The table below indicates which principal use(s) are allowed by right, which require an administrative permit, and which uses are conditional uses (that is, uses which the city may allow following detailed review). Any use not included in the table shall reviewed for compliance with Section 17.48.20. A blank square in the table below indicates that a use is prohibited.

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TABLE 1
By-Right, Conditional and Prohibited Uses by Zoning District

R = Use allowed by right

A = A use requiring an Administrative Permit as defined in Chapter 17.50

C = A use requiring a Conditional Permit as defined in Chapter 17.52

(Ord. No. 2023-2, § 4, 7-5-23)

Editor's note— Ord. No. 2023-2, § 4, adopted July 5, 2023, repealed the former Chapter 17.48, §§ 17.48.010 and 17.48.020, and enacted a new Chapter 17.48 as set out herein. The former Sections 17.48.010 and 17.48.020 pertained to similar subject matter and derived from prior code § 17.13; Ord. No. 99-8; Ord. No. 03-1; Ord. No. 03-4; Ord. No. 03-15; Ord. No. 03-17; Ord. No. 2009-3, adopted September 1, 2009; Ord. No. 2010-2, adopted May 18, 2010; Ord. No. 2010-5, adopted August 17, 2010; Ord. No. 2013-19, adopted January 7, 2014; Ord. No. 2014-4, adopted May 6, 2014; Ord. No. 2014-5, adopted August 5, 2014; Ord. No. 2015-5, adopted June 2, 2015; Ord. No. 2016-6, adopted July 5, 2016; Ord. No. 2016-8, adopted November 1, 2016; Ord. No. 2020-6, adopted February 2, 2021; Ord. No. 2022-3, adopted March 15, 2022 and Ord. No. 2022-5, adopted March 15, 2022.

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A.

Purpose. The purpose of this section is to promote the health, safety, convenience, and welfare of the present and future inhabitants of the city by protecting and enhancing the character of the city's zoning districts and providing for efficient and fair development that respect property rights and ensure quality development.

B.

Generally. If a proposed use is not listed in section 17.48.010, then the planning official shall decide whether the proposed use is either functionally comparable to, or a subcategory of, a by-right, conditional, administratively permitted, or prohibited use. The planning official shall apply the following criteria to decide how the use will be regulated by this title:

1.

A proposed use is a subcategory of a by-right, conditional, or administratively permitted use if, with regard to each of the decision criteria enumerated in subsection B, the proposed use's impacts are not materially greater than the by-right, conditional, or administratively permitted use with the more general NAICS code.

2.

A proposed use is functionally comparable to a by-right, conditional, administratively permitted use if it is reasonably comparable to the by-right, conditional, or administratively permitted use, and with regard to each of the decision criteria enumerated in subsection B, the proposed use has no greater impacts than the by-right, conditional, or administratively permitted use with which it is functionally comparable.

C.

Decision Criteria. The following decision criteria shall be evaluated when the planning official decides whether a proposed use is a subcategory of, or is functionally comparable to, a by-right, conditional, or administratively permitted use:

1.

Parking demand;

2.

Average daily and peak hour trip generation (cars and trucks);

3.

Impervious surface;

4.

Noise;

5.

Lighting;

6.

Dust;

7.

Odors;

8.

Potentially hazardous conditions, such as projectiles leaving the site;

9.

Use and storage of hazardous materials;

10.

Character of buildings and structures;

11.

Character of operation; and

12.

Hours of operation.

D.

Effect of Determination.

1.

If the planning official approves an application for a decision pursuant to this section, then the use is allowed as a by-right, conditional, or administratively permitted use, with the same restrictions as the use to which it was compared for the purposes of the favorable decision.

2.

If the planning official determines that a proposed use is not a subcategory of, or functionally comparable to, a by-right, conditional, or administratively permitted use, then the proposed use is a prohibited use.

(Ord. No. 2023-2, § 4, 7-5-23)

Editor's note— See editor's note at Section 17.48.010.

A.

Manufactured Homes. A manufactured home, as defined in Section 17.08.020, is treated as a single-family dwelling. A manufactured home is a permitted use in any zoning district where a single-family dwelling is a permitted use. A manufactured home is a prohibited use in those zoning districts in which a single-family dwelling is prohibited, and the installation of a manufactured home requires a conditional use permit or certificate of appropriateness in those zoning districts where one is required for a single-family dwelling. In all respects, a manufactured home is to be treated as a single-family dwelling for the purposes of this section. C.R.S. 31-23-301(5) applies.

B.

Mobile homes.

1.

Independent mobile homes, as defined in Section 17.08.020, are allowed to be placed only in approved mobile home parks.

2.

Dependent mobile homes as defined in Section 17.08.020, shall be occupied only in approved travel trailer parks and city-designated time limited travel trailer parking areas. Dependent mobile homes shall not be parked for the purposes of storage or habitation (see the definition of habitation in Section 17.08.020) on any city street, alley, or roadway. All cooking apparatus, utilities, and heating systems in dependent mobile homes must be fueled by liquid propane or natural gas. Solid or other liquid fuels are specifically prohibited.

(Ord. 99-8 § 1 (part): prior code §§ 17.15.010, 17.15.020)

(Ord. No. 2023-2, § 5, 7-5-23)