The purpose of this Land Use Code is to:

   A.   Promote the health, safety, and general welfare of the Town;

   B.   Reduce greenhouse gas emissions and prepare for the impacts of climate change on the community;

   C.   Protect the character of historic and natural areas;

   D.   Provide a safe, efficient, accessible, and connected system of transportation that emphasizes public transit, walking, and biking to enhance options to reduce overall dependence on the automobile;

   E.   Preserve and enhance the scenic beauty, aesthetics, and environmental integrity of the Town;

   F.   Encourage compatibility between different land uses and to protect the scale and character of existing development from the encroachment of incompatible uses;

   G.   Regulate and restrict the location and intensity of use of buildings, structures, and land for trade, industry, residence, and other uses;

   H.   Ensure adequate public improvements are provided; and

   I.   Ensure that the cost of design and installation of improvements in new developments are borne by the developer and persons purchasing the lots, and to avoid any direct or indirect burden placed upon adjacent property owners or the Town as a whole.

(Ord. 553, 5-20-2025)

   After the effective date of this Land Use Code, all buildings, structures, and any portion thereof, and uses of land, whether existing or established after the effective date, shall be subject to the provisions of this Land Use Code, subject to the nonconformity provisions in section 10-E-8.

(Ord. 553, 5-20-2025)

   This Chapter, as amended from time to time, shall be known and may be cited as the Town of Morrison Land Use Code. It may also be referred to within this document as the "Land Use Code," "LUC," "Chapter 1," or "this Chapter."

(Ord. 553, 5-20-2025)

   This Chapter shall become effective on June 18, 2024.

(Ord. 553, 5-20-2025)

   If any of the provisions of this Land Use Code are declared invalid, the other provisions shall remain in full force and effect.

(Ord. 553, 5-20-2025)

   A.   The location and boundaries of the zoning districts are hereby established on a map entitled "Official Zoning Map," as it may be amended from time to time, which accompanies and is hereby incorporated in and made a part of this Land Use Code.

   B.   The Official Zoning Map shall be available on the Town's Website.

   C.   In the event of a conflict between the zoning district boundaries as shown on the Official Zoning Map and the zone district adopted by the Board of Trustees by ordinance, the ordinance shall control.

   D.   Where uncertainty exists with respect to the boundaries of the various districts as shown on the Official Zoning Map, the following rules shall apply:

      1.   In subdivided areas, unless otherwise shown on the maps, the district boundaries are either streets, alleys, or record lot lines, and where a district boundary line is approximately along a street, alley, or record lot line, said street, alley, or lot line shall be construed to be the boundary.

      2.   In unsubdivided areas, the district boundaries, unless otherwise shown on the maps, are streets, highways, or land survey lines. Where a portion of any district is indicated upon the zoning district map as a strip paralleling a street or highway, the width of the strip, unless given in figures, shall be determined by the scale of the map.

(Ord. 553, 5-20-2025)

   A.   Adoption Of Existing Conditions of Approval:

      1.   This LUC adopts and incorporates by reference the stipulations and conditions from particular development approvals in effect under the previous development code, as amended and supplemented, for the Town.

      2.   This LUC further adopts and incorporates by reference all development plans, use permits, variances, stipulations, and conditions that currently apply to any property prior to the date of adoption of this LUC.

   B.   Pending Applications:

      1.   A development application that has been determined to be complete by the Town prior to the effective date of this LUC shall be decided under the regulations in effect when the application was determined to be complete unless the applicant requests review and approval under this LUC. Applications shall not be processed under a combination of prior regulations and this LUC except as stated in subsection B2 below.

      2.   Final development plans for a planned development that were preliminarily approved prior to the effective date of this LUC, but with phases requiring final approval after the effective date of this LUC may seek approval in accordance with the standards and procedures of this LUC upon applicant request.

   C.   Prior Development Approvals:

      1.   Any development approved under regulations in effect prior to the effective date of this LUC may be carried out under the terms and conditions of the approval and the development standards in effect at the time of approval, provided the approval has not expired and the development complies with any applicable standards of this LUC regarding ongoing operations and maintenance.

      2.   If the prior approval expires pursuant to Article E, is revoked, or otherwise becomes invalid, any subsequent development of the site shall be subject to the procedures and standards of this LUC.

      3.   Unless otherwise provided in the initial approval, any proposed amendment to a permit or other form of approval issued under prior regulations shall be reviewed based on the development standards in effect at the time of submission of a complete application for the amendment.

   D.   Prior Violations: Any violations of previous versions of any code or ordinance of the Town shall continue to be a violation under this LUC and shall be subject to the penalties and enforcement set forth in Article E section 10-E-10.

(Ord. 553, 5-20-2025)

Zoning districts and associated purpose statements are established as shown in Table B-1.

 

 

(Ord. 553, 5-20-2025)

   A.   A "X" in a cell of the Permitted Use Table indicates that the use is permitted by right in that zoning district, subject to compliance with any Use-Specific Standards cross-referenced in the right-hand column of that line of the table.

   B.   A "C" in a cell of the Permitted Use Table indicates that the use is permitted only after the petitioner obtains Conditional Use approval pursuant to subsection 10-E-4C, and subject to any Use-Specific Standards cross-referenced in the right-hand column of that line of the table.

   C.   An "A" in a cell of the Permitted Use Table indicates that the use is permitted as an accessory use only in support of a permitted use on the site, and subject to any Use-Specific Standards cross-referenced in the right-hand column of that line of the table.

   D.   A "T" in a cell of the Permitted Use Table indicates that the use is permitted as a temporary use only after a temporary use permit is obtained pursuant to subsection 10-E-4E, and subject to any Use-Specific Standards cross-referenced in the right-hand column of that line of the table.

   E.   An "*" indicates that a Use-Specific Standard cross-referenced in the right-hand column of the table applies to the use.

   F.   A blank cell in the Permitted Use Table indicates that the use is not allowed in that zoning district.

(Ord. 553, 5-20-2025)

When a proposed primary, accessory, or temporary land use is not explicitly listed in the Permitted Uses Table, the use is not permitted in the Town, unless Staff determines that it is included in the definition of a listed use or is so similar to a listed use that it shall be treated as the same use. Staff shall make that determination based on a comparison of the size, scale, operating characteristics, multi-modal traffic impacts, storm drainage impacts, utility impacts, and neighborhood impacts of the proposed use with other uses listed in the Permitted Uses Table. Staff’s interpretation shall be made available to the public and shall be binding on future decisions of the Town until this LUC is amended to treat the use differently.

 

 

A.   Residential Uses:

   1.   Duplex Dwelling:

      a.   Each individual dwelling unit shall have a separate entrance facing the street frontage to which the building address is assigned. Buildings on corner lots may have entrances facing either street frontage.

      b.   When applicable, the following design elements of the Duplex Dwelling shall be similar in shape, size, and design with the majority of existing single family or duplex structures on the same block face on which it is located:

         (1)   Roof pitch;

         (2)   Front porch width and depth;

         (3)   Front building setback; and

         (4)   Vehicle parking access (i.e., front-, side-, or rear- access garage or parking area).

   2.   Triplex Dwelling:

      a.   Each individual dwelling unit shall have a separate entrance facing the street frontage to which the building address is assigned. Buildings on corner lots may have entrances facing either street frontage.

      b.   When applicable, the following design elements of the Duplex Dwelling shall be similar in shape, size, and design with the majority of existing single family or duplex structures on the same block face on which it is located:

         (1)   Roof pitch;

         (2)   Front porch width and depth;

         (3)   Front building setback; and

         (4)   Vehicle parking access (i.e., front-, side-, or rear- access garage or parking area).

   3.   Multifamily Dwelling: Multifamily dwellings shall provide parking to tenants in a parking garage located within the primary structure.

   4.   Group Home, Small And Large:

      a.   Group homes shall be for the exclusive use of citizens protected by the federal Fair Housing Act Amendments of 1988 (FHAA), as defined in the FHAA and interpreted by the courts, or by any similar legislation of the State of Colorado.

      b.   No group home shall be located within one thousand feet (1,000') of any other Group Home.

B.   Agricultural Uses:

   1.   Agriculture Production: Agriculture production shall only be permitted on lots greater than 21,780 square feet.

   2.   Community Garden:

      a.   Retail sales shall be prohibited on the Community Garden site except for the sale of produce grown on that site.

      b.   The site drainage and maintenance shall prevent water and fertilizer from draining onto adjacent property.

      c.   Refuse and compost areas shall be enclosed at ground level to be rodent-resistant.

      d.   No outdoor work activity that involves power equipment or generators may occur between sunset and sunrise.

   3.   Equestrian Operation:

      a.   A maximum of five (5) horses per acre shall be permitted.

      b.   As a part of an application for conditional use approval, equestrian operation applicants shall prepare a resource stewardship plan that outlines the best management practices to be implemented for the following issues, as applicable: management of water quality, storm water, soil erosion, manure, dust, pasture vegetation, pests, wildlife, and weeds.

      c.   Noise, fumes, dust, odors, vibration, or light generated as a result of the equestrian operation will, at the property line, be below the volume, frequency, or intensity such that they do not unreasonably interfere with the enjoyment of life, quiet, comfort or outdoor recreation of an individual of ordinary sensitivity and habits.

      d.   Hours of operation for public use shall be limited to eight o'clock (8:00) A.M. to seven o'clock (7:00) P.M.

C.   Public, Institutional, And Civic Uses:

   1.   Day Care Facility:

      a.   Day care facilities shall not be located closer than five hundred feet (500') to any other day care facility.

      b.   When a license is required by the state, proof of licensing shall be presented with the application for approval. Day care facilities exempt from state licensing requirements shall provide proof of exemption.

D.   Commercial Uses:

   1.   Adult Entertainment:

      a.   Adult entertainment uses shall be located at least one thousand feet (1,000') from any residential district boundary, place of worship, or school.

      b.   Adult entertainment uses shall not be located closer than one thousand feet (1,000') to any other adult entertainment uses.

   2.   Animal Shelter:

      a.   Any part of a building where animals are boarded shall be fully enclosed, with solid core doors, and shall be sufficiently insulated so no unreasonable noise or odor can be detected off premises.

      b.   No outdoor animal run shall be permitted within two hundred feet (200') of any adjacent residential district or use.

   3.   Automotive Center And Services:

      a.   All major overhaul, body and fender work, upholstering and welding, and spray painting shall be conducted within a completely enclosed building.

      b.   No outdoor storage of automobile parts, discarded tires, or similar materials shall be permitted.

   4.   Bar, Brewery, Or Distillery:

      a.   Bars, breweries, and distilleries shall not manufacture more than ten thousand (10,000) barrels of beverages annually.

      b.   Bars, breweries, and distilleries shall maintain at least fifteen percent (15%) of the gross floor area of the facility or five hundred (500) square feet of floor space, whichever is greater, for public use as a tavern, restaurant, or tasting area.

   5.   Bed And Breakfast:

      a.   The business owner or manager of the bed and breakfast shall be required to reside on the property.

      b.   The exterior design of any exterior modification of the structure shall include façade articulation, and numbers and locations of windows and building entrances on the primary building façade, that are similar to single family detached dwellings in the surrounding area and neighborhood.

   6.   Fast Food Restaurant:

      a.   Fast food restaurants shall not be located closer than five hundred feet (500') to any other fast food restaurant uses.

      b.   Fast food restaurants shall only be permitted on properties abutting a collector or arterial street.

   7.   Fueling Station:

      a.   Outdoor storage of any wrecked or inoperable vehicles shall be prohibited.

      b.   Fuel canopies shall be located to the side or rear of properties to minimize visual impact from public streets.

   8.   Hotel:

      a.   In the HD district, there shall be a maximum of one hotel with a maximum of twenty five (25) rooms.

      b.   In the MX-N district:

         (1)   Hotels shall only be located in the East Planning Area.

         (2)   There shall be a maximum of one hotel with a maximum of ninety (90) rooms.

         (3)   Hotels shall provide parking for guests in a parking garage located within the primary structure.

   9.   Medical Or Recreational Marijuana Dispensary:

      a.   A maximum of one medical or recreational marijuana dispensary shall be permitted in the Town.

      b.   Medical or Recreational Marijuana Dispensaries shall obtain a license in accordance with Title 3 Chapter 7 of the Morrison Municipal Code prior to conditional use approval issuance.

      c.   In addition to the requirements in Title 3 Chapter 7 of the Morrison Municipal Code, the Board of Trustees may require additional standards and fees for Medical or Recreational Marijuana Dispensaries to ensure that the use promotes the public welfare, health and safety of the Town residents.

   10.   Outdoor Entertainment Or Recreation:

      a.   Ecotours and rafting shall be permitted as a use by right in all districts in the Town.

      b.   All lighting installations shall be designed to achieve no greater than the minimal illuminance levels for the activity as recommended by the Illuminating Engineering Society of North America (IESNA RP-6: Sports and Recreational Area Lighting).

      c.   All lighting fixtures shall be installed so that light trespass from any property line, except a property line abutting a public street, shall not exceed two (2) footcandles at a point one meter beyond the property line.

      d.   Field lighting for all outdoor recreational facilities shall be turned off within thirty (30) minutes after the completion of the last event of the night.

   11.   Veterinary And Animal Services:

      a.   Any part of a building where animals are boarded shall be fully enclosed, with solid core doors, and shall be sufficiently insulated so no unreasonable noise or odor can be detected off premises.

      b.   No outdoor animal run shall be permitted within two hundred feet (200') of any adjacent residential district or use.

E.   Industrial, Utility, Communication, And Energy Uses:

   1.   Commercial Wireless Telecommunications Service (CWTS):

      a.   A conditional use permit shall be required for all CWTS facilities including those established as accessory uses.

      b.   CWTS facilities shall be co-located to the maximum extent practicable. If co-location is not possible, a sworn statement shall be submitted documenting why co-location on an existing communication tower cannot meet the petitioner's requirements. Such statement must demonstrate that colocation of communication facilities on an existing communication tower is not a viable option because colocation:

         (1)   Would not result in the same communication service, functionality, coverage, and capacity;

         (2)   Is technically infeasible; or

         (3)   Is an economic burden to the petitioner.

      c.   All antennas, communication towers, other CWTS structures and any other wiring shall comply with the following requirements:

         (1)   All applicable provisions of this LUC, Building Code, as amended, and the Federal Communications Commission (FCC) when applicable.

         (2)   All communication towers and communication equipment shall be certified by a qualified and licensed professional engineer to conform to the latest structural standards and wind loading requirements of the Building Code, as amended, and the Electronics Industry Association.

         (3)   With the exception of necessary electric and telephone service and connection lines, no part of any communication equipment or communication tower nor any lines, cables, equipment or wires or braces in connection with either shall at any time extend across or over any part of a right-of-way, public street, highway, sidewalk, trail, or property line without appropriate approval in writing.

         (4)   All communication towers and communication equipment shall be designed to conform to accepted electrical engineering methods and practices and to comply with the provisions of the National Electrical Code, as amended.

         (5)   All communication towers and communication equipment shall be constructed to conform to the requirements of the Occupational Safety and Health Administration (OSHA).

         (6)   All communication towers and communication equipment shall be designed and constructed to all applicable standards of the American National Standards Institute (ANSI) manual, as amended.

         (7)   An engineer's certification shall be submitted for all communication towers and all other communication equipment to document and verify the design specifications, including, but not limited to, the foundation for all towers, anchors for all guy wires (if used), the location of all co-location sites, calculated fall zone, and strength requirements to withstand natural forces such as ice, wind, and earth movements.

         (8)   All communication towers shall be of monopole design.

         (9)   Communication towers shall be set back from all property lines a minimum distance equal to the calculated fall zone, as set forth in the petitioner's engineering certification for the communication tower.

         (10)   Only lighting that is for safety or security reasons or required by the FAA or other federal or state authority, shall be permitted. All lighting shall meet requirements of this LUC, except where state or federal requirements provide otherwise.

      d.   Each tower and antenna shall be masked, colored, or enclosed to appear visually similar to the surface on which it is mounted, or to minimize visual differences in color and texture when viewed against its background from public streets and open spaces, to reduce negative visual impact.

      e.   The outermost perimeter or security fence of a communication facility shall be screened with a solid fence or wall at between eight and ten feet (8' - 10') in height and shall provide at least one tree and three (3) shrubs per ten (10) linear feet of fencing to minimize the visual impact of the use on surrounding properties, public streets, and public open spaces. Required plantings shall be located on the side of the fence closest to abutting properties.

      f.   Any tower unused or left abandoned for six (6) months shall be removed by the tower owner at the owner's expense. Should the communication tower owner fail to remove the tower after thirty (30) days from the date a notice of violation is issued, the Town may remove the tower and bill the owner for the costs of removal and cleanup of the site.

   2.   Quarry: There shall be a maximum of one quarry permitted in the Town.

   3.   Ground- Or Building-Mounted Solar Collectors: Accessory ground-mounted solar collectors shall:

      a.   Be set back at least six feet (6') from the side and rear property line;

      b.   Not be located within an easement;

      c.   Be located to minimize glare visible from abutting properties; and

      d.   Not exceed fifteen feet (15') in height with panels oriented in vertical position.

   4.   Ground- Or Building-Mounted Wind Energy Conversion System (WECS).

      a.   Ground- or building-mounted WECS shall require a conditional use permit in all residential zone districts.

      b.   A ground-mounted WECS located on a single lot shall be set back from each property line at least 1.1 times the total height of the WECS.

      c.   A WECS that is placed on a primary or accessory structure and does not exceed the maximum height in the applicable zoning district shall meet the minimum setback for the primary or accessory structure in the zoning district where it is located.

      d.   The blades of a WECS placed on a primary building shall not extend beyond the property line in any operational position.

      e.   Each ground-mounted WECS with blades that spin on a horizontal axis and with a height of more than thirty feet (30') shall not be located within six hundred feet (600') of any State wildlife management areas, wetlands, and flood control reservoirs.

F.   Accessory Uses:

   1.   Accessory Dwelling Unit:

      a.   There shall be no more than one accessory dwelling unit on a lot.

      b.   An accessory dwelling unit may not exceed nine hundred (900) square feet of gross floor area.

      c.   No portion of a lot on which an accessory dwelling unit is located may be subdivided from or legally described differently than, the lot containing the primary residential unit, and no portion of a structure containing an accessory dwelling unit may have ownership different from the ownership of the primary dwelling unit.

      d.   There shall be one additional off-street parking space provided for the accessory dwelling unit.

      e.   Recreational vehicles may not be used as accessory dwelling units.

   2.   Drive-Through Facility:

      a.   Drive-through facilities shall be located, sized, and designed to minimize pollution, noise, and glare impacts on surrounding properties.

      b.   Drive-through facilities shall not create traffic impacts on surrounding roadways and all vehicular traffic related to the drive through shall be self-contained on the property.

      c.   Drive-through facilities shall be buffered from adjacent rights-of-way and properties through architectural elements, screening, landscaping, or site design.

   3.   Greenhouse: Greenhouses and hoop houses shall be limited to a maximum height of fifteen feet (15') and shall be located at least ten feet (10') from any lot line.

   4.   Home Occupation:

      a.   Home occupations shall not involve internal or external alterations or construction features not normally found in dwellings.

      b.   Home occupations that involve boarding animals shall be limited to six (6) animals at any one time.

      c.   No home occupation may use mechanical equipment or any device that creates noise, vibration, glare, fumes, odors, or electrical interference detectable off the premises, including those that create visual or audible interference on any radio or television receiver located off the premises.

      d.   Exterior storage of equipment or materials in connection with the home occupation and display of products, goods, or services that are visible from outside the dwelling unit shall be prohibited.

   5.   Outdoor Eating Area: Outdoor eating areas shall not interfere with pedestrian access to any public or private door, shall provide at least thirty six inches (36") wide of unobstructed sidewalk for pedestrian traffic, and shall not obstruct required parking or parking lot circulation.

   6.   Urban Agriculture:

      a.   Retail sales shall be prohibited on the Urban Agriculture site except for the sale of produce grown on that site.

      b.   Greenhouses and hoop houses are limited to a maximum height of fifteen feet (15'), shall be located at least ten feet (10') from any lot line and may not cover more than twenty five percent (25%) of the property.

      c.   Cold frames are limited to a maximum height of four feet (4') and shall be located at least ten feet (10') from any lot line.

      d.   Agricultural stands are limited to a maximum height of twelve feet (12') and shall be located at least ten feet (10') from any abutting residential use.

      e.   The site drainage and maintenance shall prevent water and fertilizer from draining onto adjacent property.

      f.   Refuse and compost areas shall be enclosed at ground level to be rodent-resistant.

      g.   No outdoor work activity that involves power equipment or generators may occur between sunset and sunrise.

      h.   Chickens and ducks shall only be permitted as a part of urban agriculture uses on lots greater than five thousand (5,000) square feet.

      i.   A maximum of five (5) birds shall be permitted per five thousand (5,000) square feet of lot area.

   7.   Recreational Vehicle And Boat Parking:

      a.   Recreational vehicle and boat parking shall be permitted as an accessory use to single family detached dwellings.

      b.   A maximum of one recreational vehicle shall be permitted per lot and shall be located in a rear or side yard.

      c.   Overnight occupancy of a recreational vehicle shall be prohibited except for a maximum of six (6) months while active construction occurs to the single family detached dwelling located on the same lot as the recreational vehicle.

   8.   Rooftop Patio:

      a.   Rooftop patios shall require a conditional use permit.

      b.   Rooftop patios including all appurtenances thereto shall not exceed the maximum height permitted in the zoning district to which it is located.

      c.   Rooftop patios are restricted to use by customers and employees of the principal business within the building, for seating and consumption of food and beverages, to the extent permitted to the principal business.

      d.   Hours of operation shall be limited to eight o'clock (8:00) A.M. to nine o'clock (9:00) P.M. Sunday through Thursday and eight o'clock (8:00) A.M. to eleven o'clock (11:00) P.M. Friday and Saturday.

      e.   No lighting shall be erected above four feet (4') from floor level.

      f.   No amplified sound or live music shall be permitted.

      g.   Service of alcohol beverages on a rooftop patio is permitted only upon approval of a liquor license for such use.

      h.   Maximum square feet shall not exceed seven hundred fifty (750) square feet, excluding stairwells but including walkways, service areas and seating.

      i.   Maximum occupancy shall not exceed fifty (50) persons.

G.   Temporary Uses:

   1.   Food Truck:

      a.   Only one food truck shall be permitted per lot and per temporary use permit for a food truck. Requests for multiple food trucks on a single lot shall require a special event temporary use permit.

      b.   A business license shall be obtained prior to issuance of a temporary use permit for a food truck.

      c.   Operators shall maintain trash receptacles and all areas used for food vending in a safe and clean condition.

      d.   Food trucks shall not obstruct pedestrian or bicycle access or passage, or parking lot circulation.

   2.   Garage Sale: A temporary use permit shall not be required for a garage sale provided that the sale takes place entirely within a residential use and occurs for less than four (4) days in a calendar year.

   3.   Seasonal Sales:

      a.   The temporary use shall be located on a lot that fronts on a collector or arterial street.

      b.   The temporary use shall be located at least fifty feet (50') from any residential district.

   The requirements of this Article apply to all new developments and subdivisions, and substantial improvement of existing development unless specifically stated otherwise in this Article.

(Ord. 553, 5-20-2025)

All development shall comply with the dimensional standards as shown in Table D-1 unless otherwise stated in this LUC.

 

 

A.   Application Of Setbacks:

   1.   No structure or use shall be located in a required setback or in areas designated for private or common open space on an approved Site Plan.

   2.   On a corner lot, the owner shall designate one street frontage as the front lot line, and all other street frontages shall be designated as side street lot line(s).

   3.   On corner lots where potential front and side lot lines create a continuous curve, a radial line intersecting the midpoint of the curve shall be deemed the boundary between the yards.

B.   Exceptions To Dimensional Standards:

   1.   Steeples, bell towers, chimneys, roof-mounted mechanical equipment, elevator equipment enclosures, and similar architectural and mechanical elements may exceed the maximum height of the applicable zoning district by no more than six feet (6').

   2.   Porches, balconies, canopies, stairways, steps, landings and decks, covered patios, enclosed courts, eaves, awnings, bay windows, fire escapes, chimneys, and steps may exceed the minimum setback of the applicable zoning district by no more than thirty three percent (33%) of the depth of the minimum setback that is required, but not closer than four feet (4') to a side lot line.

   3.   Signs, fences, and gasoline pumps shall be permitted in front, side, or rear setbacks.

C.   MX-N Height Bonus: For properties in the MX-N district located in the East Planning Area, an additional twelve feet (12') of height shall be permitted for each floor located within the primary structure that is dedicated solely to parking. A maximum of twenty four feet (24') of additional height shall be permitted.

(Ord. 553, 5-20-2025)

A.   Purpose: The purpose of this section is to:

   1.   Promote orderly, efficient, and integrated development;

   2.   Encourage the proper arrangement of subdivisions in relation to existing or planned subdivisions in order to facilitate safe, efficient and pleasant walking, biking and driving;

   3.   Ensure an adequate and efficient street system by regulating the location, design, class, and type of street, sidewalk and other transportation corridors; and

   4.   Secure adequate provisions of water, electric service, drainage, sewers, and other facilities and services for the health and safety of Town citizens.

B.   Applicability:

   1.   The standards in this section shall apply to all subdivisions in the Town.

   2.   When a standard in this section may be applied at the site plan approval stage in conjunction with a requirement in this Article D, Staff, in its sole discretion, may allow compliance with a standard in this Article to be deferred to the site plan application.

   3.   Standards related to street names and house numbers are located in Chapter 2 of Title 7.

C.   General Requirements:

   1.   The standards in this section are minimum standards. The Town may impose more restrictive standards when it finds that they are necessary to conform the design of a proposed subdivision to sound engineering or design standards or other standards in this Code.

   2.   To the maximum extent practicable, the design of subdivisions shall comply with all other Town-adopted plans and policies.

D.   Subdivision Name: The proposed name of a subdivision shall be approved by staff and shall not use a word that is the same as, similar to, or pronounced the same as a word in the name of any other subdivision in the Town except for common locational terms like hills and court.

E.   General Improvement Requirements:

   1.   Subdivision improvements shall comply with the Town Engineering Design Standards as adopted by resolution of the Board of Trustees.

   2.   All on-site and off-site public improvements and common facilities that are required to adequately serve the proposed development or are deemed necessary to address the impact caused by the proposed development shall be paid for and constructed by the applicant.

   3.   The public improvements and common facilities required to be paid for and constructed as part of the proposed development shall be governed by a separate development agreement, which shall include an adequate performance guarantee unless such requirement is waived by staff because of a lack of improvements required.

   4.   In addition to the particular improvements required by this Code, the Town may require additional public improvements that are reasonably related to the subdivision including parks, street trees, streets, sidewalks, public sanitary sewer and water extensions, storm water management facilities, soil erosion and sedimentation control, and monumentation.

   5.   An applicant may seek to stage or phase development to link the timing of development with the adequacy of public facilities provided that the demands for adequate public facilities generated by subsequent phases of the development are adequately addressed.

F.   Roadway Improvements And Design:

   1.   Street connections shall be provided to adjoining undeveloped and underdeveloped lands within and outside the Town to allow future development to connect to a public street system.

   2.   Street systems shall be designed to be through-streets. Permanent cul-de-sacs and dead-end streets shall only be used when topography, the presence of natural features, or vehicular safety factors make a vehicular connection impractical.

   3.   Alleys are permitted and encouraged and shall be:

      a.   A minimum width of twenty five feet (25'); and

      b.   Dedicated to the Town.

   4.   Street trees shall be installed on boulevards on public streets, shall be included in the landscape plan for the property, and count toward the minimum planting requirements in section 10-D-7.

   5.   Street lighting shall be installed in conformance with section 10-D-11.

   6.   The applicant shall construct or monetarily contribute to off-site roadway improvements that serve the development based on the projected demand, size of the property, and impacts caused by the vehicular traffic generated by the subdivision including the frequency and size of vehicles accessing the site.

G.   Sidewalk, Bikeway, And Trail Improvements And Design:

   1.   Sidewalks, bikeways, and trails shall comply with section 10-D-5.

   2.   Accessible curb ramps from the sidewalk to street grade shall be provided in conformance with the Americans with Disabilities Act and other applicable law.

H.   Natural, Archaeological, Paleontological, And Scenic Resource Protection:

   1.   Unless waived by staff based on evidence that no natural, archaeological, paleontological, or scenic resources exist on the site, all major subdivision and major site plan applications shall be accompanied with an existing conditions map prepared by a licensed professional that outlines all riparian areas, wetlands, critical wildlife habitat and corridors, archaeological features, geologic hazards, and slopes greater than thirty percent (30%).

   2.   No land disturbance of any kind shall occur within ten feet (10') of any identified natural and scenic feature unless adequate mitigation measures that reduce or eliminate the impacts of the disturbance on the feature are approved by Staff.

I.   Easements: All easements and rights-of-way necessary to serve the development shall be dedicated to the Town or the applicable utility provider by the applicant as part of the subdivision approval process or through separate instrument in a form approved by the Town Attorney.

J.   Utilities:

   1.   Utilities shall comply with Title 8 of the Code.

   2.   All new utilities shall be placed and maintained underground, unless determined by the Town that extraordinary circumstances related to the physical condition of the property render undergrounding impossible. Such utilities shall be constructed within street rights-of-way or within easements dedicated for such use.

K.   Maintenance:

   1.   Maintenance of newly installed public improvements shall remain with the applicant for a period of two (2) years from final inspection or as otherwise defined in a development agreement.

   2.   Following the expiration of the required maintenance period, the Town shall assume responsibility for maintenance and upkeep of public facilities upon the acceptance of such improvements in a form approved by the Town.

(Ord. 553, 5-20-2025)

A.   Floodplains:

   1.   Applicability: All new development and substantial improvements to existing development in a special flood hazard area as delineated by the most recent report available from the Federal Emergency Management Agency (FEMA) and areas removed from the floodplain by the issuance of a FEMA letter of map revision based on fill (LOMR-F) shall comply with the standards in this section. If a building or structure lies partly within the floodplain, these standards apply to the entire building or structure lying within any portion of the floodplain.

   2.   Permit Required: A floodplain development permit issued pursuant to subsection 10-E-4F shall be required prior to any new development or substantial improvement that is subject to this section.

   3.   Standards:

      a.   No channelization or flow diversion projects shall be permitted unless the applicant establishes that no adverse impact to adjoining properties will occur and the historic flow with the same flow characterizations are established upon completion of the channelization or diversion.

      b.   No new development or substantial improvement shall occur in a designated floodway unless the applicant demonstrates through hydrologic and hydraulic analyses performed by a licensed Colorado professional engineer that the proposed encroachment would not result in any increase in flood levels within the Town during the occurrence of the base flood discharge.

      c.   All structures shall have the lowest floor (including basement), electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), elevated to one foot above the base flood elevation or at least two feet above the depth number specified in the Town's Flood Insurance Rate Map (FIRM) for areas designated as shallow flooding.

      d.   Fully enclosed areas below the lowest floor that are usable solely for parking vehicles, building access, or storage in an area other than a basement shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters by including the following:

         (1)   A minimum of two (2) openings having a total net area of not less than one square inch for every square foot of enclosed area;

         (2)   The bottom of all openings shall be no higher than one foot (1') above grade; and

         (3)   Openings equipped with screens, louvers, valves, or other coverings or devices permit the automatic entry and exit of floodwaters.

      e.   All structures shall be anchored to prevent flotation, collapse, or lateral movement of the structure.

      f.   All structures shall be constructed with materials and utility equipment resistant to flood damage below the floodplain grade.

      g.   All structures shall be constructed to minimize flood damage.

      h.   Electrical, heating, ventilation, plumbing, air conditioning equipment, utility meters, and other service facilities shall be located at or above the floodplain grade and designed to prevent water from entering or accumulating within the components below the floodplain grade. Water and sewer pipes, electrical and telephone lines, submersible pumps, and other waterproofed service facilities may be located below the floodplain grade.

      i.   Water supply and sanitary sewer systems shall be designed to minimize or eliminate infiltration of flood waters into the system.

      j.   Onsite waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.

      k.   Materials which are flammable, hazardous, toxic, or explosive, or that in times of flooding could be harmful to human, animal, or plant life may not be produced, stored, or processed in a floodplain.

B.   Wetlands:

   1.   Applicability: This section shall apply to all subdivision and site plan applications in the Town except when an applicant has complied with subsections 10-D-3H at the subdivision stage.

   2.   Standards:

      a.   When there is a substantial likelihood of a wetland existing on a property proposed for development, Staff shall require, at the applicant's expense, a licensed professional to study the property to determine the existence of a wetland and delineate the boundaries of the wetland on the applicable property.

      b.   No land-disturbing activity, mowing, or temporary or permanent structure shall be allowed within ten feet (10') of a delineated wetland.

   3.   A wetland buffer area extending ten feet (10') from a delineated wetland shall be required on all delineated wetlands.

   4.   Draining of a delineated wetland shall be prohibited.

C.   Stormwater:

   1.   Applicability: This section shall apply to all subdivision and site plan applications that propose to increase impervious surface area.

   2.   Plan Required:

      a.   A stormwater management plan shall accompany an application for site plans for all properties subject to this section.

      b.   Stormwater management plans shall address the impact a development will have on existing drainage facilities and how the storm drainage system complies with this section and the Town's Engineering Design Standards.

   3.   Standards:

      a.   Stormwater facilities shall be constructed in conformance with Town Engineering Design Standards as adopted by resolution of the Board of Trustees.

      b.   Stormwater runoff from a construction site directed to a wetland shall be substantially free of silt and debris and shall be discharged at a rate that will not disturb vegetation or increase turbidity.

      c.   Increases in runoff from the five (5) year and one hundred (100) year frequency storms due to development, redevelopment, or change of use activity on the site shall be adequately detained within the development and released at a rate no greater than existed prior to the development or as permitted by the Town's Engineering Design Standards.

      d.   No fences or structures shall be constructed across an open drainage channel or easement that will reduce or restrict the flow of water unless part of an approved retention or detention facility or a revocable permit has been approved to allow the fence or structure. If a revocable permit is required, conditions attached to that permit may require mitigation of impacts related to the crossing.

      e.   The Town may require any water course or stormwater management facility to be located within a dedicated drainage easement that provides sufficient width for maintenance as further described in the Town's Engineering Design Standards.

D.   Grading:

   1.   Applicability: This section shall apply to all subdivision and site plan applications that include any land-disturbing activity that requires the grading of slopes except the construction of public trails.

   2.   Standards:

      a.   All unarmored and structurally unretained graded slopes and fills shall be limited to a 3:1 grade (three feet horizontal to one foot vertical).

      b.   Any graded or fill slope which exceeds a 3:1 grade shall be required to use universally accepted armoring techniques, or retaining structures as approved by the Town Engineer or, at the developers expense, certification by a licensed professional engineer stating that the slopes can be stabilized by plantings, vegetative seeding, mulching. When slope cuts involve rock formations it may be required to be certified by a registered geologist.

      c.   Any graded or fill slope which exceeds a 3:1 grade shall be terraced at twenty foot (20') vertical intervals. Slopes graded between 2:1 and 3:1 shall have a minimum bench width of five feet (5'). Slopes steeper than 2:1 shall have a minimum bench width of five feet (5') and may be required to have wider benches upon Town Engineer determination.

      d.   Maximum slopes proposed within a minimum of twenty feet (20') of an established property line or any required setback adjacent to a property line shall be 3:1 tying into existing grades along perimeter or property line of the site or retained via retaining walls or other acceptable measures.

      e.   For subdivisions of three (3) acres or greater and to the maximum extent reasonably practicable, developments shall be designed in a manner that preserves the natural topography of the site and minimizes the use of cut and fill.

(Ord. 553, 5-20-2025)

A.   Vehicle Circulation:

   1.   Vehicular access and circulation for a development shall incorporate the continuation and connection of public street roadways and associated rights-of-way that have been extended or connected to the boundary of the development site from existing or approved abutting developments.

   2.   The vehicular access and circulation for a development shall provide for the extension or connection of proposed internal public street roadways and associated rights-of-way to those boundaries of the development site whenever such extensions or connections are or may be necessary to ensure that the development site or the abutting property will have:

      a.   At least two (2) vehicular access points to and from an external through street system;

      b.   Convenient and efficient access by vehicles needed to provide police, fire, and emergency services; and

      c.   Convenient and efficient access by vehicles needed to provide other public services.

   3.   An extension or connection of a public street roadway and right-of-way to an abutting property, street, or right-of-way shall include the extension or connection of associated bikeways and sidewalks.

B.   Pedestrian Circulation:

   1.   All developments shall integrate an interior and exterior pedestrian network comprised of concrete sidewalks or asphalt paths for pedestrian transportation and recreation. This network shall include pedestrian facilities along street frontages and pedestrian connector paths between developments and public destinations (e.g., schools, parks, hospitals), nearby trails, other developments, and vacant land.

   2.   Internal sidewalks shall be provided that link abutting streets to primary entrances of primary buildings on the site, link separate facilities within the site to each other, and provide access to adjoining transit stops. Internal sidewalks shall not be required for lots containing primary single family detached, duplex, or triplex dwelling uses.

   3.   To the extent possible, all required external sidewalks shall be located one foot inside the right-of-way to be dedicated to the Town. If utility poles, trees, or other physical characteristics complicate installation, then the sidewalk or path may extend into individual lots or common area if the area of encroachment is placed within a pedestrian easement.

   4.   Sidewalks shall be constructed of durable, smooth, and skid resistant material approved by the Town and a minimum width of five feet.

   5.   Where residential developments have cul-de-sacs or dead-end streets, such streets shall be connected to the closest local or collector street or to cul-de-sacs in adjoining subdivisions via a sidewalk or multi-use trail.

C.   Driveways And Access:

   1.   Every lot shall have sufficient access providing reasonable means of ingress and egress for emergency vehicles and for those needing access to the property for its intended use.

   2.   All driveway entrances and other openings onto streets shall be constructed so that:

      a.   Vehicles may safely enter and exit the property;

      b.   Interference with the free and convenient flow of traffic in abutting or surrounding streets is minimized; and

      c.   Shared driveways are provided to the maximum extent feasible to minimize the number of access points to streets (except for driveways within residential subdivisions or along private residential streets).

   3.   All driveways from existing private or public roads that interfere with a natural or constructed drainage course shall provide a drainage culvert approved by the Town Engineer.

   4.   No entrance or drive shall be installed within forty feet (40') of any intersection.

   5.   For residential uses, a maximum of one driveway access point shall be permitted, regardless of the number of street frontages, except that a circle drive shall be permitted according to the following standards:

      a.   The maximum circle drive width shall be ten feet (10');

      b.   The lot shall have at minimum of one hundred twenty feet (120') of street frontage on the street the circle drive will access; and

      c.   The minimum distance between the driveway access points of a circle drive shall be sixty feet (60'), measured from the inside edge of each driveway where it intersects the public right-of-way.

   6.   For residential uses, there shall be no direct driveway access to any arterial street or highway unless no other legal access alternative is available.

   7.   For new development, all driveway aprons onto a street shall be constructed of concrete.

   8.   Drive cuts shall ramp to meet the pedestrian and/or bicycle facility in order to keep the pedestrian and/or bicycle facility at the same grade.

D.   Vision Clearance Triangle:

   1.   No obstruction that will obscure the view of motor vehicle drivers shall be placed within the triangular area formed by joining points measured thirty feet (30') along the property line from the intersection of two (2) streets, or by joining points measured ten feet (10') back along a driveway and lot line from the point of intersection of the driveway and lot line.

   2.   Within the area of the triangle there shall be no sight-obscuring or partly obscuring wall, fence, sign, or foliage higher than thirty six inches (36") above curb grade or, in the case of trees, foliage lower than six feet.

   3.   Vertical measurement shall be made from the top of the curb on the street adjacent to the nearest street of the triangle or, if no curb exists, from the edge of the nearest traveled way.

   4.   Vision clearance triangles for intersections may be reduced upon a determination by staff that such a reduction is not expected to have a significant impact on vehicle, bicycle, or pedestrian safety at the intersection and such a reduction is within engineering standards or guidelines for vehicle, bicycle, or pedestrian modes.

(Ord. 553, 5-20-2025)

A.   Minimum Parking Required:

   1.   The number of off-street parking for uses in all districts shall be provided as shown in Table D-2 except as stated in subsection A2 below.

   2.   No minimum parking shall be required in the HD district except for new Multifamily Dwellings.

 

 

B.   Unlisted Uses: For uses not listed in Table D-2, staff is authorized to establish the minimum off-street parking requirement based off the listed use that is deemed most similar to the proposed use.

C.   Shared Parking: Where two (2) or more uses within five hundred feet (500') of each other share a parking lot or garage, the total off-street parking requirement for those uses shown in Table D-2 may be reduced by twenty five percent (25%). The total off-street parking required shall be the sum of the shared uses parking requirements for the uses eligible to share parking minus twenty five percent (25%). Shared parking reductions shall be approved by Staff.

D.   Parking Study: Uses that reference this subsection in Table D-2 have widely varying parking and loading demand characteristics, making it difficult to specify a single off-street parking or loading standard. Upon receiving an application for a use subject to this subsection, Staff shall apply the off-street parking and loading standards based on a parking and loading demand study prepared by the applicant. Such a study shall estimate parking demand for the proposed use based on the recommendations of the Institute of Traffic Engineers, Urban Land Institute, the American Planning Association, or other acceptable source of parking demand data for uses and/or combinations of uses of comparable activities, scale, bulk, area, and location.

E.   Accessible Parking: The number and design of accessible parking spaces shall be pursuant to the International Building Code (IBC) as adopted in the Morrison Municipal Code and the Americans with Disabilities Act, as amended.

F.   Parking Design And Layout:

   1.   Use Requirements:

      a.   No required off-street parking or loading space shall be used for any purpose other than the parking of vehicles.

      b.   Parking shall be prohibited in aisle ways, rights-of-way, fire lanes or similar areas not officially designated for parking purposes. These areas shall be posted with "No Parking" signs and/or other means as required by Staff.

      c.   Required parking spaces and areas shall not be used for the sale, display, or repair of motor vehicles or other goods and services unless authorized by a temporary use permit.

      d.   Parking shall not be used for overnight occupancy and parking of recreational vehicles, campers, trailers, buses, vans, motor homes, moving vans, refrigerator trucks, or similar vehicles, except as authorized by Staff or this LUC.

      e.   No vehicle shall be stored in the same public parking space for a period of forty eight (48) hours or longer.

   2.   Design Requirements:

      a.   Parking spaces shall be a minimum of nineteen feet (19') in length and eight feet (8') in width.

      b.   All parking areas shall be properly graded for drainage and be surfaced with colored concrete, asphalt, or dust-free permeable materials such as permeable pavers or other surfacing as approved by Staff.

      c.   Parking areas shall be designed to minimize conflicts with pedestrians and vehicles.

      d.   All parking aisles shall terminate with a bump-out for turnaround maneuverability.

      e.   Curbs shall be installed at a minimum of three feet (3') from the face of walls, fences, buildings and other structures adjacent to the exterior boundaries of the property. These areas shall be landscaped except for required pedestrian walkways.

      f.   Traffic control signs and/or striping shall be provided within all parking areas as necessary to minimize vehicular and pedestrian conflicts.

   3.   Location Of Parking Areas:

      a.   For single family and duplex dwellings in all districts, off- street parking areas shall be located in a garage or on a driveway.

      b.   For all other uses in all other zoning districts, parking areas shall not be located between the front building façade and the adjacent street frontage.

      c.   When residential uses are located to the rear of a proposed commercial development on a corner site, parking and service areas may be located to the front or side of the building; provided, that they are adequately screened, so that the building acts as a buffer between the parking areas and residential uses.

      d.   Required off-street parking, loading, and vehicle stacking spaces shall be located on the same lot as the principal use, except as otherwise provided in subsection B.

G.   Loading Spaces:

   1.   Buildings with over ten thousand (10,000) gross square feet shall provide one loading space per every 10,000 gross square feet unless the applicant can demonstrate that the use in question is not of the type to warrant a loading space.

   2.   Loading spaces shall be ten feet by twenty five feet (10' x 25').

   3.   Loading areas shall not interfere with parking lot maneuvering areas.

H.   Electric Vehicle Charging Stations: Parking areas with twenty (20) or more parking spaces shall provide a minimum of one parking space dedicated to electric vehicles for every twenty (20) parking spaces provided on site. The electric vehicle parking space shall be:

   1.   Located on the same lot as the principal use;

   2.   Signed in a clear and conspicuous manner, such as special pavement marking or signage, indicating exclusive availability to electric vehicles; and

   3.   Outfitted with a standard electric vehicle charging station.

(Ord. 553, 5-20-2025)

A.   General Requirements:

   1.   No required landscape area shall be used for any purpose other than housing landscaping materials including public benches and structures to protect trees.

   2.   All required landscaping shall be installed prior to the issuance of a certificate of occupancy for the property.

   3.   All required landscaping that requires irrigation shall be provided with a permanent and adequate means of underground irrigation.

   4.   All landscaping shall be continuously maintained by the property owner in accordance with the approved landscape plan except that all plants shall be permitted to grow in natural patterns.

B.   Landscape Plan:

   1.   A landscape plan with designed landscaped areas shall be submitted with all development applications where landscaping, buffering, or screening is required unless the relevant decision-making authority determines that compliance with the provisions of this Section can be demonstrated without the use of a landscape plan.

   2.   The landscape plan shall show existing trees drawn to scale and proposed trees after ten (10) years of growth.

C.   Alternatives Permitted: A reduction in the count, configuration, or location of required landscaping materials may be allowed when alternatives are justified by site or development conditions. The applicant shall provide justification for the use of alternatives and shall demonstrate how compliance with the standard(s) from which a deviation is sought will be achieved to the maximum extent practicable. Conditions that may justify approval of an alternative landscape plan include:

   1.   Natural conditions, such as watercourses, natural rock formations, or topography;

   2.   The likelihood that required landscaping material would not achieve the intent of this Code at maturity due to topography, placement, or other existing site conditions;

   3.   Unique lot size or configuration;

   4.   Infill development or redevelopment on small lots;

   5.   The presence of existing utility or other easements;

   6.   The potential for interference with public safety;

   7.   Preservation of natural vegetation; or

   8.   Other situations where strict adherence to the buffer or landscaping standards in this LUC are determined impractical by Staff.

D.   Approval Of Alternative Landscaping: Staff may approve alternative landscape plans that do not meet the specific requirements stated in this section, when the applicant demonstrates and staff determines that the alternatives meet all the following criteria:

   1.   Do not include invasive vegetation or invasive species;

   2.   Provide equal or superior buffering of adjacent properties from anticipated impacts of the proposed development; and

   3.   Provide equal or superior visual appearance of the property when viewed from a public right-of-way.

E.   Minimum Landscaping Required:

   1.   Amount Of Plantings: Required landscaped areas shall be planted at a minimum rate of one tree and three shrubs per four hundred (400) square feet.

   2.   Frontage Landscaping: Except for all single family detached, duplex, and triplex dwellings or any use in the open space district, a landscape area shall be established along all streets between the public right-of-way and any buildings, parking lots, loading areas, storage areas, screening walls or fences, or other improvements in association with any use. Any area within a required front and exterior side setback area that is not occupied by improvements associated with the primary use shall be landscaped.

   3.   Parking Lot Landscaping:

      a.   Parking Lot Screening Adjacent To Residential Uses: Off-street parking areas that are located adjacent to Single Family Detached and Duplex Dwellings shall be screened according to the following standards:

         (1)   A landscape buffer a minimum of ten feet (10') in width, measured inward from the property line on all sides of the property abutting the Single Family Detached or Duplex Dwelling; or

         (2)   A solid wall or fence no less than six feet (6') in height.

      b.   Parking Lot Screening Along Street Frontages: Off-street parking areas shall be screened from all frontages facing a public or private right-of-way, exclusive of driveways, according to the following standards:

         (1)   A landscape buffer a minimum of five feet (5') in width;

         (2)   A landscaped earthen berm a minimum of three feet (3') in height with a slope no greater than 3:1; or

         (3)   An opaque decorative wall a minimum of three feet (3') in height with openings six to eight feet (6'-8') wide to allow passage of bicycles and pedestrians from the street into the parking area.

      c.   Parking Lot Landscape Islands: Parking Lots with more than ten (10) spaces shall devote at least five percent (5%) of the site area to landscape islands including a minimum of one tree and three (3) shrubs per every three hundred fifty (350) square feet of landscape island area.

F.   Landscape Materials:

   1.   Native Plant Species: A minimum of fifty percent (50%) of the plants on a development site shall be native species.

   2.   Non-Native Plant Species: Any non-native plant species shall have low water usage and be drought tolerant and freeze resistant.

   3.   Artificial Plants: Artificial trees, shrubs, or plants (including nonfunctional turf) shall be prohibited.

   4.   Plant Diversity:

      a.   No one plant species shall comprise more than fifty percent (50%) of the quantity of required landscape materials.

      b.   For development sites five thousand (5,000) square feet or larger, a minimum of five (5) different plant species shall be used in the overall development site landscape plan.

   5.   Minimum Plant Size: All vegetation installed to satisfy the requirements of this section shall meet the following minimum size requirements at the time of planting:

      a.   Evergreen trees shall be at least eight feet (8') tall;

      b.   Deciduous trees shall have a two-inch (2") caliper; and

      c.   Shrubs shall be at least one-foot (1') tall.

G.   Existing Vegetation: Existing vegetation may be counted toward the requirements of this section on a one-to-one basis upon a finding by staff that the vegetation may be adequately preserved during construction and meets the general requirements of this section.

H.   Trash Containers And Refuse Areas: All trash containers and refuse areas shall be designed to be wildlife friendly and include wildlife-resistant trash enclosures.

(Ord. 553, 5-20-2025; amd. Ord. 2025-556, 12-2-2025)

A.   Roof-Mounted Mechanical Equipment:

   1.   Roof-mounted mechanical equipment shall be screened by a parapet wall or similar feature that is an integral part of the building’s architectural design.

   2.   The parapet wall or similar feature shall be sufficient to screen the mechanical equipment from all sides when viewed from ground level.

   3.   Building-mounted solar collectors shall be exempt from the screening requirements.

B.   Ground-Mounted Mechanical Equipment:

   1.   Outdoor ground-mounted mechanical equipment shall be located where it is not visible from public open space, public trails, public streets, or from adjacent properties to the maximum extent practicable.

   2.   In cases when ground-mounted mechanical equipment is visible from a public open space, public trail, public street, or adjacent property, the equipment shall be screened from view by a solid wall or fence or a vegetative screen that satisfy the following criteria:

      a.   The wall or fence shall be of a height equal to or greater than the height of the mechanical equipment being screened and shall be compatible with the architecture and landscaping of the development; or

      b.   The vegetative screen shall be planted along the full length of the equipment to be screened and shall be of a height equal to or greater than the height of the equipment to be screened at the time of planting.

   3.   Ground-mounted solar collectors shall be exempt from the screening requirements when it can be clearly demonstrated that required screening would reduce the efficiency or effectiveness of the solar energy equipment.

C.   Loading, Service, And Refuse Areas:

   1.   Outdoor loading, service, and refuse areas shall be integrated into the building design if possible, or shall be located where they are not visible from public open space, public trails, public streets, or from adjacent properties, to the maximum extent practicable.

   2.   In cases when loading, service, and refuse areas are visible from a public open space, public trail, public street, or adjacent property, the loading, service, and refuse areas shall be screened from view by a solid wall or fence a minimum of eight feet in height that incorporates at least one of the primary materials and colors of the nearest wall of the primary building (but excluding unfinished CMU block). Dense, mature landscaping may be used to satisfy the screening requirement with approval by staff, provided the screening achieves a similar level of screening.

(Ord. 553, 5-20-2025)

A.   Maximum Height:

   1.   Walls and fences in front yards shall not exceed four feet (4') in height except as stated in subsections A3 and A4 below.

   2.   Walls and fences in side or rear yards shall not exceed six feet (6') in height except as stated in subsections A3 and A4 below.

   3.   Walls and fences necessary for security as a part of a nonresidential use or around sports courts shall not exceed twelve feet (12') in height.

   4.   Fences constructed on top of a retaining wall shall be permitted an additional two feet (2') of height above the applicable requirement.

B.   Materials:

   1.   Walls and fences shall be designed as an integral part of a new development project and shall be architecturally compatible with principal buildings in terms of materials, colors, and design.

   2.   Chain link, razor wire, barb wire, highly reflective corrugated material, and nontextured or unfinished concrete or block materials shall be prohibited.

   3.   Walls and fences shall be designed to be wildlife friendly and include highly visible markers to ungulates and birds and methods to allow wildlife to jump over or crawl under to access habitats and travel corridors unless determined by Staff that no harm to wildlife is posed by an alternative design.

C.   Maintenance: All fences shall be maintained in good working order by the property owner.

(Ord. 553, 5-20-2025)

A.   Applicability:

   1.   This Section shall apply to the display, construction, erection, alteration, use, location, and maintenance of all signs within the Town except as stated in subsection A2 below.

   2.   The following signs shall be exempt from the requirements of this section:

      a.   Any sign erected, maintained, required, or posted by the Town, state, or federal government when erected and maintained pursuant to law or in the public interest.

      b.   Any sign inside a building not attached to a window or door that is not legible from a distance of more than three feet (3') beyond the lot line of where the sign is located.

      c.   Any non-lighted sign not exceeding three feet (3') in height and not exceeding three (3) square feet in area that is oriented, located, and designed to be viewed by occupants or users of the property while on the property, and not to be generally legible from abutting streets or properties.

      d.   Sound trucks or other moving advertising media while operating on a public right-of-way.

      e.   Signs under twelve inches (12") in height to enable emergency personnel to accurately identify structures or locations.

      f.   Any temporary sign erected during any period a property or a portion of a property is actively listed for sale or lease and that does not exceed twenty four (24) square feet in area or four feet (4') in height.

      g.   One temporary sign, located at a construction site or on a construction barricade, beginning on the date a building permit is issued and ending on the date on which the last initial certificate of occupancy related to that building permit is granted.

B.   Signs Requiring A Permit:

   1.   All signs erected, altered, or replaced within the Town that are not exempted in subsection A shall require a sign permit.

   2.   A new sign permit shall be required for any Substantial Improvement to a property.

C.   Prohibited Signs: The following types of signs shall be prohibited.

   1.   Signs that contain stacked, multiple display faces;

   2.   Flashing, moving, or intermittently lighted signs;

   3.   Banners, pennants, streamers, balloons, flags, search lights, strobe lights, beacons, inflatable signs, and costumed characters except as otherwise provided;

   4.   Off-premises signs except as otherwise provided;

   5.   Roof-mounted signs;

   6.   Electronic message signs;

   7.   Any sign that is constructed to resemble an official marker erected by the Town, state, or any governmental agency or that by reason of positioning, shape, or color would conflict with the proper functioning of any traffic sign or signal or would impair or cause confusion of vehicular or pedestrian traffic; and

   8.   Any sign that contains any obscene wording or images.

D.   Maximum Height:

   1.   In residential districts, the maximum sign height shall be six feet (6').

   2.   In all other districts, the maximum sign height shall be twelve feet (12').

E.   Required Setback: Unless stated otherwise in this LUC, all signs on private property must be set back four feet (4') from any public right of way and may not be placed in street medians, Vision Clearance Triangles, or within a required parking space.

F.   Maximum Number Of Signs:

   1.   A total of four (4) signs are permitted per use except as stated in subsection F2 below.

   2.   The following signs shall be permitted in addition to the permitted signs allowed in each district:

      a.   At each primary entrance to a residential subdivision, an additional two (2) freestanding signs are permitted each with a maximum height of six feet (6') and a maximum gross surface area one hundred (100) square feet.

      b.   Signs located on sites where subdivision, development, redevelopment, initial construction, or other major improvement of the property is under way shall be permitted an additional two (2) freestanding, wall, or window signs that shall not exceed sixty four (64) square feet in total area nor thirty two (32) square feet per face and shall not exceed eight feet (8') in height.

G.   Maximum Sign Area:

   1.   On arterial street frontages, the maximum total sign area shall be two (2) square feet of sign area for each linear foot of building frontage for the first one hundred feet (100'), then one-half square feet of sign area for each linear foot of building frontage thereafter as measured along the building frontage (the longest building frontage with a public entrance), up to the limit in subsection G3 below.

   2.   On all other street frontages, the maximum sign area shall be one square feet of sign area for each linear foot of building frontage for the first two hundred feet (200') of building frontage; then one-half square feet of sign area for each linear foot of building frontage thereafter as measured along the building frontage (the longest building frontage with a public entrance), up to the limit in subsection G3 below.

   3.   Maximum total sign area per use shall not exceed six hundred (600) square feet in any case.

H.   Design Standards:

   1.   No sign shall be placed that obstructs or interferes with a window, doorway, or fire escape.

   2.   Signs shall not be placed in or project into any Vision Clearance Triangle.

   3.   No signs except those of a governmental entity shall be erected or allowed to extend over a public right-of-way, unless a revocable permit from the Town is obtained prior to issuance of a sign permit.

   4.   No sign that is permitted to extend over a public right-of-way may have a lower edge less than nine feet (9') above the grade level of the right-of-way.

   5.   All permanent signs shall be constructed to meet Building Code standards for wind resistance and wind loads. Signs shall be rigidly suspended by means of fastening or support.

   6.   No signs shall be painted on, attached to, or affixed to any trees, rocks, or similar organic or inorganic natural matter, or on any power line or telephone pole.

I.   Operational Standards:

   1.   The property owner shall be responsible for removing abandoned signs within five (5) days.

   2.   All signs shall be structurally sound and maintained in good repair. The display surfaces of all signs shall be kept neatly painted or posted at all times.

   3.   Any sign determined by staff to be a hazard to safety, health, or public welfare by reason of inadequate maintenance, dilapidation, or electrical shall be remedied immediately.

   4.   A noncommercial message may be substituted for a commercial message on any sign permitted by this section.

J.   Temporary Signs:

   1.   Two (2) temporary signs are permitted per property.

   2.   Temporary signs shall not exceed thirty two (32) square feet in total surface area per use.

   3.   Temporary signs shall remain in place for less than thirty (30) days at a time and a total of one hundred twenty (120) days a year, except that staff may, for good cause, extend the time up to thirty (30) additional days upon written request by the applicant. Only one temporary sign per applicant shall be permitted to exceed the time limit in any calendar year, except by Conditional Use.

K.   Murals:

   1.   Mural signs shall be exempt from size and height limitations and not be counted toward the maximum number of signs permitted on a property.

   2.   The proposed design and placement of the mural shall be included with the sign permit application.

   3.   Approval Criteria: Staff shall approve a mural sign permit when all the following criteria are met:

      a.   The property owner has given written consent for the mural to be constructed on their property;

      b.   The proposed mural promotes and enhances the aesthetic beauty and character of the Town;

      c.   The proposed mural is primarily artistic in nature;

      d.   The proposed mural is a “one-of-a-kind” work of art and does not appear in any other public form including but not limited to advertising, logos, and trademarks and including publications where the mural is used to promote or identify the sponsor in any form; and

      e.   The proposed mural does not include offensive or illegal images or language.

(Ord. 553, 5-20-2025)

A.   Applicability: All new exterior lighting in all zoning districts shall conform with this section except that the following shall be exempt:

   1.   Underwater lighting in swimming pools and other water features.

   2.   Temporary lighting for:

      a.   Decorative seasonal lighting provided that individual lamps have a light output of seventy (70) lumens or less;

      b.   Emergency or nighttime work and construction; and

      c.   Theatrical, television, and performance areas, or for special events authorized through a Town permit.

   3.   Lighting required by state or federal law.

   4.   Lighting necessary for athletic or recreational facilities.

B.   Nonconforming Lighting:

   1.   All lighting that does not conform to the provisions of this LUC shall be brought into compliance by June 1, 2026. Until this time, no modification or replacement shall be made to a nonconforming fixture unless the fixture thereafter conforms to the provisions of this LUC, except that identical lamp replacement is allowed.

   2.   In the event that an outdoor lighting fixture is abandoned or damaged to the point of requiring repairs for safe operation, the repaired or replacement fixture shall comply with the provisions of this Code.

C.   Prohibited Lighting: The following types of lighting shall be prohibited:

   1.   Florescent, low pressure sodium, neon, and mercury vapor light bulbs and fixtures.

   2.   Lighting emitting a Correlated Color Temperature (CCT) in excess of 3,000 Kelvin.

   3.   Searchlights, laser source lights, strobe or flashing lights, illusion lights, or any similar high intensity light.

   4.   Unshielded lights.

D.   Standards:

   1.   All luminaires shall be International Dark Sky Association compliant and contain an IDA certification like the following

   2.   All exterior lighting fixtures shall be fully shielded so that no light is emitted above a horizontal plane running through the lowest point of the luminous elements.

   3.   There shall be no single lighting fixture brighter than 1,500 lumens.

   4.   Light intensity at ground level shall not exceed an average of two (2) footcandles within a uniformity ratio of fifteen (15) to one (15:1), except that parking lots with ten (10) or more spaces shall not exceed an average of five (5) footcandles with a uniformity ratio of ten to one (10:1).

   5.   Fixtures located on buildings shall not be located above the eave line or above the top of the parapet wall.

   6.   Fixtures affixed to a pole shall not exceed twelve feet (12') in height.

   7.   All luminaires that are mounted on a building wall facing a lot line adjacent to a residential use or public right-of-way shall be fitted with a shield on the side facing the residential use or public right-of-way to minimize any light trespass.

   8.   A photometric plan shall be required with all site plans that demonstrates conformance with this section.

E.   Pedestrian Lighting:

   1.   Pedestrian street lighting in the right-of-way shall be provided as a part of all new development and Substantial Improvements.

   2.   Pedestrian street lighting shall be of the same architectural design as existing pedestrian lighting in the Town as determined by Staff.

   3.   Pedestrian lighting shall be spaced every forty to fifty feet (40'- 50').

(Ord. 553, 5-20-2025)

A.   Applicability:

   1.   This section shall only apply to new development in the MX-N and HD districts.

   2.   Existing structures that do not meet the requirements herein shall be permitted to be maintained, modified, and altered without regard to compliance with this Section.

B.   Building Form:

   1.   Building Masses:

      a.   To maximize the integration of the built environment with the natural environment, and to minimize the distractions of the built environment, all new developments must incorporate architectural elements that reduce the apparent size and bulk of buildings by complying with the standards in this subsection.

      b.   All required building masses shall:

         (1)   Vary in height vertically by a minimum of two feet (2') from any adjacent mass or masses;

         (2)   Be one hundred (100) square feet minimum; and

         (3)   Have a minimum width and depth of six feet (6').

      c.   An upper story that is recessed by a minimum depth of six feet (6') shall qualify as a visual building mass.

      d.   Depth and width dimensions shall be measured perpendicular to each other.

      e.   Single Family Detached Dwellings:

         (1)   All single family detached dwellings under two thousand (2,000) square feet in gross floor area shall be composed of at least two (2) visual building masses of differing heights and at least two (2) visual building masses of differing planes.

         (2)   All single family detached dwellings two thousand (2,000) square feet or greater in gross floor area shall be composed of at least three (3) visual building masses of differing heights and at least three (3) visual building masses of differing planes.

      f.   Duplex, triplex, and multifamily dwellings over one thousand five hundred (1,500) square feet in gross floor area shall be composed of at least three (3) visual building masses of differing heights and planes.

      g.   Public, Institutional, Civic, And Commercial Uses:

         (1)   All Public, Institutional, Civic, and Commercial uses over one thousand five hundred (1,500) square feet in gross floor area shall be composed of at least three (3) visual building masses of differing heights and planes.

         (2)   In plan and elevation view, the largest single building mass shall contain no more than sixty percent (60%) of the total building footprint, and the largest two (2) building masses together shall contain no more than eighty percent (80%) of the total building footprint.

   2.   Building Articulation:

      a.   Horizontal Articulation: With the exception of Single Family Detached and Duplex Dwellings, all new buildings shall be designed to reduce unrelieved planes by dividing façades into a series of smaller components. Each building elevation, regardless of exterior wall plane setback or the location of interior, shall incorporate at least one of the following elements for every sixteen (16) linear feet:

         (1)   Projections, recessions, or reveals such as, but not limited to, columns, pilasters, cornices, and bays, and having a change of wall plane that is a minimum of twenty four inches (24") in depth and that has the effect of casting shadows;

         (2)   Glazed windows and doors, if used to comply with this standard shall comprise not less than thirty percent (30%) of the elevation of which they are a part;

         (3)   Change in texture and/or masonry pattern; and/or

         (4)   Awnings or canopies extending at least four feet (4') beyond the building face.

      b.   Vertical Articulation:

         (1)   With the exception of single family detached and duplex dwellings, all new buildings over twenty four feet (24') in height shall include at least two (2) of the following at the ground-level of the building:

            (A)   Incorporation of low planters;

            (B)   Use of base architectural veneer banding or a wainscot, and treatments defined by different materials, textures, or colors; and/or

            (C)   Integrated pedestrian walkways, trellises, or architectural awnings that provide deep shadow at ground level. This has the added advantage of achieving a more articulated building mass.

         (2)   With the exception of single family detached and duplex dwellings, all new buildings over twenty four feet (24') in height shall reduce each upper level floor by at least five percent (5%) from the immediately lower floor.

   3.   Transparency:

      a.   The ground-floor level of each façade facing a public street or other public area such as a park or sidewalk shall contain a minimum of thirty percent (30%) windows or doorways. Upper floors of each façade facing a public street shall contain a minimum of fifteen percent (15%) windows. For these requirements, a lesser amount may be allowed if limited by state and/or local energy codes, up to the maximum percentage possible.

      b.   The proportion of solid area to window and door area shall be noted on the elevations.

      c.   Storefront-type glass walls shall not extend in a continuous unbroken façade longer than twenty feet (20').

      d.   Windows shall not be obstructed with permanent or temporary signage except as allowed in subsection 10-D-10H.

   4.   Roofline Variation: The roofline silhouette of buildings shall be varied to reduce the visual impact of line and form contrast with the natural environment. To reduce the visual impact of roof mass, no roofline along any building elevation shall exceed fifty feet (50') in length without a visual variation that incorporates:

      a.   Projections, recessions, dormers that alter the vertical or horizontal plane of the roof by at least two feet (2');

      b.   Change in roof height of at least two feet (2'); or

      c.   Distinct parapet designs and cornice treatments.

C.   Architectural Style:

   1.   Compatibility:

      a.   All new buildings shall be designed to be generally compatible with the historic architectural design of the community.

      b.   All building façades facing public streets shall be designed with a similar level of design detail, patterning, and finish. Blank walls void of architectural detailing shall not be permitted.

   2.   Building Materials:

      a.   Prohibited Materials: The following materials shall be prohibited:

         (1)   Highly reflective, shiny, or mirror-like materials;

         (2)   Exposed plywood or particleboard;

         (3)   Volcanic rock;

         (4)   Concrete masonry unit (CMU) without an architectural finish;

         (5)   Vinyl;

         (6)   Fiberglass;

         (7)   Imitation wood applied to surface; and

         (8)   Imitation brick.

      b.   Primary Materials: At least thirty percent (30%) of any façade facing a public right-of-way shall be comprised of:

         (1)   Natural brick;

         (2)   Natural stone; or

         (3)   Non-reflective metal.

(Ord. 553, 5-20-2025)

   A.   Summary Table of Review Procedures: Table E-1 lists the development applications required by this Land Use Code, whether a community meeting and public notice is required, and the role of the Town review and decision-making bodies in each application.

 

 

(Ord. 553, 5-20-2025)

A.   Purpose: This section describes the standard procedures and rules applicable to all development applications unless otherwise stated in this Land Use Code. Application-specific procedures in section 10-E-3 through section 10-E-7 identify additional procedures and rules beyond those in this section.

B.   Community Meetings:

   1.   Purpose: The purpose of the community meeting requirement is to inform the public of certain development permit and ordinance amendment proposals that may impact the community. The community meeting will provide the applicant the opportunity to answer any community concerns and solicit input about the proposal to achieve the best possible application.

   2.   Notice: Notice of the community meeting shall be prepared by the applicant. Notification of the community meeting shall be sent by mail and electronically to all properties within one-half mile of the project site at least fifteen (15) calendar days prior to the meeting date.

   3.   Timing And Location:

      a.   Community meetings shall be held prior to formal application submittal.

      b.   The applicant shall arrange the date, time, and location for the community meeting. The applicant shall coordinate with staff at least twenty one (21) days prior to the community meeting. Community meetings shall be scheduled for Monday through Thursday evenings and shall start no earlier than five thirty o'clock (5:30) P.M. and no later than seven o'clock (7:00) P.M.

      c.   Community meetings shall be held no greater than ninety (90) days from formal application submittal.

      d.   Community meetings shall be held at a location that is coordinated with staff.

   4.   Meeting Requirements: The applicant shall present their request to the attendees at the community meeting, and the applicant shall facilitate the meeting. Staff may attend the community meeting and may provide information to the attendees regarding Town regulations.

   5.   Meeting Summary: The applicant shall include a written neighborhood meeting summary on the results of the neighborhood meeting with the formal application. At a minimum, the neighborhood meeting summary shall include the following information:

      a.   Proof of proper notice;

      b.   Copies of the sign-in sheets;

      c.   A summary of topics discussed by the applicant and concerns, issues, and problems expressed by the participants; and

      d.   A summary of issues addressed by the applicant.

C.   Application Submittal And Fees:

   1.   Applications shall be submitted to the Town on forms established by the Town. The applicant bears the burden of demonstrating compliance with application requirements.

   2.   Staff may waive certain submittal requirements to reduce the burden on the applicant and to tailor the requirements to the information necessary to review a particular application. Staff, in their sole discretion, may waive such requirements upon finding that the projected size, complexity, anticipated impacts, or other factors associated with the proposed development clearly support a waiver.

   3.   Application fees shall be paid at the time of submittal according to the type of application on the development review fee schedule. The fee schedule shall be established by resolution of the Board of Trustees.

   4.   When a consultant not on staff is necessary to adequately review an application, the applicant shall pay the actual costs related to the consultant's review of the application. Staff shall inform the applicant of the necessity to utilize the services of a consultant and the applicant may choose whether to proceed with the application.

D.   Abandoned Applications And Withdrawal:

   1.   If an application has not been resubmitted to address staff-noted deficiencies within ninety (90) days of staff sending review comments, such application shall be deemed abandoned, and all fees forfeited. The applicant may be granted an additional ninety (90) days upon a showing that staff-noted deficiencies are actively being resolved.

   2.   Applications shall not be submitted to the applicable review body until determined complete by Staff.

   3.   After an application has been accepted as complete, the applicant may withdraw the application at any time by submitting a letter of withdrawal to Staff. An applicant is not entitled to a refund of application fees for withdrawn applications.

E.   Minor Application Revisions: An applicant may revise an application after receiving notice of compliance deficiencies following staff review, or on requesting and receiving permission from the Board of Trustees after that body has reviewed, but not yet taken action on, the application. Revisions shall be limited to changes that directly respond to specific requests or suggestions made by Staff or the Board of Trustees, as long as they constitute only minor additions, deletions, or corrections and do not include significant substantive changes to the development proposed in the application, as determined by Staff. All other application revisions shall be processed as a new application.

F.   Concurrent Review: Where possible without creating an undue administrative burden on the Town, this Land Use Code intends to accommodate the simultaneous processing of applications for different permits and approvals that may be required for the same development project to expedite the overall review process.

G.   Staff Review And Decision:

   1.   Completeness Determination: Staff shall determine whether the application is complete or incomplete within ten (10) business days of submittal. A complete application shall be processed according to the procedures in this article. An incomplete application shall not be processed or reviewed. Any deficiencies noted by Staff shall be addressed by the applicant prior to resubmitting the application.

   2.   Referral to Staff and Review Agencies: Staff shall distribute the complete application to appropriate staff and review agencies, which may include:

      a.   Colorado Department of Transportation Region 1;

      b.   West Metro Fire Protection District;

      c.   Urban Drainage and Flood Control;

      d.   Department of the Army;

      e.   Corps of Engineers;

      f.   Mile High Flood District;

      g.   Denver Mountain Parks;

      h.   Xcel Energy;

      i.   Century Link - Lumen;

      j.   Comcast;

      k.   Jefferson County Planning and Zoning;

      l.   Jefferson County Open Space;

      m.   Jefferson County Public Schools;

      n.   City of Lakewood;

      o.   City and County of Denver;

      p.   Morrison Post Office;

      q.   State Historic Preservation Office;

      r.   Jefferson County Historical Commission.

   3.   Staff Review And Application Revisions: Staff shall review the application and shall consult with applicable Town departments and participating review agencies. Staff shall submit recommendations and comments to the applicant after such review. The applicant, upon request by staff, shall attend a meeting with appropriate staff to discuss staff recommendations and comments. The application shall not move forward for further review until staff determines that the applicant has adequately responded to the Town's recommendations and comments or the applicant requests that the application move forward without responding to the Town's recommendations and comments.

   4.   Applications Subject To Staff Recommendation: If an application is subject to staff review and recommendation per Table E-1, staff shall prepare a written staff report that summarizes the proposal, findings, and recommendations.

   5.   Applications Subject To Staff Decision: If an application is subject to staff review and a final decision by staff, staff shall make a decision based on the review standards applicable to the application type. The decision shall be in writing and shall clearly state reasons for the decision.

H.   Scheduling And Notice Of Public Hearings:

   1.   General Requirements:

      a.   If an application is subject to a public hearing per Table E-1, staff shall schedule the public hearing for either a regularly scheduled meeting or special meeting with the applicable body.

      b.   All public hearings required by this Land Use Code shall be preceded by the notices identified in Table E-1. Persons with specific issues or concerns regarding a proposed application are encouraged to contact the Town in writing, by phone, or in person prior to the hearing.

      c.   The Town shall be responsible for the accuracy of and proper publication and posting of notice of the public hearing.

      d.   The applicant shall be responsible for mailing notice and maintaining the posted notice once posted on the site by the Town.

   2.   Published And Mailed Notices:

      a.   Required published or mailed notices shall:

         (1)   Identify the application type;

         (2)   Describe the nature and scope of the proposed project;

         (3)   Identify the location subject to the application;

         (4)   Identify the date, time, and location of the hearing being noticed;

         (5)   Identify where and when the application and associated materials may be inspected; and

         (6)   Indicate the opportunity to appear at the public hearing.

      b.   Published notice shall appear in a newspaper of general circulation in the Town at least fifteen (15) days prior to the scheduled hearing.

      c.   Mailed notices shall be sent by the applicant via first-class mail to all property owners as listed in the records of the county tax assessor’s office within two hundred feet (200') of the subject property, as measured from property boundaries. Certified mail notice shall be returned to the Town.

      d.   The applicant shall provide notice by certified mail, return receipt requested, to all mineral estate owners and lessees on the subject property for development applications in accordance with C.R.S. § 24-65.5-103. Such notice shall be provided not less than thirty (30) days prior to the initial public hearing, or not less than thirty (30) days prior to the final decision if the application does not require a public hearing. The burden of determining mineral estate owners and lessees shall be on the applicant.

   3.   Posted Notice:

      a.   Required posted notice shall include at least one sign on the subject property at least fifteen (15) days prior to the public hearing. The sign(s) shall be clearly visible from adjacent streets or public rights-of-way and shall remain on the property until after the hearing.

      b.   Staff may require additional signs based on access and configuration of the property.

      c.   Required posted notice shall:

         (1)   Identify the application type;

         (2)   Describe the nature and scope of the proposed project;

         (3)   Identify the date, time, and location of the hearing being noticed; and

         (4)   Identify a telephone number for additional information.

I.   Review And Decision:

   1.   General Requirements:

      a.   The applicable review body shall approve, approve with conditions, or deny the application based on the approval criteria listed in this section. The body may also continue the hearing upon applicant request or if additional information is requested by the review body.

      b.   Decisions shall be in writing and shall clearly state reasons for the decision citing the applicable LUC provisions.

   2.   General Approval Criteria: Decision-making bodies shall review all applications submitted pursuant to this LUC for compliance with the following criteria along with any other application-specific criteria:

      a.   Complies with applicable requirements including this Land Use Code, Town, State, and Federal law;

      b.   Generally consistent with any applicable adopted Town plans;

      c.   Promotes the public health, safety, and general welfare;

      d.   Minimizes or mitigates adverse impacts associated with the application; and

      e.   Will not result in significant adverse impacts upon the natural environment including air, water, noise, stormwater management, wildlife, and vegetation, or such impacts will be substantially mitigated.

   3.   Conditions Of Approval:

      a.   The review body may approve the application with conditions necessary to bring the proposed development into compliance with this Code or other regulations, or to mitigate the impacts of that development on the surrounding properties and streets.

      b.   The Town may require that a development agreement be executed as a condition of approval to any application.

      c.   All conditions of approval shall be reasonably related to the anticipated impacts of the proposed use or development or shall be based upon standards duly adopted by the Town.

      d.   During its consideration, the decision-making body may consider alternative potential conditions, and no discussion of potential conditions shall be deemed an attempt or intent to impose any condition that would violate the federal or state constitutions, statutes, or regulations. Discussions of potential conditions to mitigate impacts do not reflect actions by the decision-making body unless and until the decision-making body takes formal action to attach that condition to a development approval.

      e.   Unless otherwise provided in this Code, any representations of the applicant in submittal materials or during public hearings shall be binding as conditions of approval.

J.   Post-Decision Actions And Limitations:

   1.   Effective Date Of Approval: Unless otherwise provided in this LUC, a decision made under this LUC shall be final fifteen (15) days from the date of the decision unless, prior to the expiration of that period, an appeal has been filed with the Town.

   2.   Appeals:

      a.   The applicant or an aggrieved party may file a written appeal regarding a decision made under this LUC, clearly stating the reasons for such appeal, within fifteen (15) days of the final action.

      b.   An appeal shall stay all proceedings in furtherance of the action appealed.

      c.   Appeals shall be heard by the Board of Trustees in accordance with Table E-1.

      d.   Following the close of the appellate public hearing, the Board of Trustees may affirm, reverse, or modify in whole or in part the decision that is under review based on a de novo review of the applicable review criteria. When the Board modifies or reverses a lower body's decision, the Board must set forth its findings and state its reasons for its action.

      e.   When the Board of Trustees is the final decision-making body or all appeals have been exhausted pursuant to Table E-1, then local remedies shall be considered exhausted, and any further appeal shall be made to the district court having jurisdiction within thirty (30) days of the final decision under this LUC.

K.   Recording: The Town shall record approved applications with the County Clerk and Recorder at the expense of the applicant when this LUC or an application requires recording.

L.   Modifications To Approvals:

   1.   Development authorized by any approval under this article may incorporate minor changes from the approved plan, permit, or conditions of approval, as appropriate, without the need for a new application; provided, that staff determines that the proposed changes:

      a.   Comply with the standards of this LUC;

      b.   Are necessary to meet conditions of approval; and

      c.   Would not significantly alter the function, form, intensity, character, demand on public facilities, or impact on adjacent properties as approved with the administrative site/architectural plan.

   2.   Any modification of an approved plan, permit, or condition of approval that staff determines does not meet the criteria of this section above shall require a new application that is submitted and reviewed in accordance with the full procedure and fee requirements applicable to the particular type of the original application.

M.   Expiration Of Approvals:

   1.   An application approval shall be valid as authorization for the approved activity unless it expires in accordance with expiration time periods provided in this LUC or the approval itself.

   2.   A change in ownership of the land shall not affect the established expiration time period of an approval.

   3.   The original decision-making body may grant extensions of the expiration time period for up to one year, following a written request that explains reasonable cause for such extension, prior to the expiration date. The final approval authority shall determine whether there is reasonable cause for the requested extension. Further extensions shall be subject to the approval of the decision-making body for the original petition.

N.   Limitation On Subsequent Similar Applications: Following denial of an application, the decision-making body shall not decide on applications that are the same or substantially similar within one year of the previous denial. This waiting period may be waived by the decision-making body provided that:

   1.   There is a substantial change to circumstances, or new information available, relevant to the issues or facts considered during the previous application review; or

   2.   The new application is materially different from the previous application.

(Ord. 553, 5-20-2025)

A.   Applicability:

   1.   An application to disconnect land from the Town may be submitted for land contiguous to the boundaries of the Town upon the owner's written consent.

B.   County Notification: The owner shall provide notice and a copy of the application to the Jefferson County Board of County Commissioners and to the board of directors of any affected special district. Any written objection to the disconnection by Jefferson County or an affected special district shall be provided in writing to the Board of Trustees prior to the public hearing.

C.   Criteria: Disconnections shall not be subject to the criteria in subsection 10-E-2I2. The Board of Trustees shall approve a disconnection when the disconnection:

   1.   Is in the best interests of the Town;

   2.   Will not prejudice the Town or harm its ability to provide Town service to other areas in Town; and

   3.   Is not objected to by the County.

D.   Effect Of Approval:

   1.   Upon the effective date of the disconnection, any vested property rights affecting the property shall be expired or relinquished.

   2.   Upon the effective date of the disconnection, the property shall no longer be subject to the municipal laws of the Town.

   3.   The Town Clerk shall file for recording, two (2) certified copies of the disconnection ordinance and two (2) copies of the disconnection map with the Clerk and Recorder of Jefferson County and one certified copy of the Disconnection Map with the Division of Local Governments of the Department of Local Affairs.

(Ord. 553, 5-20-2025)

A.   Applicability:

   1.   All required development permit approvals shall be obtained prior to the issuance of a building permit and construction of physical improvements.

   2.   The requirements of this section shall be in addition to those in Table E-1 and section 10-E-2 including the criteria for approval for all applications in subsection 10-E-2I2.

B.   Minor Site Plan:

   1.   Applicability: A minor site plan is required for any of the following activities:

      a.   Construction of accessory structures of less than two hundred (200) square feet;

      b.   Construction of a sign;

      c.   A change in use that involves or requires site improvements;

      d.   Expansions, alterations, or modifications that increase the gross floor area of an existing structure by no more than twenty five percent (25%); and

      e.   The alteration of any vehicular parking area.

   2.   Expiration: Approval of a minor site plan shall be effective for a maximum of three (3) years unless, upon request by the petitioner, staff grants an extension due to impacts on the development outside of the applicant's control, which caused such delay, but not including economic conditions.

C.   Major Site Plan:

   1.   Applicability: A Major Site Plan is required for any development that exceeds the minor site plan review thresholds in subsection B1 except the following shall be exempt from the requirement to obtain a site plan:

      a.   Interior tenant alterations or improvements that do not increase parking requirements or alter exterior building appearances;

      b.   Construction or reconstruction of a deck, fence, or retaining wall; and

      c.   A change in use that does not involve or require site improvements.

   2.   Expiration: Approval of a major site plan shall be effective for a maximum of three (3) years unless, upon request by the petitioner, staff grants an extension due to impacts on the development outside of the applicant's control, which caused such delay, but not including economic conditions.

D.   Conditional Use Permit:

   1.   Applicability: No use classified as a Conditional Use in Table C-1 may be conducted without first obtaining a conditional use permit under this section. No conditional use shall be conducted except in compliance with all applicable provisions of this Land Use Code and with any conditions upon such conditional use approval.

   2.   Additional Criteria: In addition to the criteria in subsection I2, applications for a conditional use permit shall also:

      a.   Be consistent with the purpose and intent of the zoning district in which it is located;

      b.   Be generally consistent with any related use-specific standards;

      c.   Be compatible with adjacent uses in terms of scale, site design, and operating characteristics (hours of operation, traffic generation, lighting, noise, odor, dust, and other external impacts); and

      d.   Provide adequate assurances of continuing maintenance.

   3.   Expiration: A conditional use permit granted pursuant to the provisions of this section shall run with the land and shall continue to be valid upon a change of ownership of the site or structure that was the subject of the conditional use permit application. Any proposed revisions or changes to an approved conditional use permit application shall be submitted in the same manner, and subject to the same approval process, as the original review.

E.   Temporary Use Permit:

   1.   Applicability: No use classified as a temporary use in Table C-1 may be conducted without first obtaining a temporary use permit under this section. No temporary use shall be conducted except in compliance with all applicable provisions of this Land Use Code and with any conditions upon such conditional use approval.

   2.   Expiration:

      a.   A temporary use permit shall be valid beginning on the date specified on the permit and shall remain valid for the period indicated on the permit.

      b.   Before the expiration of a temporary use permit, the permittee shall disconnect all temporary uses and structures, and associated property and equipment, and free the temporary use site from all trash, litter, and debris to the satisfaction of staff.

F.   Floodplain Development Permit:

   1.   Applicability: All proposed new development and Substantial Improvements to existing development in a special flood hazard area as delineated by the most recent report available from the Federal Emergency Management Agency (FEMA) and areas removed from the floodplain by the issuance of a FEMA letter of map revision based on fill (LOMR-F) shall obtain a floodplain development permit.

   2.   Expiration:

      a.   A temporary use permit shall be valid beginning on the date specified on the permit and shall remain valid for the period indicated on the permit.

      b.   Before the expiration of a temporary use permit, the permittee shall disconnect all temporary uses and structures, and associated property and equipment, and free the temporary use site from all trash, litter, and debris to the satisfaction of staff.

(Ord. 553, 5-20-2025)

A.   Applicability: A subdivision application shall be required prior to any vacation or division of land within the Town except the following shall be exempt:

   1.   Division of land through an estate proceeding; and

   2.   Division of land through a foreclosure of a deed of trust.

B.   Minor Subdivision:

   1.   Applicability: Minor subdivisions shall only be permitted when:

      a.   A plat has previously been approved for the property;

      b.   The proposed subdivision would create two (2) or fewer lots or creates condominium units within a single plat;

      c.   The proposed subdivision would not require land dedication or dedication of public improvements; and

      d.   The application is for one of the following:

         (1)   Boundary or lot line adjustments to an approved final plat including lot line eliminations;

         (2)   Vacations that do not include improved streets;

         (3)   Condominiumization of units within an existing building;

         (4)   A minor change to an approved plat to address engineering or technical constraints with no material effect on the plat and no relocations of streets or rights-of-way; or

         (5)   Correction of a technical error on an approved final plat.

   2.   Plat Submittal: Minor subdivisions shall require the submittal and approval of a final plat, replat, condominium plat, or amendment to an existing final plat as applicable. All plats approved as a minor subdivision shall be recorded.

   3.   Additional Criteria:

      a.   In addition to the criteria in subsection 10-E-2I2, applications for a minor subdivision shall also:

         (1)   Demonstrate that the layout of lots, streets, driveways, utilities, drainage facilities, and other services within the proposed subdivision meets the Town's standards, minimizes the amount of land disturbance, maximizes the amount of open space in the development, preserves existing trees, vegetation and riparian areas, protects critical wildlife habitat, and otherwise accomplishes the purposes and intent of this Code;

         (2)   Not result in the creation of lots that cannot be built under this Chapter;

         (3)   Not affect a recorded easement without approval from the easement holder;