In order to implement the provisions of this Chapter, the City establishes the following basic zoning districts:

(1)

Rural (RU).

(2)

Residential estate (RE).

(3)

Residential low-density (RL).

(4)

Residential medium-density (RM).

(5)

Residential high-density (RH).

(6)

Manufactured homes (Mfg-H).

(7)

Manufactured home single-wide (MSW).

(8)

Commercial highway (CH).

(9)

Commercial business (CB).

(10)

Industrial (I).

(Ord. 789 §18-131, 2006)

(a)

Wherever possible, district boundaries shall be the centerlines of streets, alleys, railroad rights-of-way, municipal corporation limits, section lines, lot lines, center lines of water courses or such lines extended.

(b)

Where a zone district boundary divides a land parcel under a single ownership into two (2) districts, then the entire parcel shall be zoned for the less restrictive use by the adjustment of the boundaries, provided that the boundary adjustment is a distance of less than one hundred (100) feet.

(c)

If the adjustment involves a distance of more than one hundred (100) feet, the procedures for a zoning district amendment shall be followed.

(d)

In unsubdivided land or where a zone district boundary divides a lot or parcel, the location of such boundary, unless indicated by dimensions, shall be determined by scale of the zoning map.

(e)

Where a zone district boundary coincides with a right-of-way line and said right-of-way is subsequently abandoned, the zone district boundary shall then follow the centerline of the former right-of-way.

(f)

Land not part of public rights-of-way and which is not indicated as being in any zone district shall be considered to be included in the most restrictive adjacent zone district, even when such district is separated from the land in question by a public right-of-way.

(Ord. 789 §18-132, 2006)

Permitted uses are those uses specifically allowed in one (1) or more of the various zone districts without the necessity of obtaining a use permit.

(Ord. 789 §18-133, 2006)

Although each zone district is primarily intended for a permitted, predominant type of use, such as dwellings in residential districts, there are a number of uses which may or may not be appropriate in a particular district, depending upon, for example, the location, nature of the proposed use, character of surrounding development, traffic capacities of adjacent streets and potential environmental effect. These factors may dictate that the circumstances of development should be individually reviewed. It is the purpose of this Article to provide review of such uses so that the community is assured that they are compatible with their locations and surrounding land uses and will further the purposes of this Chapter.

(Ord. 789 §18-134, 2006)

(a)

An application for approval of a special review use may be filed by a person having an interest in the property for which the special review use is requested and shall be made on a form provided by the City.

(b)

The application must include:

(1)

A nonrefundable processing fee in an amount which is on file in the office of the City Clerk, which shall be submitted with the application.

(2)

A complete site plan showing the major details of the proposed development consisting of the following: location of buildings and structures, off-street parking areas, off-street loading areas, service and refuse areas, means of ingress and egress, amount of traffic generated, major landscaping or screening proposals, signs, pedestrian areas and pertinent dimensions.

(3)

A time schedule for development.

(4)

Zoning classification for all adjoining lots, parcels or tracts.

(5)

Pertinent information about abutting property and existing land uses needed in evaluating the proposed use.

(6)

Such other additional information required by the City Manager, Planning and Zoning Commission or City Council.

(7)

Any other information the applicant believes will support his or her application.

(8)

In the case where an applicant for a Special Review Use (SRU) seeks to utilize an accessory dwelling unit as a rental unit, this use must be explicitly stated in the SRU application. Absent specific approval, accessory dwellings may not be utilized as rental units.

(c)

The applicant shall enter into a cost agreement with the City. The applicant shall be responsible for reimbursing the City for all legal, engineering, planning and other professional or consultant fees or costs related to the City's review of the application.

(Ord. 789 §18-135, 2006; Ord. 878 § 2, 2017)

Written notice that a special review use application has been filed and that it may be reviewed during regular office hours of the City Hall will be sent to owners of property within three hundred (300) feet of the property in question. The written notice shall also specify the date, time and place of the public hearing to be held regarding the special review use application.

(Ord. 789 §18-136, 2006)

(a)

Within sixty (60) days after the Planning and Zoning Commission receives a completed application, the Planning and Zoning Commission shall hold a public hearing to consider the application.

(b)

Public notices shall comply with Section 12-3-320 of this Chapter.

(c)

Either one (1) applicant or an applicant's representative shall be present at the public hearing to present the application.

(d)

The Planning and Zoning Commission shall, within thirty (30) days of the public hearing, unless a longer time is necessary for consideration of the application for reasons specifically stated by the Planning and Zoning Commission, either recommend approval of the application, in whole or in part, with or without modifications and conditions, or recommend disapproval of the application to the City Council.

(e)

The recommendation of the Planning and Zoning Commission shall be transmitted to the City Council and to the applicant.

(f)

All actions and proceedings shall be recorded in the minutes of the Planning and Zoning Commission.

(Ord. 789 §18-137, 2006)

(a)

The City Council shall hold a public meeting on any proposed special review use after receiving the written report of recommendations from the Planning and Zoning Commission.

(b)

The City Council shall either approve the application, in whole or in part, with or without modifications and conditions, or disapprove the application.

(c)

Final approval of the special use application shall be by action of the City Council.

(Ord. 789 §18-138, 2006)

(a)

No special review use application shall be approved unless it is found that the application:

(1)

Complies with all requirements imposed by this Article and with all applicable written rules.

(2)

Is consistent with the objectives and purposes of the City's master plan.

(3)

Is designed to be compatible with surrounding land uses.

(b)

In considering an application for a special review use, the Planning and Zoning Commission and City Council shall consider and may impose modifications or conditions concerning the following:

(1)

Size and location of site.

(2)

Internal traffic circulation and access to adjoining public streets.

(3)

Location and amount of off-street parking.

(4)

Fencing, screening and landscaped separations including open space.

(5)

Building bulk and location.

(6)

Signs and lighting.

(7)

Noise, vibration, air pollution and other environmental influences.

(8)

Impact of the proposed use on surrounding uses, with consideration given to the cumulative effect of similar actions in the area.

(9)

Adequacy and availability of public infrastructure and services.

(10)

In special review applications concerning the addition of an Accessory Dwelling Unit (ADU), the following density parameters for the density limits shall be followed: In the RL Zone, accessory dwelling units may not cause the maximum lot coverage ratio to be exceeded by more than five (5) percent. In all other zones where ADU's may be permitted, those units may not cause the maximum lot coverage ratio to be exceeded by more than ten (10) percent.

(Ord. 789 §18-139, 2006; Ord. 878 § 3, 2017)

(a)

Any person applying to the courts for a review of any decision made under the terms of this Article shall apply for review within thirty (30) days after the date of decision and shall be required to pay the cost of preparing a transcript of proceedings.

(b)

The application for review shall be in the nature of certiorari under Rule 106(a)(4) of the Colorado Rules of Civil Procedure.

(c)

The City shall be entitled to appeal any decision of the district court under Rule 106 proceedings.

(Ord. 789 §18-140, 2006)

No approved special review use may be substantially modified, structurally enlarged, expanded in parking area or expanded in ground area unless the site plan is amended and approved in accordance with the procedures applicable to initial approval of a special review use.

(Ord. 789 §18-141, 2006)

(a)

Table 12-3 below indicates permitted uses and special review uses for each zoning district.

(b)

Permitted uses and special review uses may be located on the same property.

Table 12-3
Use Chart

(Ord. 789 §18-142, 2006; Ord. 792 §1, 2007; Ord. 805 §2, 2008 Ord. 811 §1, 2009; Ord. 862, 2015; Ord. 878 § 4, 2017; Ord. 891, 2019)