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New Castle City Zoning Code

CHAPTER 17

108 - BURNING MOUNTAIN PUD PHASE I ZONING REGULATIONS

17.108.010 - Zone descriptions.

A.

Abbreviations.

1.

R/SF, residential single-family district.

2.

C/R, commercial retail district.

3.

G/I, general industrial district.

B.

The boundaries of these districts shall be located as shown on the Burning Mountain planned unit development (Phase I) final plat.

(Prior code § 13-24-010)

17.108.020 - Residential single-family district.

A.

Permitted uses:

1.

Single-family dwelling (conventional construction and modular/mobile);

2.

Gardening;

3.

Park, playground, open space.

B.

Special review uses:

1.

Home occupation;

2.

Day care.

C.

Minimum lot area: five thousand six hundred (5,600) square feet.

D.

Minimum yard setback:

1.

Front yard: fifteen (15) feet;

2.

Rear yard: five feet;

3.

Side yard:

a.

Lots south of Burning Mountain Avenue: five feet;

b.

Lots north of Burning Mountain Avenue shall have a five-foot setback from the west property line and a seventeen (17) foot setback from the east property line.

E.

Maximum building height: twenty-eight (28) feet.

F.

Minimum Floor Area. The ground floor area of the primary residence, exclusive of open porches, decks, patios, carports or garages shall not be less than nine hundred (900) square feet and not less than seven hundred (700) square feet for a dwelling of more than one story.

G.

Provisions.

1.

Two off-street parking spaces on the same lot for each residence.

2.

The easements within each lot and all improvements therein shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility company is responsible.

3.

All modular/mobile units shall be built or placed on a concrete perimeter foundation extending at least thirty (30) inches below grade to the top of footer and at least six (6) inches above grade to plate line.

4.

All modular/mobile units shall be of new prefabricated construction, it being the purpose of this chapter to insure that a building inhabited on another site will not be moved from that site and placed upon a lot.

5.

All dwellings shall have a minimum width of twenty-four (24) feet and shall not exceed seventy-six (76) feet in length.

6.

All structures shall be constructed with wood or masonite, or equivalent siding (except T-111 and plywood exterior siding shall not be allowed) and shall have asphalt or wood, or equivalent shingle roofs.

7.

All structures shall maintain a central earth tone color.

8.

All structures shall have a pitched roof with a minimum twelve (12) inch overhang on each of the dwelling's perimeter walls such that the overhang is architecturally integrated into the design of the roof line.

9.

All roof structures shall have a minimum pitch of three feet of rise per twelve (12) feet of vertical distance, or when available four feet of rise per twelve (12) feet of vertical distance, and shall include an opposite angle gable on the front side of the structure or shall be planned to include a porch with an opposite angle roof line architecturally integrated into the dwelling roof structure.

10.

All structures shall be constructed on a concrete foundation, which foundations must be covered with an exterior siding material similar and consistent with the dwelling to which it is attached. The siding shall cover the foundation from a point six (6) inches above grade to the point of attachment to the dwelling.

11.

All lots shall be landscaped with lawn and shrubs, and shall have a minimum of three two-inch caliper trees planted.

(Prior code § 13-24-020)

17.108.030 - Commercial/retail district.

A.

Permitted uses:

1.

Retail: sale of food, beverages, gasoline, dry goods, furniture, appliances, hardware, clothing, automotive parts;

2.

Personal services: barber shop, beauty salon, laundromat, photo studio, shoe repair, tailor shop, office supplies, pharmacy, bank;

3.

Recreational services: restaurant (with or without bar), hotel, motel, private club, movie theater, travel agency.

B.

Special review uses:

1.

Office for conduct of a business or profession, medical or dental clinic, real estate, insurance agency, library, public building;

2.

All other uses not specifically identified under permitted uses.

C.

Minimum yard setbacks:

1.

Front: twenty-five (25) feet;

2.

Side: ten (10) feet;

3.

Rear: ten (10) feet.

D.

Minimum lot size: one-half acre.

E.

Maximum building height: thirty (30) feet.

F.

Maximum building stories: two stories (basement excluded).

G.

Landscaping:

1.

All new developments or establishments shall provide a landscaping plan for approval by the town council.

2.

All lots adjacent to the Denver & Rio Grande Western Railroad right-of-way shall screen the right-of-way with trees and shrubs.

3.

Minimum landscaped area shall be five percent of the total lot(s) area to include landscaping within the parking lot area of twenty (20) square feet, or three square feet per parking space, whichever is larger, the parking area landscaping shall not disrupt vision or safety.

H.

Open Space. A minimum five percent of the total lot(s) area shall be designated as open space.

I.

Provisions.

1.

All sales and services shall be conducted within a building.

2.

All outdoor storage of materials shall be enclosed in a sight-obscuring fence at least six feet in height. The storage area for materials shall be limited to the rear twenty-five (25) feet of the lot(s).

3.

No odor, noise, dust, glare and vibration shall project beyond the site.

4.

Loading and unloading of materials shall be conducted on site of the establishment or in an approved loading zone.

5.

No on-street parking shall be permitted.

6.

All commercial structures shall maintain a central construction design theme, it being the intent of this chapter that the commercial buildings in the commercial retail district retain a similar design, quality and appearance.

7.

All commercial structures shall be constructed of wood or wood composite materials, stucco, concrete block or brick materials and shall maintain a similar and consistent appearance with adjoining commercial structures unless otherwise approved by the town council. Metal/steel prefabricated buildings and siding materials shall not be permitted.

8.

All commercial structures shall maintain a central earth tone color theme with adjoining commercial properties unless otherwise approved by the town council.

(Prior code § 13-24-030)

17.108.040 - General industrial district.

A.

Permitted uses:

1.

Office for conduct of business or profession;

2.

Wholesale and retail sales establishments which sell the following:

a.

Building construction products, materials, or supplies,

b.

Electric and mechanical supplies and equipment,

c.

Lumber products and supplies;

3.

Warehouse;

4.

Self-storage facilities;

5.

Recreation vehicle park;

6.

Bottling plant;

7.

Public park/open space;

8.

Fire station;

9.

Police station;

10.

Ambulance service;

11.

Municipal service structures.

B.

Nonpermitted uses:

1.

Auto wrecking and salvage;

2.

Auto repair and storage;

3.

Mobile home park;

4.

Mobile home repair;

5.

Asphalt plant;

6.

Concrete block and mixing plant;

7.

Concrete storage;

8.

Gravel crushing;

9.

Gravel storage.

C.

Special review uses: any use not specifically defined in the permitted or non-permitted use categories of this district.

D.

Minimum lot size: one-half acre.

E.

Minimum yard setbacks:

1.

Front yard: twenty-five (25) feet;

2.

Rear yard: ten (10) feet;

3.

Side yard: ten (10) feet.

F.

Maximum building height: thirty (30) feet.

G.

Maximum building stories: two stories (basement excluded).

H.

Provisions.

1.

All service, fabrication, repair operations and storage of materials shall be enclosed by a fence at least six feet in height. Fences and gates shall be constructed of galvanized chain link.

2.

All loading and unloading of materials shall be conducted on site or in an approved loading zone.

3.

All practical means shall be used to confine odor, noise, glare and vibration to the site, and to avoid excessive emission of fumes, gases, radiation, liquid waste and smoke.

4.

All property lines adjacent to public streets shall be screened with trees and shrubs. All trees shall be a minimum two-inch caliper. All tree and shrub types shall be in compliance with Chapter 12.20 as amended.

5.

All landscape screening plans must be approved by the public works committee prior to issuance of a building permit. The landscape area must be equal to a minimum of ten (10) percent of the total lot area.

(Prior code § 13-24-040)