residential Uses.

1.

Live-Work Dwelling. In districts where Live/Work Dwellings are enabled, they shall meet the following standards and conditions to be compatible with the context.

a.

Commercial uses shall be limited to those uses that are otherwise enabled in the district.

b.

Any commercial activity shall occur on the ground floor and be directly accessible from the adjacent public street, sidewalk, or other public space or publicly accessible common area.

c.

Commercial activity, and any accessory assembly, production or fabrication shall be scaled and operated in a way that is compatible with other residential uses in the area.

d.

The commercial occupancy shall not be considered accessory to the residential dwelling, and therefore not subject to the accessory home occupation standards. However, the resident and the principal occupant of the commercial area shall be the same and the commercial occupancy shall be limited to no more than 50% of the building. Any greater percentage shall be treated as a mixed-use or multi-unit building.

2.

Manufactured and Small Format Home Community. In districts where Manufactured and Small Format Home Communities are enabled, they shall be subject to the following specific standards.

a.

Community Plan. All applications shall be supported by a community plan and reviewed according to the procedures and criteria of Planned Unit Developments in EMC § 16-2-5.

b.

Development Standards. Except as otherwise modified through a development plan according to the approval procedures and criteria in EMC § 16-2-5, the general development standards for manufactured and other small format home projects are included in Table 4-3.

c.

Common Areas. All common areas not dedicated as home sites according to the development standards, shall be designed as part of the public realm for the plan. This space shall be allocated to:

(1)

Internal vehicle circulation for the community, laid out to provide connectivity and continuity through the community and organize the project into blocks and lots so that all home sites and lots are served by streets. There shall be at least:

(a)

One external connection for projects under 25 dwelling units;

(b)

Two external connections for projects between 25 and 100 dwelling units; or

(c)

One connection for every 50 dwelling units for projects over 100 dwelling units.

(2)

Internal roadways shall generally mimic the public streetscape standards in EMC § 16-3-1.C and be:

(a)

18 feet where no parking is permitted;

(b)

24 feet wide where parking is permitted on one side; and

(c)

28 feet wide where parking is permitted on both sides.

(3)

Pedestrian connections shall be accounted for on all streets or at greater intervals through an off-street trail or path system, including landscape areas that mimic the public streetscape and open space standards in Chapter 3 of this Title. Walkways shall be:

(a)

5 feet wide generally; and

(b)

6 to 8 feet wide when directly accessing any common areas or amenities.

(4)

Useable open space shall meet one design type specified in EMC § 16-3-5 and designed and located in a manner that ensures adequate accessibility for all units in the community.

(5)

At least one of these spaces shall include a clubhouse, which is centrally located, for recreation and meeting functions, laundry facilities, or other common amenities. The clubhouse shall be at 2,500 square feet, or ten square feet per dwelling unit, whichever is greater.

(6)

A storm shelter shall be provided which may be included with the clubhouse.

(7)

A common storage and utility area shall be provided within the plan including at least 100 cubic feet per unit, which may be private or common storage. This area may be used for storage of large equipment, recreational vehicles, maintenance, or other utility functions for the community. This area shall be screened from the project and from surrounding property according to the buffer standards in Chapter 8 of this Title.

d.

Building and Home Site Design.

(1)

All dwellings shall have a front entry feature, such as a porch, stoop, or outside patio relating the home site to the lot frontage or other common open space upon which the dwelling is located.

(2)

Parking spaces on a home site shall be located to the side or rear of the dwelling. Home sites may include a carport, provided it remains open and unenclosed on at least 75% of the perimeter, is no taller than the dwelling unit, is no larger than 360 square feet, but in no case larger than the dwelling unit.

(3)

All structures are subject to the building code and require a Certificate of Occupancy prior to any occupancy.

(4)

Any mobile home dwellings or similarly movable building types shall:

(a)

Be secured to the ground by tie downs and ground anchors, and otherwise protected against wind forces in accordance with the applicable building code and EMC § 9-5-1, et al.

(b)

Be skirted within 14 days after placement in the community by enclosing any open area under the unit with a material that is consistent with the exterior finish of the building and compatible with the design of the community.

e.

Landscape and Parking Design. The standards of Chapters 7 and 8 of this Title are generally applicable to small-format and manufactured housing plans, except as modified through a development plan approval procedures and criteria in this code.

f.

Utilities and Services. All homesites and any occupiable common structures shall have utility services meeting the City's construction and safety codes, and any public utility commission requirements, including water, sanitary sewer, and electricity.

(1)

All transmission lines shall be underground.

(2)

The project may have a single connection to public systems, similar to other multi-unit building types and projects, except as provided in subsection 2.h for small format housing subdivisions.

(3)

Private connection points at all home sites shall be designed to be protected and decommission when not connected to a structure.

(4)

The storage, collection and disposal of refuse shall be managed to avoid health hazards, property maintenance issues, or other conditions which endanger the health, safety or welfare. Service pickups shall be provided similar to other multi-unit building types and projects.

g.

Fire Protection Requirements. All projects shall meet the City fire code, including the following specific provisions:

(1)

All home sites and occupiable structures shall be within 500 feet of a fire hydrant.

(2)

Supplementary fire extinguishing equipment shall be provided.

(3)

Fire lanes shall be incorporated into the overall access and circulation plan.

h.

Small Format Housing Subdivisions. Each home site may be individually platted if:

(1)

All lots have public utility access as provided in EMC § 16-3-6, including public easements for access to each home site and all other standards and criteria of the subdivision standards are met;

(2)

All dwellings are on a permanent foundation; and

(3)

There are covenants and restrictions and associations assuring that these provisions for the Development Standards, Common Areas, Building Design and Utilities and Services, as demonstrated on an approved plan, will be maintained through a management entity or common association.

3.

Group Home—Small. In districts where group homes are enabled, they shall meet the following standards and conditions to ensure they are integrated into neighborhoods, have a non-institutional nature, and maintain the residential character of neighborhoods.

a.

Group homes shall meet all of the residential design standards applicable in the particular district, and any alterations to support the group living shall be done in a discrete way in accordance with those standards.

b.

In the R-1 districts, no group home shall be located less than 650 from another existing group home, except that the Director may waive this requirement if separated streets, parks, civic spaces or other transitions that establish different neighborhoods.

c.

Group homes shall be supervised at all times, and may include up to two resident caregivers.

d.

Group homes shall be licensed by, operated by, or owned by a governmental agency or non-profit qualified to provide care and supervision.

e.

Group homes shall not include alcoholism or drug treatment centers, work release facilities or other housing facilities qualifying as residential care—institutional.

4.

Residential Care—Limited and General. In districts where Residential Care—Limited or General are enabled, they shall meet the following standards and conditions to be compatible with the context.

a.

In the MU-R-3 districts, the use shall be located on a corner, collector street or higher, or otherwise located as a transition between the neighborhoods and other non-residential or mixed-use areas.

b.

In the MU-R-3 and M- districts, the building and site shall meet all residential design standards so that the use, building and site is compatible with the neighborhood in terms of scale and intensity of activity.

c.

Any facilities necessary to serve the residents, guests or support staff, that are non-residential in nature shall be located on the most discrete portions of the site and building, and otherwise designed and screened to mitigate impacts on adjacent property according to EMC § 16-8-4.

B.

Commercial Uses.

1.

Adult Uses. In districts where adult uses are enabled, it shall comply with the following:

a.

Adult entertainment or service facilities shall be separated at least 1,000 feet from any other adult entertainment or service facility, whether inside or outside of the Englewood City limits.

b.

Any adult use shall be at least 500 feet from the boundary of

(1)

Any R-1, R-2, MU-R-3, or TSA district;

(2)

A manufactured home park or similar residential zone district in an area adjoining the City of Englewood; or

(3)

Any religious institution, public park, public library, community center, or educational institution, whether within or without the City of Englewood.

c.

Separation distance shall be measured by a straight line from the nearest point of the property line of the proposed adult use, to the nearest point of the boundary or property of the applicable use.

2.

Automotive Gas and Service Station. In districts where automobile gas and service stations are enabled, it shall comply with the following:

a.

Major automotive repair, painting, body, and fender work is prohibited.

b.

No displays, storage of merchandise, service areas, or other equipment and facilities shall be located closer than 20 feet from the street right-of-way line, and all trash and refuse shall be stored in a building or within an area enclosed by a wall or a solid fence, at least 6 feet high.

c.

Vehicle circulation shall avoid potential pedestrian/vehicle conflicts on the site and along the streetscape.

(1)

Adequate stacking spaces for automobiles shall be provided on site and outside of setbacks to eliminate any impact on public streets.

(2)

Circulation, stacking and other access issues shall be designed in a manner that has the least impact on pedestrians entering the principal building from public streets and from internal pedestrian or parking areas.

(3)

No access or queuing area shall be provided between the building and the street on any pedestrian-oriented streetscape. (mixed-use or pedestrian street types in EMC § 16-3-4 or A frontages in EMC § 16-6-4). Use of alleys, internal access and the rear of buildings for service areas is required to preserve the streetscape design and development patterns of these areas.

d.

All lighting shall be designed and located to confine direct rays to the premises.

e.

Outside activities may include the sale of motor fuels. All other activities, particularly auto repair, are prohibited outside of the main building.

f.

The site shall comply with all landscape and screening standards in Chapter 8 of this Title and the following specific requirements:

(1)

A 6 feet masonry wall or fence shall be installed along property lines where the use abuts residential districts or uses

(2)

A Type 1 buffer shall be applied along all non-building street edges.

(3)

All walls and screening shall otherwise meet sight distance requirements

g.

The Director may require any automotive gas and service station use that does not clearly meet these standards and criteria to be reviewed subject to the procedures for conditional use permits in EMC § 16-2-9.

3.

Automobile Mechanic, Repair—Limited. In districts where automobile mechanic, repair—limited is enabled, it shall comply with the following:

a.

All vehicles associated with the use shall be stored on-site. Motor vehicles being serviced or returned to their owners shall not be parked on streets, alleys, public sidewalks, or parking strips.

b.

All work shall be performed within an enclosed structure.

c.

No materials or parts are deposited or stored on the premises outside of an enclosed structure.

d.

Any area subject to wheeled traffic or storage shall be screened from adjacent or adjoining residential districts by a solid wall or fence, or other buffer that completely screens this area according to the standards in Chapter 8 of this Title.

4.

Automobile Body Shop. All vehicles associated with the use shall be stored on site. Motor vehicles being serviced or returned to their owners shall not be parked on streets, alleys, public sidewalks, or parking strips.

5.

Automobile, RV, or Equipment Sales/Rental. In districts where automobile, RV, or equipment sales and rental are enabled, it shall comply with the following:

a.

All vehicle displays, storage, and circulation areas shall be paved according to City standards, and subject to all landscape, screening, drainage, and site design standards of Chapter 8 of this Title.

b.

All parked or displayed vehicles shall be setback at least six feet from any right-of-way line. Any parking or display area permitted along a public street shall require a Type 1 buffer according to EMC § 16-8-4.

c.

Areas for storage and display of inventory do not need to be marked and are not subject to the parking dimension standards in EMC § 16-7-5.C.

d.

No other displays, storage of merchandise, service areas, or other equipment and facilities shall be located closer than 20 feet from the street right-of-way line,

e.

All lighting shall be designed and located to confine direct rays to the premises, and not unreasonably disturb occupants of adjacent residential properties nor interfere with traffic. Lighting facilities shall not exceed 25 feet high.

f.

The site shall comply with all landscape and screening standards in Chapter 8 of this Title and the following specific requirements:

(1)

A six-foot masonry wall or fence shall be installed along property lines where the use abuts residential zone districts.

(2)

A Type 1 buffer shall be applied along all non-building street edges

(3)

All walls and screening shall otherwise meet sight distance requirements.

g.

There shall be a minimum of 75 feet of frontage on a major collector or arterial roadway. Frontage is based on the most significant adjacent roadway. Frontage on more than one major collector or arterial shall not be combined to meet minimum frontage requirement.

6.

Car Wash and Auto Detailing. In districts where car wash and auto detailing is enabled, whether a principal use or accessory to another automobile service use, it shall comply with the following:

a.

A minimum of two parking spaces, or stacking areas, shall be provided on the site for each washing stall.

b.

The site shall be paved to the specifications of the City.

c.

All wastewater shall be discharged into the sanitary sewer line after having been run through a sand trap.

d.

All lighting shall be designed and located to confine direct rays to the premises.

e.

The site shall comply with all landscape and screening standards in Chapter 8 of this Title and the following specific requirements:

(1)

A 6 feet masonry wall or fence shall be installed along property lines where the use abuts residential zone districts.

(2)

A Type 1 buffer shall be applied along all non-building street edges.

(3)

All walls and screening shall otherwise meet sight distance requirements.

7.

Pawnbroker/Automobile Pawnbroker. In districts where pawnbroker or automobile pawnbroker are enabled, it shall comply with the following:

a.

No pawnbroker or automobile pawnbroker use shall be located within 5,000 feet from the location of another pawnbroker or automobile pawnbroker.

b.

Pawnbrokers may operate only between 8 a.m. and 10 p.m. Monday through Saturday.

c.

If a pawnbroker sells and displays weapons, all use-specific standards shall comply with all applicable requirements of the EMC in addition to the following:

(1)

It shall be unlawful for any pawnbroker or secondhand dealer, or any other person engaged in the wholesale or retail sale, rental or exchange of any weapons to display them in a window facing upon any street.

(2)

Every pawnbroker, secondhand dealer, or other person engaged in the sale, rental or exchange of any weapons shall keep a record of each weapon purchased, sold, rented or exchanged at retail. The record shall be made at the time of the transaction, including the name of the person to whom or from whom such weapon is purchased, sold or rented, or with whom exchanged; their age, physical description, occupation, residence and if residing in a city, the street and number; the make, caliber and finish of the firearm, together with the number or serial letter; the date of the purchase, sale, rental or exchange of the weapon; and the name of the employee or other person making a purchase, sale, rental or exchange. The record shall be open upon request at all reasonable times to the inspection of any duly authorized police officer of the City.

(3)

It shall be unlawful for any person to purchase, sell, loan or furnish any gun, pistol or other firearm in which any explosive substance can be used, to any person under the influence of alcohol, or any narcotic drug, stimulant or depressant, or to any person in a condition of agitation or excitability or to any minor under the age of 18 years.

8.

Temporary Employment Business. In districts where temporary employment businesses are enabled, it shall comply with the following:

a.

No temporary employment business shall be located within 1,000 feet from the boundary line of:

(1)

Any residential zone district;

(2)

Any establishment selling alcohol by the package or drink; or

(3)

Any public assembly or gathering facility.

9.

Recreational and Medical Marijuana and Natural Medicine Uses.

a.

In districts where medical marijuana uses are enabled, it shall comply with the following:

(1)

All medical marijuana uses shall comply with State regulations and City of Englewood Licensing requirements.

(2)

Facilities in MU-B-1, MU-B-2, and M-2 zone districts: Cultivation and infused product manufacturing uses are allowed only as accessory uses to a principal medical marijuana center in the MU-B-1, MU-B-2, and M-2 districts, provided the square footage of the total operation does not exceed five thousand (5,000) square feet.

(3)

Medical marijuana optional premises cultivation operations shall not exceed 5,000 square feet.

(4)

Medical marijuana uses shall not be permitted as a home occupation.

b.

Recreational Marijuana.

(1)

Regulations regarding the recreational use of marijuana are specified in EMC § 7-6D-12.

(2)

Regulations regarding retail marijuana are specified in EMC § 5-3E-7.

(3)

Regulations regarding retail marijuana cultivation are specified in EMC § 5-3F-2.

c.

In districts where natural medicine uses are enabled, it shall comply with the following.

(1)

All natural medicine uses shall comply with State licensing regulations and requirements and City of Englewood licensing regulations and requirements.

(2)

Natural medicine uses shall not be permitted as a home occupation.

C.

Manufacturing and Industrial Uses.

1.

Industrial Service, Light; Contractors Office or Fleet Services; or Manufacturing, Light. In districts where light industrial service, contractors office, fleet services uses, or light manufacturing are enabled, it shall comply with the following:

a.

The use is contained completely in an enclosed building; no outdoor storage or activity is allowed.

b.

The use does not produce any adverse noise, glare, odor, or vibration impacts that are discernable to a reasonable person beyond the property lines of the use.

c.

The building housing the use shall be designed to be compatible in terms of scale, height, mass, and void-to-solid ratios with conventional commercial office design.

2.

Manufacturing—Limited/Artisan. In districts where limited/artisan manufacturing uses are enabled, it shall comply with the following:

a.

A retail or service use, such as a display room, sales area, or other sampling is permitted as an accessory use to the manufacturing, or the manufacturing may be accessory to an otherwise permitted sales or service use.

b.

The total area of the facility is less than 10,000 square feet.

c.

No byproducts such as smell, waste, smoke or noise results from the manufacturing that is distinctly different or of greater intensity than the principal use.

d.

Traffic, customer, and shipping patterns and activities from the manufacturing use are not distinctly different from the principal commercial use in terms of intensity and hours of activity.

3.

Breweries, Distilleries, Wineries, and Vintner's Restaurants. In districts where breweries, distilleries, and wineries are enabled, they shall comply with the following:

a.

In the M-2, MU-B-1, and MU-B-2 districts these uses shall be permitted only in conjunction with a restaurant, tavern, retails sales, or sales room located on the same premises as the manufacturing of the beverage.

b.

In the M-2, MU-B-1, and MU-B-2 districts these uses shall not exceed 10,000 square feet.

c.

An on-premise sales room may be part of the principal use as long as the floor area is less than 30% or 1,000 square feet, whichever is greater.

d.

The use may include the sale of food for consumption on premises subject to State Liquor Code requirements.

e.

Additional conditions of the site improvement plan or conditional use permit may be applied to ensure the use is designed and operated in a manner that does not create nuisance impacts on surrounding uses.

4.

Outdoor Storage. In districts where outdoor storage (principal use) uses are enabled, it shall comply with the following:

a.

The site shall not be surfaced with grass. The site shall comply with EMC § 11-3-5 regarding storm drainage.

b.

The site shall be maintained in good condition, free of weeds, dust, trash, and debris.

c.

The site shall be screened by a solid fence and a Type 3 buffer according to Chapter 8 of this Title for any storage area visible from the right-of-way or adjacent residential property.

d.

No materials or supplies shall be stored above the level of the screening fence.

5.

Automobile Wrecking/Salvage Yard. In districts where automobile wrecking/salvage yards uses are enabled, it shall comply with the following:

a.

The minimum lot size shall be 1.5 acres.

b.

The use shall comply with Chapter 10, Title 5, EMC.

c.

All outdoor storage areas shall be screened by a solid fence and a Type 3 buffer according to Chapter 8 of this Title for any storage area visible from the right-of-way or adjacent residential property.

d.

No shredding or crushing of vehicles shall be permitted.

6.

Hazardous Waste Handling. In districts where hazardous waste handling uses are enabled, it shall comply with the following:

a.

Hazardous waste operations shall conform to all applicable State and Federal requirements necessary for the operation of a hazardous waste facility.

b.

Hazardous waste operations shall conform to all applicable City regulations.

c.

Processing of hazardous waste shall be conducted entirely within an enclosed structure. Storage of hazardous waste shall be contained entirely within an enclosed structure or within an approved above ground storage tank.

d.

Hazardous waste operations shall be located a minimum of 500 feet from the boundary line of any residential zone district, residential use, or park.

7.

Recycling Operation. In districts where recycling operation uses are enabled, it shall comply with the following:

a.

Where permitted by right (Recycling Operation, Enclosed), the processing of all materials shall occur within an enclosed structure. The storage of materials may occur outside of the structure provided the storage is in a roll-off container, semi-trailer, or similarly self-contained apparatus.

b.

Where permitted as a conditional use (Recycling Operation, Unenclosed), the permit shall be reviewed according to the following additional criteria in addition to all other conditional use permit criteria:

(1)

The use shall be established on a lot or parcel(s) of at least 1 contiguous acre.

(2)

The manufacturing and storage of all processed and unprocessed materials shall be enclosed with a solid, opaque vertical wall or fence with a maximum height of 8 feet on the parcel's frontage and twelve feet on the parcel's side and rear boundaries. Fences of woven plastic, wire, or chain link shall be prohibited. Any outdoor storage area visible from the right of way or residential property shall be screened with a Type 3 buffer according to Chapter 8 of this Title.

(3)

The stockpiling of all processed and unprocessed materials shall not exceed the height of the screening wall or fence.

(4)

No more than 75% of the parcel's total area may be utilized for the storage of processed or unprocessed materials.

(Ord. 57-2024, § 1(Att. 01))

A.

Accessory Uses, Generally. All principal uses may include accessory uses. All accessory uses, and any accessory use not specifically mentioned in this Section, shall be subject to the following general standards:

1.

The use and any structure is clearly incidental and subordinate to an allowed use and customarily associated with the allowed use.

2.

The use is on the same lot as an active principal use.

3.

The use is operated and maintained under the same ownership, or by the same lessee, as the principal use.

4.

The use and any structures or other site design elements meet the generally applicable dimension, development, and design standards applicable to the lot.

5.

The use is compatible with the general character of the area and comparable in scale and intensity to other uses in the vicinity.

6.

No use or structure may be constructed, maintained, or conducted in a way that produces noise, vibration, noxious odor or material, any visible light, glare, or other visible impacts that are harmful, damaging, or disturbing to the adjacent property.

7.

Any structures or site design elements to support the use are not significantly different from what is typical for other allowed uses in the district, or where different can be screened or located to minimize impact on adjacent property.

8.

No unusual traffic patterns or increases in activity that impact the use and design of streets and public spaces differently than other allowed uses will result.

9.

All uses are conducted, and structures are maintained in a way that is consistent with the intent and objectives of all other design and development standards applicable to the property.

10.

No activity, whether accessory to or in addition to the principal use, shall be permitted under this Section where it does not meet all other use or site design standard of this code, or comply with other codes of the City.

11.

Prohibited accessory uses in all districts:

a.

Use of a travel trailer or recreational vehicle as a residence.

12.

Prohibited accessory uses in residential zoning districts:

a.

Outdoor storage of inoperable vehicles.

b.

Parking of commercial vehicles on public property or in public right-of-way.

B.

Accessory Dwelling Units. In addition to the standards applicable to all accessory uses in EMC § 16-4-4.A, the following additional standards apply to accessory dwellings:

1.

Accessory dwelling units may be permitted when associated with a detached house, multi-unit house, or attached houses, as indicated in Table 5-2, Residential Building and Lot Standards.

2.

Accessory dwelling units may be located in a detached accessory building, attached to an existing building, or located within the principal building (such as an attic or basement). The total floor area of the accessory dwelling unit shall be limited to no more than:

a.

800 square feet, if in a detached building or attached to the principal building.

b.

Equal to the building footprint if internal to the principal building.

3.

Detached houses in the R-2-B and MU-R-3 districts may have multiple accessory dwelling units as indicated in Table 5-2, provided:

a.

Only one unit may be in a detached building; and

b.

There shall be at least 2,000 square feet of lot area for each unit, including the principal dwelling unit.

4.

No additional parking space is required for an accessory dwelling unit. Where a parking space is provided, it shall be subject to all lot coverage and frontage design standards.

5.

All buildings, including any detached accessory structure, shall meet the development and design standards for the lot in Chapter 5.

6.

The accessory dwelling unit shall be compatible with the principal building, and whether within the principal building or in a detached structure in the following ways:

a.

The accessory dwelling unit shall be clearly subordinate to the principal dwelling through the location of access, building entrances, parking, and other design features that accommodate the accessory dwelling unit.

b.

Entrances and exterior stairs shall be located towards the interior of the lot or alley, and otherwise designed to minimize impacts on adjacent property.

c.

Attached accessory dwelling units shall be to the side or rear of the principal structure, or otherwise integrated into the principal dwelling structure.

7.

Prior to occupancy of the accessory dwelling unit all building and occupancy permits shall be approved, and inspections conducted demonstrating compliance with applicable building and fire safety codes.

a.

Any newly constructed element shall meet current codes.

b.

Existing buildings or parts of the principal dwelling unit not impacted by construction of the accessory dwelling unit may be required to correct any property maintenance code violations based on compliance with codes applicable to those portions of the structure.

8.

All impact fees applicable to new construction shall apply to the accessory dwellings.

9.

Accessory dwelling units shall connect to water and sewer lines of the principal dwelling, subject to the requirements of the Englewood Water and Sewer Board.

C.

Home Occupation. In addition to the standards applicable to all accessory uses in EMC § 16-4-4.A, the following additional standards apply to home occupations:

1.

Home occupations are permitted on any property where the principal use is residential dwellings. Remote work uses where the operation at the residence is ancillary to a business that is not located on the premises are permitted.

2.

The building and site shall retain all appearances as a residence, and no alterations to entrances, storage, window or merchandise displays, parking or other facilities that alter the residential character or clearly indicate non-residential uses shall be permitted.

3.

Employment shall be limited to residents of the principal dwelling plus two (2) additional non-residents.

4.

The activity shall be operated entirely within:

a.

The dwelling,

b.

Allowed accessory buildings, or

c.

Rear yards that are completely screened from adjacent property and public streets by permitted structures or a six-foot tall solid privacy fence.

Activities operated within the dwelling or allowed accessory buildings are limited to no more than fifty percent (50%) of the interior space, except permitted home care accessory uses may use the entire space.

5.

No traffic, services, or deliveries shall be generated by the home occupation that is abnormal to a residential neighborhood.

a.

Activity from deliveries, customer, or patron visits shall generally be limited to between the hours of seven o'clock (7:00) a.m. and nine o'clock (9:00) p.m.

b.

Except for permitted home care accessory uses, customer visits shall be limited to no more than twelve (12) per day and no more than two customers at a time.

(1)

Uses involving group classes may have up to four (4) customers at one time but no more than twelve (12) customers per day.

c.

For animal grooming uses, the total number of animals on site, including household pets, shall not exceed the numbers outlined in EMC § 7-1A-6.

d.

To the greatest extent practicable, all parking necessary for the use shall be confined to the garage, driveway, or street directly in front of the dwelling meeting the applicable Residential Building and Site Design standards in EMC § 16-5-4.

6.

Sale of any merchandise shall be limited to items that have been made, grown, or prepared on site, or to remote or mail-order sales where the exchange does not happen on site.

a.

Sales are permitted both indoors and outdoors. Outdoor sales may occur in the front yard; however, only temporary, portable furniture is permitted (i.e. tables, chairs, stands, umbrellas, etc.) and must be removed between nine o'clock (9:00) p.m. and seven o'clock (7:00) a.m. daily. Outdoor sales are only permitted on Fridays, Saturdays, and Sundays.

7.

No equipment, machinery or operation shall be used in such activities that is perceptible off the premises because of noise, smoke, odor, dust, glare, radiation, electrical interference, or vibration.

8.

Signs shall be limited to one non-illuminated sign, no more than two (2) square feet, and within at least ten (10) feet of the primary entrance, except no signs are permitted for home occupations in the R-1-A district.

9

Home occupations shall not be permitted for the following businesses:

a.

Animal hospital or kennel, animal daycare, and breeders, except licensed canine and feline breeders and groomers.

b.

Personal care uses, except barbers, hairdressers, cosmetologists, beauticians, and massage therapists.

c.

Automobile service and repair, or vehicle sales requiring a state dealer's license.

d.

Sale, storage, or assembly of guns or other weapons or ammunition, excluding knives.

e.

Food or beverage services for on-site consumption, cottage foods as described in Article 4 of Title 25 C.R.S are permitted.

f.

Any use involving storage, operation, or parking of equipment and large vehicles such as towing, landscape maintenance, or construction businesses.

(1)

Except for one (1) large vehicle used for off-site work that remains in compliance with the requirements listed in EMC § 11-6-2.

g.

Any use involving the dispensing, use, storage, or processing of hazardous materials

h.

Medical marijuana centers, medical marijuana-infused product manufacturers, or medical marijuana optional premises cultivation operation.

i.

Natural medicine healing center, natural medicine cultivation facility, natural medicine products manufacturer, or natural medicine testing facility.

j.

Manufacture of wine, distilled sprits, or malt beverages.

10.

Home occupations may seek relief from standards 1-8 subject to procedures for special exceptions for home occupations outlined in EMC § 16-2-15.

D.

Home Care. Home care is a specific type of home occupation, and treated distinct from other general home occupations or group homes. In addition to the standards applicable to all accessory uses in EMC § 16-4-4.A, the following additional standards apply to home care:

1.

A person may use their primary residence for the accessory business of caring for children or adults from outside of the residence, not related to the care provider, subject to this Section.

2.

The business shall be subject to all required state licenses and City business licenses.

3.

The care shall be on a less that 24-hour basis, and subject to the following additional limitations.

a.

Adult Care: Care for individuals 18 year or older, and limited to no more than four adults.

b.

Family Child Care Home: Care for up to six children, no more than three of which may be under two years of age, including the care provider's children

c.

Infant/Toddler Home: Care for up to four children between the age of birth and three years old, no more than two of which may be under 12 months, including the caregiver's own children and no more than one child related to the care giver between three years old and six years old; or if two caregivers are present, up to six children between birth and three years old, no more than three of which may be under 12 months, including the caregivers own children.

d.

Larger Child Care Home. Care for between seven and 12 children between two years old and 16 years old; provided that up to two children under two years of age are permitted if they are siblings of other children in care; and provided the caregiver's children under 12 and on the premises count towards the limit.

E.

Short Term Rentals. In addition to the standards applicable to all accessory uses in EMC § 16-4-4.A, the following additional standards apply to short term rentals:

1.

Short Term Rentals. A short term rental (STR) is a residential dwelling unit that provides nightly or weekly rental, with or without a breakfast, of all or some portion of such dwelling unit for less than 30 days, all in accordance with all applicable laws and regulations.

2.

Zoning Districts. On and after April 1, 2020, STRs are allowed in the following zone districts: R-1-A, R-1-B, R-1-C, R-2-A, R-2-B, M-1, M-2, M-O-2, MU-R-3-A, MU-R-3-B, MU-R-3-C, MU-B-1, and MU-B-2.

3.

Licensing and Permitting Required. It shall be unlawful for any person or entity to offer or provide lodging in the form of a short term rental within a residential property located within the City of Englewood in any area not zoned to allow for such use, and without having first obtained businesses licenses required by EMC § 5-31-2.

4.

Enforcement. Enforcement of the provisions of this Section shall be in conformance with Chapter 1 of this Title.

F.

Outdoor Storage, Residential. Accessory outdoor storage may be permitted in the residential zone districts subject to Title 15 of the Englewood Municipal Code and the following standards:

1.

Portable Storage Containers. Portable storage containers may be permitted subject to the following limitations:

a.

No more than one per lot, limited to a maximum of 200 square feet and 1,000 cubic feet.

b.

Containers shall be placed on a paved surface and not over any easement or right-of-way, or otherwise create any sight obstruction.

c.

Placement is limited to a period reasonably necessary to complete the associated project or task, not to exceed 30 days.

2.

Recreational Vehicles. Outdoor storage or parking of recreational vehicles shall be subject to the standards of EMC § 11-6-2.

3.

Other Storage. All other accessory outdoor storage, other than ordinary and incidental residential accessories, shall either be:

a.

Completely screened from adjacent property and public streets by permitted structures or a solid privacy fence; or

b.

Be limited to no more than 72 hours in any 30-day period; or

c.

Be associated with an active building permit and in which case the storage may extend for the duration of the permit and subject to all other permit conditions.

G.

Drive-Through Service Facilities. In addition to the standards applicable to all accessory uses in EMC § 16-4-4.A, the following additional standards apply to drive-through service facilities:

1.

Drive-through service facilities may be permitted on any property where the principal use is commercial or service uses, but limited to the MU-B-2, I-1, and I-2 districts.

2.

The service area shall not substantially expand the traffic or vehicle circulation otherwise necessary for the site. In general, the service area shall use the same entrance and exit from the site as the principal use, unless a more remote or discrete service off an alley or secondary street better meets the criteria in this Section.

3.

Vehicle circulation shall avoid potential pedestrian/vehicle conflicts on the site and along the streetscape.

a.

Adequate stacking spaces for automobiles shall be provided on site and outside of setbacks to eliminate any impact on public streets.

b.

Stacking areas shall generally accommodate at least three vehicles for non-food service uses and eight vehicles for food-service uses, but may be modified for greater or lesser stacking dependent on the use or the context of the site.

c.

Circulation, stacking and other access issues shall be designed in a manner that has the least impact on pedestrians entering the principal building from public streets and from internal pedestrian or parking areas.

d.

No access or queuing area shall be provided between the building and the street on any pedestrian oriented streetscape. (Mixed-use or pedestrian street types in EMC § 16-3-4 or EMC § 16-6-4.A). Use of alleys, internal access and the rear of buildings for drive-through services is required to preserve the streetscape design and development patterns of these areas.

4.

Service areas and windows shall be located in the most remote location possible, considering adjacencies to public streetscapes, residential property, or other sensitive adjacencies.

a.

Signs, speakers, or service facilities shall not be visible or audible from the residential property. Operational limitations and additional screening or buffers may be required beyond the standards of EMC § 16-8-4 to ensure compatibility.

b.

Signs, speakers, or service facilities shall be located on the side or rear of buildings to minimize impact on streetscapes.

c.

To the maximum extent practicable, drive in lanes shall not be located between the principal building and street or other public gathering places. Where this is not possible, they shall be set back at least 20 feet from the right-of-way to permit additional landscape design and impact mitigation.

d.

Any stacking area, drive-through circulation lanes or drive-through facilities visible from the streetscape shall require enhanced landscape and frontage design elements beyond the standards of EMC § 16-8-3 and EMC § 16-6-4.

5.

The Director may require any drive-through service facility that does not clearly meet these standards and criteria to be reviewed subject to the procedures for conditional use permits in EMC § 16-2-9.

H.

Outdoor Display and Service Areas. In addition to the standards applicable to all accessory uses in Section 16-4-4.A, the following additional standards apply to outdoor display and service areas, such as sidewalk seating and dining or sidewalk sales:

1.

Outdoor display and service areas may be permitted on any property where the principal use is commercial or service uses.

2.

Outdoor display and areas shall be located on the same lot as the principal use or along the street frontage immediately abutting the use in the case of buildings along streets designed to the mixed-use or pedestrian standards in Section 16-3-4.

3.

The area shall be limited to no more than 50% of the ground floor area of the principal use or 2,000 square feet, whichever is less.

4.

Display and service areas shall not be arranged where they interfere with pedestrian movements or building access, or with clear vision areas. At least five feet clear or at least 50% of the width any sidewalk, whichever is greater, shall remain clear and unobstructed by any display or service areas located on a sidewalk.

5.

The area may be located in parking areas, provided it does not interfere with adequate parking and circulation of the entire site. The permanence of any structures shall be considered in evaluating the impact on adequate parking needs for the site.

6.

The display and service area may be excluded from required parking up to the first 40 seats.

7.

The area shall be at least 100 feet from any residential zone district and screened from view along any property line abutting a residential use.

8.

The hours of operation shall be between 7 a.m. and 10 p.m., except where the use is more than 500 feet from any R-1, R-2, or MU-R-3 district.

9.

Any outdoor display or service area beyond these requirements may only be permitted as an allowed outdoor sales principal use or as a temporary accessory use according to EMC § 16-4-4.H.

I.

Medical Marijuana Cultivation and Infused Products Manufacture. In the M-2, MU-B-1, and MU-B-2 districts, Medical Marijuana Cultivation or Infused Products Manufacture is only permitted as accessory to an otherwise permitted Medical Marijuana Center, and subject to all other general accessory use limitations in EMC § 16-4-4.A.

J.

Temporary Uses. Uses that may not otherwise be interpreted as being permitted by Table 4-2, or accessory uses in EMC § 16-4-4, may be permitted through a Temporary Use Permit according to this Section. Temporary use permits are not required for residential garage or yard sales. (See Title 5 of EMC.)

1.

Permit. An application for a permit shall be submitted by the owner, or an agent of the owner with written permission from the owner at least ten days prior to the desired issue date.

a.

The permit shall have a specified start and end date not more than 90 days per year, or be based on a schedule that includes no more than 45 days per year and no more than 12 occasions per year.

b.

The applicant shall submit a complete description of the event or activity, including anticipated traffic, hours and peak times of operation, access and circulation plans, the ability to accommodate fire and police access, and any need for special protection or other public safety, health and welfare needs.

c.

The applicant shall submit a plan identifying the extent of the grounds, gathering places and circulation routes, any streets or public spaces to be dedicated to the event, the location of all structures, equipment or other accessory facilities, and any utility needs for these structures, equipment or fixtures.

d.

The Director may extend the permit one time for up to an additional 30 days. The extension shall only be permitted based on circumstances not foreseeable at the time of the original permit and provided no problems have arisen under the original permit.

2.

Standards. All activities and any temporary structures shall meet the zoning district setbacks and standards, with the exception of the following:

a.

The use shall be associated with a principal and permitted institutional, commercial, office, or industrial use of the property.

b.

Setback standards for all buildings, structures and facilities shall generally be met for the principal use and temporary use, except that the Director may account for temporary structures and facilities in the setback based on the nature of activities, duration of the event, degree of any immediate impacts on adjacent areas, and whether there is a plan for restoration of the area or other potential for lasting impacts on adjacent areas.

c.

Parking requirements shall generally be met for the principal use and the temporary use, except that the Director may account for any existing and underutilized parking, the duration of the event, the correspondence of different peak parking periods, presence of off-site parking, and any transportation management when considering appropriate parking relative to the permit.

3.

Criteria. A temporary use permit shall be evaluated based on the following, in addition to all other general procedures and criteria for site improvement plans in EMC § 16-2-6:

a.

The proposed use shall be of a scale, intensity, and format that ordinarily occurs in the vicinity considering the size, anticipated traffic, hours of operation and duration of the event.

b.

The anticipated traffic and parking can be handled by the existing street network, site access and lot layout, or the applicant has demonstrated sufficient management strategies and procedures to mitigate any potential negative effects on the area.

c.

The degree of potential negative impacts on adjacent property, and in particular the likelihood of the event violating the general District Performance Standards in EMC § 16-4-5. The applicant may submit mitigation plans for any potential impacts, including limiting hours of operation, buffers and screening, transportation management, or other evidence or plans to accommodate concerns and limit impacts on surrounding property owners or residents.

d.

The use shall comply with all other applicable codes, licenses, or other public health, safety, and welfare requirements.

e.

The location subject to the temporary use permit shall be restored to its original condition upon the earlier of the expiration of permit or end of operation. Except, permanent improvements may be made to the location, and may remain with the property owner's written consent provided they meet all applicable zoning and site design standards.

f.

The Director may impose any other conditions on a permit necessary to protect the public health, safety, and welfare.

(Ord. 57-2024, § 1(Att. 01))

A.

General Operation and Performance Standards. In association with the more specific standard for public health, safety, sanitation, and environmental standards of the EMC, the development standards in this code shall be interpreted and applied to meet the following general operation and performance standards.

1.

General Rule Against Nuisances. No use shall be undertaken or operated in a manner that creates a common nuisance.

2.

Residential and Business Districts. No use shall be permitted in the residential or business districts, which by emitting an obnoxious or dangerous degree of heat, odor, glare, radiation, dust, or fumes, or an undue or excessive noise beyond the boundary line of the lot upon which the use is located, shall become a nuisance to other uses in the area.

3.

Industrial Districts. All industrial uses shall comply with the following specific limitations

a.

Volume of Sound Generated. Every use shall be so operated that the volume of sound inherently and consistently generated does not exceed seventy (70) decibels at any point of any boundary line of the lot on which the use is located.

b.

Vibration Generated. Every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point of any boundary line of the lot on which the use is located.

c.

Emission of Heat, Glare, Radiation, Dust, and Fumes. Every use shall be so operated that it does not emit an obnoxious or dangerous degree of heat, glare, radiation, dust, or fumes beyond any boundary line of the lot on which the use is located.

d.

Outdoor Storage and Waste Disposal.

(1)

Installation and storage of flammable or combustible liquids, solids, or gasses shall comply with all requirements of the fire code adopted by the City.

(2)

All outdoor storage facilities for fuel, raw materials and products and all fuel, raw materials and products stored outdoors shall be enclosed by a solid fence or wall adequate to conceal such facilities, fuel, raw materials and products from adjacent residential districts; provided, however, that such fence or wall not exceed eight feet in height.

(3)

No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes.

B.

Lighting. In addition to all other landscape and site design standards and criteria, site lighting shall generally meet the performance criteria in Table 4-4, and the performance standards following the table.

1.

All exterior fixtures shall be fully shielded and installed so that the direct illumination is confined to the property boundaries of the source, except for ornamental lights below 500 lumens, or 200 lumens where multiple fixtures are used.

2.

The location, height, and fixture shield shall prevent light spread or glare onto any adjacent property or any public right-of-way, other than building mounted lighting on street-front buildings.

3.

All facade lighting and other externally illuminating lights shall use shielded, directional fixtures, designed and located to minimize uplighting and glare. Decorative lighting, such as lanterns and wall sconces, which may be allowed as long as the fixtures do not exceed 200 lumens and do not emit light directly upward.

4.

The style of light standards and fixtures shall be consistent with the style and character of architecture proposed on the site and building.

5.

Lighting shall be designed to meet the functional and security needs of the site, without adversely affecting adjacent properties. Performance and operational characteristics such as dimming interfaces or timers that reduce lights to minimal security levels for off hours should be used.

6.

Lighting plans shall demonstrate compliance with industry standards and guidelines for environmental and energy performance, including the fixture types, light source, and energy source.

7.

A photometric plan prepared by a qualified professional may be required by the Director for large-scale uses or where certain compatibility and adjacency issues exist because of anticipated lighting.

8.

Nuisances related to this Section must follow processes outlined in Title 15 of this code.

C.

Conditions and Compatibility. The City may impose conditions upon the approval of any development application or any permit to ensure that it is compatible with adjacent uses and compliant with the district performance standards. Conditions may include:

1.

Hours of operation and deliveries.

2.

Location, design, and screening of a outdoor activity areas or other site activities that generate potential adverse impacts to adjacent uses.

3.

Placement of facilities that require regular service of large or utility vehicles, such as trash receptacles or loading areas.

4.

Location of outdoor speakers, communication, or other amplification systems.

5.

Light height, intensity, shield and design, and hours of partial and full illumination.