This chapter establishes the zone districts and contains basic information pertaining to zone districts, primarily statements of purpose and district-specific regulations. Chapter 3 and chapter 4 set forth the land uses permitted within the districts and the dimensional standards applying to development in the districts, respectively.

A.

Districts established; zoning map:

1.

Zone districts established: The following zone districts are established:

2.

Zoning map: The zone districts are shown on the "Town of Erie, Colorado Zoning Map" (the "Zoning Map"), which is adopted as part of this UDC as fully as if the same were set forth in this section in full. Procedures for amending the zoning map are set forth in section 10-7-5.

3.

Newly annexed areas: Unless otherwise zoned upon annexation, all property hereafter annexed to the town shall be zoned AGH.

(Ord. 03-2022, § 1(Attch.), 1-11-2022; Ord. No. 035-2024, § 1, 9-24-2024; Ord. No. 017-2024, § 1, 5-14-2024)

A.

General purposes of residential districts: The residential zone districts contained in this section are intended to:

1.

Provide appropriately located areas for residential development that are substantially consistent with the town's comprehensive plan and with standards for public health, safety, morals, and general welfare;

2.

Allow for a variety of housing types that meet the diverse economic and social needs of residents;

3.

Allow mixed-density residential development in certain districts where district and development standards ensure that mixed use development will maintain and improve the function and appearance of surrounding development and traffic flow;

4.

Provide the opportunity to protect sensitive environmental and cultural resources;

5.

Protect the scale and character of existing residential neighborhoods and community character;

6.

Ensure adequate light, air, privacy, and open space for each residential dwelling unit, and protect residents from the potentially harmful effects of excessive noise, glare and light pollution, traffic congestion, and other significant adverse environmental effects;

7.

Protect residential areas from commercial and industrial hazards such as fires, explosions, toxic fumes and substances, natural hazards such as mining subsidence and flooding, and other public safety hazards;

8.

Facilitate the provision of services, such as utilities, telecommunications technology, and streets and roads to accommodate planned population densities; and

9.

Protect residential development from neighboring uses that are incompatible with a residential environment.

B.

Rural residential (RR): The purpose of the RR zone district is to provide areas for residential uses of a rural character, at a gross density no greater than one dwelling unit per two acres.

C.

Estate residential (ER): The purpose of the ER zone district is to provide areas for residential uses of an estate character, at a gross density no greater than one dwelling unit per acre, and no less than 0.5 dwelling units per acre.

D.

Suburban residential (SR): The purpose of the SR zone district, is to provide areas for residential uses of a suburban character, at a gross density no greater than three dwelling units per acre, and no less than one dwelling unit per acre.

E.

Low-density residential (LR): The purpose of the LR zone district is to provide areas for residential uses of an urban character, at a gross density no greater than five dwelling units per acre, and no less than three dwelling units per acre.

F.

Medium-density residential (MR): The purpose of the MR zone district is to provide areas for residential uses of an urban character, at a gross density no greater than ten dwelling units per acre and no less than five dwelling units per acre.

G.

High-density residential (HR): The purpose of the HR zone district is to provide areas for residential uses of an urban character, at a gross density no greater than 25 dwelling units per acre and no less than ten dwelling units per acre.

H.

Old town residential (OTR): The purpose of the OTR zone district is to ensure the preservation of the unique character and quality of life in the historic residential area of the Town by encouraging compatible redevelopment and infill development. Single-family residential density shall not exceed five dwelling units per acre, and multi-family residential density shall not exceed ten dwelling units per acre.

(Ord. 03-2022, § 1(Attch.), 1-11-2022)

A.

General purposes of commercial and industrial districts: The commercial and industrial zone are intended to:

1.

Provide appropriately located areas substantially consistent with the comprehensive plan for industrial, retail, service, and office uses;

2.

Expand the town's economic base and provide employment opportunities primarily for town residents and the region;

3.

Minimize any potentially negative impact of commercial and industrial development on adjacent residential districts; and

4.

Ensure that the appearance and effects of commercial and industrial buildings and uses are of an appropriate high quality and are substantially consistent with the character of the area in which they are located.

B.

Community commercial (CC): The purpose of the CC zone district is to provide areas for a full range of community-oriented retail and service commercial uses.

C.

Regional commercial (RC): The purpose of the RC zone district is to provide areas for a variety of regionally oriented large retail and service commercial uses, and highway-oriented commercial uses such as shopping centers, big-box retail, gas stations, restaurants, hotels and similar and associated land uses.

D.

Business (B): The purpose of the B zone district is to provide areas for office, research and development, and other similar uses.

E.

Light industrial (LI): The purpose of the LI zone district is to provide areas for light industrial uses including warehousing and limited outdoor sales and storage.

F.

Industrial (I): The purpose of the I zone district is to provide areas for industrial uses which, by their nature, are more intensive than light industrial uses, but less intensive than heavy industrial uses.

G.

Heavy industrial (HI): The purpose of the HI zone district is to provide areas for industrial uses that are typically more intensive than those businesses in either the LI zone district or I zone district.

(Ord. 03-2022, § 1(Attch.), 1-11-2022)

A.

General purposes: Mixed-use zone districts define the uses of land and the siting and character of the improvements and structures to promote compatibility between uses. Buildings are typically oriented to maximize visibility and provide high quality open space, landscaping, and architectural features. Mixed-use zone districts are also intended to encourage redevelopment of underutilized parcels and infill development of vacant parcels. The mixed-use districts specifically are intended to:

1.

Concentrate higher-density residential, commercial and office land uses efficiently in and around major employment centers, town centers, and other designated centers of community activity;

2.

Encourage mixed-use and higher-density redevelopment, conversion, and reuse of aging or underutilized areas, and increase the efficient use of available commercial land in the town;

3.

Contain a transportation system network designed to ensure that residential areas will have direct access to adjacent nonresidential portions of the proposed development or redevelopment;

4.

Create compact and pedestrian-oriented environments that encourage transit use and pedestrian access;

5.

Concentrate a variety of commercial and retail services and public facilities that serve the surrounding community;

6.

Ensure that the appearance and function of development in mixed-use areas is appropriately compatible and appropriately integrated with surrounding neighborhoods;

7.

Ensure that development in mixed-use areas is of high quality and provides pedestrian scale and interest through use of appropriately varied forms, materials, details, and colors, especially at the ground-floor;

8.

Provide adequate light, air, privacy, and open space for each residential dwelling, and protect residents from the potentially undesirable effects of excessive noise, glare, light pollution, traffic congestion, and other potentially adverse environmental effects; and

9.

Minimize potential negative impacts of development on stream corridors, wetlands, and other important natural resources.

B.

Downtown district (DT): The purpose of the DT zone district is to provide for and encourage development and redevelopment that preserves and enhances the unique character and vitality of Old Town Erie. Small-scale offices, retail, and residential uses are permitted. New mixed-use development is encouraged to place residential above the ground floor. Design standards focus on creating a human-scaled, pedestrian- oriented and walkable downtown that invites commercial development and complementary residential opportunities. Continuous retail frontages, largely uninterrupted by driveways and parking, are encouraged.

C.

Neighborhood mixed-use district (NMU): The purpose of the NMU zone district is to provide for small, compact commercial centers within or surrounded by residential areas, compatible in scale and character with surrounding residential uses, to primarily serve the convenience needs of generally the immediately surrounding neighborhood. NMU centers are typically up to five acres in size. Continuous retail frontages, largely uninterrupted by driveways and parking, are encouraged.

D.

Community mixed-use district (CMU): The purpose of the CMU zone district is to provide for a community-serving mixed-use development at a higher scale than is appropriate for neighborhood locations. The CMU district is intended for use along key transportation corridors and at important nodes in the town on sites of five acres or larger. The CMU district is intended to include commercial, institutional, recreational, and service facilities needed to support surrounding neighborhoods and the community at-large. Medium to higher-density housing should be incorporated within or located around the CMU zone district, and development should facilitate pedestrian connections between residential and nonresidential land uses.

(Ord. 03-2022, § 1(Attch.), 1-11-2022)

A.

Agricultural/open space (AG/OS): The purpose of the AG/OS zone district is to provide areas to be used for agricultural and open space purposes and to recognize and preserve lands suitable for long-term production of agricultural commodities, lands suitable for grazing, and animal husbandry, view protection, passive and active recreation, and conservation uses.

B.

Agricultural holding (AGH): The purpose of the AGH zone district is to provide for the continuance of existing agricultural-related uses on land annexed to the town until such time the annexed are redeveloped.

C.

Airport (AP): The purpose of the AP zone district is to provide areas for the development of airport land uses. The area is also regulated by the airport overlay (APO) zone district.

D.

Public land and institutions (PLI): The purpose of the PLI zone district is to provide areas for the development of public or quasi-public facilities or private facilities of a noncommercial character, including places of worship, schools, libraries, and cultural facilities.

E.

Planned development (PD):

1.

The purpose of the PD zone district is to make available, pursuant to the Planned Unit Development Act of 1972, Article 67 of Title 24, C.R.S., a procedure to modify specific regulations of the UDC.

2.

The PD zone district may be used when:

a.

There is a special public benefit that does not coincide with standard zone district requirements; or,

b.

A development proposal is unable to meet the standard zone district requirements due to physical constraints of the property; or, a development proposal is unable to meet the standard zone district requirements due to unique development design; or,

c.

A development proposal is unable to meet the standard zone district requirements due to a unique mix of land uses.

3.

The PD zone district is not a general waiver of the UDC regulations. PD zone districts are to be based on one or more of the following attributes that could not otherwise be achieved through other standard zone districts:

a.

Innovative approaches to development,

b.

Creative designs of land uses,

c.

Preservation of significant natural features within the town,

d.

Retention of historic structures and sites,

e.

Retention of open space,

f.

Compatibility with overall community objectives, and

g.

Consideration of environmental concerns.

4.

PD zone district modifications shall be generally consistent with the overall land uses and objectives of the town's comprehensive plan, transportation master plan; parks, recreation, open space, and trails master plan, and other pertinent town plan and policy documents.

5.

The flexibility permitted in a PD zone district shall be made in exchange for greater public benefits that would not have otherwise been achieved through development under another zone district.

F.

Reserved open space. The purpose of the RO district is to provide for areas that are dedicated to open space and trails as specified in article 11 of the Home Rule Charter.

(Ord. 03-2022, § 1(Attch.), 1-11-2022; Ord. No. 017-2024, § 2, 5-14-2024)

A.

General purpose: Overlay zoning is typically used when there is special public interest that does not coincide with a specific zone district. An overlay zone district establishes a supplemental set of standards for covered properties in an underlying zone district.

B.

Airport overlay district (APO):

1.

Purpose: The purpose of the APO zone district is to minimize exposure of residential and other sensitive land uses to aircraft and their potential impacts, including noise, to minimize risks to public safety from aircraft accidents, and to discourage traffic congestion and incompatible land uses proximate to, and within, airport influence areas.

2.

Warning and disclaimer of liability: The degree of protection provided by this section is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study and does not imply that areas outside the airport influence will be free from potential safety issues associated with aircraft activity. This section shall not create a liability on the part of, or cause an action against, the town or any officer or employee thereof for any damages that may result directly or indirectly from the reliance on this section.

3.

Nonconforming structures or uses:

a.

These regulations shall not require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which began prior to the effective date of this section and is diligently prosecuted; provided, however, that when the nonconforming structure is destroyed or damaged to the extent of more than 50 percent of the appraised value of the nonconforming structure, any reuse, reconstruction or replacement shall be deemed a new use and shall be subject to the applicable provisions of the UDC.

b.

The owner of any nonconforming structure or object of natural growth is hereby required to permit the installation, operation and maintenance thereon of such markers and lights as required by the Federal Aviation Regulations ("FAR") Part 77, to indicate to the operators of aircraft in the vicinity of the airport the presence of such nonconforming structures or objects of natural growth. Such markers and lights shall be installed, operated, and maintained at the expense of the owner of such nonconforming structure or object of natural growth.

4.

Development standards:

a.

Noise contours and FAR Part 77 shall be used when reviewing land use proposals.

b.

Noise attenuation in building design should be included in development proposals.

c.

An avigation easement is required for all areas within the designated airport influence area.

5.

Height limitations:

a.

Height limitations within the airport influence area, except as otherwise provided in this section, are subject to the limitation of the district within which the property is located, recommendations of the Erie Airport Manager, and other appropriate referral agencies. No structure or object of natural growth shall be constructed, erected, altered or permitted to grow or to be maintained in excess of height limits and zones herein established.

b.

The specific height zone and limitations for each airport/heliport shall be the designated elevation as shown on the approved airport plan or as calculated using the procedure stipulated on the airport plan.

c.

Notice to the Federal Aviation Administration ("FAA") shall be required for the construction or alteration of any structure 200 feet or higher located within 20,000 feet of any Erie Municipal Airport runway.

6.

Land use limitations: No use may be made of land within the designated airport influence area in such a manner as to:

a.

Create electrical interference with radio communication between the airport and aircraft;

b.

Make it difficult for pilots to distinguish between airport lights and other lights;

c.

Cause glare in the eyes of pilots using the airport;

d.

Impair visibility in the vicinity of the airport; or

e.

Otherwise endanger the landing, taking off, or maneuvering of aircraft at the airport or in the vicinity of the airport.

7.

Airport influence area: An application for initial zoning rezoning, PD approval, or PUD development plan amendment, for land within the airport influence area shall include, in addition to any other submittal requirements herein, the following:

a.

An avigation easement signed by the landowner that acknowledges flight operations above the land, recorded in the office of the county clerk and recorder. The book and page of the recorded easement shall be noted on subsequent approved plans and plats involving the land.

b.

A study which shows compliance with the FAA, FAR Part 77, and a plat note on the final plat stating that the plat is in compliance with FAR Part 77.

c.

Referral to the Erie Airport Manager for review and comment.

d.

A copy of the public disclosure statement to be provided to prospective buyers, disclosing the airport activity.

e.

A land use compatibility map depicting the 55, 60 and 65 Ldn noise contours overlaid on the property.

8.

Airport influence area requirements: Within the following specific portions of the airport influence area, the following shall be required:

a.

Approach surface: Structure height shall be restricted to a maximum of 100 feet or as provided in FAR Part 77, whichever is less.

b.

Runway protection zone:

i.

Non-aeronautical structures are prohibited.

ii.

Structure height shall be restricted to a maximum of 100 feet or as provided in FAR Part 77, whichever is less.

c.

65 Ldn noise zone: Residential and other noise sensitive development shall be discouraged. To the extent development is permitted, noise attenuation shall be required.

(Ord. 03-2022, § 1(Attch.), 1-11-2022; Ord. No. 031-2023, § 1, 11-28-2023; Ord. No. 035-2024, § 2, 9-24-2024)

A.

General purpose: These districts are carried forward from the previous zoning ordinance. The intent is to allow the districts to remain in conformance under this UDC. These districts will be restricted to the current districts as such; no initial zonings or rezonings to these districts shall be permitted.

B.

Rural preservation 1 (RP-1): The purpose of the RP-1 zone district is to provide for areas to be free from the urban development for agricultural uses, preservation of wildlife habitat, view corridors, natural resources and open space, outdoor recreation, mining and reclamation, and single-family dwellings at a gross density no greater than one dwelling unit per 17.5 acres.

C.

Rural preservation 2 (RP-2): The purpose of the RP-2 zone district is to provide for areas to be free from the urban development for agricultural uses, preservation of wildlife habitat, view corridors, natural resources and open space, outdoor recreation, mining and reclamation, and single-family dwellings at a gross density no greater than one dwelling unit per five acres.

D.

Rural preservation 3 (RP-3): The purpose of the RP-3 zone district is to provide for areas to be free from the urban development for agricultural uses, preservation of wildlife habitat, view corridors, natural resources and open space, outdoor recreation and solid waste disposal and reclamation, and single-family dwellings at a gross density no greater than one dwelling unit per five acres if not precluded by federal, state or other local ordinances.

(Ord. 03-2022, § 1(Attch.), 1-11-2022; Ord. No. 19-2022, § 1, 9-13-2022)