The purpose and intent of the formula business exclusion overlay (FBE) district is to address the adverse social and economic impact of formula businesses on Leadville's community character. Formula businesses detract from the city's overall historic experience and threaten its tourist economy. Formula businesses are therefore prohibited in the FBE district to prevent the negative impact on the city's economy, historical relevance, unique character and economic vitality caused by a proliferation of formula businesses in the FBE district.

(Ord. No. 2022-3, § 4, 3-15-22)

The FBE district shall encompass the entire RC district and the portions of the R-2, C, TC, and TR districts as shown in the city's official zoning district map.

(Ord. No. 2022-3, § 4, 3-15-22)

A.

Except as otherwise set forth in this chapter, any use permitted or prohibited in the underlying zoning district, as set forth in Chapter 17.48 of this code, shall be permitted or prohibited, as applicable, in the FBE district.

B.

Notwithstanding anything in this title to the contrary, formula businesses are prohibited in the FBE district.

(Ord. No. 2022-3, § 4, 3-15-22)

A.

The owner or authorized agent of the owner of a property with a nonconforming formula business use in the FBE district must apply to the city for approval of the following activities:

1.

The enlargement or expansion of a building containing a nonconforming formula business use;

2.

An expansion of existing facilities and equipment which are located on a lot and associated with a nonconforming formula business use; or

3.

Adding facilities or structures to a lot which are associated with a nonconforming formula business use.

B.

Such application must be approved by city council following review by and recommendation from the planning and zoning commission.

C.

Applications shall be submitted on forms approved by the city. The procedure and requirements for submitting, processing, reviewing, and acting on such applications shall be the same process as set forth in Chapter 17.52 of this code.

D.

The planning and zoning commission may make a recommendation and city council may decide to approve, conditionally approve, or deny the application. The recommendations of planning and zoning commission and decisions of city council, including any conditions of approval, on such applications shall be based on the following criteria:

1.

The nonconforming use shall not be changed (except to a conforming use) as a result of enlargement, expansion, or construction;

2.

The nonconforming use shall not be expanded beyond the limits of the parcel of property upon which such use existed at the time it became nonconforming;

3.

Additional traffic generated by an enlargement, expansion, or construction must be incorporated into the neighborhood and community transportation network without creating safety problems or causing or increasing level of service standard deficiencies;

4.

The noise and vibration levels that may be generated by the nonconforming use shall not be increased beyond the levels that existed prior to the enlargement, expansion, or construction that is under consideration;

5.

The enlargement, expansion, or construction shall conform to the applicable development standards of this code, including but not limited to height and setback requirements;

6.

The enlargement, expansion, or construction shall not increase or amplify any deficiencies in parking in the neighborhood where the property is located;

7.

The enlargement, expansion, or construction shall not hinder the future development of surrounding properties in accordance with this code; and

8.

The enlargement, expansion, or construction shall not present a threat to the health, safety or welfare of the city or its residents.

(Ord. No. 2022-3, § 4, 3-15-22)