04 - ZONE DISTRICTS
This chapter of the zoning code describes each type of zone district to establish a foundation for the uses which are permitted or not allowed.
The commercial historical district, also known as "The Yard" in the 2017 This is Gypsum Master Plan, is intended to reflect the character of the original downtown and to provide for a mixture of uses that will strengthen and expand the core community by:
(1)
Encouraging the redevelopment and expansion of the existing historical town area;
(2)
Providing a concentration and mixture of civic, office, retail, restaurant, housing and cultural land uses;
(3)
Maintaining and enhancing the historic character of the original downtown;
(4)
Facilitating pedestrian movement;
(5)
Permitting the construction or rehabilitation of attached apartment, civic and storefront building types in close proximity to each other.
(6)
Dwelling units within the commercial historical district may be allowed by special use permit with the following restrictions or provisions:
a.
Livable area of dwelling unit cannot be less than 250 square feet.
b.
Residential uses cannot exceed 75 percent of the total area of the structure.
c.
No standalone single-family residential units are permitted. Residential units must be part of at least a duplex design or higher.
d.
Dwelling units may be condominiumized and sold separately from the associated commercial portion of the building.
e.
In addition to the criteria generally applicable to special use permit applications, the following criteria shall also be considered:
i.
Proximity to parks and open space or other amenities;
ii.
Overall parking on and off site;
iii.
Benefit to the town (retail uses will have preference); and
iv.
Traffic circulation throughout the neighborhood
(7)
All properties in the commercial historical district are subject to architectural design guidelines as adopted and amended by the town.
(Ord. No. 2019-06, § 1(Exh. A), 8-13-19; Ord. No. 2025-07, § 1, 5-13-25)
The interstate commercial district is also known as "The Front Door" and "On the River" per the 2017 This is Gypsum Master Plan. The interstate commercial district identifies lands located along Interstate 70 at the existing Gypsum interchange or any future interchange and is intended to be a setting for development of a wide range of businesses catering to the needs of interstate travelers. Secondarily, it can accommodate a wide range of other uses including community and regional retail uses, offices and personal and business services. The interstate commercial district is intended to integrate various commercial uses while transitioning from the interstate highway to adjacent lower density neighborhoods. The interstate commercial district is intended to complement rather than compete with the downtown area.
Dwelling units within an interstate commercial district are allowed with the following restrictions or provisions:
(1)
Livable area of dwelling unit cannot be less than 250 square feet.
(2)
Residential uses cannot exceed one-half of the total commercial area of the structure.
(3)
Dwelling units must be a part of a mixed use building.
(4)
Dwelling units may be condominiumized and sold separately from the associated commercial portion of the building. All properties in the interstate commercial district are subject to architectural design guidelines as adopted and amended by the town.
(5)
No stand-alone single-family residential units are permitted. Residential units must be part of a multifamily structure.
(Ord. No. 2019-06, § 1(Exh. A), 8-13-19; Ord. No. 2020-11, § 5, 8-11-20)
The commercial/professional district identifies lands located along both sides of Highway 6 and along Cooley Mesa Road that are suitable for commercial development. The commercial/professional district is intended to provide for the location of auto-oriented and auto-dependent uses and/or uses which provide a wide range of general retail goods and services for residents of the local community and the region, as well as businesses and highway users, primarily inside of enclosed structures. Locations for this zone district require good access to major arterial streets and adequate water, sewer and power.
Dwelling units within a commercial/professional district are allowed with the following restrictions or provisions:
(1)
Livable area of dwelling unit cannot be less than 250 square feet.
(2)
Residential uses cannot exceed 75 percent of the total commercial area of the structure or project if there are multiple buildings.
(3)
Dwelling units may be part of a vertically mixed use building or stand alone on the same lot or parcel, but do not have to be accessory to the commercial use. Dwelling units may be condominiumized and sold separately from the associated commercial portion of the building.
(4)
No stand-alone single-family residential units are permitted. Residential units must be part of a multifamily structure.
(Ord. No. 2019-06, § 1(Exh. A), 8-13-19; Ord. No. 2020-11, § 5, 8-11-20)
(a)
The market district identifies lands located around the Valley Road, Schoolside Street, Oakridge Drive, Green Way, and Highway 6 intersections, as well as the streets of Crestwood Drive, Oakridge Drive, Oakridge Court, and along portions of Highway 6, Red Table Drive, and Green Way for commercial and mixed-use residential development. The Market District is intended to provide for both auto-dependent and pedestrian uses which provide a wide range of general retail goods and services for residents of the local community and the region, as well as businesses and highway users, primarily inside of enclosed structures.
(b)
All properties within the market district are subject to architectural design guidelines as adopted and amended by the town.
(c)
Dwelling units within the market district are allowed with the following restrictions or provisions:
(1)
Residential uses cannot exceed 75 percent of the total area of the structure. Residential uses cannot exceed 75 percent in any building, lot or parcel, unless through a combination of lots and parcels, it does not result in more than 75 percent residential use and must be approved as set forth in paragraph (c)(4).
(2)
No stand-alone single-family residential units are permitted. Residential units must be part of the multifamily structure.
(3)
Dwelling units must be part of a mixed-use building unless otherwise approved as set forth in paragraph (c)(4). Dwelling units may be condominiumized and sold separately from the associated commercial portion of the building.
(4)
Stand-alone commercial buildings and buildings having more than 75 percent residential use must be approved by special use permit that is approved by the town council following review from the planning and zoning commission and subject to a development agreement specifying the locations and use requirements and restrictions of all such buildings. The primary criteria for such a permit will be the proposed building's relationship with the primary corridors of Highway 6, Crestwood Drive, Oakridge Drive, and Oakridge Court.
a.
Along primary corridors: Downtown urban commercial and urban mixed-use buildings are desired, as opposed to residential only buildings.
b.
Along non-primary corridors: Mixed-use buildings are desirable, however, residential only or commercial buildings are acceptable such that they promote a walkable mixed-use downtown area that is inviting for residents from other neighborhoods to visit.
(5)
The commercial portion of a lot's or parcel's project must obtain its certificate of occupancy before or concurrent with the residential portion of the project.
(Ord. No. 2019-06, § 1(Exh. A), 8-13-19; Ord. No. 2020-11, § 5, 8-11-20; Ord. No. 2022-06, § 1(Exh. A), 8-9-22)
The light industrial district is intended to provide locations for a variety of workplaces including light industrial uses, service businesses, research and development offices and institutions. This zone district is intended to encourage the development of planned office and business parks; to promote excellence in the design and construction of buildings, outdoor spaces, transportation facilities and streetscapes.
Apartments within a light industrial district may be allowed by special use permit, but only as an accessory use to the commercial use located on the same lot. The minimum lot size for an apartment in a light industrial district is two acres. Only one apartment shall be allowed for each lot, even if the lot is subdivided into separate units. Occupancy of the apartment shall be limited to the owners or employees of the associated commercial use. Such apartments cannot be condominiumized or sold separately from the associated commercial use and the studio apartment shall not be subdivided from the remainder of the building. The following restrictions shall also apply to any special use permit issued for such apartment:
(1)
Livable area of the apartment shall not be greater than 650 square feet. The combined minimum square footage of the studio apartment and the portion of the building devoted to commercial use shall not be less than 1,300 square feet.
(2)
In addition to the criteria generally applicable to special use permit applications, the following criteria shall also be considered:
a.
Overall parking on site.
b.
Traffic circulation within the lot and through the neighborhood.
c.
Access to the studio apartment by the fire department, law enforcement authorities, and emergency service providers.
d.
Benefit to the Town of Gypsum.
(Ord. No. 2019-06, § 1(Exh. A), 8-13-19)
The heavy industrial district is intended to provide a location for a variety of employment opportunities such as manufacturing, warehousing and distributing, indoor and outdoor storage and a wide range of industrial operations, in locations where conflicts with residential, commercial and other land uses can be minimized. The heavy industrial district may also accommodate complementary and supporting uses such as convenience shopping and child care centers by special use permit. Locations for the heavy industrial district require good access to major arterial streets and adequate water, sewer and power.
The institutional district is intended to identify and perpetuate the existence of public parks, recreation facilities, playgrounds and public and quasi-public buildings, whether publicly owned or leased. In certain circumstances, it may be appropriate to allow and encourage institutional uses to develop on-site housing for some of their employees. Residential units require a special use permit.
In addition to the criteria generally applicable to special use permit applications, the following criteria shall also be considered:
(1)
Overall parking on site;
(2)
Traffic circulation within the lot and through the neighborhood;
(3)
Availability of emergency access to the residential units by the fire department, law enforcement authorities, and emergency service providers; and
(4)
Benefit to the Town of Gypsum.
(Ord. No. 2019-06, § 1(Exh. A), 8-13-19)
A mobile home park district is a high-density residential district on a parcel of land under single ownership or control on which two or more manufactured homes or two or more mobile homes are occupied as residence.
(Ord. No. 2017-13, § 2, 10-10-17; Ord. No. 2019-06, § 1(Exh. A), 8-13-19)
The multifamily district is a high-density residential zone intended primarily for multifamily uses on individual lots. In order to facilitate higher densities near viable business centers, multifamily buildings are generally encouraged near a neighborhood commercial center. Street and open space designs in these areas shall be used to create compatibility among frontages, which encourage pedestrian interaction and discourage high automobile speeds.
(Ord. No. 2019-06, § 1(Exh. A), 8-13-19)
The single-family high density district is intended to provide for higher density single-family residential development within the town on individual lots of not less than 6,500 square feet.
The single-family medium density district is intended to provide for moderate density single-family residential development within the town on individual lots of not less than 10,001 square feet.
The single-family low density district is intended to provide for lower density single-family residential development within the town on individual lots of not less than 20,001 square feet.
The rural residential district is a very low density single-family residential development within the town on individual lots of not less than two acres. The purpose of the rural residential district is to serve as a transition area between the denser residential development found in town and the lower densities of agricultural (AG) and Eagle County Resource Districts. A maximum of two dwelling units are allowed on each lot. A rural residential zoned lot may have either a Second Dwelling Unit or an Accessory Dwelling Unit, but cannot have both.
(Ord. No. 2020-11, § 3, 8-11-20; Ord. No. 2020-11, § 3, 8-11-20)
The agricultural district is an ultra low-density district intended for the pursuit of farm activities and limited animal raising and grazing activities or for transitional status. This zone district is characterized by growing crops and raising livestock. It is intended to maintain the rural character of areas at the periphery of the town, while allowing some appropriate residential development. Lot area is a minimum of five acres and a maximum of two dwelling units are allowed on each lot. An agricultural zoned lot may either have a Second Dwelling Unit or an Accessory Dwelling Unit, but cannot have both.
(Ord. No. 2020-11, § 4, 8-11-20)
The developing resource district is intended to provide for the annexation of those properties that are currently used for agriculture or other nonurban uses and for which there are no specific and immediate plans for development. These areas are designated on the master plan as potentially suitable for urban development, but not in the immediate future because of lack of utilities, other services, or other uses. The only permitted use in the developing resource district is the one that existed on the date the property was placed in this district.
04 - ZONE DISTRICTS
This chapter of the zoning code describes each type of zone district to establish a foundation for the uses which are permitted or not allowed.
The commercial historical district, also known as "The Yard" in the 2017 This is Gypsum Master Plan, is intended to reflect the character of the original downtown and to provide for a mixture of uses that will strengthen and expand the core community by:
(1)
Encouraging the redevelopment and expansion of the existing historical town area;
(2)
Providing a concentration and mixture of civic, office, retail, restaurant, housing and cultural land uses;
(3)
Maintaining and enhancing the historic character of the original downtown;
(4)
Facilitating pedestrian movement;
(5)
Permitting the construction or rehabilitation of attached apartment, civic and storefront building types in close proximity to each other.
(6)
Dwelling units within the commercial historical district may be allowed by special use permit with the following restrictions or provisions:
a.
Livable area of dwelling unit cannot be less than 250 square feet.
b.
Residential uses cannot exceed 75 percent of the total area of the structure.
c.
No standalone single-family residential units are permitted. Residential units must be part of at least a duplex design or higher.
d.
Dwelling units may be condominiumized and sold separately from the associated commercial portion of the building.
e.
In addition to the criteria generally applicable to special use permit applications, the following criteria shall also be considered:
i.
Proximity to parks and open space or other amenities;
ii.
Overall parking on and off site;
iii.
Benefit to the town (retail uses will have preference); and
iv.
Traffic circulation throughout the neighborhood
(7)
All properties in the commercial historical district are subject to architectural design guidelines as adopted and amended by the town.
(Ord. No. 2019-06, § 1(Exh. A), 8-13-19; Ord. No. 2025-07, § 1, 5-13-25)
The interstate commercial district is also known as "The Front Door" and "On the River" per the 2017 This is Gypsum Master Plan. The interstate commercial district identifies lands located along Interstate 70 at the existing Gypsum interchange or any future interchange and is intended to be a setting for development of a wide range of businesses catering to the needs of interstate travelers. Secondarily, it can accommodate a wide range of other uses including community and regional retail uses, offices and personal and business services. The interstate commercial district is intended to integrate various commercial uses while transitioning from the interstate highway to adjacent lower density neighborhoods. The interstate commercial district is intended to complement rather than compete with the downtown area.
Dwelling units within an interstate commercial district are allowed with the following restrictions or provisions:
(1)
Livable area of dwelling unit cannot be less than 250 square feet.
(2)
Residential uses cannot exceed one-half of the total commercial area of the structure.
(3)
Dwelling units must be a part of a mixed use building.
(4)
Dwelling units may be condominiumized and sold separately from the associated commercial portion of the building. All properties in the interstate commercial district are subject to architectural design guidelines as adopted and amended by the town.
(5)
No stand-alone single-family residential units are permitted. Residential units must be part of a multifamily structure.
(Ord. No. 2019-06, § 1(Exh. A), 8-13-19; Ord. No. 2020-11, § 5, 8-11-20)
The commercial/professional district identifies lands located along both sides of Highway 6 and along Cooley Mesa Road that are suitable for commercial development. The commercial/professional district is intended to provide for the location of auto-oriented and auto-dependent uses and/or uses which provide a wide range of general retail goods and services for residents of the local community and the region, as well as businesses and highway users, primarily inside of enclosed structures. Locations for this zone district require good access to major arterial streets and adequate water, sewer and power.
Dwelling units within a commercial/professional district are allowed with the following restrictions or provisions:
(1)
Livable area of dwelling unit cannot be less than 250 square feet.
(2)
Residential uses cannot exceed 75 percent of the total commercial area of the structure or project if there are multiple buildings.
(3)
Dwelling units may be part of a vertically mixed use building or stand alone on the same lot or parcel, but do not have to be accessory to the commercial use. Dwelling units may be condominiumized and sold separately from the associated commercial portion of the building.
(4)
No stand-alone single-family residential units are permitted. Residential units must be part of a multifamily structure.
(Ord. No. 2019-06, § 1(Exh. A), 8-13-19; Ord. No. 2020-11, § 5, 8-11-20)
(a)
The market district identifies lands located around the Valley Road, Schoolside Street, Oakridge Drive, Green Way, and Highway 6 intersections, as well as the streets of Crestwood Drive, Oakridge Drive, Oakridge Court, and along portions of Highway 6, Red Table Drive, and Green Way for commercial and mixed-use residential development. The Market District is intended to provide for both auto-dependent and pedestrian uses which provide a wide range of general retail goods and services for residents of the local community and the region, as well as businesses and highway users, primarily inside of enclosed structures.
(b)
All properties within the market district are subject to architectural design guidelines as adopted and amended by the town.
(c)
Dwelling units within the market district are allowed with the following restrictions or provisions:
(1)
Residential uses cannot exceed 75 percent of the total area of the structure. Residential uses cannot exceed 75 percent in any building, lot or parcel, unless through a combination of lots and parcels, it does not result in more than 75 percent residential use and must be approved as set forth in paragraph (c)(4).
(2)
No stand-alone single-family residential units are permitted. Residential units must be part of the multifamily structure.
(3)
Dwelling units must be part of a mixed-use building unless otherwise approved as set forth in paragraph (c)(4). Dwelling units may be condominiumized and sold separately from the associated commercial portion of the building.
(4)
Stand-alone commercial buildings and buildings having more than 75 percent residential use must be approved by special use permit that is approved by the town council following review from the planning and zoning commission and subject to a development agreement specifying the locations and use requirements and restrictions of all such buildings. The primary criteria for such a permit will be the proposed building's relationship with the primary corridors of Highway 6, Crestwood Drive, Oakridge Drive, and Oakridge Court.
a.
Along primary corridors: Downtown urban commercial and urban mixed-use buildings are desired, as opposed to residential only buildings.
b.
Along non-primary corridors: Mixed-use buildings are desirable, however, residential only or commercial buildings are acceptable such that they promote a walkable mixed-use downtown area that is inviting for residents from other neighborhoods to visit.
(5)
The commercial portion of a lot's or parcel's project must obtain its certificate of occupancy before or concurrent with the residential portion of the project.
(Ord. No. 2019-06, § 1(Exh. A), 8-13-19; Ord. No. 2020-11, § 5, 8-11-20; Ord. No. 2022-06, § 1(Exh. A), 8-9-22)
The light industrial district is intended to provide locations for a variety of workplaces including light industrial uses, service businesses, research and development offices and institutions. This zone district is intended to encourage the development of planned office and business parks; to promote excellence in the design and construction of buildings, outdoor spaces, transportation facilities and streetscapes.
Apartments within a light industrial district may be allowed by special use permit, but only as an accessory use to the commercial use located on the same lot. The minimum lot size for an apartment in a light industrial district is two acres. Only one apartment shall be allowed for each lot, even if the lot is subdivided into separate units. Occupancy of the apartment shall be limited to the owners or employees of the associated commercial use. Such apartments cannot be condominiumized or sold separately from the associated commercial use and the studio apartment shall not be subdivided from the remainder of the building. The following restrictions shall also apply to any special use permit issued for such apartment:
(1)
Livable area of the apartment shall not be greater than 650 square feet. The combined minimum square footage of the studio apartment and the portion of the building devoted to commercial use shall not be less than 1,300 square feet.
(2)
In addition to the criteria generally applicable to special use permit applications, the following criteria shall also be considered:
a.
Overall parking on site.
b.
Traffic circulation within the lot and through the neighborhood.
c.
Access to the studio apartment by the fire department, law enforcement authorities, and emergency service providers.
d.
Benefit to the Town of Gypsum.
(Ord. No. 2019-06, § 1(Exh. A), 8-13-19)
The heavy industrial district is intended to provide a location for a variety of employment opportunities such as manufacturing, warehousing and distributing, indoor and outdoor storage and a wide range of industrial operations, in locations where conflicts with residential, commercial and other land uses can be minimized. The heavy industrial district may also accommodate complementary and supporting uses such as convenience shopping and child care centers by special use permit. Locations for the heavy industrial district require good access to major arterial streets and adequate water, sewer and power.
The institutional district is intended to identify and perpetuate the existence of public parks, recreation facilities, playgrounds and public and quasi-public buildings, whether publicly owned or leased. In certain circumstances, it may be appropriate to allow and encourage institutional uses to develop on-site housing for some of their employees. Residential units require a special use permit.
In addition to the criteria generally applicable to special use permit applications, the following criteria shall also be considered:
(1)
Overall parking on site;
(2)
Traffic circulation within the lot and through the neighborhood;
(3)
Availability of emergency access to the residential units by the fire department, law enforcement authorities, and emergency service providers; and
(4)
Benefit to the Town of Gypsum.
(Ord. No. 2019-06, § 1(Exh. A), 8-13-19)
A mobile home park district is a high-density residential district on a parcel of land under single ownership or control on which two or more manufactured homes or two or more mobile homes are occupied as residence.
(Ord. No. 2017-13, § 2, 10-10-17; Ord. No. 2019-06, § 1(Exh. A), 8-13-19)
The multifamily district is a high-density residential zone intended primarily for multifamily uses on individual lots. In order to facilitate higher densities near viable business centers, multifamily buildings are generally encouraged near a neighborhood commercial center. Street and open space designs in these areas shall be used to create compatibility among frontages, which encourage pedestrian interaction and discourage high automobile speeds.
(Ord. No. 2019-06, § 1(Exh. A), 8-13-19)
The single-family high density district is intended to provide for higher density single-family residential development within the town on individual lots of not less than 6,500 square feet.
The single-family medium density district is intended to provide for moderate density single-family residential development within the town on individual lots of not less than 10,001 square feet.
The single-family low density district is intended to provide for lower density single-family residential development within the town on individual lots of not less than 20,001 square feet.
The rural residential district is a very low density single-family residential development within the town on individual lots of not less than two acres. The purpose of the rural residential district is to serve as a transition area between the denser residential development found in town and the lower densities of agricultural (AG) and Eagle County Resource Districts. A maximum of two dwelling units are allowed on each lot. A rural residential zoned lot may have either a Second Dwelling Unit or an Accessory Dwelling Unit, but cannot have both.
(Ord. No. 2020-11, § 3, 8-11-20; Ord. No. 2020-11, § 3, 8-11-20)
The agricultural district is an ultra low-density district intended for the pursuit of farm activities and limited animal raising and grazing activities or for transitional status. This zone district is characterized by growing crops and raising livestock. It is intended to maintain the rural character of areas at the periphery of the town, while allowing some appropriate residential development. Lot area is a minimum of five acres and a maximum of two dwelling units are allowed on each lot. An agricultural zoned lot may either have a Second Dwelling Unit or an Accessory Dwelling Unit, but cannot have both.
(Ord. No. 2020-11, § 4, 8-11-20)
The developing resource district is intended to provide for the annexation of those properties that are currently used for agriculture or other nonurban uses and for which there are no specific and immediate plans for development. These areas are designated on the master plan as potentially suitable for urban development, but not in the immediate future because of lack of utilities, other services, or other uses. The only permitted use in the developing resource district is the one that existed on the date the property was placed in this district.