(A)

Property located within 400 feet of a right-of-way line of U.S. Highway 50, east of Hillcrest and north of North 9th Street; of U.S. Highway 550, south of East Oak Grove Road; and of Highway 90 west of the Uncompahgre River; and of North San Juan Avenue between Main Street and Townsend Avenue, as shown in Figure 8.1, shall be subject to the following supplemental site development standards in addition to other applicable requirements. Whichever City ordinance or regulation requires the more stringent or restrictive requirement shall apply.

Figure 8.1
Highway Corridor Overlay Areas

(1)

No building or structure other than fences may be constructed within 50 feet of a highway right-of-way, except in the following circumstances:

(a)

A variance is granted pursuant to Section 11-7-13 of this Title.

(b)

The property is on a lot approved as part of a prior-approved City subdivision which provides for different setbacks or setbacks in accordance with City zoning dimensional standards.

(2)

No fence, freestanding wall, or berm located within 50 feet of a highway right-of-way shall exceed four feet in height above grade, except for screening required by state or federal law or City ordinances or regulations.

(3)

No building or structure shall exceed 40 feet in height or the maximum height set out in City zoning dimensional requirements, whichever is more restrictive, unless a variance is granted pursuant to Sections 11-7-13 of this Title.

(4)

Building facades which are constructed of smooth-face concrete, smooth-face concrete block, metal siding, or similar monolithic building materials in a flat plane, shall be designed to include other surface materials (in a minimum amount of 25 percent of the building's wall area facing or clearly visible from a public right-of-way, public park, or public open space), which may include, but are not limited to, contrasting materials such as brick, stucco, wood or stone veneers. Other architectural elements must also be included in the design, which include, but are not limited to, architectural projections such as dormers, roof overhangs, protective canopies, and creatively shaped window openings.

(5)

Exterior mechanical equipment shall either be incorporated in the overall form of the building or screened from view from any street by materials consistent with the landscaping and the main building.

(6)

Refuse collection containers and areas shall be screened from view from any street or residential area by materials consistent with the landscaping and building.

(7)

Landscaping.

(a)

Landscaping shall be installed and maintained to a minimum depth of 15 feet along 70 percent of the state highway frontages, excluding driveways and sidewalks. Such landscaping shall consist of trees, shrubs, and ground covers, and may include up to a maximum 20 percent coverage in inert materials such as decorative paving stones, lava rock, pea gravel, etc.

(b)

Landscaping shall be installed and maintained to a minimum depth of 15 feet along a minimum of 25 percent of the secondary street frontages, excluding driveways and sidewalks. Such landscaping shall consist of trees, shrubs, and ground covers, and may include up to a maximum 20 percent coverage in inert materials such as decorative paving stones, lava rock, pea gravel, etc.

(c)

Parking areas located on the front or side of a building with 25 or more spaces shall incorporate landscaped islands disbursed throughout the parking with areas totaling a minimum of six percent of the parking area.

(B)

The regulations of this Section shall apply to the entire building, lot, parcel or contiguous lots or parcels which constitute a single site, when any part thereof is located within 400 feet of the right-of-way of the highway segments described in Subsection (A) of this Section.

(C)

The standards of this Section shall be applied to all site development plans processed by the City pursuant to Section 11-8-1.

(D)

Any use, parcel, building or structure which at the effective date of the ordinance from which this Section is derived or at the time of annexation, if annexed subsequent to the effective date of the ordinance from which this Section is derived, was lawfully existing and maintained in accordance with the previously applicable county or City regulations and ordinances but which does not conform or comply with all of the regulations provided in this Section, may continue to be maintained and used as a lawful nonconforming use only in compliance with the provisions and limitations imposed by Section 11-7-11(C) of this Title. Uses, parcels, structures or buildings which were unlawful or illegal and not in compliance with previously applicable regulations shall remain unlawful, illegal, and subject to abatement or other enforcement action.

(Ord. No. 2677, § 1(exh. A), 12-17-2024)