12 - DISTRICT REGULATIONS1
State Law reference— Authority to establish zoning districts, C.R.S. § 31-23-301 et seq.
A.
In order to implement the provisions of this title, the city establishes the following basic zoning districts:
1.
Agricultural A. The agricultural A district is comprised of areas which are primarily in a natural state, are utilized for the growing of crops and plant materials or where similar farming activities are practiced, or are appropriate for very low density residential use.
2.
Residential rural R-R. The residential rural R-R district is intended to provide for rural character, single-family areas, primarily on the fringe areas of the city planning area.
3.
Residential estate R-E. The residential estate R-E district is intended to provide an alternative to typical urban density single-family residential areas by providing for larger minimum lot areas.
4.
Residential low density R-L. The residential low density R-L district is comprised of typical urban density single-family residential areas.
5.
Residential medium density R-M. The residential medium density R-M district is comprised of areas which are primarily used for or permit multifamily development at duplex or townhouse densities.
6.
Residential high density R-H. The residential high density R-H district is comprised of areas primarily used for multi-unit residential development at apartment densities. It is a district to provide a high range of housing types to meet diversities in the housing market.
7.
Commercial neighborhood C-N. The commercial neighborhood C-N district is comprised of areas to accommodate mixed residential and commercial uses. Uses in this district shall be strictly reviewed to ensure compatibility.
8.
Commercial community C-C. The commercial community C-C is a district comprised of areas to provide for a restricted range of retail sales and services including opportunities for a limited variety of comparative shoppers' goods.
9.
Commercial business C-B. The commercial business C-B is a district comprised of areas to provide for a full range of retail sales and services including opportunities for a complete variety of comparative shoppers' goods.
10.
Industrial I. The industrial I district is comprised of areas which are primarily developed for nonoffensive types of industry, processing and manufacturing activities.
11.
Administrative office A-O. The administrative office A-O district is intended for nonretail use, mainly of a personal service nature. It is intended to have less impact than commercial uses in terms of traffic, types of use, advertising, and hours of operation and shall not have significant adverse impact upon residential uses. The applicant must demonstrate that uses proposed for the area in question shall meet the above criteria. In addition, limitations on the size of building sites, lot coverage, and other requirements shall exist; specifically, no parcel greater than three acres shall be an administrative office zone unless the parcel has been zoned office (O) prior to July 1, 1984.
12.
Business office B-O. The business office B-O district is intended for a broader range of uses than the administrative office zone, and possibly limited commercial activities. The business office B-O district and activities therein would be suitable for location in areas of higher intensity of use, with any development being adequately landscaped and integrated within itself in terms of urban design, traffic circulation, pedestrian usage and land use. Any allowed commercial activity in this zone shall not be located in a freestanding building separate from structures where approved uses exist. In addition, no commercial uses shall occupy more than 20 percent of the gross square footage of a development in this zone.
13.
Restricted rural residential R-RR. The restricted rural residential R-RR district is intended to provide very large lots of a rural character for very limited single-family development. The minimum lot size in this zone shall be one acre, however, there shall be no more than one residential unit constructed upon any parcel of less than five acres and no more than one unit per five acres or portion thereof for parcels over five acres.
14.
Administrative office transition AO-T. The administrative office transition AO-T district is intended to allow low intensity, nonretail commercial development on parcels which adjoin residential districts. Use, building and site development restrictions are intended to ensure compatibility with adjoining residential uses while affording reasonable use of property.
15.
Single-family low density SF-LD. The single-family low density SF-LD district provides for low density urban lots for use by medium to larger single-family dwellings.
16.
Single-family medium density SF-MD. The single-family medium density SF-MD district provides for medium density urban lots for use by average sized single-family dwellings.
17.
Single-family high density SF-HD. The single-family high density SF-HD district provides for high density urban lots for use by smaller sized single-family dwellings.
18.
Single-family rural SF-R. The single-family rural SF-R district provides areas of low density single-family dwellings in a rural setting away from the urban core. There shall be no more than one residential unit constructed upon any parcel of less than 2½ acres and no more than one unit per 2½ acres or portion thereof for parcels over five acres.
19.
Single-family estate SF-E. The single-family estate SF-E district provides low density estate lots intended for larger single-family dwellings common in suburban estate developments.
20.
Planned community zone district PCZD. The planned community zone district is described in chapter 17.72.
21.
Open space OS. The open space OS district is comprised of lands that have been designated open space land and placed in the district by the city council, after considering recommendations from the open space advisory board.
B.
After June 2, 1994 (the effective date of Ordinance No. 1147, Series 1994), no land shall be zoned or rezoned as a rural residential R-R zone district, a residential estate R-E zone district, or a residential low-density R-L zone district.
C.
In addition to the basic zoning districts established by this section, there is established an overlay zone district designated as the Old Town overlay district. This district is intended to encompass the historical Old Town residential area of the city in order to maintain its existing character. Regulations may be established for this district which shall apply in addition to, or as a modification of, the regulations established for any underlying basic zoning district encompassed within the Old Town overlay district.
(Code 1962, § 25-1-101; Ord. No. 424-1973, § 1; Ord. No. 485-1976, § 4; Code 1977, § 17.12.010; Ord. No. 556-1977, § 2; Ord. No. 585-1978, § 2; Ord. No. 692-1980, § 2; Ord. No. 838-1984, § 2; Ord. No. 1115-1993, § 2; Ord. No. 1147-1994, § 3; Ord. No. 1195-1995, § 2; Ord. No. 1597-2011, § 1, 8-2-2011)
The schedule of uses, schedule of yard and bulk requirements, and implementary regulations pertaining to the various zoning districts, as set out in this chapter, are declared to be part of this title and may be amended in the same manner as any other part of this title.
(Code 1962, § 25-2-102; Ord. No. 424-1973, § 1; Code 1977, § 17.12.020)
In each zoning district, any use group category not expressly permitted shall be deemed excluded. If there is a question pertaining to interpretation of any specific use as to whether it does or does not come within the following express use groups, any applicant may apply to the board of zoning adjustment for the determination of whether a specific use is expressly permitted. In the following table, uses expressly permitted are designated "yes," uses prohibited are designated "no," and uses permitted by special review are designated "R." For uses designated "A," "A, R," and "No, A, R" see explanatory notes in subsection 17.42.020(C) Use group categories expressly permitted within the AO-T zone district and uses permitted by special review within the AO-T zone district are designated in sections 17.13.020 and 17.13.030 of this title.
Notes:
*AO-T uses are described in chapter 17.13.
**PCZD uses are discussed in chapter 17.72.
***MU-R uses are discussed in chapter 17.14.
****OS The designated classifications of open space lands are set forth in the Open Space Master Plan approved by city council. Provisions regarding the use and management of open space lands are found in the Open Space Master Plan, Article 15 of the City Charter, and Title 4 of this Code.
A.
Smoke. No operation shall be conducted unless it conforms to the standards established by the state department of public health and environment's rules and regulations pertaining to smoke emission.
B.
Particulate matter. No operation shall be conducted unless it conforms to the standards of the department of public health and environment's rules and regulations pertaining to particulate matter.
C.
Dust, odor, gas, fumes, glare or vibration. No operation shall be conducted unless it conforms to the standards of the department of public health and environment's rules and regulations pertaining to emission of dust, odor, gas, fumes, glare or vibration.
D.
Radiation hazards and electrical disturbances. No operation shall be conducted unless it conforms to the standards of the department of public health and environment's rules and regulations pertaining to radiation control.
E.
Noise. No operation shall be conducted unless it conforms to the standards of the department of public health and environment's rules and regulations pertaining to noise.
F.
Water pollution. No operation shall be conducted unless it conforms to the standards of the department of public health and environment's rules and regulations pertaining to water pollution.
*****No retail marijuana establishment or medical marijuana business shall be located, permitted or licensed to operate in Downtown Louisville as defined by section 17.08.113 of this Code.
******A live-work use and development is allowed only within the portions of the Community Commercial and Community Business Zone Districts within the area designated as Downtown Louisville, as defined in chapter 17.08.113.
(Code 1977, § 17.12.030; Ord. No. 692-1980, § 24; Ord. No. 715-1981, § 16; Ord. No. 838-1984, § 3; Ord. No. 1072-1992, § 1; Ord. No. 1115-1993, §§ 3, 4; Ord. No. 1147-1994, § 4; Ord. No. 1200-1995, § 1; Ord. No. 1264-1997, §§ 4, 9, 8-19-1997; Ord. No. 1281-1998, § 3, 8-4-1998; Ord. No. 1298-1999, § 9, 6-1-1999; Ord. No. 1374-2001, § 1, 2-5-2002; Ord. No. 1591-2011, § 3, 3-15-2011; Ord. No. 1597-2011, § 2, 8-2-2011; Ord. No. 1615-2012, § 2, 6-19-2012; Ord. No. 1629-2013, §§ 2, 3, 4-16-2013; Ord. No. 1632-2013, § 1, 6-4-2013; Ord. No. 1650-2013, § 2, 12-17-2013; Ord. No. 1665-2014, § 2, 5-20-2014; Ord. No. 1691-2015, § 2, 6-2-2015; Ord. No. 1716-2016, §§ 1, 2, 3-8-2016; Ord. No. 1754-2018, § 1, 2-6-2018; Ord. No. 1763-2018, § 2, 10-2-2018; Ord. No. 1769-2019, § 31, 2-5-2019; Ord. No. 1777-2019, § 12, 7-23-2019; Ord. No. 1802-2020, § 2, 11-17-2020; Ord. No. 1829-2022, § 2, 5-3-2022; Ord. No. 1887-2024, § 2, 12-3-2024)
FOOTNOTES
1.
Eight thousand square feet for a corner lot except in A, SF-MD and R-E zoning districts.
2.
These requirements for the C-C district shall not be applicable in the area designated as the central business district which is an area bounded by South Street on the north, the Colorado and Southern Railroad tracks on the east, Elm Street on the south and La Farge Street on the west.
3.
Or, only in the case of principal structure, or structures, an established setback line.
4.
No part of any structure may project into an easement. For side yards adjoining the back yard of another lot, a 15-foot side yard setback in the SF-HD zone and a 20-foot setback in all other zones is required.
5.
A side yard must be provided if abutting a residential zone.
6.
On cul-de-sac or curved lots, the front footage may be reduced upon approval by the city; however, in no case shall the front footage be less than 35 feet.
7.
Density and minimum lot area for residential use in the C-N, C-C, and C-B districts shall be computed only for the area to be used for residential purposes.
8.
However, these limitations shall not affect the requirement that there will be no more than one dwelling unit on any parcel of five acres or less within the R-RR zone or that there shall be no more than one unit per five acres or portion thereof for parcels over five acres, nor shall the limitations affect the requirement that there will be no more than one dwelling unit on any parcel of two and one-half acres or less within the SF-R zone or that there shall be no more than one unit per two and one-half acres or portion thereof for parcels over two and one-half acres.
9.
The minimum front yard setback requirements for buildings in existence on the date of the enactment of Ordinance No. 1147, Series 1994, and located in a zone district for which such requirements were amended by such ordinance shall be the minimum front yard setback requirements applicable to those districts which were in effect immediately prior to the enactment of Ordinance No. 1147.
10.
The maximum building height for principal uses in the C-N, C-C and C-B zone districts is 35 feet, and 42 feet to the top of the rooftop mechanical screen, except that (a) for the commercial Core Area of Downtown Louisville, as designated in the Design Handbook for Downtown Louisville, the maximum building height for principal uses shall be 45 feet with no more than three stories (inclusive of habitable attic space), and inclusive of any parapet or rooftop mechanical screen or any other architectural element, and subject to further reduction as provided in the following sentence; and (b) for the Transition Area of Downtown Louisville, as designated in the Design Handbook for Downtown Louisville, the maximum building height for principal uses shall be 35 feet with no more than two stories (inclusive of habitable attic space), and inclusive of any parapet or rooftop mechanical screen or any other architectural element, and subject to further reduction as provided in the following sentence. As part of any subdivision or development plan approval, the city council may require a lower maximum building height within such commercial Core Area or Transition Area of Downtown Louisville based on application of criteria set forth in titles 16 and 17 and the Design Handbook for Downtown Louisville, and in order to ensure varied building heights and the appearance of a two-story building mass from the street pedestrian scale. For any building governed by this note 10, architectural elements such as domes, dormers, spires, towers, etc. may exceed the applicable height limit when authorized through the PUC process.
11.
The maximum lot coverage for the R-E zone district shall be as follows:
a.
For a lot having a lot area of less than 5,000 square feet: 35 percent;
b.
For a lot having a lot area of 5,000 to 9,000 square feet: 30 percent, or 1,750 sf whichever is greater;
c.
For a lot having a lot area of 9,001 to 12,000 square feet: 25 percent, or 2,700 sf whichever is greater;
d.
For a lot having a lot area of 12,001 square feet or greater: 20 percent, or 3,000 sf whichever is greater.
General note: Fences are not subject to the setbacks specified in this section. See section 17.16.120.
(Code 1962, § 25-2-102(B); Ord. No. 424-1973, § 1; Ord. No. 485-1976, § 6; Ord. No. 502-1976, § 10; Code 1977, § 17.12.040; Ord. No. 556-1977, § 5; Ord. No. 585-1978, § 6; Ord. No. 692-1980, § 3; Ord. No. 715-1981, § 17; Ord. No. 769-1982, § 11; Ord. No. 838-1984, § 4; Ord. No. 1147-1994, § 5; Ord. No. 1181-1995, § 1, 2-21-1995; Ord. No. 1286-1998, § 1, 10-20-1998; Ord. No. 1497-2006, § 1, 8-1-2006; Ord. No. 1770-2019, § 1, 2-5-2019)
A.
Conflicting requirements. Within the area designated on the zoning district map as the Old Town overlay district, the regulations of this section shall apply in addition to any other applicable section of this title. To the extent that a specific yard and bulk requirement set forth in this section establishes a standard or requirement which conflicts with a yard and bulk requirement set forth in any other applicable section of this title, the specific requirement of this section shall control.
B.
Building height. The maximum building height for principal uses shall not exceed 27 feet.
C.
Design and slope of roof.
1.
80 percent of the roof surface area of all roofs on each structure on a property must have a pitch of 6:12 or greater.
2.
The roof pitch that constitutes more than 50 percent of the roof surface area shall be considered the existing roof pitch. Additions to existing homes where the existing roof pitch is less than 6:12 shall be exempt from the requirements of subsection (C)(1) of this section. Such additions shall continue the existing roof pitch, or may have a lesser roof pitch as long as no more than 20 percent of the entire structure, including addition, has a roof pitch less than the existing roof pitch.
3.
Additions to existing homes which remove and rebuild 50 percent or more of the existing roof must meet the requirements of subsection (C)(1) of this section.
4.
Structures under 120 square feet are exempt from the requirements of this subsection (C).
D.
Lot coverage. The maximum lot coverage (expressed as square feet of lot area or as a percentage of lot area) shall be as follows:
1.
For a lot having a lot area of less than 4,000 square feet: 40 percent.
2.
For a lot having a lot area of 4,000 to 5,999 square feet: 1,600 square feet or 37.5 percent, whichever is greater.
3.
For a lot having a lot area of 6,000 to 6,999 square feet: 2,250 square feet or 35 percent, whichever is greater.
4.
For a lot having a lot area greater than 7,000 square feet: 2,450 square feet or 30 percent, whichever is greater.
E.
Floor area ratio. For the purposes of this subsection, the term "floor area ratio" shall not include the floor area of basements if more than one-half of the vertical distance between the basement floor and ceiling is below the grade of the site, or the floor area of unenclosed porches, balconies, canopies, decks, or patios. The maximum floor area ratio shall be as follows:
1.
For a lot having a lot area of less than 4,000 square feet: 0.50.
2.
For a lot having a lot area of 4,000 to 5,999 square feet: 0.45 or 1,999 square feet, whichever is greater.
3.
For a lot having a lot area of 6,000 to 6,999 square feet: 0.40 or 2,699 square feet, whichever is greater.
4.
For a lot having a lot area greater than 7,000 square feet: 0.35 or 2,799 square feet, whichever is greater.
F.
Front yard setback. The minimum front yard setback for principal uses shall be 20 feet unless reduced per section 17.16.080. The maximum front yard setback shall be the lesser of 25 feet or five feet plus the minimum front yard setback determined per section 17.16.080.
G.
Access and front setback requirements for garages. Where a developed alley with a minimum right-of-way width of 15 feet, or a side street, adjoins a rear or side lot line of a lot, access to a garage or off-street parking space from a street adjoining a front lot line shall be prohibited. Where the only access available to a lot is from a street adjoining the front lot line, the minimum front yard setback for an attached or detached garage shall be not less than 20 feet greater than the setback between the front property line and the front building line of the dwelling.
H.
Street side yard setback. The minimum side yard setback from a street for principal and accessory uses shall be as follows:
1.
For a lot having a lot width less than 30 feet: Eight feet.
2.
For a lot having a lot width of 30 to 60 feet: Ten feet.
3.
For a lot having a lot width greater than 60 feet: 15 feet.
I.
Interior side yard setback for principal uses. The minimum side yard setback from an interior lot line or platted alley for principal uses shall be as follows:
1.
For a lot having a lot width less than 30 feet: Three feet.
2.
For a lot having a lot width of 30 to 60 feet: Five feet.
3.
For a lot having a lot width greater than 60 feet: Seven feet.
J.
Interior side yard setback for accessory uses. The minimum side yard setback from an interior lot line or platted alley for accessory use shall be three feet.
K.
Exceptions to front yard and side yard setbacks. The minimum front yard setback and the minimum side yard setback from a street may be reduced as follows:
1.
A covered porch attached to a principal use may extend not more than six feet into the required front yard setback and the required side yard setback from a street.
2.
An addition to an existing principal structure may extend into a required side yard setback provided all of the following conditions are met:
a.
The resulting setback is not less than three feet;
b.
The resulting sum of both side yard setbacks for a lot is equal to or greater than the sum of both required side yard setbacks for a lot; and
c.
The resulting distance from any principal structure on an adjacent lot shall not be less than ten feet for lots having a lot width equal to or greater than 30 feet, and shall not be less than six feet for lots having a lot width less than 30 feet.
L.
Rear yard setback. The rear yard setback shall be as follows:
1.
The minimum rear yard setback for principal uses shall be 25 feet.
2.
The minimum rear yard setback from a rear lot line for accessory uses shall be three feet except that there shall be no minimum rear yard setback from a rear lot line which is a common boundary line with a platted alley, provided, however, that garages with vehicle entrances facing an alley shall have a minimum rear yard setback of 20 feet from the right-of-way line of the alley which is opposite the rear lot line forming the common boundary with the alley.
(Code 1977, § 17.12.050; Ord. No. 1195-1995, § 3; Ord. No. 1519-2007, § 1, 6-5-2007; Ord. No. 1605-2011, § 1, 12-20-2011)
A.
Notwithstanding the provisions of section 17.12.050 to the contrary, there shall be granted within the Old Town overlay district a lot coverage bonus and a floor area ratio bonus for preserving the street-facing facade or for obtaining a landmark designation pursuant to chapter 15.36 of this Code. Such bonuses, referred to as the preservation bonus and the landmark bonus, shall be as set forth in subsection (B) of this section and shall be granted for qualifying projects as provided in subsection (C) of this section.
B.
The preservation bonus and landmark bonus be as follows:
1.
Table of Preservation and Landmark Bonuses:
2.
Additionally, for lots greater than 60 feet in width, the minimum side-yard interior setback requirement may be lowered to five feet and the minimum side-yard street setback requirement may be lowered to ten feet as a part of the preservation bonus.
3.
Additionally, if the front setback on the property is nonconforming and foundation work is needed to obtain a preservation bonus or landmark bonus, then such work will not trigger the need to bring the nonconforming setback into compliance.
_____
C.
To qualify for a preservation bonus or a landmark bonus, the residential project for which such bonus is requested must meet each of the following requirements:
1.
The house must be at least 50 years old.
2.
The project must save and preserve the full width of the front street-facing facade of the house as well a minimum amount of the original sidewalls or other features adjoining the front street-facing facade. Such minimum amount shall be ten feet or 25 percent of the depth of the house, whichever is less, and the project must save and preserve all walls, porches, windows, and architectural elements located partially or entirely in such minimum footage.
3.
The project shall not include a new addition attaching to the front street-facing facade or to the preserved original wall or architectural elements.
4.
Any second story addition to an existing structure shall be set back 12 feet from the front wall of the existing front street-facing facade.
5.
The second floor square footage shall be no more than 75 percent of the total square footage of the lower floor.
6.
In order to obtain a landmark bonus, a landmark designation must also be obtained pursuant to the provisions of chapter 15.36 of this Code. The landmark resolution must be adopted prior to granting of any landmark bonus.
D.
Nothing in this section 17.12.055 affects the requirement to obtain a landmark alteration certificate for a project, when and to the extent required by chapter 15.36 of this Code. The applicant for a landmark alteration certificate may request that any approved certificate include a preservation bonus or landmark bonus as authorized by this section.
E.
The planning department shall administer the provisions of this section. Projects that qualify for a preservation bonus or landmark bonus shall be granted such bonus by administrative action of planning department, which grant shall be evidence by written instrument issued by the planning department and signed by the director of planning or his designee. Reference to an approved preservation bonus or landmark bonus may also be set forth in any landmark alteration certificate(s) or building permit(s).
F.
Eligibility for, receipt of, or an interest in fully utilizing any preservation bonus or landmark bonus shall not constitute grounds for the granting of a variance from any other provision of this title.
(Ord. No. 1519-2007, § 2, 6-5-2007)
Within the area designated as the westerly portion of Downtown Louisville, as defined in Chapter 17.08, the maximum floor area shall be 475,000 square feet. No development shall be permitted within the westerly portion of Downtown Louisville once a maximum floor area of 475,000 square feet has been achieved within such area. To the extent that this section establishes a requirement which conflicts with a yard and bulk requirement set forth in any other applicable section of Title 17, the specific requirement of this section shall control. Any determination of maximum floor area for purposes of this section shall exclude the square footage of buildings owned by the city at the time of such determination.
(Ord. No. 1294-1999, § 2, 4-6-1999; Ord. No. 1497-2006, § 2, 8-1-2006; Ord. No. 1577-2010, § 1, 8-3-2010)
A.
Applicability. This section is applicable to all properties with industrial ("I") district zoning that are located within the Highway 42 Revitalization Area as of November 6, 2007.
B.
Intent. This section is intended to implement the Highway 42 Revitalization Area Comprehensive Plan as adopted by the city council on September 13, 2003, by Resolution No. 30, Series 2003, and as adopted by reference into the 2005 Citywide Comprehensive Plan. Specifically, this section furthers the city's intent to encourage the long-term development of a high-quality, mixed use neighborhood in the plan area, including residential uses, and to avoid potentially incompatible industrial and large-scale or heavy commercial growth.
C.
Limitation on existing industrial (I) district uses in the Highway 42 Plan Area.
1.
Existing I district uses may continue. Subject to the limitations stated in this subsection, uses of land existing on November 6, 2007, and subject to this section may continue and be maintained in reasonable repair until such time as the property owner or the city makes an application to rezone such property to a mixed use residential (MU-R) or a commercial community (CC) zone district as set forth in chapter 17.14.
2.
No new uses may be established. No new uses of land, or changes of use, may be established on I district zoned property in the Highway 42 Plan Area after November 6, 2007, except as part of, or subsequent to, an application to rezone such property to a mixed use residential (MU-R) or a commercial community (CC) zone district as set forth in chapter 17.14. Such new or changed use shall comply with the terms of the approved rezoning to a mixed use zone district, or commercial community district.
3.
No alteration, extension, or expansion allowed.
a.
After November 6, 2007, no structure on I district zoned property in the Highway 42 Plan Area shall be altered, extended, enlarged, or expanded under the terms of the existing I district zoning; provided, however, that (i) this provision shall not apply to work to extend an existing use to, or to establish a permitted I use within, a portion of a structure that was arranged or designed for such a use as of November 6, 2007; (ii) this provision shall not apply to work to alter, expand, or enlarge an existing use (including alterations to a structure housing an existing use) where the cost of work is less than 25 percent of the replacement value of the use or structure at the time of the proposed work; and (iii) this provision shall not apply to work involuntarily undertaken and specifically ordered by a federal, state or county regulatory agency to be completed to bring the property into compliance with applicable federal, state or county laws or regulations for the protection of the public health or the environment. This 25 percent limitation shall be a cumulative limit applied to all work occurring on a parcel after November 6, 2007.
b.
After November 6, 2007, no use of land that does not involve a structure may be extended or expanded to occupy additional area of the property under the terms of the existing I district zoning.
4.
Discontinuance of existing I district uses.
a.
If an existing use permitted under the I district zoning and involving a structure is discontinued from use for a period of one year, further use of the property shall be prohibited until the city approves an application for rezoning to a mixed use residential (MU-R) or a commercial community (CC) zone district as set forth in chapter 17.14. All such further use of the property shall comply with the terms of the approved rezoning to a mixed use residential (MU-R) or a commercial community (CC) zone district as set forth in chapter 17.14.
b.
If an existing use permitted under the I district zoning and not involving a structure is discontinued from use for a period of six months, further use of the property shall be prohibited until the city approves an application for rezoning to a mixed use residential (MU-R) or a commercial community (CC) zone district as set forth in chapter 17.14. All such further use of the property shall comply with the terms of the approved rezoning to a mixed use residential (MU-R) or a commercial community (CC) zone district as set forth in chapter 17.14.
(Ord. No. 1524-2007, § 2, 9-18-2007)
12 - DISTRICT REGULATIONS1
State Law reference— Authority to establish zoning districts, C.R.S. § 31-23-301 et seq.
A.
In order to implement the provisions of this title, the city establishes the following basic zoning districts:
1.
Agricultural A. The agricultural A district is comprised of areas which are primarily in a natural state, are utilized for the growing of crops and plant materials or where similar farming activities are practiced, or are appropriate for very low density residential use.
2.
Residential rural R-R. The residential rural R-R district is intended to provide for rural character, single-family areas, primarily on the fringe areas of the city planning area.
3.
Residential estate R-E. The residential estate R-E district is intended to provide an alternative to typical urban density single-family residential areas by providing for larger minimum lot areas.
4.
Residential low density R-L. The residential low density R-L district is comprised of typical urban density single-family residential areas.
5.
Residential medium density R-M. The residential medium density R-M district is comprised of areas which are primarily used for or permit multifamily development at duplex or townhouse densities.
6.
Residential high density R-H. The residential high density R-H district is comprised of areas primarily used for multi-unit residential development at apartment densities. It is a district to provide a high range of housing types to meet diversities in the housing market.
7.
Commercial neighborhood C-N. The commercial neighborhood C-N district is comprised of areas to accommodate mixed residential and commercial uses. Uses in this district shall be strictly reviewed to ensure compatibility.
8.
Commercial community C-C. The commercial community C-C is a district comprised of areas to provide for a restricted range of retail sales and services including opportunities for a limited variety of comparative shoppers' goods.
9.
Commercial business C-B. The commercial business C-B is a district comprised of areas to provide for a full range of retail sales and services including opportunities for a complete variety of comparative shoppers' goods.
10.
Industrial I. The industrial I district is comprised of areas which are primarily developed for nonoffensive types of industry, processing and manufacturing activities.
11.
Administrative office A-O. The administrative office A-O district is intended for nonretail use, mainly of a personal service nature. It is intended to have less impact than commercial uses in terms of traffic, types of use, advertising, and hours of operation and shall not have significant adverse impact upon residential uses. The applicant must demonstrate that uses proposed for the area in question shall meet the above criteria. In addition, limitations on the size of building sites, lot coverage, and other requirements shall exist; specifically, no parcel greater than three acres shall be an administrative office zone unless the parcel has been zoned office (O) prior to July 1, 1984.
12.
Business office B-O. The business office B-O district is intended for a broader range of uses than the administrative office zone, and possibly limited commercial activities. The business office B-O district and activities therein would be suitable for location in areas of higher intensity of use, with any development being adequately landscaped and integrated within itself in terms of urban design, traffic circulation, pedestrian usage and land use. Any allowed commercial activity in this zone shall not be located in a freestanding building separate from structures where approved uses exist. In addition, no commercial uses shall occupy more than 20 percent of the gross square footage of a development in this zone.
13.
Restricted rural residential R-RR. The restricted rural residential R-RR district is intended to provide very large lots of a rural character for very limited single-family development. The minimum lot size in this zone shall be one acre, however, there shall be no more than one residential unit constructed upon any parcel of less than five acres and no more than one unit per five acres or portion thereof for parcels over five acres.
14.
Administrative office transition AO-T. The administrative office transition AO-T district is intended to allow low intensity, nonretail commercial development on parcels which adjoin residential districts. Use, building and site development restrictions are intended to ensure compatibility with adjoining residential uses while affording reasonable use of property.
15.
Single-family low density SF-LD. The single-family low density SF-LD district provides for low density urban lots for use by medium to larger single-family dwellings.
16.
Single-family medium density SF-MD. The single-family medium density SF-MD district provides for medium density urban lots for use by average sized single-family dwellings.
17.
Single-family high density SF-HD. The single-family high density SF-HD district provides for high density urban lots for use by smaller sized single-family dwellings.
18.
Single-family rural SF-R. The single-family rural SF-R district provides areas of low density single-family dwellings in a rural setting away from the urban core. There shall be no more than one residential unit constructed upon any parcel of less than 2½ acres and no more than one unit per 2½ acres or portion thereof for parcels over five acres.
19.
Single-family estate SF-E. The single-family estate SF-E district provides low density estate lots intended for larger single-family dwellings common in suburban estate developments.
20.
Planned community zone district PCZD. The planned community zone district is described in chapter 17.72.
21.
Open space OS. The open space OS district is comprised of lands that have been designated open space land and placed in the district by the city council, after considering recommendations from the open space advisory board.
B.
After June 2, 1994 (the effective date of Ordinance No. 1147, Series 1994), no land shall be zoned or rezoned as a rural residential R-R zone district, a residential estate R-E zone district, or a residential low-density R-L zone district.
C.
In addition to the basic zoning districts established by this section, there is established an overlay zone district designated as the Old Town overlay district. This district is intended to encompass the historical Old Town residential area of the city in order to maintain its existing character. Regulations may be established for this district which shall apply in addition to, or as a modification of, the regulations established for any underlying basic zoning district encompassed within the Old Town overlay district.
(Code 1962, § 25-1-101; Ord. No. 424-1973, § 1; Ord. No. 485-1976, § 4; Code 1977, § 17.12.010; Ord. No. 556-1977, § 2; Ord. No. 585-1978, § 2; Ord. No. 692-1980, § 2; Ord. No. 838-1984, § 2; Ord. No. 1115-1993, § 2; Ord. No. 1147-1994, § 3; Ord. No. 1195-1995, § 2; Ord. No. 1597-2011, § 1, 8-2-2011)
The schedule of uses, schedule of yard and bulk requirements, and implementary regulations pertaining to the various zoning districts, as set out in this chapter, are declared to be part of this title and may be amended in the same manner as any other part of this title.
(Code 1962, § 25-2-102; Ord. No. 424-1973, § 1; Code 1977, § 17.12.020)
In each zoning district, any use group category not expressly permitted shall be deemed excluded. If there is a question pertaining to interpretation of any specific use as to whether it does or does not come within the following express use groups, any applicant may apply to the board of zoning adjustment for the determination of whether a specific use is expressly permitted. In the following table, uses expressly permitted are designated "yes," uses prohibited are designated "no," and uses permitted by special review are designated "R." For uses designated "A," "A, R," and "No, A, R" see explanatory notes in subsection 17.42.020(C) Use group categories expressly permitted within the AO-T zone district and uses permitted by special review within the AO-T zone district are designated in sections 17.13.020 and 17.13.030 of this title.
Notes:
*AO-T uses are described in chapter 17.13.
**PCZD uses are discussed in chapter 17.72.
***MU-R uses are discussed in chapter 17.14.
****OS The designated classifications of open space lands are set forth in the Open Space Master Plan approved by city council. Provisions regarding the use and management of open space lands are found in the Open Space Master Plan, Article 15 of the City Charter, and Title 4 of this Code.
A.
Smoke. No operation shall be conducted unless it conforms to the standards established by the state department of public health and environment's rules and regulations pertaining to smoke emission.
B.
Particulate matter. No operation shall be conducted unless it conforms to the standards of the department of public health and environment's rules and regulations pertaining to particulate matter.
C.
Dust, odor, gas, fumes, glare or vibration. No operation shall be conducted unless it conforms to the standards of the department of public health and environment's rules and regulations pertaining to emission of dust, odor, gas, fumes, glare or vibration.
D.
Radiation hazards and electrical disturbances. No operation shall be conducted unless it conforms to the standards of the department of public health and environment's rules and regulations pertaining to radiation control.
E.
Noise. No operation shall be conducted unless it conforms to the standards of the department of public health and environment's rules and regulations pertaining to noise.
F.
Water pollution. No operation shall be conducted unless it conforms to the standards of the department of public health and environment's rules and regulations pertaining to water pollution.
*****No retail marijuana establishment or medical marijuana business shall be located, permitted or licensed to operate in Downtown Louisville as defined by section 17.08.113 of this Code.
******A live-work use and development is allowed only within the portions of the Community Commercial and Community Business Zone Districts within the area designated as Downtown Louisville, as defined in chapter 17.08.113.
(Code 1977, § 17.12.030; Ord. No. 692-1980, § 24; Ord. No. 715-1981, § 16; Ord. No. 838-1984, § 3; Ord. No. 1072-1992, § 1; Ord. No. 1115-1993, §§ 3, 4; Ord. No. 1147-1994, § 4; Ord. No. 1200-1995, § 1; Ord. No. 1264-1997, §§ 4, 9, 8-19-1997; Ord. No. 1281-1998, § 3, 8-4-1998; Ord. No. 1298-1999, § 9, 6-1-1999; Ord. No. 1374-2001, § 1, 2-5-2002; Ord. No. 1591-2011, § 3, 3-15-2011; Ord. No. 1597-2011, § 2, 8-2-2011; Ord. No. 1615-2012, § 2, 6-19-2012; Ord. No. 1629-2013, §§ 2, 3, 4-16-2013; Ord. No. 1632-2013, § 1, 6-4-2013; Ord. No. 1650-2013, § 2, 12-17-2013; Ord. No. 1665-2014, § 2, 5-20-2014; Ord. No. 1691-2015, § 2, 6-2-2015; Ord. No. 1716-2016, §§ 1, 2, 3-8-2016; Ord. No. 1754-2018, § 1, 2-6-2018; Ord. No. 1763-2018, § 2, 10-2-2018; Ord. No. 1769-2019, § 31, 2-5-2019; Ord. No. 1777-2019, § 12, 7-23-2019; Ord. No. 1802-2020, § 2, 11-17-2020; Ord. No. 1829-2022, § 2, 5-3-2022; Ord. No. 1887-2024, § 2, 12-3-2024)
FOOTNOTES
1.
Eight thousand square feet for a corner lot except in A, SF-MD and R-E zoning districts.
2.
These requirements for the C-C district shall not be applicable in the area designated as the central business district which is an area bounded by South Street on the north, the Colorado and Southern Railroad tracks on the east, Elm Street on the south and La Farge Street on the west.
3.
Or, only in the case of principal structure, or structures, an established setback line.
4.
No part of any structure may project into an easement. For side yards adjoining the back yard of another lot, a 15-foot side yard setback in the SF-HD zone and a 20-foot setback in all other zones is required.
5.
A side yard must be provided if abutting a residential zone.
6.
On cul-de-sac or curved lots, the front footage may be reduced upon approval by the city; however, in no case shall the front footage be less than 35 feet.
7.
Density and minimum lot area for residential use in the C-N, C-C, and C-B districts shall be computed only for the area to be used for residential purposes.
8.
However, these limitations shall not affect the requirement that there will be no more than one dwelling unit on any parcel of five acres or less within the R-RR zone or that there shall be no more than one unit per five acres or portion thereof for parcels over five acres, nor shall the limitations affect the requirement that there will be no more than one dwelling unit on any parcel of two and one-half acres or less within the SF-R zone or that there shall be no more than one unit per two and one-half acres or portion thereof for parcels over two and one-half acres.
9.
The minimum front yard setback requirements for buildings in existence on the date of the enactment of Ordinance No. 1147, Series 1994, and located in a zone district for which such requirements were amended by such ordinance shall be the minimum front yard setback requirements applicable to those districts which were in effect immediately prior to the enactment of Ordinance No. 1147.
10.
The maximum building height for principal uses in the C-N, C-C and C-B zone districts is 35 feet, and 42 feet to the top of the rooftop mechanical screen, except that (a) for the commercial Core Area of Downtown Louisville, as designated in the Design Handbook for Downtown Louisville, the maximum building height for principal uses shall be 45 feet with no more than three stories (inclusive of habitable attic space), and inclusive of any parapet or rooftop mechanical screen or any other architectural element, and subject to further reduction as provided in the following sentence; and (b) for the Transition Area of Downtown Louisville, as designated in the Design Handbook for Downtown Louisville, the maximum building height for principal uses shall be 35 feet with no more than two stories (inclusive of habitable attic space), and inclusive of any parapet or rooftop mechanical screen or any other architectural element, and subject to further reduction as provided in the following sentence. As part of any subdivision or development plan approval, the city council may require a lower maximum building height within such commercial Core Area or Transition Area of Downtown Louisville based on application of criteria set forth in titles 16 and 17 and the Design Handbook for Downtown Louisville, and in order to ensure varied building heights and the appearance of a two-story building mass from the street pedestrian scale. For any building governed by this note 10, architectural elements such as domes, dormers, spires, towers, etc. may exceed the applicable height limit when authorized through the PUC process.
11.
The maximum lot coverage for the R-E zone district shall be as follows:
a.
For a lot having a lot area of less than 5,000 square feet: 35 percent;
b.
For a lot having a lot area of 5,000 to 9,000 square feet: 30 percent, or 1,750 sf whichever is greater;
c.
For a lot having a lot area of 9,001 to 12,000 square feet: 25 percent, or 2,700 sf whichever is greater;
d.
For a lot having a lot area of 12,001 square feet or greater: 20 percent, or 3,000 sf whichever is greater.
General note: Fences are not subject to the setbacks specified in this section. See section 17.16.120.
(Code 1962, § 25-2-102(B); Ord. No. 424-1973, § 1; Ord. No. 485-1976, § 6; Ord. No. 502-1976, § 10; Code 1977, § 17.12.040; Ord. No. 556-1977, § 5; Ord. No. 585-1978, § 6; Ord. No. 692-1980, § 3; Ord. No. 715-1981, § 17; Ord. No. 769-1982, § 11; Ord. No. 838-1984, § 4; Ord. No. 1147-1994, § 5; Ord. No. 1181-1995, § 1, 2-21-1995; Ord. No. 1286-1998, § 1, 10-20-1998; Ord. No. 1497-2006, § 1, 8-1-2006; Ord. No. 1770-2019, § 1, 2-5-2019)
A.
Conflicting requirements. Within the area designated on the zoning district map as the Old Town overlay district, the regulations of this section shall apply in addition to any other applicable section of this title. To the extent that a specific yard and bulk requirement set forth in this section establishes a standard or requirement which conflicts with a yard and bulk requirement set forth in any other applicable section of this title, the specific requirement of this section shall control.
B.
Building height. The maximum building height for principal uses shall not exceed 27 feet.
C.
Design and slope of roof.
1.
80 percent of the roof surface area of all roofs on each structure on a property must have a pitch of 6:12 or greater.
2.
The roof pitch that constitutes more than 50 percent of the roof surface area shall be considered the existing roof pitch. Additions to existing homes where the existing roof pitch is less than 6:12 shall be exempt from the requirements of subsection (C)(1) of this section. Such additions shall continue the existing roof pitch, or may have a lesser roof pitch as long as no more than 20 percent of the entire structure, including addition, has a roof pitch less than the existing roof pitch.
3.
Additions to existing homes which remove and rebuild 50 percent or more of the existing roof must meet the requirements of subsection (C)(1) of this section.
4.
Structures under 120 square feet are exempt from the requirements of this subsection (C).
D.
Lot coverage. The maximum lot coverage (expressed as square feet of lot area or as a percentage of lot area) shall be as follows:
1.
For a lot having a lot area of less than 4,000 square feet: 40 percent.
2.
For a lot having a lot area of 4,000 to 5,999 square feet: 1,600 square feet or 37.5 percent, whichever is greater.
3.
For a lot having a lot area of 6,000 to 6,999 square feet: 2,250 square feet or 35 percent, whichever is greater.
4.
For a lot having a lot area greater than 7,000 square feet: 2,450 square feet or 30 percent, whichever is greater.
E.
Floor area ratio. For the purposes of this subsection, the term "floor area ratio" shall not include the floor area of basements if more than one-half of the vertical distance between the basement floor and ceiling is below the grade of the site, or the floor area of unenclosed porches, balconies, canopies, decks, or patios. The maximum floor area ratio shall be as follows:
1.
For a lot having a lot area of less than 4,000 square feet: 0.50.
2.
For a lot having a lot area of 4,000 to 5,999 square feet: 0.45 or 1,999 square feet, whichever is greater.
3.
For a lot having a lot area of 6,000 to 6,999 square feet: 0.40 or 2,699 square feet, whichever is greater.
4.
For a lot having a lot area greater than 7,000 square feet: 0.35 or 2,799 square feet, whichever is greater.
F.
Front yard setback. The minimum front yard setback for principal uses shall be 20 feet unless reduced per section 17.16.080. The maximum front yard setback shall be the lesser of 25 feet or five feet plus the minimum front yard setback determined per section 17.16.080.
G.
Access and front setback requirements for garages. Where a developed alley with a minimum right-of-way width of 15 feet, or a side street, adjoins a rear or side lot line of a lot, access to a garage or off-street parking space from a street adjoining a front lot line shall be prohibited. Where the only access available to a lot is from a street adjoining the front lot line, the minimum front yard setback for an attached or detached garage shall be not less than 20 feet greater than the setback between the front property line and the front building line of the dwelling.
H.
Street side yard setback. The minimum side yard setback from a street for principal and accessory uses shall be as follows:
1.
For a lot having a lot width less than 30 feet: Eight feet.
2.
For a lot having a lot width of 30 to 60 feet: Ten feet.
3.
For a lot having a lot width greater than 60 feet: 15 feet.
I.
Interior side yard setback for principal uses. The minimum side yard setback from an interior lot line or platted alley for principal uses shall be as follows:
1.
For a lot having a lot width less than 30 feet: Three feet.
2.
For a lot having a lot width of 30 to 60 feet: Five feet.
3.
For a lot having a lot width greater than 60 feet: Seven feet.
J.
Interior side yard setback for accessory uses. The minimum side yard setback from an interior lot line or platted alley for accessory use shall be three feet.
K.
Exceptions to front yard and side yard setbacks. The minimum front yard setback and the minimum side yard setback from a street may be reduced as follows:
1.
A covered porch attached to a principal use may extend not more than six feet into the required front yard setback and the required side yard setback from a street.
2.
An addition to an existing principal structure may extend into a required side yard setback provided all of the following conditions are met:
a.
The resulting setback is not less than three feet;
b.
The resulting sum of both side yard setbacks for a lot is equal to or greater than the sum of both required side yard setbacks for a lot; and
c.
The resulting distance from any principal structure on an adjacent lot shall not be less than ten feet for lots having a lot width equal to or greater than 30 feet, and shall not be less than six feet for lots having a lot width less than 30 feet.
L.
Rear yard setback. The rear yard setback shall be as follows:
1.
The minimum rear yard setback for principal uses shall be 25 feet.
2.
The minimum rear yard setback from a rear lot line for accessory uses shall be three feet except that there shall be no minimum rear yard setback from a rear lot line which is a common boundary line with a platted alley, provided, however, that garages with vehicle entrances facing an alley shall have a minimum rear yard setback of 20 feet from the right-of-way line of the alley which is opposite the rear lot line forming the common boundary with the alley.
(Code 1977, § 17.12.050; Ord. No. 1195-1995, § 3; Ord. No. 1519-2007, § 1, 6-5-2007; Ord. No. 1605-2011, § 1, 12-20-2011)
A.
Notwithstanding the provisions of section 17.12.050 to the contrary, there shall be granted within the Old Town overlay district a lot coverage bonus and a floor area ratio bonus for preserving the street-facing facade or for obtaining a landmark designation pursuant to chapter 15.36 of this Code. Such bonuses, referred to as the preservation bonus and the landmark bonus, shall be as set forth in subsection (B) of this section and shall be granted for qualifying projects as provided in subsection (C) of this section.
B.
The preservation bonus and landmark bonus be as follows:
1.
Table of Preservation and Landmark Bonuses:
2.
Additionally, for lots greater than 60 feet in width, the minimum side-yard interior setback requirement may be lowered to five feet and the minimum side-yard street setback requirement may be lowered to ten feet as a part of the preservation bonus.
3.
Additionally, if the front setback on the property is nonconforming and foundation work is needed to obtain a preservation bonus or landmark bonus, then such work will not trigger the need to bring the nonconforming setback into compliance.
_____
C.
To qualify for a preservation bonus or a landmark bonus, the residential project for which such bonus is requested must meet each of the following requirements:
1.
The house must be at least 50 years old.
2.
The project must save and preserve the full width of the front street-facing facade of the house as well a minimum amount of the original sidewalls or other features adjoining the front street-facing facade. Such minimum amount shall be ten feet or 25 percent of the depth of the house, whichever is less, and the project must save and preserve all walls, porches, windows, and architectural elements located partially or entirely in such minimum footage.
3.
The project shall not include a new addition attaching to the front street-facing facade or to the preserved original wall or architectural elements.
4.
Any second story addition to an existing structure shall be set back 12 feet from the front wall of the existing front street-facing facade.
5.
The second floor square footage shall be no more than 75 percent of the total square footage of the lower floor.
6.
In order to obtain a landmark bonus, a landmark designation must also be obtained pursuant to the provisions of chapter 15.36 of this Code. The landmark resolution must be adopted prior to granting of any landmark bonus.
D.
Nothing in this section 17.12.055 affects the requirement to obtain a landmark alteration certificate for a project, when and to the extent required by chapter 15.36 of this Code. The applicant for a landmark alteration certificate may request that any approved certificate include a preservation bonus or landmark bonus as authorized by this section.
E.
The planning department shall administer the provisions of this section. Projects that qualify for a preservation bonus or landmark bonus shall be granted such bonus by administrative action of planning department, which grant shall be evidence by written instrument issued by the planning department and signed by the director of planning or his designee. Reference to an approved preservation bonus or landmark bonus may also be set forth in any landmark alteration certificate(s) or building permit(s).
F.
Eligibility for, receipt of, or an interest in fully utilizing any preservation bonus or landmark bonus shall not constitute grounds for the granting of a variance from any other provision of this title.
(Ord. No. 1519-2007, § 2, 6-5-2007)
Within the area designated as the westerly portion of Downtown Louisville, as defined in Chapter 17.08, the maximum floor area shall be 475,000 square feet. No development shall be permitted within the westerly portion of Downtown Louisville once a maximum floor area of 475,000 square feet has been achieved within such area. To the extent that this section establishes a requirement which conflicts with a yard and bulk requirement set forth in any other applicable section of Title 17, the specific requirement of this section shall control. Any determination of maximum floor area for purposes of this section shall exclude the square footage of buildings owned by the city at the time of such determination.
(Ord. No. 1294-1999, § 2, 4-6-1999; Ord. No. 1497-2006, § 2, 8-1-2006; Ord. No. 1577-2010, § 1, 8-3-2010)
A.
Applicability. This section is applicable to all properties with industrial ("I") district zoning that are located within the Highway 42 Revitalization Area as of November 6, 2007.
B.
Intent. This section is intended to implement the Highway 42 Revitalization Area Comprehensive Plan as adopted by the city council on September 13, 2003, by Resolution No. 30, Series 2003, and as adopted by reference into the 2005 Citywide Comprehensive Plan. Specifically, this section furthers the city's intent to encourage the long-term development of a high-quality, mixed use neighborhood in the plan area, including residential uses, and to avoid potentially incompatible industrial and large-scale or heavy commercial growth.
C.
Limitation on existing industrial (I) district uses in the Highway 42 Plan Area.
1.
Existing I district uses may continue. Subject to the limitations stated in this subsection, uses of land existing on November 6, 2007, and subject to this section may continue and be maintained in reasonable repair until such time as the property owner or the city makes an application to rezone such property to a mixed use residential (MU-R) or a commercial community (CC) zone district as set forth in chapter 17.14.
2.
No new uses may be established. No new uses of land, or changes of use, may be established on I district zoned property in the Highway 42 Plan Area after November 6, 2007, except as part of, or subsequent to, an application to rezone such property to a mixed use residential (MU-R) or a commercial community (CC) zone district as set forth in chapter 17.14. Such new or changed use shall comply with the terms of the approved rezoning to a mixed use zone district, or commercial community district.
3.
No alteration, extension, or expansion allowed.
a.
After November 6, 2007, no structure on I district zoned property in the Highway 42 Plan Area shall be altered, extended, enlarged, or expanded under the terms of the existing I district zoning; provided, however, that (i) this provision shall not apply to work to extend an existing use to, or to establish a permitted I use within, a portion of a structure that was arranged or designed for such a use as of November 6, 2007; (ii) this provision shall not apply to work to alter, expand, or enlarge an existing use (including alterations to a structure housing an existing use) where the cost of work is less than 25 percent of the replacement value of the use or structure at the time of the proposed work; and (iii) this provision shall not apply to work involuntarily undertaken and specifically ordered by a federal, state or county regulatory agency to be completed to bring the property into compliance with applicable federal, state or county laws or regulations for the protection of the public health or the environment. This 25 percent limitation shall be a cumulative limit applied to all work occurring on a parcel after November 6, 2007.
b.
After November 6, 2007, no use of land that does not involve a structure may be extended or expanded to occupy additional area of the property under the terms of the existing I district zoning.
4.
Discontinuance of existing I district uses.
a.
If an existing use permitted under the I district zoning and involving a structure is discontinued from use for a period of one year, further use of the property shall be prohibited until the city approves an application for rezoning to a mixed use residential (MU-R) or a commercial community (CC) zone district as set forth in chapter 17.14. All such further use of the property shall comply with the terms of the approved rezoning to a mixed use residential (MU-R) or a commercial community (CC) zone district as set forth in chapter 17.14.
b.
If an existing use permitted under the I district zoning and not involving a structure is discontinued from use for a period of six months, further use of the property shall be prohibited until the city approves an application for rezoning to a mixed use residential (MU-R) or a commercial community (CC) zone district as set forth in chapter 17.14. All such further use of the property shall comply with the terms of the approved rezoning to a mixed use residential (MU-R) or a commercial community (CC) zone district as set forth in chapter 17.14.
(Ord. No. 1524-2007, § 2, 9-18-2007)