In their interpretation and application, the provisions of these zoning regulations shall be held to be minimum requirements adopted for the promotion of the public health, safety, morals, convenience, comfort, prosperity and general welfare.

(a)

Uniformity of regulations. The regulations established by this Article within each zone shall apply uniformly to each class or kind of structure or land. Unless exceptions are specified in this Article, the following interpretations shall apply:

(1)

No buildings, structure or land shall be used or occupied, and no building or structure or part thereof shall be erected, changed, constructed, moved or structurally altered unless in conformity with all of the regulations herein specified for the zone in which it is located.

(2)

No part of a yard or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this Article shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building unless specific exception therefor is stated in this Article.

(3)

No yard or lot existing or approved at the time of passage of this Article shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of the ordinance codified herein shall meet at least the minimum requirements established by this Chapter.

(4)

Any use not permitted in a zone either specifically or by interpretation by the Board of Trustees per Article VI of this Chapter is hereby specifically prohibited from that zone.

(b)

Conflict with other provisions of law. Whenever the requirements of this Article are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the more restrictive or that imposing the higher standards shall govern.

(c)

Conflict with private covenants or deeds. In case of a conflict between this Chapter and any private restrictions imposed by covenant or deed, the responsibility of the Town shall be limited to the enforcement of this Chapter.

(d)

Zoning of annexed territory.

(1)

Zoning of land during annexation may be done in accordance with the procedure and notice requirements of Section 16-25. The proposed zoning ordinance shall not be passed before the date when the annexation ordinance is passed.

(2)

Any area annexed shall be brought under the provisions of this Section and the map thereunder within ninety (90) days from the effective date of the annexation ordinance, despite any legal review that may be made challenging the annexation. During such ninety-day period, or such portion thereof as is required to zone the territory, the Town shall refuse to issue any building permit for any portion of the newly annexed area.

(Prior Zoning Ord. §201; Ord. 2004-7 §2)

(a)

The boundaries of the zoning districts listed in Section 16-23 above are established as shown on a map adopted by the Town as its official zoning map, and such map is hereby made a part of this Chapter.

(b)

In the event uncertainty is deemed to exist on the zoning district map, district boundaries shall be on section lines, lot lines, the center line of highways, streets, alleys, railroad rights-of-way or such lines extended; municipal corporation lines; and natural boundary lines, such as streams or other lines to be determined by the use of scales shown on the map.

(c)

Where interpretation is needed as to the exact location of the boundaries of a zoning district, the Board of Trustees shall make the necessary interpretation.

(Prior Zoning Ord. §202; Ord. 2004-7 §2)

In order to carry out the provisions of this Chapter, the Town is hereby divided into the following zoning districts:

(1)

A-1 Agricultural District;

(2)

R-1 Low Density Residential District;

(3)

R-2 Medium Density Residential District;

(4)

R-3 High Density Residential District;

(5)

MH Manufactured (Mobile) Home District;

(6)

C-1 Commercial District Light;

(7)

C-2 Commercial District Heavy;

(8)

I-1 Light Industrial District;

(9)

I-2 Heavy Industrial District;

(10)

P Parks and Open Spaces District; and

(11)

PUD Planned Unit Development.

(Prior Zoning Ord. §201; Ord. 2004-7 §2)

(a)

General application of uses. Uses designated as "permitted uses" (P) are allowed in a zone district as a matter of right. Uses classified as "conditional uses" (C) are permitted upon the Board of Trustees' approval of a conditional use permit. Unless a use is designated as a "permitted use" or "conditional use" or is classified as a legal "nonconforming" structure or use, it is not permitted.

(b)

The permitted and conditional land uses in each base zoning district are indicated in Tables 1 and 3 of this Section. Additional uses of property or restrictions on the use of property may be contained in the description Specific Use Standards, applicable to the property in (c)(4) and (d)(4). If the property is located in a PUD (Planned Unit Development) zoning district, the permitted uses and any conditions on those permitted uses are contained in the Master Plan approved with the PUD zoning, which is on file with the Town.

(c)

Residential Zoning Districts.

(1)

Purpose and Intent.

a.

A-1 Agricultural District. The Agricultural District is intended to continue the agricultural uses already in existence and to provide for future residential development that will be compatible with the agricultural uses. This district allows densities of up to one (1) dwelling unit per five (5) acres. The Agricultural District has been developed to provide a clear boundary around the Town and to protect the agricultural lands from intrusions of more intense development.

b.

R-1 Low Density Residential District. The Low Density Residential District is intended to provide a transition between the A-1, Agricultural District and the R-2, Medium Density Residential District.

c.

R-2 Medium Density Residential District. The Medium Density Residential District is intended to provide a buffer between low density residential and high density residential and associated commercial development. This district allows single-family, two-family and multi-family dwellings with a maximum density of eight and seven-tenths (8.7) dwelling units per acre.

d.

R-3 High Density Residential District. The High Density Residential District is intended to allow single-family, two-family and multi-family dwellings at a higher density than the R-2 zone district. Maximum density is fourteen (14) dwelling units per acre.

e.

MH Manufactured (Mobile) Home District. The Manufactured Home standards are intended to provide for the accommodation of residential manufactured and mobile homes in planned, integrated parks at a standard consistent with the protection of the health, safety and welfare of the community. Existing manufactured (mobile) home parks shall not be enlarged or changed without first obtaining approval as a Planned Unit Development. All new manufactured (mobile) home parks shall be permitted only as a Planned Unit Development.

(2)

Permitted Uses. Table 1 describes uses that are permitted, conditional, and not permitted in the agricultural, single-family and multi-family zoning districts. If a use is not listed in the table, it is not permitted.

Table 1. Residential Zoning Districts

₁  Incidental dwellings allowed for owner and manager only.

₂  Allowed if incidental to the principal use.

(3)

Development Standards.

Table 2 describes development standards for the residential zoning districts.

Table 2. Residential Zoning Districts — Development Standards

¹  Applicable to principal and accessory buildings in the A-1, R-1, R-2 and R-3 zone districts. Utility sheds prohibited in front of principal building.

²  Accessory buildings in the A-1 zone district shall be no higher than the principal building unless used for commercial farming activity and approved by the TRC.

³  In the MH zone district only, front, side and rear setbacks refer to front, side and rear yards.

⁴  Minimum open space requirement in the MH zone district refers to total development area.

⁵  Additional standards as listed in Section 16-24(4)a apply to the MH zone district.

(4)

Specific Use Standards.

a.

MH Manufactured (Mobile) Home District

1.

Manufactured home park required. It is unlawful for any person to cause or permit a manufactured or mobile home to be placed or installed upon any property in the Town except in a manufactured home park duly approved and permitted in accordance with this Subsection.

2.

Additional Development standards. Site plans shall be required for all developments pursuant to Article IV of this Chapter.

a.

A cement or concrete patio having a minimum area of three hundred (300) square feet shall be installed as part of each space.

b.

Each space shall have a gravel or paved driveway and parking space for two (2) vehicles.

c.

Each home shall be a minimum of twenty (20) feet in width and where feasible, oriented on the lot or parcel that its main entrance faces the street.

d.

Each home shall have a minimum total living area of nine hundred (900) square feet.

e.

Tenant storage. Enclosed individual storage space for the use of park residents shall be provided in an amount equal to one hundred (100) square feet per space.

f.

Management office. Each park shall maintain a management office with a gross floor area of not less than two hundred (200) square feet. The office shall contain space for customary office furniture and supplies and shall contain a lavatory and water closet. Suitable facilities shall be provided for mail distribution.

g.

Laundry facilities. Laundry facilities equipped with washing machines and dryers shall be provided.

h.

Trash enclosures. Adequate trash areas shall be provided by the owner and approved by the Town.

i.

Each manufactured home park shall be entirely enclosed at its exterior boundaries as follows: A six-foot-high decorative masonry wall or solid wood fence shall be required where a manufactured home park abuts a street or any adjoining property not being used as a manufactured home park.

j.

Each manufactured and mobile home shall be constructed, maintained and installed in conformance with all rules, regulations and standards promulgated pursuant to Part 33 of Article 32, Title 24, C.R.S., as existing or hereafter amended.

(d)

Non-Residential Zoning Districts.

(1)

Purpose and Intent.

a.

C-1 Light Commercial District. The Light Commercial District allows primarily for light retail and office uses of a neighborhood character.

b.

C-2 Heavy Commercial District. The Heavy Commercial District provides commercial activity of a regional character, retail and wholesale uses and nonindustrial repair and fabrication uses.

c.

I-1 Light Industrial District. The Light Industrial District is intended to provide a location for a variety of workplaces, including light industrial uses, research and development offices and institutions.

d.

I-2 Heavy Industrial District. The Heavy Industrial District is intended to provide a location for a variety of workplaces including the manufacture or assembly of goods with heavy equipment, warehousing and distributing, indoor and outdoor storage, and a wide range of commercial and industrial operations.

e.

P Parks and Open Space District. The Parks and Open Spaces District is intended for large open land areas which, by reason of topographic features, proximity to a natural drainage course or other natural or manmade features, may be either unsuitable for customary density of construction or use or suitable for preservation as a park or as an open space area.

f.

M-U Mixed-Use Overlay District. The M-U Overlay District is intended to provide retail goods and services to satisfy the household and personal needs of the residents of nearby residential neighborhoods with a mix of retail, office, service, and additional residential uses. See Detailed Purpose and Intent under Section 16-24(d)4.d.

(2)

Permitted Uses. Table 3 describes uses that are permitted, conditional, and not permitted in the commercial, industrial, parks, and mixed-use zoning districts. If a use is not listed in the table, it is not permitted.

Table 3. Non-Residential Zoning Districts

¹ Residential uses allowed if they are provided in conjunction with a commercial use, are designed as a unified complementary whole, and are functionally integrated to the use of vehicular and pedestrian access and parking areas.

² Allowed if incidental to the principal use.

³ All warehousing, distribution and storage of manufactured products, supplies, materials or equipment shall be conducted within a totally enclosed building. Any portion attributed to indoor storage shall not occupy more than fifty percent (50%) of the area of the lot.

⁴ No more than twenty percent (20%) of the area of any lot or parcel in the I-1 light industrial zoning district may be used for outdoor storage.

⁵ No more than thirty percent (30%) of the area of any lot or parcel in the I-2 heavy industrial zoning district may be used for outdoor storage.

(3)

Development Standards.

Table 4 describes development standards for the non-residential zoning districts.

Table 4. Non-Residential Zoning Districts — Development Standards

₁  Setback can be reduced to match the front setback of the predominance of existing structures, based on a determination by the Building Official.

(4)

Specific Use Standards.

a.

C-1 Light Commercial District and C-2 Heavy Industrial District.

1.

General requirements.

a.

Goods sold shall consist primarily of new merchandise, and any goods produced on the premises shall have a retail outlet on the premises.

b.

No use shall cause or create unreasonable noise, vibration, dust, dirt, smoke, fumes, gas, odor, explosion, glare, offensive view or other undesirable or hazardous conditions.

b.

I-1 Light Industrial District.

1.

General requirements.

a.

No use shall cause or create unreasonable noise, vibration, dust, dirt, smoke, fumes, gas, odor, explosion, glare, offensive view or other undesirable or hazardous conditions.

b.

All warehousing and distribution uses shall be permitted subject to the following standards:

1.

All warehousing, distribution and incidental storage of materials and equipment, except vehicles used for transporting the warehoused products, shall be conducted within a totally enclosed building.

2.

Vehicles used for transporting the warehoused products shall be screened from view by an opaque fence or wall with dense plantings adequate to screen the vehicles from all neighboring properties and from internal and external streets.

3.

All warehousing, distribution and incidental storage of materials and equipment, except vehicles used for transporting the warehoused products, shall be conducted within a totally enclosed building. Any portion attributed to indoor storage shall not occupy more than fifty percent (50%) of the area of the lot.

c.

All outdoor storage shall be located in a side or rear yard only and enclosed by an opaque fence or wall with dense plantings adequate to screen the storage from view from all by adjacent properties and public rights-of-way. No more than ten percent (10%) of the area of any lot or parcel in the I-1 Light Industrial District may be used for outdoor storage and shall be subject to Conditional Use approval in accordance with Sec. 16-42 - Conditional Uses of the Municipal Code.

d.

All vehicles used directly in conjunction with a business must comply with parking regulations stated in Sec. 16-46 of the Gilcrest Municipal Code and shall be screened from view by an opaque fence or wall with dense plantings adequate to screen the vehicles from all neighboring properties and from internal and external streets. Vehicles used directly in conjunction with a business include privately owned trucks or commercial motor vehicles used for loading and distribution of goods or vehicles utilized directly for services and functions associated with the business where they are being stored, permitted to be unenclosed but shall meet parking and screening requirements. Equipment or parts stored on site are considered outdoor storage and must be screened in accordance with Sec. 16-47 - Fences and Walls of the Municipal Code and as outlined in this Section.

e.

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

f.

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

g.

All materials or wastes which might cause fumes or dust, which constitute a fire hazard or which may be edible by or otherwise attractive to rodents or insects, shall be stored outdoors only in closed containers.

h.

Entrances to uses in the I-1 Light Industrial Zone District shall not be located on a street which separates a residential zone district from the industrial zone district.

i.

Every use in the I-1 Light Industrial District shall be so operated that the volume of sound inherently and recurrently generated does not exceed the following conditions as measured from any point of the boundary line of the zone lot on which the use is located:

c.

I-2 Heavy Industrial District.

1.

General requirements.

a.

No use shall cause or create unreasonable noise, vibration, dust, dirt, smoke, fumes, gas, odor, explosion, glare, offensive view or other undesirable or hazardous conditions.

b.

All warehousing and distribution uses shall be permitted subject to the following standards:

1.

All warehousing, distribution and incidental storage of materials and equipment, except vehicles used for transporting the warehoused products, shall be conducted within a totally enclosed building.

2.

Vehicles used for transporting the warehoused products shall be screened from view with an opaque fence or wall with dense plantings adequate to screen the vehicles from view from all neighboring properties and from internal and external streets.

3.

All warehousing, distribution and incidental storage of materials and equipment, except vehicles used for transporting the warehoused products, shall be conducted within a totally enclosed building. Any portion attributed to indoor storage shall not occupy more than fifty percent (50%) of the area of the lot.

c.

All outdoor storage shall be located in a side or rear yard only and enclosed by an opaque fence or wall with dense plantings adequate to screen the storage from view from adjacent properties and public rights-of-way. No more than twenty percent (20%) of the area of any lot or parcel in the I-2 Heavy Industrial District may be used for outdoor storage and shall be subject to Conditional Use approval in accordance with Sec. 16-42 - Conditional Uses of the Municipal Code.

d.

All vehicles used directly in conjunction with a business must comply with parking regulations stated in Sec. 16-46 of the Gilcrest Municipal Code and shall be screened from view by an opaque fence or wall with dense plantings adequate to screen the vehicles from all neighboring properties and from internal and external streets. Vehicles used directly in conjunction with a business, including privately owned trucks or commercial vehicles used for loading and distribution of goods or vehicles utilized directly for services and functions associated with the business where they are being stored, are permitted to be unenclosed but shall meet parking and screening requirements. Equipment or parts stored on site are considered outdoor storage and must be screened in accordance with Sec. 16-47 - Fences and Walls of the Municipal Code and as outlined in this Section.

e.

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

f.

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

g.

All materials or wastes which might cause fumes or dust, which constitute a fire hazard or which may be edible by or otherwise attractive to rodents or insects shall be stored outdoors only in closed containers.

h.

Entrances to uses in the I-2 Zone District shall not be located on a street which separates a residential zone district from the industrial zone district.

i.

Every use in the I-2 Heavy Industrial District shall be so operated that the volume of sound inherently and recurrently generated does not exceed the following conditions as measured from any point of the boundary line of the zone lot on which the use is located:

j.

All industrial uses shall be landscaped in accordance with Section 16-49 of this Article. Such landscaping shall be maintained in a neat, clean and healthy condition, including proper pruning, mowing, weeding, removal of litter, fertilizing, replacement of plants when necessary and the regular watering of all planting. In addition to the landscaping standards outlined in Section 16-49 of this Article, industrial site plans shall provide the following specific information:

1.

Proposed treatment of the perimeter of the property, including materials and techniques used, such as screens, fences, walls and landscaping.

2.

The area shown on the site plan shall extend beyond the boundary of the property to include a survey of the area and uses presently existing within one hundred fifty (150) feet of the property subject to the site plan.

d.

M-U Mixed-Use Overlay District.

1.

Detailed Purpose and Intent. The M-U Overlay District is intended to provide retail goods and services to satisfy the household and personal needs of the residents of nearby residential neighborhoods with a mix of retail, office, service, and additional residential uses. The purpose of the M-U District is to foster a greater opportunity for creative development by providing guidelines which encourage a mix of uses compatible with existing and neighboring properties; to provide housing and business uses in locations where a variety of town services are available; to promote utilization of existing buildings and property, and to encourage the provision of open areas. The intent, furthermore, is to encourage interaction among activities located within a mixed use development, to enhance business and residential vitality, reduce vehicular traffic, provide employment opportunities for residents close to home, ensure the compatibility with each other of the commercial, and residential uses, ensure that the appearance and effects of buildings and uses are harmonious with the character of the area in which they are located by:

a.

Allowing a diversity of uses in close proximity in the district within a limited area, including a mix of retail, office, service, and additional residential uses;

b.

Accommodating mixed-use buildings with neighborhood-serving retail, service and other uses on the ground floor and residential units above;

c.

Encouraging development that exhibits the physical design characteristics of pedestrian-oriented storefront-style shopping streets;

d.

Promoting the opportunity for people to work, meet, shop and utilize services in the vicinity of their residences,

e.

Providing opportunities for the development of affordable housing,

f.

Providing opportunities for a mixture of uses in the same building,

g.

Promoting a positive pedestrian environment in the district,

h.

Facilitating integrated physical design,

i.

Promoting a high level of design quality,

j.

Encouraging the development of flexible space for small and emerging businesses,

k.

Facilitating development proposals responsive to current and future market conditions, and

l.

Encouraging the development of open spaces and parks within the district to accommodate workers, residents, pedestrians, and shoppers.

2.

Establishment and Administration.

a.

The Mixed Use Overlay District is an overlay district that is superimposed over the underlying zoning districts and is shown on the Zoning Map as set forth on the map entitled "Mixed Use Overlay District", dated March 7, 2017, as adopted by the Board of Trustees. This map is hereby made a part of the Town Zoning Map and is on file in the Office of the Town/City Clerk.

b.

The regulations for use, development standards, and all other provisions of the Town Code governing the underlying zoning district(s) shall remain in full force, except for those mixed use projects undergoing development pursuant to this Section.

c.

The provisions of this Section will be administered by the technical review committee, Planning Commission, and Board of Trustees except as otherwise provided herein.

d.

The Board of Trustees may waive any information requirements it judges to be unnecessary to the review of a particular plan. Such waiver decisions must be documented in writing by the Board of Trustees.

e.

Procedure. Where a proposed use varies from the underlying zoning, but is explicitly permitted or conditional pursuant to Table 3 of this Section, a Site Development Plan or Redevelopment Plan shall be required pursuant to Sec.16-61 of the Town Code, to be reviewed by the technical review committee (TRC) to ensure consistency with the site plan review criteria as well as the detailed purpose and intent of the M-U Overlay District as outlined in Sec. 16-24(d)4.d.1.

3.

Use Regulations. The permitted and conditional land uses in the M-U Overlay District are indicated in Table 3 of this Section. Where a proposed use is explicitly permitted or conditional by the underlying zoning, standard development procedures and regulations shall apply. Where a proposed use varies from the underlying zoning, but is explicitly permitted or conditional in the M-U Overlay District, this Sec. 16-24(d)4.d. shall apply.

4.

Development Standards. The development shall comply with the regulations established for the underlying zoning as shown in Tables 2 and 4 of this Section, unless otherwise approved as a waiver by the Board of Trustees. Existing buildings shall be re-used for mixed use developments, where feasible, as a priority over new construction. New construction shall be in harmony with the existing neighborhood or district.

5.

Same Structure/On-site Mixed Use Developments. Within an approved mixed use development, there shall be no restriction on combining different categories of use within the same building except any imposed by the State Building Code or other federal, state, or local regulations.

6.

Performance and Design Standards.

a.

General requirements.

1.

To the extent feasible, all Mixed Use Developments must meet the Performance Standards noted below.

2.

No use shall be permitted that causes or results in dissemination of dust, smoke, gas or fumes odor, noise, vibration or excessive light under standards set forth in the performance criteria in this chapter.

3.

Any other performance standards of the town shall also apply to uses conducted under this Section.

b.

Access and Traffic Impacts

1.

Traffic and safety impacts to the existing and proposed roads shall be minimized.

2.

Access shall be provided to the extent feasible through an existing side street or a shared driveway. Curb cuts shall be limited, and shall be as narrow as is feasible without resulting in traffic safety issues.

3.

Pedestrian and vehicular traffic shall be separated; walkways shall be provided for access to adjacent properties and between businesses.

4.

Plans must illustrate provisions for automobile, pedestrian and bicycle circulation. Provisions must be made for motor vehicle, bicycle, and pedestrian circulation connections to adjacent lots.

5.

The TRC may require a detailed traffic study for high volume traffic generating uses (based on Institute of Transportation Engineers rates found in Trip Generation). The traffic impact statement shall contain:

a.

The projected number of motor vehicle trips to enter or leave the site, estimated for daily and peak hour traffic levels;

b.

The proposed traffic flow pattern for both vehicles and pedestrian access shall be described and related to the site plan, including vehicular movements at all major intersections likely to be affected by the proposed use of the site;

c.

Traffic flow patterns at the site, including entrances and egresses, loading and unloading areas, and curb cuts on site and within one hundred (100) feet of the site;

d.

A detailed assessment of the traffic safety impacts of the proposed project or use on the carrying capacity of any adjacent highway or road, including the projected number of motor vehicle trips to enter or depart from the site estimated for daily hour and peak hour traffic levels, road capacities and impacts on intersection. Existing daily and peak hour traffic levels and road capacities shall also be given; and

e.

A parking lot vehicle traffic and pedestrian circulation plan shall be designed to minimize conflicts and safety problems.

c.

Noise

1.

Every use in the M-U Overlay District shall be so operated that the volume of sound inherently and recurrently generated does not exceed the following conditions as measured from any point of the boundary line of the zone lot on which the use is located:

*Note: 65 dba = normal conversation; 50 dba = noise level of a normal working refrigerator; 45dba = a quiet library

These standards shall not apply to power tools and equipment (i.e. lawn mowers, leaf blowers, sweepers, snowblowers or snow removal, etc.) used in the normal maintenance of the site's outdoor areas (i.e. lawn, garden, parking, etc.). Such outdoor maintenance shall be limited to between the hours of 8:00 am 7:00 pm.

d.

Emissions and Odors

1.

Emissions and odors shall be completely and effectively confined within the building, or so regulated as to prevent any nuisance, hazard, or other disturbance from being perceptible (without the use of instruments) at any lot line of the premises on which the use is located. No emissions are permitted which can:

a.

cause any damage to health of humans, animals or vegetation;

b.

cause excessive soiling; or

c.

result in odorous gases or odoriferous matter in such quantities as to be offensive.

2.

The determination of what emissions are in violation of this provision shall be made by the Code Enforcement Officer or his/her designee taking into consideration all of the following:

a.

the level of the odor;

b.

the nature of the odor is usual or unusual;

c.

the origin of the odor is natural or unnatural;

d.

the level of the ambient odor;

e.

the proximity of the odor to living/sleeping facilities;

f.

the nature and zoning of the area from which the odor emanates and the area where it is received; and

g.

the duration of the odor; and whether the odor is recurrent, intermittent, or constant.

e.

Lighting

1.

Lighting systems should be designed, constructed, and installed in a manner that controls glare and light trespass, minimizes obtrusive light, conserves energy and resources while maintaining safety, visibility, security of individuals and property and curtailing the degradation of the nighttime visual environment. Evenly distributed lighting throughout a site will minimize impacts on surrounding neighborhoods and increase efficiency. By directing light where it is needed and only the intensity necessary to serve the intended purpose, these standards will prevent glare and its harsh shadows and blind spots. All lighting shall comply with the following:

a.

Except for approved exterior lighting, operations producing glare shall be conducted entirely within an enclosed building. No direct or sky-reflected glare, whether from floodlights or from high temperature processes such as welding shall be permitted beyond its lot lines onto neighboring properties, or onto any street.

b.

Exterior lighting, including but not necessarily limited to lighting of exterior walls of buildings from an external light source, lighting of parking areas, and lighting of walks and drives shall be done in such a manner to direct light away from adjacent lots and public ways.

c.

All outdoor light fixtures and illuminated signs shall be designed, located, installed and directed in such a manner as to prevent light trespass beyond the property line, and light above a ninety-degree horizontal plane. If necessary, an applicant may need to provide photometric plans and/or manufacturing specification sheets to show conformance with these standards.

d.

All nonessential lighting, including display, parking, and sign lighting, shall be turned off after business hours, leaving only the lighting necessary for site and pedestrian security, crime prevention and streetlighting.

e.

All lighting shall be recessed and shielded to prevent off-site glare.

f.

Site lighting shall conform to the following output standards:

f.

Waste Disposal. Storage of waste and waste facilities shall be screened from view from public ways and neighboring properties.

g.

Loading/Unloading:

1.

The TRC, when acting upon an application under this Section may require that operations, including loading and unloading, shall be limited to weekdays between the hours of 8AM and 7PM only.

2.

Loading and unloading platforms and doorways specially designed for loading/unloading are prohibited on the front side of any building.

h.

Walkways

1.

For public convenience, a pedestrian and/or bicycle way shall connect all uses on the site and otherwise provide appropriate circulation or continuity to an existing pedestrian or bicycle circulation system. These uses include, but are not limited to, residential, parking, transit, bicycling, industrial, recreation, and commercial.

2.

Walkways must conform to requirements of the American with Disabilities Act (ADA).

3.

The development should provide internal and/or public pedestrian connections that are direct, convenient and pleasant with appropriate amenities (e.g. attractive sidewalks and benches).

i.

Vehicular Access, Parking and Loading, and Shared Parking Requirements

1.

The project shall meet all parking requirements of Sec. 16-46.

2.

Parking shall be located to the side or rear of buildings. In no case shall parking be allowed within the front setback of any lot.

3.

Parking spaces may be located either on or off the lot. Applicant must show proof of space, its location relative to the dwelling unit, and must indicate if the space is owned or leased.

4.

Buildings that do not have frontage on a street must provide access for emergency and service vehicles through the layout and design of driveways, interior service roads, or pedestrian and bicycle circulation corridors.

5.

The TRC may allow shared parking in a mixed use development as part of the Site Development Plan approval. The minimum number of parking spaces for a mixed use development, or where shared parking strategies are proposed, shall be determined by a study prepared by the applicant following the procedures of the Urban Land Institute Shared Parking Report, ITE Shared Parking Guidelines, or other approved procedures. A formal parking study may be waived for small developments where there is established experience with the land use mix and its impact is expected to be minimal. The actual number of parking spaces required shall be based well-recognized sources of parking data such as the ULI or ITE reports. If standard rates are not available or limited, the applicant may collect data at similar sites to establish local parking demand rates.

j.

Signs. Signs shall conform to Article V of the Town Code.

k.

Landscaping Requirements

1.

Screening of mechanical equipment, trash, and loading areas shall be provided through the use of walls, fences, and/or dense, evergreen plant materials.

2.

Parking areas shall be screened from adjacent residential uses, streets, and walkways using trees and shrubs. Berms may be used for screening along the street in conjunction with plant materials.

3.

Landscaping shall be provided for driveways and other interior vehicular use areas to provide visual and climatic relief from broad expanses of pavement and to channelize and define logical areas for pedestrian and vehicular traffic.

4.

The use of porous pavement and/or perforated brick or block shall be used to the extent feasible to increase on-site water retention for plant material, groundwater supplies, and to reduce problems associated with runoff.

5.

Completion of the landscaping requirements may be postponed due to seasonal weather conditions for a period not to exceed six (6) months from the time of project completion.

l.

Appearance/Architectural Design

1.

Architectural design shall be compatible with the historic character and scale of building in the neighborhood and the Town of Gilcrest through the use of appropriate building materials, screening, breaks in roof and wall lines and other architectural techniques.

2.

Variations in architectural detail, form and siting shall be used to provide visual interest and avoid monotony.

3.

Existing buildings subject to reconstruction or rehabilitation and proposed buildings shall be compatible with the character and scale of contiguous buildings within the immediate neighborhood vicinity.

4.

Proposed buildings should relate harmoniously to each other with adequate light, air, circulation, and separation between buildings.

5.

The entire building façade must be oriented to front and side street property lines and must be located within ten (10) feet of such property lines.

6.

Public open spaces, such as plazas and pocket parks, are encouraged within the development.

7.

In making its decision, the TRC may consider whether the building design is compatible with the following design guidelines:

1)

exterior façades are faced with wood, metal, or vinyl clapboards, or stone or brick;

2)

exterior façade treatment is compatible on all four sides;

3)

façades facing town streets have windows facing the street.

m.

Green Infrastructure and Stormwater Runoff

e.

To the extent feasible, mixed use projects shall recharge all stormwater on site. The use of green infrastructure strategies for stormwater recharge, such as permeable pavements, tree box filters, green streets, rain gardens, stormwater infiltration basins and green roofs, are strongly encouraged. Applicants' site development plans shall indicate how the proposed development addresses green infrastructure and stormwater recharge.

(e)

PUD Planned Unit Development Subdistrict.

(1)

Intent. The Planned Unit Development (hereinafter called PUD) provisions contained herein are intended to provide for the planning and development of substantial tracts of land, suitable in location and character for the uses proposed as unified and integrated entities in accordance with detailed development plans.

(2)

PUDs are subject generally to the provisions of Part 2, Chapter 17 of this Code, and are to be permitted as amendments to the zoning map upon approval of a specific development proposal which complies with the requirements and standards for PUDs set forth in this Section and Part 2 of Chapter 17. A PUD amendment to the zoning map shall not change the underlying zoning district but shall designate the affected area as a PUD located in such district, e.g. "R-1/PUD."

(3)

Procedure.

a.

Pre-application procedure. Prior to filing an application for a PUD, the developer shall submit to the Planning Commission a sketch plan and report as specified in Section 17-81 of this Code, plus the following information:

1.

Evidence of unified control of the entire area proposed for development.

2.

A tentative schedule of development.

3.

Evidence of financial capability to complete the development as proposed.

4.

This procedure shall not require a fee or formal application for amendment.

b.

The Planning Commission shall study the material received to determine its general acceptability and compliance with the Master Plan and the objectives of this Chapter.

c.

Following such study, the Planning Commission shall hold a conference with the applicant within thirty (30) days of receipt of all materials to discuss desirable changes in the sketch plan.

(4)

Preliminary development plan.

a.

On reaching conclusions informally as recommended in Paragraph (1) above regarding the acceptability of the plan or program as presented in the sketch plan, the developer may make formal application for a PUD.

b.

An application for a PUD shall be filed with the Town Clerk. Application forms are available from the Town. The applicant shall be responsible for payment of all actual costs incurred by the Town for giving public notices, review and processing of the application.

c.

Material to be submitted with the application shall include the following:

1.

A preliminary development plan containing the information specified in Section 17-82 of this Code, with such modifications and additions as required, including identification of building sites when used instead of lots, common open space not dedicated for public use and other matters as appropriate to planned unit development generally or to the specific PUD. Specifically, the preliminary development plan shall indicate sub-areas for phased development, if any, major off-street parking and loading areas, location and use of structures in relation to building site lines, open spaces in relation to the use for which they are intended and other information as required to establish a clear pattern of the relationship between structures, uses, circulation and open space.

2.

Indication as to order and timing of development and accompanying improvements.

3.

Proposals for improvement and continuing maintenance and management of any private streets, ways or common open space not offered or accepted for dedication for general public use.

4.

Drainage plan indicating how stormwater runoff from existing and proposed developments on upstream properties as well as the project itself will be handled without adversely impacting downstream properties.

5.

Other written and graphic materials that may be reasonably requested by the Planning Commission.

d.

The Planning Commission shall review the preliminary development plan and consult with other agencies as necessary to determine compliance with the requirements and standards of this Chapter, Part 2 of Chapter 17 of this Code, and the sketch plan originally submitted by the applicant.

e.

The Planning Commission shall consider the application at a public meeting held not less than fifteen (15) nor more than forty (40) days after receipt of all application materials.

f.

As soon as possible after such public meeting, the Planning Commission shall forward its recommendation to the Board of Trustees indicating its recommendation for approval, approval with specific conditions or disapproval, and its reasons therefor.

g.

No less than twenty (20) nor more than sixty (60) days after its receipt of the Planning Commission's recommendation, the Board of Trustees shall hold a public hearing on the application. Notice of the public hearing shall be given as required in Section 31-23-304, C.R.S. Not later than forty (40) days after concluding the public hearing, the Board of Trustees shall by written order either approve, approve with conditions or deny the application. The Board shall not approve the application unless the same meets the criteria and standards for the approval of PUDs as set forth in Part 2 of Chapter 17 of this Code. Any conditions of approval, and the reasons for any denial, shall be stated in the Board's order.

(5)

Final development plan.

a.

Before any building permit may be issued in the PUD, a final development plan and report shall be submitted and approved by the Board of Trustees. The final development plan and report shall be submitted to the Town at least fifteen (15) days prior to a regularly scheduled Board of Trustees meeting and shall be considered by the Board of Trustees within forty-five (45) days of submittal. Such plan shall be in accordance with the preliminary development plan as approved by the Board of Trustees with such modifications as attached by the Board of Trustees in its preliminary approval.

b.

The final development plan and supplementary material shall include the following:

1.

A map or maps, and reports containing the information required in Section 17-83 of this Code, with modifications and additions as appropriate to planned unit development generally and to the specific PUD proposal.

2.

Detailed plans for individual buildings or groups of buildings, including the following: site plans for the building sites, indicating relationship to the adjoining areas; floor plans of buildings, indicating horizontal dimensions, uses of space and floor areas; elevations of the buildings involved, indicating height and first habitable floor elevation; and site plans indicating the provision of adequate paved and lighted off-street parking for the uses proposed.

3.

Land areas, floor areas and required open space areas as necessary to make determinations regarding compliance with requirements for land use intensity.

4.

All agreements, covenants, contracts and deed restrictions in a form acceptable to the Town. Specifically, there shall be included an improvements agreement generally conforming to the requirements of Part 1, Article VI, of Chapter 17 of this Code, which provides the mechanism whereby the applicant, his or her successors, heirs and assigns guarantee to make the public improvements required by the Town according to an acceptable time schedule. The improvements agreement shall further specify the terms of insuring the quality, performance and maintenance of said improvements. Said improvements shall include, but not be limited to, streets, drainage structures and improvements, utilities, landscaping and traffic control devices.

5.

Dedication statements for any public land not designated on the plat.

6.

If the use is nonresidential, the number of employees and the type of activity shall be specified.

7.

If the use is residential, the type of units and number of each unit to be built shall be specified.

8.

A complete listing of all landscaping materials, including scientific and common names, quantity, size at planting, size at maturity and a symbol or label to identify materials on the landscape plan.

9.

The location and dimensions of all existing and proposed traffic controls, trash disposal areas and enclosures, electric transformers, landscaping materials shown at mature sizes and the maintenance system for landscaping.

10.

Other written and graphic materials as may reasonably be required by the Board of Trustees.

c.

The Board of Trustees may authorize the submittal of the final development plan in phases. Each phase may constitute only that portion of the approved preliminary plan that the developer proposes to develop at that time.

d.

Following review and approval of the final development plan, the Town shall record the approved PUD plan with the County Clerk and Recorder. Building permits will be issued only after streets with road base suitable for paving, curbs and gutters, sewer lines, water lines, storm drainage facilities and grading have been completed according to the time schedule in the subdivision improvements agreement and according to the requirements and standards of this Chapter and the subdivision regulations. Certificates of occupancy shall be issued only after all terms of the subdivision improvements agreement have been met.

e.

The final development plan as approved by the Board of Trustees shall be binding and shall not be changed during the construction of the PUD except upon application to the appropriate agency under the following procedure:

1.

Minor changes in location, siting, bulk or size of structures or improvements may be authorized by the Board of Trustees if required by circumstances not foreseen at the time the final plan was approved.

2.

All other changes in use, arrangements of blocks or streets or significant changes in the provision of required open spaces must be made by the Board of Trustees under the procedure provided by this Chapter in Section 16-25 below for amendment of the Zoning Map.

(f)

The use of property as a medical marijuana center, optional premises cultivation operation or a facility for which medical marijuana-infused products manufacturers' license could otherwise be obtained within the Town are all uses prohibited in any zoning district.

(Prior Zoning Ord. §§301—311; Ord. 1986-2 §1; Ord. 1991-6, §1; Ord. 1994-7 §2; Ord. 1995-1 §6; Ord. 1995-7 §§14—17; Ord. 1996-7 §§1—4; Ord. 1998-6 §§7—29; Ord. 2004-7 §2; Ord. 2008-04 §§1—3; Ord. 2010-03 §2; Ord. 2010-04 §§1—3)

(Ord. No. 2017-03, § 2, 3-7-17; Ord. No. 2017-05, § 2, 7-11-2017)

(a)

Initiation of amendments to text or Official Zoning Map. The Board of Trustees may from time to time amend, supplement, change or repeal the regulations and provisions of this Article. Amendments to the text of the zoning code may be initiated by the Board of Trustees, Town staff or the Planning Commission, or by written application of any property owner or resident of the Town. Amendments to the zoning district map may be initiated by the Board of Trustees, Town staff or the Planning Commission, or by a real property owner in the area to be included in the proposed amendment.

(b)

General rezoning of the Town. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of the zoning code, whether such revision is made by repeal of the existing zoning code and enactment of a new zoning code or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change, shall be waived. However, the proposed zoning map shall be available for public inspection in the Town Hall during regular business hours for fifteen (15) days prior to the public hearing on such amendments.

(c)

Zoning amendment application process.

(1)

Step 1: Optional pre-application conference. The applicant may attend a pre-application conference with a representative from the Town. The purpose of the meeting is to discuss the zoning amendment, submittal requirements and review process.

(2)

Step 2: Zoning amendment application submittal. The applicant shall submit one (1) copy of the complete zoning amendment application package to the Town Clerk and shall request that the application be reviewed by the Planning Commission and Board of Trustees. Each zone district change shall require a complete separate application and filing fee regardless of whether or not the properties are contiguous, the properties are under the same or different ownership, the properties are to be a part of one (1) single development project or the proposed rezonings are being applied for at the same time. Note: In the case of text amendments, only Items a. and b. below are required.

a.

Completed land use application form, zoning amendment-technical criteria form, application fee and reimbursement agreement. Filing fees are as follows:

b.

A written description of the proposed change to the text of this Chapter, including the citation of the portion of the Chapter to be changed and the wording of the proposed change. The description must provide the rationale for the proposed change. Particular attention should be given to addressing the criteria listed in Subsection (e) below.

c.

A legal description for all property to be considered for rezoning.

d.

Current proof of ownership in the form of title insurance issued within thirty (30) days of submission of the application.

e.

A zoning amendment map of the area included in the proposed change, twenty-four (24) inches high by thirty-six (36) inches wide, with the following information:

1.

North arrow, scale (1" = 100' or 1" = 200').

2.

The subdivision or block and lot name of the area to be zoned (if applicable) at the top of each sheet.

3.

Legal description of area to be zoned (entire area and individual zoning districts). In unsubdivided property, zone boundaries shall be determined by a metes and bounds description.

4.

Location and boundaries, including dimensions, of the property proposed for rezoning.

5.

The acreage or square footage contained within the property proposed for rezoning.

6.

All existing land uses in the proposed rezoning area.

7.

Zoning and existing land uses on all lands adjacent to the proposed rezoning.

8.

Certificate blocks for Surveyor, Planning Commission, Board of Trustees and Weld County Clerk and Recorder.

f.

A written statement describing the proposal and addressing the following points:

1.

Need for the proposed rezoning;

2.

Present and future impacts on the existing adjacent zone districts, uses and physical character of the surrounding area;

3.

Impact of the proposed zoning on area accesses and traffic patterns;

4.

Availability of utilities for any potential development;

5.

Present and future impacts on public facilities and services, including, but not limited to, fire, police, water, sanitation, roadways, parks, schools and transit;

6.

The relationship between the proposal and the Comprehensive Plan; and

7.

Public benefits arising from the proposal.

g.

Provide the Town Clerk with a current list (not more than thirty [30] days old) of the names and addresses of the surrounding property owners (within one hundred [100] feet of the property), mineral interest owners of record, mineral and oil and gas lessees for the property and appropriate ditch companies. The applicant shall certify that the report is complete and accurate.

h.

Public hearing notification envelopes - two (2) sets of stamped, addressed, and certified (return receipt requested) envelopes. The envelopes shall have the Town's address as the return address, and the envelopes shall be addressed to the surrounding property owners (within one hundred [100] feet of the property), and mineral interest owners of record, mineral and oil and gas lessees for the property. It is the applicant's responsibility that accurate and complete information is provided.

(3)

Step 3: Zoning amendment application certification of completion. Within a reasonable period of time, staff shall either certify the application is complete and in compliance with all submittal requirements or reject it as incomplete and notify the applicant of any deficiencies. The applicant shall then correct any deficiencies in the application package, if necessary, and submit the required number of copies of the application (as specified in the zoning amendment technical criteria form) to the Town Clerk. The original application and all documents requiring a signature shall be signed in blue ink.

(4)

Step 4: Final staff review and report to Planning Commission. Staff shall complete a final review of the resubmitted materials and prepare a report to the Planning Commission explaining how the application is or is not consistent with the criteria for amendments to the zoning map or criteria for amendments to the text of this Chapter.

(5)

Step 5: Set zoning amendment public hearing and complete public notification process. The Town Clerk shall send notice by certified mail of public hearing to the applicant, all property owners of record within one hundred (100) feet of the property in question, all mineral interest owners of record and mineral and oil and gas lessees for the property no less than fifteen (15) days before the initial Planning Commission public hearing. The Town Clerk shall also publish notice in a newspaper of general circulation within the Town not less than fifteen (15) days before the date set for the hearing. The Town Clerk shall prepare a public hearing notification sign to be posted on the property. Said notice shall include a description of the request, its location and the time, date and location of the public hearing. If the zoning amendment request is accompanying another application which is scheduled for public hearings before the Planning Commission and Board of Trustees, one (1) public hearing may be held on both applications.

(6)

Step 6: Planning Commission public hearing and action on the zoning amendment. Not less than thirty (30) days after submittal of the application, additional information and filing fees as set forth in this Section, the Planning Commission shall hold a public hearing to review the zoning amendment based on the criteria for amendments to the Zoning Map or the criteria for text amendments to this Chapter. The Commission shall then make a recommendation to the Board of Trustees to approve, conditionally approve or deny the zoning amendment application.

(7)

Step 7: Set Board of Trustees public hearing and complete public notification process. Within sixty (60) days following the consideration and a recommendation by the Planning Commission, the Board of Trustees shall schedule a public hearing for the purpose of taking action on the zoning amendment.

(8)

Step 8: Board of Trustees public hearing and action on the zoning amendment. The Board of Trustees shall, after receiving the report and recommendations from the Planning Commission, hold a public hearing and act upon the proposed amendment. Following the required hearing, the Board of Trustees shall consider the comments and evidence presented at the hearing and evaluate the application in accordance with criteria listed below and approve, approve with conditions, or deny the application in whole or in part.

(d)

Criteria for amendments to the official zoning map. For the purpose of establishing and maintaining sound, stable and desirable development within the Town, the official zoning map shall not be amended except:

(1)

To correct a manifest error in an ordinance establishing the zoning for a specific property;

(2)

To rezone an area or extend the boundary of an existing district because of changed or changing conditions in a particular area or in the Town generally;

(3)

The land to be rezoned was zoned in error and as presently zoned is inconsistent with the policies and goals of the Comprehensive Plan;

(4)

The proposed rezoning is necessary to provide land for a community-related use that was not anticipated at the time of the adoption of the Comprehensive Plan, and the rezoning will be consistent with the policies and goals of the Comprehensive Plan;

(5)

The area requested for rezoning has changed or is changing to such a degree that it is in the public interest to encourage development or redevelopment of the area; or

(6)

A rezoning to Planned Unit Development overlay district is requested to encourage innovative and creative design and to promote a mix of land uses in the development.

This declaration of criteria for zoning map amendments shall not control an amendment that occurs incidentally to a general revision of the zoning map.

(e)

Criteria for text amendments to this Chapter. For the purpose of establishing and maintaining sound, stable and desirable development within the Town, the text of this Chapter shall not be amended except:

(1)

To correct a manifest error in the text of this Chapter;

(2)

To accommodate innovations in land use and development practices that were not contemplated at the adoption of this Chapter; or

(3)

To further the implementation of the goals and objectives of the Gilcrest Comprehensive Plan.

(f)

Map amendment upon zoning establishment or modification. Upon enactment of any ordinance annexing and establishing zoning or modifying existing zoning for any property, and upon final passage thereof, the Town shall amend the prior existing maps to include the annexed area with the property zoning classification or show the amended classification, as the case may be.

(Prior Zoning Ord. §203; Prior Zoning Ord. §806; Ord. 2004-7 §2)

(Ord. No. 2017-03, § 3, 3-7-17)