Lamar City Zoning Code

The F-P Floodplain Overlay District is intended for application in those areas of the community which are subject to inundation from surplus stormwater as defined by the flood insurance study and accompanying floodway map, and any subsequent additions or amendments thereto, prepared for the city by the Federal Insurance Administration. This zone is intended for application throughout the zoning jurisdiction in locations where official floodplain delineation has been established. The regulations are intended to minimize the extent of floods and reduce the height and violence thereof, to minimize the hazard of loss of lives and property caused by floods, and to secure safety from floods through the confinement of floods within reasonable limits by regulating and restricting areas of development along or in natural watercourses and drainageways.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

In the F-P Overlay District no building or land shall be used and no building or structure shall be erected, altered or enlarged which is arranged or designed for other than one of the permitted uses in the parent district to which this district is made a part, provided that such uses and structures meet the minimum requirements of the zone district.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

(a)

Notwithstanding the requirements of the parent district, the other requirements of this chapter and the detailed regulations present in chapter 12 concerning minimizing flood damage, the following regulations shall supplement the regulations of the parent district of which this district is made a part. These regulations shall supersede those of the parent district where there is a conflict among regulations. Where, by reason of flooding potential, and where the special flood studies and map indicate the possibility of detrimental or limiting conditions for development, no person shall initiate any development or substantial improvement, or cause the same to be done, without first obtaining a separate permit for development for each such building or structure in accordance with the detailed requirements of chapter 12. The application for a development permit shall be prepared in writing upon forms furnished for that purpose and shall be filed in the office of the city clerk. The application shall be accompanied by explanatory background information defined in chapter 12, which shall include as a minimum:

(1)

Identification and description of the work to be covered by the permit;

(2)

Description of the land on which the proposed work is to be done by lot, block, tract and house and street address, or similar description that will readily identify and definitely locate the proposed building or work;

(3)

Indication of the use of occupancy for which the proposed work is intended;

(4)

Provision of plans and specifications for proposed construction;

(5)

Signature of the permittee or his or her authorized agent who may be required to submit evidence to indicate such authority; and

(6)

Provision of other information as reasonably may be required by the building official.

(b)

In areas within the municipal zoning jurisdiction which are designated as F-P Floodplain Overlay, all developed uses of land and buildings shall meet the minimum standards and requirements for development within flood hazard areas as outlined in this chapter.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

The lot coverage and intensity of use of the parent district of which this district is made a part shall be the maximum allowable.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

The height requirements of the parent district of which this district is made a part shall be the maximum height requirements subject to additional requirements as prescribed by this chapter.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

The yard requirements of the parent district of which this district is made a part shall be the minimum yard requirements subject to additional requirements as prescribed by this chapter.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

The sign regulations of the parent district of which this district is made a part shall be the minimum requirements for sign regulations.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

The parking regulations of the parent district of which this district is made a part shall be the minimum requirements for parking subject to additional requirements as prescribed by this chapter.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

For aesthetic purposes, transportation units used as storage facilities or other structures are prohibited in this district.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

(a)

The provisions of this article are intended for application in instances where tracts of land of considerable size are developed, redeveloped or renewed as integrated and harmonious units, and where the overall design of such units warrants modification of the standards contained elsewhere in this article. To be eligible under this article, the planned unit development must:

(1)

Reflect compatibility with the comprehensive plan;

(2)

Be composed of such uses and in such proportions as are appropriate to the integrated function of the development within the context of established community growth patterns;

(3)

Be so designed in its space allocation, orientation, texture, materials, landscaping and other features, as to produce an environment of stable and desirable character, complementing the design and values of adjacent areas of the community;

(4)

Provide affordable housing for the community and its workforce.

(b)

The PUD District Overlay is intended to be appended to a residential, commercial or industrial district, to provide for the most advantageous techniques of land development consistent with the intent and purpose of this article, the subdivision regulations and the comprehensive plan.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

(a)

Uses and structures permitted under the provisions of the regulations of the parent district of which this district is made a part shall be permitted.

(b)

Conditional uses:

(1)

Conditional uses allowed pursuant to 30-34 in the parent district to which this district is made a part may be permitted.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

Any use or structure prohibited in the parent district to which this district is made a part is prohibited in this district.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

The minimum area of a tract of land to be zoned as an appended PUD district within a parent district shall be as follows:

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

(a)

When a property owner or developer intends to develop a tract of land containing at least the minimum area for that parent district and involving more than one commercial or industrial establishment, or in the case of a residential area, more than one dwelling unit, application may be made for zoning the property to a PUD District.

(b)

The zoning change, if approved, shall be an amendment to the zoning map as an appendage to the existing parent district. The zoning change may also incorporate a request to rezone the existing parent district to another parent district within the PUD Overlay District.

(c)

An applicant for a change in zoning to a PUD Overlay District must satisfy the planning and zoning commission that he or she has the ability to carry out the proposed plan, and shall prepare and submit a schedule for construction.

(d)

Such applicant also shall prepare and submit a preliminary development plan for review and approval by the planning and zoning commission, which shall include:

(1)

A topographic map showing contours at intervals of two feet;

(2)

A plot plan showing:

a.

Building and sign structure locations on the tract;

b.

Access for streets;

c.

Parking arrangement and number of spaces;

d.

Interior drives and service areas; and

e.

Area set aside for public open space.

(3)

Location map showing the development and zoning of the adjacent property within 200 feet, including the location and the type of buildings and structures thereon;

(4)

The full legal description of the boundaries of the properties to be included in the area to be zoned a PUD Overlay District;

(5)

A map showing the general arrangement of streets within an area of 1,000 feet from the boundaries of the area to be zoned a PUD Overlay District;

(6)

A map showing the location of proposed sewer, water and other utility lines; and

(7)

A description of general character of proposed buildings and any signs to be placed on the site.

(8)

Applications wishing to subdivide land within the PUD Overlay District must submit applications and plats for subdivision simultaneously for the planning and zoning commission and city council review in compliance with chapter 22.

(e)

The applicant may further be asked to furnish other information, such as typical building floor plans, building elevations to show the general architectural character of the buildings, some indications as to size and type of landscape plant materials, pavements and other major site improvements.

(f)

The applicant may be asked to submit the tentative financial plan and description of the intended means of financing any proposed common areas or common improvements, and statements covering ownership and maintenance of common easements or other common areas, such as open space or recreational facilities.

(g)

Upon approval of the preliminary development plan by the planning and zoning commission, the applicant shall prepare and submit a final development plan, which shall incorporate any changes or alterations requested. Alterations in the preliminary schedule of construction shall be submitted at this time. The final development plan and the planning and zoning commission's recommendation shall be forwarded to the city council for its review and final action.

(h)

In the event that, within 18 months following approval by the city council, the applicant does not proceed with construction in accordance with the plan so approved, the planning and zoning commission shall initiate action to rezone the property to the original zoning district. A public hearing, as required by law, shall be advertised and held, at which time, the applicant shall be given an opportunity to show why construction has been delayed. Following the hearing, the planning and zoning commission shall make findings of fact and shall make a recommendation to the city council.

(i)

All plans and documents shall become a part of the amendment and shall form the basis for issuance of a zoning permit, in conformity therewith.

(j)

Changes in the development plan, which increase the number of dwelling units or establishments, the arrangement of buildings, the number of parking stalls, the size or number of other improvements or the alignment of driveways or roadways shall require a resubmission for approval of the application for rezoning. Any minor changes, adjustments or decrease in the number of dwelling units, common facilities and recreation facilities may be approved by the zoning administrator without resubmission.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

(a)

The lot requirements of the parent district of which this district is made a part, shall be the minimum lot requirements, unless otherwise prescribed and/or approved by the planning and zoning commission.

(b)

In the event that the tract of land to be developed as a PUD Overlay District lies in more than one parent district, the provisions of the more restrictive parent district shall be applicable.

(c)

In an appended residential district, the number of dwelling units that may be permissible on the proposed tract to be developed as a PUD District shall be determined by using the lot area per dwelling unit requirements of the parent zoning district, unless otherwise approved by the planning and zoning commission; provided, however, that the total lot area of the proposed tract shall be reduced by the areas covered or occupied by buildings, streets, roadways, drives, parking areas and unusable land areas, such as streams, drainageways, creeks or land with grade slopes exceeding a 25-percent grade.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

The dimensional standards and supplemental regulations requirements of the parent district of which this district is made a part shall be the minimum requirements unless otherwise prescribed and/or approved by the planning and zoning commission.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

The purpose of the C-X Adult Entertainment Overlay District is to identify and prescribe specific requirements and conditions for the location of certain defined adult businesses and identify areas within the city where such activities can occur. The district is designed as an overlay district in certain zoning districts based on the regional character of the activities. Adult business uses do not occur on a frequent basis and require separate and specifically designed regulations for their development. Such adult businesses are recognized as having serious objectionable operational characteristics, particularly if several of such uses are concentrated, thereby having a harmful effect upon adjacent areas. The location of such uses has an additional harmful effect upon adjacent areas and could contribute to the blighting and downgrading of the surrounding neighborhood. The special regulation of adult businesses is necessary to ensure that the adverse effect of such uses will not contribute to the blighting or downgrading of surrounding neighborhoods, whether residential or nonresidential, by location or concentration, and to ensure the stability of such neighborhoods.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Adult business.

(1)

The term "adult business" means any business enterprise:

a.

That has as a regular and substantial business purpose the sale, display or rental of goods that are designed for use in connection with specified sexual activities or that emphasize matters depicting, describing or related to specified sexual activities or specified anatomical areas; or

b.

That has one of the following as a regular and substantial business purpose:

1.

The providing of entertainment where the emphasis is on performances, live or otherwise, that depict, portray, exhibit or display specified anatomical areas or specified sexual activities; or

2.

The providing of services that provide specified sexual activities or specified anatomical areas ancillary to other pursuits or allow participation in specified sexual activities ancillary to other pursuits.

(2)

The term "adult business" also includes, but is not limited to, any and all of the following, as defined herein:

a.

Businesses that offer the following described goods for sale or rent:

1.

Adult bookstore means an establishment which as a regular and substantial business purpose, offers for sale or rent books, magazines, periodicals or other printed matter, photographs, slides, films or videotapes, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

2.

Adult news rack means any coin- or card-operated device that offers for sale, by dispensing, printed material, which is distinguished or characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

3.

Adult newsstand means any freestanding structure, vehicle or booth which as a regular and substantial business purpose offers for sale books, magazines, periodicals or other printed matter which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

4.

Adult retail establishments means an establishment which, as a regular and substantial business purpose, offers for sale or rent any one or more of the following: instruments, devices, gifts, sexual aids, sexual novelties or paraphernalia which depict or are designed for use in connection with specified sexual activities or graphically depict specified anatomical areas or any of the materials sold or rented in an adult bookstore as defined herein.

b.

Businesses that provide the following entertainment:

1.

Adult encounter parlor means an establishment where a regular and substantial portion of its business is the provision of premises where customers congregate, associate or consort with employees and/or performers or private contractors who display specified anatomical areas in the presence of such customers with the intent of providing sexual gratification or stimulation to such customers.

2.

Adult entertainment business means any enterprise to which the public, patrons or members are invited or admitted, and where providing adult entertainment, as defined herein, is a regular and substantial portion of its business.

3.

Adult entertainment cabaret means an establishment where a regular and substantial portion of its business is providing adult entertainment which features strippers, male or female impersonators, go-go dancers or live performances, or material which is primarily characterized by an emphasis on specified sexual activities or specified anatomical areas.

4.

Adult entertainment studio (includes the terms "rap studio," "exotic dance studio," "sensitivity studio" or "encounter studio") means an establishment whose premises are physically arranged as to provide booths, cubicles, rooms, compartments or stalls separate from the common areas of the premises, and where a regular and substantial portion of its business is providing entertainment which features materials or live performances characterized by an emphasis on or features materials relating to specified sexual activities or specified anatomical areas.

5.

Adult motion picture theater means an establishment containing a room with seats facing a screen or projection area, where a regular and substantial portion of its business is the exhibition to customers or members of films, videotapes or motion pictures which are intended to provide sexual stimulation or sexual gratification to the customers and which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

6.

Adult theater means an establishment located in an enclosed building where a regular and substantial portion of its business is providing the live performance of activities relating to specified sexual activities or exhibition of specified anatomical areas of live performers, for observation by customer, members or patrons.

7.

Body painting studio means an establishment where a regular and substantial portion of its business is the maintaining, operating or offering for compensation the applying of paint or other substance to or on the human body by any means of application, technique or process when the subject's body is displaying for the customers' view specified anatomical areas.

c.

Businesses that provide the following described services:

1.

Adult motel means an enterprise where a regular and substantial portion of its business is offering public accommodations for consideration for the purpose of viewing closed circuit television transmissions, films, motion pictures, video cassettes, DVDs, slides or other photographic reproductions which are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas and rents room accommodations for less than 24 hours at a time.

2.

Bath house means an enterprise where a regular and substantial portion of its business is offering baths with other persons present who are nude or displaying specified anatomical areas.

Adult entertainment means any live activity, exhibition, performance, display, dance or touching of another with any part of the body or any apparatus or appliance, including, but not limited to, talking, singing, reading, listening, posing, serving food or beverages, soliciting for the sale of food, beverages or entertainment, pantomiming, modeling for purposes of photography, painting, sketching, drawing, sculpting or otherwise, removal of clothing or any service offered for amusement on premises where such activity, exhibition, performance, display, dance or touching of another with any part of the body or any apparatus or appliance is intended to seek to arouse or excite the sexual desires of the employee, other employees or patrons or, if the activity, exhibition, performance, display, dance or touching of another with any part of the body or any apparatus or appliance involves a person who is nude or in such attire, costume or clothing as to expose to view any portion of the human genitals, pubic region, vulva, pubic hair, buttocks, female breast below a point immediately above the top of the areola or nipple or the human male genitals in a discernibly erect state, even if completely or opaquely covered.

Adult entertainment business means any premises to which the public, patrons or members are invited or admitted and wherein an entertainer provides adult entertainment to a member of the public, a patron or a member.

Contagious and communicable diseases mean those diseases which are set out in the Colorado Code of Regulations.

Day care facility means an establishment or business which provides supervision of facilities for preschool children or provides before-school, after-school or summer care for school-age children.

Employee, as used in this article, means any and all persons, including managers, entertainers, servers, independent contractors and personnel of any description, who work in or at or render any service directly related to the operation of an adult entertainment business.

Entertainer means any person who provides adult entertainment within the adult entertainment premises, as defined in this section, whether or not a fee is charged or accepted for entertainment.

Manager means any person who manages, directs, administers or is in charge of the affairs and/or conduct of any portion of any activity involving adult entertainment occurring at any adult entertainment premises.

Museum means any government or nonprofit institution devoted to the procurement, care and display of objects of lasting interest or value which is open to the general public.

Operator means any person operating, conducting or maintaining an adult entertainment business or adult entertainment premises.

Overlay district means a zoning district which is established for the distinct purpose of defining the area in which a type of business or activity can occur or be located and which is a zoning designation implementing zoning regulations and requirements in addition to those applicable to the zoning designation previously assigned to the area defined by the overlay district.

Park means any city, county, state or federal public park.

Public place means any area generally visible to public view, including streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots and automobiles whether moving or not.

Premises means any place of business of an adult business which shall include the entire lot and building occupied by the adult business and any other property owned, leased or controlled by the adult business, including any parking areas adjacent to the business which are regularly utilized by employees, entertainers, servers, managers or customers of such business.

Regular and substantial portion of its business means 20 percent or more of the gross floor space is devoted to that purpose; 20 percent or more of the retail floor space is devoted to that purpose; 20 percent or more of the gross sales of the business are derived from that purpose; or 20 percent or more of the stock in trade is devoted to that purpose.

Residential building means a building which is primarily designed and devoted for human habitation, excluding motels and hotels.

Residential district means, for the purposes of this article, areas zoned for residential use and defined as districts inclusive of O-E Open Estates District, R-1 Residence District, R-2 Residence District, R-3 Residence District, M-H Mobile Home District and PUD Planned Unit Development District.

Server means any person who serves food or drink at an adult entertainment business or adult business.

Specified anatomical areas means:

(1)

Uncovered or exposed human genitals, pubic region or pubic hair, buttock, female breasts below a point immediately above the top of the areola encircling the nipple, or any combination of the foregoing; or

(2)

Human male genitals in a discernibly erect state, even if completely or opaquely covered.

Specified sexual activities means sexual conduct, being actual or simulated; acts of human masturbation; sexual intercourse; or physical contact, in an act of apparent sexual stimulation or gratification, with a person's clothed or unclothed genitals, pubic area, buttocks or the breast of a female; or any sadomasochistic abuse or acts including animals or any latent object in an act of apparent sexual stimulation or gratification.

(Code 2000, § 16-24-20; Ord. No. 1045, 2002)

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

A C-X Adult Entertainment Overlay District shall be established as follows:

(1)

The C-X Adult Entertainment Overlay District shall be established only by amendment of the zoning maps in accordance with section 30-14 and C.R.S. § 31-23-301 et seq., provided that the planning and zoning commission of the city shall recommend and the city Council shall find that the proposed C-X Adult Entertainment Overlay District meets all of the requirements without exception described in this article, and further, that the proposed use to be constructed or operated will neither negatively impact nor materially injure property within 500 feet of the proposed district boundaries.

(2)

No C-X Adult Entertainment Overlay District shall be established without the submission and approval of a site development plan. Failure to comply with the plan so approved and established as part of the C-X Adult Entertainment Overlay District shall be deemed to be a violation of this article.

(3)

The C-X Adult Entertainment Overlay District shall be established as an overlay district only in districts designated as C-1 Commercial District, C-2 Commercial District or I-1 Industrial District.

(4)

The C-X Adult Entertainment Overlay District shall be established only if the boundaries of the district are a minimum of 1,000 feet from any church or place of worship, day care facility, park, educational institution, library, museum, community center, residential district, children's amusement park or residential building.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

Any adult business shall meet the following location and site requirements:

(1)

Not more than two of such uses, excluding any uses having a certificate of legal nonconformance, shall be located within 300 feet of each other as measured in a straight line from the lot line of the affected properties.

(2)

All access shall be provided from a public street or roadway.

(3)

The property on which such use is located shall have a minimum of 50 feet of street frontage.

(4)

The property on which the use is located shall be screened by a solid masonry wall at least six feet in height along the side and rear property lines, provided that the parking lot devoted to said use may be screened by decorative fencing such as wrought iron or brick and need not be screened by a solid masonry wall.

(5)

The facility on which the use is located and the parking for such facility shall have a front yard setback of 20 feet, a side yard setback of ten feet and a rear yard setback of ten feet, provided that, where the use is proposed in an existing building and parking lot, the setback requirements need not be met.

(6)

The parking and loading requirements of the city shall be met, provided that the city council may approve a development plan where the parking provided is consistent with solid planning principles in consideration of anticipated use, mass transit accessibility and off-site parking availability. The parking provided on the development plan shall remain available and shall be the basis of a violation if not provided.

(7)

If the parking and maneuvering space of any parking lot exceeds 7,500 square feet, at least five percent of the lot area shall be maintained as landscaped area, provided that a credit toward the overall required landscaped area may be provided if the landscaping provides for trees either at least 15 feet in height or at least three inches in diameter for each 2,000 square feet of required landscaped parking area. Additionally, 15 percent of the entire lot area, including parking area, shall be maintained as an open landscaped area with a 20-foot landscape buffer along all street frontage, provided that the city council may approve the development plan where an appropriate alternative is proposed for an existing building and parking lot, such as decorative wrought iron or brick fencing.

(8)

The facility in which the use is located shall be designed in such a fashion that all openings, entries and windows prevent view into such facilities from any pedestrian sidewalk, walkway, street or other public area, provided that the development plan may provide for openings into such facility where needed for security reasons and provided that no merchandise or pictures can be viewed from the sidewalk in front of the building.

(9)

The facility in which such use is located shall be limited to one wall-mounted sign no greater than one square foot of sign area per linear foot of wall length, not to exceed a total of 50 square feet, provided that the city council may approve the location of up to three signs, which collectively shall not exceed a total of 50 square feet in area. The sign shall not flash, blink or move by mechanical means and shall not extend above the roofline of the building. Further, no merchandise or pictures of products or entertainment on the premises shall be displayed in window areas or any area where such merchandise or pictures can be viewed from the sidewalk in front of the building. No flashing lights or lighting which leaves the impression of motion or movement shall be permitted.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

The site plan accompanying the application for approval of a C-X Adult Entertainment Overlay District shall include the following information:

(1)

The site plan shall be drawn at a scale of one-inch equals 100 feet or larger.

(2)

The site plan shall delineate the property lines of the proposed project.

(3)

The site plan shall delineate existing rights-of-way and easements.

(4)

The site plan shall delineate the general location and width of all proposed streets and public rights-of-way, such as alleys, pedestrian ways and easements.

(5)

The site plan shall delineate the solid six foot masonry screening.

(6)

The site plan shall delineate the proposed building layout with the front, side and rear building setbacks as required in section in the Zone I-2.

(7)

The site plan shall characterize the proposed usage of the building and description of the proposed use by type, character and intensity.

(8)

The site plan shall delineate the location and number of parking spaces and the proposed parking and loading ratio and its location requirements in accordance with section 30-72.

(9)

The site plan shall delineate all points of access and egress.

(10)

The site plan shall present, in tabular form, the proposed net density of the use, providing the number of seats, employees or other applicable units of measure.

(11)

The site plan shall delineate the gross floor area of the building or structure.

(12)

The site plan shall detail the proposed stages of construction for all land in development and improvements with the proposed district.

(13)

The site plan shall describe the landscaping to be provided.

(14)

The site plan shall delineate the proposed exterior lighting.

(15)

The site plan shall delineate the proposed architectural details of the facility.

(16)

The site plan shall indicate the signage in accordance with section 30-73(9).

(17)

The site plan shall set forth any other information necessary for determination of the suitability of the proposed use for the site.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

No adult business shall be permitted except within a C-X Adult Entertainment Overlay District, subject to the provisions of this article.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)