In order to implement the provisions of this Chapter, the Town is hereby, and in the future may be, divided into the following zoning districts:

R-1 Single-Family Residential District

R-2 Two-Family Residential District

R-3 Multifamily Residential District

CBD Commercial Business District

CH Highway Commercial District

LI Light Industrial District

HI Heavy Industrial District

E Estate District

AG Agricultural District

PZ Public Zone District

FZ Fairgrounds Zone District

(Ord. 1-96, 1996, § 1, Ord. 2009-05, § 1; Ord. 2011-01, 2011, § 1; Ord. 2017-11, 2017, § 1)

Uses of property are categorized and allowed in each of the zoning districts in the following Sections.

(Ord. 1-96, 1996, § 1; Ord. 2017-11, 2017, § 1)

(a)

Uses by right include the use of land, structures or both which are authorized by the district zoning classification. These uses may not require prior review and approval by the Planning Commission or the Board of Trustees unless otherwise contained herein.

(b)

A use by right is the principal use permitted in any given zone district. The design standards of any given zone district comprise the essential site plan requirements for the placement of a use on a parcel or in a structure. Site plan approval pursuant to Section 16-2-190 of this Article is required in the R-3, CBD, LI, and PZ zone districts. To construct a use by right on a parcel, a building permit is required. The building permit will require that the use is properly served by access and utilities and that a plot plan be submitted which is used to check the setbacks and other design standards of the district.

(Ord. 1-96, 1996, § 1; Ord. 2012-04, 2012, § 7; Ord. 2017-11, 2017, § 1)

(a)

Accessory buildings and uses are naturally and normally incidental to a use by right and comply with all the following conditions:

(1)

Is clearly subordinate, incidental and customary to and commonly associated with the operation of the use by right.

(2)

Is operated and maintained under the same ownership as the use by right on the same zone lot.

(3)

Includes only those structures or structural features consistent with the use by right.

(4)

Does not exceed maximum lot coverage. Lot coverage is the area of all structures and impervious surfaces on the lot, including the main building and all accessory buildings.

(5)

May include home occupations, as defined in this Chapter and/or by residential zone districts.

(6)

In all residential zones, an accessory structure shall be constructed of materials that are compatible with the use by right structure and shall not be constructed from corrugated sheet metal, canvas or similar nondurable materials. Accessory buildings shall use exterior colors that are used on the primary structure.

(7)

All permitted accessory buildings must be located at a distance from the front lot line which is greater than the front setback for the principal building.

(8)

Under no circumstances may an accessory building be constructed or located in the right-of-way.

(9)

No more than one (1) single shed shall be allowed on any single lot. All new sheds shall be constructed in accordance with the Town of Keenesburg Design Standards. Under no circumstances may a shed be used for human habitation.

(10)

No more than one (1) single carport shall be allowed on any single lot. Double carports are not allowed unless approved through the Town's special review process. All new carports shall be constructed in accordance with the Town of Keenesburg Design Standards.

(b)

Accessory buildings and uses must meet setback and other design standard requirements in each zone district, including, but not limited to, the requirements set forth in the Town of Keenesburg Design Standards. Construction of accessory uses may or may not require a building permit. If a permit is required, a plot plan showing the location of the accessory use on the zone lot will be required.

(Ord. 1-96, 1996, § 1; Ord 2-96, 1996, § 1; Ord. 1-97, 1997, § 1; Ord. 2-97, 1997, § 1; Ord. 1-98, 1998, § 1; Ord. 3-99, 1999, § 1, Ord. 2009-04, § 1, Ord. 2010-05, § 1; Ord. 2017-11, 2017, § 1; Ord. 2020-07, 2020, § 3)

Editor's note— Ord. 2017-11, § 1, adopted Oct. 16, 2017, amended § 16-2-40 and in so doing changed the title of said section, as set out herein.

(a)

Backyard chicken hens may be kept as an accessory use on single-family residential parcels within areas zoned R-1, subject to permitting and compliance with the regulations set forth in Chapter 7 of this code, and other applicable town requirements.

(b)

Backyard chicken hens may be kept as a use by special review on parcels within other zone districts within the Town where single-family dwellings are a use by right, on such parcels where a single-family dwelling is the active permitted use.

(c)

The keeping of backyard chicken hens shall be prohibited in any mobile home zone district.

(Ord. 2016-22, 2016, § 2; Ord. 2021-08, 2021, § 4)

A use by special review is a specific use of land or building or both described and permitted within a zone district subject to special provisions and which, because of its unique characteristics, cannot be properly classified as a use by right. Special uses require public hearings before the Planning Commission and Board of Trustees. These uses are usually extraordinary in nature, and a complete application submittal must be reviewed and approved pursuant to Section 16-2-180 of this Article.

(Ord. 1-96, 1996, § 1; Ord. 2012-04, 2012, § 8; Ord. 2017-11, 2017, § 1)

(a)

The intent of this Section is to provide for the regulation of temporary structures and uses. This Section shall apply to temporary res-idences, temporary construction offices and temporary signs. For the purposes of this Section, the term temporary shall mean a period of up to six (6) months.

(b)

General requirements and procedures. Prior to the establishment and use of a temporary structure, the applicant shall be required to provide the following:

(1)

Submit a plot plan showing location of the use, setbacks and any other pertinent information to the Administrator for review. The plan must conform with all applicable zoning requirements of the district in which the use is to be located.

(2)

Upon approval by the Administrator of a temporary use permit, the applicant may obtain a building permit for the temporary structure.

(3)

Unless otherwise set forth herein, the permit granted by the Administrator shall expire six (6) months from the date of issuance, and may be renewed for not more than two (2) additional six (6) month terms. All temporary uses shall be removed at the expiration of the permit.

(4)

All written requests for renewal shall be submitted to the Administrator a minimum of ten (10) working days prior to expiration date.

(5)

The applicant must meet any additional requirements necessary for the health, safety and welfare of the residents of the surrounding area as determined by the Administrator.

(c)

Permitted temporary structures.

(1)

Temporary construction office. A temporary structure for the storage of construction materials and a construction office to be used for managing a construction job may be utilized in all districts with the following restrictions:

a.

The unit is to be used only during normal construction hours by the construction superintendent, construction workers, contractors, and other persons performing work in connection with the construction job.

b.

While construction is occurring, a temporary construction office may be utilized provided that it is located within the area of a recorded final plat, special use permit or an approved site plan.

c.

The temporary construction office shall not be utilized as living quarters for a caretaker, property owner, contractor or others except in approved cases where security necessitates such occupancy.

(2)

Temporary offices.

a.

Residential sales. Temporary residential sales offices for the sale of units in an area shall be permitted in the residential (R) districts with the following restrictions:

1.

Sales shall be limited only to those units within the platted subdivision in which the office is located.

2.

The temporary structure shall be located within the area of a recorded final plat.

b.

Commercial, business and industrial offices. Temporary nonresidential offices used for sales or business operation purposes shall be permitted in the CBD, CH, LI and HI zone districts with the following restrictions:

1.

The temporary office shall be located within the area of a recorded final plat and an approved site plan.

2.

A building permit for the permanent nonresidential structure must be obtained within six (6) months of approval of the temporary use permit.

(3)

Temporary residence. A permit for a temporary residence may be granted for the purpose of providing temporary housing while constructing a principal residence on a lot. Any renewal of a permit for a temporary residence shall be at the discretion of Town staff upon the applicant demonstrating substantial progress of the work on the principal residence having been made in the prior six-month period, subject to the limitation set forth in Subsection (b)(3) of this Section. A temporary residence requires a building permit, and a condition of the permit shall be that the temporary residence shall be removed no later than thirty (30) days following issuance of the certificate of occupancy for the principal residence.

(4)

Other temporary structures. Tents or other temporary structures used for bazaars, religious functions, festivals or other group activities are allowed in all zone districts except residential zone districts. All permits are to be obtained from the Administrator and shall be valid for no more than six (6) months within any calendar year.

(Ord. 1-96, 1996, § 1; Ord. 2012-04, 2012, §§ 9, 10; Ord. 2017-11, 2017, § 1; Ord. 2021-04, 2021, §§ 1, 2)

On its own initiative, or upon the request of any property owner, the Planning Commission may, by resolution, recommend to the Board of Trustees additions to the uses permitted by right and/or uses permitted by special review for any zoning district. The recommendation of the Planning Commission shall be forwarded to the Board of Trustees for its action pursuant to Article III of this Chapter. The criteria to be considered when adding to the zone district use list are:

(1)

Such use is similar in the use group to which it is added;

(2)

Such use conforms to the basic characteristics of the use group to which it is added; and

(3)

Such use does not create any more offensive noise, vibrations, dust, heat, smoke, odor, glare or other objectionable influences or more traffic hazards than the minimum amount normally resulting from the other uses listed in the use group to which it is added.

(Ord. 1-96, 1996, § 1; Ord. 2017-11, 2017, § 1)

The following uses are prohibited in all zone districts within the Town:

(1)

The use of property as a medical marijuana center, optional premises cultivation operation or a facility for which a medical marijuana-infused products manufacturers' license could otherwise be obtained within the Town are all uses prohibited in any zoning district. For purposes of this Subsection, "medical marijuana center", "optional premises cultivation operation," and "medical marijuana-infused products manufacturers' license" shall have the meanings set forth in Section 6-3-10 of this Code.

(2)

The use of property as a marijuana cultivation facility, marijuana product manufacturing facility, marijuana testing facility, or retail marijuana store are all uses prohibited in any zoning district. For purposes of this Subsection, "marijuana cultivation facility," "marijuana product manufacturing facility," "marijuana testing facility," and "retail marijuana store" shall have the meanings set forth in Section 6-3-10 of this Code.

(3)

Mobile home parks.

(Ord. 2010-04, § 3; Ord. 2013-02, 2013, § 3; Ord. 2017-11, 2017, § 1)

(a)

The storage or burial of dead human bodies, or any part or parts thereof, is prohibited in all residential zone districts and in all buildings, accessory buildings and other structures that are used for or are associated with residential purposes.

(b)

The burial of dead human bodies, or any part or parts thereof, is permitted in districts not zoned residential, and buildings, accessory buildings and other structures not used for residential purposes, only to the extent such use is listed as a permitted use by right or use by special review in such zone district.

(c)

The storage of dead human bodies, or any part or parts thereof, is permitted in districts not zoned residential, and buildings, accessory buildings and other structures not used for residential purposes, only to the extent such storage is clearly incidental to and commonly associated with, and is subordinate in area, extent and purpose to, a lawful principal use. By way of example and not limitation, such a lawful principal use includes a funeral home, funeral chapel or mortuary.

(d)

The following shall not be construed as storage within the meaning of this Section:

(1)

The lawful interment of a dead human body in a lawful cemetery;

(2)

The retention of the lawfully cremated remains of a dead human body;

(3)

The temporary retention of a dead human body following a report made pursuant to Section 30-10-606(1.2), C.R.S., and prior to the taking of legal custody and removal of the body by the County Coroner; and

(4)

The retention of a human body part that has been lawfully obtained and that is preserved or is otherwise in such a condition as not to pose a health hazard.

(Ord. 2012-02, 2012, § 1; Ord. 2017-11, 2017, § 1)

(a)

Purpose. The R-1 Single-Family Residential District is designed to accommodate single-family residential development at low density in areas within the Town that are served by public sewer and water facilities.

(b)

Uses by right.

(1)

Single-family dwellings (including manufactured housing).

(2)

Public parks, playgrounds and other public recreation areas.

(3)

Public utility distribution mains and lines which are underground facilities.

(4)

Open space.

(5)

Gardens.

(6)

Satellite dish antennas without towers; ham radio towers.

(7)

Accessory buildings and uses.

(8)

Home occupations.

(9)

Public and private schools.

(10)

Backyard chickens (up to four (4), no roosters), subject to chicken permit.

(c)

Special review uses.

(1)

Golf courses.

(2)

Churches and church schools.

(3)

Fire stations.

(4)

Communication facilities up to height limit.

(5)

Utility service facilities.

(6)

Major facilities of a public utility.

(7)

Child care homes.

(9)

Hospitals.

(Ord. 1-96, 1996, § 1, Ord. 2008-06, § 3; Ord. 2012-04, 2012, §§ 10, 11; Ord. 2017-11, 2017, § 1)

(a)

Purpose. This zone district provides areas for low- to moderate-density residential development and allows for two-family housing units.

(b)

Uses by right.

(1)

Two-family dwellings (including manufactured housing).

(2)

Public parks, playgrounds and other public recreation areas.

(3)

Public utility distribution mains and lines which are underground facilities.

(4)

Single-family dwellings (including manufactured housing).

(5)

Accessory buildings and uses.

(6)

Home occupations.

(7)

Open space.

(8)

Public and private schools.

(9)

Backyard chickens (up to four (4), no roosters), subject to chicken permit.

(c)

Special review uses.

(1)

Golf courses.

(2)

Churches and church schools.

(3)

Fire stations.

(4)

Communication facilities up to height limit.

(5)

Utility service facilities.

(6)

Child care homes.

(7)

Major facilities of a public utility.

(8)

Child care centers and preschools.

(9)

Condominiums.

(Ord. 1-96, 1996, § 1; Ord. 5-00, 2000, § 2, Ord. 2008-06, § 4; Ord. 2012-04, 2012, §§ 12, 13; Ord. 2017-11, 2017, § 1)

(a)

Purpose. This zone district provides areas for moderate- to high-density multifamily residential development. No land, building or structure shall be changed in use or type of occupancy, developed, erected, constructed, reconstructed, moved or structurally altered or operated in the R-3 zone district until a site plan has been approved pursuant to Section 16-2-190 of this Article.

(b)

Uses by right.

(1)

Single-family and two-family dwellings (including manufactured housing).

(2)

Multifamily dwellings.

(3)

Public parks, playgrounds and other public recreation areas.

(4)

Public utility distribution mains, lines and underground facilities.

(5)

Accessory buildings and uses.

(6)

Home occupations.

(7)

Open space.

(8)

Public and private schools.

(c)

Special review uses.

(1)

Golf courses.

(2)

Churches and church schools.

(3)

Group homes, foster family care homes, nursing homes.

(4)

Preschools, nursery schools, child care homes, child care centers.

(5)

Fire stations.

(6)

Hospitals.

(7)

Communication facilities not exceeding height limits.

(8)

Utility service facilities.

(9)

Central collection sewage treatment facilities.

(10)

Water tanks, water treatment facilities, utility substations and regulator stations.

(11)

Major facilities of a public utility.

(12)

Professional offices, medical and dental clinics.

(13)

Combined use developments which include any use permitted only by special review.

(14)

Colleges and universities.

(15)

Neighborhood shopping center.

(16)

Governmental uses.

(17)

Membership clubs.

(d)

Additional requirements.

(1)

All multifamily developments must be landscaped according to an approved landscape plan, which landscape plan shall conform to applicable Town of Keenesburg Design Standards.

(2)

All roof-mounted equipment shall be properly screened; solar collectors and heaters and television antennas are exempted.

(Ord. 1-96, 1996, § 1, Ord. 2008-06, § 5; Ord. 2012-04, 2012, §§ 14—16; Ord. 2017-11, 2017, § 1; Ord. 2020-07, 2020, § 2)

Editor's note— Ord. 2017-11, § 1, adopted Oct. 16, 2017, repealed former § 16-2-110 which pertained to Mobile Home District (MH) and derived from Ord. 1-96, 1996, § 1; Ord. 1-02, 2002; Ord. 2008-06, § 6; Ord. 2012-04, 2012, §§ 17—19.

(a)

Purpose. This zone district is designed to accommodate a wide variety of commercial activities in addition to mixed-use residential, office businesses and municipal operations. The CBD zone will serve as the primary commercial core of the Town, have overall design integration and be pedestrian-oriented, resulting in the intensive and attractive use of the Town's downtown area. No land, building or structure shall be changed in use or type of occupancy, developed, erected, constructed, reconstructed, moved or structurally altered or operated in the CBD zone district until a site plan has been approved pursuant to Section 16-2-190 of this Article.

(b)

Uses by right.

(1)

Retail and business uses such as:

a.

Attorney at law/legal services.

b.

Antique shops.

c.

Artist supply stores.

d.

Auto and truck parts store.

e.

Bakery.

f.

Banks (drive-in facilities are allowed).

g.

Barber and beauty shops.

h.

Bed and breakfast homes.

i.

Book and stationery stores.

j.

Carwashes (does not include commercial truck washes).

k.

Child care centers and nursery schools.

l.

Churches and church schools.

m.

Clothing stores.

n.

Copy centers.

o.

CPA/bookkeeping services.

p.

Craft stores.

q.

Dance, karate, and other fitness schools or centers.

r.

Drug stores.

s.

Dry cleaning and dyeing establishments.

t.

Dry goods and variety stores.

u.

Electrical and household appliance stores.

v.

Florists.

w.

Furniture stores.

x.

Gift shops.

y.

Grocery stores.

z.

Hardware stores.

aa.

Health club/gym.

bb.

Hospitals, nursing and convalescent homes and other extended care facilities.

cc.

Hotels and motels, including other incidental business uses located inside the principal building, such as restaurants.

dd.

Insurance agencies.

ee.

Jewelry stores.

ff.

Laundromats.

gg.

Libraries.

hh.

Medical and dental clinics.

ii.

Membership clubs, public or private.

jj.

Mortuaries and funeral homes.

kk.

Municipal facilities.

ll.

Music, radio, television and video stores.

mm.

Newspaper publications.

nn.

Newsstands.

oo.

Office supply stores.

pp.

Offices for business and governmental activities.

qq.

Optometrist shops.

rr.

Parking lots for customers and employee parking (off-premise lots).

ss.

Package liquor stores.

tt.

Paint stores.

uu.

Pet shops.

vv.

Photographic studios, equipment and supply stores.

ww.

Post offices.

xx.

Printeries.

yy.

Public utility collection offices.

zz.

Radio and TV stations and other communication businesses.

aaa.

Realty/land offices.

bbb.

Restaurants and other eating and drinking establishments without drive-in facilities.

ccc.

Senior centers.

ddd.

Shoe stores.

eee.

Sporting goods and athletic equipment stores.

fff.

Theaters (indoors).

ggg.

Toy stores.

hhh.

Travel agencies.

iii.

Video rentals.

jjj.

Bowling alleys.

kkk.

Tattoo and piercing parlors.

(2)

Utility service facilities.

(3)

Accessory buildings and uses.

(4)

Public or private school facilities.

(5)

Fire stations and fire training facilities.

(c)

Special review uses.

(1)

Gasoline stations.

(2)

Auto and truck repair shops.

(3)

Car dealerships.

(4)

Restaurants with drive-in facilities.

(5)

Veterinary clinics and hospitals.

(6)

Utility service facilities where height limits are exceeded.

(7)

Water tanks, water and sewer treatment facilities, utility substations and regulator stations.

(8)

Major facilities of a public utility.

(9)

Communication facilities.

(10)

Pubs, microbreweries, distilleries, wineries.

(11)

Licensed natural medicine business pursuant to the Colorado Natural Medicine Code, CRS § 44-50-101 et seq., subject to the limitations of Chapter 6, Article VI of the Keenesburg Municipal Code.

(Ord. 1-96, 1996, § 1; Ord. 6-97, 1997, § 1; Ord. 2006-11, 2006, § 1; Ord. 2012-04, 2012, § 20—23; Ord. 2017-11, 2017, § 1; Ord. 2018-14, 2018, § 1; Ord. 2024-13, 2024, § 1)

(a)

Purpose. This zone district provides areas for commercial retail and service-related commercial uses which generally market to a regional area and require intensive vehicle access and parking located at highway intersections and on the edges of the CBD. No land, building or structure shall be changed in use or type of occupancy, developed, erected, constructed, reconstructed, moved or structurally altered or operated in the CH zone district until a site plan has been approved pursuant to Section 16-2-190 of this Article.

(b)

Uses by right.

(1)

Places for the conduct of commercial and service activities, not of an industrial nature, including, but not limited to, the following:

a.

Uses by right allowed in the Commercial Business District (CBD).

b.

Amusement and general recreational facilities.

c.

Auto and truck repairs.

d.

Auto and truck sales, new and used.

e.

Bowling alleys.

f.

Building materials, farm and ranch materials center.

g.

Car washes.

h.

Department stores.

i.

Electrical, heating, painting, plumbing, roofing or ventilating shops.

j.

Fresh or frozen food lockers.

k.

Gas stations/food stores.

l.

Grocery and liquor stores.

m.

Laundries.

n.

Miniature golf courses, golf driving ranges.

o.

Printing or publishing establishments.

p.

Storage facilities for household goods.

q.

Sign painting.

r.

Radio and TV stations, telephone exchanges and other communications facilities such as towers, antennas and buildings where people work.

s.

Rental equipment stores.

t.

Restaurants and other eating and drinking establishments with drive-up facilities.

u.

Tack, feed and grain stores.

v.

Theaters (outdoor).

w.

Tire supply and repair stores.

x.

Full service truck stores.

y.

Upholstery supply and repair stores.

z.

Utility service facilities.

aa.

Veterinary clinics and hospital.

bb.

Public or private schools.

(2)

Utility service facilities.

(3)

Accessory buildings and uses.

(4)

Fire stations and fire training facilities.

(c)

Special review uses.

(1)

Greenhouses and wholesale plant nurseries.

(2)

Contractor's office with outside storage of construction materials or equipment.

(3)

Firewood sales and storage.

(4)

Farm equipment and heavy equipment sales, new and used.

(5)

Feed mills.

(6)

Flea markets and farmers markets.

(7)

Water tanks, water and sewer treatment facilities, utility substations and regulator stations.

(8)

Communication facilities exceeding the height limit.

(9)

Campgrounds and recreational vehicle (RV) parks.

(10)

Commercial storage areas.

(11)

Major facility of a public utility.

(12)

Storage and sale of commercial fertilizer and farm chemicals.

(13)

Pubs, microbreweries, distilleries, wineries.

(14)

Indoor shooting range.

(15)

Licensed natural medicine business pursuant to the Colorado Natural Medicine Code, CRS § 44-50-101 et seq., subject to the limitations of Chapter 6, Article VI of the Keenesburg Municipal Code.

(Ord. 1-96, 1996, § 1; Ord. 2012-04, 2012, § 24; Ord. 2017-11, 2017, § 1; Ord. 2018-14, 2018, § 2; Ord. 2024-13, 2024, § 2)

(a)

Purpose. This zone district provides land areas to be used primarily for research and development, mini warehousing, small product assembly and manufacturing and other service, distribution and industrial uses that are relatively nonpolluting and have few off-site impacts as a result of the operations on-site. No land, building or structure shall be changed in use or type of occupancy, developed, erected, constructed, reconstructed, moved or structurally altered or operated in the LI zone district until a site plan has been approved pursuant to Section 16-2-190 of this Article.

(b)

Uses by right.

(1)

Uses allowed by right in the Highway Commercial District.

(2)

Assembling and light manufacturing plants.

(3)

Automobile service stations with gasoline pumps and retail gift and sundry sales.

(4)

Bakeries, wholesale and retail.

(5)

Banks, financial institutions and services, including drive-in facilities.

(6)

Bars and lounges.

(7)

Boats, autos, motor vehicles, RV, trucks, motorized equipment; sales, service and storage.

(8)

Bottling plants.

(9)

Bowling alleys.

(10)

Building materials, wholesale and retail.

(11)

Carpentry and woodworking shops.

(12)

Contractor's offices and storage.

(13)

Dairy products processing plants.

(14)

Equipment rental.

(15)

Emergency response facilities.

(16)

Food and beverage processing plants.

(17)

Food lockers.

(18)

Garden shops, greenhouses and wholesale plant nurseries.

(19)

General merchandise wholesale business; retail sales allowed.

(20)

Heavy equipment, truck and farm implement sales and repair.

(21)

Home repair centers, wholesale and retail.

(22)

Machine shops.

(23)

Mini warehouses, with no storage of dangerous or flammable material and no selling of merchandise and other tangible goods or services from any unit.

(24)

General offices, including medical, dental and all professional and governmental activities.

(25)

Product distribution and storage facilities (warehouse).

(26)

Public and private parking lots.

(27)

Public and private recreation areas.

(28)

Restaurants and other eating and drinking establishments.

(29)

Scientific research facilities.

(30)

Storage and warehousing facilities.

(31)

Temporary construction office.

(32)

Temporary office.

(33)

Upholstery supply and repair shops.

(34)

Utility service facilities and storage operations.

(35)

Oil and gas well drilling service operations, storage yards and offices.

(36)

Communication facilities and businesses (TV, radio and telephone, etc.).

(37)

Public or private schools.

(38)

Fire stations and fire training facilities.

(39)

Licensed natural medicine business pursuant to the Colorado Natural Medicine Code, CRS § 44-50-101 et seq., subject to the limitations of Chapter 6, Article VI of the Keenesburg Municipal Code.

(c)

Accessory uses.

(1)

Storage buildings for equipment.

(2)

Below-ground utility mains.

(3)

Parking areas to service the industrial operation.

(d)

Special review uses.

(1)

Uses by special review in the commercial zone districts unless listed as a use by right in this zone district.

(2)

Utility generation facility having fifty (50) megawatts or less of power production.

(3)

Aboveground utility transmission lines.

(4)

Water storage reservoirs less than or equal to sixty-five (65) acre-feet in size.

(5)

Water tanks, water and sewage treatment facilities.

(6)

Communication facilities where height limits are exceeded.

(7)

Utility service facilities where height limits are exceeded.

(8)

Adult amusement, entertainment or business establishment.

(9)

Airports and heliports.

(10)

Crop-dusting operations and associated chemical storage and airstrips.

(11)

Animal sales yard.

(12)

Storage or warehousing of any dangerous or toxic chemicals or products, fertilizers, farm chemicals, etc.

(13)

Concrete, asphalt and mortar batching plants.

(14)

Aircraft-related recreational facilities.

(15)

Rendering plants, slaughter houses and meat packing facilities.

(16)

Major facilities of a public utility.

(17)

Single-family residence for an owner, manager or caretaker. Use by special review for a residence in the "LI" zone shall only be granted when the Board of Trustees finds that the use (a) will not conflict with any other provision of the zoning code; (b) will not endanger the health, safety or welfare of the resident of the industrial premises; (c) will not change the use of the industrial premises to become primarily residential; and (d) the residential use will occupy no more than twenty percent (20%) of the industrial structure.

(18)

Truck wash facilities.

(19)

Indoor or outdoor shooting ranges.

(20)

Pubs, microbreweries, distilleries, wineries.

(21)

Wind generators and turbines.

(Ord. 1-96, 1996, § 1; Ord. 3-99, 1999, § 2; Ord. 2012-04, 2012, §§ 25, 26; Ord. 2017-11, 2017, § 1; Ord. 2018-14, 2018, § 3; Ord. 2024-13, 2024, § 3)

(a)

Purpose. This zone district is reserved for land areas to be used primarily for manufacturing, assembly and distribution of basic goods. In addition, uses that involve resource extraction operations and recycling, storage and disassembly of all types of used products and related support uses are included within this category. Other uses that pose significant off-site impacts may be located in this district under special conditions which mitigate those impacts. No land, building or structure shall be changed in use or type of occupancy, developed, erected, constructed, reconstructed, moved or structurally altered or operated in the HI zone district until a site plan has been approved pursuant to Section 16-2-190 of this Article.

(b)

Uses by right.

(1)

All uses allowed by right in the (LI) Light Industrial zone district.

(2)

Manufacturing, assembly and distribution of secondary and basic goods.

(3)

Rendering plants, slaughter houses and meat packing plants.

(4)

Commercial storage areas and warehouses used to store or distribute goods and commodities (food stuffs, grains, etc.).

(5)

Concrete, asphalt or mortar batching plants.

(6)

Private and public storage areas.

(7)

Public safety facilities.

(8)

Truck terminals and loading areas.

(9)

Utility service facility.

(10)

Oil and gas drilling service operation and storage areas.

(11)

Transloading.

(12)

Oil and gas processing facilities.

(13)

Fire stations and fire training facilities.

(14)

Substation.

(15)

Licensed natural medicine business pursuant to the Colorado Natural Medicine Code, CRS § 44-50-101 et seq., subject to the limitations of Chapter 6, Article VI of the Keenesburg Municipal Code.

(c)

Accessory uses.

(1)

Below-ground utility mains.

(2)

Parking and loading areas to service the industrial operations.

(3)

Water storage reservoirs less than or equal to sixty-five (65) acre-feet in size.

(d)

Uses by special review.

(1)

All conditional uses in the (LI) Light Industrial District that are not listed as uses by right in this district.

(2)

Storage and sale of commercial fertilizer and farm chemicals.

(3)

Utility generation facilities greater than or equal to fifty (50) megawatts of power.

(4)

Aboveground utility transmission lines.

(5)

Junk, scrap metal, auto wrecking and equipment storage and salvage yards.

(6)

Water tanks, water and sewer treatment facilities.

(7)

Airports, heliports.

(8)

Crop-dusting operations and airstrips.

(9)

Sand and gravel mining and other mineral extraction operations.

(10)

Commercial synthetic fuel plants.

(11)

Storage of toxic chemicals and fuels.

(13)

Sanitary landfills.

(14)

Single-family residence for an owner, manager or caretaker. Use by special review for a residence in the "HI" zone shall only be granted when the Board of Trustees finds that the use (a) will not conflict with any other provision of the zoning code; (b) will not endanger the health, safety or welfare of the resident of the industrial premises; (c) will not change the use of the industrial premises to become primarily residential; and (d) the residential use will occupy no more than twenty percent (20%) of the industrial structure.

(15)

Commercial trade schools.

(16)

Indoor or outdoor shooting ranges.

(17)

Pubs, microbreweries, distilleries, wineries.

(18)

Energy generators, such as but not limited to wind turbines and solar generation facilities.

(19)

Agricultural activities.

(Ord. 1-96, 1996, § 1; Ord. 3-99, 1999, § 3; Ord. 2012-04, 2012, § 27; Ord. 2017-11, 2017, § 1; Ord. 2018-13, 2018, § 1; Ord. 2018-14, 2018, § 4; Ord. 2018-18, 2018, § 4; Ord. 2020-14, 2020, § 2; Ord. 2024-13, 2024, § 4)

(a)

Purpose. This zone recognizes the nonurban use of land primarily being utilized for agricultural purposes. The estate zone district is characterized by small farms and estates with lots between one (1) and five (5) acres.

(b)

Uses by right.

(1)

Gardens or raising of agricultural crops.

(2)

Keeping of livestock at a rate of one (1) animal unit per acre in accordance with the following animals per acre allowances:

(3)

One (1) single-family residence.

(4)

Public utility distribution mains and lines which are underground facilities.

(5)

Public parks, playgrounds and other public recreation areas.

(6)

Accessory buildings directly related to the agricultural use.

(7)

Public or private schools.

(8)

Home occupations.

(9)

Fire stations and fire training facilities.

(c)

Special review uses.

(1)

Livestock and crop sales or storage facilities.

(2)

Equestrian activities centers.

(3)

Keeping of livestock at a rate of more than one (1) units per acre or a species not listed. No application fee for 4-H project.

(Ord. 2017-11, 2017, § 1; Ord. 2018-14, 2018, §§ 5, 6)

(a)

Purpose. This zone recognizes the nonurban use of land primarily being utilized for agricultural purposes. The minimum lot size in the agricultural zone is five (5) acres.

(b)

Uses by right.

(1)

Raising of agricultural crops.

(2)

Keeping of livestock at a rate of four (4) animal units per acre in accordance with the following animals per acre allowances:

(3)

One (1) single-family dwelling.

(4)

Public utility distribution mains and lines which are underground facilities.

(5)

Accessory buildings directly related to the agricultural use.

(6)

Public and private schools.

(7)

Fire stations and fire training facilities.

(c)

Special review uses.

(1)

Home occupations.

(2)

Livestock and crop sales or storage facilities.

(3)

Equestrian activities centers.

(4)

Facilities for the exhibition of livestock and crops, including fairgrounds and rodeo arenas.

(5)

Keeping of livestock at a rate of more than four (4) animal units per acre.

(6)

Indoor or outdoor shooting range.

(7)

Solar energy facilities.

(Ord. 1-96, 1996, § 1; Ord. 2005-05, 2005, § 1; Ord. 2012-04, 2012, §§ 28, 29; Ord. 2017-11, 2017, § 1; Ord. 2018-14, 2018, §§ 7, 8; Ord. 2023-08, 2023, § 2)

(a)

Purpose.

(1)

The public zone district is designed to accommodate uses that provide a full range of services, recreation and entertainment to the public. No land, building or structure shall be changed in use or type of occupancy, developed, erected, constructed, reconstructed, moved or structurally altered or operated in the PZ zone district until a site plan has been approved pursuant to Section 16-2-190 of this Article.

(2)

For purposes of this Article, the word public as it relates to a use, a structure or a facility, means a use, a structure or a facility, whether owned privately or by a governmental entity, that is for the benefit of, or devoted to, the people as a whole or the community at large.

(3)

The regulations set forth herein shall not apply to property, buildings or other facilities owned or occupied by the Town.

(b)

Performance standards.

(1)

Buffering shall be required when abutting residentially zoned property. Buffering shall be provided so as to sufficiently separate the use and activities to be conducted on the PZ zoned lot and protect the residential character of the adjoining property. Such required buffering may include, by way of example and not limitation, six-foot-high wooden fencing; landscaping, including trees, shrubs, and groundcover; and berms. Location, size and type of buffering shall be approved by the Board of Trustees. Buffering shall be in addition to minimum landscaped open space requirements.

(2)

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

(c)

Uses by right.

(1)

Public administrative offices and service buildings.

(2)

Public parks and public recreation centers.

(3)

Private parks.

(4)

Public utility offices.

(5)

Public outdoor athletic facilities, such as sports fields.

(6)

Public gardening and similar cultivation of land, nursery and supplementary to the primary public use.

(7)

Public parking lots.

(8)

Cemeteries and crematories or mausoleums when incidental or supplemental to primary cemetery use.

(9)

Libraries.

(10)

Post offices.

(11)

Short-term events sponsored by public welfare institutions and social service organizations, including but not limited to 4-H, FFA or similar organizations.

(12)

Public and private schools, colleges, universities, vocational and trade schools.

(13)

Public and private golf courses.

(14)

Off-street parking, including for off-site events.

(15)

Churches, synagogues and other religious institutions.

(16)

Fire stations and fire training facilities.

(d)

Prohibited uses.

(1)

Enterprises of general commercial nature.

(2)

Private lodges and clubs.

(3)

Private gardening and cultivation of land.

(4)

Residential uses.

(5)

Private industrial uses unless otherwise provided for as a use by special review.

(6)

Aboveground storage of flammable and combustible liquids.

(7)

Commercial or private radio and television broadcasting stations.

(8)

Race tracks.

(e)

Uses by special review.

(1)

Public transportation terminals.

(2)

Ambulance services.

(3)

Sanitation and wastewater treatment facilities.

(4)

Water treatment facility.

(5)

Public confinement facilities, reformatories, correctional institutions and facilities, halfway houses and treatment facilities.

(6)

Public utilities and garages and shop facilities, including substations.

(7)

Public stadiums, arenas, auditoriums and rodeos, including animal shows and competitions, including concerts, dances, tournaments, exhibitions, plays, theatre, conventions and religious crusades.

(8)

Hospitals, nursing homes and assisted living facilities.

(9)

Public airports and heliports.

(10)

Public or governmental communication centers, radio or television broadcasting stations, and private land mobile radio services (i.e., public radio services, special emergency radio services, etc.).

(11)

Circuses, carnivals, bazaars, flea markets and fairs.

(12)

Sites for recreational vehicles.

(13)

Caretaker facilities, but only as an accessory to another permitted use.

(14)

Any other similar use determined to be appropriate by the Board of Trustees pursuant to Section 16-2-180.

(f)

Accessory uses.

(1)

Public restrooms.

(2)

Picnic shelters.

(3)

Band shells.

(4)

Service storage buildings where ancillary to the primary public use.

(5)

Garages for storage of vehicles in conjunction with the principal public use.

(Ord. 2009-05, § 2; Ord. 2012-04, 2012, § 30; Ord. 2017-11, 2017, § 1; Ord. 2018-14, 2018, §§ 9, 10)

(a)

Purpose.

(1)

Purpose. The fairgrounds zone district is designed to accommodate uses associated with fairs, shows, auctions, and other public and private events that are generally recognized as fairgrounds uses that are not otherwise permitted within any other zoning district. No land, building or structure shall be changed in use or type of occupancy, developed, erected, constructed, reconstructed, moved or structurally altered or operated in the FZ zone district until a site plan has been approved pursuant to Section 16-2-190 of this Article.

(2)

For the purposes of this Article, the word fairgrounds as it relates to a use, structure or facility means a use, structure or facility where a County, City or State Fair is held, as well as used as a meeting hall for social, fraternal, civic, public and similar organizations or as an event venue for spectator and nonspectator field events and activities.

(b)

Performance standards.

(1)

Buffering shall be required when abutting residentially zoned property. Buffering shall be provided so as to sufficiently separate the use and activities to be conducted on the FZ zoned lot and protect the residential character of the adjoining property. Such required buffering may include, by way of example and not limitation, six-foot high wooden fencing, landscaping, including berms, trees, shrubs and groundcover. Location, size and type of buffering shall be approved by the Board of Trustees. Buffering shall be in addition to minimal landscaped open space requirements.

(2)

When not in use during events, all materials or wastes which might cause fumes or dust, or which constitute a fire hazard or which may be edible by or otherwise be attractive to rodents or insects shall be stored outdoors in closed containers. During events, animal waste shall be addressed as soon as reasonably possible.

(3)

All events will be required to be completed, all music must cease at 12:00 a.m. and the lights must be off by 1:00 a.m. Provisions to extend these requirements are available through the use by special review process in Section 16-2-50 of this Article.

(c)

Uses by right.

(1)

Rodeo events, animal shows and competitions and horse racing.

(2)

Entertainment venues, expositions, trade show operations held on fairgrounds premises.

(3)

Banquet and meeting facilities and operations.

(4)

Agricultural, horticultural and equine education facilities and shows.

(5)

Holiday light shows and events.

(6)

Offices for related permitted uses or emergency personnel.

(7)

Accommodation of temporary overnight stays by participants and staff in permitted events.

(8)

Farmers markets, flea markets and auctions.

(9)

Special event sales such as, but not limited to, merchandise fairs, retail sales and warehouse sales, rotary and other clubs and organization fundraiser sales.

(10)

Automotive related events such as car shows and rallies.

(11)

Equestrian events.

(12)

Animal/stock shows and events, including but not limited to roping.

(13)

Special service events such as, but not limited to, veterinary clinics.

(14)

Private parties, receptions, weddings and other related events.

(15)

Concerts, dances, tournaments, athletic and recreational events, exhibitions, plays, theatre, conventions and religious events.

(16)

Community meetings, seminars and banquets.

(17)

4-H, FFA or similar organizational events, including but not limited to meetings, shows and training clinics.

(18)

Caretakers' facilities.

(19)

For temporary relocation of persons and property in case of any emergency or disaster.

(20)

Circus and carnival events.

(21)

Motor sports such as, but not limited to truck pulls, demolition derbies and tractor pulls.

(d)

Uses by special review.

(1)

Reserved.

(e)

Accessory uses.

(1)

Public restrooms.

(2)

Picnic shelters.

(3)

Band shells.

(4)

Service storage buildings.

(5)

Garages for storage of vehicles.

(f)

Parking. Parking shall be made available at a minimum of one (1) space per four (4) seats, or eight (8) feet of bench length provided in the principal structure.

(Ord. 2011-01, 2011, § 2; Ord. 2012-04, 2012, § 31; Ord. 2017-11, 2017, § 1)

Required minimum parking shall be as follows:

(1)

Offices and administration buildings. One (1) space per three hundred (300) square feet of gross floor area.

(2)

Utility, service and storage buildings. One (1) space per six hundred (600) square feet of gross floor area.

(3)

Auditoriums and meeting rooms. One (1) space per four (4) seats or eight (8) feet of bench length, or three (3) spaces per one hundred (100) square feet of gross floor area.

(4)

Stadium and arena. One (1) space per four (4) seats or eight (8) feet of bench length.

(5)

Welfare or correctional institution. One (1) space per five (5) beds for patients.

(6)

Nursing home, sanitarium, rest home, home for the aged. One (1) space per five (5) beds for patients or inmates.

(7)

Hospital. One (1) space per one and one-half (1½) beds.

(8)

Library. One (1) space per four hundred (400) square feet of floor area.

(9)

Preschool, nursery, kindergarten. Two (2) spaces per teacher.

(10)

Elementary, junior high or high school. One (1) space per classroom, plus one (1) space per administrative employee, plus one (1) space per four (4) seats or eight (8) feet of bench length in the auditorium, assembly room or stadium, whichever is greater.

(11)

College, school for adults. One (1) space per five (5) seats in classroom.

(12)

In the case of mixed uses, the total requirements shall be the sum of the requirements of the various uses (cumulative).

(Ord. 2017-11, 2017, § 1)

(a)

The schedule of requirements includes basic bulk, setback, density, intensity and open space requirements for each zone district. Additional requirements are listed for uses permitted by special review.

SCHEDULE OF REQUIREMENTS
Residential Districts¹

Note:

¹  All requirements subject to building code standards adopted by the Town for specific type of construction.

²  Dwelling space as measured by interior walls. Computation of dwelling space does not include basements or garages.

³  For the R-3 district, minimum dwelling space for an efficiency apartment, as defined in the building code adopted by the Town.

⁴  Subject to building code restrictions regarding type of construction.

⁵  On corner lots the front of the building shall comply with the setback requirement of the street upon which the front of the building faces.

⁶  For corner lots in residential districts, the side of the building shall be set back as per the requirements for the setback from the front of the building.

⁷  Off-street parking shall be provided for multi-family dwellings as 1.5/unit for one (1) bedroom units, 1.75/unit for two (2) bedroom units, 2/unit for three (3) bedroom units, and 3/unit for four (4) or more bedroom units and an additional 1 off-street guest parking space for each ten (10) resident parking spaces.

⁸  Garage shall not be considered off street parking.

⁹  Side yard requirements shall be modified so as to allow the construction of homes with a zero lot line (party wall or common wall) in the R-2 and the R-3 districts for patio homes and townhomes.

SCHEDULE OF REQUIREMENTS
Commercial Districts¹

Note:

¹  All requirements subject to building code standards for specific type of construction.

²  Residential minimum lot sizes in the CBD District shall conform to the requirements of the R-2 District.

³  On Main Street, between Woodward and Crawford Ave, principal buildings may be constructed with zero lot line on front and sides.

⁴  In the CH, PZ and FZ Districts, the minimum side yard shall be ten (10) feet for the first twenty-five (25) feet of building height. Buildings in excess of twenty-five (25) feet shall increase the side yard setback one (1) foot for each two (2) feet of building height over twenty-five (25) feet to a maximum of twenty-five (25) feet.

⁵  The required fifteen percent (15%) open space may be provided in the public right-of-way with credits given for pedestrian improvements, street furniture, etc., subject to the approval of the Planning Commission. No minimum landscaped or open space requirement for zero lot line construction where permitted.

SCHEDULE OF REQUIREMENTS
Industrial Zone Districts

Note:

¹  Variable side and rear yard setbacks may be permitted, that would allow a zero lot line development, provided that the following conditions are met: that a minimum of twenty (20) feet be maintained between buildings unless common wall construction is proposed, that the lot line shall not abut a public right-of-way or private access easement, that all zero lot line developments shall provide a maintenance easement of three (3) feet adjacent to the lot line with a zero setback, and that the variable setback shall be allowed only where all the lots involved are part of a platted subdivision with unified ownership of the lots adjacent to the property line with the reduced setback.

(Ord. 1-96, 1996, § 1; Ord. 4-98, 1998, § 1; Ord. 1-02, 2002; Ord. 4-02, 2002, § 1; Ord. 2009-05, § 3; Ord. 2009-11, § 1; Ord. 2011-01, 2011, §§ 3, 4; Ord. 2012-04, 2012, § 32; Ord. 2015-05, 2015, § 1; Ord. 2017-11, 2017, § 1; Ord. 2019-05, 2019, § 1)

In addition to the minimum and maximum lot coverages set forth in Section 16-2-170, improved surfaces shall cover not more than the lesser of (i) three hundred eighty (380) square feet or (ii) forty percent (40%) of the front yard of any lot zoned R-1, R-2, or R-3. For purposes of this Section, improved surface means a surface comprised of asphalt, recycled asphalt, concrete, brick, cement pavers, compacted or crushed stone or gravel, or similar materials installed and maintained according to industry standards. Nothing in this Section shall relieve new development from complying with standards applicable to driveways and parking areas set forth in the Town of Keenesburg Design Standards.

(Ord. 2020-07, 2020, § 4)

(a)

Purpose. The purpose of this Section is to establish the standards and criteria to be used by Town staff, the Planning Commission and the Board of Trustees to determine whether a use by special review is appropriate for a particular zoning district and whether such special review uses should be granted. Because of their unusual or special characteristics, special review uses require review and evaluation so that they may be located properly with respect to their effects on surrounding properties. The review process prescribed in this Section is intended to ensure that special review uses are established and operated in a manner that is compatible with existing and planned land uses in the neighborhood.

(b)

Standards and criteria. A special review use shall not be granted unless a proposed use meets the following criteria:

(1)

The requested special use conforms to the basic characteristics of the uses by right.

(2)

The special review use will be compatible with the existing uses to which surrounding lands are being put or could be put under the applicable zoning classification.

(3)

The special review use shall not be substantially dissimilar from the existing land uses.

(4)

The special review use will not cause an unreasonably severe demand on Town services such as police and fire protection, drainage control, water supply, sanitary sewer service or other utility or Town service.

(5)

The special review use will not adversely affect traffic flow and parking in the neighborhood.

(6)

The special review use does not create any form of offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences than the uses by right allowed in the existing zone or existing in the neighborhood.

(7)

The special review use shall not disturb the peace and quiet of the neighborhood.

(c)

Special conditions. The Board of Trustees may approve a special review use and, as part of such approval, may impose special conditions, if such conditions are necessary to satisfy the criteria set forth in this Section. A special review use may be granted for a limited period of time. The rights and privileges granted to any person or entity pursuant to this Section may not be transferred without the consent of the Board of Trustees. If any transfer is granted, the Board of Trustees may impose such additional terms and conditions as may be required to meet the criteria of this Section.

(d)

Use by special review process.

(1)

A preapplication meeting with Town staff is required prior to submittal of an application for a use by special review. The applicant shall submit a brief description and location of the proposed use to the Town Clerk prior to scheduling the preapplication meeting. The purpose of the meeting will be to discuss the Town's application requirements and process and other information relevant to the proposed application. A site visit may be scheduled if deemed necessary by Town staff.

(2)

Neighborhood meeting. The applicant is encouraged to meet with adjacent landowners and homeowners' associations, when applicable, concerning the application. If a neighborhood meeting is held, it shall be done after the preapplication meeting with Town staff.

(3)

Application. The applicant shall submit an original and sufficient number of copies of the application materials, as determined by Town staff, for distribution and review by the Town and referral agencies.

(4)

Referrals. When determined complete, the application will be sent to appropriate referral agencies, as determined by Town staff, and the referral agencies will be given twenty-one (21) days to respond to the application unless otherwise noted. Comments submitted by referral agencies are recommendations to the Board of Trustees. The authority for making the decision to approve or deny the request for a use by special review rests with the Board of Trustees.

(5)

Set a Planning Commission hearing date. At the Town staff's discretion, the Board of Trustees public hearing may also be set and be given legal notice and posting, concurrent with setting the Planning Commission hearing date.

(6)

Publication. The Town will publish notice of the public hearing dates, time and location at least fifteen (15) days prior to the hearing in the newspaper designated by the Board of Trustees.

(7)

Posting. At least fifteen (15) days prior to the public hearing, the applicant shall post the property with a notice of the hearing. The sign shall be posted adjacent to and visible from a publicly maintained road right-of-way. In the event the property under consideration is not adjacent to a public right-of-way, one (1) sign shall be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way.

(8)

Notice to surrounding property owners. At least fifteen (15) days prior to the public hearing, the applicant shall provide written notice of the public hearing to those persons owning property located within three hundred (300) feet of the parcel under consideration. Such notification shall be mailed first-class, postage prepaid by the applicant. Inadvertent errors by the applicant in sending such notice shall not create a jurisdictional defect in the hearing process, even if such an error results in the failure of a surrounding property owner to receive such notification.

(e)

Submittal requirements. The following shall be submitted as part of the application, except for those items specifically waived by Town staff, in writing, as being unnecessary to a decision on the application.

(1)

Completed land use application.

(2)

Application fees and fee deposits with signed fee agreement.

(3)

A detailed written description of the proposal, including acreage or square footage of the property, hours of operation, number of employees, number of patrons or customers, members, buyers or visitors, existing zone district and existing land uses adjacent to the property.

(4)

Proof of ownership acceptable to the Town Clerk or Town Attorney.

(5)

A list of property owners within three hundred (300) feet of the property.

(6)

Copies of any applicable state or federal permits for the proposed use.

(7)

Written certification that notice as required by Section 24-65.5-103, C.R.S., has been provided. Such certification may be submitted on the date of the initial public hearing referred to in Section 24-65.5-103(1), C.R.S.

(8)

Copy of any surface use agreement with mineral interest owners of the property.

(9)

Traffic study. Requirements to be determined in the preapplication meeting or at request of CDOT.

(10)

Drainage study. Requirements to be determined in the preapplication meeting.

(11)

Soils report. Requirements to be determined at the preapplication meeting.

(12)

Noise report. Requirements to be determined at the preapplication meeting.

(13)

Use by special review and landscape plan maps. Plans shall show existing and proposed buildings, parking, landscape elements, lighting, drainage elements, utilities, public rights-of-way and any other information deemed necessary by Town staff. Use by special review plans and associated landscape plans shall comply with applicable provisions of the Town of Keenesburg Design Standards. Plans shall include a vicinity map at an appropriate scale to show surrounding area. The use by special review plan map shall be considered a site plan and shall fulfill the requirement for a site plan submittal as required by Section 16-2-190 unless during the required pre-application meeting it is determined that a separate site plan submittal is required for uses by right associated with the special review permit.

(14)

Such additional information that may be reasonably required by Town staff.

(f)

Recording. After any conditions of approval have been met, the Town Clerk shall record the approved use by special review map with the County Clerk and Recorder.

(g)

Changes to use by special review. No changes may be made in an approved use by special review unless an amendment is approved by the Town. An amendment shall follow the same procedures as set forth herein for approval, except that the Town Planner may authorize minor changes that are generally consistent with the purpose and content of the use by special review application as heard by the Planning Commission and Board of Trustees. The Town Planner shall advise the Planning Commission and Board of Trustees by written memorandum of any administratively approved amendment or modification to a use by special review.

(h)

Operation and monitoring. The Town may establish and carry out procedures as are reasonably necessary to ensure compliance with the conditions of approval of use by special review permits.

(i)

Revocation. Upon receipt of evidence that conditions of a use by special review have not been met or operation of the property is not consistent with the approved uses, after providing the property owner with notice and following public hearings held before the Planning Commission and Board of Trustees, the use by special review may revoked, suspended or modified.

(Ord. 5-00, 2000, § 3; Ord. 2007-06, 2007, § 2; Ord. 2012-04, 2012, §§ 33, 34; Ord. 2017-11, 2017, § 1; Ord. 2020-07, 2020, § 5)

(a)

Purpose. The intent of the site plan review procedure is to promote efficient and orderly development of property in the Town. Site plan reviews require additional consideration to ensure that the permitted uses are compatible with existing and planned uses of the neighborhood.

(b)

A site plan is required for uses in the following zone districts: Multifamily Residential District (R-3), Commercial Business District (CBD), Highway Commercial District (CH), Light Industrial District (LI), Heavy Industrial District (HI) and Public Zone District (PZ).

(c)

No land, building or structure shall be changed in use or type of occupancy, developed, erected, constructed, reconstructed, moved or structurally altered or operated in any zone district that requires a site plan until a site plan has been approved.

(d)

Building permits shall not be issued in a zone district that requires a site plan until the required site plan has been approved, any conditions of approval met, and the site plan recorded by the Town Clerk.

(e)

No site plan shall be required for:

(1)

Normal repairs and maintenance of an existing building.

(2)

Similar occupancy, unless it is determined that additional review is required by Town staff.

(3)

Alterations which do not affect more than twenty-five percent (25%) of the square footage of an existing building or structure.

(4)

Interior remodeling.

(f)

Site plan review process.

(1)

A preapplication meeting with Town staff is required prior to submittal of an application for site plan review. The applicant shall submit a brief description and location of the proposed use to the Town Clerk prior to establishing the preapplication meeting. The purpose of the meeting will be to discuss the Town's application requirements and process and other information relevant to the proposed application. A site visit may be scheduled if deemed necessary by Town staff.

(2)

Neighborhood meeting. The applicant is encouraged to meet with adjacent landowners and homeowners' associations, when applicable, concerning the application. If a neighborhood meeting is held, it shall be after the preapplication meeting with Town staff.

(3)

Application. The applicant shall submit an original and sufficient number of copies of the application materials, as determined by Town staff, for distribution and review by the Town and referral agencies.

(4)

Referrals. When determined complete, the application will be sent to appropriate referral agencies, as determined by Town staff, and the referral agencies will be given a reasonable time to respond to the application. Comments submitted by referral agencies are recommendations to Town staff.

(g)

Submittal requirements. The following shall be submitted as part of the application, except for those items specifically waived by Town staff, in writing, as being unnecessary to a decision on the application.

(1)

Completed land use application.

(2)

Application fees and fee deposits with signed fee agreement.

(3)

A detailed written description of the proposal, acreage or square footage of the property, hours of operation, number of employees, number of patrons, members, buyers or visitors, existing zone district and existing land uses adjacent to the property.

(4)

Proof of ownership acceptable to the Town Clerk or Town Attorney.

(5)

Copies of any applicable state or federal permits for the proposed use.

(6)

Written certification that notice as required by Section 24-65.5-103, C.R.S., has been provided. Such certification may be submitted on the date of the initial public hearing referred to in Section 24-65.5-103(1), C.R.S.

(7)

Copy of any surface use agreement with mineral interest owners of the property.

(8)

Traffic study. Requirements to be determined in the preapplication meeting or at the request of CDOT. All required traffic studies are to be prepared by a certified engineer, and approved by the Town Engineer. Developers may be required to modify site plans to mitigate traffic impacts associated with the development as determined by the traffic study.

(9)

Drainage study. Requirements to be determined in the preapplication meeting.

(10)

Soils report. Requirements to be determined at the preapplication meeting.

(11)

Noise report. Requirements to be determined at the preapplication meeting.

(12)

Site plan and landscape plan maps. Plans shall show existing and proposed buildings, parking, landscape elements, lighting, drainage elements, utilities, public rights-of-way and any other information deemed necessary by Town staff. Site plans and landscape plans shall comply with applicable provisions of the Town of Keenesburg Design Standards. The site plan shall include a vicinity map at an appropriate scale to show surrounding area.

(13)

Such additional information that may be reasonably required by Town staff.

(h)

Design requirements. The following design requirements shall be considered in the evaluation of a site plan:

(1)

Conformance with all applicable provisions of the underlying zone district.

(2)

Conformance with all applicable provisions of all related development plans, such as approved subdivision plats or PUD plans, or both.

(3)

Conformance with all applicable parking and open space requirements, and any adopted architectural design standards, including, but not limited to, the Town of Keenesburg Design Standards.

(4)

Compliance with utility requirements set forth in Chapter 17, Article VI of this Code.

(5)

Compatibility with surrounding existing and proposed land uses.

(6)

Conformance with state, federal and local environmental standards, including but not limited to air quality, water quality, glare and heat, noise, vibration, odors, hazardous materials, storage and disposal of waste, electromagnetic interference and radiation.

(7)

Adequate facilities will be provided for pedestrians, bicyclists and motorists.

(8)

Adequate public improvements, both on- and off-site, will be provided in a timely fashion.

(9)

Any common areas serving the site are identified and adequate provisions are made for ownership and maintenance of such areas.

(i)

If the Town Planner finds that all applicable design requirements set forth in Subsection (h) above are met by the proposed site plan, the site plan shall be approved. If one (1) or more design requirements are not met, the site plan shall be referred to the Planning Commission and Board of Trustees for public hearing in accordance with Section 16-1-80 of this Chapter.

(j)

Recording. After any conditions of approval have been met, the Town Clerk shall record the site plan with the County Clerk and Recorder.

(k)

Changes to a site plan. Any major change to an approved site plan shall require an amendment, which shall be reviewed and considered for approval using the same procedure as a new application. Town staff shall determine whether a major change exists, in accordance with the criteria set forth in Subsection (e) of this Section.

(l)

Operation and monitoring. The Town may establish and carry out procedures as are reasonably necessary to ensure compliance with the conditions of approval of a site plan.

(m)

Revocation. Upon receipt of evidence that conditions of a site plan have not been met or operation of the property is not consistent with the approved uses, after providing the property owner with notice and following public hearings held before the Planning Commission and Board of Trustees, the site plan approval may be revoked, suspended or modified.

(Ord. 2012-04, 2012, § 35; Ord. 2017-11, 2017, § 1; Ord. 2020-07, 2020, §§ 6—8)