Dimensional standards are required as shown in table 4-1.

(Ord. No. 2022-03, § 1(Exh. A), 12-13-2022)

No fences or structures shall be within five feet from any waterway including streams, river, creeks, gullies, springs, and washes, measured from the waterways highest seasonal point except as stated in section 12-46(e)(3).

(Ord. No. 2022-03, § 1(Exh. A), 12-13-2022)

(a)

No structure or use shall be located in a required setback or in areas designated for private or common open space on an approved site plan.

(b)

The required front setback shall be measured and provided from the right-of-way line or private roadway as applicable to the structure or use.

(c)

On a corner lot, the owner shall designate one street frontage as the front lot line, and all other street frontages shall be designated as side street lot line(s).

(d)

On corner lots where potential front and side lot lines create a continuous curve, a radial line intersecting the midpoint of the curve shall be deemed the boundary between the yards.

(Ord. No. 2022-03, § 1(Exh. A), 12-13-2022)

(a)

Steeples, bell towers, chimneys, roof-mounted mechanical equipment, elevator equipment enclosures, and similar architectural and mechanical elements, may exceed the maximum height of the applicable zoning district by no more than six feet of the applicable maximum height.

(b)

Porches, balconies, canopies, stairways, steps, and necessary landings and decks, covered patios, enclosed courts, eaves, awnings, bay windows, fire escapes, chimneys, and steps may exceed the minimum setback of the applicable zoning district by no more than 33 percent of the depth of a minimum yard or setback that is required along a front, side, or rear lot line, but not closer than four feet to a side lot line.

(c)

Signs, fences, and gasoline pumps shall be permitted in front, side, or rear setbacks.

(Ord. No. 2022-03, § 1(Exh. A), 12-13-2022)

(a)

Barbed wire fencing is not permitted in any district.

(b)

Fences in a front yard shall not exceed 48 inches in height, except for fences in nonresidential areas that are necessary for security as determined by staff.

(c)

Except as otherwise provided for within this section, no fence shall exceed 72 inches in height, except for fences around tennis courts, baseball fields, or other similar public recreational uses.

(d)

Fences for utility, communication, and energy uses shall be permitted up to 96 inches in height.

(e)

Fences shall only be constructed within the applicable property line and shall not be constructed on or over any public easements but may be constructed within a required setback.

(f)

All fences shall be maintained in good working order by the property owner. In the event that a fence has not been maintained or has been damaged, the town may require the owner to repair or remove the fence within 30 days of written notice or other reasonable time period as determined by the town.

(Ord. No. 2022-03, § 1(Exh. A), 12-13-2022)

(a)

Applicability. This section applies to all subdivision and site plan approvals unless staff determines that review at the site plan stage is not necessary because the application complies with avoidance and mitigation measures already applicable to the property due to prior development approvals.

(b)

Administrative adjustments. To better comply with the provisions of this section while allowing for parcels to remain buildable, staff may adjust the minimum lot size or lot width dimensions by up to 25 percent upon a determination that doing so would result in minimal disturbance to sensitive lands.

(c)

General requirement. Development of lands that are subject to periodic inundation, subsidence of the earth's surface, high water table, or have difficult topography, unstable soils, wetlands, or other natural or human-created hazards to life or property shall be avoided to the maximum extent practicable.

(d)

Wetlands.

(1)

When there is a substantial likelihood of a wetland existing on a property proposed for development, staff shall require, at the applicant's expense, a qualified consultant to study the property to determine the existence of a wetland and delineate the boundaries of the wetland on the applicable property.

(2)

No land-disturbing activity, mowing, or temporary or permanent structure shall be allowed within 25 feet of a delineated wetland.

(3)

A wetland buffer area extending 25 feet from a delineated wetland is required on all delineated wetlands.

(4)

Draining of a delineated wetland is prohibited.

(e)

Stormwater.

(1)

Stormwater runoff from a construction site directed to a wetland shall be substantially free of silt and debris and shall be discharged at a rate that will not disturb vegetation or increase turbidity.

(2)

Increases in runoff from the 10-year and 100-year frequency storms due to development, redevelopment, or change of use activity on the site shall be detained within the development and released at a rate no greater than existed prior to the development.

(3)

No fences or structures shall be constructed across an open drainage channel or easement that will reduce or restrict the flow of water unless part of an approved retention or detention facility or a revocable permit has been approved to allow the fence or structure. If a revocable permit is required, conditions attached to that permit may require mitigation of impacts related to the crossing.

(4)

The town may require any water course or stormwater management facility to be located within a dedicated drainage easement that provides sufficient width for maintenance.

(f)

Drainage.

(1)

A stormwater management plan shall accompany an application for site plans involving an increase in impervious surface area except for accessory structures.

(2)

A stormwater management plan shall be prepared to address the impact a development will have on existing drainage facilities and to provide a basis for designing the storm drainage system within the development.

(g)

Grading. Any land-disturbing activity that requires the grading of slopes, except the construction of public trails, shall meet the following standards:

(1)

All unarmored and structurally unretained graded slopes and fills shall be limited to a 3:1 grade (three feet horizontal to one foot vertical).

(2)

Any graded or fill slope which exceeds a 3:1 grade shall be required to use universally accepted armoring techniques, or retaining structures as approved by the town engineer or, at the developers expense, certification by a licensed professional engineer stating that the slopes can be stabilized by plantings, vegetative seeding, mulching. In the instance of slope cuts that involve rock formations it may be required to be certified by a registered geologist.

(3)

Any graded or fill slope which exceeds a 3:1 grade shall be terraced at 20-foot vertical intervals. Slopes graded between 2:1 and 3:1 shall have a minimum bench width of five feet. Slopes steeper than 2:1 shall have a minimum bench width of five feet and may be required to have wider benches upon town engineer determination.

(4)

Any graded slope which exceeds a 3:1 grade shall be grade staked before grading process begins.

(5)

Maximum slopes proposed within a minimum of 20 feet of an established property line or any required setback adjacent to a property line shall be 3:1 tying into existing grades along perimeter or property line of the site or retained via retaining walls or other acceptable measures.

(h)

Wildfires. Unless waived by staff based on the applicant's demonstration of adequate alternative wildfire mitigation, the following standards are required for all new development and substantial improvements to existing development that require a building permit.

(1)

Vegetation and tree canopies shall maintain a minimum clearance of ten feet from any structure.

(2)

New development in areas designed as a risk of seven and higher in the wildland urban interface risk map as amended by the CO-WRAP Colorado Wildfire Risk Assessment Portal shall meet the applicable standards of the most recent version of the International Wildland-Urban Interface Code unless excepted by staff upon a showing of reasonable alternative fire mitigation.

(3)

The construction of new decks and fencing shall be of fire-resistant materials.

(i)

Floodplains.

(1)

Applicability. All new development and substantial improvements to existing development in a special flood hazard area as delineated by the most recent report available from the Federal Emergency Management Agency (referred to as the "floodplain" hereafter) shall comply with the standards in this section. If a building or structure lies partly within the floodplain, these standards apply to the entire building or structure lying within any portion of the floodplain.

(2)

Referral agency. The town shall forward all applications subject to these floodplain standards to the regional floodplain administration at the Pikes Peak Regional Building Department for review with applicable federal, state, and local floodplain regulations.

(3)

Standards.

a.

All structures shall be anchored to prevent flotation, collapse, or lateral movement of the structure.

b.

All structures shall be constructed with materials and utility equipment resistant to flood damage below the floodplain grade.

c.

All structures shall be constructed to minimize flood damage.

d.

Electrical, heating, ventilation, plumbing, air conditioning equipment, utility meters, and other service facilities shall be located at or above the floodplain grade or designed so as to prevent water from entering or accumulating within the components below the floodplain grade. Water and sewer pipes, electrical and telephone lines, submersible pumps, and other waterproofed service facilities may be located below the floodplain grade.

e.

New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.

f.

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system.

g.

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

h.

Materials which are flammable, hazardous, toxic, or explosive, or that in times of flooding could be harmful to human, animal, or plant life may not be produced, stored, or processed in a floodplain.

(Ord. No. 2022-03, § 1(Exh. A), 12-13-2022)

(a)

Minimum parking required. The number of off-street parking shall be provided as shown in table 4-2.

(b)

Unlisted uses. For uses not listed in table 4-2, staff is authorized to establish the minimum off-street parking requirement based off the listed use that is deemed most similar to the proposed use.

(c)

Shared parking. Where two or more uses listed share a parking lot or garage, the total off-street parking requirement for those uses shown in table 4-2 may be reduced by 25 percent. The total off-street parking required shall be the sum of the shared uses parking requirements for the uses eligible to share parking minus 25 percent. Shared parking reductions shall be approved by staff.

(d)

Parking design and layout.

(1)

General use requirements.

a.

No required off-street parking or loading space shall be used for any purpose other than the parking of vehicles.

b.

Parking shall be prohibited in aisle ways, rights-of way, fire lanes or similar areas not officially designated for parking purposes. These areas shall be posted with "no parking" signs and/or other means as required by staff.

c.

Required parking spaces and areas shall not be used for the sale, display or repair of motor vehicles or other goods and services unless authorized by a temporary use permit.

d.

Parking lots shall not be used for overnight occupancy and parking of recreational vehicles, campers, trailers, buses, vans, motor homes, moving vans, refrigerator trucks or similar vehicles, except as authorized by staff.

(2)

General design requirements.

a.

Parking spaces shall be a minimum of 20 feet in length and eight feet in width.

a.

All parking areas shall be properly graded for drainage and be surfaced with colored concrete, asphalt, or dust-free permeable materials such as permeable pavers, gravel, or other porous materials, or other surfacing as approved by Staff.

b.

Parking areas shall be designed to minimize conflicts with pedestrians and vehicles.

(3)

Location of parking areas.

a.

For single-family and duplex dwellings in all districts, off-street parking areas shall be located in a garage or on a driveway.

b.

When residential uses are located to the rear of a proposed commercial development on a corner site, parking and service areas may be located to the front or side of the building; provided, that they are adequately screened, so that the building acts as a buffer between the parking areas and residential uses.

c.

Required off-street parking, loading, and vehicle stacking spaces shall be located on the same lot as the principal use, except as otherwise provided in section 12-47(b).

(4)

Minimizing vehicular and pedestrian conflicts. If vehicular and pedestrian conflicts are apparent, staff may require an alternative design of parking areas to resolve potential conflicts.

(e)

Loading berths. Buildings with over 15,000 gross square feet shall provide a loading berth of at least ten feet by 25 feet unless the applicant can demonstrate that the use in question is not of the type to warrant a loading berth.

(Ord. No. 2022-03, § 1(Exh. A), 12-13-2022)

(a)

Purpose. The purpose of this section is to:

(1)

Protect the right to free speech by the display of protected message(s) on a sign, while balancing this right against public interests of preserving and protecting the public health, safety and welfare within the Town;

(2)

Reduce hazards that may be caused or worsened by driver, bicyclist, and pedestrian distraction caused by signs, especially those projecting along public rights-of-way or near roadway intersections;

(3)

Preserve and enhance the aesthetic and environmental values of the community, while at the same time providing adequate channels of communication to the public; and

(4)

Regulate signs in in a content-neutral manner in accordance with the town's policy and intent in a manner consistent with the U.S. and Colorado Constitutions, laws, and court decisions.

(b)

Signs not regulated. This section shall not apply to:

(1)

Signs of a duly constituted governmental body, required to be maintained by law or governmental order, rule or regulation, including without limitation traffic or similar regulatory devices, address numerals, legal notices, warnings at railroad crossings, and other instructional or regulatory signs concerning public health, safety and welfare provided, that the copy and size of the sign do not exceed the requirements of such law, order, rule or regulation.

(2)

Decorations associated with any national, local, or religious holiday; provided, that such signs shall be displayed for not more than 60 days in any given year.

(3)

Signs located inside a building at least four feet away from any window through which the sign could be viewed from outside the building.

(c)

Prohibited signs. The following signs shall be prohibited:

(1)

Signs attached to a tree or utility pole whether on public or private property.

(2)

Signs located within a public right-of-way.

(3)

Signs located in the vision clearance triangle or at any location where it may obstruct, impair, obscure, interfere with the view of, or be confused with, any traffic control sign, signal or device, or where it may interfere with, mislead or confuse traffic.

(4)

Flashing signs, signs emitting sound, rotating or moving signs, animated signs, signs with moving lights or signs that create the illusion of movement, except a sign whereon the current time or temperature is shown by intermittent lighting shall not be deemed to be a flashing sign. A sign that changes copy or color no more than once every four hours shall not be considered a flashing or moving sign.

(5)

Riders or attachments to signs.

(d)

General requirements for all signs.

(1)

Unless otherwise provided for in this section, signs may only be erected, altered, and maintained on the same lot as the permitted use(s) which the sign is appurtenant to.

(2)

All signs shall be maintained and kept in good repair, including without limitation, the repair of glass, plastic or other sign face material that is missing, broken, damaged, or deteriorated; and the repair of any pole, frame support, or similar structure that is broken, damaged, or deteriorated.

(e)

Number of permitted signs.

(1)

A total of five signs are permitted per use except as stated in subsection ii below.

(2)

The following signs shall be permitted in addition to the permitted signs allowed in each district:

a.

At each primary entrance to a residential subdivision, an additional two freestanding signs are permitted each with a maximum height of six feet and a maximum gross surface area 100 square feet.

b.

Signs located on sites where subdivision, development, redevelopment, initial construction or other major improvement of the property is under way shall be permitted an additional two freestanding, wall, or window signs that shall not exceed 64 square feet in total area nor 32 square feet per face and shall not exceed eight feet in height.

(f)

Total sign area allowed.

(1)

On arterial street frontages, the maximum sign area shall be two square feet of sign area for each linear foot of building frontage for the first 100 feet, then one-half square feet of sign area for each linear foot of building frontage thereafter as measured along the building frontage (the longest building frontage with a public entrance), up to the limit in subsection (3) below.

(2)

On all other street frontages, the maximum sign area shall be one square feet of sign area for each linear foot of building frontage for the first 200 feet of building frontage; then one-half square feet of sign area for each linear foot of building frontage thereafter as measured along the building frontage (the longest building frontage with a public entrance), up to the limit in subsection (3) below.

(3)

Maximum total sign area per use shall not exceed 600 square feet in any case.

(4)

No individual sign shall exceed 200 square feet.

(5)

Each tenant or business is permitted one blade sign up to a maximum of six square feet in addition to the signs listed in subsections (1) through (4) above.

(g)

Maximum height.

(1)

In the R-1 district, the maximum sign height shall be six feet.

(2)

In all other districts, the maximum sign height shall be 12 feet.

(h)

Required setback. Unless stated otherwise in this section, all signs on private property must be set back four feet from any public right-of-way and may not be placed in street medians, corner sight triangles or within a parking space.

(i)

Temporary signs.

(1)

Two temporary signs are permitted per property.

(2)

Temporary signs shall not exceed 32 square feet in total surface area per use and shall comply with the applicable setback regulations for the district in which they are located.

(3)

Temporary signs shall remain in place for less than 30 days, except that staff may, for good cause, extend the time up to 30 additional days upon written application. Only one temporary sign per applicant shall be permitted to exceed the 30-day limit in any calendar year, except by conditional use.

(j)

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

(k)

Message substitution. A noncommercial message may be substituted for a commercial message on any sign permitted by this section.

(Ord. No. 2022-03, § 1(Exh. A), 12-13-2022)

(a)

Applicability. This section shall apply to all subdivisions and land divisions located wholly or partially within the town unless specifically exempted otherwise.

(b)

Subdivision name. The proposed name of a subdivision shall be approved by staff and shall not use a word that is the same as, similar to, or pronounced the same as a word in the name of any other subdivision in the town except for common locational terms like hills, court, etc.

(c)

Adequate public facilities.

(1)

Purpose. This section establishes standards for required infrastructure improvements associated with any subdivision. To be adequate, facilities must be appropriate in type, availability, and capacity.

(2)

Facilities.

a.

In a proposed subdivision, the required public facilities may include, but are not limited to, parks, boulevard trees, streets, sidewalks, public sanitary sewer and water extensions, storm water management facilities, soil erosion and sedimentation control, and monumentation. Other items that are necessary or material to the project, such as school sites, may be identified during the development approval process.

b.

An applicant may seek to stage or phase development to link the timing of development with the adequacy of public facilities. However, the board of trustees shall consider the demand for adequate public facilities generated by subsequent phases of the development and must require a development agreement as to the design and construction of on-site or off-site public or private facility improvements to serve those subsequent phases.

c.

No development shall be approved unless the public facilities in existence or to be constructed pursuant to an executed development agreement are adequate to handle the demand on those public facilities generated by the development.

d.

All new subdivision development shall connect to the town water supply system.

(3)

Improvements and easements.

a.

Required improvements reasonably related to the development shall be installed at the sole expense of the applicant. Assessment of costs to subsequent users or public participation may in certain instances be applicable to a proposed project.

b.

Bonds or surety deposits shall be required in the amount necessary to cover the cost of installation, unless waived in the development agreement prior to commencing activity involving the installation of public improvements.

c.

Any unexpended portion of a surety deposit shall be returned to the applicant upon satisfactory completion of the public improvements.

d.

Easements and/or deeds shall be granted, and rights-of-way dedicated to the public by the applicant as part of the development approval process or through separate instrument, which shall be in a form approved by the town attorney.

i.

Drainage easements needed for stormwater management shall be provided.

ii.

Utility easements required by the various public and private utilities shall be provided.

(4)

Utilities. All new utilities shall be placed and maintained underground, unless determined by the town that extraordinary circumstances related to the physical condition of the property render undergrounding impossible. Such utilities shall be constructed within street rights-of-way or within easements dedicated for such use.

(5)

Street design.

a.

Street connections shall be provided to adjoining undeveloped and/or underdeveloped lands within and outside the town to allow future development to connect to a public street system.

b.

Street systems shall be designed to be through-streets. Permanent cul-de-sacs and dead-end streets shall only be used when topography, the presence of natural features, and/or vehicular safety factors make a vehicular connection impractical.

c.

Alleys are permitted and encouraged and shall:

i.

Be a minimum width of 20 feet; and

ii.

Be dedicated to the town.

(6)

Connectivity.

a.

Sidewalks shall be required along both sides of all arterial, collector, and local streets including cul-de-sacs, and within and along the frontage of all new development unless such requirement is waived by staff upon a showing of site constraints that make such requirement unduly burdensome.

b.

Sidewalks shall be constructed to comply with the Americans with Disabilities Act.

c.

Sidewalks shall be constructed of durable, smooth, and skid resistant material and a minimum width of five feet.

d.

Multi-use trails, separated from automobile traffic, at least 15 feet in width and approved by staff, may be used in lieu of the sidewalk requirement.

(7)

Maintenance.

a.

Maintenance of newly installed public facilities shall remain with the applicant for a period of two years from final inspection or as otherwise defined in an owner contract or development agreement.

b.

Following the expiration of the required maintenance period, the town shall assume responsibility for maintenance and upkeep of public facilities upon the acceptance of such facilities in a form approved by the Town.

(Ord. No. 2022-03, § 1(Exh. A), 12-13-2022)