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Nederland City Zoning Code

ARTICLE II

District Regulations

Sec. 16-31.- District categories.

In order to implement the purposes and provisions of this Chapter, the Town hereby establishes the following zoning districts:

(1)

Mountain residential (MR). The mountain residential district is established to accommodate residential and related uses on one (1) acre or larger lots. While oriented toward steep mountain topography, it may be established anywhere in the Town to maintain a low density, mountain residential character while permitting economically feasible urban services.

(2)

Low density residential (LDR). The low density residential district is established to accommodate low density residential neighborhoods with lots at least sixteen thousand (16,000) square feet in size. This district provides a combination of the large lot character of the MR district and the development economics of the MDR district.

(3)

Medium density residential (MDR). The medium density residential district is established to accommodate residential and related uses at suburban density requiring a minimum lot size of eight thousand (8,000) square feet.

(4)

High density residential (HDR). The high density residential district is established to accommodate residential and related uses at urban densities requiring a minimum lot size of four thousand (4,000) square feet.

(5)

Neighborhood commercial (NC). The neighborhood commercial district is established to accommodate residential and a limited range of commercial uses. Those commercial uses deemed to have significant incompatibility with existing or potential residential uses, or for which the use will cause a significant increase in traffic volume on secondary residential streets, shall not be permitted.

(6)

Central business district (CBD). The central business district is established to accommodate a limited range of commercial uses in an intensely developed core commercial area. To this end, front and side yard setbacks are not applicable in the CBD district; however, trash and fire access shall be provided in the rear yards.

(7)

General commercial (GC). The general commercial district is established to accommodate a wide range of commercial uses including many uses deemed inappropriate in the NC and CBD districts.

(8)

Industrial (I). The industrial district is established to accommodate light industrial uses, and industrial uses of a commercial nature which for aesthetic and safety reasons are deemed inappropriate in the commercial districts.

(9)

Public. Public areas in which public and semi-public facilities and uses are located, including, without limitation, governmental and educational uses.

(Ord. 209 Art. II §1, 1981; Ord. 246 §1, 1983; Ord. 435 §1, 1996; Ord. 645 §4, 2008; Ord. 650 §1, 2008; Res. 2021-06 §4, 2021; Ord. 819 §2, 2021; Ord. 854, §3, 2023; Ord. 855, §3, 2023; Ord. No. 869, §2, 2024)

Sec. 16-32. - Use groups.

(a)

This Section provides for grouping of similar uses into use groups. In each zoning district, use groups permitted outright are designated "Y," use groups permitted by special review are designated "R" and use groups prohibited are designated "N."

(b)

Any use that is not specifically permitted in this Section shall be deemed to be a prohibited use. If a question arises as to whether a specific use does or does not fall within the expressed use categories, application may be made to the Planning Commission for a determination as to whether a specific use is permitted. Any decision by the Planning Commission may be reviewed by the Board of Trustees within thirty (30) days of the decision of the Planning Commission.

(c)

Use group table.

USE GROUPSDISTRICTS
MR
LDR
MDR		HDRNCCBDGCIP7
Agricultural Use Groups
Crop production Y Y Y N Y Y R
Animal production R R N N N N N
Private home stables 1 1 N N N N N
Public horse stables N N N N R N R
Outdoor kennels N N N N N N N
Fish hatchery N N N N N R R
Educational and Child Care Use Groups
In-home child care R R R N R N N
Private, elementary and secondary schools, State-licensed group homes for the developmentally disabled, child care centers R R R N R N R
Residential Use Groups
Single-family dwelling units Y Y Y N N N Y 8
Multi-family dwelling units, exceeding 4 dwelling units R 3 R 3 R 3 N N N R 3
Mobile homes N R 4 N N N N N
Family care home R R R N N N N
Accessory dwelling unit Y Y Y N N N N
Nursing home R R R N N N N
Retirement home R R R N N N N
Mixed uses N R 11 R Y 10 Y 10 N R
Duplex Y Y Y N N N R
Triplex Y Y Y N N N R
Fourplex Y Y Y N N N R
Tiny house village Y Y Y N N N R
Commercial Use Groups
Club N N R Y Y N N
Club, for profit N N R R R N N
Enclosed retail, eating and drinking N N R Y Y N N
Office, financial, medical, personal service establishments N N Y Y Y Y N
Outdoor sales, eating and drinking, or other outdoor commercial activities or establishments N N R R R N N
Hotels and motels N N R R R N N
Campgrounds and resort cabins N N N N N N R
Commercial uses, including but not limited to animal hospitals, enclosed kennels, car washes, cleaning and laundry plants, cold storage lockers, building material and equipment dealers, wholesaling services, construction trades N N N R R R N
Motor vehicle sales and repair N N R N R R N
Fuel sales and storage N N N N R R N
Service stations N N R R R R N
Sexually oriented businesses N N N N N R N
Industrial Use Groups
Commercial/industrial uses, including but not limited to building contractor's yards and transportation centers N N N N R R N
Medical clinics N N R R R N R
Small wind turbines R R R R R R R
Small-scale solar energy systems y Y Y Y Y Y Y
Medium and large-scale solar energy systems R R R R R R R
Warehousing and facilities for the manufacturing, fabrication, processing or assembly of products, provided that such facilities are completely enclosed N N N N N R N
All other facilities for the manufacturing, fabrication, processing or assembly of products N N N N N R N
Mineral processing N N N N N N N
Salvage yards, impound lots, and saw mills N N N N R R N
Warehousing and facilities for the manufacturing, fabrication, processing or assembly of products, provided that such facilities are completely enclosed; processing of minerals and ores at a rate of 100 tons per day or less, provided that noisy and/or dusty stationary equipment is enclosed N N N N N R N
All other facilities for the manufacturing, fabrication, processing or assembly of products; processing of minerals and ores at the rate of more than 100 tons per day N N N N N R N
Salvage yards, impound lots, saw mills and mineral extraction N N N N R R N
Commercial/industrial uses, including but not limited to small warehouses; and storage facilities N N N N N Y R
Research facilities N N R R R R R
Public, Quasi-Public Use Groups
Parks oriented toward lots and passive recreation Y Y Y Y Y Y Y 5
Outdoor recreational facilities, including but not limited to lighted tennis courts, playfields and stadiums R R R N R R Y 5
Elementary and secondary schools R R R N N N R
Trade and business schools N N R N Y Y R
Churches, chapels, temples and synagogues R R R R R R N
Cemeteries R R N N N N R
Halfway houses and community homes R R R N N N N
State-licensed group homes for the developmentally disabled, child care centers N N N N N N N
Hospitals and mortuaries N N R N R N R
Municipal offices and shops Y Y Y Y Y Y R
Municipal facilities and uses operated by the Town, including offices, water and sewer services, shops, law enforcement, community center or any other public facilities operated by any governmental or quasi-governmental services requested by the Town Y 5 Y 5 Y 5 Y 5 Y 5 Y 5 R
Municipal water and sewer facilities R R R R R R R
Marijuana Establishment Use Groups:
Marijuana cultivation facility N N R R R R N
Marijuana product manufacturing facility N N R R R R N
Marijuana testing facility N N R R R R N
Retail marijuana store N N R Y Y N N
Medical marijuana center N N R Y Y N N
Medical marijuana optional premises for cultivation N N R R R R N
Medical marijuana infused product facility N N R R R R N
Medical transporters N N N N N N N
Parking
Parking Lots Y 12 Y 12 Y Y Y N Y
Paid Parking Operations Y 12 Y 12 Y Y Y N Y

 

"N" = use groups prohibited

"R" = use groups permitted by special review

"Y" = use groups permitted outright

Footnotes:

1  Private horse stables shall be permitted in the MR district only by special review. They shall not be permitted in the LDR, MDR or HDR districts.

2  Reserved.

3  Multi-family units above 4 dwelling units proposed for development on a parcel or parcels that total 1 acre or more in size shall be required to meet the requirements of Section 16-152 of this Chapter.

4  These uses shall be permitted only in the HDR district through special review use application and approval and must comply with all laws, including local ordinances and state statutes.

5  There must be a public hearing prior to issuing a building permit for any new facilities relying upon this use group.

6  Reserved.

7  Uses permitted in this zone district must be either publicly owned or a public-private partnership.

8  Caretaker units only.

9  Reserved.

10  See Section 16-60 of this Code to determine when a special review use (SRU) application may be necessary. If an SRU application is necessary, adequacy of water and sewer utilities shall be administratively reviewed by Town staff, and applicant shall fully comply with Chapter 13 of this Code.

11 > Mixed use is only allowed in the downtown corridor, which includes lots located on First Street, Second Street, Third Street, East Street and Snyder Street.

12 > Parking lots and paid parking operations are permitted only in the HDR residential zone and which lots are also located in the Nederland Downtown Development Authority District, Parking Lots and paid parking operations are not permitted uses in MR, LDR, and MDR.

(Ord. 209 Art. II §2, 1981; Ord. 263 §1, 1985; Ord. 382 §1, 1994; Ord. 435 §1, 1996; Ord. 569 §1, 2003; Ord. 570 §1, 2003; Ord. 621 §1, 2006; Ord. 634 §3, 2007; Ord. 645 §5, 2008; Ord. 650 §2, 2008; Ord. 680 §3, 2010; Ord. 720 §3, 2013; Ord. 722 §2, 2013; Ord. 739 §4, 2016; Ord. 746 §1, 2017; Ord. 750 §4, 2017; Ord. 784 §2, 2018; Ord. 785 §2, 2018; Ord. 791 §2, 2018; Ord. 804 §3, 2020; Res. 2021-06 §5, 2021; Ord. 819 §3, 2021; Ord. 843, §3, 2023; Ord. 853, §3, 2023; Ord. 854, §4, 2023; Ord. 855, §4, 2023; Ord. No. 869, §3, 2024)

Sec. 16-33. - Yard and bulk requirements.

Zoning Districts and Requirements

Yard and Bulk ItemsFMRLDRMDRHDRNCCBDGCIP
Minimum lot area per lot and per dwelling unit (sq. ft.) 5 acres 3 1 acre 16,000 8,000 4,000 4,000 4 0 8,000 8,000 0
Minimum lot width (ft.) 330 150 100 70 40 40 0 40 40 0
Maximum lot coverage (% of lot area) 10 15 20 30 40 40 N/A 40 40 100
Minimum setback from a street for all uses (ft.) 1 50 30 30 25 20 25 0 25 25 0
Minimum front yard setback for all uses (ft.) 1 50 30 30 25 20 25 0 25 25 0
Minimum side yard setback from an interior lot line
Principal uses (ft.) 30 20 15 10 5 5 5 10 10 0
Accessory dwelling unit (ft.) 30 20 15 10 5 5 N/A N/A N/A N/A
Accessory uses (ft.) 10 10 10 5 5 5 0 or 10 5 5 0
Minimum rear yard setback
Principal uses (ft.) 50 40 40 25 15 15 15 15 15 0
Accessory dwelling unit (ft.) 50 40 40 25 15 15 N/A N/A N/A N/A
Accessory uses (ft.) 10 10 10 5 5 5 10 5 5 0
Structure Criteria
Maximum building height 2
Principal uses (ft.) 35 35 35 35 35 35 35 35 35 35
Accessory uses (ft.) 25 25 25 20 20 20 20 20 20 25

 

Design Standards and Guidelines - Section 18

1  Or, in the case of a principal structure only, an established setback line.

2  Measured to the uppermost point of the roof. See Section 16-6(9). Maximum building height for a principal use may exceed the limits of this table as provided in Section 16-99 for roof-mounted solar energy systems.

3  One acre equals 43,560 square feet.

4  Minimum lot area per dwelling unit may be reduced to 2,000 sq. ft. upon approval of the Board of Trustees in the Neighborhood Commercial District through the Planned Unit Development provisions of this Chapter. See Article IV, Section 16-88.

(Ord. 209 Art. II §3, 1981; Ord. 246 §§2, 3, 1983; Ord. 327, 1991; Ord. 645 §6, 2008; Ord. 650 §3A, 2008; Res. 2021-06 §6, 2021; Ord. 843, §4, 2023; Ord. 850, §2, 2023)

_____

Sec. 16-34. - Commercial uses on East First Street.

On East First Street between Colorado Highway 119 and Snyder Street, all street level store fronts, including at least thirty percent (30%) of the use abutting the street, shall be used for retail uses only. Any levels other than the street level shall be used for residential, commercial and/or office uses.

(Ord. 622, 2006; Res. 2021-06 §18, 2021)

Editor's note— Res. 2021-06 §18, adopted April 6, 2021, amended and renumbered former § 16-95 as § 16-34.