Unless otherwise specified, district boundaries are lot lines or the centerline of streets, alleys, railroad rights-of-way, or such lines extended. Where a district divides a land parcel under a single ownership into two districts, then the entire parcel shall be zoned for the less restrictive use by the adjustment of the boundaries, provided the boundary adjustment is a distance of less than 20 feet. If the adjustment involves a distance of more than 20 feet, the procedures for a rezoning shall be followed.

(Code 1977, § 17.16.010; Ord. No. 715-1981, § 2)

Permitted uses and uses permitted by special review may be located in the same building.

(Code 1962, § 25-4-101; Ord. No. 424-1973, § 1; Code 1977, § 17.16.020)

Accessory uses shall comply with all requirements for the principal use except where specifically modified by this title, and shall also comply with the following limitations:

A.

A greenhouse or hothouse may be maintained accessory to a dwelling only if there are no sales from the premises.

B.

A guesthouse may be maintained in a residential district accessory to a dwelling provided such guesthouse is used for the occasional housing of guests of the occupants of the principal dwelling, and so long as such guesthouse is not used for commercial purposes and no charge is made for the use of such premises.

C.

The minimum rear yard setback from a rear lot line for accessory structures shall be ten feet. No part of an accessory building (including eaves and overhangs) shall be located any closer than five feet to any principal structure, either on the same lot or an adjacent lot, in residential zone districts. No part of an accessory building (including eaves and overhangs) shall be located any closer than ten feet to any principal structure, either on the same lot or an adjacent lot, in nonresidential zone districts.

D.

Accessory buildings on corner lots shall be set back from the side street a distance not less than that required for the principal building.

E.

Accessory structures and uses shall comply with the yard and bulk regulations applicable in the district in which they are located as set forth under chapters 17.12 and 17.13.

(Code 1962, § 25-4-103; Ord. No. 424-1973, § 1; Ord. No. 485-1976, § 10; Code 1977, § 17.16.030; Ord. No. 715-1981, § 4; Ord. No. 1147-1994, § 6; Ord. No. 1195-1995, § 4; Ord. No. 1614-2012, § 1, 6-5-2012)

Home occupations shall be allowed as a permitted accessory use governed by the following regulations:

A.

Home occupations must be clearly secondary to the use of the building and shall not occupy more than 20 percent of the total floor area of the main building; or if located in an accessory building, shall not occupy more than five percent of the total lot area.

B.

Home occupations shall be operated entirely from an enclosed structure with no exterior storage of materials or equipment.

C.

There shall be no visible evidence of the operation, and it shall not change the residential character thereof.

D.

The operation shall not generate objectionable traffic in the area, and off-street parking must be provided to accommodate all needs created by the home occupation.

E.

The operation shall not be objectionable due to odor, dust, smoke, noise, vibration or other similar causes.

F.

There must be no advertising display or sign on the premises.

G.

No home occupation shall cause an increase of any one or more utilities so that the combined total use for the location exceeds the average for residences in the neighborhood.

H.

The following uses, because of their tendency to go beyond the limits permitted for home occupations and thereby impair the use and value of the residential area, shall not be permitted as home occupations: auto repair or motorized implement repair; dance, music or other types of instruction (if more than four students being instructed at one time); dental offices; medical offices; natural medicine businesses; medical marijuana businesses; medical marijuana optional premises cultivation operations; retail marijuana establishments; retail marijuana cultivation facilities; the painting of vehicles, trailers or boats; private schools with organized classes; radio and television repair; barber and/or beauty shop; welding shops; nursing homes; massage therapy by a massage therapist; sexually oriented businesses; and, irrespective of whether the use may be categorized as a sexually oriented business, any retail or wholesale sales to consumers upon the premises of any types of materials specified in this title which describe or depict specified sexual activities or specified anatomical areas.

(Code 1962, § 25-4-104; Ord. No. 424-1973, § 1; Code 1977, § 17.16.040; Ord. No. 715-1981, § 4; Ord. No. 1048-1991, § 1; Ord. No. 1298-1999, § 10, 6-1-1999; Ord. No. 1557-2009, § 2, 10-6-2009; Ord. No. 1591-2011, § 4, 3-15-2011; Ord. No. 1650-2013, § 4, 12-17-2013; Ord. No. 1769-2019, § 32, 2-5-2019; Ord. No. 1887-2024, § 5, 12-3-2024)

Cornices, eaves, canopies, sunshades, gutters, chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, and other similar architectural features may project not more than three feet into a required yard or into required open space as established by coverage standards.

(Code 1962, § 25-4-105; Ord. No. 424-1973, § 1; Code 1977, § 17.16.050)

No lot area, yard or other open space, or required off-street parking or loading area existing on or after the effective date of the ordinance codified in this chapter shall be reduced in area, dimension, or size below the minimum required by this title; nor shall any lot area, yard or other open space, or off-street parking or loading area which is required by this title for one use be used as the lot area, yard or other open space, or off-street parking or loading area requirement for any other use.

(Code 1962, § 25-4-106; Ord. No. 424-1973, § 1; Code 1977, § 17.16.060)

If, at the time of passage of the ordinance codified in this chapter, a lot, or the aggregate of contiguous lots or land parcels held in a single ownership, has an area or dimension in which the property is located, the lot or aggregate holdings may be occupied by any use permitted outright in the district subject to the other requirements of the district.

(Code 1962, § 25-4-107; Ord. No. 424-1973, § 1; Ord. No. 485-1976, § 11; Code 1977, § 17.16.070)

The following exceptions to the front yard requirement for dwellings abutting local streets, not including collector or arterial streets, are authorized for a lot in any district:

A.

If there are dwellings on both abutting lots with front yards of less than the required depth for the district, the front yard for the lot need not exceed the average front yard of the abutting dwellings.

B.

If there is a dwelling on one abutting lot with a front yard of less than the required depth for the district, the front yard for the lot need not exceed a depth one-half way between the depth of the abutting lot and the required front yard depth.

(Code 1962, § 25-4-108; Ord. No. 424-1973, § 1; Code 1977, § 17.16.080)

A.

Building height shall be measured from the average of the natural grade at the highest and lowest exterior corners of the structure. If the lot is part of a development with an over-lot grading plan that has been approved through a final plat, final planned unit development, or general development plan, the building height shall be measured from the grade established by such over-lot grading plan.

B.

If the natural grade has been disturbed prior to development and an over-lot grading plan has not been approved then the planning director shall determine the natural grade based on the best topographical information and mapping available for the lot.

C.

The following type of structures or structural parts are not subject to the building height limitations of this title: chimneys, tanks, church spires, belfries, monuments, fire and hose towers, flagpoles, commercial radio and television towers, masts, aerials, cooling towers, elevator shafts and ranch and farm accessory uses.

(Code 1977, § 17.16.090; Ord. No. 585-1978, § 4; Ord. No. 1286-1998, § 4, 10-20-1998; Ord. No. 1807-2021, § 2, 5-18-2021)

A.

A vision clearance area shall contain no plantings, walls, structures or temporary or permanent obstructions exceeding two and one-half feet in height, measured from the top of the curb or existing grade, unless such structure or obstructions are more than 80 percent open.

B.

The minimum distance establishing the size of the vision clearance area shall be 30 feet measured from the curb lines of the streets, except that at intersections including an alley, the minimum distance shall be 15 feet measured from the curb lines of the street and right-of-way lines of the alley.

C.

Vision clearance areas shall not be required at street intersections not including an alley in the area designated as the central business district, except with respect to fences and structures similar to fences. Vision clearance areas at intersections including an alley are required in the area designated as the central business district with respect to all the requirements of subsection A. The minimum distance establishing such vision clearance areas shall be 15 feet measured from the curb lines of the street and the right-of-way lines of the alley.

D.

Where a designated recreational trail intersects a street, there shall be a vision clearance area and the minimum distance establishing such area shall be 15 feet measured from the curb lines of the street and the edge of the trail.

(Code 1962, § 25-4-110; Ord. No. 424-1973, § 1; Ord. No. 485-1976, § 12; Code 1977, § 17.16.100; Ord. No. 715-1981, § 7; Ord. No. 1609-2011, § 2, 1-3-2012)

Cross reference— Vehicles and traffic, tit. 10; streets and sidewalks, tit. 12.

A.

Exterior activity areas such as parking areas and storage areas shall be screened by means of plant materials, earth mounding, architectural screens or siting so as to provide visual and aural separation between these elements and adjacent property.

B.

Screening shall not exceed six feet in height, except that salvage junkyards shall be screened with an eight foot high opaque solid fence or earth mounding so as to provide visual and aural separation between such use and adjacent areas.

(Code 1962, § 25-4-111; Ord. No. 424-1973, § 1; Ord. No. 485-1976, § 13; Code 1977, § 17.16.110)

A.

No fence, wall, or hedge shall exceed six feet in height except as required for screening, recreational purposes approved by the planning commission, or unique security requirements approved by the planning commission.

B.

No fence, wall, or hedge exceeding four feet in height shall be located in any required front yard.

C.

Regardless of the provisions of subsections A and B of this section, no fence, wall or hedge exceeding 2½ feet in height shall be located in any vision clearance area of a street intersection unless such fence, wall or hedge shall be more than 80 percent open.

D.

No fence, wall, or hedge shall be located so as to extend into street or alley rights-of-way.

E.

If a planned unit development requires a fence constructed of wood or another combustible material, a property owner may install a noncombustible fence for the portion of the fence that connects the principal structure to the side property line, provided that:

1.

The fence matches the height the limit set forth in the planned unit development; and

2.

The fence shall match the design intent for openness or solid construction set forth in the planned unit development.

(Code 1962, § 25-4-112; Ord. No. 424-1973, § 1; Ord. No. 485-1976, § 13; Ord. No. 502-1976, § 2; Code 1977, § 17.16.120; Ord. No. 585-1978, § 21; Ord. No. 715-1981, § 4; Ord. No. 1147-1994, § 6; Ord. No. 1195-1995, § 4; Ord. No. 1838-2022, § 1, 9-6-2022)

No part of a principal building (including eaves and overhangs) shall be located closer than five feet to any other principal building on the same lot in residential zone districts. No part of a principal building (including eaves and overhangs) shall be located closer than ten feet to any other principal building on the same lot in nonresidential zone districts.

(Code 1977, § 17.16.130; Ord. No. 585-1978, § 23; Ord. No. 1614-2012, § 2, 6-5-2012)

In districts where permitted, the densities for the following uses shall be computed as follows:

A.

Accommodations for two occupants in any roominghouse, fraternity, sorority or dormitory shall be considered to be one dwelling unit.

B.

Three rooming units in any hotel, motel, or boarding house shall be considered to be one dwelling unit.

C.

Six occupants in any residential institution such as a nursing home, retirement home, convalescent home, rest home or children's home shall be considered to be one dwelling unit.

D.

No type of use listed in this section and permitted by right or special review under Title 17 of this Code, and no type of use which may be located within the city pursuant to C.R.S. § 31-23-303(2), shall be occupied by more than one person who has been adjudged by a court of law as a sex offender and who is required to register as such within the community of his residence in accordance with the provisions of the C.R.S. § 18-3-412.5, if such use is or will be established within an area zoned for residential use.

(Code 1962, § 25-4-113; Ord. No. 424-1973, § 1; Code 1977, § 17.16.140; Ord. No. 1340-2000, §§ 2, 3)

The renting of rooms to one person not a member of the family residing in the same dwelling unit may be permitted as an accessory use provided the following conditions are met:

A.

Quarters used by the roomers must not be more than one-third of the total floor area of the dwelling unit; and

B.

The dwelling unit must have only one meter for each utility.

(Code 1962, § 25-4-114; Ord. No. 424-1973, § 1; Code 1977, § 17.16.150)

A.

Rentals in an extended stay lodging facility shall be based on a daily rental rate. The rental term for occupancy in an extended stay lodging facility shall be for a period of less than 30 consecutive days. Guests may not rent a unit or units in any extended stay lodging facility for succeeding terms totaling longer than 90 consecutive days in any one visit, or for more than 120 days in any calendar year, regardless of the base rental term, and guests may not utilize a unit or units for the storage of items other than personal or business belongings.

B.

An extended stay lodging facility shall at all times maintain an annual business license from the city. The rental of a unit or units in an extended stay lodging facility shall constitute a taxable sale or sale and purchase within the meaning of C.R.S. § 39-26-102(11), and all applicable taxes shall be remitted thereon in accordance with requirements applicable to normal hotel/motel operations.

C.

Unless specifically authorized pursuant to this title, no extended stay lodging facility, or any unit or units therein, shall be converted to a multi-unit dwelling or a multifamily dwelling, as defined in this title, or to any other form of a permanent residence.

(Ord. No. 1281-1998, § 4, 8-4-1998)

Regulations pertaining to control of certain animals in the city are specified in title 6.

(Code 1962, § 25-4-115; Ord. No. 424-1973, § 1; Code 1977, § 17.16.160)

Cross reference— Animals, tit. 6.

A.

A swimming pool or spa may be permitted in any district as an accessory use subject to applicable building codes adopted by the city and requirements of subsection B.

B.

Swimming pools and spas are subject to the yard and bulk standards set forth in this chapter for accessory uses. No public or private swimming pool or spa may be located in any required front yard or side yard abutting a street.

(Code 1962, § 25-4-116; Ord. No. 424-1973, § 1; Code 1977, § 17.16.170; Ord. No. 1813-2021, § 1, 8-17-2021)

Cross reference— Uniform swimming pool, spa and hot tub code, ch. 15.44.

A.

Permitted uses. The following uses of land are permitted in the designated zoning districts subject to the applicable regulations of the district in which the use is located, and subject to the following regulations:

1.

Seasonal sales facility:

a.

Definition: A facility for the sale of agricultural products that are seasonal in nature, including produce, nursery stock, and Christmas trees and related seasonal decorations.

b.

Districts permitted: Nonresidential zone districts by temporary use permit, except that any outside sales shall be allowed in developed commercial centers only. The use must be compatible with the zone district in which it is located.

c.

Time restriction: Not to exceed 45 days, or 60 days if approved through the public hearing approval process.

d.

Required off-street parking: Parking spaces having a durable and dustless surface maintained for all-weather use shall be provided and may be satisfied by using existing parking spaces for other uses located within 500 feet of the seasonal sales site. The operator has the burden of demonstrating that the parking needs of the use are adequately accommodated.

e.

Ingress and egress: Hard surface all-weather ingress and egress, as approved by the public works department, shall be provided.

f.

Setback: Display of Christmas trees need not comply with the yard and setback requirements of this title provided that no tree shall be displayed within a vision clearance area.

2.

Construction office:

a.

Definition: A facility temporarily used as a construction contractor's office quarters and equipment sheds accessory to a construction project.

b.

Districts permitted: All zone districts by temporary use permit.

c.

Time restriction: One year, subject to renewal for up to three six-month extensions if the builder maintains active and continuous construction on the site or within the subdivision, but in no event to exceed the duration of the project.

d.

Required off-street parking: Parking spaces having a durable and dustless surface maintained for all-weather use shall be provided and may be satisfied by using existing parking spaces for other uses located within 500 feet of the site. The operator has the burden of demonstrating that the parking needs of the use are adequately accommodated. There shall be no use of public rights-of-way for parking.

e.

Ingress and egress: Hard surface all-weather ingress and egress, as approved by the public works department, shall be provided.

3.

Real estate sales office:

a.

Definition: A facility temporarily used as a real estate sales office incidental to new housing developments.

b.

Districts permitted: Residential zone districts by temporary use permit.

c.

Time restriction: Until all lots are sold or one year, whichever is less, subject to renewal for up to three six-month extensions as long as a minimum of three lots within the subdivision remain unsold.

d.

Required off-street parking: Parking spaces having a durable and dustless surface maintained for all-weather use shall be provided and may be satisfied by using existing parking spaces for other uses located within 500 feet of the office. The operator has the burden of demonstrating that the parking needs of the use are adequately accommodated.

e.

Ingress and egress: Hard surface all-weather ingress and egress as approved by the public works department, shall be provided.

4.

Special events:

a.

Definition: A temporary traveling show, exhibition, fair or similar event that has no permanent structure or installation.

b.

Districts permitted: Nonresidential zone districts by temporary use permit.

c.

Time restriction: Ten days.

d.

Required off-street parking: Hard surface all-weather parking areas are not required but the operator shall demonstrate that the parking needs of the use are adequately accommodated.

e.

Ingress and egress: Hard surface all-weather ingress and egress, as approved by the public works department, shall be provided.

5.

Temporary uses as a precursor to permanent uses:

a.

Definition: A temporary facility for the purpose of conducting a business or commercial enterprise which will be replaced upon the development and construction of a permanent use of the same nature and in the same location.

b.

Districts permitted: Nonresidential zone districts by temporary use permit. The use must be compatible with the zone district in which it is located.

c.

Time restriction: Not to exceed 30 days, or not to exceed one year if approved through the public hearing approval process.

d.

Required off-street parking: Parking spaces having a durable and dustless surface maintained for all-weather use shall be provided and may be satisfied by using existing parking spaces for other uses located within 500 feet of the office. The operator has the burden of demonstrating that the parking needs of the use are adequately accommodated.

e.

Ingress and egress: Hard surface all-weather ingress and egress, as approved by the public works department, shall be provided.

6.

Dumpsters, roll-offs and portable storage units:

a.

Definitions: A "dumpster" means a metal container of one cubic yard or more in size located outside and used to store refuse, garbage, trash, rubbish, yard waste, construction waste or similar materials. A "portable storage container" means any container, pod, or unit rented or owned by the owner or occupant of the property that is designed to hold household items and to be transported to and stored by a private moving or storage company at a centralized storage warehouse or facility. A "roll-off" means any container, neither permanently attached to a motor vehicle nor designed to be drawn behind a motor vehicle, having a capacity volume of at least ten cubic yards located outside and used to store refuse, garbage, trash, rubbish, yard waste, construction waste, or similar materials.

b.

Districts permitted: All zone districts by temporary use permit.

c.

Time restriction: Not to exceed 30 days in any 12-month period, except that roll-off and dumpster permits may be renewed for one or more 30-day extensions if use thereof is incident to an active building permit properly issued by the city for the property.

d.

Location; scope of use: No dumpster, roll-off or portable storage unit may be located in any vision clearance area or any sight-restriction area required to be left open for visibility purposes. No dumpster, roll-off or portable storage unit may be permitted or used as an accessory structure.

B.

Additional provisions applicable to temporary uses. Temporary uses shall be subject to the following additional regulations:

1.

Cleaning of site. Upon expiration of the temporary use permit, the site shall be cleaned and cleared of all trash, rubbish, waste, temporary structures and signs; all evidence of its use shall be removed, and the site shall be left in a condition that minimizes adverse impacts to the site itself and to surrounding properties.

2.

Food waste. Any use that serves food shall provide adequate trash containers and all trash, rubbish and waste shall be completely contained on the site and removed daily.

3.

Artificial lighting. Artificial lighting shall not be deflected so as to shine or create glare onto adjacent property or public streets.

4.

Signs. Signs associated with temporary uses shall comply with the City of Louisville Sign Code adopted pursuant to chapter 17.24 of this title.

(Code 1962, § 25-4-120; Ord. No. 424-1973, § 1; Ord. No. 485-1976, § 15; Code 1977, § 17.16.180; Ord. No. 1190-1995, § 1; Ord. No. 1537-2008, § 5, 8-5-2008; Ord. No. 1665-2014, § 3, 5-20-2014; Ord. No. 1678-2015, § 1, 2-17-2015; Ord. No. 1754-2018, § 2, 2-6-2018; Ord. No. 1779-2019, § 5, 10-15-2019)

Cross reference— Temporary use permit, ch. 17.60.

Storage and parking of mobile homes shall be subject to the requirements specified in chapter 15.20 of this Code. Storage and parking of commercial vehicles, recreational vehicles and trailers shall be subject to the applicable requirements of sections 10.20.040 and 17.20.165, and to other applicable provisions of this Code.

(Code 1962, § 25-4-119; Ord. No. 424-1973, § 1; Code 1977, § 17.16.190; Ord. No. 1537-2008, § 6, 8-5-2008)

Cross reference— Standard for mobile homes, ch. 15.20; standard for mobile parks, ch. 15.24.

Child care facility outdoor play areas shall not be located in front yards, and shall be fenced as follows:

A.

Outdoor play areas serving family care homes shall be enclosed by a fence at least 42 inches in height.

B.

Outdoor play areas serving child care centers shall be enclosed by a solid fence six feet in height.

(Code 1962, § 25-4-123; Ord. No. 424-1973, § 1; Ord. No. 507-1976, § 9; Code 1977, § 17.16.200)

Church sites must be a minimum of three acres in size. In residential districts, the minimum front yard and rear yard setbacks for the principal structures shall be 40 feet, and the minimum side yard setback shall be 25 feet.

(Code 1962, § 25-4-121; Ord. No. 424-1973, § 1; Ord. No. 485-1976, § 15; Code 1977, § 17.16.210)

A.

Salvage junkyards and kennels shall be subject to minimum separation requirements from any residential uses, as established at the time of special review use approval, including any amendment thereto.

B.

Feedlots shall not be permitted.

(Code 1962, § 25-4-122; Ord. No. 424-1973, § 1; Ord. No. 485-1976, § 15; Code 1977, § 17.16.220; Ord. No. 1629-2013, § 4, 4-16-2013)

A.

Any use permitted in a zoning district which intends to conduct a portion or all of its business with persons desiring to remain in their automobiles, or which allows products to be consumed on the premises outside the principal building, and which is not subject to the special review provisions of chapter 17.40 or is not a part of a planned unit development under chapter 17.28, must submit a site plan including screening to be reviewed and approved by the planning commission.

B.

In reviewing and approving the site plan for such a use, the planning commission must be satisfied that the traffic circulation on and adjacent to the site conforms to the following criteria:

1.

Arranged so that internal pedestrian and vehicular movements are compatible and traffic hazards are minimized; and

2.

Arranged so as to avoid hazardous or adverse effects on adjacent sites and streets.

(Code 1962, § 25-4-118; Ord. No. 424-1973, § 1; Code 1977, § 17.16.230)

A.

Except for medical marijuana businesses in locations permitted under title 17 and section 5.10.070 of this Code and licensed pursuant to chapter 5.10 of this Code, and for those activities exempt from licensing under section 5.10.050.B of this Code, it is unlawful for any person to operate, cause to be operated or permit to be operated in the city any medical marijuana business.

B.

No medical marijuana center shall, at the time it is established and first licensed by the city, be located within 1,500 feet of another medical marijuana center or retail marijuana store unless they share premises in accordance with section 5.11.080.F of this Code.

C.

No medical marijuana establishment shall, at the time it is established and first licensed by the city, be located:

1.

Within 1,000 feet of: a public or private elementary, middle, junior high, or high school;

2.

Upon any city property;

3.

In a dwelling unit or any residentially zoned districts;

4.

Within Downtown Louisville as defined by section 17.08.113 of this Code; or

5.

Within any zone district or other area where the medical marijuana business is not a permitted use or approved special review use as provided in title 17 of this Code ; or

D.

No licensed premises for a medical marijuana center shall, at the time it is established and first licensed by the city, be located in a physical space exceeding 5,000 square feet of leasable floor space, nor shall such a licensed premises ever exceed 5,000 square feet of leasable floor space.

E.

No medical marijuana business shall operate as an outdoor or transient retailer, vendor or peddler.

F.

The distance described in subsection B of this section shall be computed by a radius measurement that begins at the principal doorway of the premises for which application is made and ends at the principal doorway of the other medical marijuana center or retail marijuana store. The distance described in subsection C.1 shall be computed by direct measurement in a straight line from the nearest property line of the land used for school purposes to the nearest portion of the building or unit in which the medical marijuana business is located.

G.

Medical marijuana businesses shall comply with all the operational requirements in chapter 5.10, including but not limited to those related to emissions, odor control, ventilation and processing of marijuana.

(Ord. No. 1591-2011, § 5, 3-15-2011; Ord. No. 1769-2019, § 33, 2-5-2019)

Editor's note— Section 38 of Ordinance No. 1769-2019 states that: "The 1,500 foot distance requirement between retail marijuana stores and medical marijuana centers set forth in Sections 5.10.070.A, 5.11.080.A, 17.16.235.B and 17.16.237.B of the Louisville Municipal Code shall not apply to existing retail marijuana stores or existing medical marijuana centers and shall not apply when an existing retail marijuana stores or existing medical marijuana centers transfers ownership pursuant to applicable law. For the purposes of this ordinance, the term "existing medical marijuana center" and "existing retail marijuana store" means any medical marijuana center or retail marijuana store that prior to the effective date of this ordinance has been issued the applicable licenses by the state and local licensing authorities and has been lawfully operating in the city."

A.

Except for retail marijuana establishments in locations permitted under title 17 and section 5.11.080 and licensed pursuant to chapter 5.11, it is unlawful for any person to operate, cause to be operated or permit to be operated in the city any retail marijuana establishments.

B.

No retail marijuana store shall, at the time it is established and first licensed by the city, be located within 1,500 feet of another retail marijuana store or a medical marijuana center unless they share premises in accordance with section 5.11.080.F.

C.

No retail marijuana establishment shall, at the time it is established and first licensed by the city, be located, within 1,000 feet of: a public or private elementary, middle, junior high, or high school.

Further no retail marijuana establishment shall be located, permitted, or licensed to operate:

1.

Upon any city property;

2.

In a dwelling unit or any residentially zoned districts;

3.

Within Downtown Louisville as defined by section 17.08.113 of this Code; or

4.

Within any zone district or other zoned area in which the retail marijuana establishment is not a permitted use or approved special review use as provided in this title 17.

D.

No licensed premises for a retail marijuana store shall, at the time it is established and first licensed by the city, be located in a physical space exceeding 5,000 square feet of leasable floor space, nor shall such a licensed premises ever exceed 5,000 square feet of leasable floor space. The maximum physical space occupied by any medical marijuana business and retail marijuana establishment sharing premises shall never exceed 5,000 square feet of leasable floor space.

E.

No retail marijuana establishment shall operate as an outdoor or transient retailer, vendor or peddler, or as any temporary or accessory use.

F.

The distance described in subsection B above shall be computed by a radius measurement that begins at the principal doorway of the premises for which application is made and ends at the principal doorway of the other retail marijuana store or medical marijuana center. The distance described in subsection C shall be computed by direct measurement in a straight line from the nearest property line of the land used for school purposes to the nearest portion of the building or unit in which the retail marijuana establishment is located.

G.

Retail marijuana establishments shall comply with all the operational requirements in chapter 5.11, including but not limited to those related to emissions, odor control, ventilation and processing of marijuana.

H.

The total combined square footage of all licensed retail marijuana cultivation facilities operating in the city shall not exceed 150,000 square feet of building area.

I.

No retail marijuana cultivation facility shall, at the time it is established and first licensed by the city, be located within 1,250 feet of any property zoned for residential uses.

(Ord. No. 1650-2013, § 5, 12-17-2013; Ord. No. 1769-2019, § 34, 2-5-2019; Ord. No. 1777-2019, § 13, 7-23-2019)

Editor's note— Section 38 of Ordinance No. 1769-2019 states that: "The 1,500 foot distance requirement between retail marijuana stores and medical marijuana centers set forth in Sections 5.10.070.A, 5.11.080.A, 17.16.235.B and 17.16.237.B of the Louisville Municipal Code shall not apply to existing retail marijuana stores or existing medical marijuana centers and shall not apply when an existing retail marijuana stores or existing medical marijuana centers transfers ownership pursuant to applicable law. For the purposes of this ordinance, the term "existing medical marijuana center" and "existing retail marijuana store" means any medical marijuana center or retail marijuana store that prior to the effective date of this ordinance has been issued the applicable licenses by the state and local licensing authorities and has been lawfully operating in the city."

A.

It shall be unlawful to cause or permit the operation, establishment, or maintenance of a sexually oriented business outside of the industrial (I) zone district. It shall be unlawful to cause or permit the operation, establishment, or maintenance of a sexually oriented business within the industrial (I) zone district unless the same has been approved as a special review use pursuant to chapter 17.40 of this title and is in compliance with such approval and all applicable regulations of this Code.

B.

No sexually oriented business shall be established, operated or maintained within 1,500 of any school or within 1,000 feet of:

1.

Any religious institution;

2.

Any public building;

3.

An existing dwelling;

4.

Any park;

5.

The boundary of a residential zone district; or

6.

Another sexually oriented business.

C.

The distance between two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business.

D.

The distance between a sexually oriented business and any religious institution, school, public building, existing dwelling, park, or boundary of a residential zone district shall be measured in a straight line, without regard to intervening structures or objects, from the nearest point of the building or structure used as part of the premises where the sexually oriented business is conducted, to the nearest property line of the premises of a religious institution, school, public building or existing dwelling, or the nearest boundary of an affected park or residential zone district.

E.

No more than one sexually oriented business shall be established, operated or maintained within the same building, structure, premises or portion thereof.

F.

Any sexually oriented business lawfully operating on the effective date of this ordinance that is in violation of subsection B of this section will be permitted to continue for a period of six months from the effective date hereof.

G.

Notwithstanding the provisions of subsection F of this section, the city may grant an extension of time during which a sexually oriented business in violation of subsection B of this section will be permitted to continue upon a showing that the owner of the business has not had a reasonable time to recover the initial financial investment in the business. No such extension of time shall be for a period greater than that reasonably necessary for the owner of the business to recover his or her initial financial investment in the business. A sexually oriented business in violation of subsection B of this section may continue during such extended period unless the business is sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. Such business shall not be enlarged, extended, or altered except that the business may be brought into compliance with this subsection.

H.

If two or more sexually oriented businesses are within 1,000 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at the particular location will be deemed to be in compliance with subsection B of this section and the later established business(es) will be deemed to be in violation of such subsection.

I.

A sexually oriented business which at the time it received its sexually oriented business license was in compliance with the location requirements of subsection B of this section does not violate that subsection if when the sexually oriented business applies to renew its valid sexually oriented business license a school is now located within 1,500 feet of the sexually oriented business; or a church, public building, dwelling or residential zone district is now located within 1,000 feet of the sexually oriented business. This provision applies only to the renewal of a valid sexually oriented business license and does not apply to an application for a sexually oriented business license that is submitted as a result of the previous sexually oriented business license expiring or being revoked.

(Code 1962, § 25-4-122; Code 1977, § 17.16.240; Ord. No. 541-1977, § 3; Ord. No. 1298-1999, § 11, 6-1-1999)

Oil and gas exploration and production may be permitted in any zone district as a use permitted by special review according to and in compliance with the requirements of chapter 17.68, but only if all requirements of chapter 17.68 are met. The notice and hearing procedures applicable to special review uses set out in chapter 17.40 shall apply to applications for special review under chapter 17.68.

(Code 1977, § 17.16.250; Ord. No. 585-1978, § 9; Ord. No. 1193-1995, § 2)

Cross reference— Mining and drilling, ch. 8.24; oil and gas regulations, ch. 17.68.

Solar devices, including windchargers, not including active solar panels, where the height of such device exceeds the maximum height allowed in the underlying zone, must be approved as a special review use. Furthermore, any such device within 150 feet of a platted residential lot must be approved as a special review use.

(Code 1977, § 17.16.260; Ord. No. 779-1983, § 6)

A.

All new and significantly remodeled structures where refuse is generated by the use of the structure shall provide adequate space for the collection and storage of refuse and recyclable materials.

B.

Significantly remodeled, for purposes of this section, means structures where the value of additions or renovations is 50 percent or more of the fair market value of the structure prior to the additions or renovations. The value of the additions shall be as determined by the chief building official or the chief building official's authorized representative. The fair market value of the structure shall be the current actual value of the structure as determined by the county assessor. A party who disagrees with the decision of the chief building official or his or her authorized representative may appeal the decision to the building code board of appeals.

C.

The following structures are exempt from the provisions of subsection A above:

(1)

Single family dwellings;

(2)

Multi-family dwellings where there are no central or communal refuse or recycling collection or storage facilities or where refuse and recyclable materials are stored and collected on an individual unit basis.

D.

The amount of space provided for the collection and storage of recyclable materials must be at least as large as the amount of space provided for the collection and storage of refuse materials, and shall be designed to accommodate collection and storage containers consistent with the recyclable materials generated.

E.

Storage and collection containers shall be clearly labeled or identified to indicate the type of materials accepted. Recyclable materials storage areas shall be located adjacent to refuse collection and storage areas in order to provide convenient recyclable materials drop-off and storage.

F.

Refuse and recycling areas shall be enclosed such that they are screened from public view. The enclosure shall be constructed of durable materials, such as masonry, and shall be compatible with the structure to which it is associated. Enclosure areas shall be paved with concrete, and shall be located so as not to obstruct vehicular or fire access, or site distances. Gates on the enclosures shall be constructed of metal or some other comparable durable material, shall be appointed to match the enclosure, and shall be properly maintained.

(Ord. No. 1508-2007, § 1, 2-6-2007)

A.

Generally. Commercial satellite dish antennae shall comply with the standards and guidelines contained in section 17.16.270. Such facilities will be reviewed for compliance through the final PUD development plan review. If a final PUD development plan is not required, then the applicable standards and guidelines listed in section 17.16.270 shall be met prior to issuance of any building permit. The following standards and guidelines are not intended to supersede any FCC provisions related to commercial satellite dish antennae as defined in this chapter.

B.

Design standards.

1.

Commercial satellite dish antennae shall be installed in locations where their visibility from public streets and sidewalks is minimized.

2.

Ground mounted antennae shall be screened by evergreen plant material, and painted a color to blend with the surrounding environment or structures. Ground mounted antennae shall not be located in easements or in setbacks required for accessory structures in the zone district, or as established by a final PUD development plan for the site.

3.

Wall mounted antennae shall not exceed the maximum height for primary structures in the zoning district, nor shall they extend above the height of the structure to which they are attached. They shall be painted the color of the surface to which they are attached. Wall mounted antennae may extend up to three feet into a required setback, provided they are at least eight feet above grade and they do not encroach into an easement or adjacent property.

4.

Roof mounted antennae are not allowed on commercial structures with pitched roofs. On flat roofs, the following requirements shall apply:

a.

Roof mounted commercial satellite dish antennae shall be set back from perimeter building walls a sufficient distance to minimize the visual exposure of the unit from adjacent buildings, property, streets and sidewalks, but in no event shall the setback be less than ten feet.

b.

Roof mounted commercial satellite dish antennae shall not extend more than five feet above the height of the roof parapet, nor shall they exceed the maximum building height in the zoning district unless a height exception for the building has been granted by the city through a variance or PUD approval process, and provided the standards for such process are met.

c.

The mounting support structure for roof mounted commercial satellite dish antennae should be fully screened by the roof parapet or by other architecturally integrated screening material, such as that enclosing other mechanical units on the building.

(Ord. No. 1264-1997, § 2, 8-19-1997)

Any addition, remodeling, relocation, construction, or other improvement within Downtown Louisville and requiring a building permit or any other permit from the city shall comply with all requirements of Design Handbook for Downtown Louisville, as adopted and amended from time to time.

(Ord. No. 1779-2019, § 6, 10-15-2019)

Editor's note— Ord. No. 1779-2019, § 6, adopted Oct. 15, 2019, amended § 17.16.280 in its entirety to read as herein set out. Former § 17.16.280 pertained to Design Handbook and Sign Manual for Downtown Louisville to apply and derived from Ord. No. 1293-1999, § 8, adopted April 6, 1999; and Ord. No. 1580-2010, § 3, adopted Oct. 5, 2010.

Any addition, remodeling, relocation, construction, or other improvement to an industrial property or project within the city and requiring a building permit or any other permit from the city shall comply with all requirements of City of Louisville Industrial Development Design Standards and Guidelines, as adopted and amended from time to time.

(Ord. No. 1322-1999, § 5, 1-18-2000; Ord. No. 1779-2019, § 7, 10-15-2019)

A.

Incorporation by reference. There is hereby adopted by reference and incorporated into this title the City of Louisville Mixed Use Development Design Standards and Guidelines ("MUDDSG"), which are set forth in full as Appendix A to this chapter. The development design standards and guidelines contained in the MUDDSG may be amended from time to time in the manner set forth in chapter 17.44. The city council may, in its discretion, waive or modify requirements of the MUDDSG in a planned unit development plan approved according to chapter 17.28 and subject to the limitations stated in section 17.14.090. All applicants pursuing development in a mixed use residential (MU-R) or a commercial community (CC) zone district shall be advised of the existence of the MUDDSG and a copy thereof shall be made available to such applicant.

B.

Applicability. Any addition, remodeling, relocation, construction, or other improvement within the mixed use residential (MU-R) or a commercial community (CC) zone district and requiring a building permit or any other approval or permit from the city shall comply with all requirements of the City of Louisville Mixed Use Development Design Standards and Guidelines, as adopted and amended from time to time.

(Ord. No. 1524-2007, § 3, 9-18-2007; Ord. No. 1779-2019, § 8, 10-15-2019)

A.

All mobile retail food establishments, mobile food vehicles and mobile vending carts are subject to the following requirements:

1.

Special events sales/use tax license. Applicant is required to obtain a special events sales/use tax license. Prior to commencing any operations, applicant shall complete a special events sales/use tax license application, including other required attachments listed on the checklist of required documents, and shall submit the application and application fee to:

City of Louisville
Sales Tax and Licensing Division
749 Main Street
Louisville, CO 80027

2.

Boulder County Public Health Certificate. Applicant shall obtain a Boulder County Public Health Certificate.

3.

Louisville Fire Protection District. Applicant shall obtain a mobile food vending permit from the Louisville Fire Protection District.

4.

Location requirements. The use shall be located at least 150 feet from any existing restaurant unless approved by the city manager, or written consent from all restaurant owners within 150 feet is provided. Distances shall be measured by the city on the best mapping available as a buffer from the property perimeter in which the mobile retail food establishment, mobile food vehicle, or mobile vending cart is located, or from the closest point of the mobile retail food establishment, mobile food vehicle, or mobile vending cart itself if located in city-owned right of way, to the closest point of the property perimeter of a restaurant.

5.

Private catered event. For the purposes of this section 17.16.310, a private catered event is an event that sells food and beverages for a limited time coinciding with an event not open to the general public and only to attendees of the event. A city issued food truck permit is not required to operate as a private catered event.

6.

Operating requirements. No person who operates any mobile retail food establishment, mobile food vehicle or mobile vending cart shall:

a.

Sell anything other than food and non-alcoholic beverages, unless aspecial events liquor license is approved by the local licensing authority;

b.

Operate before 7:00 a.m. or after 9:00 p.m.;

c.

Park in or on city-owned right-of-way or city-owned property overnight.

d.

Set-up within any designated sight triangle/vehicle clear-zone;

e.

Set-up within any ADA accessible parking space;

f.

Impede safe movement of vehicular and pedestrian traffic, parking lot circulation or access to any public alley or sidewalk;

g.

Provide amplified music;

h.

Place signs/banners in or alongside the public right-of-way or across roadways. Signs must be permanently affixed to or painted on the mobile food vehicle or mobile vending cart, or in the case of a mobile retail food establishment, attached directly to the table, awning, canopy or similar item upon or under which sales are directly made;

i.

Fail to have the vehicle/cart attended at all times;

j.

Fail to permanently display to the public in the food handling area of the mobile food vehicle/cart the permit authorizing such use;

k.

Fail to provide separate and clearly marked receptacles for trash, recycling and compost and properly separate and dispose of all trash, refuse, compost, recycling and garbage that is generated by the use;

l.

Cause any liquid wastes used in the operation to be discharged from the mobile food vehicle;

m.

Fail to provide documentation confirming private property owner's permission upon application or request; or

n.

Operate without a city issued food truck permit, unless operating as a private catered event, as part of a city-permitted special event, as a part of, and with service limited to a city-permitted block party, or as part of a mobile food court.

B.

Mobile retail food establishments, mobile food vehicles and mobile vending carts are permitted as follows, subject to subsection A above:

1.

Residential zone districts.

a.

Private property. Mobile retail food establishments, mobile food vehicles and mobile vending carts are not permitted to operate on private property unless operating as a private catered event.

b.

City-owned property. Mobile retail food establishments, mobile food vehicles and mobile vending carts are not permitted to operate on city-owned property unless operating as part of a private catered event or as part of a city-permitted special event. Mobile retail food establishments and mobile vending carts are allowed to operate at Coal Creek Golf Course and at the Louisville Recreation Center in connection with its daily operations.

c.

Right-of-way. Mobile retail food establishments, mobile food vehicles and mobile vending carts are not permitted to operate within city-owned right-of-way, except as follows: Mobile retail food establishments, mobile food vehicles, and mobile vending carts are permitted to operate on rights-of-way that abut a city-owned property as part of a city-permitted special event or private catered event located at the abutting city-owned property and being conducted under a city-issued park or shelter reservation, and mobile retail food establishments, mobile food vehicles, and mobile vending carts are permitted to operate on rights-of-way as part of, and with service limited to a city-permitted block party.

2.

Non-residential, mixed-use and agricultural zone districts.

a.

Private property, city-owned property and right-of-way. Mobile retail food establishments, mobile food vehicles and mobile vending carts are permitted to operate with a city issued food truck permit or as a private catered event.

b.

City-permitted special events. Mobile retail food establishments, mobile food vehicles and mobile vending carts authorized to operate as part of a city-permitted special event shall be allowed to locate within 150 feet of an existing restaurant and operate without a city issued food truck permit. Hours of operation shall be the same as authorized for the city-permitted special event

C.

Ice cream vendors are permitted to operate in right-of-way throughout the City of Louisville subject to the requirements below. An ice cream vendor operating in any other manner shall be subject to the regulations for mobile retail food establishments, mobile food vehicles and mobile vending carts. A city issued food truck permit is not required to operate as an ice cream vendor.

1.

Special events sales/use tax license. Applicant is required to obtain a special events sales/use tax license. Prior to commencing any operations, applicant shall complete a special events sales/use tax license application, including other required attachments listed on the checklist of required documents, and shall submit the application and application fee to:

City of Louisville
Sales Tax and Licensing Division
749 Main Street
Louisville, CO 80027

2.

Boulder County Public Health Certificate. Applicant shall obtain a Boulder County Public Health Certificate.

3.

Operating requirements. No person who operates as an ice cream vendor shall:

a.

Operate before 7:00 a.m. or after 9:00 p.m.;

b.

Park in or on city-owned right-of-way or city-owned property overnight.

c.

Set-up within any designated sight triangle/vehicle clear-zone;

d.

Impede safe movement of vehicular and pedestrian traffic or access to any public alley or sidewalk;

e.

Place signs/banners in or alongside the public right-of-way or across roadways. Signs must be permanently affixed to or painted on the ice cream vending vehicle/cart;

f.

Fail to have the vehicle/cart attended at all times;

g.

Fail to permanently display to the public in the food handling area of the vehicle/cart the Boulder County Public Health Certificate;

h.

Cause any liquid wastes used in the operation to be discharged from the vehicle/cart; or

i.

Remain in the same location for longer than a 15-minute period.

D.

Mobile food courts. Operating as a mobile food court shall only be allowed within designated zone districts and with approval of a special review use pursuant to chapter 17.40. In addition to the application requirements and review criteria in chapter 17.40, the following additional requirements and criteria shall apply:

1.

All mobile retail food establishments, mobile food vehicles, mobile vending carts, and ice cream vendors shall comply with section 17.16.310 A above, except the location requirements from existing restaurants and requirements for consent from existing restaurants shall not apply, hours of operation may be reduced or expanded and amplified music may be allowed through the special review use approval.

2.

All of the proposed activities will be conducted on private property owned or otherwise controlled by the applicant and none of the activities will occur on any public right-of-way.

3.

If the property is adjacent to property developed with residential uses, then the vendor pads shall meet the applicable parking setback or other setback determined necessary to control the external effects of the proposal.

4.

Each vendor pad shall be equipped with electrical connections. Use of generators is prohibited.

5.

A site plan is required showing the following:

a.

The location and orientation of each vendor pad;

b.

The location of all proposed dining areas and areas designated for gathering and activities;

c.

The location of any paving, trash enclosures, landscaping, planters, fencing, or any other site requirement by the international building code or Boulder County Public Health Department;

d.

The location of permanent electrical and other necessary utility connections;

e.

The circulation of all pedestrian, bicycle, and vehicle traffic;

f.

The location of any fixed or movable seating and tables;

g.

The location of permanent and ADA accessible restrooms;

h.

The location of vehicular and bicycle parking.

E.

It shall be unlawful to operate any mobile retail food establishment, mobile food vehicle, mobile vending cart, or ice cream vending vehicle/cart within the city except in compliance with the provisions of this section.

(Ord. No. 1754-2018, § 3, 2-6-2018; Ord. No. 1802-2020, § 4, 11-17-2020)

Editor's note— Ord. No. 1754-2018, § 3, adopted Feb. 6, 2018, repealed the former § 17.16.310 and enacted a new section as set out herein. The former § 17.16.310 pertained to similar subject matter and derived from Ord. No. 1665-2014, § 4, adopted May 20, 2014.

A.

Live-work uses are permitted in specific locations in the designated zoning districts subject to the applicable regulations of the district in which the use is located, and subject to the following requirements:

1.

The commercial and residential portions of the live-work use shall remain under single ownership and shall not be subdivided, used as townhomes, multi-family dwellings or condominiums or otherwise divided in ownership.

2.

The residential portion of the live-work use shall not exceed 66 percent of the total floor area of the development.

3.

The residential portion of the live-work use shall not be located in the lower level of the building facing the front lot line of the parcel.

4.

Parking requirements for a live-work use shall be as follows:

a.

The commercial portion of the development shall provide a parking space for every 500 square feet of the floor area rounded to nearest 500 square feet.

b.

The residential portion of the development shall adhere to the following:

c.

A parking requirement waiver may be requested when a demonstrated shared parking analysis is provided for the individual parcel.

d.

The parking requirements of this subsection 17.16.320(A)(4)(d) are waived for properties incorporating live-work that are designated as a Louisville landmark pursuant to chapter 15.36 of this Code.

5.

All live-work commercial development within the area designated as Downtown Louisville, as defined in section 17.08.113, shall also comply with this title and all requirements of the Design Handbook for Downtown Louisville, as adopted and amended from time to time.

6.

All live-work development in the mixed use zone districts shall comply with the development and design standards stated in this title and the Louisville Mixed Use Development Design Standards and Guidelines (MUDDSG), as adopted and amended from time to time, except as expressly waived or modified by the city in a planned unit development plan approved according to chapter 17.28 and subject to the limitations stated in section 17.14.090.

(Ord. No. 1691-2015, § 4, 6-2-2015)

A.

All banquet or reception halls shall receive approval of a special review use permit prior to operation.

B.

Banquet or reception halls shall not operate past 12:00 a.m. (midnight) on the day of the scheduled event, or at an earlier time established as a condition of the special review use.

C.

In reviewing and approving the application for such a use, the city council must find that the parking established for the use is adequate for peak capacity, is compatible with adjoining land uses, and will not be detrimental to the general welfare and economic prosperity of the city or immediate neighborhood.

(Ord. No. 1829-2022, § 4, 5-3-2022)

A.

The number of gasoline or automobile service stations within the city shall be limited to six. Such limitation shall include the combined number of existing gasoline and automobile service stations and those not constructed but approved through a planned unit development land use application that has not expired pursuant to subsections B or C. This limitation may be increased up to seven gasoline and automobile service stations if approved through a new land use application for a single-user retail center of 80,000 or more square feet that includes a gasoline or automobile service station as an accessory part of the retail center on the same or adjoining parcel.

B.

An approved planned unit development, and when applicable, an approved special review use, for a gasoline or automobile service station shall expire and become void if a building permit is not issued within 36 months after city council approval of the plan.

C.

If an existing gasoline or service station is discontinued from use for a period of 12 months then further use of the property as a gasoline or automobile service station shall require authorization through a planned unit development, and when applicable, a special review use approval, meeting current city standards for such use.

D.

If at the time of a land use application for a gasoline service station there are fewer than six gasoline service stations operating or approved in the city, the city shall review new applications in the order in which complete land use applications are received.

E.

Any new gasoline or automobile service station shall be spaced from any existing or approved gasoline or automobile service station by a minimum of 1,000 feet as measured from the nearest point of each property boundary. This requirement may be waived if the proposed gasoline or automobile service station is approved through a new land use application for a single-use retail center of 80,000 or more square feet that includes a gasoline or automobile service station as an integral part of the retail center on the same or adjoining parcel.

F.

Any new gasoline or automobile service station, or an expansion or modification to a gasoline or automobile station, shall require the installation of level three direct current (DC) or better electric vehicle charging stations. The minimum number of level three DC charging stations shall be equal to 20 percent of the number of gasoline pumps installed rounded to the nearest whole number, and no fewer than two charging stations. These charging stations may be credited against, but not fully replace, the minimum total number of EV installed, ready, and capable stations required under section 17.20.170 of this Code.

G.

The City of Louisville planning division (planning) shall maintain the list of operating or approved gasoline or automobile service stations and their locations within the city.

(Ord. No. 1851-2023, § 1, 3-21-2023)

A.

Purpose. The purpose of the concept plan review is to provide an opportunity for an applicant to solicit comments from the city council in the early stages of the development review process on relevant plans, policies and ordinances related to the proposal. Comments on a concept plan are not binding and are meant to inform any subsequent related land use application. A concept plan review shall not relieve an applicant of the burden to seek and obtain all necessary approvals under the Louisville Municipal Code.

B.

Projects eligible for concept plan review. A concept plan review is an optional review step prior to submitting an application for a preliminary or final land use application. The following application types shall be eligible for concept plan review:

1.

General development plans pursuant to chapter 17.72.

2.

Planned unit developments pursuant to chapter 17.28 that cover multiple lots or that would require a waiver to a height or density standard.

3.

Special review use pursuant to chapter 17.40.

4.

Comprehensive development plan amendments specific to a certain property, pursuant to chapter 17.64 not initiated by the city or city staff.

5.

Zoning map, or text amendments specific to a certain property pursuant to chapter 17.44 not initiated by the city or city staff.

C.

Application requirements. A concept plan application should provide sufficient and accurate information used to discuss applicable plans, policies and ordinances. An application shall be filed on a form provided by the city and shall include the following:

1.

Written consent of the owners of all property included in the development.

2.

A written description of the proposal, including how the proposed development meets applicable plans, policies and ordinances, and addresses the following as applicable:

a.

Description of any waivers sought to adopted development standards.

b.

How the development meets applicable public land dedication requirements.

c.

Proposed land uses, residential housing type mix, sizes, anticipated sales prices, percentage and type of affordable units.

3.

A vicinity map, drawn to scale, showing the site and surrounding area not less than a 300-foot radius around the site, including surrounding zoning, buildings, parking areas, streets, sidewalks, trails and other transportation connections, parks, public areas, and open spaces.

4.

A scaled and dimensioned schematic site plan that includes the following as applicable:

a.

Property boundaries.

b.

Access points and circulation patterns for all modes of transportation, including connections to surrounding transportation infrastructure.

c.

Proposed land uses and approximate location of buildings, including anticipated number of units or building area.

d.

Location of major site elements such as natural features, watercourses, wetlands, trees, slopes, and floodplains.

e.

Site data such as building and landscape coverage, residential density, parking ratios, and building size.

5.

Architectural character sketches showing building elevations and materials, as relevant.

6.

Any additional information determined by the city manager as necessary to assess the proposal against applicable plans, policies and ordinances. The city manager may also waive any of the above requirements if found not to be necessary for the scope of the review.

D.

Review process. Following the acceptance of and determination by the city of a complete application for concept plan review, the city manager shall schedule the review at a regular city council meeting. Public notice shall be provided as set forth is section 17.04.070. Staff may provide a staff report noting applicable plans, policies and ordinances to inform the city council review.

E.

Guidelines for review and comment. The following will be used to guide the city council's discussion regarding the concept plan review. Meeting minutes summarizing the discussion and comments will be provided to the applicant, but no vote shall be taken by the city council regarding the application. The city council is not required to provide any specific feedback regarding an application and a consensus or majority vote on discussion items shall not be taken. All comments provided by the city council are advisory in nature and shall not be binding on the city council. Issues not identified below may be discussed if the city council finds that such issues relate to a relevant plan, policy, or ordinance.

1.

Applicable review criteria, procedures, supporting documentation and submission requirements relevant to the land use application.

2.

Policy considerations, including guidance on how a project would conform to plans and policies, including the comprehensive plan, transportation master plan, and any other adopted plan or policy relevant to the proposal.

3.

Characteristics of the site or neighborhood that would influence the plan development, such as potential offsite impacts, opportunities to enhance or coordinate development with surrounding properties, and opportunities to preserve view corridors and other natural features.

4.

Potential of any waivers to achieve applicable criteria or policy goals that would otherwise be unachievable by adherence to current standards.

5.

Opportunities and constraints related to the transportation system, including access, linkages, and transportation system capacity.

6.

The need for additional studies or analysis related to the proposal to the extent it is essential to evaluating the application according to applicable criteria.

7.

Any other guidance related to appropriate or desired range of land uses, densities, and housing types.

(Ord. No. 1859-2023, § 1, 10-2-2023)

A.

Purpose. The Colorado Natural Medicine Code, as codified in the Regulatory Act, specifically authorizes the governing body of a municipality to enact an ordinance to regulate the time, place, and manner of the operation of natural medicine businesses.

B.

Distance from schools. No natural medicine healing center may be located within 1,000 feet of a child care center; preschool, elementary, middle, junior, or high school; or a residential child care facility. The distance shall be determined by a direct measurement from the nearest property line of the land used for a school or for child care to the nearest property line of the site containing the natural medicine business.

C.

Hours of operation. The provision of natural medicine services at a natural medicine healing center shall only occur between the hours of 6:00 a.m. and 12:00 a.m.

(Ord. No. 1887-2024, § 6, 12-3-2024)

Editor's note— Ord. No. 1887-2024, § 6, adopted December 3, 2024, set out provisions intended for use as § 17.16.340. Inasmuch as there were already provisions so designated, said section has been codified herein as § 17.16.360 at the discretion of the editor.

Editor's note— Appendix A to chapter 17.16, containing the City of Louisville Mixed Use Development Design Standards and Guidelines ("MUDDSG"), is not set out at length in this Code but is on file and available for inspection in the offices of the city department of planning. Copies of MUDDSG may be obtained from the planning department.

Cross reference— Mixed use zone districts, ch. 17.14; mixed use design standards and guidelines to apply, § 17.16.300.