(a)

In order to carry out the purpose and provisions of this Chapter, the following zoning districts are hereby established:

*This district overlays all zone districts within the City; its boundaries are identical to those of the City.

**Boundaries for this district are defined in Municipal Code Chapter 15, Article IV.

(Ord. 22-02 Art. 4)

The boundaries of zoning districts are shown on the map entitled "Official Zoning Map of the City of Lone Tree," referred to herein as "Zoning Map," which is incorporated into and made part of this chapter by this reference. Amendments to the Zoning Map shall be made administratively to implement all zone boundary changes approved by ordinance of City Council. Technical changes to the Zoning Map that are necessary to ensure that the Zoning Map accurately reflects zone boundaries shall also be made administratively."

(Ord. 22-02 Art. 4)

District boundaries are shown on the Zoning Map. However, where uncertainty exists as to the boundaries of districts, the following rules shall apply:

(1)

A boundary indicated as approximately following the centerline of a street, highway, streambed, transit line right-of-way or alley shall be construed to follow such centerline.

(2)

A boundary indicated as approximately following the right-of-way line of a street, highway or alley shall be construed to follow such right-of-way line, and in the event of a change in such right-of-way line, the boundary shall be construed as moving with the right-of-way line.

(3)

A boundary indicated as approximately following platted lot lines shall be construed to follow such lot lines.

(4)

A boundary indicated as parallel to, or an extension of, features indicated in Subsections (1) through (3) above shall be so construed. Distances not specifically indicated on the Zoning Map shall be determined by the scale of the map.

(5)

Where a street or alley is vacated or abandoned, the regulations applicable to the property to which it reverts shall apply to such vacated or abandoned street or alley.

(6)

Disputes concerning the exact location of any district boundary line shall be decided by the Director.

(7)

All streets, alleys, public ways, waterways and transit line rights-of-way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting upon such streets, alleys, public ways, waterways and railroad rights-of-way.

(8)

Where the centerline of a street, alley, public way, waterway or transit line right-of-way serves as a district boundary, the zoning of such areas, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to the centerline.

(Ord. 22-02 Art. 4)

(a)

Uses not specifically listed or not reasonably similar to those uses listed in any particular zoning district shall be deemed to be excluded from the particular zoning district.

(1)

A use may be deemed by the Director to be reasonably similar to those listed in a zone district if it generates similar impacts and has similar physical and/or operational characteristics as the uses that are listed.

(b)

Uses listed in any particular zoning district shall be deemed to be excluded from any other zoning district, unless such use is specifically listed or referenced in the other zoning district.

(Ord. 22-02 Art. 4)

(a)

Group homes, as defined in this Chapter, shall be permitted in all zoning districts where residential uses are permitted by right.

(b)

Family childcare homes, as defined in this Chapter, shall be permitted in all zoning districts where residential uses are permitted by right.

(c)

Short-term rentals, as defined in Chapter 6, Article 6, are permitted in all zoning districts where residential uses are permitted by right, provided that such short-term rental:

(1)

Legally existed and had a valid City business license as of March 8, 2023; and

(2)

Is operated in conformance with all federal, state, and City rules and regulations applicable to short-term rentals.

(Ord. 22-02 Art. 4; Ord. 23-01, Art. 4)

(a)

Uses not listed may be interpreted for inclusion in a specific zoning district by the Director when such use is reasonably similar to those uses listed.

(b)

Uses not specifically listed or not reasonably similar to those uses listed, or not interpreted for inclusion by the Director, in a specific zoning district, may be added to the appropriate zoning district upon approval by the City in accordance with the following procedure:

(1)

The applicant shall meet with the Director to determine if the intended use is listed or similar to listed uses and shall discuss the procedures and submittal requirements for amending the appropriate sections of this Chapter.

(2)

The applicant shall submit the following information to the Community Development Department:

a.

A complete application form (available from the Community Development Department).

b.

Application, publishing and public noticing fees (fee schedule available from the Community Development Department).

c.

A written description of the intended use, the appropriateness of the intended use in the specific zoning district and any other information requested by staff.

(3)

The Director shall review the amendment request, prepare a staff report with the amended regulatory language and meet with referral agencies and other interested parties regarding the proposed changes.

(4)

The Director shall schedule a hearing with the Planning Commission and notify the applicant of the hearing date and time.

(5)

The City shall publish a notice in the Official Publication, prior to the Planning Commission hearing. The public notice shall appear at least fifteen (15) days prior to the Planning Commission hearing, and fifteen (15) days prior to the City Council hearing.

The Public notice shall read:

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

A public hearing will be held on (day of week), (date), at (time), or soon thereafter, in the City Council Hearing Room, 8527 Lone Tree Pkwy., City of Lone Tree, CO 80124 or other designated place for a proposed amendment to (zone district) to include (state specific use) as a (principal use or use by special review). For more information, call the Community Development Department at [the phone number provided by the City].

File Name and Number: _______

Published in (newspaper) on (date).

(6)

The Planning Commission shall evaluate the application, staff report and public testimony, and make a recommendation to the City Council to approve, approve with modifications or deny the proposed amendment.

(7)

Following the recommendation by the Planning Commission, the City will schedule a public hearing with the City Council and notify the applicant of the hearing date and time.

(8)

The City shall be responsible for publishing a notice in the Official Publication in accordance with Paragraph (5) above.

(9)

The City Council shall evaluate the proposed amendment, referral agency comments, staff report, the Planning Commission recommendation and public testimony, and shall approve, approve with modifications, table for further study, or deny the amendment proposal based upon finding that such use is/is not: reasonably similar to any other use; appropriate for the zoning district to which it is proposed to be added; in conformance with the basic requirements and characteristics of the use category to which it is proposed to be added; and going to create more offensive noise, vibration, dust, heat, smoke, odor, glare, traffic hazard or other objectionable impacts than would normally result from the other uses listed in the zoning district to which it is proposed to be added.

(10)

If the proposed amendment is approved, the Director shall be responsible for revising the appropriate section of this Chapter accordingly.

(Ord. 22-02 Art. 4)

Land proposed for development shall adjoin a publicly dedicated street unless private streets are proposed and a special district or some other duly established entity, recognized by the City Council, has committed in writing to maintain the private street in perpetuity.

(Ord. 22-02 Art. 4)

All uses shall be served by a central water and sanitation provider.

(Ord. 22-02 Art. 4)

All public utility distribution lines shall be placed underground.

(Ord. 22-02 Art. 4)

Construction of paved streets shall be in accordance with the City's duly adopted Roadway Design and Construction Standards, Storm Drainage Design and Technical Criteria Manual and other applicable City regulations.

(Ord. 22-02 Art. 4)

(a)

Fences, walls or hedges shall not be erected or installed in the public right-of-way.

(b)

Fences are permitted within setbacks on private land, provided they do not impede sight triangles or encroach into sight easements.

(c)

A building permit is required for the following walls and fences:

(1)

Retaining walls greater than four (4) feet in height;

(2)

Retaining walls greater than two (2) feet in height that carry a vertical load; and

(3)

Fences greater than seven (7) feet in height.

(d)

Fences, walls or hedges shall be erected or installed and maintained in a manner which does not obstruct the vision of automobile traffic on the adjacent streets, rights-of-way or driveways in accordance with the City's Roadway Design and Construction Standards.

(e)

Sound barrier walls, when constructed adjacent to a street by a landowner other than the Colorado Department of Transportation, shall be designed in accordance with City criteria and approved by the City.

(f)

Electrically charged, concertina or razor wire is prohibited. Buried electrical and mesh wire fencing for pets is allowed. Barbed wire may be permitted in association with limited agricultural uses, as approved by the Director. Chain link fencing is prohibited unless approved through a Site Improvement Plan (SIP) process, per Article XXVII; chain link fencing shall only be approved via an SIP when such fencing is required to ensure the safety and security of public utilities.

(g)

Perimeter boundary fencing shall be limited to wood, brick, stone, stucco, wrought iron or other material as may be approved by the Director. Woven wire may be used only with other open fencing and shall not extend above the height of the fence posts. Perimeter boundary fencing along arterial and collector streets shall be limited to City-approved brick or other material as may be approved by the Director.

(h)

Fences or walls shall be designed and maintained so that they are architecturally harmonious with the principal structures on the lot. Fences for non-residential uses that abut a residential zone district shall be of wooden or masonry construction or, with the approval of the Director, a hedge.

(i)

Fences, walls or hedges shall not exceed the heights listed below, unless otherwise approved by the City for noise mitigation:

(1)

Fences, walls or hedges placed within front setbacks shall not exceed four (4) feet in height;

(2)

Fences, walls or hedges placed outside of front setbacks shall not exceed six (6) feet in height; and

(3)

Ornamental iron fences shall not exceed ten (10) feet in height; ornamental iron fences must provide a minimum of 80% visibility.

(Ord. 22-02 Art. 4)

Sign standards are set out in Article XXIX of this Chapter.

(Ord. 22-02 Art. 4)

Lighting standards are set out in Article XXX of this Chapter.

(Ord. 22-02 Art. 4)

(a)

No part of the area of a lot required for the purpose of complying with the provisions of this Chapter shall be included as part of the area required for another lot.

(b)

No minimum lot area shall be required for utility service facilities. The required lot area for major facilities of a public utility shall be addressed in the Use by Special Review procedures in accordance with Article XXI, Uses by Special Review, of this Chapter.

(Ord. 22-02 Art. 4)

When the setbacks required for any adjoining lots are greater than those specified in the zone where an infill lot is located, the applicant for a development approval affecting an infill lot shall be required to provide the greater setback associated with the adjoining lots.

(Ord. 22-02 Art. 4)

Planned Developments and Sub-Area Plans may include regulations for and modifications from this Chapter relative to regulations, including but not limited to dedication requirements; variation, variance and appeal standards and procedures; site improvement and/or master plans; parking standards; sign standards; and other items as determined by the City where particular attributes of the Planned Development or Sub-Area Plan warrant.

(Ord. 22-02 Art. 4)

(a)

All residential development, except as otherwise provided herein, shall require land dedications for parks, trails, open space, public facilities and schools in accordance with Article IX of Chapter 17. Land required for dedication shall be conveyed to the City prior to the issuance of building permits for the site, or as otherwise established in site improvement plan or development agreements. Prior to site development or public dedication, the City may require that the public entity involved with said dedication provide assurance to the City that adequate funds are or will be available and that construction will occur within a reasonable time frame.

(b)

The entity dedicating the land for public purpose shall provide for the construction of, at no cost to the City or public agency, the improvement or phased improvement of all roads adjacent to the publicly dedicated sites, traffic signalization to serve the site, extension of all utilities to the site and other public infrastructure as required by the City, with any associated reimbursement agreements for said improvements. The City may require security to ensure such improvements, at such time as determined by the City.

(c)

The City shall consider dedications from developments made prior to incorporation as having satisfied the City's dedication requirements.

(Ord. 22-02 Art. 4; Ord. 25-03 Art. 5)

For commonly owned, contiguous, nonconforming parcels, the following shall apply:

(1)

Parcels described by metes and bounds. When (2) two or more contiguous, nonconforming parcels come under single ownership and are described in the same deed, these parcels may be deemed one (1) parcel upon review and approval of the City Council. The subsequent division of such land into two (2) or more parcels/lots shall be in accordance with Chapter 17 of this Code, even if the land is to be divided as previously described or conveyed.

(2)

Parcels described by a survey. When two (2) or more contiguous, nonconforming parcels, shown on a recorded survey that did not receive City approval, come under single ownership and are described in the same deed, these parcels may be deemed one (1) lot for the purpose of building permit issuance. A building permit may be issued, provided that the minimum required lot size and setbacks of the zone district in which the land is located are met.

(Ord. 22-02 Art. 4)

Mineral extraction is permitted only through the use by special review process set forth in Article XXI. The City's local application requirement shall be in addition to any other application or approval requirement imposed by the state or other governmental agency.

(Ord. 22-02 Art. 4)