This Chapter establishes the zoning districts and contains basic information pertaining to zoning 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.

Zoning districts established. The following zoning districts are established:

2.

Zoning map. The zoning districts are shown on the "Town of Firestone, Colorado Zoning Map" ("zoning map"). The boundaries of zoning districts set out in this FDC are delineated upon the zoning map, adopted as part of this FDC as fully as if the same were set forth in this Section in detail. Procedures for amending the zoning map are set forth in Sections 16.7.4 and 16.7.5.

a.

Unless otherwise indicated, the zone district boundaries are the centerlines of physical streets, roads, highways, alleys, railroad rights-of-way, and channelized waterways, or such lines extended. In cases where the platted and physical rights-of-way do not coincide, the Director will determine the location of the zone district boundary.

b.

In unsubdivided property, zone district boundaries shall be determined by use of the scale on the map. A legal description acceptable to the Director shall be made available in the event of a controversy arising concerning zone district boundaries.

c.

Where a zone district boundary is shown by specific dimension as being located at any given distance from any right-of-way line, such specific dimension shall govern.

3.

Vacations. Whenever any street, alley, or other public way is vacated by official action of the Town, in accordance with Section 16.7.9 of this FDC, the zoning district adjoining each side of such street, alley, or public way shall be automatically extended to the center of such vacation and all area included in the vacation shall then and henceforth be subject to all appropriate regulations of the extended district.

4.

Newly annexed areas. Unless otherwise zoned at annexation, all undeveloped or unplatted territory hereafter annexed to the Town shall be zoned DR-Developing Resource. The procedure for establishing the zoning on any annexed territory shall be the same as is provided by this FDC in Section 16.7.4.

(Ord. 982 Att., 2020)

A.

General purposes of residential districts. The residential zoning 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 Master 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).

1.

Purpose. To provide areas for residential uses of a rural character, at a gross density not to exceed one (1) dwelling unit per one (1) acre.

C.

Low-Density Residential (R-A).

1.

Purpose. To provide areas for residential uses of an urban character, at a gross density not to exceed five (5) dwelling units per acre. The zone district classification of R-1 from former Town zoning code and development regulations located outside of the Old Town Firestone area is intended to be included in the R-A district.

D.

Medium-density residential (R-B).

1.

Purpose. To provide areas for residential uses of an urban character, at a gross density not to exceed ten (10) dwelling units per acre. A minimum gross density of five (5) dwelling units per acre is required. The zone district classification of R-2 from former Town zoning code and development regulations is intended to be included in the R-B district.

E.

High-density residential (R-C).

1.

Purpose. To provide areas for residential uses of an urban character, at a gross density not to exceed twenty (20) dwelling units per acre. A minimum gross density of ten (10) dwelling units per acre is required. The zone district classification of R-3 from former Town zoning code and development regulations is intended to be included in the R-C district.

F.

Old Town residential (OTR).

1.

Purpose. 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. The zone district classification of R-1 from former Town zoning code and development regulations located within Old Town Firestone is intended to be included in the OTR district.

2.

District-specific standards.

a.

Single-family detached. Single-family residential development of up to five (5) dwelling units per acre.

b.

Multi-family development. Multi-family residential development of up to ten (10) dwelling units per acre.

A.

General purposes of commercial and industrial districts. The commercial and industrial zoning districts contained in this Section generally are intended to:

1.

Provide appropriately located areas substantially consistent with the Town's Comprehensive Master Plan for industrial, retail, service, and office uses;

2.

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

3.

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

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; and

5.

Provide sites for residential, public, and semi-public uses needed to complement commercial and industrial development.

B.

Old Town commercial (OTC).

1.

Purpose. To provide for and encourage development and redevelopment that preserves and enhances the unique character and vitality of Old Town Firestone. Small-scale offices, retail, and residential uses are permitted. New 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. The zone district classifications of C-1, C-2, C-M, and NC from former Town zoning code and development regulations along First Street in Old Town Firestone are intended to be included in the OTC district. Developing and redeveloping non-residential properties adjacent to Grant Avenue between Colorado Boulevard and Second Street are intended to be included in the OTC district.

C.

Neighborhood center (NC).

1.

Purpose. To provide areas for a full range of community-oriented retail and service commercial uses. The zone district classification of C-1 from former Town zoning code and development regulations outside of Old Town Firestone is intended to be included in the NC district.

D.

Regional commercial (RC).

1.

Purpose. 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. The zone district classifications of C-2 and M-2 from former Town zoning code and development regulations are intended to be included in the RC district.

E.

Light Industrial (LI).

1.

Purpose. To provide areas for light industrial uses including warehousing and limited outdoor sales and storage. Heavy industrial uses may only be approved as a Special Review Use. The zone district classifications of EC, C-M, and M-1 from former Town zoning code and development regulations are intended to be included in the LI district.

(Ord. No. 1003, § 1, 12-8-2021)

A.

Agricultural.

1.

Purpose. To provide areas to be used for agricultural purposes. The zoning classification is intended to recognize and preserve lands suitable for long-term production of agricultural commodities, lands suitable for grazing, animal husbandry, and agro-tourism.

B.

Open space (OS).

1.

Purpose. To provide areas to be used for open space purposes. The zoning classification is intended to recognize and preserve lands suitable for habitat, view protection, passive and active recreation, and conservation uses.

C.

Developing Resource (DR).

1.

Purpose. To provide for the annexation of those areas that are presently used for agriculture or other nonurban uses that are adjacent to Town limits. These areas are designated in the comprehensive plan as potentially suitable for urban development, but not in the immediate future because of lack of utilities, other services, or other needs. No uses other than those existing at the time of annexation are permitted until the property is rezoned to another zoning classification pursuant to this FDC.

D.

Public land and institutions (PLI).

1.

Purpose. To provide areas for the development of public or quasi-public facilities or private facilities of a non-commercial character, including churches, schools, libraries, and cultural facilities.

E.

Planned unit development (PUD).

1.

Intent and general purpose.

a.

The planned unit development zone district ("PUD district") is intended to respond to unique and extraordinary circumstances, where more flexible zoning than what is achievable through a standard zone district is desirable and multiple variances, waivers, and conditions can be avoided.

b.

The general purpose of a PUD district is to provide an alternative to conventional land use regulations, combining use, density, site plan, and building form considerations into a single process, and substituting procedural protections for the more prescriptive requirements in this Code.

c.

"Unique and extraordinary circumstances" that justify use of a PUD district include, but are not limited to, the following:

i.

Where a development site has special physical characteristics, including but not limited to irregular or odd-shaped lots, or lots with significant topographical barriers to standard development or construction practice; or,

ii.

Where a development site is subject to an existing PUD and rezoning to a new PUD district will bring the site closer to conformance with current zoning regulations and adopted plans; or,

iii.

A development proposal is unable to meet the standard zoning district requirements due to unique development design; or,

iv.

Where the proposed scale or timing of a development project demands a more customized zoning approach to achieve a successful, phased development.

d.

A PUD district is not intended as either a vehicle to develop a site inconsistent with the applicable neighborhood context and character, or solely as a vehicle to enhance a proposed development's economic feasibility.

e.

In return for the flexibility in site design with respect to the arrangement, heights, and setbacks of buildings, densities, open space and circulation elements, development under a PUD district should provide significant public benefit not achievable through application of a standard zone district, including but not limited to diversification in the use of land; innovation in development; more efficient use of land and energy; exemplary pedestrian connections, amenities, and considerations; and development patterns compatible in character and design with nearby areas and with the goals and objectives of Town's Comprehensive Master Plan, Transportation Master Plan; Parks, Open Space, and Trails Master Plan, and other pertinent Town plan and policy documents.

2.

Planned unit development districts adopted prior to this FDC. The planned unit development (PUD) ordinances or parts of ordinances approved prior to the adoption of this FDC shall be carried forth in full force and effect as to their original approval and adoption and are the conditions, restrictions, regulations, and requirements that apply to the respective planned unit development districts shown on the zoning map at the date of adoption of this FDC. Amendments to an existing PUD district after adoption of this FDC shall be processed the same as a PUD district amendment (Subsection 16.7.5.B).

3.

Concurrent processing. At the applicant's option, and with the Director's approval, a Final Development Plan for one (10) or more stages of a general PUD district plan (see Section 16.7.5) may be submitted with the filing of a PUD district rezoning application.

4.

Coordination with subdivision review. It is the intent of this FDC that subdivision review required under Section 16.7.6, if applicable, be carried out concurrently with the review of an overlay zone district under this Section.

5.

Effect of approval of PUD district plan. All development in a PUD district shall conform to the approved PUD district plan. Minor deviations may be permitted only according to this section.

6.

Minor deviations to approved PUD district plans. The Director or Town Manager may authorize minor modifications to previously approved PUD district plans based upon the standards in this section, or during the Final Development Plan review stage (see Section 16.7.7), only when such modifications do not include any changes that constitute "amendments" under this section, and the Director determines that the requested changes are generally consistent with the intent of the original PUD district approval. Approved minor modifications shall be recorded as addendums to the PUD-DP. Denial of a minor modification does not preclude the filing of a new rezoning or PUD application.

7.

Amendments to approved PUD district plan.

a.

Changes to an approved PUD-DP shall constitute "amendments" when such modifications will cause any of the following:

i.

Ten (10) percent or more increase in gross floor area of any building;

ii.

Ten (10) percent or more increase in residential density of any usage area;

iii.

Any increase in overall residential density;

iv.

A change in permitted land use that would result in a more intensive use;

v.

Changes which significantly alter traffic circulation, or increases safety, utility service, or environmental concerns;

vi.

Ten (10) percent or more reduction in the originally approved setbacks;

vii.

Ten (10) percent or more increase in the ground coverage by buildings; or

viii.

Ten (10) percent or more increase in building height.

b.

The process for approving an amendment to a PUD district plan is the same as for approving an application for rezoning to a PUD district. See Section 16.7.5, Official Zone Map Amendment.

(Ord. 982 Att., 2020)

A.

General purpose. Overlay zone districts are generally intended, in special and unique cases, to provide a vehicle to supplement otherwise generally applicable zone district standards with additional use or design limits, allowances, and prohibitions in order to promote creative design efforts on the part of owners, builders, architects, and developers, and also to produce developments that are in keeping with the overall land use intensity and open space objectives of the Town's Comprehensive Master Plan. Overlay zone districts are generally intended, in special and unique cases, to provide a vehicle to supplement otherwise generally applicable zone district standards with additional use or design limits, allowances, and prohibitions. Overlay zoning is typically used when there is special public interest that does not coincide with a specific zoning district. Overlay zones contain restrictions in addition to or less than those in the underlying zone district.

To carry out the provisions of this FDC, the following overlay zone districts have been established and are applied to property as set forth on the Official Zoning Map:

1.

Floodplain Overlay

2.

Design Overlay

3.

Use Overlay

B.

Effect of underlying zone district designation. All of the provisions of the underlying zone district shall be in full force and effect, unless such provisions are specifically varied by the provisions of the applicable overlay zone district.

C.

Effect of overlay zone district designation. All zoning applications within a specific overlay zone district shall comply with the applicable provisions of that overlay zone district, and the underlying zone district, and shall be reviewed under this FDC to assure such compliance. Where the provisions of the overlay zone district are different from (e.g., in the case of a design overlay use district), or more restrictive than (e.g., in the case of a conservation overlay zone district) the provisions of the underlying zoning designation, the provisions of the overlay zone district shall apply. A change in the underlying zone district does not change the content or applicability of the overlay zone provisions.

D.

Text amendment and rezoning required. Creation of certain overlay zone districts may require an official map amendment according to Section 16.7.4, Rezoning, to apply an overlay district to the property, and a text amendment according to Section 16.7.19, Text Amendment, to codify the standards established within the desired overlay. With the Director's approval, the map amendment may be filed and reviewed concurrent with the text amendment. In no case, however, shall the map amendment be approved until the text amendment creating the overlay zone district is approved.

E.

Floodplain overlay district (FPO).

1.

Findings of fact. The flood hazard areas of the Town are subject to periodic inundation which could possibly result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the overall tax base. All of which could collectively have an adverse effect on public health, safety and general welfare.

Such potential flood losses are caused by the cumulative effect of obstructions in areas of special flood hazard which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately flood proofed, elevated or otherwise protected from flood damage may also contribute to the flood loss.

2.

Purpose. To promote the public health, safety, and general welfare, to minimize flood losses in areas subject to flood hazards, and to promote wise use of the floodplain, this Section has been established with the following purposes intended:

a.

To reduce the potential hazard of floods to life and property through:

i.

Prohibiting certain uses which may be dangerous to life or property during a flood.

ii.

Restricting land uses which may be hazardous to the public health during a flood.

iii.

Restricting land uses which are particularly susceptible to flood damage, so as to alleviate hardship and minimize demands for public expenditures for relief and protection.

iv.

Requiring permitted floodplain uses, including public facilities which serve such uses, to be protected against flood by providing flood proofing and general flood protection at the time of initial construction.

v.

Restricting or prohibiting uses which are known to be dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities.

vi.

Requiring that uses vulnerable to floods, including facilities which serve such uses be protected against flood damage at the time of initial construction.

b.

To protect floodplain occupants from a flood which is or may be caused by their own or other land use and which is or may be undertaken without full realization of the danger, through:

i.

The prohibition of residential uses from being platted in the floodplain.

ii.

Regulating the manner in which structures designed for human occupancy may be constructed so as to prevent danger to human life within such structures.

iii.

Regulating the method of construction of water supply and sanitation systems so as to prevent disease, contamination and unsanitary conditions.

iv.

Delineating and describing areas that could be inundated by floods so as to protect individuals from purchasing floodplain lands for purposes which are not in fact suitable.

v.

Minimizing the need for rescue and relief efforts associated with flooding which are generally undertaken at the expense of the general public.

vi.

Minimizing prolonged business interruptions.

vii.

Ensuring that potential buyers in the area are notified that property is in an area of special flood hazard.

viii.

Ensuring that those who occupy flood hazard areas assume responsibility for their actions.

c.

To protect the public from the burden of avoidable financial expenditures for flood control and relief by:

i.

Regulating all uses within the floodplain areas so as to produce a method of construction and a pattern of development which will minimize the probability of damage to property and loss of life or injury to the inhabitants of the flood hazard areas.

ii.

Minimizing damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard.

iii.

Helping maintain a stable tax base by providing for the sound use and development in flood hazard as areas and to minimize future flood hazard areas.

d.

To protect the flood water storage capacity of floodplains and to assure retention of sufficient floodway area to convey flood flows which can reasonably be expected to occur by:

i.

Regulating filling, dumping, dredging, and alteration of channels by deepening, widening, or relocating.

ii.

Prohibiting unnecessary and damage creating encroachments.

iii.

Encouraging uses such as agriculture, recreation and parking.

iv.

Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood water elevations or velocities.

e.

To protect the hydraulic characteristics of the small watercourses, including the gulches, sloughs and artificial water channels used for conveying floodwaters, which make up a portion of the urban drainage system, by:

i.

Regulating filling, dumping, and channelization so as to maintain the natural storage capacity and slow flow characteristics.

ii.

Regulating encroachment into the small watercourses to maintain their natural storage capacity and slow flow characteristics.

iii.

Encouraging uses such as greenbelt, open space, recreation, and pedestrian and non-motorized vehicle trails.

iv.

Controlling the alteration of natural floodplains, stream channels and natural protective barriers, which help accommodate or channel floodwaters.

v.

Controlling filling, grading, dredging, and other development which may increase damage caused by flooding.

vi.

Preventing or regulating the construction of flood barriers which could divert floodwaters or which may increase flood hazards in other areas.

3.

General provisions.

a.

Jurisdiction. The jurisdiction of this Section includes all lands adjacent to any water course within the town that would be inundated by the 100-year flood as defined by this floodplain overlay.

b.

Basis for establishing the areas of special flood hazard. This floodplain overlay district shall apply to all special flood hazard areas and areas removed from a special flood hazard area through a LOMR-F within the Town. The areas of special flood hazard identified by the Federal Emergency Management Agency ("FEMA") in a scientific and engineering Flood Insurance Study with accompanying Flood Insurance Rate Maps and/or Flood Boundary-Floodway Maps ("FIRM" and/or "FBFM" and "FIS"), are hereby adopted by reference and declared to be a part of this Section. The DFIRM and FIS in effect on the date of a property owner's complete application for any permit or process in this FDC, in particular those portions of the DFIRM and FIS that define the 100-year floodplain, is the foundational floodplain for the FPO District (the "FEMA Floodplain"). The term "DFIRM" includes all flood risk zone designations and technical information displayed on the maps, explanatory matter, technical addenda, modeling and calculations, water surface elevations, profiles, and cross sections, and other underlying detailed study data, such as information published in the FIS report and supporting documentation, as well as approved letters of map revision ("LOMR"), letters of map amendment ("LOMA"), and letters of map revision based on fill ("LOMR-F").

c.

Boundaries.

i.

This district shall encompass the 100-year floodplain, as it is noted on the FEMA floodplain map. The FEMA floodplain constitutes the area identified as the FPO District. The FPO District boundary and the floodplain maps are on file in the Planning and Zoning Department. Changes to the floodplain maps occur from time to time making it necessary for those changes to be adopted as a part of the FPO District. The FEMA Floodplain within the FPO District will be deemed updated when FEMA issues a Letter of Final Determination associated with any map action, or after the effective date of any Letter of Map Change ("LOMC"), without need for review or approval by the Board of Trustees, regardless of how many parcels are affected. Except for an automatically adopted DFIRM update, a change in the boundary of the FPO District requires an amendment according to Sections 16.7.4 and 16.7.19.

ii.

The floodplain district shall overlay that portion of any other district, including any PUD District, located in the floodplain. The regulations of this district shall be construed as being supplementary to the regulations imposed on the same lands by any underlying district. When regulations of this district conflict with any provisions of the underlying district, the provisions of this district shall control. Any underlying district shall remain in full force and effect to the extent that its provisions do not conflict with the provisions of this district.

d.

Effect of floodplain regulations. The regulations of this Section shall be construed as being supplementary to the regulations imposed on the same lands by any underlying zoning district. This Section supersedes provisions of any zoning relating to floodplain. Any underlying zoning shall remain in full force and effect to the extent that its provisions are more restrictive than those of this Section.

e.

Interpretation. The interpretation and application of the provisions of this Section shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by Colorado Statutes.

f.

Warning and disclaimer of liability. The degree of flood protection intended to be provided by this Section is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods can and will occur upon occasion, or the flood height may be increased by manmade or natural causes, such as ice jams, and bridge openings restricted by debris. This Section does not imply that the areas outside the floodway district and floodway fringe district boundaries or land uses permitted within such districts will always be totally free from flooding or flood damage. This Section shall not create liability on the part of the Town, any officer or employee thereof, or the FEMA, for any flood damage that results from reliance on this Section or any administrative decision lawfully made hereunder.

g.

Compliance with provisions. No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this Section and other applicable regulations.

h.

Abrogation and greater restrictions. This Section is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Section and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

i.

Letter of map revision based on fill (LOMR-F). Any new structure constructed in an area removed from the flood hazard area utilizing a LOMR-F shall be constructed on fill so that the lowest floor (including basement) is at least one (1) foot above the previous base flood elevation.

j.

Critical facilities. A critical facility is a structure or related infrastructure, but not the land on which it is situated, as specified in Rule 6 of the Rules and Regulation for Regulatory Floodplains in Colorado, that if flooded may result in significant hazards to public health and safety or interrupt essential services and operations for the community at any time before, during and after a flood.

Critical facilities constructed within flood hazard area shall be constructed on fill so that the lowest floor (including basement), together with attendant utility and sanitary facilities, is at least two (2) feet above the base flood elevation.

4.

Floodway districts and mapping.

a.

Districts established. In order to carry out the provisions of this Section, the areas of the 100-year flood are hereby divided into the following overlay zoning districts:

i.

Floodway district (FW). The FW shall be those areas identified as floodway in the flood insurance study. In areas outside of the boundaries of the flood insurance study, the FW shall be those areas identified as floodway in floodplain studies approved by the Town.

ii.

Floodway fringe district (FF). The FF shall be those areas identified in the flood insurance study as being within the boundaries of the 100-year flood, but outside of the floodway. In areas outside of the boundaries of the flood insurance study, the FF shall be those areas identified in studies approved by the Town as being within the boundaries of the 100-year flood, but outside of the floodway.

b.

Mapping of District boundaries. The boundaries of the FW and the FF as established in Subsection 16.2.5.E.4.a above shall be shown upon the flood boundary-floodway map.

c.

Interpretation of district boundaries. The flood boundaries shall be established by flood elevations set forth in the flood insurance study. Where interpretation is needed of the exact boundaries of the FW and FF as shown in the flood insurance study, a survey shall be prepared by a licensed professional engineer or surveyor and submitted to the Town for review. If necessary, an elevation certificate along with other required documentation shall be submitted by the applicant to FEMA for obtaining a letter of map amendment.

d.

Amendment of district boundaries. The boundaries of the FW and the FF districts shall be changed on the zoning district map by the amendment procedure contained in this FDC. Amendment of said district boundaries shall be subject to the following limitations:

i.

In areas within the boundaries of the flood insurance study, the flood boundaries shall be amended only to conform to changes previously approved by FEMA.

ii.

In areas outside of the boundaries of the flood insurance study, the boundaries of the FW and the FF districts shall be changed only upon the presentation of evidence, prepared by a registered professional engineer competent in open channel hydraulics, which shows clearly and conclusively that the boundaries of the districts, as mapped, are incorrect.

5.

Floodway fringe district (FF).

a.

Development standards. All uses or development in the FF shall comply with the following requirements:

i.

Permits. Development within a FF site shall only be permitted which is authorized by a floodplain development permit and one (1) of the following; a building permit, a manufactured home permit or a Special Review Use.

For waterways with base flood elevations for which a regulatory Floodway has not been designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1—30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one-half (½)foot at any point within the community.

ii.

Certificate of occupancy. No land shall be occupied or used and no building or manufactured home which is hereafter erected, placed, moved or structurally altered, shall be used or changed in use until the Chief Building Official or the Official's agent approves a certificate of occupancy stating compliance with the provisions of this Section.

iii.

New construction and substantial improvements:

(A)

All new construction and substantial improvements (including the placement of prefabricated buildings and manufactured homes) shall:

(1)

Be anchored to prevent flotation, collapse, or lateral movement of the structure and capable of resisting the hydrostatic and hydrodynamic loads;

(2)

Be constructed with materials and utility equipment resistant to flood damage; and

(3)

Be constructed by methods and practices that minimize flood damage.

(B)

All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

(C)

Manufactured homes that are placed or substantially improved within zones A1—30, AH, and AE on sites:

(1)

Outside of a manufactured home park or subdivision;

(2)

In a new manufactured home park or subdivision;

(3)

In an expansion to an existing manufactured home park or subdivision; or

(4)

In an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated on a permanent foundation such that the lowest floor of the manufactured home, together with attendant utility and sanitary facilities, is elevated to one (1) foot above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

(D)

Manufactured homes to be placed or substantially improved on sites in existing manufactured home parks or subdivisions within zones A1—30, AH, and AE that are not subject to the provisions of Subsection (A).(C).(3) of this Section shall be elevated so that either:

(1)

The lowest floor of the manufactured home, together with attendant utility and sanitary facilities, is at or above one (1) foot above the base flood elevation; or

(2)

The manufactured home chassis is supported by reinforced piers or other foundation elements that are no less than thirty-six (36) inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

iv.

Preservation of channel capacity. No use shall adversely affect the capacity of the channels or floodways of any tributary to the main stream, any drainage ditch, or any other drainage system or facility. Original channel capacity must be maintained in an altered portion.

v.

Subdivisions and other new development. All subdivisions and other new development shall meet the following requirements:

(A)

New residential lots shall not be platted in the FF.

(B)

All such activities shall be generally consistent with the need to minimize flood damage.

(C)

All public utilities and facilities, such as sewer, gas, electrical, and water systems, shall be located and constructed to minimize or eliminate flood damage.

(D)

Adequate drainage shall be provided to reduce exposure to flood hazards.

(E)

Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least fifty (50) lots or five (5) acres (whichever is less).

(F)

The boundaries of the FW and FF districts shall be shown upon preliminary and final subdivision plats. If a subdivision is located entirely within the FW or the FF districts, that information shall be stated on the Preliminary and Final Plats.

vi.

Water and sewage systems. New and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters.

vii.

On-site waste disposal systems. On-site waste disposal or treatment systems shall be located to avoid impairment to them or contamination from them during flooding.

viii.

Manufactured homes. All manufactured homes must be elevated and anchored to resist flotation, collapse or lateral movement and capable of resisting the hydrostatic and hydrodynamic loads. Methods of anchoring may include, but are not limited to, use of over the top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces. Manufactured homes shall be placed in the FF only upon the issuance of a manufactured home permit. Such a permit shall require that the placement of the manufactured home for which it is issued meets the following conditions:

(A)

The manufactured home shall be placed on a designated manufactured home space in a manufactured home park.

(B)

The manufactured home shall be anchored to the ground in the following manner:

(1)

Over the top ties shall be provided at each of the four (4) corners of the home. Homes at least fifty (50) feet long shall have two (2) additional ties per side at intermediate locations, and homes under fifty (50) feet long shall have one (1) additional tie per side.

(2)

Frame ties shall be provided at each corner of the home. Homes at least fifty (50) feet long shall have five (5) additional ties per side, and homes under fifty (50) feet long shall have four (4) additional ties per side.

(3)

All components of the anchoring system shall be capable of carrying a force of four thousand eight hundred (4,800) pounds.

(4)

Any additions to the manufactured home shall be similarly anchored.

ix.

Establishment of floodplain development permit. A floodplain development permit shall be obtained before construction or development begins within any area of special flood hazard established in Subsection 16.2.5.E.3.b. Application for a floodplain development permit shall be made on forms furnished by the administrative official and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:

(A)

Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures;

(B)

Elevation in relation to mean sea level to which any structure has been flood proofed;

(C)

Certification by a registered professional engineer or architect that the flood proofing methods for any non-residential structure meet the flood proofing criteria in Subsection 16.2.5.E.5.b.ii below; and

(D)

Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

x.

Enclosures. New construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:

(A)

A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided.

(B)

The bottom of all openings shall be no higher than one (1) foot above grade.

(C)

Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

xi.

Recreational vehicles. Require that recreational vehicles placed on sites within zones A1—30, AH, and AE on the Town's FIRM either:

(A)

Be on the site for fewer than one hundred eighty (180) consecutive days,

(B)

Be fully licensed and ready for highway use, or

(C)

Meet the permit requirements of Subsection 16.2.5.E.5.a.ix, and the elevation and anchoring requirements for "manufactured homes" in Subsection 16.2.5.E.5.a.viii. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions.

xii.

Below grade residential crawlspace construction. New construction and substantial improvement of any below grade crawlspace shall:

(A)

Have the interior grade elevation that is below base flood elevation no lower than two (2) feet below the lowest adjacent grade;

(B)

Have the height of the below grade crawlspace measured from the interior grade of the crawlspace to the top of the foundation wall, not to exceed four (4) feet at any point;

(C)

Have an adequate drainage system that allows floodwaters to drain from the interior area of the crawlspace following a flood;

(D)

Be anchored to prevent flotation, collapse, or lateral movement of the structure and be capable of resisting the hydrostatic and hydrodynamic loads;

(E)

Be constructed with materials and utility equipment resistant to flood damage;

(F)

Be constructed using methods and practices that minimize flood damage;

(G)

Be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed or located so as to prevent water from entering or accumulating within the components during conditions of flooding; and

(H)

Be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:

(1)

A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided;

(2)

The bottom of all openings shall be no higher than one (1) foot above grade; and

(3)

Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

b.

Uses permitted. Any use which is permitted by the underlying zoning district and those which involve fill, excavation, storage of materials or equipment, or construction or substantial improvement of a building or manufactured home park, is permitted upon approval of the necessary building permit, provided the use meets the requirements of Subsection A of this Section and the following requirements:

i.

Residential buildings. All new construction and substantial improvement of residential buildings shall be constructed on fill so that the lowest floor (including basement), together with attendant utility and sanitary facilities, is at least one (1) foot above the base flood elevation. The fill shall be at an elevation at least one (1) foot above the base flood elevation and shall extend at that elevation at least fifteen (15) feet beyond the limits of any structure or building erected thereon.

ii.

Non-residential buildings. All new construction or substantial improvement of non-residential buildings shall have the lowest floor (including basement), together with attendant utility and sanitary facilities, elevated one (1) foot above the base flood elevation, or together with attendant utility and sanitary facilities, be flood proofed so that below the base flood elevation, the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

iii.

Certification. Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the provision of this Subsection. Such certifications shall be provided to the official as set forth in Subsection 16.2.5.E.8.

c.

Storage of materials and equipment.

i.

The storage or processing of materials that are buoyant, flammable, or which in times of flooding could be injurious to human, animal or plant life, shall be at or above a point two (2) feet above the base flood elevation or in a building which has been flood proofed to a point two (2) feet above the base flood elevation.

ii.

The storage of materials or equipment which is not subject to major damage by floods and which are firmly anchored to prevent flotation or are readily removable from the flood hazard area within the time available after flood warning, may be permitted below the base flood elevation.

6.

Floodway district (FW).

a.

Special provisions. The following regulations, in addition to the requirements of Subsection 16.2.5.E.5.a shall apply to all uses within the floodway district. Additionally, a regulatory floodway is hereby adopted to which the following provisions shall apply:

i.

No new construction, placement or substantial improvement of existing buildings or manufactured homes shall be permitted.

ii.

No filling or excavating shall be permitted.

iii.

Storage of materials which are buoyant, flammable, or explosive, or which in times of flooding could be injurious to human, animal, or plant life, is prohibited.

iv.

No use shall be permitted which would result in any increase in the base flood elevation.

b.

Uses permitted by right. The following uses have low flood damage potential and, provided they do not obstruct flood flows, shall be permitted subject to the provisions of the underlying zoning and Subsection 16.2.5.E.5.a and Subsection 16.2.5.E.6.a above, provided they do not require structures, fill, excavation, or storage of materials or equipment:

i.

Agricultural uses such as general farming, truck farming, sod farming, plant nurseries, and horticulture.

ii.

Industrial and commercial uses such as loading areas and parking areas.

iii.

Open space.

iv.

Private and public recreational uses such as parks, picnic grounds, golf courses, driving ranges, swimming areas, wildlife and nature preserves, fishing areas, and trails for hiking, bicycling and horseback riding.

v.

Residential uses such as lawns, gardens, parking areas and play areas.

c.

Special Review Uses permitted. The following uses which involve structures other than buildings, fill, or storage of materials or equipment may be permitted only upon the approval and issuance a Special Review Use permit:

i.

Circuses, carnivals, and similar transient amusement enterprises.

ii.

Storage yards for equipment, machinery or materials, as long as such storage does not conflict with the provisions of Subsection 16.2.5.E.5.a.

d.

Provisions within floodways. Located within areas of special flood hazard established in Subsection 16.2.5.E.3.b are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potentials, the following provisions apply:

i.

Prohibit encroachments, including fill, new construction, substantial improvements, and other development, unless certification by a Colorado licensed, registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

ii.

If Subsection 16.2.5.E.6.d.i above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this Section.

7.

Special Review Use permits.

a.

Purpose. Certain uses may have an adverse impact when located in the floodplain because of their effect upon floods or because of the effect of flood upon them. The intent of the Special Review Use permit is to provide the means for review of such uses to assure that the purposes of this Section are met and the potential for adverse effects is minimized.

b.

Authority to grant a special review use. At a public hearing, the Board of Trustees, after review and recommendation by the Planning and Zoning Commission, shall hear and decide all requests for Special Review Use permits and construction application within the 100-year floodplain in the manner prescribed by this Section.

c.

Conditions for authorizing construction under a Special Review Use permit.

i.

Exceptions. Authorizations for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places may be issued without regard to the procedures set forth in the remainder of this Section.

ii.

Restrictions and limitations on issuance.

(A)

Special Review Use permits shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

(B)

Authorization shall be issued only upon a determination that the same is the minimum necessary, considering the flood hazard, to afford relief.

(C)

Authorization shall only be issued upon:

(1)

A showing of good and sufficient cause;

(2)

A determination that failure to grant the authorization would result in exceptional hardship to the applicant; and

(3)

A determination that the granting of an authorization will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.

(D) Lot size: Generally, Special Review Use permits may be issued for new construction and substantial improvements to be erected on a lot of one-half (½) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided Subsection 16.2.5.E.9.c have been fully considered. As the lot size increases beyond the one-half (½) acre, the technical justifications required for issuing the Special Review Use permits increase.

8.

Administration of provisions.

a.

Duties of administrative official. Duties and responsibilities of the Director of Public Works (i.e. Administrative Official) in carrying out the provisions of this Section shall include, but not be limited to, the following:

i.

The review of permits for proposed development to determine whether proposed building sites will be reasonably safe from flooding by a 100-year flood.

ii.

The review of permits for proposed development to assure that the permit requirements of this Section have been satisfied and that all necessary permits have been obtained from those federal, state or local agencies from which prior approval is required.

iii.

Notify adjacent communities and the Colorado Water Conservation Board prior to any alteration or relocation of a watercourse and submit evidence of such notification to the FEMA; require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.

iv.

The approval of certificates of occupancy for all lands in the FW and the FF upon verification that the premises and structures thereon conform with all of the requirements of this Section.

(A)

When there has been fill, excavation, erection or substantial improvement of a structure, or construction, enlargement or substantial improvement of a manufactured home park, the administrative official shall require the applicant to provide certification by a registered professional engineer or surveyor that the finished fill, excavation, building floor elevations, flood proofing measures, or other flood protection measures were accomplished in compliance with the provisions of this Section. Certification of the adequacy of the flood proofing of a non-residential use building may be provided by a registered architect in lieu of a professional engineer or surveyor.

(B)

The certification provided by the professional engineer or architect shall include the elevation (in relation to mean sea level) of the lowest floor (including basement) of all buildings that have not been flood proofed.

(C)

Records of all certificates provided by professional engineers or architects in compliance with this Section shall be maintained by the Town.

v.

The maintenance of records of all Special Review Use permits granted from the requirements of this Section, including justification for the granting of the Special Review Use permits.

vi.

An annual inspection of all properties in the FW and the FF district to assure conformance to the provisions of this Section and to all permits issued there under.

vii.

Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Subsection 16.2.5.E.9.

viii.

Review all floodplain development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of Subsection 16.2.5.E.6 are met.

b.

Use of other base flood data. When base flood elevation data has not been provided in accordance with Subsection 16.2.5.E.3.b, the administrative official shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source as criteria for new construction, substantial improvements or other development in Zone A in order to administer Subsection 16.2.5.E.5.a.

c.

Information to be obtained and maintained.

i.

The actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement, shall be obtained and recorded.

ii.

For all new or substantially improved flood proofed structures, the following shall be done:

(A)

Verify and record the actual elevation (in relation to mean sea level to which the structure has been flood proofed); and

(B)

Maintain the flood proofing certifications required in Subsection 16.2.5.E.5.a.ix(C).

iii.

All components of the anchoring system shall be capable of carrying a force of four thousand eight hundred (4,800) pounds.

iv.

Maintain for public inspection all records pertaining to the provisions of this Section.

d.

Approval or denial of a floodplain development permit. Approval or denial of a floodplain development permit by the Director of Public Works shall be based on all of the provisions of this Section and the following relevant factors:

i.

The danger to life and property due to flooding or erosion damage;

ii.

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

iii.

The danger that materials may be swept onto other lands to the injury of others;

iv.

The compatibility of the proposed use with existing and anticipated development;

v.

The safety of access to the property in times of flood for ordinary and emergency vehicles;

vi.

The costs of providing governmental, public or quasi-public services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems;

vii.

The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site;

viii.

The necessity to the facility of a waterfront location, where applicable;

ix.

The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; and

x.

The relationship of the proposed use to the Town's Comprehensive Master Plan for that area.

9.

Appeals.

a.

Authority. The board of adjustment shall hear and decide all appeals when it is alleged that there is an error in any requirement, decision or determination made by the administrative official in the enforcement or administration of this Section.

b.

Filing appeal. Any person alleging such an error shall file an appeal to the Board of Adjustment, in writing, within thirty (30) days from the determination of the administrative official, in which he shall set forth in detail a basis for such alleged error.

c.

Scope of appeal. In passing upon any appeal, the Board of Adjustment shall consider all technical evaluations, all relevant factors, all standards specified in other Subsections of this Section, and:

i.

The danger that materials may be swept onto other lands to the injury of others;

ii.

The danger of life and property due to flooding or erosion damage;

iii.

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

iv.

The importance of the services provided by the proposed facility to the Town;

v.

The necessity to the facility of a waterfront location, where applicable;

vi.

The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

vii.

The compatibility of the proposed use with existing and anticipated development;

viii.

The relationship of the proposed use to the Town's Comprehensive Master Plan and floodplain management program for that area;

ix.

The safety of access to the property in times of flood for ordinary and emergency vehicles;

x.

The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and

xi.

The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.

d.

Conditions of appeal. The Board of Adjustment may attach any reasonable conditions to authorizing construction within the 100-year floodplain that it deems necessary to further the purposes of this Section.

e.

Records kept. The Board of Adjustment shall maintain through its administrative officer the records of all appeal and application actions and report any decisions to the FEMA upon request.

f.

Further appeals to district court. The decision of the Board of Adjustment may be appealed to the appropriate County District Court, as provided in C.R.S. § 31-23-307, as amended.

10.

Penalties.

a.

Fine. Any person found guilty of violating any provision of this Section shall be punishable as provided in the municipal code. Each day that such violation continues to exist shall be considered a separate offense.

b.

Additional actions. In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, or used, or any land is or is proposed to be used in violation of this Section, the Town, in addition to other remedies provided by law, may institute an appropriate action to prevent, enjoin, abate, or remove the violation, to prevent the occupancy of the building, structure, or land, or to prevent any illegal act or use in or on such premises.

11.

Variance procedures.

a.

The Board of Adjustment as established by the Town shall hear and render judgment on requests for variances from the requirements of this Section.

b.

The Board of Adjustment shall hear and render judgment on a variance request only when it is alleged there is an error in any requirement, decision, or determination made by the administrative official in the enforcement or administration of this Section.

c.

Any person or persons aggrieved by the decision of the Board of Adjustment may appeal such decision as set forth in Subsection 16.2.5.E.9.

d.

The administrative official shall maintain a record of all actions involving a variance request and shall report variance requests to the FEMA upon request.

e.

Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this Section.

f.

Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (½) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in Subsection 16.2.5.E.8.d have been fully considered. As the lot size increases beyond the one-half (½) acre, the technical justification required for issuing the variance request increases.

g.

Upon consideration of the factors noted above and the intent of this Section, the Board of Adjustment may attach such reasonable conditions to the granting of a variance request as it deems necessary to further the purpose and objectives of this Section.

h.

Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

i.

Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

j.

Prerequisites for granting a variance request:

i.

Variances shall only be issued upon a determination that the variance request is the minimum necessary, considering the flood hazard, to afford relief.

ii.

Variances shall only be issued upon:

(A)

Showing a good and sufficient cause;

(B)

A determination that failure to grant the appeal would result in exceptional hardship to the applicant; and

(C)

A determination that the granting of a variance request will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

iii.

Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

k.

Variances may be issued by the Board of Adjustment for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that:

i.

The criteria outlined in Subsections 16.2.5.E.11.a through j, are met; and

ii.

The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

F.

Design overlay districts (DO).

1.

Purpose. Design overlay districts are intended to serve one or more of the following purposes:

a.

To implement land use and urban design recommendations and standards.

b.

To reinforce the desired character for newly developing or redeveloping areas.

c.

Ensure orderly and thorough planning and review procedures that will result in high-quality urban design.

d.

Encourage variety and avoid monotony in large developments by allowing greater freedom in selecting the means to provide access, light, open space, and amenity.

e.

To provide uniform standards for mitigating the impact of more intensive uses adjacent to less intensive uses.

f.

Provide a mechanism for considering mixes of uses that can be made compatible by application of careful and imaginative treatment of interrelationships of activity.

g.

To provide for the enactment of urban design standards for specific segments of designated parkways and boulevards, and areas with cohesive design characteristics.

h.

To implement design standards in a geographically specific area or multiple areas or districts with similar conditions and objectives throughout the town.

2.

Applicable standards and modifications allowed.

a.

Applicable standards—In general. A design overlay zone district includes standards that modify otherwise applicable standards in the underlying zone district. Modifications include but are not limited to reducing or increasing a quantitative zoning standard, such as building height or setback standards, and may include new zoning standards not otherwise applicable in the underlying zone district.

b.

Applicable standards—Exceptions. All development and design standards applicable to new development in the underlying zone district may be modified, except there shall be no variation of:

i.

The underlying zone districts maximum density requirements;

ii.

Parking requirements;

iii.

Public street and alley standards;

iv.

Exterior lighting standards;

v.

Operational standards;

vi.

Parks, open space and trails dedication requirements;

vii.

Natural and scenic resource protection requirements;

viii.

Abandoned mine requirements;

ix.

Oil and gas wells and production facility requirements;

x.

Floodplain protection; and

xi.

Stormwater requirements.

G.

Use overlay districts (UO).

1.

Purpose. Use overlay districts are a vehicle to permit specific land uses in delineated parts of the Town that otherwise are prohibited in a variety of underlying zone districts and portions of zone districts. The purpose of the adult use overlay zone districts created herein is to maintain the status quo of entitlement relating to the establishment, maintenance, and operation of adult uses as those rights existed before adoption of this FDC.

2.

Modification of underlying zone district standards.

a.

Modification of permitted uses allowed.

i.

A use overlay district may be used to add to the specific permitted uses in the underlying zone district.

b.

Applicable standards—Modifications not allowed.

i.

All of the provisions of the underlying zone district shall be in full force and effect, and shall not be modified by the provisions of the applicable overlay zone district.

3.

Limitation on applicability of use overlay zone districts. The Adult Use Overlay District may be applied to properties through a rezoning application approved after adoption of this FDC.

4.

Adult use overlay district (UO-1).

a.

There is hereby created a use overlay district designated as the adult use overlay district, and the provisions of this UO-1 district shall apply only to those areas within this FDC's LI—Light Industrial Zone District that is designated with the UO-1 Zone District on the official zone map and located south of WCR 20 and West of Colorado Boulevard.

b.

Allowance for adult business uses. Notwithstanding the limitations applicable in the underlying zone district, adult business uses, as defined by this FDC, shall be permitted in this overlay zone district.

c.

Distance and spacing requirements. All adult business uses shall comply with the following distance and spacing requirements, shown in the table below.

5.

Manufactured home park use overlay district (UO-2).

a.

There is hereby created a use overlay district designated as the manufactured home park use overlay district, and the provisions of this UO-2 district shall apply only to those areas within the R-A low-density residential zone district that are designated with the UO-2 zone district on the official zone map and located east of Weld County Road 17.

b.

Allowance for manufactured home park uses. Notwithstanding the limitations applicable in the underlying zone district, manufactured home park uses, as defined by this FDC, shall be permitted in this overlay zone district.

c.

General provisions.

i.

All manufactured homes and manufactured home parks shall conform to the R-A zone district and single-family residential standards of this FDC, unless otherwise modified by this section.

ii.

All manufactured home parks shall conform to the Town of Firestone Design Standards and Construction Specifications for Public Improvements (Standards and Specifications).

iii.

All manufactured homes shall be located only in a manufactured home park, as defined by this FDC.

iv.

Existing manufactured homes, whether located within or outside of a manufactured home Park, shall be deemed conforming as of the effective date of this FDC. Existing manufactured homes shall only be upgraded or replaced with newer and higher quality contemporary manufactured homes.

v.

Permitted principal uses. The following uses shall be permitted within a manufactured home park:

(A)

Any single-family dwelling unit regardless of its method of assembly, including Type 1 and Type 2 manufactured homes, module homes assembled after 1976, factory built homes or on-site built homes, provided such dwelling unit has been constructed no more than ten years prior to the effective date of this FDC.

(B)

Community center.

(C)

Group care facilities.

vi.

Permitted accessory uses:

(A)

Uses that are customarily incidental to any of the permitted principal uses and are located on the same lot or on an adjacent lot.

(B)

Recreational facilities.

d.

Development standards.

i.

All manufactured homes are required to meet the provisions of C.R.S. Section 24-32-3301 et seq., as amended, and the Colorado Division of Housing administrative rules set forth in 8 C.C.R. 1302-14, as amended, which provide for comprehensive regulation of the installation of manufactured homes to ensure the safety, affordability and performance of such dwelling units.

ii.

All interior streets shall meet all adopted Town standards and specifications.

iii.

Interior streets, parking areas and walkways shall be adequately lighted to provide safe movement of vehicles and pedestrians at night.

iv.

Landscaping that complies with the provisions set forth in this FDC shall be submitted as part of the required final development plan for the park. All setback areas, with the exception of driveways and sidewalks, and other open space shall be landscaped to soften the exterior appearance of the mobile home park.

v.

All manufactured homes shall be skirted between the floor and the ground surface with durable, all-weather construction as manufactured specifically for covering the undercarriage area of the mobile home.

vi.

All manufactured homes constructed on existing lots located in the floodplain shall be installed on a permanent foundation.

e.

No replacement manufactured home shall be moved onto any lot, unless such manufactured home is certified pursuant to the "National Mobile home Construction and Safety Standards Act of 1974", 42 U.S.C. § 5401 et seq., as amended, or is certified by the Colorado Division of Housing pursuant to C.R.S. Section 24-32-3301, et seq. and any administrative rules promulgated thereunder. A manufactured home presently located within a manufactured home park that is relocated within the same manufactured home park is exempted from the requirements of this section.

(Ord. No. 1003, § 2, 12-8-2021; (Ord. 982 Att., 2020)