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Platteville City Zoning Code

ARTICLE II

ZONING DISTRICTS1


Footnotes:
--- (1) ---

Editor's note— Ord. No. 744, adopted May 16, 2017, amended section catchlines of Art. II to conform to a consistent style. At the editor's discretion, all catchlines within Art. II describing specific districts have been so conformed even where not indicated by ordinance, and all such amendments have been made without further notation.


Sec. 16-2-10. - Districts Established.

(a)

Districts Established. To carry out the purpose and provisions of this Chapter, the incorporated area of the Town is hereby divided into the following zone districts.

(1)

Agricultural/Holding (A-H).

(2)

Environmentally Constrained Residential/Recreation (ECRR).

(3)

Residential Estate (RE).

(4)

Low Density Residential (R-1).

(5)

Multi-Family (MF).

(6)

Neighborhood Residential Mixed Use (NR-MU).

(7)

Central Business District (CBD).

(8)

Community Commercial (CC).

(9)

Regional Commercial (RC).

(10)

Light Industrial (LI).

(11)

Small Office Warehouse (SO).

(12)

Public (P).

(13)

Planned Development (PD).

(b)

Characteristics and Objectives. Each zone district includes a description of location, natural and built characteristics and attributes applicable to particular land parcels and the functions and attributes of appropriate uses for the zone district, carrying out the intent of the Comprehensive Plan. Appropriate uses shall be located and designed to fulfill the desired characteristics and objectives of the zone district in which they fall.

(c)

Use Regulations. Each zone district includes the following categories:

(1)

Permitted principal uses are uses by right, which are permitted anywhere within the particular zone district in which they are identified. Permitted principal uses, other than a single-family or two-family dwelling unit/structure, which only requires plot plan approval, require site plan approval. All structures require building permit approval.

(2)

Permitted accessory uses are a use by right customarily incidental to the identified permitted principal use, provided that they meet all applicable regulations. Permitted accessory uses require a plot plan where the principal use is a single-family home or two-family dwelling unit/structure, and building permit approval. All other accessory uses require site plan approval and building permit approval.

(3)

Conditional review uses are uses that may be allowed in the zone district indicated subject to any applicable regulations. Conditional review uses may be permitted if it can be demonstrated that the location and the site proposed for the use is appropriate, facilitating the use in a manner which supports the purposes of the zone district and which is compatible with the surrounding area. Additional uses which are not listed, but which are consistent with the purpose and objectives of the zone district, and are similar in character and level of impacts as identified in the permitted and accessory uses for the zone district, may also be permitted subject to review. Conditional review uses require the issuance of a permit approved by resolution by the Planning Commission and Board of Trustees, after public hearings before the Planning Commission and the Board of Trustees.

(d)

Dimensional Requirements. Dimensional requirements are minimum restrictions which apply to the siting and massing of buildings and structures on the lot, from which no variance will be permitted, except as provided under Section 16-5-60, Section 16-2-160 and Section 16-4-20, and in Section 16-5-50. Dimensional requirements include:

(1)

Minimum lot area.

(2)

Minimum lot width.

(3)

Maximum gross density.

(4)

Front yard setbacks.

(5)

Side yard setbacks (including zero lot lines).

(6)

Rear yard setbacks.

(7)

Minimum open space.

(8)

Maximum impervious coverage.

(9)

Maximum building height.

(10)

Minimum separation between structures.

(e)

Development Standards. Development standards are minimum standards that development and uses within the zone district must meet to obtain site plan or plot plan approval. Development standards specific to each zone district are listed within each zone district. General regulations and standards pertaining to all zone districts are found in Article III of this Chapter, and apply to both residential and nonresidential development.

(Ord. 667 §1, 2011; Ord. 744 §§2, 5, 5-16-2017)

Sec. 16-2-20. - Official Zoning Map.

(a)

Official Zoning Map Adopted. The location and boundaries of the zone districts established by this Chapter are shown on the Official Zoning Map of the Town of Platteville. The Official Zoning Map, together with all data shown thereon and all amendments thereto, is by reference made part of this Chapter. The Official Zoning Map shall be identified by the signature of the Mayor of the Town and attested by the Town Clerk and shall bear the seal of the Town and the date of adoption. The Official Zoning Map shall be located in the office of the Town Clerk and shall be available for inspection upon reasonable notice.

(b)

District Boundaries. Except where otherwise indicated, zone district boundaries shall follow municipal corporation limits, section lines, lot lines, right-of-way lines or extensions thereof. For property where a zone district boundary divides a lot or parcel, the location of such boundary, unless indicated by legal description with distance and bearing or other dimensions, shall be determined by using the graphic scale of the Official Zoning Map. In interpreting the Official Zoning Map, unless otherwise specified on the Official Zoning Map, zone district boundary lines are intended to be property ownership lines or lot lines; centerline of streets, alleys, channelized waterways or similar rights-of-way; the centerline of blocks; section or township lines; municipal corporate boundaries; the centerline of stream beds; or other lines drawn approximately to scale on the Official Zoning Map.

(c)

Boundary Clarification.

(1)

In the event that a zone district boundary is unclear or is disputed, it shall be the responsibility of the Town Manager to determine the intent and actual location of the zone district boundary.

(2)

Any appeal of the determination of the zone district boundary made by the Town Manager shall be heard by the Board of Adjustment in accordance with the procedures outlined in Article V of this Chapter.

(d)

Amendments to Map. Changes in the boundaries of any zone district shall be made only upon amendment to this Chapter and shall promptly be entered on the Official Zoning Map with an entry on the map giving the number of the amending ordinance and the date with the signature of the Mayor, attested by the signature of the Town Clerk.

(Ord. 667 §1, 2011; Ord. 744 §1, 5-16-2017)

Sec. 16-2-30. - Minimum Size For New Districts.

Unless contiguous to the same zone district, all newly created zone districts shall be greater than five (5) acres in size including Planned Development (PD) zone districts. When contiguous to an existing district of the same designation, these minimums shall not apply.

(Ord. 667 §1, 2011)

Sec. 16-2-40. - Agricultural/Holding (A-H) District.

(a)

Characteristics and Objectives. The Agricultural/Holding (A-H) district represents rural property located within a Developing Urban, Rural Protection, or Environmental Constrained planning area designated in the Comprehensive Plan. This land use classification is intended to encourage the sustainability of agricultural production in the Rural Protection and Environmental Constrained planning areas, and discourage leapfrog development and ensure that land develops in a systematic and cost-conscious manner where appropriate within the Developing Urban area. The Town strongly discourages Weld County from allowing this land to be developed or subdivided until it is annexed to the Town. Where urban levels of service can serve the land designated as "Agriculture/Holding," the Town may re-examine the appropriate locations and recommended uses and densities for this land.

(b)

Use Regulations.

(1)

Permitted Principal Uses.

a.

One (1) dwelling unit/structure per existing parcel.

b.

Husbandry of domesticated farm or ranch animals.

c.

Field operations including field preparation, planting, fertilizing, cultivating, harvesting, tilling, herbicide/pesticide spraying, haymaking, mowing, crop storage, hauling, fencing and barn construction, and agricultural uses, including family farms and ranching businesses.

d.

Agricultural commercial enterprises.

e.

Nursery/tree farm that involves the planting, growing, cultivating, cutting and harvesting of trees growing on a site, and the loading, unloading and sorting of trees on a site where they were grown, for wood or wood-based products.

f.

Commercial stables, riding school, trout farm, animal boarding, petting corral or small dude ranch.

g.

Bed and breakfast establishments.

h.

Educational or research facilities use related to agriculture, horticulture and animal husbandry, including facilities for the investigation, testing and demonstration of agricultural products and processes, including biotechnical agriculture, veterinary, soil, plant and animal sciences.

i.

Residential cluster developments.

j.

Single-family dwellings including caretakers' residences.

k.

Small solar energy systems.

(2)

Permitted Accessory Uses and Structures.

a.

Accessory structures and uses that assist in the production of value-added agricultural products.

b.

Agricultural accessory dwelling units.

c.

Veterinarian; farrier; saddle repair.

d.

Uses that are customarily incidental to any of the permitted principal uses and are located on the same lot.

e.

Accessory solar energy systems.

(3)

Conditional Review Uses.

a.

Public buildings, civic facilities, schools (except public schools exempt from municipal land use control pursuant to state law) and places of worship.

b.

An owner-occupied or nonprofit group home for the aged as these terms are defined by C.R.S. § 31-23-303, if it serves as a permitted principal use and is for no more than eight (8) persons, is not located within seven hundred fifty (750) feet of another such group home, and the owner or operator resides and maintains primary residency within the group home.

c.

Utility infrastructure if it is needed to serve the area in which it is located, and no nonresidential location exists, and it is designed so as to be nonobtrusive and blend in with the surrounding area.

d.

Central farm distribution hub for agricultural products including without limitation a trucking operation, stockyard, auction house, cannery or other processing facility.

e.

Adult entertainment establishments.

f.

Large solar energy systems.

g.

Oil and gas operations.

h.

Other rural industrial land uses associated with agricultural operations, energy production, or natural resource extraction.

i.

Cottage industries.

(c)

Dimensional Requirements.

(1)

Minimum lot area: Five (5) acres unless as part of subdivision exemption or a residential cluster development.

(2)

Minimum lot width: Two hundred (200) feet.

(3)

Maximum gross density: One (1) dwelling unit/structure per five (5) acres as part of subdivision exemption or a residential cluster development.

(4)

Maximum impervious coverage: Twenty percent (20%).

(5)

Front setback: Twenty-five (25) feet.

(6)

Side yard setback: Fifty (50) feet.

(7)

Rear setback: Fifty (50) feet.

(8)

Maximum height: Principal residential building - thirty (30) feet; agricultural structures - fifty (50) feet; storage structures - seventy-five (75) feet.

(d)

Development Standards.

(1)

Horse and livestock corrals shall be set back fifty (50) feet from all property lines. If the property is on an individual septic system, no horses or livestock shall be permitted on any lot that is not five (5) acres or greater and no corral shall be placed upon the designated leach field.

(2)

Development shall be located, sited and designed to blend in with the existing natural environment and minimize disruption to existing terrain, vegetation, drainage patterns, natural slopes and any other distinctive natural features.

(3)

Development design and site layout shall protect and preserve wetlands and riparian areas, critical wildlife habitats and natural features, and landmarks.

(4)

Private and unpaved roads and drainage ditches are permitted.

(5)

Impervious cover shall be minimized to reduce surface run-off.

(6)

Pedestrian, bicycle and equestrian-friendly roads or trails are encouraged.

(7)

Travel restrictions on heavy commercial vehicles pursuant to Subsection 16-4-100(q) shall apply.

(8)

Irrigation ditches traversing lots shall be protected and center flow shall be maintained pursuant to Section 17-4-220.

(Ord. 667 §1, 2011; Ord. 730 §1, 2016; Ord. 744 §6, 5-16-2017; Ord. 792, 11-17-2020)

Sec. 16-2-50. - Environmentally Constrained Residential/Recreation (ECRR) District.

(a)

Characteristics and Objectives. The Environmentally Constrained Residential/Recreation (ECRR) district represents land that is currently within the designated floodplain. This zone district generally includes all lands noted as Environmental Constrained in the Comprehensive Plan. Intensive development is unlikely due to the extent of the floodplain, but with careful planning, there may be portions of this designated floodplain that can be developed at a very low density and can provide valuable open space while protecting the floodplain, wetlands and riparian habitat. Residential units may be on very large lots or clustered with abundant open space surrounding each development. The ECRR District is also well suited for passive and active recreational facilities and amenities that do not require a multitude of structures. This includes trails, trailhead parking areas, golf courses, equestrian facilities and multi-purpose fields for activities such as soccer, baseball and football.

(b)

Use Regulations.

(1)

Permitted Principal Uses.

a.

One (1) single-family dwelling unit/structure per lot.

b.

Common open space areas.

c.

Agriculture, horticulture and grazing activities.

d.

Public parks, playgrounds, recreational fields, trails, picnic shelters and like outdoor amenities.

e.

Campgrounds and RV sites.

f.

Public facilities including utilities and facilities, including but not limited to utility service facilities, water facilities, wastewater facilities and drainage facilities.

g.

Irrigation, water quality, and recreational lakes, ponds or swimming pools of any size, provided that the facility does not impact wastewater treatment.

h.

Small solar energy systems.

(2)

Permitted Accessory Uses and Structures.

a.

Private garages.

b.

Parking as specified at Sections 16-3-100 and 16-3-110.

c.

Home occupations.

d.

Sporting courts, tennis courts, swimming pools and other similar structures provided they are located in the side or rear yard of the lot.

e.

Accessory solar energy systems.

f.

Small wind energy conversion systems that are noncommercial and do not exceed fifteen (15) feet in height.

(3)

Conditional Review Uses.

a.

State-licensed group home for either the developmentally disabled or mentally ill or the aged as these terms are defined by C.R.S. § 31-23-303, if it serves not more than eight (8) developmentally disabled persons or eight (8) mentally ill persons, at least one (1) appropriate staff person resides and maintains primary residency within the group home, and the group home is not located within seven hundred fifty (750) feet of another group home.

b.

Owner-occupied or nonprofit group home for the aged as these terms are defined by C.R.S. § 31-23-303, if it serves no more than eight (8) persons, is not located within seven hundred fifty (750) feet of another group home, and the owner or operator resides and maintains primary residency within the group home.

c.

Large solar energy systems.

d.

Recreation, cultural and educational facilities including museums, clubhouses, health and athletic clubs and public or private equestrian facilities, within a structure or open.

e.

Bed and breakfast establishments.

f.

Cottage industries.

(c)

Dimensional Requirements.

(1)

Minimum lot area: Five (5) acres, unless as part of a residential cluster development.

(2)

Minimum lot width: Two hundred (200) feet.

(3)

Maximum gross density: One (1) dwelling unit/structure per five (5) acres.

(4)

Maximum impervious coverage: Twenty percent (20%).

(5)

Front setback: Twenty-five (25) feet.

(6)

Side setback: Twenty-five (25) feet.

(7)

Rear setback: Twenty-five (25) feet.

(8)

Maximum building height: Principal structure thirty (30) feet; accessory structure twenty-one (21) feet.

(d)

Development Standards.

(1)

Horse and livestock corrals must be set back fifty (50) feet from all property lines. If the property is on an individual septic system, no horses or livestock shall be permitted on any lot that is not five (5) acres or greater and no corral shall be placed upon the designated leach field.

(2)

Development shall be located, sited and designed to blend in with the existing natural environment and minimize disruption to existing terrain, vegetation, drainage patterns, flood plain irrigation ditches and any other distinctive natural features.

(3)

Accessory uses which are customarily incidental to the permitted principal uses must be subordinate in size to the principal structure.

(Ord. 667 §1, 2011; Ord. 730 §2, 2016; Ord. 744 §7, 5-16-2017)

Sec. 16-2-60. - Residential Estate (RE) District.

(a)

Characteristics and Objectives. The Residential Estate (RE) district is established to accommodate large lot residential development generally located on the edge of a Stable Urban or Developing Urban area, or within a Rural Protection or Environmental Constrained planning area, as designated in the Comprehensive Plan. The RE District is intended for single-family detached residential units with a maximum gross density of one (1) dwelling unit/structure per acre. Incidental recreational, institutional, public and accessory uses compatible with the character of the district and customarily found in proximity to low-density residential areas may be permitted. Other objectives for the RE District include:

(1)

Allowing for larger lot development that assists in retaining the rural character of Platteville.

(2)

Ensuring that new development is compatible with, and enhances the character of existing residences and the natural environment.

(3)

Allowing for accessory structures while continuing to preserve the openness of the land.

(b)

Use Regulations.

(1)

Permitted Principal Uses.

a.

Single-family detached dwelling units/structures.

b.

Well-maintained and landscaped open space or neighborhood parks with structures of no more than five thousand (5,000) square feet.

c.

Keeping of animals as specified in Section 16-4-90.

(2)

Permitted Accessory Uses and Structures.

a.

Parking for the principal use as specified in Section 16-3-100.

b.

Home occupations.

c.

Private garages.

d.

Sporting courts, tennis courts, swimming pools and other similar structures provided they are located in the side or rear yard of the lot.

e.

Accessory solar energy systems.

f.

Small wind energy conversion system that is noncommercial and does not exceed fifteen (15) feet in height.

(3)

Conditional Review Uses.

a.

Public buildings, facilities, schools and places of worship may be permitted if the traffic impacts can be mitigated and if adequate parking arrangements are made either on-site or on an adjacent site.

b.

An owner-occupied or nonprofit group home for the aged and homes for the developmentally disabled, handicapped and mentally ill as these terms are defined by C.R.S. § 31-23-303, may be permitted if it serves as a permitted principal use and is for no more than eight (8) persons, is not located within seven hundred fifty (750) feet of another such group home, and the owner or operator resides and maintains primary residency within the group home. Where nine (9) or more persons are to occupy a group home, or if the group home is not defined in C.R.S. § 31-23-303, such group home shall be permitted only upon granting of a Conditional Review Use permit pursuant to Section 16-5-30.

c.

Utility infrastructure may be permitted if it is needed to serve the area in which it is located, and no nonresidential location exists, and is designed so as to be nonobtrusive and blend in with the surrounding area.

d.

Commercial stables.

e.

Bed and breakfast establishments, on lots of ten (10) acres or more.

f.

Cottage industries, on lots of two and one-half (2½) acres or more.

g.

Field operations including field preparation, planting, fertilizing, cultivating, harvesting, tilling, herbicide/pesticide spraying, haymaking, mowing, crop storage, hauling, fencing and barn construction. Agricultural uses as defined, including family farms and ranching businesses, on lots of ten (10) acres or more.

h.

Nurseries or tree farms that involve the planting, growing, cultivating, cutting and harvesting of trees growing on a site, and the loading, unloading and sorting of trees on a site where they were grown, for wood or wood-based products, on lots of ten (10) acres or more.

i.

Riding schools, trout farms, petting corrals or small dude ranches, on lots of five (5) acres or more.

j.

Educational or research facilities related to agriculture, horticulture and animal husbandry, including facilities for the investigation, testing and demonstration of agricultural products and processes, including biotechnical agriculture, veterinary, soil, plant and animal sciences, on lots of two and one-half (2½) acres or more.

k.

Small solar energy systems, on lots of ten (10) acres or more.

(c)

Dimensional Requirements.

(1)

Minimum lot area: One half (½) acre.

(2)

Minimum lot width: Seventy-five (75) feet.

(3)

Maximum gross density: One (1) dwelling unit/structure per acre.

(4)

Maximum impervious coverage: Twenty-five percent (25%).

(5)

Setbacks:

a.

Front: Twenty-five (25) feet.

b.

Side: Ten (10) feet plus an additional five (5) feet for any structure over eighteen (18) feet.

c.

Rear: Twenty (20) feet for principal structure and ten (10) feet for all accessory structures.

(6)

Maximum building/structure height: Thirty (30) feet.

(7)

Maximum square footage of all accessory structures: One hundred ten percent (110%) of the square footage of the principal structure, provided that all setback requirements are met.

(d)

Development Standards.

(1)

The keeping of horses requires a minimum lot size of two and one half (2½) acres and one (1) acre per horse.

(2)

Horse corrals shall be set back fifty (50) feet from all property lines.

(3)

No more than two (2) accessory structures per lot are allowed and such accessory structures must meet all dimensional requirements and must be subordinate in size to the principal structure.

(4)

Garages or other buildings intended for vehicular storage shall provide a minimum ten-foot setback between property line and garage door into the structure to accommodate vehicle driveway parking and prevent vehicle encroachment into the access, street or alley.

(5)

Design Standards for building form and siting pursuant to Section 16-3-60.

(6)

Adopted Street Standards may be modified upon recommendation of the Development Review Committee (DRC) after review by the Town Engineer and approval by the Board of Trustees.

(Ord. 667 §1, 2011; Ord. 730 §3, 2016; Ord. 744 §8, 5-16-2017; Ord. 793, 11-17-2020)

Sec. 16-2-70. - Low Density Residential (R-1) District.

(a)

Characteristics and Objectives. The R-1 District provides for single-family detached residential development in Stable Urban and Developing Urban areas designated in the Comprehensive Plan. The R-1 District allows for a range of housing choices, from large lot home sites to smaller lots that could accommodate patio homes. Residences in the R-1 District are generally characterized by a mix of compatibly designed detached single-family houses, sufficient landscaping and usable open space. Sidewalks or paths are provided to connect neighborhoods to regional trails and key destinations like the local schools.

(b)

Use Regulations.

(1)

Permitted Principal Uses.

a.

Single-family detached dwelling units/structures.

b.

Well-maintained and landscaped open space or neighborhood parks with structures of no more than five thousand (5,000) square feet.

(2)

Permitted Accessory Uses and Accessory Structures.

a.

Not more than two (2) accessory structures on a single lot.

b.

Parking for the principal use as specified in Section 16-3-100.

c.

Home occupations.

d.

Detached garages.

e.

Sporting courts, tennis courts, swimming pools and other similar structures provided they are located in the side or rear yard of the lot.

f.

Accessory solar energy systems.

g.

Small wind energy conversion systems that are noncommercial and do not exceed fifteen (15) feet in height.

(3)

Conditional Review Uses.

a.

Public buildings, facilities, schools and places of worship if the traffic impacts can be mitigated and if adequate parking arrangements are made either on-site or on an adjacent site.

b.

An owner-occupied or nonprofit group home for the aged and homes for the developmentally disabled, handicapped and mentally ill as these terms are defined by C.R.S. § 31-23-303, if it serves as a permitted principal use and is for no more than eight (8) persons, is not located within seven hundred fifty (750) feet of another group home, and the owner or operator resides and maintains primary residency within the group home.

c.

Utility infrastructure if it is needed to serve the area in which it is located, and no nonresidential location exists, and is designed so as to be nonobtrusive and blend in with the surrounding area.

d.

Child care centers.

e.

Two-family dwellings.

(c)

Dimensional Requirements.

(1)

Minimum lot area: Five thousand (5,000) square feet.

(2)

Minimum lot width: Twenty-five (25) feet.

(3)

Maximum impervious coverage: Thirty-five percent (35%).

(4)

Maximum building height: Principal structure, twenty-seven (27) feet; accessory structures, sixteen (16) feet.

(5)

Setbacks:

a.

Front: Twenty (20) feet.

b.

Side: Five (5) feet or one (1) foot for every three (3) feet of building height, whichever is greater.

c.

Rear: Twenty-five (25) feet for principal buildings and ten (10) feet for accessory structures.

(6)

Minimum corner lot setback: Twenty-five (25) feet from each adjacent street.

(7)

Minimum distance between principal structures: Ten (10) feet.

(8)

Detached garages with alley access shall provide a minimum eighteen (18) foot setback between the property line and the garage door into the structure to accommodate vehicle driveway parking and prevent vehicle encroachment onto any street, alley, trail or sidewalk. Detached garages with street access and no alley access shall provide a minimum ten (10) foot setback between the property line and the garage.

(9)

Maximum square footage of all accessory structures: one hundred ten percent (110%) of the square footage of the principal structure, provided that all setback requirements are met.

(d)

Development Standards.

(1)

Solar panels and other alternative energy devices must minimize the visual impact on adjacent properties to the extent possible.

(2)

Design standards for building form and siting are set forth in Section 16-3-60.

(Ord. 667 §1, 2011; Ord. 726 §1, 2015; Ord. 730 §4, 2016; Ord. 744, 5-16-2017)

Sec. 16-2-80. - Multi-Family Residential (MF) District.

(a)

Characteristics and Objectives. The Multi-Family (MF) district is intended to provide for the development of all forms of residential housing types in Stable Urban and Developing Urban areas designated in the Comprehensive Plan. Incidental recreational, institutional, public and accessory uses customarily found in proximity to medium and higher density residential areas may be permitted.

(b)

Use Regulations.

(1)

Permitted Principal Uses.

a.

Multi-family dwellings.

b.

Single-family dwellings and two-family dwellings.

c.

Rooming houses, boarding houses and dormitories.

d.

Manufactured home communities.

e.

Institutional and quasi-public uses including community centers, detoxification centers, family care homes, group homes, health care support facilities and places of worship.

(2)

Permitted Accessory Uses and Accessory Structures.

a.

Uses that are customarily incidental to any of the permitted principal uses and are located on the same lot.

b.

Home occupations.

c.

Parking for the principal use as specified in Section 16-3-100.

d.

Detached garages.

e.

No more than two (2) accessory structures on any lot.

f.

Accessory solar energy systems.

g.

Small solar energy systems.

(3)

Conditional Review Uses.

a.

Public buildings, grounds and facilities under five thousand (5,000) square feet.

b.

An owner-occupied or nonprofit group home for the aged as these terms are defined by C.R.S. § 31-23-303, as a principal use, if it serves no more than eight (8) persons, is not located within seven hundred fifty (750) feet of another group home, and the owner or operator resides and maintains primary residency within the group home.

c.

Outdoor dining areas operated in conjunction with permitted eating and drinking establishments.

d.

Public utilities, if designed so as to be nonobtrusive and blend in with the surrounding area.

e.

Bed and breakfast establishments.

f.

Cottage industries.

(c)

Dimensional Requirements.

(1)

Minimum lot area:

a.

Single-family: Five thousand (5,000) square feet.

b.

Two-family: Seven thousand (7,000) square feet.

c.

Multi-family: Ten thousand (10,000) square feet.

(2)

Minimum lot width:

a.

Single-family: Twenty-five (25) feet.

b.

Two-family: Fifty (50) feet.

c.

Multi-family: Seventy-five (75) feet.

(3)

Maximum gross density:

a.

Single-family: Eight (8) dwelling units per acre.

b.

Two-family: Twelve (12) dwelling units per acre.

c.

Multi-family: Eighteen (18) dwelling units per acre.

(4)

Maximum building height:

a.

Single-family: Principal structure, twenty-seven (27) feet; accessory structures, sixteen (16) feet.

b.

Two-family: Principal structure, twenty-seven (27) feet; accessory structures, sixteen (16) feet.

c.

Multi-family: Principal structure, forty (40) feet; accessory structures, sixteen (16) feet.

(5)

Setbacks (single-family and two-family residential):

a.

Front: Fifteen (15) feet.

b.

Side: Five (5) feet.

c.

Rear: Ten (10) feet.

(6)

Setbacks (multi-family residential):

a.

Front: Twenty-five (25) feet.

b.

Side: Five (5) feet for the first story, plus an additional five (5) feet for each additional story.

c.

Rear: Twenty (20) feet.

(7)

Zero lot lines: Zero lot lines are permitted for residential structures subject to the following:

a.

The side yard opposite the zero lot line shall be not less than ten (10) feet.

b.

The rear yard shall be at least ten (10) feet.

c.

A party wall agreement shall be on file prior to issuance of a building permit. Such agreement shall set terms for maintenance and upkeep of the entire structure and both individual units, including color, materials and access for maintenance and repairs. The agreement shall also set terms for upkeep, maintenance and repair of the real property and landscaping.

d.

There shall be no openings in the party wall.

(8)

Detached garages: Detached garages with alley access shall provide a minimum eighteen-foot setback between the property line and the garage door into the structure to accommodate vehicle driveway parking and prevent vehicle encroachment onto any street, alley, trail or sidewalk. Detached garages with front street access and no alley access shall provide a minimum ten-foot setback between the property line and the garage.

(9)

Maximum square footage of all accessory structures: One hundred ten percent (110%) of the square footage of the principal structure, provided that all setback requirements are met.

(10)

Maximum impervious lot coverage: fifty percent (50%).

(d)

Development Standards.

(1)

All development shall be designed so that for the given location, egress points, grading and other elements of the development, could not be reasonably altered to:

a.

Reduce disruption to the existing terrain, vegetation or other natural site features.

b.

Minimize adverse impacts on any existing or planned residential uses.

c.

Improve pedestrian or vehicle safety within the site and exiting from it.

d.

Reduce the visual intrusion of parking areas, screened storage areas and similar accessory uses and structures.

(2)

The development shall be subject to the design standards for building form and siting set forth in Section 16-3-60.

(3)

All improvements including buildings, walls and fences shall be so sited to:

a.

Complement existing development in scale and location.

b.

Provide sidewalks as specified in the subdivision standards or an off-road system of pedestrian and bicycle trails of greater than five (5) feet in width.

c.

Create pocket parks or green spaces that at a minimum provide seating and landscaping.

(Ord. 667 §1, 2011; Ord. 726 §2, 2015; Ord. 730 §5, 2016; Ord. 744, 5-16-2017)

Sec. 16-2-90. - Neighborhood Residential Mixed Use (NR-MU) District.

(a)

Characteristics and Objectives. The Neighborhood Residential Mixed Use (NR-MU) District accommodates a mix of residential and low intensity commercial uses located in proximity to the Central Business District within the Stable Urban area designated in the Comprehensive Plan. The NR-MU District respects the historic character of the core area and allows residential and small business uses to co-exist. Mixed residential land uses are also encouraged in newly developed areas.

(b)

Use Regulations.

(1)

Permitted Principal Uses.

a.

Single-family dwelling units/structures, two-family dwellings and multi-family dwellings.

b.

Any of the following uses provided that the gross floor area of a building or structure does not exceed two thousand five hundred (2,500) square feet:

1.

Professional offices that are not high traffic generators, including but not limited to medical, architecture, real estate, financial services, legal and engineering services.

2.

Small eating and drinking establishments with no drive-through service.

3.

Small businesses that provide services or limited and specialty retail establishments and are predominantly on the ground floor.

4.

Personal services such as barber shops, beauty shops, business and office services, and travel and ticket agencies.

5.

Any of the above-listed commercial uses on the ground floor and a residential use on an upper floor.

c.

Public parks, neighborhood playgrounds, common areas and recreational facilities.

d.

Bed and breakfast establishments.

e.

Places of worship.

f.

Public offices, educational centers, child care centers and cultural complexes less than five thousand (5,000) square feet.

(2)

Permitted Accessory Uses and Accessory Structures.

a.

Home occupations.

b.

Parking for the principal use as specified in Section 16-3-100.

c.

Private garages.

d.

Accessory solar energy systems.

e.

No more than two (2) accessory structures on a single lot.

(3)

Conditional Review Uses.

a.

Public buildings, educational centers, child care centers and cultural complexes and related facilities over five thousand (5,000) square feet.

b.

An owner-occupied or nonprofit group home for the aged and homes for the developmentally disabled, handicapped and mentally ill as these terms are defined by C.R.S. § 31-23-303, if it serves as a permitted principal use and is for no more than eight (8) persons, is not located within seven hundred fifty (750) feet of another group home, and the owner or operator resides and maintains primary residency within the group home.

c.

Professional activities and convenience businesses only if the total area devoted to nonresidential uses is greater than two thousand five hundred (2,500) square feet and must retain the residential character of the neighborhood. All uses over two thousand five hundred (2,500) square feet must be accessible from an arterial or collector street and adequate parking must be accommodated on-site.

d.

Outdoor dining areas operated in conjunction with permitted eating and drinking establishments.

e.

Public utilities, if designed so as to be nonobtrusive and blend in with the surrounding area.

f.

Small solar energy systems mounted on a principal building.

g.

Cottage industries.

(c)

Dimensional Requirements.

(1)

Minimum lot area:

a.

Single-family: Seven thousand five hundred (7,500) square feet.

b.

Two-family: Seven thousand five hundred (7,500) square feet.

c.

Multi-family: Ten thousand (10,000) square feet.

(2)

Minimum lot width:

a.

Single-family and two-family: Fifty (50) feet.

b.

Multi-family: Seventy-five (75) feet.

(3)

Maximum density:

a.

Single-family: Six (6) dwelling units per acre.

b.

Two-family: Twelve (12) dwelling units per acre.

c.

Multi-family: Sixteen (16) dwelling units per acre.

(4)

Maximum impervious coverage: Eighty percent (80%).

(5)

Maximum building height: Principal structure, thirty (30) feet; accessory structures, sixteen (16) feet.

(6)

Setbacks:

a.

Front: Fifteen (15) feet.

b.

Side: Five (5) feet plus an additional five (5) feet for each additional story.

c.

Rear: Ten (10) feet.

(7)

Minimum distance between structures: Ten (10) feet.

(8)

Detached garages with alley access shall provide a minimum eighteen (18) foot setback between the property line and the garage door into the structure to accommodate vehicle driveway parking and prevent vehicle encroachment onto any street, alley, trail or sidewalk. Detached garages with front street access and no alley access shall provide a minimum ten (10) foot setback between the property line and the garage.

(9)

Maximum square footage of all accessory structures: one hundred ten percent (110%) of the square footage of the principal structure, provided that all setback requirements are met.

(d)

Development Standards.

(1)

Storage of materials accessory to any of the permitted uses provided all such storage is located within a structure.

(2)

All development shall be designed so that for the given location, egress points, grading and other elements of the development could not be reasonably altered to:

a.

Reduce the number of access points onto an arterial collector or local street.

b.

Minimize adverse impacts on any existing or planned residential uses.

c.

Improve pedestrian or vehicle safety within the site and exiting from it.

d.

Reduce the visual intrusion of parking areas, screened storage areas and similar accessory areas and structures.

(3)

Workshops for the assembly of materials are allowed so long as there is no outside storage and the use does not create noise, traffic, fumes or dust in excess of that of the existing neighborhood.

(4)

New developments shall respect the historic parcel size by ensuring that the width of any new structure is similar in size and scale.

(5)

A nonresidential or multifamily development shall minimize the view of on-site parking (for example, the parking should be in the rear or back side of the lot and access should be from the alley).

(6)

The size and shape of structures shall be consistent with the historic character of the area.

(7)

A nonresidential or multifamily development in the Neighborhood Residential Mixed Use District, including buildings, walls and fences shall be so sited to:

a.

Complement existing development in scale and location.

b.

Provide sidewalks as specified in the subdivision standards or an off-road system of pedestrian and bicycle trails of greater than five (5) feet in width.

c.

Create pocket parks or green spaces that are accessible to the public and, at a minimum, provide seating and landscaping.

(Ord. 667 §1, 2011; Ord. 720 §§1, 2, 2015; Ord. 726 §3(1), 2015; Ord. 730 §6, 2016; Ord. 744, 5-16-2017)

Sec. 16-2-100. - Central Business District (CBD).

(a)

Characteristics and Objectives. The purpose of the Central Business District (CBD) is to encourage the attraction and retention of small individually owned business and service establishments within the area designated as Stable Urban in the Comprehensive Plan and traditionally viewed as "Downtown Platteville." Desired attributes include a pedestrian orientation that promotes connectivity to adjacent uses. Mixed use development may include residential development, preferably above a ground floor retail use.

(1)

Provide convenient business and other services for area residents and visitors to Platteville;

(2)

Provide a broad mixture of uses within a compact pedestrian-oriented environment;

(3)

Facilitate small business development and vitality;

(4)

Provide a broad mixture of uses with consolidated access points as required by the CDOT access management permit process.

(5)

Build a clear identity for Downtown Platteville that is distinct from other parts of the community.

(b)

Use Regulations.

(1)

Permitted Principal Uses.

a.

Small businesses that provide services or limited and specialty retail establishment situated predominantly on the ground floor level.

b.

Personal services and servicing facilities with no outside storage visible from the property line.

c.

Entertainment establishments.

d.

Commercial establishments engaged in providing personal or financial services to the general public, including without limitation banks, dry cleaning establishments, laundromats, tailoring, shipping and receiving services that cater to walk-in customers, barber and beauty shops, garden shops, appliance stores and businesses that offer goods and services for sale.

e.

Eating and drinking establishments, including without limitation bakeries and delicatessens, cocktail lounges, taverns and bars, coffee shops, sandwich shops, restaurants, distilleries and brew pubs, and nightclubs (with or without live entertainment), all of which may provide off-site catering services.

f.

Recreation, cultural and educational facilities, public or private, within a structure or outside.

g.

Single-family dwellings, two-family dwellings and multi-family dwellings, and live/work residences, not exceeding sixteen (16) dwelling units per acre.

h.

Fabrication or assembly relating to retail sales without visible outside storage or noise greater than that associated with retail establishments, and not requiring pick up or delivery by semi-trucks.

i.

Child care centers.

j.

Transit facilities and structures such as park-n-ride lots, public parking lots and bus stops.

k.

Contractor offices.

l.

Public and quasi-public uses, institutions and services.

m.

Commercial accommodations limited to small inns and lodges with five (5) to twenty (20) rooms.

n.

Public or private open space and common areas.

o.

Medical offices and critical care clinics of less than twenty-five thousand (25,000) square feet.

(2)

Permitted accessory uses and structures:

a.

Storage of materials accessory to a principal permitted use, provided that all such storage is located within a structure or totally screened from view as seen from any street or adjacent property.

b.

Outdoor dining areas operated in conjunction with permitted eating and drinking establishments.

c.

Not more than two (2) accessory structures, including detached garages, if such structures are customarily incidental to any of the permitted principal uses and located on the same lot.

d.

Accessory solar energy systems.

e.

Small solar energy systems.

(3)

Conditional Review Uses.

a.

Public utilities if designed so as to be nonobtrusive and blend in with the surrounding area.

b.

Theaters and meeting facilities.

c.

Equipment storage and vehicle storage if screened from public view.

d.

Bed and breakfast establishments.

e.

Cottage industries.

(c)

Dimensional Requirements.

(1)

Minimum lot area: One thousand six hundred (1,600) square feet.

(2)

Minimum lot width: Fifteen (15) feet.

(3)

Maximum lot coverage: None.

(4)

Maximum building height: Principal building, thirty (30) feet or two (2) stories; accessory structures, sixteen (16) feet.

(5)

Setbacks:

a.

Front: None.

b.

Side: None if the side wall is a party wall; five (5) feet if the side wall is not a party wall.

c.

Rear, on lots without residential dwellings: None.

d.

Rear, on lots with residential dwellings: Ten (10) feet.

(6)

Detached garages with alley access shall provide a minimum eighteen-foot setback between the property line and the garage door into the structure to accommodate vehicle driveway parking and prevent vehicle encroachment onto any street, alley, trail or sidewalk. Detached garages with front street access and no alley access shall provide a minimum ten-foot setback between the property line and the garage.

(7)

Maximum square footage of all accessory structures: one hundred ten percent (110%) of the square footage of the principal structure, provided that all setback requirements are met.

(d)

Development Standards.

(1)

Parking, Vehicle Access and Loading Areas.

a.

In general, parking lots shall be located at the side or rear of any building, avoiding locating parking between a building's frontage and the street or open space except where the size of the use/building or the size of the parking lot makes this unfeasible.

b.

The Town Manager may waive off-street parking spaces required by Section 16-3-100 or Section 16-3-110 for any new or expanded commercial use if the Town Manager determines that:

1.

The size of the lot is too small to accommodate off-street parking; and

2.

There is adequate on-street or public parking available in close proximity to the proposed commercial use.

(2)

Service Areas, Trash Enclosures, Utility and Mechanical Equipment Locations.

a.

Storage and refuse containers shall be screened with impervious fencing or plantings and shall not front on to any street.

b.

Refuse storage and pickup areas shall be combined with other service and loading areas.

c.

Utility meters shall not be mounted on the front or street-facing facade of any building but shall be mounted on the side or rear facade, unless required by the utility provider.

(Ord. 667 §1, 2011; Ord. 720 §3, 2015; Ord. 726 §3(2), 2015; Ord. 730 §7, 2016; Ord. 744, 5-16-2017)

Sec. 16-2-110. - Community Commercial (CC) District.

(a)

Characteristics and Objectives. The Community Commercial (CC) District is located within Stable Urban and Developing Urban areas designated in the Comprehensive Plan. The CC District is intended to provide shopping goods and services including small-scale retail, professional offices and services, live/work development and medical offices, to encourage a mix of complementary commercial uses that share ingress and egress and clustered on-site parking, and that are linked by pedestrian walkways, corridors, and plazas. The CC Zone District is designed to accommodate larger convenience retail establishments such as grocery stores, pharmacies, franchise restaurants, and professional services, as well as small to mid-size shopping centers that provide a mixture of goods, services, and employment opportunities for residents of the area.

(b)

Use Regulations. Any of the following uses are permitted provided that the gross floor area of a single building or structure containing the use does not exceed one hundred thousand (100,000) square feet.

(1)

Permitted principal uses:

a.

A mixture of complementary retail and service facilities which encourage one-stop shopping.

b.

Offices including professional, financial, insurance, personal services, medical and other office uses deemed to be of similar impact by the Town Manager.

c.

Treatment and boarding of small animals within an enclosed structure.

d.

Studios for professional work or services.

e.

Pharmacies and critical care facilities including ambulance facilities.

f.

Eating and entertainment establishments with or without drive-through facilities.

g.

Public and quasi-public uses, institutions and services.

h.

Places of worship.

i.

Pawn shops.

j.

Auto service/repair and auto sales for any vehicle under twenty-six thousand (26,000) pounds, including fuel stations with convenience retail/fast food restaurants, auto detailing and carwash. All vehicles on site must be licensed and capable of being operated.

k.

Commercial uses and professional services deemed to be of similar impact by the Town Manager.

(2)

Permitted accessory uses:

a.

Storage of materials accessory to any of the uses listed in permitted uses for this district provided all such storage is located within a structure or totally screened from view as seen from any street or adjacent property.

b.

Any accessory buildings, structures or uses required in addition to and in conjunction with any permitted use in the district.

c.

Accessory solar energy systems.

d.

Small solar energy systems.

(3)

Conditional review uses:

a.

Outdoor dining areas operated in conjunction with permitted eating and drinking establishments.

b.

Any structure over one hundred thousand (100,000) square feet.

c.

Professional trade and contractor trade services with a commercial storefront and retail sales.

d.

Recreational facilities and clubs.

e.

Theaters, meeting rooms and convention centers.

f.

Hospitals.

g.

Indoor amusements.

h.

Child care facilities.

i.

Private schools.

(c)

Dimensional Requirements.

(1)

Minimum lot area: Ten thousand (10,000) square feet.

(2)

Minimum lot width: None.

(3)

Maximum impervious coverage: Eighty-five percent (85%).

(4)

Maximum building height: Thirty-five (35) feet.

(5)

Setbacks:

a.

Front: Twenty (20) feet.

b.

Side: Ten (10) feet.

c.

Rear: Twenty (20) feet.

(d)

Development Standards.

(1)

Entrances to buildings shall be designed to ensure smooth and safe pedestrian circulation and ease of snow removal.

(2)

Loading and unloading facilities shall be located in the rear of buildings and shall be screened from view from any street or adjacent property.

(3)

Buildings will be designed so as to minimize snow-shedding and runoff onto pedestrian areas and public ways.

(4)

Within the CC district, driveways crossing sidewalks on arterial streets may serve parking and loading only, and may serve any drive-in, drive-through or auto service facility upon approval of the Town Engineer.

(5)

All activities within the CC district shall be wholly contained within buildings, except for access, parking, loading, storage and refuse containers if screened from view through the use of impervious fencing or plantings.

(6)

New development shall minimize unused or unusable public or private areas in the side or rear yards. All unused land on a lot shall be landscaped or hardscaped to prevent weeds and to ensure that the property appears well-maintained.

(7)

All development shall be designed so that for the given location, egress points, grading and other elements of the development could not be reasonably altered to:

a.

Reduce the number of access points onto an arterial or collector street.

b.

Minimize adverse impacts on any existing or planned residential uses.

c.

Improve pedestrian or vehicle safety within the site and exiting from it.

d.

Reduce the visual intrusion of parking areas, screened storage areas and similar accessory areas and structures.

e.

Reduce the number of removed trees measuring four (4) inches in diameter and taller than five (5) feet above ground level.

(Ord. 667 §1, 2011; Ord. 720 §4, 2015; Ord. 730 §8, 2016; Ord. 744, 5-16-2017)

Sec. 16-2-120. - Regional Commercial (RC) District.

(a)

Characteristics and Objectives. The Regional Commercial (RC) District is intended to accommodate sales tax-generating retail centers in close proximity to regional arterials such as US 85 and Highway 60 within Stable Urban and Developing Urban areas designated in the Comprehensive Plan. This type of retail development generates a high number of vehicle trips and typically serves the residents of the area as well as the traveling public.

(b)

Use Regulations.

(1)

Permitted principal uses:

a.

Destination retail, shopping centers, shopping malls, including large specialty retail establishments that people will drive distances to shop such as membership warehouses and grocery stores.

b.

Retail establishments without outdoor storage, such as but not limited to clothing, hardware and building materials, furniture/home decor and equipment, liquor stores, grocery and convenience stores, plant and garden centers.

c.

Commercial accommodations and meeting facilities.

d.

Entertainment and cultural complexes including bowling, movie theatres, indoor amusements, public or private studios, arts and related cultural facilities.

e.

Automobile service stations.

f.

Commercial establishments engaged in providing personal services, including but not limited to pharmacies, dry cleaning, laundromats, print shops, tailoring, customer-based shipping and receiving services, barber and beauty shops, pet stores and other businesses that offer services for sale.

g.

Offices including professional, financial, insurance, personal services, medical and studios for professional work or services and other office uses if located above sales tax-generating establishments.

h.

Eating and drinking establishments, including but not limited to restaurants with or without alcohol service, bars, entertainment establishments, delicatessens, bakeries and confectioners with or without seating, all of which may provide off-site catering services.

i.

Convenience services including restaurants with or without a drive-through.

j.

Recreational clubs and spas, or wellness facilities.

k.

Commercial uses and professional services deemed to be of similar impact.

l.

Parks and common areas.

m.

Area-wide transportation facilities.

n.

Auto service/repair and auto sales.

(2)

Permitted accessory uses: Uses that are customarily incidental to any of the permitted principal uses and are located on the same lot, including without limitation:

a.

Accessory solar energy systems.

b.

Small solar energy systems.

(3)

Conditional review uses: Outdoor recreation and amusements may be permitted if they are designed to be consistent with the desired character of the area, do not adversely affect other uses in the area and do not pose a threat to public safety.

(c)

Dimensional Requirements.

(1)

Minimum lot area: Forty thousand (40,000) square feet.

(2)

Minimum lot width and depth: One hundred fifty (150) feet deep; one hundred fifty (150) feet wide.

(3)

Maximum impervious coverage: Eighty percent (80%).

(4)

Maximum height: Fifty (50) feet.

(5)

Setbacks:

a.

Front yard setback: Twenty (20) feet.

b.

Side yard setback: Twenty (20) feet.

c.

Rear yard setback: Twenty-five (25) feet.

(d)

Development Standards.

(1)

All development shall be designed so that for the given location, egress points, grading and other elements of the development could not be reasonably altered to:

a.

Reduce the number of access points onto an arterial or collector street.

b.

Minimize adverse impacts on any existing or planned residential uses.

c.

Improve pedestrian or vehicle safety within the site and egressing from it.

(2)

All development including buildings, walls, and fences shall be so sited to:

a.

Complement existing development within two hundred (200) feet of the site in scale and location.

b.

Provide sidewalks or an off-road system of pedestrian and bicycle trails of greater than five (5) feet in width.

c.

Create pocket parks or green spaces that are accessible to the public and at a minimum provide seating and landscaping.

d.

Development shall minimize unused or unusable public or private areas in the side or rear yards.

e.

Parking and loading areas for commercial and office uses must be paved and shall be screened from view if adjacent to any existing or planned residential parcels.

(Ord. 667 §1, 2011; Ord. 730 §9, 2016; Ord. 744, 5-16-2017)

Sec. 16-2-130. - Light Industrial (LI) District.

(a)

Characteristics and Objectives. The Light Industrial (LI) District is intended to accommodate light industrial development within a Developing Urban or Stable Urban area designated in the Comprehensive Plan, and to protect and preserve prime industrial lands for high quality manufacturing, assembly, research and development, as well as industries that benefit from rail service. The LI District is appropriate for land parcels that have direct access to major transportation thoroughfares, specifically easy access to U.S. 85 and in close proximity to rail service.

(b)

Use Regulations.

(1)

Permitted Uses. The following principal uses are allowed in the LI district, provided that outside storage and activity areas, other than employee and visitor parking or loading areas, do not exceed fifty percent (50%) of the lot area and such uses are screened from view.

a.

Uses primarily engaged in research and development activities including research laboratories and facilities, development laboratories and facilities, and compatible light manufacturing facilities such as but not limited to the following: bio-chemical, chemical, genetics, environmental and natural resources, electronics, pharmaceutical and sound imaging.

b.

Office uses aimed at providing areas for intensive employment, including but not limited to professional, financial, insurance, personal services and research and development facilities.

c.

Uses primarily engaged in manufacturing, assembly, testing and repair of components, devices, equipment and parts. Examples include communication, transmissions and reception equipment; computer hardware and software development; telecommunication devices and educational or training facilities.

d.

Any production, fabrication or assembly activities, including oil and gas services and repair facilities provided that the proposed use can demonstrate that it will not create traffic hazards, noise, dust, noxious fumes, odors, smoke, vapor, vibration or industrial waste disposal problems, and if the use is screened from view through the use of dense plantings and impervious fencing so that it is screened from view from any street except a local street and provided the appearance minimizes undesirable impacts on surrounding uses.

e.

Repair, professional trade and construction contractor services.

f.

Warehousing and distribution facilities provided that such activities shall be conducted wholly within a completely enclosed lot or building and shall not occupy more than fifty percent (50%) of the area of any lot.

g.

Distribution centers and warehouse uses with less than fifty thousand (50,000) square feet of building area.

h.

Commercial laundries and dry cleaning.

i.

Printing or publishing facilities.

j.

Vocational training centers, schools.

k.

Retail sale of products produced on-site.

l.

Self-storage facilities.

m.

Automobile sales, service, repair stations, including RV sales, service and storage.

n.

Railroads spur lines where such lines are used only for delivery or loading of freight to industries or businesses in occupancy of the LI district but not including mainlines.

(2)

Permitted Accessory Uses. Uses that are customarily incidental to any of the permitted principal uses and are located on the same lot including, by example:

a.

Employee recreational facilities, dining facilities, and personal and professional services as an accessory use incidental to the primary use of the parcel.

b.

Associated uses to include by way of example: medical offices, pharmacies, child care centers, public or private spaces and community facilities.

c.

Parking as specified in Section 16-3-100.

d.

One (1) caretaker residence per business or lot.

e.

Accessory solar energy systems.

f.

Small solar energy systems.

(3)

Conditional Review Uses.

a.

Any of the permitted uses requiring an outside storage or activity area that is equal to or greater than fifty percent (50%) of the lot area, may be permitted if such outside uses will not have an adverse impact on existing uses in the area, including but not limited to safety, noise, odor, light or visual impacts.

b.

Convenience businesses.

c.

Trucking terminals.

d.

A storage or warehouse facility for materials or equipment such as explosives or any materials that are classified as toxic or hazardous under state and federal law, may be permitted if such a use demonstrates continuing compliance with state and federal requirements and will not have an adverse impact on existing uses in the area, including but not limited to safety, noise, odor, light or visual impacts.

e.

A pawnshop may be permitted if it is not established, operated or maintained within one thousand (1,000) feet of any commercial zoning district.

f.

Congregate living facilities that is attached to the main office or part of a permanent structure.

(c)

Dimensional Requirements.

(1)

Minimum lot area: Twenty thousand (20,000) square feet.

(2)

Minimum lot dimensions: None.

(3)

Maximum impervious coverage: Ninety percent (90%).

(4)

Maximum height.

a.

Buildings: Fifty (50) feet.

b.

Storage structures: Seventy-five (75) feet.

(5)

Setbacks:

a.

Front yard setback: Ten (10) feet.

b.

Side yard setback: Ten (10) feet.

c.

Rear yard setback: Ten (10) feet.

(d)

Development Standards.

(1)

All development shall be designed so that for the given location, egress points, grading and other elements of the development satisfy the requirements set forth below to the greatest extent practicable:

a.

Reduce disruption to the existing terrain, vegetation or other natural site features.

b.

Reduce the visual intrusion of parking areas, screened storage areas and similar accessory areas and structures.

c.

Reduce the number of removed trees measuring four (4) inches in diameter and taller than five (5) feet above ground level.

d.

Reduce the number of access points onto an arterial or collector street.

e.

Minimize adverse impacts on any existing or planned residential uses.

f.

Improve pedestrian or vehicle safety within the site and exiting from it.

g.

Reduce the visual intrusion of parking areas, screened storage areas and similar accessory areas and structures.

(2)

Parking and loading areas for commercial and office uses must be paved and screened from view of any adjacent residential properties or public parks or public trail systems.

(3)

Parking and loading areas for industrial uses involving heavy equipment or frequent delivery of semi-tractor trailers may be allowed to provide road base in lieu of paving only upon recommendation of the Public Works Director and approval by the Planning Commission.

(Ord. 667 §1, 2011; Ord. 710 § 3, 2014; Ord. 730 §10, 2016; Ord. 744, 5-16-2017)

Editor's note— Ord. No. 744, § 15, adopted May 16, 2017, amended the catchline of § 16-2-130 to read as herein set out. Said catchline formerly read "Business Park/Planned Industrial (BP-PI)."

Sec. 16-2-140. - Small Office/Warehouse (SO) District.

(a)

Characteristics and Objectives. The Small Office (SO) District is intended to accommodate small businesses and offices, contractor/trades, repair and equipment shops, and workshops within a Developing Urban or Stable Urban area designated in the Comprehensive Plan.

(b)

Use Regulations.

(1)

Permitted Principal Uses. Any of the following uses, provided that all outside storage is screened from view, landscaping and screening is provided along all streets, and access onto major arterials and streets are combined whenever possible.

a.

Repair, professional trade and contractor/trade services.

b.

Businesses engaged in providing health, grooming and kenneling services for animals, provided all activities other than kenneling are in a completely enclosed building.

c.

Businesses located in an enclosed building, which do research and development of products or processes but do not use materials in amounts which would be considered hazardous to the general health and welfare of area residents.

d.

Uses primarily engaged in selling goods or merchandise to the general public for personal, household or business use and rendering services incidental to the sale of such goods, including building materials and garden supplies.

e.

Auto repair/service, including auto body and paint shops only upon approval of the Fire District.

(2)

Permitted Accessory Uses.

a.

Storage of materials accessory to any of the uses listed in permitted uses for this district provided all such storage is located within a secured structure and storage is screened from view using impervious fencing and/or dense plantings as seen from any street except a local street or from any adjacent residential zone district.

b.

Any accessory buildings, structures or uses required in addition to and in conjunction with any permitted use in the district.

c.

Caretaker residence not to exceed one (1) residence per lot or lots under one (1) ownership or one (1) business whichever is most restrictive.

d.

Accessory solar energy systems.

e.

Small solar energy systems.

(3)

Conditional Review Uses.

a.

Outdoor dining areas operated in conjunction with permitted eating and drinking establishments.

b.

Theaters, meeting rooms and convention centers.

c.

Congregate living facilities.

(c)

Dimensional Requirements.

(1)

Minimum lot area: Two thousand (2,000) square feet.

(2)

Minimum lot width and depth: None.

(3)

Maximum impervious coverage: Eighty (80) percent.

(4)

Maximum height: Fifty (50) feet.

(5)

Setbacks:

a.

Front yard setback: Ten (10) feet.

b.

Side yard setback: Five (5) feet, except where adjoining or immediately across the street from a residential district, educational institution or park, there shall be a side yard setback of not less than ten (10) feet.

c.

Rear yard setback: Twelve (12) feet, except where adjoining or immediately across the street from a residential district, educational institution or park, there shall be a side yard setback of not less than twenty (20) feet.

(d)

Development Standards.

(1)

All development shall be designed so that for the given location, egress points, grading and other elements of the development could not be reasonably altered to:

a.

Minimize adverse impacts on any existing or planned residential uses.

b.

Improve pedestrian or vehicle safety within the site and exiting from it.

(2)

All development including buildings, walls and fences shall be so sited to:

a.

Complement existing development within one hundred (100) feet of the site in scale and location; and

b.

Provide sidewalks at least five (5) feet in width from any office use and parking area.

(3)

New development shall minimize unused or unusable public or private areas in the side or rear yards.

(4)

Parking and loading areas for commercial and office uses must be paved and screened from view of any adjacent residential properties, public parks or public trail systems.

(Ord. 667 §1, 2011; Ord. 730 §11, 2016; Ord. 744, 5-16-2017)

Sec. 16-2-150. - Public (P) District.

(a)

Characteristics and Objectives. The Public (P) District is intended to provide for property devoted to public and quasi-public buildings and facilities within an Environmental Constrained, Rural Protection, Developing Urban or Stable Urban area designated in the Comprehensive Plan.

(b)

Use Regulations.

(1)

Permitted Uses.

a.

Agriculture, horticulture and grazing activities.

b.

Public parks, recreational areas and open space.

c.

Cemetery.

d.

Charitable institutions, clubs and lodges.

e.

Facilities owned and operated by the Town.

f.

Recreational and cultural facilities under five thousand (5,000) square feet.

(2)

Permitted Accessory Uses.

a.

The retail sale of plants, trees or other farm or agricultural products grown, produced or made on the premises.

b.

Accessory solar energy systems.

(3)

Conditional Review Uses.

a.

Any use within public parks, recreation areas and open spaces which involves assembly of more than two hundred (200) persons together in one (1) building or group of buildings, or in one (1) recreational area or other public recreational facility.

b.

Public and private schools, colleges and places of worship.

c.

Facilities owned and operated by government organizations other than the Town.

d.

Recreational and cultural facilities over five thousand (5,000) square feet.

e.

Small solar energy systems mounted on a principal building.

f.

Recycling and refuse collection facilities.

(c)

Dimensional Requirements.

(1)

Minimum lot area: None.

(2)

Minimum width dimensions: None.

(3)

Maximum impervious coverage: Fifteen (15) percent or five thousand (5,000) square feet, the more restrictive shall apply.

(4)

Maximum building height: Twenty-seven (27) feet.

(5)

Setbacks:

a.

Front yard setback: Twenty (20) feet.

b.

Side yard setback: Twenty (20) feet.

c.

Rear yard setback: Twenty (20) feet.

(d)

Development Standards.

(1)

Structures shall be located, sited and designed to blend in with the existing natural environment and minimize disruption to existing terrain, vegetation, drainage patterns, natural slopes and any other distinctive natural features.

(2)

Accessory uses that are customarily incidental to the permitted principal uses shall represent less than thirty-five percent (35%) of the ground floor area on the lot.

(Ord. 667 §1, 2011; Ord. 730 §12, 2016; Ord. 744, 5-16-2017)

Editor's note— Ord. No. 744, § 17, adopted May 16, 2017, amended the catchline of § 16-2-150 to read as herein set out. Said catchline formerly read "Parks/Open Space District (P-OS)."

Sec. 16-2-160. - Planned Development (PD) District.

(a)

Characteristics and Objectives. Pursuant to the Planned Unit Development Act of 1972, C.R.S. § 24-67-101 et seq., the Planned Development (PD) District is created as an alternative to the conventional land use regulations contained within a standard zone district. The PD District is a distinct zone district that provides a means by which development standards and permitted land uses can be customized for a specific site. The PD District is intended to:

(1)

Provide flexibility in land use regulations by allowing for the consolidation of the platting and rezoning procedures;

(2)

Permit a developer to propose a total development plan which can be considered as to its overall merits under a unified procedure;

(3)

Encourage imaginative uses of open space, and special consideration of property with outstanding natural or topographical features;

(4)

Encourage a diversity of housing types while maintaining high quality living environments;

(5)

Provide a mix of retail, office, employment, civic and recreation uses conveniently located to housing;

(6)

Provide for more efficient use of land including the reduction of land area disturbed for utility lines and motor vehicle access; and

(7)

Facilitate use of the most appropriate design and construction techniques in the development of land.

(b)

Because the creation of a PD District involves a particular land area, development standards, dimensional requirements and permitted uses may be negotiated that are different from those set forth in this Chapter, and such different standards, dimensional requirements and uses, as negotiated, shall be allowed as set forth in the Planned Development Plan (PDP) and Final Development Plan (FDP).

(Ord. 667 §1, 2011; Ord. 744, 5-16-2017)

Sec. 16-2-170. - Flood Protection Overlay (FPO) District.

The purpose of the FPO District is to implement the requirements of Chapter 14, Flood Damage Prevention Regulations. In general, the boundaries of the FPO District are consistent with the Environmental Constrained planning area designated in the Town's Comprehensive Plan. The FPO District shall also apply to special flood hazard areas and areas removed from the floodplain by the issuance of a FEMA letter of map revision based on fill (LOMR-F) within the jurisdiction of the Town.

(Ord. 744, 5-16-2017)

Sec. 16-2-180. - Developing Urban Area Overlay (DUO) District.

(a)

The purpose of the Developing Urban Area Overlay (DUO) District is to provide for the transition of existing unincorporated development to a compatible incorporated municipal land use category. In general, the boundaries of the DUO District are consistent with the Developing Urban planning area designated in the Comprehensive Plan.

(b)

The DUO District shall be applied specifically upon annexation to the Town of one (1) or more parcels zoned Agricultural/Holding (A-H). Parcels zoned A-H upon annexation within the DUO District may retain or redevelop their existing use, subdivide into one (1) or more additional lots, and develop new uses on subdivided lots.

(c)

A-H zone district dimensional requirements and development standards are waived for properties within the DUO District, subject to: submittal of a site plan; and submittal of a subdivision plat in accordance with Chapter 17 for any unsubdivided parcels or parcels proposed for resubdivision.

(Ord. 744, 5-16-2017)