(a)

Those uses identified as uses permitted by special review may be permitted in the designated districts upon approval by the Town Council, following public notice and hearing as described in this Article and subject to such conditions and safeguards as may be imposed by the Town Council, which include but are not limited to the requirements that the proposed use:

(1)

Will be in harmony and compatible with the character of the surrounding areas and neighborhood;

(2)

Will be consistent with the Town Master Plan;

(3)

Will not result in an over-intensive use of land;

(4)

Will not require a level of community facilities and services greater than that which is available;

(5)

Will not result in undue traffic congestion or traffic hazards;

(6)

Will not cause significant air, water or noise pollution or spillover of light and glare from exterior lighting;

(7)

Will be adequately landscaped, buffered, and screened; and

(8)

Will not otherwise be detrimental to the health, safety or welfare of the present or future inhabitants of the Town.

(b)

Uses by special review shall be permitted for a duration of time specified by the Town Council or until the land use changes or is terminated, whichever occurs first. Each such use approved by the Town Council is subject to review as often as the Town Council deems appropriate and reasonable. In addition, the Town Council may, for proper cause, revoke a special use.

(Ord. No. 3.43, Art. II, § 12.1, 6-3-1987; Ord. No. 3.81, § 3, 3-21-2002; Ord. No. 3.118, § 1, 7-21-2016)

(a)

The provisions and uses outlined in this Division shall not apply to the PD - Planned Development District. Provision for these uses shall be contained in an approved development guide as described in this Chapter.

(b)

If the yard requirements for the zone district in which the proposal is located are greater than the yard requirements stated in this Division, the greatest distance shall govern.

(c)

Outdoor storage areas shall be concealed by a solid wall at least six feet in height unless otherwise provided for by this Division.

(Ord. No. 3.43, Art. II, § 12.2, 6-3-1987; Ord. No. 3.118, § 1, 7-21-2016)

(a)

The applicant should meet with the Town Planner informally to discuss the request to be submitted and determine the requirements for such application, dependent upon the size and nature of the proposal.

(b)

Once the applicant determines to proceed, the applicant shall submit to the Town Planner the following information:

(1)

A completed application.

(2)

A narrative and site plan prepared in accordance with the requirements of this Division.

a.

Narrative exhibit:

1.

General project concepts.

2.

Zoning of property.

3.

Proof of ownership, deed, current title policy or endorsement dated not more than 15 days prior to the date the application is submitted, and a notarized affidavit from the owner authorizing the representative to act on behalf of the owner.

4.

Define overall impacts of the proposed development on the adjoining properties.

5.

Compliance with the Town Master Plan.

6.

Source of water.

7.

Wastewater treatment.

8.

Type or method of fire protection.

9.

Impacts on existing flora and fauna.

10.

Impacts on Town services.

11.

Legal description.

12.

Name and address of the owner, the developer if different than the owner and the person preparing the site plan.

b.

Site plan exhibit:

1.

Plans are to be prepared at a scale of 1" = 50', 1" = 100' or another scale approved by the Town Planner which allows for maximum clarity of the proposal.

2.

The name of the proposed development and submittal phase centered at the top of the sheet.

3.

A North arrow and scale which clearly defines the development.

4.

Sheet size of 24" x 36" with the long dimension horizontal.

5.

The title block located in the lower right-hand corner of the sheet with the date of preparation.

6.

Vicinity map showing the relationship of the site to the surrounding area within a two-mile radius, prepared at a scale of 1:24,000 (1" = 2,000').

7.

Dimension of all existing and proposed structures, size and square footage of the site. Note the total building coverage by percent and square footage. Include setback dimensions from property lines. Structures to be removed should be indicated as such.

8.

Location and dimension of required off-street parking and loading areas. Note the total number of parking spaces provided.

9.

Delineate public and private roadways, rights-of-way, street names and points of access on or adjacent to the proposed site. Dimension and note surface materials.

10.

Indicate adjoining land uses and zoning.

11.

Major drainage ways affecting the site and designation of any 100-year floodplain on or adjacent to site.

c.

The appropriate fee.

(c)

The Town Planner and Town Staff shall review the proposal and determine the completeness of the application. During this time period, the applicant shall be contacted and an informal meeting established to discuss the application, the appropriate referral agencies to be contacted and the scheduling of the request before the Planning Commission and Town Council.

(d)

At least 15 days prior to a public hearing before the Planning Commission and Town Council, notices of hearings shall be published in at least one issue of a newspaper of general circulation in the Town. Publication of said notices shall be the responsibility of the applicant and shall read as follows:

NOTICE OF PUBLIC HEARING BEFORE THE
(LARKSPUR PLANNING COMMISSION OR TOWN COUNCIL)

Notice is hereby given that on (day of week), (month and date), 20___ at _____ a.m./p.m., or as soon as possible thereafter, in the Meeting Room of the Larkspur Town Council at 8720 Spruce Mountain Road, Larkspur, Colorado, or at such other time and place as this hearing may be adjourned, a public hearing will be held upon the application on file with the Town of Larkspur, 8720 Spruce Mountain Road, Larkspur, Colorado 80118, 303-681-2324 by (name of applicant), for a use by special review pursuant to Chapter 16 of the Larkspur Municipal Code. The affected property is located approximately (distance and direction from nearest major intersection)."

Reason: ___________

Project Name and # (legal description of property)___________

Date of Application: ________

Published in (name of Newspaper) on (date of publication).

(e)

The applicant shall mail a written notice of said hearing by certified mail, return receipt requested, at least 15 days prior to the hearing date before the Planning Commission, to the owners of property adjoining and within 500 feet of the property for which the request for use by special review has been requested. The names and addresses for those properties affected shall be obtained from the current records of the County Assessor's office. An alphabetical list of the property owners, the white postal receipts and the green return receipts shall be provided to the Town Clerk at least five days in advance of the advertised hearing date.

(f)

The applicant shall also be required to post a notice on the property for which the use is requested at least 15 days prior to a public hearing before the Planning Commission and/or Town Council. Such notice shall consist of at least one sign facing each adjacent right-of-way. Such sign shall measure not less than three feet by four feet, size of letters should be a minimum of three inches high and such signs shall be erected on posts no less than four feet above ground level. Such sign shall read as follows:

NOTICE OF PUBLIC HEARING BEFORE THE
(LARKSPUR PLANNING COMMISSION OR TOWN COUNCIL)

Notice is hereby given that the property upon which this sign is posted shall be considered for a Use by Special Review pursuant to Chapter 16 of the Larkspur Municipal Code. Further information may be obtained by calling the Town of Larkspur Town Planner at 303-681-2324. The public hearing is to be held on (date), in the Town Council Meeting Room at (time), or as soon thereafter as possible."

Name of Proposal: ___________

Project Number: ________

Note: Indicate the hearing time for the Planning Department and Town Council.

(g)

The Town Council may provide for the giving of additional public notice prior to any determination by the Town Council, in a manner consistent with the laws of the State.

(Ord. No. 3.43, Art. II, § 12.3, 6-3-1987; Ord. No. 3.118, § 1, 7-21-2016)

(a)

Uses not itemized or not reasonably similar to listed uses in the appropriate zoning districts shall not be allowed unless and until the use is approved by the Town Council in the manner provided for in this Division.

(b)

The Town Council, after review and recommendation by the Town Planner and Planning Commission, may by ordinance add to the uses listed for a zoning district which conforms to the conditions set forth in the following special findings:

(1)

Such use is not listed or similar to any other use.

(2)

Such use is more appropriate in the zoning district to which it is to be added than in any other zoning district.

(3)

Such use conforms to the basic requirements and characteristics of the use category to which it may be added.

(4)

Such use does not create more offensive noise, vibration, dust, heat, smoke, odor, glare, traffic hazards or other objectionable influences than normally resulting from the other uses listed in the zoning district to which it is to be added.

(c)

When the Town Council finds that the proposed use meets the established criteria noted and any other reasonable conditions the Town Council may deem advisable, such use shall be considered to be listed in the appropriate zone district and shall be added thereto in this Chapter at the first convenient opportunity.

(Ord. No. 3.43, Art. II, § 13.1, 6-3-1987; Ord. No. 3.118, § 1, 7-21-2016)

(a)

The applicant shall informally contact the Town Planner to determine if the intended use is itemized or similar to listed uses. The Town Planner shall advise him or her of the procedure in requesting the Town Council to make a determination on the intended use.

(b)

The applicant shall submit a formal application to the Town Council by submitting the following:

(1)

A completed application.

(2)

Appropriate fee.

(3)

A letter describing the intended use, the proposed site and any other information requested by Town Staff which would help to clarify the proposed use.

(c)

When the application is complete, the proposal shall be scheduled before the Planning Commission and the Town Council.

(d)

Upon receiving notification that the proposal has been scheduled, the applicant shall be responsible for publishing, at least 15 days prior to the Planning Commission and the Town Council hearings, a notice of public hearing in at least one issue of a newspaper of general circulation in the Town. Said notice shall read as follows:

NOTICE OF PUBLIC HEARING BEFORE
THE LARKSPUR PLANNING COMMISSION AND TOWN COUNCIL

Notice is hereby given that on (day of week), (month and date), 20___ at _____ am. p.m., or as soon as possible thereafter, in the Meeting Room of the Town of Larkspur at 8720 Spruce Mountain Road, Larkspur, Colorado, or at such other time and place as this hearing may be adjourned, a public hearing will be held upon the application on file with the Town of Larkspur, 8720 Spruce Mountain Road, Larkspur, Colorado 80118, 303-681-2324, by (name of applicant), for inclusion with Chapter 16 of the Larkspur Municipal Code of a use not itemized in Chapter 16 of the Larkspur Municipal Code, said use being (description of use).

Project name and number: ___________

Date of Application: ________

Published in (name of newspaper), on (date of publication).

(e)

The Planning Commission shall review the proposal, staff recommendations and any other appropriate materials and make a recommendation to the Town Council as to which zoning category the use should be permitted, whether the use should be permitted by right or special review and what conditions, if any, should be placed on the proposed use.

(f)

At the public hearing before the Town Council, the Town Council shall review all pertinent materials and recommendations and make a determination on the proposed use.

(Ord. No. 3.43, Art. II, § 13.2, 6-3-1987; Ord. No. 3.118, § 1, 7-21-2016)

The intent of the provisions contained in this Division is to provide for the operation of limited commercial activities within established residential zone districts.

(Ord. No. 3.43, Art. II, § 17.1, 6-3-1987; Ord. No. 3.118, § 1, 7-21-2016; Ord. No. 2022-14, § 1, 9-15-2022)

(a)

Home businesses shall be conducted by at least one full time resident.

(b)

Home businesses shall be clearly incidental and secondary to the use of the dwelling as a dwelling unit and shall not change the character thereof.

(c)

The total area utilized for a home business shall not exceed one-half of the total area of the principal dwelling. A home business may be operated in a dwelling, garage, or similar accessory structure.

(d)

There shall be only limited, and incidental sales conducted on the premises of products made by the residents.

(e)

There shall be no outside storage on the premises of materials or equipment used in connection with the home business that substantially impairs the use, appearance, or character of the residential area.

(f)

There shall be no excessive or offensive noise, vibration, smoke, dust, odors, heat, glare or light noticeable or extending beyond the property.

(g)

Home businesses shall not generate traffic which significantly affects the residential character of an area, including parking.

(h)

Any home-based business shall be in compliance with all State, Federal, and Larkspur laws and ordinances.

(i)

See Section 16-1-60 of this Chapter for more information on home businesses.

(Ord. No. 3.43, Art. II, § 17.1, 6-3-1987; Ord. No. 3.118, § 1, 7-21-2016; Ord. No. 2022-14, § 1, 9-15-2022)

The intent of this Division is to provide guidelines and regulations for the keeping of animals and livestock on private property. These regulations are also for the maintenance of a healthy environment for humans and animals and for the protection of the ground and vegetation of the property.

(Ord. No. 3.43, Art. II, § 18.1, 6-3-1987; Ord. No. 3.59, § 1, 10-19-1995; Ord. No. 3.118, § 1, 7-21-2016)

Household pets, as defined in Section 16-1-60 of this Chapter, shall be permitted in all zone districts which permit residential uses, provided that not more than six animals of more than four months of age are kept on the property of any residential unit. Kennels, boarding facilities and commercial activities are not allowed. This provision does not apply to tropical fish, small rodent animals (gerbils, hamsters, etc.) and small birds kept as pets, unless raised for commercial purposes, kept outdoors or kept in an accessory structure.

(Ord. No. 3.43, Art. II, § 18.2, 6-3-1987; Ord. No. 3.59, § 1, 10-19-1995; Ord. No. 3.118, § 1, 7-21-2016; Ord. No. 2022-16, § 1, 9-15-2022)

(a)

Noncommercial, domestic hoofed livestock are permitted in all zone districts which permit residential uses. These shall include, but not be limited to, horses, llamas, buffaloes, cattle, mules, sheep, goats and swine.

(b)

Animal units are established as follows:

Young animals under six months of age may be kept until weaned without counting toward the allowable unit limit.

(c)

The following restrictions shall apply to such animals:

(1)

In all zone districts except for the Agricultural District, the maximum allowable density is one animal unit per one-half acre.

(2)

In the Agricultural District, the maximum allowable density is one animal unit per two acres.

(3)

A barn or shelter shall be required provided or to be constructed and in compliance with all applicable building codes.

(4)

Although the entire lot may be fenced, a containment area (corral) must be provided where the animals will normally be penned and given supplemental feed.

a.

The containment area (corral) should be adequate in size for the number of animals involved and shall not exceed ten percent of the gross lot acreage or one-half acre, whichever is less.

b.

The containment area (corral) shall not be constructed closer to any property line than the zone district accessory use setback allows.

(5)

Existing exceptions as apply to building, fencing, containment area size and setbacks will be subject to the regulations outlined in Article 4, Nonconforming Uses and Buildings, of this Chapter.

(6)

Regular removal or spreading of manure is required so that it does not become unsightly to neighbors or passersby.

(7)

The possession of animals will not be allowed to create excessive odor problems or present health hazards to surrounding properties.

(8)

Adequate drainage facilities or improvements shall be provided by the property owner and constructed so as to protect any adjacent properties from runoff containing contaminants such as sediment or organic wastes.

(Ord. No. 3.43, Art. II, § 18.3, 6-3-1987; Ord. No. 3.59, § 1, 10-19-1995; Ord. No. 3.118, § 1, 7-21-2016; Ord. No. 2022-16, § 2, 9-15-2022)

Domestic, noncommercial use of poultry or fowl shall include, but not be limited to, chickens, turkeys, pigeons, small birds and ducks. Small livestock shall include, but not be limited to, rabbits, chinchillas or similar animals. Such animals and fowl are allowed in any zone district which permits residential uses.

(1)

In all zone districts except for the Agricultural District, provided that the parcel is not less than one-half acre in size, a maximum number of 15 poultry and/or fowl and three rabbits or other small livestock shall be allowed.

(2)

In the Agricultural District, provided that the parcel is not less than one acre in size, a maximum number of 30 poultry and/or fowl and six rabbits or other small livestock shall be allowed.

(3)

A containment structure for the poultry or fowl shall be required and shall not be closer than the minimum area and yard setback requirements set forth in the Town's Code specific to the property's zoning district. (See Chapter 16, Article 7).

(Ord. No. 3.43, Art. II, § 18.4, 6-3-1987; Ord. No. 3.59, § 1, 10-19-1995; Ord. No. 3.118, § 1, 7-21-2016; Ord. No. 2022-16, § 3, 9-15-2022)

Nondomestic or exotic animals are not permitted within the Town unless approved by the Town Council as a use by special review in accordance with applicable provisions of this Chapter. A nondomestic animal is generally considered to be an animal not normally adapted to live and breathe in a tame condition. An exotic animal is generally considered to be an animal introduced from another country not normally kept as a household pet or farm animal.

(Ord. No. 3.59, § 1, 10-19-1995; Ord. No. 3.118, § 1, 7-21-2016)

The following vegetation requirements shall apply to all land on which livestock are permitted:

(1)

The site, excluding that area which is allowed to be devegetated, must be maintained with vegetative groundcover. Vegetative groundcover includes grasses and forbs but does not include weeds on bare dirt. In areas where exposed shelf rock or cap rock is the natural terrain, this will be considered to be vegetative groundcover.

(2)

The maximum land area that may be devegetated is as follows:

(3)

All corrals, paddocks, runs, pens, round pens and unpaved or ungraveled parking areas shall be included when calculating the maximum area devegetated.

(4)

The area within the minimum setback area shall be fully maintained with vegetation.

(5)

A variance from the above vegetation standards may be sought from the Town Council.

(Ord. No. 3.59, § 1, 10-19-1995; Ord. No. 3.118, § 1, 7-21-2016; Ord. No. 2022-16, § 4, 9-15-2022)

The restrictions set forth in this Division as to the number of animals shall not apply to 4-H projects lasting less than two years in duration. Any 4-H projects lasting longer than two years which are proposed to have animals in excess of the number set forth in this Division may be approved as a use by special review in accordance with applicable provisions of this Chapter.

(Ord. No. 3.59, § 1, 10-19-1995; Ord. No. 3.118, § 1, 7-21-2016)