Any term not defined within this master plan text that is otherwise defined within the ordinances of the town of New Castle shall be governed by the definitions in those ordinances.

"Accessory dwelling units" means a secondary dwelling unit established in conjunction with and clearly subordinate to a primary dwelling unit located over the garage or in the same building as the primary residence. Accessory dwelling units may not be larger than thirty (30) percent of the floor area of the primary residential unit or more than eight hundred (800) square feet, whichever is less; and shall not contain more than two (2) bedrooms. Accessory dwelling units shall not be served by utilities that are separate from the primary dwelling unit. An accessory dwelling unit shall not be occupied by more than two adults and related children. No more than a single accessory dwelling unit shall be allowed per lot. Accessory dwelling units shall not be condominiumized or otherwise separated from the primary dwelling unit.

"Accessory uses" means a use incidental to and customarily associated with a specific principal use, located on the same lot or parcel.

"Bed and breakfast establishment" means a small owner operated and occupied short term lodging establishment, in a single-family dwelling and/or detached guesthouse, serving no more than ten (10) guests at any time. Breakfast is the only meal served and only to overnight guests.

"Building height" means the maximum vertical distance measured from the lowest point of natural or finished grade on the lot within five (5) feet of the tallest side of the building to the uppermost point of the roof of the building.

1.

For purposes of this definition, "finished grade" shall mean the existing grade at the time the property is purchased by an applicant for building permit or final grade as established by the developer of Lakota Canyon Ranch consistent with town approvals. The purpose of measuring height from "finished grade" is to prevent a property owner from raising the grade adjacent to the proposed structure before construction to increase the measured height of the building under this definition. Therefore, the building official shall have authority and discretion, subject to appeal to town council, to determine "finished grade" (unless otherwise approved in a town development review process) if it appears to the building official that the grade of the property has been altered for purposes of evading the intent of this definition.

2.

Exceptions to Height Regulations. Chimneys, spires, turrets, ornamental or structural projections may extend above the building height a maximum of six feet provided, however, such features collectively, shall not represent more than twenty (20) percent of the total horizontal roofline.

"Cluster development" means the arrangement of houses or other buildings arranged in closely related and integrated groups and adjacent to open spaces of land which satisfies the open space criteria set forth in Sections 17.128.050(D) and 17.128.060(D) of this chapter.

"Cluster lot" means a single-family, duplex, multifamily or commercial lot that contains cluster development.

"Commercial outdoor recreation activities" means an outdoor enterprise that is carried on for profit and pertains to a recreation function that includes, by way of example, the following: skating rinks, swimming pool, cross-country skiing, trout pond fishing, miniature golf, batting cages, golf.

"Conventional development" means the arrangement of houses or other building that complies with the standards and criteria of the master plan text for conventional development.

"Conventional lot" means a single-family, duplex, multifamily or commercial lot that contains conventional development.

"Country club" means a club with recreation facilities for members, their families and invited guests.

"Customized creation of a product" means the building, assembly or fabrication of customized products.

"Day care home" means a dwelling in which a permanent occupant of the dwelling provides for the care of less than five children and conforms to all local and state regulations pertaining to the use.

"Density" means the number of residential dwelling units (D.U.s) per gross useable area expressed in dwelling units per acre.

"Development site" means all land contained within the surveyed boundaries of a separately identified and described lot or parcel exclusive of any land with a slope equal to or greater than thirty-five (35) percent, floodways, rockfall hazard zones, and wetlands.

"Gross project area" means the total acreage within a defined project ownership boundary including, but not limited to, open space, right-of-way, public/private parks, lots, cemeteries, and similar areas.

"Gross useable area" means gross useable area shall mean that area of land that has less than a thirty-five (35) percent slope.

"Home occupation" means an occupation carried on in the dwelling or accessory building by members of the family occupying the dwelling and/or one employee, and no other person, provided the residential character of the building is maintained and the occupation is conducted in such a manner as not to infringe upon the right of neighboring residence to enjoy a peaceful occupancy of their homes. No home occupation shall have the appearance of a commercial activity, and no sound, odor, or any other external indication of the use shall be permitted outside any building. Each lot or dwelling unit shall be restricted to one home occupation. The owner (or tenant, in the event that the owner is not the occupant) of the lot shall be the primary employee. A home occupation shall not involve the bulk delivery or shipment of materials or goods. No signs shall be allowed indicating the home occupation use. The home occupation shall be conducted only within an enclosed building and no outside storage of any kind shall be allowed in conjunction with the use. No home occupation shall be allowed which involves customers coming to the lot to purchase or return products.

"Hotel" means an establishment that provides temporary lodging in guest rooms and in which meals, entertainment and various personal services for the public may or may not be provided.

"Instructional studio" means a location within a building where classes are taught or educational activities take place and includes by way of example: dance studios, pottery, aerobics, metalsmithing, language training, computer classes and similar activities.

"Landscape buffer" means an area of landscaping separating two distinct land uses, or a land use and a public right-of-way or parking lot and acts to soften or mitigate the effects of one land use upon another.

"Motel" means a hotel which usually is arranged in such a manner that individual guest rooms are directly accessible from an automobile parking area.

"Natural (unimproved) areas" means land that is retained in a predominantly natural state and not modified by human intervention; not to include artificial or manufactured conditions.

"Non-medical boarding" means a facility designed to house household pets for temporary periods that does not include any veterinary services or facilities and does not provide space for livestock or other large animals.

"Non-motorized recreation sales" means retailing of products pertaining to recreation activities that do not include motorized functions including, but not limited to, golf, equestrian activities, running, bicycling, swimming, hiking and similar activities.

"Non-residential use" means a use that does not include human habitation or occupancy by one (1) or more persons for living purposes.

"Primary residence" means the principal structure or dwelling unit on a lot within which one (1) or more persons reside the majority of the time.

"Private open space" means privately held land predominantly free of structures intended for the private enjoyment of persons that own the land or have rights of access.

"Private studio for the creation of arts and crafts" means a private facility or space within a structure that is used primarily for artistic painting, pottery, metalsmithing, basketrnaking, leatherworking and similar functions.

"Private utility" means any utility other than a municipally owned and operated utility, including telephone, electric and gas utilities, and other privately owned and operated utilities.

"Privately owned public golf course" means a privately owned and operated golf course that is open to use by members and the public for a fee.

"Public open space" means publicly owned land predominantly free of structures and intended for the enjoyment of the general public subject to regulations or restrictions established by the landowning entity.

"Public or private utility facility" means structures, pumps, distribution terminals, utility lines, reservoirs, and similar facilities necessary for providing essential utility services for water, sewer, electricity, natural gas, telephone, cable television and telecommunications.

"Public safety and emergency facilities" means buildings, structures, storage areas, emergency management facilities, and accessory uses intended for use by public law enforcement, ambulance, fire protection, and search and rescue agencies.

"Quasi-government offices" means space within which a use is conducted or operated by a nonprofit organization, educational institution, hospital, special district or other use that primarily serves the general public.

"Regularly operated open air and/or farmers markets" means defined land area, pavilion, or other primarily non-enclosed space regularly operated for purposes of allowing a variety of vendors to sell farm grown products, crafts, artwork, and new or used products.

"Sight-obscuring landscape buffer or fence" means an opaque wall, fence, or landscaping wall that completely obscures view of objects intended to be screened by the wall when viewed from ground level at a distance no greater than fifty (50) feet from the buffer or fence.

"Special sales events" means infrequent, non-regular retail functions at which products are showcased, discounted, or otherwise portrayed to the general public in a retail context.

"Total interior space" means the gross square footage within a structure or building defined by the exterior structure walls and inclusive of enclosed interior storage areas, hallways, garages and other space within the structure or building.

(Prior code § 13-34-010)

(Ord. No. 2009-2, § 4, 2-3-2009)

A.

Lakota Canyon Ranch is divided into the following PUD zone districts:

1.

R-L: residential low density district;

2.

R-M: residential medium density district;

3.

M-U: mixed use district;

4.

O-S: open space district.

The general boundaries of these districts shall be as shown on the Lakota Canyon Ranch zone district map. The precise boundaries of these districts shall be as shown on the final plat for future subdivisions or planned unit development plans of the property. No major deviations of more than ten (10) percent of the area of districts proposed for change shall be allowed from the general boundaries shown on the zone district map.

B.

Standards and Criteria. Subject to the following general limitations, the development and use of land within Lakota Canyon Ranch shall comply with the standards and criteria set forth in this chapter for Lakota Canyon Ranch:

1.

Any use not listed as a permitted or conditional use in this chapter is not permitted. The New Castle town council may consider and approve amendments to the Lakota Canyon Ranch master plan, including the master plan text codified in this chapter, in conformance with the regulation of the town providing for such amendments.

2.

The total number of dwelling units in Lakota Canyon Ranch, inclusive of all accessory dwelling units, shall not exceed eight hundred twenty-seven (827) units without approval of an amendment to the Lakota Canyon Ranch master plan and this chapter by the New Castle town council.

3.

Any item, including but not limited to, definitions, uses, signs, supplemental regulations not specifically addressed, exempted or otherwise governed by this chapter shall be governed and regulated by the ordinances of the town of New Castle as amended from time to time, subject to vested rights.

C.

Open Space—Access. All open spaces must be provided with safe and adequate access for all safety and emergency equipment.

D.

Castle Valley Boulevard Open Space Corridor. In order to maintain a uniform continuity along the boulevard in regards to landscape and pedestrian uses, this corridor shall be subject to any and all regulations adopted by the town to achieve such uniformity.

E.

Maximum allowed number of dwelling units in each proposed zone district in a conventional style development:

1.

Single-family dwelling units in the R-L zone: two hundred ninety-seven (297);

2.

Single-family and multifamily dwelling units in the R-M zone: one hundred eight-five (185);

3.

All residential units located within the M-U zone: three hundred forty-five (345);

4.

Total maximum dwelling units in Lakota Canyon Ranch including accessory dwelling units: eight hundred twenty-seven (827).

5.

Additional dwelling units may be allowed in a zone district by conditional use permit as long as the total number of dwelling units within the PUD does not exceed eight hundred twenty-seven (827) units.

6.

The town may increase the allowed number of dwelling units by approval of a specific PUD development plan, subject to limiting factors such as, but not limited to, a maximum residential dwelling unit count of eight hundred twenty-seven (827), topography, open space requirements, and the carrying capacity of Castle Valley Boulevard and to encourage cluster development.

F.

Design and Improvement Standards—Public Works Manual. The design and improvement standards and the technical specifications outlined in the town of New Castle public works manual shall apply to all development in the Lakota Canyon Ranch planned unit development; such standards maybe varied to accommodate a specific development plan when approved by the town council.

(Prior code § 13-34-020)

Final subdivision plats for each filing of Lakota Canyon Ranch may establish individual lots or parcels for the future development, sale and occupancy of townhome units or commercial buildings, which may also be condominiumized. Prior to the issuance of any building permit for construction of townhome units or commercial buildings, the then owner of the lot or parcel upon which such units or buildings are to be constructed shall:

A.

Submit, process and obtain approval from the design review committee of the Lakota Canyon Ranch Homeowner's Association, Inc. for the development of townhome units or commercial buildings;

B.

Submit, process and obtain approval, pursuant to the applicable regulations of the town, of a final subdivision plat for the resubdivision of such lot or parcel into separate townhome or commercial lots, if applicable;

C.

Submit, process and obtain approval, pursuant to the applicable regulations of the town, for the creation of condominium units, if applicable; and

D.

Submit, process and obtain approval by the town of New Castle planner and the New Castle planning commission of a site plan for the lot or parcel which conforms with the following requirements:

1.

Submittal requirements:

a.

An application form signed by the owners of the property or by an applicant with a notarized written authorization from the property owner;

b.

Legal description of the property;

c.

Proof of ownership of the land;

d.

A written narrative describing the application and description of the proposal;

e.

A vicinity map showing the location of the property in relation to the surrounding parcels.

2.

Drawing and Report Requirements. All plans shall be drawn to scale and submitted on twenty-four (24) by thirty-six (36) inch sheets and include the following information:

a.

Legal description including section, township and range;

b.

Name, address and phone number of the owner, applicant and person preparing the map;

c.

North arrow, date and scale that shall not exceed one inch equals fifty (50) feet.

d.

Accurate dimensions of all information shown on the map;

e.

All engineering, drainage and surveying shall be prepared by a professional engineer licensed in the state of Colorado or professional land surveyor licensed in the state of Colorado (as applicable).

3.

Site Plan Requirements. In addition to the aforementioned information, all site plans shall include the following information:

a.

The location of all existing and proposed buildings, utilities and other improvements on the property;

b.

Location and number of off-street parking spaces and loading areas;

c.

Traffic circulation patterns indicating the direction of traffic, location of entries/exits and relationship of parking areas to entrances and exits of the buildings;

d.

Location of service and refuse collection areas;

e.

Location of all signs indicating size, shape and height;

f.

Area and location of open space and landscape spaces;

g.

Location, height, wattage, design specifications and lighting patterns of all outdoor lighting;

h.

Location of existing and proposed fences, landscaping and other screening/buffering;

i.

Location, type, size and quantity of all landscaping materials;

j.

Proposed utilities and irrigation systems;

k.

Engineered grading and drainage plan;

l.

Proposed curb cuts and access points;

m.

Architectural illustrations providing enough detail to clearly and accurately depict proposed building elevations for purposes of evaluating design compatibility with adjacent and near-by structures and compliance with Lakota Canyon Ranch PUD design guidelines;

n.

Other Pertinent Information. The allowed uses, densities and other matters addressed in the Lakota Canyon Ranch master plan, including this chapter, shall not be subject to review or reconsideration in processing the foregoing applications. Sketch plan reviews shall be at the option of the applicant.

(Prior code § 13-34-030)

Lots designated as duplex lots on any final plat for Lakota Canyon Ranch may be further subdivided along the common wall of any duplex unit by preparing and filing an amended final plat which satisfies the requirements of the New Castle Municipal Code for lot splits (Section 16.12.030), except that the town administrator, or a designee, shall review and approve the application and amended plat for compliance with all applicable town regulations, and no review by the planning commission or town council, and no public hearing, shall be required.

(Prior code § 13-34-040)

A.

Purpose and intent: to provide standards and criteria for the development of low density conventional and clustered housing in areas most suitable due to terrain and other features. Low-density housing is comprised of single-family detached homes in a comfortable, healthy, safe and pleasant environment on individual lots configured in accordance with the provisions of this chapter.

B.

Permitted uses:

1.

Detached single-family residential dwellings, including accessory uses and buildings on conventional or clustered lots;

2.

Parks, playgrounds, public or private open space;

3.

Public or private utility facility when located almost entirely underground.

C.

Conditional Uses. All conditional uses shall be individually permitted subject to approval by the town in accordance with Chapter 17.84 of the New Castle Municipal Code (Conditional Uses) to assure that such uses are compatible with their locations and surrounding land uses.

1.

Bed and breakfast establishment with less than seven guests at full occupancy;

2.

Church, convent, monastery;

3.

Day care home;

4.

Schools, public and private;

5.

Accessory dwelling units only in conjunction with detached single-family dwelling units;

6.

Home occupation for the conduct of businesses;

7.

Country clubs and/or golf courses;

8.

Public safety and emergency facilities;

9.

Public or private utility facility when located above ground;

10.

State licensed group homes as defined in C.R.S. 31-23-303.

D.

Cluster Development. Cluster developments shall satisfy the following open space requirements:

1.

A minimum of forty (40) percent of the gross project area shall be open space.

2.

Open space may include, but need not be limited to, parkland, recreational areas, landscaped areas, public or commonly held natural (unimproved) areas, walkways, swimming pools, courts, play areas, easements and rights of way that are not used for streets or sidewalks, and open space dedicated to the town for public use.

3.

Streets, driveways, parking areas, residential dwellings and garages and slopes steeper than thirty-five (35) percent shall not be counted toward the minimum area requirements for open space.

E.

Maximum density:

1.

Conventional development: 1.0 dwelling units per acre (not including accessory dwelling units).

2.

Cluster development: to be determined by the town in conjunction with its review and approval of a PUD development plan or final subdivision plat.

3.

Density shall be calculated based upon the gross useable area (as defined herein) of the development site, including areas within easement and rights-of-way.

F.

Minimum lot area:

1.

Conventional lot: fifteen thousand (15,000) square feet;

2.

Cluster lot: five thousand (5,000) square feet.

G.

Minimum lot frontage:

1.

Conventional lot: twenty-five (25) feet;

2.

Cluster lot: none.

H.

Minimum setbacks from property lines:

1.

Cluster homes must be set back a minimum of thirty (30) feet from any street or circulation area used for the movement of vehicles from one place to another (excepting individual and privately shared driveways used by three homes or less), and where adjacent to an adjacent project or zone district boundary;

2.

Conventional lot—Front yard: thirty (30) feet;

3.

Conventional lot—Rear yard: thirty (30) feet;

4.

Conventional lot—Side yards: twenty (20) feet;

5.

Cluster lot—Side yards: ten (10) feet, except for multifamily dwelling units with common walls;

6.

Building separation: twenty (20) feet.

I.

Maximum building height, subject to a specific PUD development plan:

1.

Conventional lot: thirty (30) feet;

2.

Cluster lot: thirty (30) feet.

J.

Minimum parking spaces:

1.

Single-family dwellings: two per dwelling unit;

2.

Accessory dwelling units: one per bedroom;

3.

Except for accessory dwelling units, stacked parking spaces will not be counted in satisfaction of minimum parking requirement;

4.

Non-residential uses shall provide parking as required by the town of New Castle design standards for such use.

(Prior code § 13-34-050)

A.

Purpose and intent: to provide standards and criteria for the development of moderate density conventional and clustered housing comprised of a mixture of single family detached homes and small scale multi-family dwellings in a comfortable, safe, healthy and pleasant environment on lots or parcels of land configured in accordance with the provisions of this chapter.

B.

Permitted uses:

1.

Single-family residential dwellings, including accessory uses and buildings in conventional or clustered lots;

2.

Multiple family dwellings consisting of duplexes, triplexes, four-plexes and five-plexes in cluster developments, which may be established as condominiums or townhouses.

3.

Park, playground, public or private open space.

4.

Public or private utility facility when located almost entirely underground.

C.

Conditional Uses. All conditional uses shall be individually permitted subject to approval by the town in accordance with Chapter 17.84 of the New Castle Municipal Code (Conditional Uses) to assure that such uses are compatible with their locations and surrounding land uses.

1.

Bed and breakfast establishment;

2.

Church, convent, monastery;

3.

Day care home;

4.

Schools, public and private;

5.

Accessory dwelling units only in conjunction with detached single-family dwelling units;

6.

Home occupation;

7.

Country clubs and/or golf courses;

8.

Public safety and emergency facilities;

9.

Public or private utility facility when located above ground.

D.

Cluster Development. Cluster developments shall satisfy the following open space requirements:

1.

A minimum of thirty (30) percent of the gross project area shall be open space.

2.

Open space may include, but need not be limited to, parkland, recreational areas, landscaped areas, public or commonly held natural (unimproved) areas, walkways, swimming pools, courts, play areas, easements and rights of way that are not used for streets or sidewalks, and open space dedicated to the town for public use.

3.

Streets, driveways, parking areas, residential dwellings, garages and slopes steeper than thirty-five (35) percent shall not be counted toward the minimum area requirements for open space.

E.

Maximum density:

1.

Conventional subdivision: 3.0 dwelling units per acre;

2.

Cluster subdivision: to be determined by the town in conjunction with its review and approval of a PUD development plat or final subdivision plat;

3.

Density shall be calculated based upon the gross useable area (as defined herein) of the development site, including areas within easements and rights of way established on the final plat for such areas.

F.

Minimum lot area:

1.

Conventional lot: eight thousand (8,000) square feet;

2.

Cluster lot: none.

G.

Minimum lot frontage:

1.

Conventional lot: twenty-five (25) feet;

2.

Cluster lot: none.

H.

Minimum setbacks from property lines:

1.

Cluster homes must be set back a minimum of twenty (20) feet from any street or circulation area used for the movement of vehicles from one place to another (excepting individual and privately shared driveways used by three homes or, less), and where adjacent to an adjacent project or zone district boundary;

2.

Conventional lot front yard: twenty (20) feet;

3.

Conventional lot—Rear yard: twenty (20) feet;

4.

Conventional lot—Side yards: ten (10) feet;

5.

Cluster lot—Side yards: ten (10) feet, except for multifamily dwelling units with common walls.

I.

Maximum building height, subject to a specific PUD development plan:

1.

Conventional lot: thirty (30) feet;

2.

Cluster lot: thirty (30) feet.

J.

Maximum dwelling units per building:

1.

Conventional lot: one (except for accessory dwelling units in detached single-family residential dwelling units);

2.

Cluster lot: four.

K.

Minimum parking spaces:

1.

Single-family dwellings: two per dwelling unit;

2.

Accessory dwelling units and multifamily dwellings: one per bedroom;

3.

Multifamily dwellings: two per dwelling unit;

4.

Except for accessory dwelling units, stacked parking spaces will not be counted in satisfaction of minimum parking requirement;

5.

Non-residential uses shall provide parking as required by the town of New Castle design standards for such use.

(Prior code § 13-34-060)

A.

Purpose and intent:

1.

To provide standards and criteria for development of a compatible mix of conventional and clustered commercial, service, entertainment, low impact business and residential uses to serve the residents of Lakota Canyon Ranch and the residents and businesses of New Castle, Colorado;

2.

To encourage clustered development to preserve open space.

B.

Permitted uses:

1.

Multifamily residential dwellings (including apartments), including accessory uses and buildings;

2.

Residential dwellings and commercial uses in the same building;

3.

Retail sales, including:

a.

Restaurants without bars and without drive-through facilities,

b.

Outdoor dining facilities,

c.

Furniture store,

d.

Dry goods store,

e.

General merchandise store,

f.

Department store,

g.

Fabric store,

h.

Apparel and accessories,

i.

Appliance store,

j.

Automotive parts and accessory sales,

k.

Botanical plants and gardening materials,

1.

Hardware store,

m.

Building materials and supplies,

n.

Antiques,

o.

Arts, crafts and collectibles,

p.

Bookstore,

q.

Newsstand,

r.

Drug store,

s.

Medical supply,

t.

Rental and leasing items sold,

u.

Small equipment sales and leasing (not to include sales and leasing of heavy equipment),

v.

Computers and accessories,

w.

Electronic equipment,

x.

Feed store,

y.

Grocery store,

z.

Sporting goods and non-motorized recreation sales,

aa.

Office equipment sales and leasing,

bb.

Pets and pet supplies,

cc.

Wine and beer making supplies and equipment,

dd.

Video sales and rentals.

All retail sales and display must be conducted entirely within a building, except display and sale of botanical materials and seating facilities for outdoor dining facilities. Building materials and gardening supplies may be stored outside of a building but must be totally screened from view when observed from any point on the adjacent public right-of-way or any point on the natural grade of the adjoining properties by opaque fencing or walls. Use of tennis court screening or slats inserted in a chain-link fence shall not be considered opaque fencing or walls.

4.

Services, including:

a.

Professional office,

b.

Business office,

c.

Banks and financial institutions w/o drive-through facilities,

d.

ATM machines,

e.

Travel agency,

f.

Upholstery shop,

g.

Veterinary services, without overnight kennel boarding facilities,

h.

Appliance repair service,

i.

Barbershop,

j.

Beauty salon,

k.

Photography studios,

l.

Tailor shop,

m.

Appliance, office equipment and small engine repair,

n.

Laundromat,

o.

Dry cleaners for individual service,

p.

Newspaper office,

q.

Mail or package delivery,

r.

Medical or dental clinic,

s.

Legal and accounting services and other similar professional or business services,

t.

Instructional studios,

u.

Mortuary,

v.

Printing,

w.

Blueprinting and copying,

x.

Real estate office,

y.

Private studio for the creation of arts and crafts;

5.

Recreation and entertainment uses, including:

a.

Arcade,

b.

Health clubs,

c.

Parks,

d.

Playgrounds,

e.

Private club,

f.

Pool hall without bar,

g.

Swimming pools,

h.

Tennis courts,

i.

Meeting rooms,

j.

Library,

k.

Art gallery,

l.

Museum and theaters.

All recreation uses must be conducted entirely within a building except parks, playgrounds, swimming pools, tracks, fields and tennis courts.

6.

Other businesses, including:

a.

Special sales events lasting no more than two days,

b.

Business research and development not involving hazardous materials or pollution,

c.

Computer software research and development,

d.

Office buildings,

e.

Testing laboratories not involving hazardous materials or pollution,

f.

Assembling or manufacturing electronic instruments and devices,

g.

Assembly of small appliances,

h.

Micro-brewery,

i.

Data processing;

7.

Government and quasi-government offices;

8.

Single family dwelling;

9.

Public or private utility facility when located almost entirely underground.

C.

Conditional Uses. All conditional uses shall be individually permitted subject to approval by the town in accordance with Chapter 17.84 of the New Castle Municipal Code (Conditional Uses) to assure that such uses are compatible with their locations, and surrounding land uses.

1.

Any business with drive-through service facilities;

2.

Home occupation for the conduct of businesses;

3.

Customized creation of a product;

4.

Festivals and fairs;

5.

Woodworking shop;

6.

Welding shop;

7.

Motion picture or video studios;

8.

Commercial outdoor recreation activities other than permitted recreation uses;

9.

Regularly operated open air and/or farmers markets, peddlers;

10.

Special sales events three (3) or more days;

11.

Carwash;

12.

Any use involving hazardous or flammable materials

13.

Convention hall, bus station or terminal;

14.

Restaurants with bar;

15.

Bars, Lounge with dancing or entertainment;

16.

Hospital, nursing home and other medical overnight care facilities;

17.

Child care center;

18.

Veterinary services with overnight kennel boarding facilities;

19.

Kennel for non-medical boarding;

20.

Package liquor store;

21.

Convenience store, gas station;

22.

Bed and breakfast establishment;

23.

Hotel and motel;

24.

Public safety and emergency facilities;

25.

Public or private utility facility when located above ground.

D.

Minimum use standards for commercial uses:

1.

All fabrication, service and repair operations shall be conducted within a building.

2.

All outside parking abutting or facing a lot in a residential-only use or zone shall be enclosed by sight-obscuring landscape buffer or fence. The landscape buffer or fence shall obstruct the parking from view on the sides of the property abutting or facing a lot in a residential use or zone. The landscape buffer or fence shall be of such material and design as will not visually detract from adjacent residences and shall be built according to plans submitted by the owner to and approved by the town. This requirement shall not apply to mixed use residential areas that include commercial uses within the area. All stored materials or garbage receptacles outside a building shall be bear-proof, completely enclosed and hidden on all sides from view when observed from any point on the adjacent public right-of-way or any point on the natural grade of the adjoining properties by an opaque fence or wall.

3.

An area of not less than ten (10) percent of the gross project area shall be landscaped in accordance with a landscape plan approved by the town. The primary developer shall provide upon submission of a subdivision preliminary plat, site plan application or building permit, whichever is sooner, a general overall landscaping theme and guideline for the entire zone district for approval by the town. All landscaping plans shall be consistent with the wildfire mitigation plan for Lakota Canyon Ranch.

E.

Minimum Use Standards for Residential Uses.

1.

A minimum of fifteen (15) percent of the gross project area shall be open space.

2.

Open space may include, but need not be limited to, parkland, recreational areas, landscaped areas, public or commonly held natural (unimproved) areas, walkways, swimming pools, courts, play areas, easements or rights of way not used for streets or sidewalks, and open space dedicated to the town for public use.

3.

Streets, driveways, parking areas, residential dwellings, garages and slopes in excess of thirty-five (35) percent shall not be counted toward the minimum area requirements for open space.

F.

Maximum residential density: 12.0 dwelling units per gross useable acre (as defined herein).

G.

Minimum setbacks from property lines: subject to specific PUD development plan, and the plans and specifications for the design of Castle Valley Boulevard as described in Section 3.3 and as set forth in Exhibit B of the 1999 Development and Annexation Agreement for the FAAS Ranch PUD.

H.

Maximum building height: thirty-five (35) feet

I.

Maximum residential dwelling units per building: ten (10).

J.

Minimum Parking Spaces. Commercial and residential uses shall provide parking as required by the town of New Castle design standards for such use.

K.

Development Concept. The planning concept for the mixed-use zone is to create an attractive environment for community, commercial and retail in a pleasant central location. The community commercial area would be located close to the highway intersection for easy access to non-resident shoppers and would be convenient to the main Boulevard to cut down on traffic trip length and be located near residential areas to cut down on vehicle trips. In keeping with the objective to reduce motor vehicle trips, non-motorized trail systems shall be designed throughout the project and connect residential and commercial districts in a convenient and logical manner. Office and service uses would be mixed into the development in non-store front locations including at the periphery of retail areas as well as on second stories. This would cut down on employee day trips. In some cases, smaller residential units may be mixed in with the commercial/office development, provided that in any building containing both residential and commercial space, there shall be no ground floor residential dwelling units on the same side of the building as ground floor commercial space.

L.

Development Limits.

1.

Retail/sales and office/service uses: a maximum of one hundred thousand (100,000) square feet total interior space.

2.

Residential units: a maximum of three hundred (300) dwelling units total. This maximum shall be subject to the total Lakota Canyon Ranch project maximum of eight hundred twenty-seven (827) residential dwelling units.

M.

Design Standards for Non-Residential Development. To maintain visual quality in the mixed use zone, building facades should be varied and articulated to provide visual interest to pedestrians and motorists. Street level windows and numerous building entries are required in commercial areas. Arcades, porches, bays and balconies are encouraged. In no case shall the streetside facade of a building consist of an unarticulated blank wall or an unbroken series of garage doors. Building designs should provide as much visual stimulus as possible, without creating a chaotic image. Buildings should incorporate design elements at the street level that draw in pedestrians and reinforce street activity. Facades should vary from one building to the next, rather than create an overly unified frontage. Building materials such as concrete, masonry, tile, stone and wood are encouraged; glass curtain walls and reflective glass are discouraged. Development shall comply with any design guidelines or illustrations that may be approved as part of the site plan review process described in Section 17.128.030 above.

(Prior code § 13-34-070)

A.

Purpose and intent: to identify specific open space for public dedication to the town.

B.

Permitted uses: enlargement of the existing Highland Cemetery; public and private parks.

C.

Conditional uses: a country club and/or golf course and related facilities; public or private recreation areas.

(Prior code § 13-34-080)

A.

Permitted uses of Lot 1 of Lakota Phase 7 include:

1.

Public safety and emergency facilities;

2.

Residential housing for public sector employees including the fire protection district, the town of New Castle, and/or other public entities approved by the town;

3.

Libraries.

B.

Prior to the issuance of any building permit for construction of a building within Lot 1, the then owner of the lot shall submit a site plan in conformance with Section 17.128.030.

C.

In addition to the requirements of Section 17.128.030(3), the following may be required as part of a site plan application:

1.

A title commitment to insure all on- and off-site dedications and easements in an amount satisfactory to the town attorney.

2.

The applicant and the town shall enter into a subdivision improvements agreement pursuant to Section 16.32.010.

3.

Anticipated utility requirements together with a description of how utility services will be provided.

4.

Public notification for the site plan review shall follow the same process required for a public hearing.

D.

All other design standards of the Lakota M-U: mixed use zone district shall apply to Lot 1, except:

1.

All setbacks shall be a minimum thirty (30) feet from a property line.

2.

The maximum building height shall be thirty-eight (38) feet.

(Ord. No. 2009-2, § 4, 2-3-2009)