(a)

Except as otherwise expressly provided in this Chapter, accessory structures shall comply with the following setbacks, regardless of whether a building permit is required for such structure:

Accessory Structure Setbacks

(b)

No accessory structure other than a patio or deck shall be located in a front yard.

(c)

On any property subject to a plat or PUD where the plat or PUD fails to specify accessory structure setbacks, the applicable setbacks shall be either the setbacks established by this Section or the setbacks established on the plat or PUD for primary structures, whichever is less.

(d)

In the R-1.5, R-1.0, R-0.75, R-0.5, R-0.25, R-0.1 and R-0.05 Districts, for accessory structures greater than eight and one-half (8.5) feet in height, the setback shall be determined by the following formula: for each additional foot of height over eight and one-half (8.5) feet, an additional four (4) feet of setback on all sides shall be required up to the point where principal building setbacks are met, after which no further setback is required.

(Prior code 15.82.010; Ord. 32 §1, 2011; Ord. 09, § 2, 2023)

Accessory structures shall not occupy more than thirty percent (30%) of a rear yard or thirty percent (30%) of a side yard.

(Prior code 15.82.020; Ord. 32 §1, 2011)

(a)

A permit is required for an accessory structure or building with a footprint greater than fifty (50) square feet but less than one hundred twenty (120) square feet. The procedures for accessory structure permit applications are set forth in Article 2 of this Chapter.

(b)

A building permit shall be required for an accessory structure or building with a footprint of one hundred twenty (120) square feet or greater.

(c)

If an accessory structure or building is erected without the permit required by this Section, the City may conduct a special investigation prior to the issuance of such a permit. An investigation fee in an amount to cover the City's costs shall be assessed in addition to the applicable permit fee, whether or not a permit is subsequently issued.

(Prior code 15.82.030; Ord. 32 §1, 2011)

(a)

Permanent outside toilets, water closets and privies are prohibited accessory structures.

(b)

No accessory building shall be used as a dwelling unit other than for guests staying for fewer than fifteen (15) days in a 30-day period.

(Prior code 15.82.040; Ord. 32 §1, 2011; Ord. 04, § 1, 2023)

Detached garages shall comply with the applicable principal building setbacks for the zone district in which the property is located.

(Prior code 15.82.050; Ord. 32 §1, 2011)

(a)

A deck in a front yard must be twelve (12) inches in height or less, must meet principal building setbacks, may extend no more than twenty (20) feet from the principal building, and must abut the principal building.

(b)

Decks over twelve (12) inches in height are only allowed in rear and side yards and shall be subject to the accessory structure setbacks set forth in Section 16-22-10(a).

(c)

Decks equal to or greater than twelve (12) feet in height are part of the principal structure and shall comply with the principal building setbacks for the zone district in which the property is located.

(Prior code 15.82.060; Ord. 32 §1, 2011; Ord. 09, § 6, 2023)

(a)

Patios shall be subject to the accessory structure setbacks set forth in Section 16-22-10(a).

(b)

A patio in a front yard must meet principal building setbacks, may extend no more than twenty (20) feet from the principal building, and must abut the principal building.

(Prior code 15.82.070; Ord. 32 §1, 2011; Ord. 09, § 7, 2023)

Editor's note— Ord. 09, § 3, adopted July 10, 2023, repealed § 16-22-80. Former § 16-22-80 pertained to outdoor kitchens and derived from § 15.82.080 of the prior code and Ord. 32, § 1, adopted 2011.

Editor's note— Ord. 09, § 4, adopted July 10, 2023, repealed § 16-22-90. Former § 16-22-90 pertained to swimming pool equipment and derived from § 15.82.090 of the prior code and Ord. 32, § 1, adopted 2011.

Editor's note— Ord. 09, § 5, adopted July 10, 2023, repealed § 16-22-100. Former § 16-22-100 pertained to hot tubs and derived from § 15.82.100 of the prior code and Ord. 32, § 1, adopted 2011.

A play structure shall be located in a side yard or rear yard, and shall be set back a minimum of five (5) feet from the property line.

(Prior code 15.82.110; Ord. 32 §1, 2011)

A skateboard structure shall not exceed forty (40) inches in height, and the footprint of a skateboard structure shall not exceed fifty (50) square feet and is subject to the accessory structure setbacks set forth in Section 16-22-10(a).

(Prior code 15.82.120; Ord. 32 §1, 2011; Ord. 09, § 8, 2023)

(a)

Home occupations are permitted so that small businesses may function without incurring high overhead costs and persons can legally perform limited business activities within a residence. Such uses are regulated as follows in order to assure that there will be no negative impacts on adjacent residential uses/areas;

(1)

Locating a home occupation within a residential dwelling unit shall not result in an alteration to the residential appearance or character of the principal structure, use or parcel on which it is located;

(2)

Merchandise, products or other materials shall not be displayed in such a manner as to be visible from outside the dwelling. No materials used in conjunction with the home occupation shall be stored outdoors, except for family child care homes in which case rear yard storage of playground equipment, swing sets, toys, and other items associated with outdoor activity related to a family child care home is allowed;

(3)

There shall be no on-premises signs advertising the home occupation;

(4)

A resident engaged in a home occupation shall not engage in activity which creates commercial traffic, either vehicular or pedestrian, inconsistent with the residential character of the neighborhood;

(5)

The home occupation shall not result in the production of any noise, vibration, light, dust, odor, fumes, smoke, or other similar effects detectable outside the dwelling unit by the sense of normal human beings;

(6)

The use shall be conducted only within the dwelling unit, which may include a detached garage, if required off-street parking spaces are provided;

(7)

A home occupation allowed as a use by right in residential areas must be conducted only by family members residing in the home. Home occupations employing a person other than immediate family may only employ one (1) individual who is not a family member so long as parking needs for such employee are met on-site;

(8)

Parking related to the home occupation shall be confined to the street frontage of the lot in questions, the driveway and the garage/carport. The home occupant may park no more than one motor vehicle used in the business upon the premises or confined to the street frontage of the lot in question; provided that any such vehicle does not exceed a one-ton chassis. In instances where the home is used as an office for business conducted off-premises, such as a home improvement contractor, lawn care service, etc., storage of materials, tools, equipment, trailers, trucks or vans used in the business shall not be permitted upon the premises from which the home occupation operates except as otherwise provided herein.

(9)

Customers or clients of the home occupation may come to the home only between the hours of 7:00 a.m. and 7:00 p.m. The customer hours do not apply to in-home child care;

(10)

No motor vehicle service, repair, maintenance, reconstruction, restoration, cleaning, sale, or storage shall be conducted as a home occupation. This shall not be interpreted to preclude any of these activities for vehicles owned and used by the residents of the home as their personal automobiles;

(11)

Storage of dangerous, combustible or volatile materials to be used in conjunction with the home occupation shall not be permitted;

(12)

No mechanical equipment shall be used except as permissible for purely domestic or household purposes;

(13)

The principal structure within which the home occupation is located shall comply with all applicable building and fire codes;

(14)

The operator of any home occupation shall obtain all necessary sales and use tax licenses and all other licenses and permits required to operate;

(15)

The provision of family child care services of two (2) or more children shall require the prior written approval of any homeowners' association having jurisdiction over the property in questions;

(16)

The sale of firearms in conjunction with a home occupation is prohibited; and

(17)

Natural medicine businesses are prohibited as a home occupation.

(b)

A home occupation which is found to be in violation of any of the provisions of this Section or other applicable requirements of this Code, shall cease operations until the violation has been corrected.

(Ord. 32 §1, 2011; Ord. 07, §1, 2022; Ord. 11, §3, 2024)

(a)

Intent, authority and applicability.

(1)

Intent. It is the intent of this Section to prohibit certain land uses related to marijuana, and in furtherance of its intent, the City Council makes the following findings:

a.

The Colorado Medical Marijuana Code, Section 12-43.3-101, C.R.S., clarifies state law regarding the scope and extent of Article XVIII, § 14 of the Colorado Constitution.

b.

The Colorado Medical Marijuana Code specifically authorizes the governing body of a municipality to "vote to prohibit the operation of medical marijuana centers, optional premises cultivation operations, and medical marijuana-infused products manufacturers' licenses."

c.

The Colorado Medical Marijuana Code specifically authorizes a municipality "to prohibit the operation of medical marijuana centers, optional premises cultivation operations, and medical marijuana-infused products manufacturers' licenses…based on local government zoning, health, safety and welfare laws for the distribution of medical marijuana."

d.

Article XVIII, § 16 of the Colorado Constitution specifically authorizes a municipality "to prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores through the enactment of an ordinance."

e.

Based on careful consideration of the Colorado Medical Marijuana Code, Article XVIII, § 14 of the Colorado Constitution, Article XVIII, § 16 of the Colorado Constitution and the potential secondary effects of the cultivation, sale, distribution, manufacturing, consumption and dispensing of marijuana or marijuana-infused products, such land uses have an adverse effect on the health, safety and welfare of the City and its inhabitants.

(2)

Authority. The City's authority to adopt this Section is found in the Colorado Medical Marijuana Code, Section 12-43.3-101, C.R.S.; Article XVIII, § 16 of the Colorado Constitution, the Local Government Land Use Control Enabling Act, Section 29-20-101, C.R.S.; Section 31-23-101, C.R.S. (municipal zoning powers); Sections 31-15-103 and 31-15-401, C.R.S. (municipal police powers); Section 31-15-501, C.R.S. (municipal authority to regulate businesses); and the Greenwood Village Home Rule Charter.

(3)

Applicability. This Section shall apply to all property within the City. To the extent that the City is required to allow the cultivation of medical marijuana or marijuana for personal use under state law, the rules set forth herein shall apply. Nothing in this Section shall be interpreted to permit marijuana dispensaries of any kind otherwise prohibited by this or any other Chapter. If the Colorado Medical Marijuana Code, Article XVIII, § 14 of the Colorado Constitution, or Article XVIII, § 16 of the Colorado Constitution are declared unlawful in violation of federal law, nothing in this Code shall be deemed to permit the cultivation, possession or use of marijuana for medical or any other purpose. Nothing in this Section shall be deemed to provide a defense to the prosecution of offenses under the Federal Controlled Substances Act occurring in the City.

(b)

Prohibitions regarding marijuana cultivation, manufacture, testing, consumption or retail sale.

(1)

It is unlawful for any person to operate, cause to be operated or permit to be operated a medical marijuana center, an optional premises cultivation operation or a medical marijuana-infused products manufacturing facility in the City.

(2)

It is unlawful for any person to operate a marijuana cultivation facility, marijuana product manufacturing facility, marijuana testing facility, retail marijuana store or marijuana club within the City.

(3)

It is unlawful to grow medical marijuana or marijuana for personal or medicinal use anywhere in the City other than in an enclosed, locked space within a detached single-family residential property or single-family residential garage or in a detached accessory structure under the ownership of the person cultivating the marijuana or with the written permission of the property owner. Enclosed means having a roof and all sides closed to the weather with walls, windows or doors.

(4)

It is unlawful to cultivate marijuana inside a residential dwelling in an area exceeding thirty-two (32) square feet or exceeding a height of ten (10) feet. This limit applies regardless of the number of qualified patients or caregivers or persons otherwise allowed to possess and grow marijuana for personal use residing in the residence. The cultivation area shall be a single, locked area and shall not be accessible to anyone under the age of twenty-one (21). In no event may more than twelve (12) marijuana plants be cultivated, grown or produced on a residential property.

(5)

It is unlawful to cultivate marijuana in a detached accessory structure that is greater than fifty (50) square feet or more than ten (10) feet in height or in an attached or detached garage in an area that is greater than thirty-two (32) square feet. Any garage or accessory structure used for the cultivation of marijuana, including all walls, doors, and the roof, shall be constructed with a firewall assembly of Type X drywall meeting the minimum building code requirements for residential structures. Other provisions of this chapter notwithstanding, a permit is required for an accessory structure used for growing marijuana and it must meet setback requirements of structures greater than fifty (50) square feet. In no event may more than twelve (12) marijuana plants be cultivated, grown or produced on a residential property.

(6)

It is unlawful to use any lighting for the indoor cultivation of marijuana other than light-emitting diodes (LEDs), compact fluorescent lamps (CFLs) or fluorescent lighting. All high-intensity discharge (HID) lighting, including but not limited to mercury-vapor lamps, metal-halide (MH) lamps, ceramic MH lamps, sodium-vapor lamps, high-pressure sodium (HPS) lamps and xenon short-arc lamps, are prohibited.

(7)

It is unlawful to use gas products (e.g., CO ₂ , butane) for indoor marijuana cultivation or processing.

(8)

It is unlawful to use a kitchen, bathroom or primary bedrooms for the indoor cultivation of marijuana.

(9)

It is unlawful to cultivate marijuana in any structure without complying with applicable building and fire codes, including plumbing and electrical, and all applicable zoning codes, including but not limited to lot coverage, setback and height requirements.

(10)

Any indoor marijuana cultivation area shall include a ventilation and filtration system designed to ensure that odors from the cultivation are not detectable beyond the property line for detached single-family residential dwelling, and designed to prevent mold and moisture and otherwise protect the health and safety of persons residing in the residence. This shall include, at a minimum, a system meeting the requirements of the current, adopted edition of the International Residential Building Code.

(11)

It is unlawful to store chemicals used for marijuana cultivation inside of the habitable areas of the residence or within public view from neighboring properties and public rights-of-way.

(12)

It is unlawful for any marijuana cultivation activity to adversely affect the health or safety of the nearby residents by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration or other impacts; or be hazardous due to the use or storage of materials, processes, products or wastes, or from other actions related to the cultivation.

(Prior code 15.42.520; Ord. 32 §1, 2011; Ord. 42 §1, 2012; Ord. 1 §2, 2013; Ord. 20, § 1, 10-16-2017)

(a)

Outdoor equestrian arena mirrors constructed after passage of this ordinance shall comply with applicable accessory structure setbacks.

(b)

Outdoor equestrian arena mirrors constructed after passage of this ordinance must be screened from neighboring properties with landscaping throughout the entire year.

(c)

Outdoor equestrian mirrors constructed after passage of this ordinance shall be equipped with mounted wind-resistant blinds of a neutral color that must be lowered when a rider is not in the arena for more than one (1) hour.

(Ord. 01, § 1, 2019)

(a)

Allowed use. Short term rentals are an allowed accessory use in all primary residences or lawful inhabitable accessory structures within the City.

(b)

Requirements. Such use shall be regulated as follows in order to assure that there will be no negative impacts on adjacent residential uses/areas:

(1)

Short term rentals must comply with all applicable federal, state and local laws, including, but not limited to, the Greenwood Village Municipal Code.

(2)

Traffic associated with the short-term rental, either vehicular or pedestrian, may not be inconsistent with the residential character of the neighborhood.

(3)

No signage or alteration to the residential appearance or character of the dwelling unit used as a short term rental is allowed.

(4)

No noise, vibration, light, dust, odor, fumes, smoke, or other similar effects associated with the short term rental can be detectable outside the dwelling unit.

(5)

Parking needs must be accommodated by the street frontage of the lot or in the driveway or carport.

(6)

The provider of the short term rental must obtain all necessary lodging, sales and use tax licenses and all other licenses, permits, and permissions required to operate.

(7)

No meals shall be prepared for or served to the short term tenants by the provider of the short term rental.

(8)

Use of a short term rental unit for any commercial or large social events or gatherings, such as weddings, is prohibited.

(9)

The occupancy of a short term rental shall not exceed the total number of unrelated persons that are otherwise permitted to occupy property as a family in accordance with this chapter.

(c)

Short term rental of non-principal residences prohibited. It shall be unlawful to offer property as a short term rental that is not the primary dwelling unit or habitable accessory structure of the property's owner or lease holder. Short term rental units must be the property owner's or lawful lease holder's principal residence and the property owner or tenant must be a natural person or the beneficiary of a trust whose name appears on the deed to the property on which the dwelling unit to be rented is located. Primary residence may be documented by at least two (2) of the following: motor vehicle registration, driver's license, Colorado state identification card, voter registration, tax documents, or a utility bill. A person can only have one (1) primary residence at one (1) time. For purposes of application to short term rentals "person or persons" shall not include any corporation, partnership, firm, association, joint venture, or other similar legal entity.

(Ord. 07 § 3, 4-15-2019)

(a)

Ground-mounted or pole-mounted accessory solar energy systems are allowed as an accessory structure in all residential zoning districts provided the following requirements are met:

(1)

Ground-mounted or pole-mounted accessory solar energy systems must comply with accessory structure setbacks as set forth in Section 16-22-10 and may be no taller than six (6) feet in districts zoned R-0.75 and smaller, and nine (9) feet in districts zoned R-1.0 and larger.

(2)

The total panel surface area of ground-mounted or pole-mounted accessory solar energy systems shall be counted toward the total maximum square footage for accessory buildings and structures for the zone district.

(3)

Ground-mounted or pole-mounted accessory solar energy systems may not be mounted or affixed to any freestanding wall or fence.

(4)

Ground-mounted or pole-mounted accessory solar energy systems shall not be located over a septic system, leach field area or identified reserve area unless approved by the county health department. No ground-mounted or pole-mounted accessory solar energy systems shall be located in a floodplain.

(5)

Ground-mounted or pole-mounted accessory solar energy systems erected after the passage of this ordinance that are visible from ground level living areas of adjacent properties must be screened with year-round dense landscape plantings of sufficient height and mass to effectively screen them at least eighty percent (80%) from view.

(b)

Ground-mounted or pole-mounted accessory solar energy systems are considered to be abandoned or defective if not in operation for a period of twelve (12) months. If abandoned, the solar energy system shall be repaired or removed. If the owner fails to remove or repair the defective or abandoned solar energy system, the city may pursue a legal action to have the system removed at the owner's expense.

(Ord. 10, § 2, 2021)