Firestone City Zoning Code

CHAPTER 6

Development and Design Standards

Sections:

16.6.1 - General provisions.

Purpose. The standards in this Chapter apply to the physical layout and design of development in the Town. These provisions address the physical relationship between development and adjacent properties, public streets, neighborhoods, and the natural environment. The general intent is to implement the Town's Comprehensive Master Plan vision of an attractive, efficient, and livable community that features stable neighborhoods and promotes a mix of uses in well-designed community focal points. The specific purposes of this Chapter include:

To encourage the proper use of the land by promoting an appropriate balance between the built environment and the preservation and protection of open space and natural resources;

To protect public and private investment through preservation of open spaces, protection of natural resources including existing trees, providing buffers between incompatible uses and along roadways, and encouraging the planting of new trees and vegetation as deemed appropriate;

To promote sound management of water quality and quantity through preservation of natural areas and by encouraging the use of native plant materials;

To provide appropriate standards to ensure a high quality appearance for the Town and promote good design while also allowing flexibility, individuality, creativity, and artistic expression;

To strengthen and protect the image, identity, and unique character of the Town and thereby to enhance its business economy;

To encourage high quality retail commercial businesses that provide positive sustainable revenue sources to the Town;

To protect and enhance residential neighborhoods, commercial districts, and other areas by encouraging physical development that is of high quality and is compatible with the character, scale, and function of its surrounding area; and

To encourage developments that relate to adjoining public streets, open spaces, parks, trails, and neighborhoods with building orientation and physical connections that contribute to the surrounding network of streets and walkways.

Applicability. This Chapter shall apply to new development including modification to existing development in the Town with the exception of individual single-family residential lots and structures existing before the adoption of this FDC. Individual single-family residential lots and structures existing before the adoption of this FDC shall be subject to the following Sections of this Chapter: Sections 16.6.4; 16.6.6; 16.6.11; and 16.6.12. Single-family lots that change use from single-family to another use or lots that further subdivide to create additional lots are subject to the standards of the entire Chapter.

Alternative equivalent compliance.

Purpose. Alternative equivalent compliance is a procedure that allows development to occur where the intent of the design-related provisions of this Chapter is met through an alternative design. It is not a general waiver of regulations. Rather, the procedure permits a site-specific plan that is equal to or better than the strict application of a design standard.

Applicability. The alternative equivalent compliance procedure shall be available only for the following Sections of this Chapter:

Section 16.6.4, Landscaping, screening, and fencing;

Section 16.6.7, Residential use category design standards;

Section 16.6.8, Commercial and public/institutional use categories design standards;

Section 16.6.9, Manufacturing and light industrial use categories design standards; and

Section 16.6.12, Signs.

Pre-application conference required. An applicant proposing to use alternative equivalent compliance under this Section shall request and attend a pre-application conference prior to submitting a subdivision or Final Development Plan application for the development, to determine the preliminary response from the Director. The pre-application conference shall be conducted as set forth in Subsection 16.7.2.A of this Title. Based on the Director's response, the subdivision or Final Development Plan application shall include sufficient explanation and justification, in both written and graphic form, for the alternative equivalent compliance requested. For applications identified in Table 7.1 wherein Town Staff has the decision-making responsibility;

Decision-making responsibility. Final approval of any alternative equivalent compliance proposed under this Section shall be the responsibility of the decision-making body responsible for deciding upon the application. Use by-right projects proposing alternative equivalent compliance shall require only written approval of the alternative equivalent compliance from the Director.

Criteria. To grant approval for alternative equivalent compliance, the decision-making body shall find that the following criteria are met:

The proposed alternative achieves the intent of the subject design standard to the same or better degree than the subject standard.

The proposed alternative substantially achieves the goals and policies of the Town's Comprehensive Master Plan to the same or better degree than the subject standard.

The proposed alternative results in benefits to the community that are equivalent to or better than compliance with the subject design standard.

Effect of approval. Alternative equivalent compliance shall apply only to the specific site for which it is requested and shall not establish a precedent for assured approval of other requests.

16.6.2 - Natural and scenic resource protection.

General site design requirements to protect natural and scenic features.

Purpose. The purpose of this Section is to:

Protect and enhance the natural and man-made features that contribute significantly to the Town's scenic quality and small-town character, including: varying topography and hillsides, reservoirs, stream corridors, floodplains, irrigation ditches, wetlands, native and specimen trees and vegetation, wildlife habitat and corridors, dramatic view corridors to the mountains, historic or cultural sites, and other significant features; and

Preserve the topographic features of individual development sites.

Applicability. This Subsection shall apply to all new development in the Town.

Design standards.

To the maximum extent reasonably practicable, where significant natural features or areas of historic or cultural value exist on a property or an adjacent property and have been identified in the required submittal documents, an applicant shall give priority to their preservation through required public open space dedication or as common private open space.

Priority for protection shall be given to the following features which are not listed in their order of significance:

Wetlands;

ii.

Floodplains and natural drainage ways;

iii.

Reservoirs, stream corridors, and other bodies of water;

iv.

Prominent valleys;

Native and specimen trees and vegetation;

vi.

Significant slopes;

vii.

Historically significant irrigation ditches or those ditches integrated with existing or planned trail systems;

viii.

Historic, cultural, or archeological sites, buildings, or areas recognized by the town or other government agency as significant;

ix.

Significant wildlife corridors and habitat;

Sites with federally or state-recognized endangered species; and

xi.

Other significant and/or unique features.

To the maximum extent reasonably practicable, developments shall be designed in a manner that preserves the natural topography of the site and minimizes the use of cut and fill.

Grading or other land disturbance prior to the issuance of a grading permit is prohibited.

Water courses and ditches.

Preservation of existing main ditches. Existing irrigation ditches shall be incorporated in subdivision plats and preserved as open space areas to the maximum extent reasonably practicable. This requirement shall apply only to residential subdivision plats where a main ditch or any of its branches that receives water directly from a river or an original source of supply, not to lateral ditches leading from a main ditch.

Above-ground main ditches. All development shall be setback a minimum of seventy-five (75) feet from the centerline of an above-ground main ditch on both sides (one hundred fifty (150) feet total width) unless the applicant submits a study demonstrating to the Town's satisfaction that by the nature of the use of the ditch, safety considerations, and other factors, the ditch should be covered, piped, or otherwise treated. The one hundred fifty-foot setback area shall be located in a non-buildable tract in residential development or residentially zoned property. The Town may consider either a one hundred fifty-foot minimum width non-buildable tract or one hundred fifty-foot easement for a ditch in a non-residential development or non-residential zoned property.

St. Vrain Creek. All development, excluding parks, open space, trails and associated uses and structures, shall be setback a minimum of two hundred fifty (250) feet from the centerline of St. Vrain Creek on both sides (five hundred (500) feet total). The owner shall create an open space tract over the setback area. If the floodplain extends outside of this setback, such setback areas shall also include land encumbered by the extents of the floodplain within the project area.

Existing platted lots within two hundred fifty (250)feet of the centerline of St. Vrain Creek shall be exempt from complying with this setback requirement.

Tree and vegetation protection.

Purpose. Protection of existing native and specimen tree and vegetation cover is intended to preserve the visual and aesthetic qualities of the Town; to encourage site design techniques that preserve the natural environment and enhance the developed environment; to control erosion, and sediment run-off into streams, creeks, and rivers; and to protect and increase the value of properties within the Town.

Applicability. This Subsection shall apply to all new development in the Town.

Survey/protection plan.

When required. All proposed development subject to this Subsection 16.6.2.C, shall prepare and submit a landscape plan identifying existing and protected trees with the Final Development Plan or Preliminary Plat application.

Contents. As a part of any Final Development Plan required by this FDC, the landscape plan shall contain sufficient detail to enable the Town to verify compliance with this Section. The landscape plan shall, at a minimum, include the following information:

The height and caliper of the existing trees on the site;

ii.

The species of each tree;

iii.

The general appearance of the trees with regard to health;

iv.

Areas of native vegetation, wetlands, and riparian areas.

Prepared by knowledgeable professional. Landscape plans shall be prepared by a professional landscape architect.

Relationship to landscaping requirements. Development shall meet the requirements of this Section, in addition to the requirements of Section 16.6.4. However, any existing trees or vegetation that are in appropriate locations, in sufficient quantities, and of acceptable quality to be utilized to fulfill landscaping or buffering requirements of this FDC shall be preserved to the maximum extent practicable and shall result in corresponding credit against any additional landscaping required.

Standards for tree protection and replacement.

Tree retention generally. To the maximum extent reasonably practicable, healthy trees in locations that reasonably avoid conflict with the development shall be retained.

Tree protection before and during construction. As part of the required landscape plan, protection measures including but not limited to flagging, protective fencing, boring, trenching separation, and general methods shall be identified for trees designated for protection taking place prior to construction and during construction. Protection measures shall prohibit the storage of materials, vehicular traffic, grade changes, and any other activities that would impact the health of the protected tree. The protection measures shall be maintained until construction activities around the protected trees are complete.

Community gateways.

Applicability. This Section shall apply to all new development in the Town.

Standards for community gateway corridors. Along the following gateway corridors, the following additional standards shall apply to protect distinct entryways into the community:

Arterials and section line roadways.

A minimum thirty (30) foot landscaped buffer shall be maintained on either side of the arterial or section line roadway and located in a tract when adjacent to residential subdivisions and within a tract or non-exclusive landscape easement when adjacent to non-residential subdivisions. This buffer should utilize a variety of live plant material and berming to provide year-round visual interest. A minimum ten (10) foot wide sidewalk shall be incorporated as an integral component of the landscape buffer and landscape area within the right-of-way.

ii.

Single-family detached residential lots shall be set back a minimum of one-hundred fifty (150) feet from the right-of-way along Firestone Boulevard west of Colorado Boulevard.

iii.

All fencing facing the arterial or section line roadway shall be a maximum of four (4) feet in height and should have an open character, such as split rail or picket. Opaque fencing is prohibited.

iv.

Parking shall be screened to the greatest extent reasonably practicable from the arterial or section line roadway using a combination of berming, walls, fencing and landscaping with a minimum cumulative height of three (3) feet. Such berming or screening walls and fencing may be located within the landscaped buffer prescribed in this section. Parking, internal drives or streets may not extend into the landscape buffer excepting access drives from the right-of-way running perpendicular to the arterial or section line roadway.

Garages and carports may not be used as a screen or barrier between the arterial or section line roadway and a development site.

(Ord. No. 1022, § 6, 12-14-2022; Ord. No. 1003, § 13, 12-8-2021)

16.6.3 - Parks, open space, and trails.

Purpose. This Section is intended to regulate the planning, development, construction, preservation, and maintenance of parks, open space, and trails throughout the Town. Parks, open space, and trail regulations are intended to preserve natural areas and resources, preserve scenic views, provide access to open areas and recreational opportunities, create public health benefits, and generally enhance the quality of life for residents. Particular emphasis should be placed on providing a diversity of parks, trails, and open space opportunities that serve residents of all ages and abilities and that are accessible from a variety of locations within the community.

Park land dedication, construction and Neighborhood Park construction fee.

Purpose. This Section is intended to provide lands and construction of parks for park demand generated by new residential subdivisions to ensure that new development bears the proportionate share of the costs of capital expenditures necessary to provide Pocket, Neighborhood, and Community Parkland and related parks and recreation capital facilities.

Applicability. Any person applying for a preliminary, final, or minor plat for development of any area zoned and to be used for residential purposes in the Town for which subdivision approval under Subsections 16.7.6.C, 16.7.6.D, and 16.7.6.E is required, shall, as a condition precedent to the approval of the subdivision, dedicate a portion of land toward a community goal of eight and one-half (8½) acres of park land per one thousand (1,000) residents, shall construct and provide such park and recreation capital facilities in accordance with this Section, and shall pay the Neighborhood Park construction fee in accordance with this Section.

Amount of park land to be dedicated.

The amount of park land dedicated shall not be less than eight and one-half (8½) acres of park land per one thousand (1,000) residents within the development. Projections shall be based on current Town housing and population data available from the department. The following formula shall be used for determining the amount of parkland to be dedicated:

8.5 acres X (number of dwelling units) X (persons per dwelling unit)
1,000

= area to be dedicated

The distribution of this land should generally be as follows:

Pocket parks: one-half (½) acres/one thousand (1,000) residents.

ii.

Neighborhood parks: three (3) acres/one thousand (1,000) residents.

iii.

Community parks: five (5) acres/one thousand (1,000) residents.

The Board of Trustees shall have discretion to re-allocate acreage within the Neighborhood Park and Community Park categories for the benefit of the community.

The Director shall determine the number of persons per dwelling unit based upon data compiled by the Town at least once every five (5) years, which shall be reviewed and adjusted by the Board of Trustees as necessary to reflect current figures.

The developer shall submit with each subdivision plat for multi-family residential development information concerning the number of dwelling units. Should the developer fail to do so, the Planning and Development Department shall assume the highest density permitted in such multi-family residential district.

Improvement of dedicated land. Pocket and Neighborhood Parkland required to be dedicated pursuant to this Section shall be improved in accordance with Subsection 5 below.

Characteristics of park land to be dedicated and constructed.

Standard criteria for Pocket, Neighborhood, and Community Parks. To the maximum extent reasonably practicable, park land to be dedicated shall be generally consistent with the standard characteristics of parks identified in the Town's Comprehensive Master Plan and the Town's Park, Open Space and Trails (POST) Master Plan.

Pocket parks. Pocket parks provide opportunities for passive outdoor recreation at a sub-neighborhood scale. Pocket parks shall be located within one-quarter (¼) mile of the residences they are intended to serve and may include lawn areas, picnic shelters and tables, play equipment, artwork or other amenities that are appropriate for the demographics and types of activities that the neighborhood may desire. Pocket parks shall be:

(A)

One-quarter (¼) acre to two (2) acres in size;

(B)

Centrally located within sub-neighborhoods served;

(C)

Bordered on at least one (1) side by public streets (excluding major collector, section line, and arterial streets) to provide easy public access, visual surveillance, and on-street parking;

(D)

Accessible from the surrounding neighborhoods using sidewalks and/or trails;

(E)

Pocket parks shall be owned and maintained by an HOA or metropolitan district;

(F)

Pocket parks shall be platted with a dedicated public access easement;

(G)

Each Pocket Park within a subdivision shall be unique and thematically different from other Pocket Parks within the subdivision; and

(H)

Pocket Parks shall be constructed to POST Master Plan requirements and the Town's Standards and Specifications.

ii.

Neighborhood parks. Neighborhood parks shall provide places for recreation and gathering places within approximately one-half (½) mile from most residences being served. Neighborhood parks may include multi-use lawn areas, picnic areas, playground equipment, small court games, community gardens and playing fields and facilities as appropriate. Neighborhood parks shall be:

(A)

Of a size determined by Subsection 16.10.6.3.B.3 above, but not less than a minimum size of seven (7) acres;

(B)

Centrally located within or adjacent to the neighborhood(s) served;

(C)

Bordered on at least two (2) sides by public streets (excluding arterial or section line streets) to provide easy public access, visual surveillance and parking;

(D)

Accessible from surrounding neighborhoods by sidewalks and/or trails;

(E)

As reasonably practicable, parks shall be integrated into the Town's overall open space, parks, and trail system;

(F)

At the time of Preliminary Plat approval, the developer shall provide the Town with a master concept plan for the Neighborhood park, which shall include all of the park's amenities. The park design and amenities included within the master concept plan shall be coordinated with and determined by the Town and shall be subject to, and contingent upon, approval and acceptance by the Town.

At the time of final plat approval in which the Neighborhood Park is located, the developer shall, in coordination with Town staff, refine the master concept plan and develop corresponding construction documents in conformance with the Town's Standards and Specifications and subject to Town Staff review and approval.

At the time of the subdivision's construction, the developer shall construct the Neighborhood Park. Construction of the Neighborhood Park shall be at the sole expense of the developer as an obligation of, and as part of, the development of the residential subdivision. The Neighborhood Park shall be constructed pursuant to the Town approved construction documents and the Town Standards and Specifications. The developer shall additionally be responsible for the cost of grading, grass, irrigation and water taps and raw water acquisition and fees for the Neighborhood Park. If available, the developer shall connect the park's irrigation system to the Town's reuse water system and pay the fees and costs associated therewith; and

(G)

Neighborhood parks shall be owned by the Town. Maintenance of Neighborhood Parks shall be the responsibility of the applicant, developer, HOA, or metropolitan district as applicable until construction acceptance by the Town of the Neighborhood Park improvements by the developer.

iii.

Community parks. Community parks serve multiple neighborhoods and focus on the recreational needs of the whole community. They provide opportunities for organized recreational activities as well as maintain a balance between programmed sports facilities and other community activity areas, such as performance areas, festival spaces, gardens, water features, etc. that have broad appeal for community and regional events and gatherings. Community parks shall be:

(A)

A minimum size of thirty (30) acres;

(B)

Sited in an area level enough to accommodate play fields or recreational facilities as needed;

(C)

Accessible from a major collector or arterial street;

(D)

As reasonably practicable, parks shall be integrated into the Town's overall open space, parks, and trail system; and

(E)

Community parks shall be owned. The Town shall assume the responsibility of development of all Community Parks.

Additional criteria for park land dedications. Except as otherwise required by the Board of Trustees at the time of Preliminary Plat approval, all dedications of land under this Section shall meet the following criteria. These criteria should be considered general guidelines to ensure that dedicated land is suitable for park development.

Usability. In general, the dedicated land required by this Section shall be well-drained and suitable for playing fields, recreational facilities, and amenities as designed or intended for design for the specific park. Such park land shall be generally free of encumbrances.

ii.

Connectivity. All dedicated land shall, to the maximum extent reasonably feasible, be linked to parks, open space, and trails or adjacent parcels to form a connected system throughout the Town.

iii.

Environmental considerations. All parks should be located, designed, constructed, and maintained to minimize environmental impacts.

iv.

Water rights. Water rights sufficient to irrigate and serve the intended uses of the dedicated park land shall be transferred to the Town prior to the recordation of the final plat.

Areas not eligible. Lands within the following areas shall not be accepted to meet the minimum requirements for park land dedication:

(A)

Private yards;

(B)

Public or private streets or rights-of-way not intended for park, open space, or trail-related purposes;

(C)

Open parking areas and driveways for dwelling units not intended for park, open space, or trail-related purposes;

(D)

Streetscape or landscape buffers and median strips;

(E)

Easements and/or related utilities or uses that inhibit the ability to develop, program, or maintain the park for its intended purposes;

(F)

Oil and gas wells and facilities setbacks;

(G)

Stormwater detention and water quality ponds greater and sumps;

(H)

Mine shafts and associated setbacks;

(I)

Irrigation ditches, railroad right-of-way, and stormwater channels;

(J)

Areas encumbered by environmental hazards or restrictions; and

(K)

Land located within floodplain or floodway.

Method of dedication of parkland.

The dedication of parkland shall be reviewed and approved as part of the Preliminary Plat and accepted as part of the final plat. The subdivider or developer shall designate on the Preliminary Plat and final plat the area or areas of land to be dedicated pursuant to this Section.

The subdivider or developer shall convey to the Town Neighborhood Park and Community Park land by means of a final plat dedication, and the land dedicated to the Town shall be free and clear of all liens and encumbrances including real property taxes prorated to the time of conveyance. The subdivider or developer shall convey to the HOA, metro district, or such other governmental entity Pocket Park land by means of a final plat dedication or warranty deed, free and clear of all liens and encumbrances, including real property taxes prorated to the time of conveyance. The deed shall be submitted prior to final plat recordation, or as directed by the Town.

Cash payment in-lieu-of neighborhood or Community Park land dedication requirement.

Applicability. If there is insufficient acceptable land available within the subdivision to satisfy the Neighborhood Park or Community Park land dedication requirements based upon the park standards in this Section, that the expansion of adjacent park facilities would be more appropriate to satisfy the need created by the proposed development than land within the proposed development, or in cases in which the cash value of park land dedication is deemed, by the Board of Trustees, to be more appropriate in satisfying the park demands generated by the proposed development, the owner, subdivider or developer shall pay a cash fee, or transfer other suitable property, in lieu of neighborhood or community parkland dedication requirements. This cash-in-lieu of dedication fee will be calculated at the time of payment based upon the fair market value of the land which was otherwise to be dedicated. A per square foot land value will be determined by the Town by means of an appraisal, if available, or by comparing the cash value of comparably zoned land in the county. The cash-in-lieu fee shall be paid and collected prior to or upon the recording of the final plat, unless a different time of payment is otherwise provided in the subdivision agreement. If the Board of Trustees determines to accept other property instead of, or as a partial payment toward the cash payment hereunder, the fair market value of the other property shall be used as the basis of the satisfaction of the requirement.

Payment into parks capital fund. Cash-in-lieu of parkland dedication monies shall be deposited into the capital projects fund.

Administration of Parks Capital Fund. Cash-in-lieu of parkland dedication monies shall be used solely for the purchase, acquisition, development or improvement of new neighborhood or community parks in the Town, including purchases of new park site equipment and plantings related to the provision of such parks, which may benefit the residents of the Town in general, as such improvements are described in the POST Master Plan as amended. The Town shall account for all money deposited to the fund, which may be expended for such purposes.

Neighborhood Park construction fee.

Applicability. If the Board of Trustees determines the dedication and improvement of land for a Neighborhood Park within the subdivision is inconsistent with the Town's Comprehensive Master Plan or POST Master Plan, the acreage proposed for dedication is less than the amount required to provide a usable park, or that the expansion of adjacent park facilities would be more appropriate to satisfy the need created by the proposed development than land within the proposed development, the subdivider or developer shall pay to the Town a cash fee in lieu of subdivider or developer's obligation to construct and complete the required Neighborhood Park improvements for the proposed residential development in an amount equal to the average cost per acre to improve land as a Neighborhood Park in accordance with this Section. This cash-in-lieu of development fee will be established by the Board of Trustees by resolution and consistent with the criteria of the POST Master Plan. The cash-in-lieu fee shall be paid and collected prior to the recording of the Final Plat, unless a different time of payment is otherwise provided in the subdivision agreement.

Payment into capital projects fund. All fees collected under this section shall be deposited into the Town's capital project fund under a separate Neighborhood Park construction fee account. Funds withdrawn from the account shall be used only for the purposes specified in Subsection (a) of this Section and said expenditures shall be subject to the provisions of this Section.

Administration of Neighborhood Park construction fee account. All fees collected under this Section shall be used solely to finance or to recoup the costs of any capital improvement related to the provision of Neighborhood Parks. Eligible costs which may be paid from revenues derived from such fees may include, without limitation, planning, design, surveying, permitting and engineering costs; the cost of purchasing or leasing real property; construction costs; water rights acquisition; other capital improvement costs; and the costs of administering the collection and expenditure of the fees. The proceeds of such fees may also be used to pay the principal sum and interest and other finance costs on bonds, notes or other obligations issued by or on behalf of the Town to finance such capital improvements.

Fees collected under the provisions of this Section shall not be used to pay for costs incurred for the repair or maintenance of existing or new Neighborhood Parks or facilities expansions, or costs incurred for the ongoing administration or operation of the funded and constructed Neighborhood Parks. All fees collected pursuant to this Subsection shall be appropriated by the Board of Trustees for expenditure within seven (7) years from the date of payment of such fees and shall be expended by the Town for purposes approved herein within ten (10) years of the date of payment. Any fees not so appropriated or expended shall be refunded, upon application, to the record owner of the property for which the fee was paid or, if the impact fee was paid by another governmental entity, to such governmental entity; provided, however, that the Town shall retain two (2) percent of the fee to offset the cost of refund.

Open space dedications and fees in-lieu.

Intent. The intent is of this section is to provide land for active and specialized recreation on trails, land for open space, land for the preservation of unique landforms or natural areas, to help organize and direct growth, maintain rural character, protect sensitive environmental areas, scenic views and historic resources, and provide opportunities for education, wildlife protection and observation, hiking, and other passive and active recreation activities for existing and future Town residents.

Applicability. Any person applying for a preliminary, final, or minor plat for development of any area zoned and to be used for residential purposes in the Town for which subdivision approval under Subsections 16.7.6.C, 16.7.6.D, and 16.7.6.E is required shall, as a condition precedent to the approval of the subdivision, dedicate: (1) a portion of land toward a community goal of fourteen (14) acres of open space per one thousand (1,000) residents; or (2) pay an in-lieu fee pursuant to Subsection 16.6.3.C.6.

Amount of open space to be dedicated.

The amount of open space to be dedicated shall not be less than fourteen (14) acres of open space land per one thousand (1,000) ultimate residents of the development. Projections shall be based on current Town housing and population data available from the department. The following formula shall be used for determining the amount of land to be dedicated:

14 acres X (number of dwelling units) X (persons per dwelling unit)
1,000

= area to be dedicated

Characteristics of open space to be dedicated.

Standard criteria for open space. Open space is characterized as undeveloped land that is generally permanently maintained in a natural or agricultural state. Open space land shall have the following characteristics:

A minimum of ten (10) contiguous acres.

ii.

A parcel that is no less than three hundred (300) feet at the narrowest width, unless the Town approves a lesser amount for a trail.

iii.

Organized to create continuous, integrated systems that physically and visually connect with the following features dedicated or identified in the POST Master Plan.

(A)

Parks and greenways;

(B)

School sites;

(C)

Historic, cultural, archeological or environmental sites and features; and

(D)

Trail and open space systems.

iv.

At the point of connection to adjacent lands or uses as described above and where topography or other site features would prevent the above standards from being met, the point of connection between open spaces may be reduced at the discretion of the Town.

Trail corridors outside of open space areas shall have a minimum corridor width of thirty (30) feet.

vi.

Open space shall not consist of undevelopable or "left-over" pieces of the site, but shall be designed as an integral part of the overall development plan, incorporating identified environmentally and historically significant components of the site.

vii.

Generally unencumbered by utility lines, built structures, and paved surfaces.

viii.

If the Town has not approved the open space dedication for agricultural purposes, then the property shall be covered with native vegetation and generally free of weeds and other noxious plants and trees. If land being dedicated is not in a native condition acceptable to the Town, then applicant shall be responsible for restoration of the property to native vegetation before the Town accepts it for maintenance.

ix.

Typically, open space shall be owned and maintained by the Town. The Town may consider a conservation easement as an alternative. Approval of a conservation easement shall be at the discretion of the Town approving body. The Town may consider maintenance by an HOA, metro district, or similar entity as determined at final plat.

Permissible functions/use. Open space shall serve one or more of the following functions:

Preserving rural/agricultural land;

ii.

Producing crops for revenue;

iii.

Protecting significant archeological, historic and cultural resources;

iv.

Providing aquatic, wetland and riparian habitat and buffers;

Providing hedgerows, feeding, cover, breeding, foraging and nesting habitat;

vi.

Preserving native wildlife habitat and their migration and travel corridors;

vii.

Creating and preserving pastoral-scenic views to mountains, plains, and agricultural lands;

viii.

Providing corridors and natural area destinations;

ix.

Providing passive recreational experiences and trails;

Providing environmental education opportunities;

xi.

Shaping growth; protecting landmark topographic features;

xii.

Protecting the public from natural and geologic hazards; providing visual and physical linkages between community resources; and

xiii.

Uses identified in Table 3.1.

Resource preservation. To the maximum extent practicable, where significant natural and scenic resource assets exist on a property, the subdivider, developer, or owner shall give priority to their preservation as open space. In reviewing the proposed location of open space areas, the Director shall use all applicable plans, maps, and reports to determine whether significant resources exist on a proposed site that should be protected, with priority being given to the following areas (which are not listed in a particular order):

Floodplain and floodway areas;

ii.

Lakes, rivers, creeks, wetlands, stream/riparian corridors, sump basin and similar features;

iii.

Wildlife habitat and migration corridors;

iv.

Native and specimen trees and plants; and

Ditches and resources of historical, cultural, or archaeological significance.

Water rights. Water rights sufficient to irrigate and serve the intended uses of the dedicated open space shall be transferred to the Town prior to the recordation of the final plat.

Environmental considerations. All open space and trails should be located, designed, and maintained to minimize environmental impacts.

Areas not eligible. Lands within the following areas shall not be counted towards required open space dedication:

Private yards;

ii.

Public or private streets or rights-of-way not intended for open space-related purposes;

iii.

Open parking areas and driveways not intended for open space and trail purposes;

iv.

Pocket, Neighborhood, and Community parks;

Land covered by structures not intended for open space purposes;

vi.

Streetscape, landscape buffers, or medians;

vii.

Easements and/or related utilities or uses that inhibit the ability to develop, program, or maintain the open space for its intended purposes;

viii.

The first one hundred fifty (150) feet of oil and gas well and facility setbacks or the setback as identified in a Surface Use Agreement (SUA), whichever is greater; and

ix.

Stormwater channels, detention and water quality ponds, and sump basins unless such drainage areas are regional in nature, designed to be natural in form, and integrated into the adjacent open space consistent with Section 16.6.3.C.4.b above.

Procedure and method for dedication of open space.

The dedication of open space shall be reviewed and approved as part of the Preliminary Plat and accepted as part of the final plat. The developer shall designate on the Preliminary Plat and final plat the area or areas of land to be dedicated pursuant to this Section.

The conveyance of dedicated land to the Town shall be by means of a final plat dedication, and the land dedicated to the Town shall be free and clear of all liens and encumbrances, including real property taxes prorated to the time of conveyance.

Payments of cash fee in-lieu of open space land dedication.

Applicability.

If there is insufficient acceptable land available within the subdivision to satisfy the open space land dedication requirements based upon the standards in this Section, the expansion of adjacent open space area would be more appropriate to satisfy the need created by the proposed development than land within the proposed development, or in cases in which the cash value of open space land dedication is deemed, by the Board of Trustees, to be more appropriate in satisfying the open space demands generated by the proposed development, the owner, subdivider or developer shall pay a cash fee in lieu of open space dedication requirements.

ii.

This cash-in-lieu of dedication fee will be calculated at the time of payment based upon the fair market value of the land which was otherwise to be dedicated. A per square foot land value will be determined by the Town by means of an appraisal, if available, or by comparing the cash value of comparably zoned land in the county. The cash-in-lieu fee shall be paid and collected prior to or upon the recording of the final plat, unless a different time of payment is otherwise provided in the subdivision agreement. If the Board of Trustees determines to accept other property instead of, or as a partial payment toward the cash payment hereunder, the fair market value of the other property shall be used as the basis of the satisfaction of the requirement.

Payment into capital projects fund. Cash-in-lieu of open space dedication monies shall be deposited into the capital projects fund.

Administration of capital projects fund. Cash-in-lieu of open space land dedication monies shall be used solely for the purchase, acquisition, development or improvement of new open space or capital improvements related to the provision of open space in the Town, which may benefit the residents of the Town in general, as such improvements are described in the POST Master Plan as amended. The Town shall account for all money deposited to the fund, which may be expended for such purposes.

Fees collected under the provisions of this Subsection shall not be used to pay for costs incurred for the repair or maintenance of existing or new trails or open space facilities expansions, or costs incurred for the ongoing administration or operation of the funded and constructed open space trails. All fees collected pursuant to this Subsection shall be appropriated by the Board of Trustees for expenditure within seven (7) years from the date of payment of such fees and shall be expended by the Town for purposes approved herein within ten (10) years of the date of payment. Any fees not so appropriated or expended shall be refunded, upon application, to the record owner of the property for which the fee was paid or, if the fee was paid by another governmental entity, to such governmental entity; provided, however, that the Town shall retain an additional two (2) percent of the fee to offset the cost of refund.

(Ord. No. 1003, §§ 14—16, 12-8-2021; Ord. 982 Att., 2020)

16.6.4 - Landscaping, screening, and fencing.

Purpose. This Section is intended to ensure that new landscaping and the retention of existing vegetation is an integral part of all development and that it contributes added high quality to development, retains and increases property values, conserves water, and improves the environmental and aesthetic character of the community. It is also the intent of this Section to provide flexible requirements that encourage and allow for creativity in landscape design.

Applicability. This Section shall apply to the following:

New development. All new development unless specifically excepted in Subsection 16.6.4.B.4 below:

Expansion of existing development.

Additions;

An increase of the number of stories for a building on a lot;

An increase of the combined gross floor area of a building of more than ten (10) percent or five thousand (5,000) square feet, whichever is less; and

An increase in the non-permeable lot coverage by more than two thousand (2,000) square feet.

Change of use. Any change of use from one primary use classification to another (for example, residential use to commercial use).

Exceptions.

The following development types and areas are excepted from the requirements of this Subsection, unless they make application that qualifies as applicable under Subsections 16.6.4.B.2, or 16.6.4.B.3 above:

Temporary uses approved pursuant to this FDC; and

ii.

All landscape plans approved under prior ordinances of the Town shall remain in effect subject to fulfillment of all terms of such plans previously filed and approved.

The following development types and areas shall be subject to Subsections 16.6.4.E.2; 16.6.4.E.4; 16.6.4.F.1; 16.6.4.F.2; 16.6.4.F.5; 16.6.4.F.8; 16.6.4.F.9; and 16.6.4.H and exempted from the remainder of Section 16.6.4:

Individual single-family and duplex dwelling units on separate lots, where such residential use is the primary use on the lot; and

ii.

New single-family detached and duplex subdivisions with four (4) or fewer lots and four (4) or fewer dwelling units.

All development shall be subject to Subsection 16.6.4.H.

Alternative equivalent compliance. The alternative equivalent compliance procedure in Subsection 16.6.1.C may be used to propose alternative means of complying with the intent of this Section.

Landscape plan. All development applications shall be accompanied by a landscape plan meeting the requirements of this Section. The landscape plans shall be submitted and reviewed as part of the Final Development Plan process. Installation of approved landscaping shall occur prior to issuance of a Certificate of Occupancy or during the first month of the planting season, whichever is sooner. If the landscaping installation does not occur before issuance of a Certificate of Occupancy for multi-family residential or non-residential projects, then the Town will require a letter of credit or other guarantee for improvements not installed as detailed in Subsection 16.6.4.F.7. For single-family residential, a landscape waiver request shall be submitted to the Planning and Development Department.

Minimum landscaping requirements. The minimum landscaping requirements in this Chapter are cumulative.

Water efficiency in landscape design. Landscape improvements shall be designed with water efficiency as a major goal. All required landscaping shall be irrigated as required for plant establishment and maintenance. Landscape plans shall use the following design treatments to facilitate water conservation as applicable:

Appropriate turf selection to minimize the use of bluegrass;

Artificial turf as detailed in Subsection 16.6.4.F.2 if integrated into the overall landscape design and subject to Town approval;

Use of mulch to maintain soil moisture and reduce evaporation;

Zoning of plant materials according to their microclimate needs and water requirements;

Improvement of the soil with organic matter if needed;

Efficient irrigation systems including rain and wind sensors, controllers accessing weather stations, or other alternative methods that adjust irrigation based off of weather events;

Proper maintenance and irrigation schedules;

Irrigation systems shall be designed to achieve water efficiency as a major goal and is encouraged to generally conform to the irrigation design guidelines set forth in Subsection 16.4.A.4 of the publication "Water Efficient Landscape Design: A Model Ordinance For Colorado Communities" published by the Colorado Department of Local Affairs (2004 and as amended);

Connection to non-potable water supplies; and

Recirculation of water for water features.

Right-of-way. The property owner shall provide:

One (1) deciduous or ornamental street tree for every forty (40) linear feet of street frontage or portion thereof, with a minimum of two trees per lot for lots that have a minimum width of sixty (60) feet. Street trees shall be planted within the tree lawn portion of the right-of-way with adequate spacing to allow for the mature spread of the trees. When a tree lawn is not provided, trees shall be planted within ten (10) feet of the back of curb.

Live groundcover as appropriate to the use and function of the area described in Subsection 16.6.4.E.1.a above, including grass, trees, flowers, or shrubs. In commercial areas, such area may be paved if it functions as pedestrian access to storefronts and is integrated into the overall design of the other improvements on the site.

With the exception of the owners of single-family dwelling units, the property owner shall install an automatic irrigation system for all landscaping within adjacent public right-of-way.

Maintenance of adjacent right-of-way and landscaping unless otherwise executed by separate agreement with the Town.

Common open area. Landscaping shall be appropriate to the use and function of the area and include trees, shrubs, live plant groundcover, a water-efficient irrigation system for all landscaped areas, and landscape paving. Artificial turf may be installed pursuant to Section 16.6.4.F.2 if integrated into the overall landscape design and subject to Town approval. Common open areas shall be connected to a non-potable irrigation supply if available.

Single-family and duplex dwelling units. In addition to the right-of-way landscaping described in Subsection 16.6.4.E.2 above, the property owner shall:

Provide landscaping in the front yard of each home. There shall be a minimum of seventy-five (75) percent of the gross front yard area, excluding driveways, landscaped with live plant materials.

Install landscaping within the side and rear yard such that fifty (50) percent of the combined (side and rear) yards is landscaped with live plant material.

Artificial turf may be installed pursuant to Subsection 16.6.4.F.2 if integrated into the overall landscape design and subject to Town approval.

Multi-family dwelling units. In addition to the right-of-way landscaping described in Subsection 16.6.4.E.1 above, the property owner shall:

Provide a minimum of fifteen (15) percent of the entire lot with landscaping of live plant materials.

Install trees on-site, a minimum of one (1) tree per one thousand (1,000) square feet of landscaped area, distributed on the site.

Install a minimum of one (1) shrub per one-hundred fifty (150) square feet of landscaped area. Shrubs shall be distributed into groupings throughout the site and located within planting beds.

Trees may be substituted for up to one-half (½) of the required shrubs at the rate of one (1) tree for ten (10) shrubs and vice-versa, subject to Town approval.

Install groundcover. Xeriscape landscaping is encouraged. Native grass shall be weed-free and maintained at an appropriate height according to species. Use of irrigated turf is discouraged unless installed within a non-potable irrigation system and shall be minimized to the maximum extent reasonably practicable.

Artificial turf may be installed pursuant to Subsection 16.6.4.F.2 if integrated into the overall landscape design and subject to Town approval.

Install parking lot landscaping as required in Subsection 16.6.4.E.7 below.

Provide a water-efficient irrigation system for all landscaped areas. Connect to a non-potable water source if available.

Non-residential.

A minimum of fifteen (15) percent of the gross site area shall be landscaped area.

Install trees on-site, a minimum of one (1) tree per one thousand (1,000) square feet of landscaped area, distributed on the site.

Install a minimum of one (1) shrub per one-hundred fifty (150) square feet of landscaped area. Shrubs shall be distributed into groupings throughout the site and located within planting beds.

Trees may be substituted for up to one-half (½) of the required shrubs at the rate of one (1) tree for ten (10) shrubs and vice-versa, subject to Town approval.

Artificial turf may be installed pursuant to Subsection 16.6.4.F.2 if integrated into the overall landscape design and subject to Town approval.

Install parking lot landscaping as required in Subsection 16.6.4.E.7 below.

Provide a water-efficient irrigation system for all landscaped areas. Connect to a non-potable water source if available.

Parking lots.

Parking lot landscaping shall break up expanses of pavement, create shade, buffer views of parking lots from adjacent streets and development, and enhance the overall appearance of each project. Parking lot landscaping requirements are in addition to any other landscaping that may be required for the site.

Parking spaces shall not encroach into any required setback or landscape buffer area unless that parking area is part of a shared assemblage that crosses a property line.

In Old Town Firestone, all off street parking shall be located to the rear or side of all primary buildings and not along street frontages.

Live plant material intended as a buffer shall be planted at a density so as to provide effective screening within two (2) years from the date of installation.

All developments shall provide:

Landscape islands at the end of all parking rows and landscape islands at intervening locations for every fifteen (15) consecutive parking stalls. If cart returns are provided, such returns shall be integrated into the parking lot design and co-located with landscape islands.

ii.

Landscape islands at least ten (10) feet wide and shall be nineteen (19) feet deep if located along a single row of parking and a minimum of thirty-eight (38) feet deep if located along a double row of parking.

iii.

Landscaped median or center promenade for large parking lots to break up large expanses of parking. Such median shall be coordinated with the pedestrian network.

iv.

A minimum of one (1) tree and three (3) shrubs and ornamental grasses for single row islands and a minimum of two (2) trees and six (6) shrubs and ornamental grasses for double row islands.

A minimum of one (1) shrub per parking space, to be located around the parking lot perimeter.

vi.

Shrubs and ornamental grasses shall be located in planting areas not less than ten (10) feet wide.

vii.

Outside of Old Town Firestone, the parking lot setback is intended to provide a buffer and screen between the street and parking areas. The setback may be reduced by ten (10) feet if used in combination with a three- to four-foot articulated masonry or stone decorative wall with trees and shrubs on both sides of the wall to soften its appearance. However, in all cases a minimum ten-foot setback shall be maintained.

viii.

In Old Town Firestone, one of the following landscape options for a parking lot adjacent to the street right-of-way:

(A)

A perimeter landscaped area at least three (3) feet wide with ornamental fencing or masonry walls and wheel stops or curbing in the parking lot that prevent any vehicle overhang into the landscaped areas; or

(B)

An ornamental fence or masonry wall without landscaping, provided that a planting strip exists between the sidewalk and the adjacent public streets and the planting strip is planted with trees to the minimum specifications of this Section.

Stormwater facilities.

To the maximum extent reasonably feasible, stormwater facilities shall be located, designed, and managed for use as year-round neighborhood open space and passive recreation areas. Alternatively, appropriately designed stormwater facilities may be located, designed, and managed to serve as an entryway feature for a development.

Stormwater facilities shall be designed to appear as an extension of the surrounding landscape, with a natural shape, natural slopes of four to one (4:1) or less and naturalized landscape plantings. Stormwater facilities shall be designed to allow for naturalization with trees and woody plant materials.

Berming to increase facility capacity shall be discouraged. If permitted, the maximum height of the berm shall be three (3) feet with berming to be contoured to take on a naturalized shape.

The use of concrete or other impervious materials in stormwater facilities shall be limited to areas necessary to prevent erosion that cannot be accomplished using other stormwater design or landscape techniques. Such erosion devices shall either be buried below live plant materials or designed in a naturalized manner.

In commercial and industrial developments, a more structured facility that is designed to complement the architecture and site design will be considered by the Town.

General landscaping requirements and standards.

Landscape materials. Live plant materials shall be selected that are equally suitable for local soil and water conditions and would provide a high level of visual benefits. Plants shall not be invasive, noxious, or prohibited by the American Nursery and Landscape Association.

Artificial materials.

General standards.

Location, materials, appearance, installation, and maintenance of artificial turf areas shall comply with all requirements of this FDC.

ii.

Artificial turf shall be natural in appearance and integrated into the overall landscape design.

iii.

Turf material and aggregate or infill materials shall not be toxic to humans or pets or be harmful to the environment.

Locations.

For single-family dwellings, artificial turf shall be limited to a maximum of seventy-five (75) percent of the rear or side yard area. A minimum of twenty (25) percent of the rear and side yard landscape area shall be permeable surfaces with living and organic landscape material. The maximum area of artificial turf shall consider other impervious surfaces such as patios and walkways to ensure a minimum of twenty-five (25) percent of the yard area remains a permeable surface with living and organic landscape material.

ii.

Artificial turf shall be permitted in multi-family residential and non-residential developments pursuant to the requirements of this FDC.

iii.

A minimum of three (3) foot buffer comprised of permeable surfaces with living and organic landscape material shall be required between the edge of the artificial turf and any property line.

iv.

Artificial turf shall not be installed on slopes greater than a five to one (5:1) slope.

Artificial turf placement, particularly under the dripline of trees, shall avoid negative impacts to trees at the time of placement and during the lifespan of the tree.

Materials.

The blade material shall be made of either lead-free polyethylene, polypropylene, vegetable based product or a blend of the three (3). Nylon or other plastic shall be prohibited.

ii.

Backing.

(A)

The backing shall be of a lead-free polyethylene, polypropylene, vegetable based product or a blend of the three (3). Felt backing is not permitted.

(B)

The backing shall be permeable with holes spaced in a uniform grid pattern not to exceed four (4) inches by six (6) inches on center.

iii.

Materials shall be protected with a minimum of an eight (8) year warranty.

iv.

All materials shall be non-flammable.

Appearance.

Blade yarn colors shall mimic natural turf including green blade color(s) and include a tan thatch layer.

ii.

Blade pile height shall be between one and three-quarters (1.75) inches and three (3) inches.

iii.

Pile face weight shall be at least seventy (70) ounces.

Installation.

Artificial turf shall be installed in accordance with manufacturer specifications.

ii.

The drainage pattern of the lot shall not be impeded or altered by the installation of artificial turf.

iii.

Artificial turf shall be installed over a compacted and porous aggregate base material that is a minimum of three (3) inches deep to allow for adequate drainage both horizontally and vertically and to prevent excessive runoff or pooling. Artificial turf shall not be installed over existing grass or compacted dirt.

iv.

Artificial turf shall be anchored at all edges and seams.

Artificial turf seams shall be taped or glued and not sewn.

vi.

Artificial turf shall be separated from other landscape areas by a bender board, concrete curbing or similar material to conceal edges of the turf.

Maintenance.

Artificial turf shall be maintained in a manner to mimic healthy living turf.

ii.

Artificial turf shall be cleaned as necessary and groomed to maintain its appearance.

iii.

Artificial turf areas shall not contain weeds, holes, tears, stains, discolorations, seam separations, uplifted surfaces, heat degradation, depressions, odors, excessive wear, or similar deformities and measures of deterioration. Damaged or worn areas shall be repaired or removed and replaced in manner that results in consistent appearance with the existing artificial turf.

iv.

Artificial turf shall be replaced after the life expectancy has been reached.

Infill material shall be a non-toxic anti-microbial material such as silica sand or acrylic coated sand to prevent odors and bacteria formation. Crumb rubber filler shall be prohibited.

Limitations. Artificial turf or other artificial materials shall not be used as a means of complying with the live plant material landscaping regulations of this section.

Permit. Any person seeking to install artificial turf must first apply for and obtain a permit from the Town. All permit applications shall be submitted on a form supplied by the Town, and for single-family dwellings no fee shall be required to issue a permit under this section.

Plant quality. Xeriscape plant materials are strongly encouraged. All landscape materials shall be in compliance with the current Nursery Stock Standards recommended by the American Nursery and Landscape Association. Plants shall have a habit of growth that is normal for the species and shall be of good health, vigorous growth, and free from insect pests, diseases, and injuries. All plants shall equal or exceed the measurements specified on the landscape plan. Substitutions shall not be permitted without the written approval of the Director.

Plant measurements. In order to satisfy landscaping requirements of this Section, all new live plant materials shall meet or exceed the following measurements: two-inch caliper for deciduous trees, one and one-half-inch caliper for ornamental, and eight (8) feet in height for evergreen trees.

Sight distance triangles. Landscaping shall comply with sight distance triangle requirements as described in the Town Standards and Specifications.

Irrigation. All landscape areas shall be provided with an adequate and complete-coverage automatic water-efficient irrigation system as provided in Subsection 16.6.4.E.1.

Guarantee of installation. Required landscape improvements for non-residential and multi-family residential projects shall be installed prior to issuance of a Certificate of Occupancy. However, if the landscaping is not able to be installed prior to a Certificate of Occupancy being issued due to weather, the property owner shall post a financial guarantee in the form of cash or cashier's check for the improvements equal to one-hundred fifteen (115) percent of the cost of improvements as itemized in an engineer or landscaper estimate accepted by the Town before the Certificate of Occupancy is issued. Installation shall then occur by June 30th of the following year. This guarantee shall be released upon verification by the Town for the installation of the completed landscaping. This requirement is separate from those that may be found in the Development or Subdivision Agreement.

Maintenance. Every property owner and any tenants shall maintain and keep their landscaped areas in a well-maintained, safe, clean, and attractive condition at all times. Such maintenance shall include, but is not limited to, the following:

Landscaped areas shall be kept free of trash, litter, weeds, and other such materials or plants not part of the landscape.

All live plant material shall be maintained in a healthy and growing condition, and must be replaced with live plant material consistent with the approved landscape plan, as applicable if diseased, damaged, destroyed, or removed.

The property owner or tenants shall provide all regular and normal maintenance of landscaping including weeding, irrigation, fertilization, pruning, and mowing necessary to comply with this Section.

Maintenance shall include public right-of-way adjacent to the property including but not limited to landscaping, drainage facilities, and sidewalks unless such area is expressly maintained by a designated governmental authority, metropolitan district, or HOA.

The property owner shall not use live plant materials that exhibit evidence of insect, pest, or disease, and shall appropriately treat any and all damaged plants, and shall remove and replace any and all dead plant material with living plant materials.

Failure to maintain landscaping. If the required maintenance is not being performed pursuant to the terms of this Section, corrective actions shall be enforced pursuant to the Municipal Code.

Screening.

Purpose. Screening consists of landscaping, the retention of natural vegetation, or the use of physical structures to block views of specific activities or specific parts of a property or structure. Applicants are encouraged to locate the types of features listed in this Section where they are not visible from off-site or public areas of a site, so that screening is unnecessary.

Applicability. Unless otherwise excepted in Subsection 16.6.4.B above, all uses shall be required to provide screening as specified in this Section to block the views of the specified features from any adjacent street, public open space or park, or other areas designated in this Section.

Outdoor refuse/recycling collection and donation bin facilities. For purposes of this Section, the term "refuse/recycling collection receptacles" includes dumpsters, garbage cans, trash compactors, recycling receptacles, donation bins, debris piles, or grease containers, but does not include trash or recycling receptacles for pedestrians or for temporary construction sites. This Section also does not apply to refuse collection receptacles such as garbage cans and recycling receptacles that are stored indoors and brought outdoors on garbage pickup days.

In order to reduce the visual impacts of outdoor refuse/recycling collection receptacles, and to avoid problems with blown trash and pests, all outdoor refuse/recycling collection receptacles shall adhere to the following standards:

Location. Outdoor refuse/recycling collection receptacles shall not be located in a required front setback, and should, depending on the size of the site and need for access by refuse/recycling collection vehicles, be set back from the front plane of the principal structure. Refuse/recycling collection receptacles shall not be located in any setback area or required landscaping area which abuts an adjacent residential use. Refuse/recycling collection receptacles shall not be located in a manner that obstructs or interferes with any designated vehicular or pedestrian circulation routes on-site.

Screening enclosure. All outdoor refuse/recycling collection receptacles, other than those used by a single-family dwelling units, shall be screened from view on all sides by a durable sight-obscuring enclosure consisting of a wall and gate six (6) feet in height that matches or is complimentary to the building materials of the principal building that it serves.

Maintenance of refuse/recycling collection receptacles and screening enclosures. The enclosure shall be maintained in working order, and remain closed except during deposits and pick-ups. Lids are required on all outdoor refuse/recycling collection receptacles in screening enclosures without roof structures. Lids shall remain closed between pick-ups, and shall be maintained in working order. Screening enclosures and gates shall be kept in good repair.

Service and off-street loading areas. Service and off-street loading areas shall be designed and located to reduce the visual and acoustic impacts of these functions on adjacent properties and public streets. Non-enclosed service and off-street loading areas adjacent to residential properties and public streets shall be screened with opaque materials that are an integral part of the building architecture, including, durable, sight-obscuring walls and/or fences to a height consistent with the object, structure, and use to be screened. Screening materials shall be the same as, or of equal quality to, the materials used for the primary building. Landscaping shall also be incorporated to aid in screening the non-enclosed service and off-street loading areas and softening the appearance of the screening wall or fence.

Drive through service and stacking drives. Drive through service areas and stacking drives shall be designed and located to reduce the potential visual and acoustic impacts of these functions on adjacent residential property, public streets, and primary internal drive circulation routes in a multi-building complex.

Drive through service ordering and pick-up window areas shall not be orientated toward residential property, arterial streets, and collector streets.

The minimum landscape setback to drive through service areas and stacking drives from streets, and primary internal drive circulation routes in a multi-building complex shall be ten (10) feet.

Rooftop mechanical equipment, including HVAC equipment, venting, and utility equipment that serves the structure, shall be screened. Screening shall be accomplished through the use of parapet walls or a sight-obscuring enclosure around the equipment constructed of one (1) of the primary materials used on the primary facades of the structure, and that is an integral part of the building's architectural design. The parapet or screen shall completely surround the rooftop mechanical equipment to an elevation equal to or greater than the highest portion of the rooftop mechanical equipment being screened. In the event such parapet wall does not fully screen all rooftop equipment, then the rooftop equipment shall be enclosed by a screen constructed of one (1) of the primary materials used on the primary facade of the building so as to achieve complete screening.

Wall-mounted mechanical equipment and meters. Wall-mounted mechanical equipment should not be placed on the front facade of a building or on a facade that faces a right-of-way to the maximum extent reasonably practicable. Wall-mounted mechanical equipment, including air conditioning or HVAC equipment and groups of multiple utility meters, shall be screened from view from streets; from residential, public, and institutional properties; and from public areas of the site or adjacent sites through the use of sight-obscuring enclosures constructed of one of the primary materials used on the primary facade of the structure or trees or shrubs that screen the equipment from view year around.

Ground-mounted mechanical equipment and utility fixtures. In addition to the requirements and standards set forth in Subsection 16.5.4.J, ground-mounted above-grade mechanical equipment shall be screened by ornamental fences, screening enclosures, trees, or shrubs. Such equipment and fixtures shall be:

Installed underground within a vault to the maximum extent practicable.

Installed away from the intersection of public streets rights-of-way to the maximum extent reasonably practicable as determined by the Director. When this standard is deemed impracticable an alternative placement shall be reviewed and determined by the Director.

Installed outside of any street medians, vehicular, and pedestrian way.

Outdoor storage. Outdoor storage permitted as an accessory use through the Final Development Plan review process shall meet all of the following requirements as well as design criteria found in Subsection 16.6.4.G.10:

Each outdoor storage area shall be incorporated into the overall site design and screening shall be complimentary in design to the primary structure on the site and shall be located at the rear or side of the primary structure. The outdoor storage shall not be located in front of the primary structure. Surfacing of the outdoor storage area shall be asphalt or concrete. Recycled asphalt, recycled concrete or equivalent may be considered for industrial uses, and the final approval of the alternative shall be the final decision maker for the application.

Goods stored in an approved outdoor storage area shall be limited to storage of materials associated with the business on the lot; business of vehicle storage; or storage of businesses' vehicles and equipment.

If the outdoor storage area is covered, then the covering shall be designed to be complimentary to the principal structure by integrating the same roofing materials and color, and roof slope as the primary structure.

Each outdoor storage area shall be screened from view from all property lines and adjacent rights-of-way by an opaque fence or wall between six (6) and eight (8) feet in height that is compatible with the architecture and materials of the primary structure. Additionally, two (2) foot by two (2) foot masonry columns shall be placed a minimum of every seventy-five (75) feet of fence length. Materials may not be stored higher than the height of the fence or wall. The perimeter of the fence or wall must be landscaped with a ten-foot wide strip containing a minimum of one (1) tree and twenty-five (25) shrubs and ornamental grasses for every forty (40) linear feet of fence or wall.

A landscaped earth berm may be used instead of or in combination with a required fence or wall. The total height of the screening, including fence and berming, shall not exceed the maximum fencing height requirement.

No materials may be stored in areas intended for vehicular or pedestrian circulation including emergency access.

Additional screening for outdoor storage for industrial uses and commercial vehicle storage. The following design criteria shall be required in addition to the design criteria above and design criteria found in Subsection 16.3.3.G.8:

A minimum thirty-foot wide planting area composed of screening landscaping is required around the perimeter of the site when the site is adjacent to residential districts. The thirty-foot wide planting area shall not be located within a street right-of-way.

ii.

A minimum fifteen-foot wide planting area composed of screening landscaping is required around the perimeter of the site when the site is adjacent to non-residential districts or street rights-of-way. The fifteen-foot wide planting area shall not be located within a street right-of-way.

iii.

No outdoor storage shall occur within a front or side setback on the lot.

10.

Cluster mailbox facilities. Cluster mailbox facilities shall follow the following design standards:

Cluster mailbox facilities shall be conveniently located for residents and not impede vehicular traffic or create access or safety conflicts with pedestrians.

Cluster mailbox facilities shall be located on a concrete pad with concrete walk access to a sidewalk.

Cluster mailbox facilities shall be located in a properly lighted area for safety and convenience.

Fencing and walls.

Purpose. The purposes of these fencing and wall standards are:

To permit the construction of appropriate fences and walls while preventing the monotonous appearance of uninterrupted walls and fences from dominating the Town's streetscapes;

To establish a generally consistent landscaped buffer along major roadways and community entrance corridors, in lieu of more typical fencing and walls, that provides an element of consistency between individual developments and enhances the rolling topography and rural character of the Town; and

To promote a more open character for development that visually integrates such development with the surrounding community.

Applicability. These fencing and wall standards shall apply to all development.

Fences and walls permitted as accessory uses. Fences and walls are permitted in the various zone districts as accessory uses in accordance with the limitations provided in this Chapter.

Location.

Fences and walls must be located within or on the property lines and maintained by the property owner.

A fence or wall located in interior side or rear yard areas that abut an interior side property line or rear property line of another property may be located within or on the property line; except, that if the side or rear property line is adjacent to a driveway, alley or street, the site distance triangle requirements shall apply.

Fences adjacent to sidewalks must be placed at least four (4) feet from the edge of the sidewalk. Gates adjacent to sidewalks shall open inward to the property.

Fences shall be required adjacent to ditches when ditches are immediately adjacent to or in close proximity to sidewalks, trails, and other pedestrian ways. Such fences shall conform to the open space, parks, and trails fence standards.

Height restrictions.

A fence located in a front yard or street side yard area shall have a maximum height of forty-two (42) inches within the front yard or street side yard setback or forward of the front face of the principal structure, whichever is greater. Such fence shall be not more than fifty (50) percent opaque. A wall located in a front yard area shall have a maximum height of three (3) feet.

Fences abutting open space, parks, and trails shall be limited to four (4) feet in height and shall be not more than fifty (50) percent opaque. The finished side of the fence shall face the open space, park, or trail area.

No fence in any district shall exceed six (6) feet in height; except:

Fences may be up to eight (8) feet in height in certain districts pursuant to Section 16.6.4.G.9, Outdoor storage.

ii.

Fences around a court (e.g., tennis, squash racquet, squash tennis or badminton) or around a publicly owned recreation area may exceed six (6) feet in height if constructed of limited solid material.

Construction standards for fences.

Compliance with building code. Fences must be constructed to meet the adopted building code of the Town. Fences and walls shall be constructed of durable, easily maintained materials such as, but not limited to, stone or simulated stone, brick, vinyl, or wood sections. All wood fence materials shall be treated wood or wood with natural resistance to decay, or equivalent.

All fences must be of durable material and kept in good repair. Fence posts and all vertical members of a fence shall be plumb.

The finished side of the fence or wall shall face the adjacent street, trail, open space, park, or common area.

Open fencing styles may include wire mesh attached to the interior of the fence.

Restrictions regarding certain materials.

Fences in the LI zoning district may include up to four (4) strands of barbless wire, with the lowest strand at least six (6) feet above ground level. The barbless wire may be placed vertically or at a forty-five (45) degree angle; provided, that it does not extend across the property line.

Electric fences and barbed wire stock fences are permitted only in the AG district. Barbed wire or electric fences shall not be places adjacent to a residential zone, open space, park, trail, or street.

Fences constructed primarily of sheet metal, chicken wire, wafer board, particleboard, plywood, or any other substandard, not durable or unsafe material are prohibited.

Fences and walls in districts adjacent to residential districts.

Chain link, wire mesh, or other similar products shall be prohibited.

In the B, NC, RC, LI, and PUD zoning districts, a solid material fence, wall, or a combination of landscaped earthen berms, fences and walls shall be constructed between land uses when adjacent to a residential zone or district. Such buffer shall consider the proximity, context, and nature of uses in the non-residential district for proper mitigation.

Perimeter fencing and walls.

Uninterrupted fencing and walls prohibited. The use of uninterrupted fencing and walls to separate developments from perimeter streets, adjacent developments and the surrounding community is prohibited.

Perimeter fencing. Where perimeter fencing or walls are provided around a subdivision or development, such fences shall be subject to the following standards:

Perimeter fencing shall include columns at termini, changes of direction, and runs greater than two hundred (200) feet. Individual columns shall be a minimum of two (2) feet by two (2) feet, with a minimum of one (1) foot projecting in front of the fence towards the street. Columns shall include a cap detail for visual interest.

ii.

A variety of landscaping shall be provided in the right-of-way buffer in combination with any of the fencing options to incorporate seasonal color, plant variety, and berming to break up the visual mass of walls and fences. Landscaped berms may be used in lieu of fencing or walls or in combination with fencing or walls. Such berms shall incorporate the curvilinear characteristics of natural landforms.

iii.

Fences or walls shall not exceed six (6) feet in height.

10.

Fences within Residential Districts.

Fencing Required.

For new residential development, wing fencing, street side fencing, and fencing against open space, parks and landscape tracts shall be required and in a manner pursuant to this FDC as applicable.

(Ord. No. 1022, § 7, 12-14-2022; Ord. No. 1003, §§ 17, 18, 12-8-2021; Ord. 982 § 6, Att., 2020)

16.6.5 - Transportation and access.

Purpose. The purpose of this Section is to support the creation of a highly connected transportation system within the Town in order to provide choices for drivers, bicyclists, and pedestrians; increase effectiveness of municipal service delivery; promote walking and bicycling; connect neighborhoods to each other and to local destinations such as employment, schools, parks, and shopping centers; reduce vehicle miles of travel and travel times; improve air quality; reduce emergency response times; mitigate the traffic impacts of new development, and free up arterial capacity to better serve regional long-distance travel needs.

Applicability. The standards of this Section 16.6.5 shall apply to all new development and expansion of existing buildings except for development on a single-family detached lot in an approved subdivision.

Traffic impact mitigation. A Traffic Impact Analysis shall be required with application submittal unless waived or modified by the Town Engineer. The Town Engineer may require additional information or studies.

Streets and on-site vehicular circulation.

Street standards. All streets shall meet the standards and requirements set forth in Subsections 16.5.4.G and H, the Town Transportation Master Plan and the Town Standards and Specifications.

Street connectivity.

Purpose. Street and block patterns should include a clear hierarchy of well-connected streets that distribute traffic over multiple streets and avoids traffic congestion on principal routes. Within each residential development, the access and circulation system should accommodate the safe, efficient, and convenient movement of vehicles, bicycles, and pedestrians through the development, and provide ample opportunities for linking adjacent neighborhoods, properties, parks, schools, shopping, and land uses.

Vehicular access to public streets. Any development shall be required to provide adequate vehicular access to public streets for circulation, and public safety unless deemed impractical by the Director due to topography, natural features, or the configuration of adjacent developments.

Connections to vacant land. Where new development is adjacent to land likely to be developed or redeveloped in the future, all streets, bicycle paths, and access ways in the development's proposed street system shall continue through to the boundary lines of the area to provide for the orderly subdivision of such adjacent land or the transportation and access needs of the community. In addition, all redevelopment and street improvement projects shall take advantage of opportunities for retrofitting existing streets to provide increased vehicular and pedestrian connectivity to maximum extent practicable.

Access.

All driveways shall be paved in concrete or asphalt.

ii.

All non-residential development shall be designed to allow for cross-access to adjacent properties to encourage shared parking and shared access points on public or private streets. When cross-access is deemed impractical by the Director on the basis of topography, the presence of natural features, vehicular safety, or convenience factors, this requirement may be waived provided that appropriate bicycle and pedestrian connections are provided between adjacent developments or land uses. Cross access easements shall be referenced as a note on the plat.

iii.

Whenever feasible, there shall be no direct driveway access (ingress or egress) from any single-family residential lots to any non-residential collector street, arterial street, section line roadway or highway. Whenever feasible, all single-family residential lots driveway access shall be limited to residential collector and local residential streets.

Cul-de-sacs and dead-end streets. The use of dead end streets or cul-de-sacs should be minimized unless their use is required by site constraints including but not limited to topography, the preservation of natural features, open space, and trail corridors. Should they be incorporated, a view corridor, at the cul-de-sac head or dead-end street, a minimum of thirty-five (35) feet in width shall be provided to maintain open views and pedestrian access. View corridors shall be created in a separate tract from buildable lots. View corridors shall contain a pedestrian walkway or trail connection whenever possible unless deemed unfeasible by the Town.

Neighborhood circulation. Street connections shall connect neighborhoods to each other and to local destinations such as schools, parks, greenbelt trail systems, and shopping centers, while minimizing neighborhood cut-through vehicle traffic movements that are non-local in nature.

Gated communities prohibited. Gated communities that feature entry guardhouses, gates across access routes, or similar features are prohibited.

Block standards.

Purpose. Block standards are designed with the following intents:

To help break-down the scale and size of developments into a series of smaller, more human-scale, and walkable blocks.

ii.

To ensure that blocks are organized in terms of both their orientation and size in a manner that limits disturbance of a site's natural features.

iii.

To ensure than residential developments incorporate a well-defined pattern of blocks that provide frequent connections and serve as a framework for a varied mix of residential uses.

General design considerations. Generally, blocks shall be designed subject to the following considerations:

To provide for adequate building sites suitable to the special needs of the type of use contemplated.

ii.

To accommodate the requirements of this FDC for lot sizes and dimensions.

iii.

To create convenient access and control, and safety of vehicular and pedestrian traffic circulation, and emergency vehicles.

Maximum block lengths. The maximum length of blocks between intersecting streets shall be one thousand two hundred (1,200) feet. The average block face across each development site shall be a maximum of six hundred (600) feet. In cases where physical barriers or property ownership creates conditions where it is appropriate that these standards be varied, the length may be increased or decreased to meet the existing conditions having due regard for connecting streets, circulation of traffic, and public safety.

Standards for emergency lanes and access.

Emergency access, required by the Fire District, shall meet the following requirements:

The access must be able to support the weight of emergency apparatus.

The access must be a minimum of twenty-six (26) feet wide and usually run in a fairly straight line unless coordinated and approved by the fire district.

The access must be comprised of an all-weather surface.

The access must be maintained and usable at all times during the year.

The point of entry must be signed subject to district requirements.

Any form of barricade shall be subject to district requirements.

Standards for pedestrian facilities.

Sidewalks.

All sidewalks shall be designed to comply with the Town's Standards and Specifications.

On-site pedestrian walkways.

Continuous pedestrian access. Pedestrian walkways shall form an on-site circulation system that minimizes conflict between pedestrians and traffic at all points of pedestrian access to streets, sidewalks, on-site parking and building entrances.

On-site pedestrian connections. Final Development Plans shall orient to pedestrian access points and connections to surrounding street and trails networks, to destinations such as schools or shopping, and to pedestrian linkage points on adjacent parcels, including building entrances, transit stops, walkways, and signalized street crossings. On-site pedestrian walkways shall connect (1) building entrances to one another and (2) from building entrances to public sidewalk connections and existing or planned transit stops. If buildings are not placed directly adjacent to the public sidewalk, then pedestrian walkways shall link the principal pedestrian site access to building entrances. All developments that contain more than one (1) building shall provide walkways between the principal entrances of the buildings.

Multi-family on-site walkways. For internal circulation of multi-family development all sidewalks shall be detached and separated by a tree lawn that is a minimum of eight (8) feet in width except where adjacent to parking.

Through-block connections. Within all developments, to the maximum extent reasonably practicable, pedestrian ways, crosswalks, or multi-purpose trails no less than five (5) feet in width, located within a tract or easement a minimum of thirty (35) feet in width, shall be constructed near the center and entirely through any block that is eight hundred (800) feet or more in length.

Cul-de-sacs and dead-end streets. Where residential developments have cul-de-sacs or dead-end streets, such streets shall be connected to the closest local or collector street or to cul-de-sacs in adjoining subdivisions via a sidewalk or multi-use path, except where deemed impractical by the Director.

Trails.

Trails shall be located and constructed in general conformance with the Town's Comprehensive Master Plan, the POST Master Plan and Section 16.6.3 of this FDC.

Subdivisions shall provide trail connections to future adjacent development and existing adjacent trails.

The minimum width for a trail corridor shall be thirty (30) feet.

If a trail is located on land not dedicated to the Town, a public access easement shall be granted by identification on the plat and by plat note.

Standards for bicycle facilities.

Bicycle parking. All development shall provide bicycle parking areas that comply with the following standards:

Location. Bicycle parking spaces shall be conveniently located and adjacent to pedestrian walkways, but in no case shall such facilities be located farther than one hundred (100) linear feet from the primary building entrance.

Spaces required. Bicycle parking spaces shall be provided at the following rates:

A minimum of two (2) bicycle parking spaces or one (1) bicycle parking space per twenty (20) off-street parking spaces for all non-single-family residential uses, whichever is greater unless deemed impractical by the Director.

Securing device. A rack or other structure shall be provided to secure parked bicycles.

(Ord. No. 1003, § 19, 12-8-2021; Ord. 982 Att., 2020)

16.6.6 - Off-street parking and loading.

Purpose. This Section is intended to provide for the location and design of off-street parking areas to accommodate motor vehicles, while balancing the needs of pedestrians, bicyclists, and transit users. Parking areas are secondary and supportive to the primary land uses on the site and parking lot design should reduce the prominence of these areas while emphasizing the primary facade and orienting pedestrians toward the principal entranceways and walkways.

Applicability.

Generally.

The off-street parking and loading standards of this Section shall apply to all parking lots and parking structures accessory to any new building constructed and to any new or changed use in every district.

The requirements of this Section shall apply to all temporary parking lots and parking lots that are the principal use on a site.

Expansions and enlargements. The standards of this Section shall apply when an existing structure or use is expanded or enlarged. Additional off-street parking and loading spaces shall be required to serve the enlarged or expanded area. Based off anticipated or historical use and patterns, the number of off-street parking and loading spaces provided for the entire use (pre-existing plus expansion) may be required to equal one hundred (100) percent of the minimum ratio established in this Section.

Parking lot layout and design plan. For all proposed parking lots, the applicant shall submit a parking lot layout and design plan for review and approval by the Director. The plan shall contain sufficient detail to enable the Director to verify compliance with this Section 16.6.6. Subject to approval of the Director, the parking layout and design plan may be combined with other plans required under this FDC, such as the landscaping plan required in Section 16.6.4.

Minimum plan requirements.

The parking lot layout and design plan shall be prepared by a design professional.

All parking layout and design plans and Final Development Plans are subject to review and approval by the Director to ensure that provisions have been made to minimize interference with street traffic flow and assure safe interior vehicular and pedestrian circulation, transit, and parking.

Off-street parking requirements.

Schedule A. Unless otherwise expressly stated in this FDC, off-street parking spaces shall be provided in accordance with Table 6.6-1.

Fleet parking shall be in addition to the minimum parking calculated from Table 6.6-1. One fleet parking space shall be provided for each fleet vehicle. Parking of fleet vehicles outside of a building shall be classified as outdoor storage and shall be required to be screened in accordance with Subsection 16.6.4.G.9.

Development with zoning or development approvals that would permit a future change of use that will require additional parking to meet the standards of this Section shall provide an undeveloped area on the site that can accommodate any future parking needs.

Off-street parking location.

Off-street parking for residential uses shall be located within approximately two hundred fifty (250) feet of the primary building entrance of the primary building.

ii.

Off-street parking for non-residential uses shall be located within six hundred (600) feet of the primary building entrance of the primary building.

iii.

Off-street parking shall be located on the same lot or parcel of land as the structure they are intended to serve unless off-site parking is approved through the process in Subsection 16.6.6.E.2.

iv.

Off-street parking spaces for non-residential uses shall not be located in front of garage doors.

Off-street parking spaces for non-residential uses may only be located adjacent to building doors when a pedestrian walkway is provided between the building and all parking spaces on that side of building.

vi.

The following shall count toward the minimum parking requirement:

(A)

Surface parking;

(B)

Accessible parking;

(C)

Vanpool and carpool parking;

(D)

Electrical vehicle charging station parking; and

(E)

Structured parking, underground parking and parking within, above or beneath the building(s) it serves.

TABLE 6.6-1: OFF-STREET PARKING SCHEDULE A "du" = dwelling unit "sf" = gross square feet
USE CATEGORY	USE TYPE	OFF-STREET SPACES REQUIRED
Household Living Residential	Dwelling, Duplex	2 per du
	Dwelling, Live/Work	See Subsection 16.6.6.D.3
	Dwelling, Mobile Home	2 per du
	Dwelling, Multi-Family	1.5 spaces per efficiency, studio or 1-bedroom du; 2 spaces per du with 2 or more bedrooms, plus 1 guest space per 3 du's
	Dwelling, Single-family Attached	2 spaces per du, + 1 guest space per 3 du's
	Dwelling, Single-family Detached	2 spaces per du
	Model Home	See Subsection 16.6.6.D.3
Group Living	Group Home	See Subsection 16.6.6.D.3
Group Living	Retirement Home, Nursing Home, or Assisted Living Facility	See Subsection 16.6.6.D.3
Aviation	Helistop	See Subsection 16.6.6.D.3
Cemetery	Cemetery	See Subsection 16.6.6.D.3
Child Care	Child Care Center	1 per 6 children of licensed capacity
Community Facilities	Community Center (Public)	See Subsection 16.6.6.D.3
	HOA/Metro District Facility	See Subsection 16.6.6.D.3
	Recreation Center (Indoor/Outdoor)	See Subsection 16.6.6.D.3
	Public Safety Station	See Subsection 16.6.6.D.3
	Transit Center	See Subsection 16.6.6.D.3
Cultural Facilities	Library	1 per 400 sf
Cultural Facilities	Museum	1 per 400 sf
Educational Use	College or University	See Subsection 16.6.6.D.3
	Instructional Studio	1 per 300 sf
	School (public or private)	See Subsection 16.6.6.D.3
Human Health Services	Dental or Medical Office, Clinic, Lab	1 per 300 sf
	Emergency Room	1 per 200 sf
	Hospital	See Subsection 16.6.6.D.3
	Substance Abuse Treatment Facility, Outpatient	1 per 200 sf
	Urgent Care Center	1 per 200 sf
Park and Open Space	Athletic Fields and Courts	See Subsection 16.6.6.D.3
Park and Open Space	Parks/Open Space	See Subsection 16.6.6.D.3 for Trailheads, Neighborhood and Community Parks; No parking required for Pocket Parks
Religious Assembly	Religious Assembly	See Subsection 16.6.6.D.3
Telecom Facilities	Telecom Facilities	none
Utility Facilities	Utility Facility, All types	See Subsection 16.6.6.D.3
Agricultural	Agricultural Cultivation	See Subsection 16.6.6.D.3
Agricultural	Agricultural Grazing	See Subsection 16.6.6.D.3
Animal Sales and Care	Animal Hospital, Large Animals (Indoor)	See Subsection 16.6.6.D.3
	Animal Hospital, Large Animals (outdoor facilities)	See Subsection 16.6.6.D.3
	Animal Hospital, Small Animals (Indoor)	See Subsection 16.6.6.D.3
	Animal Hospital, Small Animals (outdoor facilities)	See Subsection 16.6.6.D.3
	Horse Boarding, Training, Riding, Instruction	See Subsection 16.6.6.D.3
	Kennel or Animal Day Care (Indoor)	See Subsection 16.6.6.D.3
	Kennel or Animal Day Care (outdoor facilities)	See Subsection 16.6.6.D.3
Assembly	General Assembly Uses	1 per 4 seats of principal assembly area for fixed seating. If no fixed seating, see Subsection 16.6.6.D.3
Financial Institution	Automated teller machine (freestanding)	Vehicle stacking
	Bank	1 space per 300 sq. ft. of gross floor area
	Bank, with drive-through or drive-up service	1 per 300 sf (plus vehicle stacking spaces for drive-through)
Food and Beverage Service	Bar/Tavern	1 space per 3 seats plus 1 space per employee on maximum shift
	Bar/Tavern with outdoor seating area	1 space per 3 seats plus 1 space per employee on maximum shift
	Nightclub	1 per 3 seats or if no fixed seating, then based on max capacity plus 1 space per employee on maximum shift
	Restaurant	1 space per 3 seats plus 1 space per employee on maximum shift
	Restaurant, with drive-through or drive-up service	1 space per 3 seats plus 1 space per employee on maximum shift plus vehicle stacking space
	Restaurant, with outdoor seating area	1 space per 3 seats plus 1 space per employee on maximum shift
Office	Office, Business or Professional	1 per 300 sf
Recreation/ Entertainment, Indoor	Commercial Amusement, Indoor Minor	See Subsection 16.6.6.D.3
	Commercial Amusement, Indoor Major	See Subsection 16.6.6.D.3
	Fitness Studio	See Subsection 16.6.6.D.3
	Shooting Range, Indoor	See Subsection 16.6.6.D.3
	Arena/Stadium	See Subsection 16.6.6.D.3
Recreation/ Entertainment, Outdoor	General Outdoor Recreation, Commercial Minor	See Subsection 16.6.6.D.3
	General Outdoor Recreation, Commercial Major	See Subsection 16.6.6.D.3
	Golf Course	4 per green
	Recreational vehicle park	See Subsection 16.6.6.D.3
Retail Sales and Service	Funeral Parlor or Mortuary	See Subsection 16.6.6.D.3
	General Retail	1 per 250 sf
	Personal Service Establishment	1 per 250 sf
	Repair Shop	1 per 250 sf
Vehicles and Equipment	Car Wash	1 per employee max shift plus vehicle stacking
	Fuel Station	1 per 200 sf plus vehicle stacking
	Vehicle Service and Repair, Heavy	See Schedule B
	Vehicle Service and Repair, Light	1 per 250 sf
Visitor Accommodation	Bed and Breakfast	1 space per guest room, plus 2 spaces for the permanent residents
Visitor Accommodation	Hotel or Motel	1 space per guest room, plus 1 space per employee on the maximum shift, plus 50 percent of the spaces otherwise required for accessory uses (e.g., bars and restaurants)
Industrial Service	Building Materials Sales	See Schedule B
	Contractor's Shop with Outdoor Storage	See Schedule B and/or 16.6.6.D.3
	Heavy Equipment Sales, Service and Rental	See Schedule B and/or 16.6.6.D.3
	Industrial, Heavy	See Schedule B and/or 16.6.6.D.3
	Industrial, Light	See Schedule B and/or 16.6.6.D.3
	Research and Development Facility	See Schedule B and/or 16.6.6.D.3
Manufacturing and Production	Heavy Manufacturing, General	See Schedule B
	Light Manufacturing, General	See Schedule B
	Mining and Mineral Extraction	See Schedule B
Warehouse and Freight Movement	Warehouse/Wholesale Distribution Center	See Schedule B
Waste-Related Uses	Recycling Collection Point	See Subsection 16.6.6.D.3

Schedule B. Uses subject to Off-Street Parking Schedule "B" shall provide the following minimum number of off-street parking spaces, as set forth in Table 6.6-2. Unless otherwise approved, lots containing more than one (1) activity shall provide parking in an amount equal to the total of the requirements for each individual activity that composes the use as listed in the table. For a multi-tenant building, each individual business shall calculate their parking requirement individually, not as an aggregate.

TABLE 6.6-2: OFF-STREET PARKING SCHEDULE B
Activity	Number of Spaces Required
Office area	1 per 300 sq. ft.
Indoor sales area	1 per 250 sq. ft.
Outdoor sales or display area (3,000 sq. ft. or less)	1 per 750 sq. ft.
Outdoor sales or display area (over 3,000 sq. ft.)	1 per 2,000 sq. ft.
Indoor storage/warehousing/manufacturing area
1—5,000 sq. ft.	1 per 500 sq. ft.
5,001—10,000 sq. ft.	1 per 750 sq. ft.
10,001—50,000 sq. ft.	1 per 1,250 sq. ft.
50,001 sq. ft.+	1 per 1,500 sq. ft.
Vehicle Service	1 per bay

3. Parking requirements for unlisted and miscellaneous uses. Uses that reference this Section have widely varying parking and loading demand characteristics, making it impossible to specify a single off-street parking or loading standard. Upon receiving a development application for a use subject to this Section, the Director shall apply the off-street parking and loading standard specified for the listed use that is deemed most similar to the proposed use or establish minimum off-street parking requirements on the basis of a parking and loading study prepared by the applicant. Such a study shall include estimates of parking demand based on acceptable professional estimates as approved by the Director, and should include other reliable data collected from uses or combinations of uses that are the same as or comparable with the proposed use. Comparability will be determined by density, scale, bulk, area, type of activity, and location. The study shall document the source of data used to develop the recommendations.

Maximum number of spaces permitted.

General maximum requirement. For any use categorized as a "Commercial" or "Industrial" use in Chapter 3, off-street vehicle parking spaces shall not be provided in an amount that is more than one hundred twenty-five (125) percent of the minimum requirements established in Table 6.6-1, Off-Street Parking Schedule A. The maximum number of allowable parking spaces may be adjusted by the Director if the applicant provides written information documenting that the proposed commercial or industrial use would not be economically viable without such adjustment. The request shall be the minimum necessary variation from the standards.

Exceptions.

If application of the maximum parking standard would result in less than six (6) parking spaces, the development shall be permitted six (6) parking spaces.

ii.

Exceptions to the maximum parking requirement may be permitted by the Director if the proposed development has unique or unusual characteristics such as high sales volume per floor area or low parking turnover, which create a parking demand that exceeds the maximum ratio and which typically does not apply to comparable uses.

Calculation of maximum parking requirements. For the purpose of calculating parking requirements, the following types of parking spaces shall not count against the maximum parking requirement, but shall count toward the minimum requirement:

Accessible parking;

ii.

Vanpool and carpool parking;

iii.

Electrical vehicle parking; and

iv.

Structured parking, underground parking, and parking within, above, or beneath the building(s) it serves.

Parking alternatives. The Director may approve alternatives to providing the minimum number of off-street parking spaces in accordance with the following standards.

Shared parking. The Director may approve non-residential shared parking facilities for developments or uses with different operating hours or different peak business periods if the shared parking complies with all of the following standards:

Location. Non-residential shared parking spaces shall be located within approximately six hundred (600) feet of an entrance unless approved by the Director.

Shared parking study. Applicants proposing to use shared parking as a means of satisfying off-street parking requirements shall submit a shared parking analysis that clearly demonstrates the feasibility of shared parking. The study shall be provided in a form established by the Director. It shall address, at a minimum, the size and type of the proposed development, location of required parking, the composition of tenants, the anticipated rate of parking turnover, and the anticipated peak parking and traffic loads for all uses that will be sharing off-street parking spaces. The applicant shall also demonstrate that any parking reduction requested as part of the shared parking study will not result in the spillover of parking onto other properties.

Agreement for shared parking. The parties involved in the joint use of off-street parking facilities shall submit a written agreement in a form to be recorded for such joint use, approved by the Director as to form and content. The Director may impose such conditions of approval as may be necessary to ensure the adequacy of parking in areas affected by such an agreement. Recordation of the agreement shall take place before issuance of a building permit for any use to be served by the shared parking area. A shared parking agreement may be revoked only if all required off-street parking spaces will be provided in accordance with the requirements of Off-Street Parking Schedule A and shall not be amended or modified without Town consent.

Off-site parking. The Director may approve the location of required off-site parking spaces on a separate lot from the lot on which the principal use is located if the off-site parking complies with all of the following standards:

Location. No off-site non-residential parking space may be located more than six hundred (600) feet from an entrance and no residential parking space more than two hundred (200) feet (measured along the shortest legal pedestrian route) unless approved by the Director. Off-site parking spaces shall be connected to the use by acceptable pedestrian facilities. Off-site parking spaces may not be separated from the use served by a street right-of-way with a width of more than eighty (80) feet, unless a grade-separated pedestrian walkway, a traffic signal, a shuttle bus, or other traffic control is provided or other traffic control or remote parking shuttle bus service is provided.

Zoning classification. Off-site parking areas shall have the same zoning classification applicable to the primary use served.

Control of site. Off-site parking spaces shall be located within a lot or tract in common ownership by all the owners of the properties that will use the lot or tract.

Ineligible activities.

Off-site parking may not be used to satisfy the parking requirements for single-family residential uses.

Agreement for off-site parking. A written off-site parking agreement between the record owners shall be required. The agreement shall guarantee the use of the off-site parking area in perpetuity. An attested copy of the agreement between the owners of record shall be submitted to the Town for recordation in a form established by the Town Attorney. Recordation of the agreement shall take place before issuance of a building permit for any use to be served by the off-site parking area. An off-site parking agreement may be revoked only if all required off-street parking spaces will be provided in accordance with the requirements of this FDC. No use shall be continued if the parking is removed unless substitute parking facilities are provided, and the agreement shall not be amended or modified without Town consent.

On-street parking. On-street parking spaces in the right-of-way adjacent to the property may be counted to satisfy the minimum off-street parking requirements, if approved by the Director. In mixed-use districts, on-street parking meeting the above criteria shall be counted towards off-street parking requirements.

Old Town District parking.

Commercial uses. There shall be no minimum off-street parking requirements for any commercial use in the OTC district.

Residential uses. There shall be minimum off-street parking requirements for any residential uses in the OTR District and for nonconforming residential uses in the OTC District.

Other eligible alternatives. At the Town's discretion, the Director may approve any other alternative to providing off-street parking spaces on the site of the subject development if the applicant demonstrates to the satisfaction of the Director that the proposed plan will protect surrounding neighborhoods, maintain traffic circulation patterns, and promote quality urban design to at least the same extent as would strict compliance with otherwise applicable off-street parking standards.

Off-street loading requirements. No building or structure used for any commercial, business, industrial, or public/institutional use shall be erected, nor shall any such existing building or structure be altered so as to increase its gross floor area by twenty-five (25) percent, without prior provision for off-street loading space in conformance with the following minimum requirements:

Loading hours. To the maximum extent practicable, loading and unloading, when not in a dedicated loading dock area, shall during off-peak or non-business hours to minimize disruption to businesses.

Location of off-street loading facilities. Loading facilities shall be in all cases on the same lot or parcel of land as the structure they are intended to serve and shown on the FDP. To the maximum extent reasonably feasible, loading areas shall be located to the rear of a site, shall not face adjacent residential areas or in an area with a residential zoning classification, and shall be oriented away from views from the street. Mitigation techniques, including appropriate siting and site design measures, may be required by the Director. Off-street loading facilities shall not obstruct or interfere with pedestrian ways, accessible parking, and emergency access and ways.

Manner of using loading areas. No space for loading or unloading of vehicles shall be so located that a vehicle using such loading space projects into any street. Adequate access and turnaround area shall be provided on-site. Any required side or rear yard may be used for loading unless otherwise prohibited by this FDC. Service and off-street loading areas shall comply with the screening requirements for such areas set forth in Subsection 16.6.4.G.

Computation of parking and loading requirements.

Fractions. When measurements of the number of required spaces result in a fractional number, any fraction shall be rounded up to the next higher whole number.

Multiple uses. Lots containing more than one (1) use shall provide parking and loading in an amount equal to the total of the requirements for all uses.

Area measurements. Unless otherwise specified, all square footage-based parking and loading standards shall be computed on the basis of gross floor area of the use in question. Structured parking within a building shall not be counted in such measurement.

Dimensions of parking spaces. The parking configuration stated in the following Table 6.6-4 shall apply to all required off-street passenger vehicle parking.

TABLE 6.6-4: PARKING DIMENSIONS
Parking Angle	Curb Length	Stall Length	Aisle Width		Bay Width
Parking Angle	Curb Length	Stall Length	One Way	Two Way	One Way	Two Way
A	B	C	D	D	E	E
90 degrees	9 feet 10 feet	19 feet	24 feet	26 feet	64 feet	64 feet
60 degrees	10.5 feet	21 feet	18 feet	22 feet	60 feet	64 feet
45 degrees	13 feet	20 feet	13 feet	20 feet	53 feet	60 feet
30 degrees	18 feet	18 feet	12 feet	20 feet	46 feet	55 feet
Parallel	23 feet	8 feet	12 feet	20 feet	20 feet	36 feet

Parking dimensions for miscellaneous uses. For miscellaneous uses authorized under Section 16.6.6.D.3, dimensions for non-passenger vehicle parking spaces and circulation shall be determined at FDP.

Parking design standards.

Purpose. The general purpose statement for off-street parking requirements set forth in Subsection 16.6.6.A shall apply to the standards of this Section.

Limitations on parking spaces in front yards and setbacks. The parking limitations set forth in Section 16.6.4 shall apply to the design standards of this Section.

Design and location of parking lots/vehicular stacking spaces.

Design and maintenance.

All parking lots/vehicular stacking spaces shall be designed, constructed, and drained in accordance with Town ordinances and regulations.

ii.

Parking lots/vehicular stacking spaces shall be continually maintained in compliance with the approved site and/or subdivision plan.

iii.

Each parking lot/vehicular stacking spaces shall meet all applicable landscaping, screening, and buffering requirements in Section 16.6.4 of this FDC.

iv.

Parking lots/vehicular stacking spaces and driveways designated to meet the minimum parking requirements shall be paved in concrete or asphalt. Recycled concrete, recycled asphalt or equivalent may be considered by the Director for non-public storage areas.

For single-family residential drives longer than one hundred (100) feet in length, the first one hundred (100) feet shall be paved (concrete or asphalt). The remaining length of driveway shall be a paved or crushed surface.

vi.

Two-way internal circulation drives without parking spaces shall have a minimum drive width of twenty-six (26) feet. One-way internal circulation drives without parking shall have a minimum drive width of twelve (12) feet.

vii.

All parking areas shall be separated at least ten (10) feet from buildings, in order to allow room for sidewalks, landscaping, and other plantings between the building and the parking area. This separation may be eliminated in the rear of buildings in areas designed for unloading and loading of materials; this applies primarily to industrial and warehousing buildings.

Vehicular circulation.

All parking areas shall be located and designed so as to avoid undue interference with the use of public streets and alleys. Parking areas shall provide suitable maneuvering room so that all vehicles may enter an abutting street in a forward direction. The backing of a motor vehicle onto a public street from a parking lot shall be prohibited unless approved by the Town Engineer.

ii.

Vehicle stacking shall not interfere with public streets.

iii.

Vehicle stacking shall not impede ingress, egress, or emergency access to the maximum extent practicable.

Stacking spaces for drive-through uses. In addition to meeting the off-street parking requirements of this Section, drive-through facilities specified in Table 16.6.6-4 shall comply with the following minimum stacking space standards unless modified by the Director of Planning and Zoning pursuant to an accepted study identified in Section 16.6.6.D.3 for unique or specific uses:

TABLE 6.6-5: SCHEDULE OF VEHICULAR STACKING SPACES
Type of Use	Minimum Vehicular Stacking Spaces	Measured From
Bank, teller lane	3	Teller window
Bank, ATM	2	Teller machine
Restaurant, with drive through	8	Pick up window *
Pharmacy, with drive through	4	Pick-up window *
Car Wash, automatic	6	Bay entrance
Car Wash, self-service	2	Bay entrance
Car Wash, full service	4	Bay entrance
Auto Service Station, gas pump island	30 feet from each end of island
Other retail	4	Pick-up window *
* To include at least 2 stacking spaces at the order box

Handicapped parking requirements.

Residential uses. Handicapped-accessible parking for residential uses shall be provided pursuant to the Americans with Disabilities Act Accessibility Guidelines (ADAAG) and the Federal Fair Housing Act.

Non-residential uses. Handicapped-accessible parking spaces shall be provided pursuant to the ADAAG.

Prohibited occupation of parking spaces.

Except for special and temporary events authorized by permit or as shown on an approved Final Development Plan, required parking spaces shall be available for the parking of operable passenger vehicles of residents, customers, patrons, and employees only, and shall not be used for the storage of vehicles or materials, for the parking of fleet vehicles used in conducting the business or use, for the purpose of displaying goods, or for the purpose of advertising.

(Ord. 982 §7, Att., 2020)

16.6.7 - Residential use category design standards.

Purpose. The standards of this Section are intended to promote high-quality residential development and construction; protect property values; encourage visual variety and architectural compatibility; and promote an integrated character for the Town's neighborhoods. Specifically, the standards shall:

Promote new residential developments that are distinctive, have character, and relate and connect to established neighborhoods;

Provide variety and visual interest in the exterior design of residential buildings;

Provide for a variety of lot sizes and housing types for a range of households and age groups;

Enhance the residential streetscape and diminish the prominence of garages and parking areas;

Enhance public safety by preventing garages from obscuring main entrances or blocking views of the street from inside residences; and

Improve the compatibility of attached and multi-family residential development with the residential character of surrounding neighborhoods.

Applicability. This Section applies to development of all uses classified as "residential" in the "use category" by Chapter 3, unless otherwise indicated.

Alternative equivalent compliance. The alternative equivalent compliance procedure in Section 16.6.1 may be used to propose alternative means of complying with the intent of this Section.

General standards for all residential development.

Mix of housing types.

Intent.

To promote a more diverse community through the provision of a variety of housing types.

ii.

To encourage developments that are not dominated by a single type of home or dwelling unit, within a narrow range of price points and densities.

iii.

To encourage "neighborhood-oriented" multi-family developments that incorporate a variety of housing types, such as a combination of duplex, townhomes, condominiums, apartments, live-work units, and single-family dwelling units in a range of sizes.

Diversification standards.

Diversification standards shall not apply to:

(A)

All zone districts that do not allow residential uses.

(B)

Certain zone districts that allow residential: RR and AG.

ii.

Residential development parcels, including parcels part of a phased development, shall provide a minimum mix of housing, based on the size of the development as required in Table 6.7-1 below:

Table 6.7-1: Housing Diversity
Development Parcel Size	Required Mix of Housing Type
0—40 Acres	1 housing type
41—80 Acres	2 housing types
81—160 Acres	3 housing types
161—320 Acres	4 housing types
321—640 Acres	5 housing types
641+ Acres	6 housing types

iii.

Housing types that apply to Table 6.7-1 include:

(A)

Single-family detached;

(B)

Duplex;

(C)

Single-family attached—Townhouse;

(D)

Multi-family six (6) units or less;

(E)

Multi-family apartments (seven (7) units or more); and

(F)

Live-work units.

iv.

For purposes of housing type, front loaded garage products versus alley or rear-loaded garage products shall be considered a unique and separate housing type.

For unlisted, unique or miscellaneous products such as age restricted products, patio homes, motor court products, or detached townhomes that are distinct from the housing types above may be considered for designation as unique housing types through the preliminary plat, overlay rezoning or PUD rezoning processes.

Additional standards for single-family detached and attached dwelling units.

Architectural variety and character.

General purpose. The purposes of these architectural variety and character standards are to:

Encourage creativity in design and architectural interest on all sides of single-family detached and attached dwelling units that results in attractive, long-lasting neighborhoods.

Applicability. These standards shall apply to all uses classified as "single-family detached dwelling unit" and "single-family attached dwelling unit" by Chapter 3, for all new lots, in subdivisions created under this FDC except for lots located within the RR zone district or over two (2) acres in size.

Architectural variety.

Design standards.

(A)

No model plan elevation shall be repeated directly across any street from the same model plan and elevation.

(B)

No model plan elevation shall be repeated more than once every four (4) lots on the same side of the street. For single-family attached duplex buildings, each building shall be considered an elevation.

(C)

For elevations of the same model to be considered unique for the purpose of architectural variety, elevations shall be distinct in character, style, form, and massing.

(D)

Change in paint color shall not be considered distinct for the purposes of architectural variety.

ii.

Tracking.

(A)

It shall be the responsibility of the developer to maintain a record of home model variety for every development parcel.

(B)

It shall be the responsibility of the developer to disclose these architectural variety standards to potential homebuyers. Failure on the part of the developer to disclose these requirements shall not be grounds for relief from these architectural variety standards as applied to any individual home.

Architectural character. Each single-family model plan and elevation shall demonstrate the following attributes:

Design standards.

(A)

Each elevation shall include a minimum of two (2) windows (or one (1) window and one (1) door) per floor. Total face feet of such openings per floor shall not be less than twenty (20) square feet;

(B)

Each front and rear elevation shall include more than one (1) wall plane with a horizontal separation of at least eighteen (18) inches. Articulation that adds shadow and visual interest is encouraged;

(C)

A variety of roof forms shall be used. Single unbroken roof pitches and pitches less than four (4) to twelve (12) shall be avoided, except where such roof is an essential element of the architectural style. Where flat roofs are the dominant roof form, such roof shall include a parapet of at least eighteen (18) inches in height;

(D)

The roof shall extend beyond the primary façade by a minimum of one (1) foot except where a flat roof and parapet is incorporated.

(E)

An elevation of the home that faces a street, park, trail corridor, or open space area shall provide an enhanced elevation. An enhanced elevation shall provide three (3) or more of the following design enhancements listed in (1) through (5) below. Application of the design enhancement shall be applied in a manner that is consistent with the style of the home. Side and rear elevation design enhancements shall be consistent with the design elements of the front elevations.

(1)

The addition of one (1) window or door;

(2)

A change in wall plane by providing one (1) or more of the following options:

■ An additional wall plane change. Minimum six (6) feet in width and one (1) foot projection;

■ A projecting or cantilevered living space;

■ A bay or boxed window.

(3)

A covered porch or deck;

(4)

The addition of architectural detail elements such as: window grids, shutters, eave brackets, exposed rafter tails, corbels, lintels, trellises, columns and pilasters;

(5)

The use of a minimum of two (2) exterior cladding materials that may include materials such as masonry (cultured stone, stone, brick, stucco, or tile), lap siding, shingles, board and batten, or other decorative siding treatment consistent with style of the elevation.

(F)

Columns of posts extending more than thirty-six (36) inches above the ground which support structural elements such as porches, decks, or roofs should appear to be of adequate mass to support the structure above. (No exposed four-inch by four-inch posts shall be allowed more than thirty-six (36) inches above the ground). Columns supporting upper story decks should be a minimum of eight (8) inches by eight (8) inches finished.

ii.

Materials.

(A)

All exterior materials shall be of high quality, used in applications and treated appropriately to provide an attractive and long lasting appearance. Vinyl siding, pressboard, and Exterior Insulating and Finish System (EIFS) are prohibited.

(B)

When masonry cladding is used, it should be in locations where its mass is logical and appropriate. In instances where masonry wraps the exterior corner of the home, the masonry shall continue to a natural transition point such as an inside corner of a projecting wall, column, door, window, or other logical point. In cases where no such feature exists near the corner, the masonry wrap shall extend at least six (6) feet from the corner.

Orientation of dwellings to the street. Each residence shall have at least one (1) primary pedestrian doorway for access to the dwelling unit generally visible from the front lot line of the property and within twelve (12) feet of the most forward plane of the ground level living space within the house. On corner lots, the pedestrian doorway may face any adjacent street. For dwelling units that do not have street frontage but front onto a park or landscaped common area, the primary pedestrian doorway shall be oriented toward such common area and include a pedestrian walk that connects to adjacent streets.

Garages. The regulations for garages shall be applied to non-living space or storage areas within garages when used for the storage of automobiles or other items.

Diversity of garage location.

Except for garages oriented to alleys, all single-family homes shall provide garages that meet one (1) of the requirements below:

(A)

Recessed garage where the primary garage door generally faces the front lot line and the garage is recessed a minimum of two (2) feet behind the most forward plane of the main floor living space or a front porch;

(B)

Projecting garages where the primary garage door generally faces the front lot line and the garage projects no more than fifteen (15) feet from the front door;

(C)

Side-loaded garages;

(D)

Garages recessed a minimum of two (2) feet beneath a second floor living space.

The width of a front-loaded garage shall not exceed fifty-five (55) percent of the width of the front elevation for two-car garages or sixty-five (65) percent of the width of the front elevation for three-car garages.

Three-car or more garage orientation. The additional bay of any three-car or more garage shall:

Have a different orientation from the first two;

ii.

Shall be off-set by at least two (2) feet from the first two garages when having the same orientation; or

iii.

Shall be tandem to the first two.

Minimum front porch. Each home shall include a covered front porch. The front porch shall be a minimum size of fifty (50) square feet in floor area excluding the area required to access the front door and shall have a minimum depth of five (5) feet. For unique products or specific architectural style that may not accommodate a front porch, Alternative equivalent compliance and justification shall be provided.

Townhomes.

No more than six (6) townhome dwelling units may be attached in any single row or building cluster.

Within each townhome building, individual dwelling units shall be differentiated through two (2) or more of the following methods:

Use of distinct variations in materials between individual dwelling units;

ii.

Use of distinct variations in architectural style or features, such as a porch or similar feature, between individual dwelling units;

iii.

Use of distinct variations in roof form;

iv.

Variation in garage orientations; or

A variation in the plane of the front facade to provide a minimum three (3) foot variation between individual dwelling units.

Motor court designs.

Residential housing products oriented around a motor court shall have the following additional requirements:

The motor court, which includes the driveway on the shared tract and the private garage aprons on private lots, shall consist of colored pavers installed in decorative pattern;

ii.

Each residential lot shall be provided with lot frontage on the motor court which provides access to a public street;

iii.

Dwellings in the middle and rear of the motor court shall be oriented towards the motor court with both the primary pedestrian door and garage facing the motor court;

iv.

Dwellings on street side lots shall have the primary pedestrian door facing the street and the garage door shall face the motor court;

The width of a two (2) car garage shall not exceed sixty-seven (67) percent of the width of the elevation;

vi.

Front doors shall be located within eight (8) feet of the face of the garage door and porches shall project past the face of the garage by at least two (2) feet;

vii.

A front porch that is a minimum of fifty (50) square feet and five (5) feet in depth inclusive of the front stoop is required on all models not adjacent to the street;

viii.

Street side models shall include a wrap-around porch that extends a minimum of twelve (12) feet wide on the side with a minimum depth of five (5) feet. The porch shall be a minimum of one hundred (100) square feet inclusive of the front stoop;

ix.

Windows are required in the garage door;

No more than two (2) of the same model are permitted within a single motor court; and

xi.

If two (2) of the same model do exist within the same motor court, they shall be of different elevations.

Additional standards for multi-family residential.

Building design and character.

General purpose. The purposes of these building design and character standards are to establish an approach to multi-family development that encourages creativity in design of buildings or dwelling units that results in attractive, long-lasting multi-family neighborhoods.

Application. These standards shall apply to all multi-family residential development within the Town. Multi-family development shall include multi-family buildings of six (6) units or less, and apartments.

Building orientation.

Intent. To create an integrated neighborhood appearance for multi-family developments that establishes a pattern that is integrated with adjacent uses instead of segregated as a separate sub-community.

ii.

Design standards.

(A)

The primary entrance and facade of individual buildings within a multi-family development shall be oriented, in the following order, towards:

(1)

Primary internal or perimeter streets; or

(2)

Common open space, such as interior courtyards, parks, or on-site natural areas or features with a clearly defined and easily accessible pedestrian circulation system; or

(3)

Other similar but unique features integrated into the design.

(B)

Primary entrances and facades shall be integrated into the on-site pedestrian network and emphasized through entryway design.

Architectural character.

Intent.

(A)

To improve the appearance of multi-family developments through the incorporation of architectural detailing, facade articulation, and other features designed to provide a more distinct character and pedestrian scale for multi-family buildings of all sizes.

ii.

Design standards.

(A)

All sides of a multi-family building shall display a similar level of quality and architectural detailing. The majority of a building's architectural features and treatments shall not be restricted to a single facade. Building details, including roof forms, windows, doors, trim, and siding materials, shall reflect the architectural style of the building.

(B)

The maximum length of any multi-family building shall be one hundred sixty (160) feet. Lengths exceeding one hundred sixty (160) feet may be considered for buildings with greater articulation, variety in massing, and enhanced detail and also where contextual design is incorporated including the type and scale of adjacent uses or such buildings are located internal to the development.

(C)

At the perimeter of the development and where located adjacent to streets, parks, open space, trails, or lower density residential, buildings shall step down adjacent to such features or uses in a manner consistent with the context of the adjacent feature or use.

(D)

Blocky, uniform facades are prohibited. The facades of all multi-family buildings shall be articulated through the incorporation of two (2) or more of the following:

(1)

Balconies;

(2)

Bay or box windows;

(3)

Insets or other relief in the wall plane;

(4)

Porches;

(5)

Dormers;

(6)

Variations in materials; or

(7)

Variations in roof forms.

(E)

External stairwells are prohibited. Stairwells shall be enclosed within the building or incorporated into the façade architecture. This provision shall also apply to motels and hotels.

(F)

The incorporation of a variety of roof forms is strongly encouraged. Generally, multi-family buildings shall incorporate roof pitches of between three (3) to twelve (12) and twelve (12) to twelve (12); however, alternative roof forms may be permitted at the discretion of the Director.

(G)

Roof overhangs shall be a minimum of twelve (12) inches to establish strong shadow lines and complement the pitch and architectural style of the structure.

(H)

Horizontal variations in materials along the facade of a multi-family building shall occur in conjunction with a change in wall plane, preferably at the inside corner of a wall.

Architectural variety.

Intent.

(A)

To ensure that individual groupings of multi-family buildings within a larger development exhibit a distinct variation in size and mass.

ii.

Design standards.

(A)

Apartments.

(1)

Apartment developments shall incorporate a variety of distinct building designs according to the scale of the development, as follows:

■ One (1) model for every four (4) buildings minimum. Models shall be evenly utilized to the maximum extent practicable.

(2)

Distinct building designs, as required above, shall be easily distinguished through a minimum of two (2) of the following:

■ A variation in length of thirty (30) percent or more;

■ A variation in the footprint of the building of thirty (30) percent or more;

■ A distinct variation in use of materials;

■ A variation in the type of dwelling unit contained in the building that results in a significantly different scale and mass, i.e., apartments vs. townhomes or duplexes; or

■ A distinct variation in building height and roof form.

(3)

Apartment buildings shall be designed to incorporate visually heavier and more massive elements at the building base, and lighter elements above the base. Upper stories shall not appear heavier or demonstrate greater mass than the lower stories of the building.

(4)

Apartment buildings shall provide concentrated dwelling unit access points. Monotonous access balconies and corridors running the length of a building shall be prohibited.

Materials.

Intent.

(A)

To maximize the quality, value, and longevity of multi-family neighborhoods through the use of durable materials that will minimize maintenance costs and improve the overall appearance of the development.

ii.

Design standards.

(A)

Primary exterior building and roofing materials shall be constructed from durable materials with product warranties or an industry expected life of a minimum of twenty-five (25) years.

(B)

Vinyl siding and EIFS shall not be permitted.

Parking and garage placement. On-street parking spaces may be counted towards guest parking for a multi-family development, provided the on-street spaces are located on an adjacent or internal street that allows on-street parking. On-street parking spaces being counted towards the minimum requirement for guest parking shall be identified on plans at time of submittal to the Town. Required dwelling unit parking shall be off-street and may consist of garages, driveways, and surface parking.

Apartments.

To the maximum extent reasonably feasible, garage entries, carports, parking lots, and parking structures shall be internalized in building groupings and located away from street frontages.

ii.

Parking lots and freestanding parking structures (detached garages or carports) shall not occupy more than thirty (30) percent of each perimeter public street frontage.

iii.

To the maximum extent reasonably practicable, freestanding parking structures (detached garages or carports) that are visible from perimeter public streets shall have enhanced architectural articulation and screened through a combination of landscaping and berms in order to reduce visual impacts on the streetscape.

iv.

Carports and common garages shall be limited to sixty (60) feet in length. Length may be increased to a maximum of one hundred (100) feet with enhanced architecture. Garages shall be separated from each other by a landscape area at least fifty (50) feet in width.

Garage doors of attached garages shall not comprise more than forty-five (45) percent of the total length of an apartment building's front facade, and the plane of not more than four (4) adjacent garage doors shall be offset by at least two (2) feet from the plane of any additional adjacent garage doors.

vi.

Detached garages and carports shall incorporate compatible materials, scale, colors, architectural details, and roof slopes similar to those of the primary multi-family buildings.

vii.

Rear walls of detached garages that back onto a perimeter street, park, open space, trail, or common area shall be articulated or punctuated through the use of two (2) or more of the following options every twenty (20) feet in length:

(A)

Window openings defined by frames, sills and lintels;

(B)

Projecting architectural features such as trellis structures spaced along the rear wall and coordinated with windows;

(C)

Change in wall plane of at least twelve (12) inches;

(D)

Vertical change in material or masonry pattern; or

(E)

Change in roof form.

Alleys. To break up the appearance of long expanses of garages, a variety of garage setbacks and configurations along the length of the alley including change in wall plane and architectural features shall be incorporated.

(Ord. No. 1022, §§ 8, 9, 12-14-2022; Ord. No. 1003, §§ 20, 21, 12-8-2021; Ord. 982 Att., 2020)

16.6.8 - Commercial and public/institutional use categories design standards.

Alternative equivalent compliance. The alternative equivalent compliance procedure in Section 16.6.1 may be used to propose alternative means of complying with the intent of this Section.

Standards for the Old Town Commercial (OTC) District.

Purpose. These standards are intended to provide guidance for all mixed-use, commercial and public/institutional infill and redevelopment within the OTC District and to ensure that new development respects the small-town scale and historic context of the area. The standards will assist investors in making design choices that will have a positive impact on both the historic and future character of the OTC District and provide attractive, pedestrian-oriented structures and streetscape.

Applicability. These standards shall apply to development in the OTC District of any structure categorized in Chapter 3, as a "commercial" or "public/institutional" use.

Site layout.

Parallel to lot lines. New construction shall be built parallel to lot lines to reflect the historical orientation of non-residential structures. Structures shall not be oriented at an angle to lot lines.

Building to sidewalk edge. In the OTC District, the primary building facade for new buildings shall be located adjacent to the sidewalk edge to the maximum extent practicable. The building façade may be set back if pedestrian areas are incorporated that activate the street such as outdoor patios and seating.

Orientation of primary facade. The primary facade of a structure shall be oriented to First Street.

Building front width pattern.

A single, large, dominant building mass on a building front shall be avoided. Buildings shall integrate variation in height, texture, color and façade depth. All building facades shall have similar levels of architectural detailing.

Building design.

Historic building styles. New designs shall draw upon the common elements of historic buildings. Examples of common elements include similar fenestration, cornice lines, building widths, and other exterior features.

Ground-floor pedestrian interest.

The ground floor of a new building or addition to a building shall encourage pedestrian activity by providing along primary pedestrian ways elements such as large display windows, awnings, kick plates and transoms, public art and landscaping, and decorative wall surfaces and trims.

ii.

Buildings shall avoid blank walls or a vacant lot appearance along streets, primary pedestrian ways, and adjacent residential.

iii.

All primary entry doors to the building shall be oriented to the adjacent street. Primary entry doors and entry ways into buildings shall feature at least three (3) of the numbered elements below:

(A)

Awnings;

(B)

Recesses or projections;

(C)

Arcades;

(D)

Outdoor patios;

(E)

Large display windows;

(F)

Decorative moldings that are integrated with other decorative moldings on the building; or

(G)

Accent landscaping beds.

Upper-floor distinction. New buildings shall maintain the distinction between the upper floor and the street level.

The distinction between the street level and upper levels should be expressed through detailing, changes in materials, and fenestration.

ii.

Upper floors shall be perceived as being more opaque than the lower floor.

Wall articulation.

Structure's having single walls exceeding fifty (50) feet in length shall incorporate a minimum of three (3) or more of the numbered choices below at least every fifty (50) feet in length:

(A)

Changes in color, graphical patterning, texture or material;

(B)

Projections, recesses, and reveals, expressing structural bays or other aspects of the architecture with a minimum change of plane of twelve (12) inches;

(C)

Windows and fenestration;

(D)

Awnings; or

(E)

Other projecting architectural features.

Roofs. In the OTC District, the primary roof form for new buildings shall appear to be flat and include parapets. Additions to structures should have similar roof forms and pitches.

Building materials.

No more than twenty-five (25) percent of each façade of the building shall be finished with metal material.

ii.

Façade building materials shall not create excessive glare. Mirrored glass shall not be permitted.

Awnings.

Awnings shall have a matte finish. Awnings with high-gloss finishes shall not be used.

ii.

Illuminated, plastic awnings shall be prohibited.

iii.

Awning colors shall be compatible with the overall color scheme of the façade.

Standards for the neighborhood center (NC), regional commercial (RC), and public land and institutions (PLI).

Purpose. This Section is intended to promote high-quality building design, foster a more human scale and attractive street front in commercial, business, and public land and institution districts, project a positive image to encourage economic development in the Town, and protect property values both of the subject property and surrounding areas.

Applicability. These standards apply to development outside of the OTR district to any structure categorized in Chapter 3, as a "commercial," "public/institutional" use category.

Building orientation.

All primary buildings shall be oriented towards a public street.

If the proposed development consists of more than one building, all primary and pad site buildings shall be arranged and grouped so that their primary orientation compliments and addresses parking areas, public spaces, pedestrian ways, other site amenities, and adjacent, existing development.

Building functions such as garages, maintenance bays, loading and delivery areas, mechanical areas and other similar functions shall not be oriented towards the street.

Building massing and façade.

Building mass. A single, large, dominant building mass shall be prohibited. Buildings shall be designed to integrate variations in height, texture, color, and façade depth.

Four-sided architecture. All building facades shall have similar levels of architectural detailing.

Wall articulation. Primary structures shall incorporate, in substantial and proportional means, three (3) or more of the following features at least every forty (40) feet in length:

Changes in texture or changes in material;

ii.

Projections, recesses, and reveals, expressing structural bays or other aspects of the architecture with a minimum change of plane of twelve (12) inches;

iii.

Windows and fenestrations;

iv.

Awnings or other projecting architectural features; or

Changes in roof line or form.

Entrances. Each primary structure shall have a clearly defined main pedestrian entrance featuring at least three (3) of the following elements:

Canopies or porticos;

ii.

Overhangs;

iii.

Recesses or projections;

iv.

Arcades;

Arches;

vi.

Peaked roof forms;

vii.

Outdoor patios;

viii.

Display windows;

ix.

Architectural tilework or moldings integrated into the building design; or

Integrated planters or wing walls that incorporate landscaped areas or seating areas.

Roofs.

Where flat roofs are used, a parapet wall at least eighteen (18) inches in height shall be used on all sides of the structure. Long continuous runs of parapets shall be prohibited. Parapet detailing shall be integrated into overall building architecture.

On all structures exceeding two (2) stories in height, roofs shall internally drain, and external scuppers and wall drains shall be prohibited.

Ground floor treatment. Buildings shall incorporate a human scale at ground level on commercial buildings and along street facades and entryways through the use of such scale elements as windows, doors, columns, and beams.

Building materials.

No more than twenty-five (25) percent of each façade of the building shall be finished with metal material.

Vinyl siding, EIFS, and smooth face block are prohibited.

Façade building materials shall not create excessive glare when viewed from any public street or from any residential area. Mirrored glass is prohibited

Bright colors. Intense, bright, or fluorescent colors shall not be used as the predominant color on any wall or roof of any primary or accessory structure. These colors may be used as building accent colors, but shall not constitute more than ten (10) percent of the area of each elevation of a building. Permitted sign areas shall be included in this calculation.

(Ord. 982 §8, Att. 2020)

16.6.9 - Manufacturing and light industrial categories and design standards.

Purpose. To encourage high-quality design appropriate for manufacturing and light industrial uses while promoting economic development, protecting adjacent uses and fostering a positive image for the community.

Application. All development or any structure in manufacturing and light industrial use categories in Chapter 3.

Standards. All standards from the section 16.6.8.C, Standards for neighborhood center (NC), regional commercial (RC), and public land and institutions (PLI) shall apply except as modified below.

Wall articulation. Features shall be incorporated at least every one hundred (100) feet in building length.

Ground floor treatment. Not applicable.

Materials. No more than twenty-five (25) percent of each façade of the building facing a public street, open space, park, trail, or any residential area shall be finished with metal material.

16.6.10 - Exterior lighting.

Purpose. The general purpose of this Section is to require efficient outdoor lighting that is adequate for safety and convenience; in scale with the activity to be illuminated and its surroundings; directed to the surface or activity to be illuminated on-site; and prevent spillover, glare, and light pollution.

Applicability.

General. All exterior lighting for any type of multi-family residential development, non-residential development, or common areas and streetlights within subdivisions shall comply with the standards of this Section, unless excepted in Subsection 16.6.10.B.3.

Lighting plan requirement. All non-residential developments and all multi-family residential developments shall submit a proposed exterior lighting plan. The plan must be submitted concurrently with the Final Development Plan. The exterior lighting plan shall include photometric plans and specifications for streetlights, parking lot lights, and exterior building lights. The specifications shall include details of the pole, fixture height and design, lamp type, wattage, and spacing of lights.

Excepted lighting. The following types of lighting are excepted from the requirements of this Section.

Soffit or wall-mounted luminaries that are permanently attached to single-family residential dwelling units, not to exceed the height of the eave.

Public street and right-of-way lighting.

Temporary decorative seasonal lighting.

Temporary lighting for emergency or nighttime work and construction.

Temporary lighting for performance areas, or special public events, and other similar events.

Lighting for a special district, street, or building that, according to an adopted municipal plan or ordinance, is determined to require special lighting aesthetics as part of its physical character.

Lighting for outdoor recreational uses such as ball fields, playing fields, tennis courts, and similar uses, provided that such lighting is reviewed subject to an Final Development Plan such that the purpose of this section is met.

General review standard. If installed, all exterior lighting shall meet the functional security needs of the proposed land use without adversely affecting adjacent properties or the community. For purposes of this Section, properties that comply with the design standards of Subsection 16.6.10.D below shall be deemed to not adversely affect adjacent properties or the community.

Design and illumination standards. Exterior lighting is not required except for purposes of public safety. However, if installed, all exterior lighting shall meet the following design standards:

Any light source or lamp shall be concealed or shielded with a full cut-off style fixture.

All fixtures shall utilize light emitting diode (LED) bulb types.

The maximum height of any light pole shall be twenty-five (25) feet. For parking lots larger than five (5) acres, the maximum height shall be thirty-five (25) feet if the pole is located at least one hundred (100) feet from any residential use.

To the maximum extent practicable, lighting levels shall be uniform.

Floodlights shall not be permitted.

Lighting on automobile service station, convenience store, and other outdoor canopies shall be fully recessed into the canopy.

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

In no case shall exterior lighting add more than one (1) foot-candle to illumination levels at any point off-site adjacent to residential.

In no case shall exterior lighting add more than five (5) foot-candles to illumination levels at any point off-site adjacent to non-residential.

10.

All outdoor light not necessary for security purposes shall be reduced, activated by motion sensor detectors, or turned off during non-operating hours.

11.

Light fixtures used to illuminate flags, statues, or any other objects mounted on a pole, pedestal, or platform shall use a narrow cone beam of light that will not extend beyond the illuminated object.

12.

For upward-directed architectural, landscape, and decorative lighting, direct light emissions shall not be visible above the building roofline.

13.

No flickering or flashing lights shall be permitted, except for temporary decorative seasonal lighting.

(Ord. 982 Att. 2020)

16.6.11 - Operational standards.

Purpose. The purpose of these operational standards is to prevent land or buildings within the Town from being used or occupied in any manner so as to create any dangerous, injurious, noxious, or otherwise objectionable conditions that would create adverse impacts on the residents, employees, or visitors on the property itself or on nearby properties.

Applicability. The provisions of this Section shall apply to all land within the Town.

Standards.

Vibration. No vibration shall be produced that is transmitted through the ground and is discernible without the aid of instruments at or at any point beyond the lot line.

Air pollution. There shall not be discharged into the atmosphere any contaminant for which threshold limit values are listed for working atmosphere by the American Conference of Governmental Industrial Hygienists in such quantity that the concentration of the contaminant at ground level at any point beyond the boundary of the property shall at any time exceed the threshold limit. Visible emissions of any kind at ground level past the lot line of the property on which the source of the emissions is located are prohibited.

Odors. Any condition or operation that results in the creation of odors, vapors, or gaseous emissions of such intensity and character as to be detrimental to the health and welfare of the public or that interferes unreasonably with the comfort of the public shall be removed, stopped, or so modified as to remove the odor.

Electromagnetic radiation. It shall be unlawful to operate, or cause to be operated, any planned or intentional source of electromagnetic radiation for such purposes as communication, experimentation, entertainment, broadcasting, heating, navigation, therapy, vehicle velocity measurement, weather survey, aircraft detection, topographical survey, personal pleasure, or any other use directly or indirectly associated with these purposes that does not comply with the then-current regulations of the Federal Communications Commission regarding such sources of electromagnetic radiation.

Materials and waste handling. No person shall cause or permit any materials to be handled, transported, or stored in a manner that allows particulate matter to become airborne or liquid matter to drain onto or into the ground. All materials or wastes that might cause fumes or dust or that constitute a fire hazard or that may be edible by or otherwise be attractive to wildlife or insects shall be stored outdoors only in closed, impermeable trash containers that are screened in accordance with this FDC. Toxic and hazardous materials and chemicals shall be stored, secured and maintained so that there is no contamination of ground, air, or water sources at or adjacent to the site. Notwithstanding anything contained herein, all treatment, storage, disposal, or transportation of hazardous waste shall be in conformance with all federal and state statutes, codes, and regulations. Provisions shall be provided so that all lubrication and fuel substances shall be prevented from leaking and/or draining onto the property.

Noise. [Reserved].

16.6.12 - Signs.

Purpose. The purpose of this article is to protect the health, safety and general welfare of the citizens by providing uniform regulations and standards of signs within the town, with recognition that:

Signs are a useful means of visual display for the convenience of the public and for the efficient communications of commercial and noncommercial speech;

The public needs to be protected from signs which obscure the vision of motorists or interfere with official traffic control devices and the orderly movement of traffic;

A reasonable balance is sought between the interests of signage and the interest of the Town to secure for its citizens the opportunity to enjoy pleasant and attractive surroundings protected from visual discord and clutter that may result from the unrestricted proliferation and placement of signs;

Regulation of sign design, construction, installation, repair and maintenance is necessary to protect the public from potential hazards;

Regulation of signs is necessary to preserve and enhance the aesthetic quality of life in the community; and

Reasonable regulations are necessary to conserve the character and economic value of property and neighborhoods.

Alternative equivalent compliance. The alternative equivalent compliance procedure in Section 16.6.1 may be used to propose alternative means of complying with the intent of this Section.

Applicability and exemptions.

Generally. This article shall apply to, govern and control the display, construction, installation, erection, alteration, use, location, maintenance, and removal of all signs within the Town that are not specifically exempt from such application, provided, that whenever both a provision of this article and any other law, statute or ordinance of any kind restrict the same subject matter, the most restrictive standard shall govern. Noncommercial speech is permitted to be substituted on any sign where commercial speech is allowed.

Exemptions. This Section does not apply to the following:

The United States flag, state flags, pennant flag strings and any flag, crest or insignia of any official governmental agency or of any civic, charitable or religious organization.

Any item of merchandise or models of products or services that may be visible in a store window but does not inhibit proper visibility into the space for safety and security.

Scoreboards, time and temperature, or stock exchange information devices not related to any product or service.

Required signs.

Memorial signs.

Governmental signs.

Murals which do not advertise or identify a business or depict a business name, symbol, trademark or logo.

Address signs which contain only the street address and number.

Town decorations, banners, signs or other elements located on Town property, right-of-way, utility poles, or streetlights and elements approved through the Town's special events process.

Freestanding works of art and building architectural features that are integral to the design of a building.

Sign permit requirements and exceptions.

Sign permits required. No sign shall be displayed, constructed, installed, erected, remodeled, relocated, expanded, altered or have the copy of the sign changed or altered (unless the sign was approved to allow such modifications) until a sign permit for such sign has been obtained from the Town unless the sign qualifies as an exception to the permit requirements. No permit is required for routine sign maintenance.

Sign permit fees. The fee for a sign permit shall be the building permit fee charged for the sign as determined by the currently adopted building and electrical codes.

Compliance with provisions.

No permit shall be issued unless there is full compliance with the provisions of this Section.

All signs must conform to the regulations and design standards of the adopted building and electrical codes.

Exceptions from sign permit. The following signs may be displayed without a sign permit, but are not exempt from other applicable provisions of this article:

Building numbers and addresses.

Interior signs.

Signs accessory to utility cabinets or pedestals.

Small signs.

Temporary signs in single-family districts.

General standards.

Owner consent. A sign shall not be placed on non-residential property without the written consent of the owner or the owner's authorized representative or upon residential property without the consent of the property owner.

Responsibility. Business owners and property owners shall be jointly and severally responsible for and assume all liability for the safe installation and display of all signs and advertising devices installed pursuant to this article.

Maintenance and upkeep. Every sign and its supporting structure shall be constructed of durable materials and properly maintained in good structural condition. All signs, sign finishes, supports and electrical work shall be kept in good repair and safe condition.

Signs that are damaged or have materials that are missing, broken or deteriorated, shall be repaired or removed within thirty (30) days. The maintenance, renovation, or repair of a sign without structural alteration and without change of sign copy shall not require a new sign permit, but may require a building permit under the Town's adopted building codes.

Safety. Should a sign, in the determination of the Town's Chief Building Official (CBO or Building Official), become unsecured or in danger of failing, or otherwise unsafe, the CBO or Director may give written notice of the condition of the sign and an order to correct the condition to the person owning, leasing or responsible for the sign. Said person so ordered shall correct the unsafe condition of the sign in a manner to be approved by the Town's building official in conformity with the provisions of this article.

Appearance. All power units and their appurtenances shall be concealed. All wiring to freestanding signs shall be underground.

Nuisance. Signs that do not meet the standards of this section shall be deemed a nuisance in accordance with Chapter 8.06 of the Town of Firestone Municipal Code.

Attaching structures or objects. No sign shall be attached to a tree, utility cabinet or pedestal, mailbox, traffic control device, utility pole, or other similar structures or objects whether on public or private property.

Interference with traffic; imitation of traffic signs and signals. No sign shall be permitted in the site distance clearance area per the Town's Standards and Specifications or at any location where, because of its position, size, shape or color, it may obstruct, impair, obscure, interfere with the view of, or be confused with, any traffic control sign, signal or device, nor may it interfere with, mislead or confuse traffic.

Public right-of-way. No sign shall be permitted on public right-of-way except governmental traffic control, governmental informational signs, or Town-owned or authorized directional and information signs.

10.

Illuminated signs. Illuminated signs shall be shaded to avoid casting bright light upon property in any residential district or upon any public street, park, or public facility.

Prohibited signs and sign elements.

Generally. The prohibitions in this section apply to temporary and permanent signs in all areas of the Town.

Animated signs or signs with animated or moving parts, including any moving, swinging, rotating or spinning parts or flashing, blinking, scintillating, fluctuating, or otherwise animated light, except Electronic Message Displays, clocks, and temperature signs that are in conformance with this section.

Abandoned or inoperable signs.

Roof signs or any sign extending above the roofline of the building on which it is placed.

Vehicle signs.

Any sign that obstructs building egress or ingress; any opening required for ventilation or light; or any equipment or structures that are related to public safety, building operations, or utility service or architectural features.

Design standards for permanent signs.

Wall signs. Wall signs include projecting, canopy, awning, hanging, window, and wall signs and are subject to the following:

Sign area.

In general, sign area is the area that completely encloses the limits of text and graphics of a sign, together with any frame or other material or color forming an integral part of the sign face.

ii.

Allowable total wall sign area for each tenant or building elevation in the non-residential zoning districts (see Table 6.12-1) shall be calculated as ten (10) percent of the total wall area for that elevation. Tenants with less than thirty-two (32) square feet of total wall area are permitted to have up to thirty-two (32) square feet of sign area.

Location.

Wall signs shall be permitted on each tenant or building elevation that faces or is immediately visible from a street, drive aisle, or parking lot.

ii.

Wall signs shall not be located on the roof of a building nor extend beyond the roofline of the building on which it is placed.

iii.

Signs that project from the wall face shall provide a minimum clearance above a sidewalk, public place, or other pedestrian way of eight (8) feet.

iv.

Signs that project from the wall face shall not extend into parking lots, drive aisles, fire lanes or loading areas.

Signs that project from the wall face may project into adjacent rights-of-way up to a distance of two (2) feet subject to an approved license agreement with the Town.

vi.

Permanent applied window signs shall be affixed to the window in a professional manner (e.g., without wrinkles, bubbles, tape, etc.).

Freestanding signs. Freestanding signs include monument, subdivision identification, development identification, and multi-tenant signs and are subject to the following:

Sign area.

In general, sign area is the area that completely encloses the limits of text and graphics of a sign, together with any frame or other material or color forming an integral part of the sign face.

ii.

Allowable freestanding sign area for each lot shall be calculated as one (1) square foot of sign area for each lineal foot of lot frontage facing a public street, private street, or highway.

iii.

For double-sided signs, if the faces are equal in size, then only one (1) side shall be considered when determining the sign area. If the faces are not equal in size, then the larger sign face shall be considering when determining the sign area. If the entire angle of double-sided sign exceeds forty-five (45) degrees, then all faces are considered in calculating the sign area.

Location.

Freestanding signs shall be permitted on each lot frontage that faces a public street, private street, or highway.

ii.

Freestanding signs shall not be located within the site distance clearance area as determined in the Town Standards and Specifications.

iii.

Freestanding signs shall not be located within easements unless allowed by the easement holder.

iv.

Freestanding signs shall be located at least five (5) feet from the front property line, five (5) feet from the street sidewalk, or ten (10) feet from the curb line, whichever is greater.

Freestanding signs shall be spaced at least twenty-five (25) feet from adjacent freestanding signs.

vi.

Freestanding signs shall be located in landscaped beds that extend at least four (4) feet from the base.

Base construction. Freestanding signs must include a solid base that matches or is complimentary in design and materials of the associated building or development. The base shall be equal to or greater in width then the sign face.

Small signs. Small signs shall include permanent freestanding signs not more than four (4) square feet in size and less than three (3) feet in height for the convenience of the public to identify entrance and exit drives, circulation, and other wayfinding on-site.

Town of Firestone Identification. All residential subdivision and development identification freestanding signs shall include the Town's name Firestone, CO or Firestone, Colorado on the sign.

Changeable copy displays ("CCDs"). Changeable copy displays ("CCDs"), including Electronic Message Displays ("EMDs") and manual changeable copy displays, may be incorporated into signs in the non-residential zoning districts (see Table 6.12-1) and operated only as provided in this subsection.

Number, design, dimensions.

CCDs shall be integrated into the sign face area of a permanent sign.

ii.

EMDs shall not have a pixel pitch that is greater than twenty (20) mm.

iii.

Not more the one-third (33.3) percent, of a permitted monument sign may be occupied by a CCD.

Electronic Message Display operations.

The displayed message of an EMD shall not change more frequently than once per sixty (60) seconds.

ii.

The EMD shall contain static messages only. No transition between images are messages is permitted.

iii.

The EMD shall have automatic dimmer software or solar sensors to control brightness for nighttime viewing and variations in daytime ambient light. The intensity of the light source shall not produce glare, the effect of which constitutes a traffic hazard or is otherwise detrimental to the public health, safety or welfare.

Zoning districts.

Generally. In recognition that the Town is a place of diverse physical character, and that different areas of the Town have different functional characteristics, signs shall be regulated based on zoning district in which they are located.

Permanent sign standards.

Single family residential permanent sign standards. Table 6.12-2 below details the standards for the RR, R-A, R-B, OTR, PUD with Single Family, and AG Districts.

TABLE 6.12-2: SINGLE-FAMILY RESIDENTIAL SIGN STANDARDS
Sign Type	Maximum Number	Maximum Area	Maximum Height	Allowed Illumination
Wall	1 per lot	4 sf	n/a	None
Freestanding	1 per entry point into a residential subdivision	100 sf (inclusive of text and logo only)	8 ft (inclusive of sign and monument)	Yes

Multi-family residential permanent sign standards. Table 6.12-3 below details the standards for the R-C and PUD with multi-family zoning districts.

TABLE 6.12-3 MULTI-FAMILY RESIDENTIAL SIGN STANDARDS
Sign Type	Maximum Number	Maximum Area	Maximum Height	Allowed Illumination
Wall	1 sign per qualifying elevation	32 sf	n/a	Yes
Freestanding	1 per entry point into a multi-family residential subdivision or site	100 sf (inclusive of text and logo only)	8 ft (inclusive of sign and monument)	Yes

Non-residential permanent sign standards. Table 6.12-4 below details the standards for the NC, RC, LI, OTC, PLI and OS Zoning Districts.

TABLE 6.12-4: NON-RESIDENTIAL SIGN STANDARDS
Sign Type	Maximum Number	Maximum Area	Maximum Height	Allowed Illumination
Wall	1 Principal per elevation/tenant 4 Secondary per elevation/tenant	Principal Sign: 100 sf Secondary Sign: 32 sf	n/a	Yes
Freestanding	1 per street frontage (1 additional for every 500' of frontage)	32 sf	10 ft	Yes
Freestanding—Development Identification (for developments over 20 acres in size)	1 per arterial or collector street frontage (1 additional for every 1,000' of frontage)	200 sf*	35 ft*	Yes

* For development identification signs located within one thousand two hundred (1,200) feet of the Interstate 25 right-of-way, the maximum sign height may be increased to fifty (50) feet and the maximum sign area may be increased to three hundred (300) square feet.

Temporary sign standards.

Temporary wall signs. Table 16.12-5 below details the standards for temporary signs attached to buildings.

TABLE 6.12-5: STANDARDS FOR TEMPORARY SIGNS ATTACHED TO BUILDINGS
Standards	Non-residential Zoning Districts	Multi-Family Zoning Districts	Single-Family Zoning Districts
Maximum Number per Building Elevation	1 per street frontage or tenant space	1 per complex	1
Maximum Sign Area	40 sf	8 sf	6 sf
Allowed Lighting	External	none	none
Maximum Duration per Sign	60 days	60 days	60 days
Maximum Posting	180 days per year	90 days per year	90 days per year

Temporary freestanding signs. Table 16.12-6 below details the standards for temporary freestanding signs.

TABLE 6.12-6 STANDARDS FOR TEMPORARY FREESTANDING SIGNS
Standards	Non-residential Zoning Districts	Multi-Family Zoning Districts	Single-Family Zoning Districts
Maximum Number	1 per street frontage ^ (1 additional for every 500' of frontage) ^	1 per street frontage	1 per street frontage
Maximum Sign Area per Sign	32 sf	32 sf	8 sf
Maximum Sign Height	8 ft	8 ft	8 ft
Allowed Lighting	External	none	none
Setbacks and Spacing	10 ft from all property lines	2 ft from property lines	2 ft from property lines
Maximum Duration per Sign	60 days*	60 days*	60 days*
Maximum Posting	180 days per year*	90 days per year*	90 days per year*

* Exclusive of the duration of a new construction project with an active building permit; exclusive of a parcel that is vacant, undeveloped, or listed for sale or rent.

** For non-residential zoning district temporary freestanding signs located within one-thousand two-hundred (1,200) feet of the Interstate 25 right-of-way, the maximum sign height may be increased to twelve (12) feet, the maximum sign area may be increased to sixty-four (64) square feet, and the maximum number of signs may be doubled.

(Ord. No. 1003, §§ 22—24, 12-8-2021; Ord. 982 Att., 2020)

16.6.13 - Abandoned mines.

General provisions. All development with undermining and/or mine shafts shall provide the Town with geological and geotechnical hazards reports prepared, signed and stamped by a professional in the field of undermining. The reports shall be referred to the Colorado Geological Survey for review and comment. Recommendations from the reports and Colorado Geological Survey shall be evaluated by the Town when considering appropriate land uses, restrictions applicable to land development, and foundation design due to undermining constraints. Undermining and/or mine shafts shall be noted on plot plans, Preliminary Plats, final plats and Final Development Plans.

Mineshafts.

All mineshafts shall be capped and monumented in accordance with state requirements, and accepted by the state before final plat or Final Development Plan approvals.

Mineshafts shall not be located on a residential lot.

Mineshafts may be located in a street right-of-way, tract, or in a non-residential lot with an easement restricted for parking, open space or landscape use. Any modifications to this provision proposed by the applicant for Town consideration shall be in compliance with recommendations from the geological and geotechnical hazards reports and the Colorado Geological Survey.

Minimum dimensions for tracts/easements and minimum distances from abandoned mineshafts to residential lots and non-residential structures shall be determined based on recommendations from the geological and geotechnical hazards reports and the Colorado Geological Survey.

Mine tailings. If mine tailings are located on a property, the removal of mine tailings shall be addressed in a Subdivision or Development Agreement. The Town shall require submittal of a professional certification that the mine tailings and hazard associated with the tailing has been removed and completed.

(Ord. 982 Att., 2020)

16.6.14 - Standards to accommodate oil and gas wells and facilities.

Existing oil and gas wells and production facilities.

All development shall provide the following setback to lots, buildings, streets, trails and parks from existing wells and associated above ground production facilities:

Street rights-of-way and trails shall be setback a minimum of one hundred fifty (150) feet.

Residential lots and non-residential buildings, Community Parks, Neighborhood Parks and Pocket Parks, shall be set back a minimum of three hundred fifty (350) feet.

Assembly buildings or the portion of a building containing an assembly use shall be set back a minimum of five hundred (500) feet.

Exceptions to Subsection A.1.b above shall be as follows:

Residential lots platted prior to the effective date of this FDC and residential lots designated in plats submitted to the Town pursuant to completed Preliminary Plat, final plat, or minor subdivision applications prior to the effective date of this FDC shall be subject to the former minimum one hundred fifty (150) foot setback standard.

ii.

Non-residential buildings, other than assembly buildings, shall be subject to the former minimum one hundred fifty (150) foot setback standard if at least one (1) of the following conditions exists prior to the effective date of this FDC:

(A)

The non-residential building is existing.

(B)

The non-residential lot is existing.

(C)

The non-residential lot is proposed in a completed Preliminary Plat, final plat, or minor subdivision application submitted to the Town.

In a residential subdivision the well and associated production facilities shall be placed in a non-development tract.

In order to minimize the impact on streets and pedestrian paths and tracking of debris onto streets and pedestrian paths, subdivision design shall provide the following Town requirements and improvements for access roads to oil and gas wells and associated production facilities:

Subdivision shall minimize the need for access roads to connect to streets with local street classifications.

An access plan for the well and production facilities shall be submitted to the Town identifying which local streets that are impacted by well access needs. The streets identified shall be designed to address the weight load requirements of the vehicles accessing the well and production facilities.

The well and production facilities access road shall be improved as a hard surface (concrete or asphalt) for the first one hundred (100) feet from the street, sidewalk, or trail and then improved as a crushed surface (concrete or asphalt) for the next one hundred (100) feet past the hard surface in the appropriate depth to support the weight load requirements of the vehicles accessing the well and production facilities.

The Town may require the developer to gate or restrict access (bollards) to the access road to minimize unauthorized use of the access.

If an access road intersects with a pedestrian trail or walk, the developer shall pave, as a hard surface (concrete or asphalt), the access road one hundred (100) feet either side of the trail or walk and if necessary, replace the trail or walk to address the weight load requirements of the vehicles accessing the well and production facilities.

All proposed access road changes or restrictions shall be approved by the mineral right owner before Final Plat or Final Development Plan approval.

Developments with existing oil and gas wells and associated above ground production facilities shall provide screening by installing naturally-shaped berms with landscaping to a height proportional to the facilities being screened. All proposed landscape improvements shall be approved by the mineral right owner either before final plat or Final Development Plan approval.

When fencing is required by the operator or for safety or security purposes, developments with existing oil and gas wells and associated above ground production facilities shall add fencing to non-fenced wells and facilities or upgrade fencing for wells and facilities in conformance with the following requirements.

Oil and gas well facilities (above ground) within the Town shall be fenced with wrought iron fencing or Ameristar Impasses or Stronghold fencing or approved equivalent, as determined by the Director.

The fencing color shall be black.

All proposed fencing changes shall be approved by the mineral right owner before final plat approval or for sites already platted, before Final Development Plan approval.

Developments with existing oil and gas wells and associated above ground production facilities shall paint the wells and associated above ground production facilities a color determined by the Director. All proposed paint improvements shall be approved by the mineral right owner either before final plat or Final Development Plan approval.

Abandoned oil and gas wells and production facilities.

Oil and gas wells and production facilities shown as plugged and abandoned on the final plat shall be plugged and abandoned before approval of a final plat. The following shall be completed before approval is granted by the Town:

The COGCC Well Abandonment Report shall be submitted to the Town regarding the completion of the abandonment and reclamation process in accordance with state law and COGCC regulations.

Recorded documentation of abandonment of drilling windows, operation areas, setbacks, easements, and other associated encumbrances with the well shall be submitted to the Town.

Capped wellheads shall be identified by a concrete and brass monument on site and will be tied to survey point and noted on the Final Plat.

All subdivisions with wellheads abandoned and reclaimed in accordance with state law and COGCC regulations shall use the following standards to plat lots and streets:

Streets may be platted over abandoned wellheads if conflicts do not occur with infrastructure requirements within the street.

A non-residential lot may contain an abandoned wellhead. The plat shall identify a building setback of fifty (50) feet from the monumented abandoned wellhead.

A residential lot one (1) acre or greater in area may contain an abandoned wellhead. The Final Plat shall identify a building setback of fifty (50) feet from the monumented abandoned wellhead.

Abandoned wellheads, and the required setback of fifty (50) feet surrounding the abandoned wellhead, shall not be located in single-family lots.

Abandoned wellheads, and the required setback of fifty (50) feet surrounding the abandoned wellhead, shall not be located in multi-family lots.

In subdivisions where an abandoned wellhead cannot be placed in a street or non-residential lot meeting the standards of this Subsection; the abandoned wellhead shall be placed in a tract. The abandoned wellhead and required setback surrounding the abandoned wellhead may not be located in a Town required park as outlined in Section 6.3.

Future oil and gas wells and production facilities.

All subdivisions that have oil and gas rights associated with the property that have not been executed need to take those rights into consideration when platting. Co-location of future and/or existing wells may reduce the impact on subdivision of the property.

Any agreements between the property owner and mineral right owner shall be submitted to the Town upon application. Recordation of such agreements shall occur prior to recordation of the final plat. Location and setback information agreed to in the agreement shall be reflected on the plat.

The following setbacks shall be provided to future oil and gas wells and above ground production facilities:

Residential lots and non-residential buildings shall be set back a minimum of five hundred (500) feet. Developers shall provide the Town with a copy of a recorded surface use agreement with the mineral right owner/lessee prior to approval of a Final Development Plan and prior to recordation of a final plat or minor subdivision. For applications that require a Preliminary Plat, the applicant shall provide the Town with a draft of the surface use agreement and/or a letter from the mineral right owner/lessee acknowledging that they are actively negotiating a surface use agreement to locate the facilities as represented by the applicant.

Street rights-of-way shall be setback a minimum of five hundred (500) feet from future oil and gas wells and above ground facilities.

The future oil and gas well and production facilities setbacks identified above shall be identified on the plat. If all future wells and facilities are identified and located within the oil and gas operation area (OGOA) of the surface use agreement (SUA), the setback shall be measured from such wells and facilities. If locations of such wells and facilities are not identified in the SUA, the setback shall be measured from the edge of the OGOA.

In a residential subdivision the future well and associated production facilities shall be placed in a tract.

Subdivision design shall address the following Town requirements for future access roads and pipelines to future oil and gas wells and associated production facilities:

Subdivision design shall minimize the need for future access roads to connect with local street classifications. If future access roads are designed to connect to local streets then the local streets accessed shall be designed to address the weight load requirements of the vehicles accessing the well and production facilities.

An access plan for the future well, production facilities, and pipelines shall be submitted to the Town. The access plan shall identify which local streets that are impacted by well access needs. The streets identified shall be designed to address the weight load requirements of the vehicles accessing the well and production facilities. The access plan shall also identify routing of future pipelines so that the appropriate easements and or tracts can be created during the platting process to accommodate the pipelines.

Landscaping and berms shall be provided to screen all future oil and gas wells and facilities.

Oil and gas well pipelines.

Existing and future gas and oil well pipelines and their appurtenant underground facilities and easements shall not be located on residential lots.

Streets should be platted so both existing and future pipelines cross at a substantially right angle to the street.

The final plat shall show easements for gas and oil well pipelines that are a minimum of fifty (50) feet wide.

All abandoned pipelines and appurtenant facilities shall be removed. In the cases of portions of abandoned pipelines conflicting with structures, utilities, roads, or rights-of-way, pipeline owner shall coordinate with Town Staff on the appropriateness of capping and structurally filling such portions. Cutting, cleaning, removal, and potential structural filling of pipelines shall be observed and documented by a qualified third party inspector which verifies, documents, and certifies such activity as applicable.

All operating pipeline and underground facilities to remain shall be shown on the Final Development Plan and construction drawings and tied to survey points. Owner/Operator shall place and maintain permanent, above-grade monumentation and marking at all locations where the underground facilities enter upon the boundaries of lots or tracts, at changes of direction, and upon the boundaries of road right-of-way, as approved by the Town Engineer. Markers shall include phone numbers to call for line locates and 24-hour emergency repair. Owner/Operator shall install tracer wire no more than eighteen (18) inches above and along the entire length of the underground pipelines and facilities.

(Ord. 982 §9, 10, Att., 2020)