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Wheat Ridge City Zoning Code

ARTICLE II.

ZONE DISTRICT REGULATIONS

Sec. 26-201.- Zoning districts.

In order to regulate the location, height, bulk and size of buildings and other structures; the percentage of lot which may be occupied; the size of lots, courts and other open spaces; the density and distribution of population; the location and uses of land, building and structures for trade, industry, residence, recreation, public activities or other purposes, the City of Wheat Ridge is hereby divided into the following districts:

Residential-One District (R-1)

Residential-One A District (R-1A)

Residential-One B District (R-1B)

Residential-One C District (R-1C)

Residential-Two District (R-2)

Residential-Two A District (R-2A)

Residential-Three District (R-3)

Residential-Three A District (R-3A)

Agricultural-One District (A-1)

Agricultural-Two District (A-2)

Neighborhood Commercial District (NC)

Restricted Commercial District (RC)

Commercial-One District (C-1)

Commercial-Two District (C-2)

Mixed use commercial (MU-C) zone district

MU-C transit-oriented development sub-district (MU-C TOD)

MU-C interstate sub-district (MU-C Interstate)

Mixed use neighborhood (MU-N)

Mixed use Lutheran Legacy Campus (MU-LLC)

[Industrial-Employment District (I-E)]

Planned Development District (PD)

Streetscape Overlay District (SO)

Architectural Design Overlay District (ADO)

Conservation District

(Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1233, § 2, 11-26-01; Ord. No. 1814, § 6, 1-27-25)

Editor's note— Ord. No. 1523, adopted Oct. 8, 2012, changed the title of the Light Industrial District to "Industrial-Employment District (I-E)."

Sec. 26-202. - Establishment of districts; official zoning map.

The city is divided into zones or districts as shown on the official zoning map, which, together with all explanatory matter thereon, is adopted by this reference and declared to be a part of this chapter.

A.

Procedure for change: If, in accordance with the provisions of sections 26-112, 26-113 and article III hereof, changes are made in district boundaries or other matter portrayed on the official zoning map, such changes shall be entered on the official zoning map promptly after the amendment has been approved by city council.

B.

Location of official map: Regardless of the existence of purported copies of the official map which may from time to time be made or published; the official zoning map shall be located in the office of the city clerk and shall be the final authority as to current zoning status of all land and water areas in the City of Wheat Ridge.

C.

Retention of prior official zoning maps: Unless the prior official zoning map has been lost or has been totally destroyed, the prior map, or any sufficient parts thereof remaining, shall be preserved together with all available records pertaining to its adoption or amendment by the city clerk.

(Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1515, § 6, 7-9-12)

Sec. 26-203. - Reserved.

Editor's note— Ord. No. 1430, § 2, adopted February 23, 2009, repealed section 26-203, in its entirety, which pertained to rules for interpretation of district boundaries, and derived from Ord. No. 2001-1215, § 1, adopted February 26, 2001.

Sec. 26-204. - Zone district use schedule.

A.

The following schedule of permitted and special uses allowed within the various zone districts is hereby adopted and declared to be a part of this Code and may be amended in the same manner as any other part of this Code. In each zoning district, any uses not expressly permitted (P) or allowed as a special use (S), or as an accessory use (S) shall be deemed to be excluded. The director of community development shall render the final administrative decision concerning the scope, application and meaning of the terms in this section.

B.

The director of community development has authority to determine that a use not specifically listed as permitted, allowed as a special use or an accessory use should be so permitted or allowed on the basis of its being similar to a listed use, compatible in character and impact with other uses in the zone district, consistent with the intent of the district, and which would not be objectionable to nearby property by reason of odor, dust, fumes, gas, noise, radiation, heat, glare, vibration, traffic generation, parking needs, outdoor storage or use, or is not hazardous to the health and safety of surrounding areas through danger of fire or explosion. The director's decision may be appealed to the board of adjustment.

C.

Upon application or on its own initiative, the city council may by ordinance add to the uses listed for a zone district, conforming to the conditions set forth in the following special findings:

1.

Such use is appropriate to the general physical and environmental character of the district to which it is proposed to be added;

2.

Such use does not create any more hazard to or alteration of the natural environment than the minimum amount normally resulting from the other uses permitted in the district to which it is added;

3.

Such use does not create any more offensive noise, vibration, dust, heat, smoke, odor, glare, or other objectionable influences or more traffic hazards than the minimum amount normally resulting from the other uses permitted in the district to which it is proposed to be added; and

4.

Such use is compatible with the uses existing and permitted in the district to which it is proposed to be added at the time of adoption.

Table of Uses—Residential

UsesNotesR-1R-1AR-1BR-1CR-2R-2AR-3R-3A
Single detached dwelling P P P P P P P P
Duplex dwelling P P P P
Three-unit dwelling P P P
Four-unit dwelling P P P
Multi-unit dwelling P P
Bed and breakfast See § 26-608 S S S S S S S S
Church, parish house S S S S S S S S
Day care center, small or large If the property contains a vacant nonresidential primary structure S S S S S S S S
If the property is currently occupied by a nonresidential
use
P P P P P P P P
Electric transmission substation S S S S S S S S
Farmers' markets Not permitted as an accessory use on properties where the primary use is a single- or two-unit dwelling. Submittal to community development department required. See § 26-635 P P P P P P P P
Foster care home P P P P P P P P
Governmental and quasi-governmental buildings, fire stations and public utility buildings No outside storage P P P P P P P P
Governmental and quasi-governmental buildings, fire stations and public utility buildings Outside storage S S S S S S S S
Parking of automobiles of clients, patients or patrons of adjacent commercial or nonresidential uses Shall be allowed only on lots containing nonresidential or quasi-public uses, subject to § 26-501C.4 P P P P P P P P
Parking of automobiles of clients, patients or patrons of adjacent commercial uses Shall be allowed on lots adjacent to business only if the business owner also owns the adjacent lot S S S S S S S S
Parks Includes: Noncommercial playgrounds or other public recreation uses P P P P P P P P
Produce stands See § 26-636. Where located on a lot with a residential dwelling unit, must meet home occupation regulations per § 26-613 P P P P P P P P
Public or private golf courses, country clubs or clubs operated for the benefit of members only and not for gain Restaurants, lounges and bars permitted as accessory to a public or private golf course S S S S S S S S
Residential group homes for 8 or fewer persons, plus staff See § 26-612 P P P P P P P P
Residential group homes for 9 to 14 persons, plus staff See § 26-612 S S S S S S S S
Residential group homes for 15 or more persons, plus staff
Schools for industrial or business training, including vocational trade or professional schools and colleges and universities Conducted entirely within an enclosed building S S S S S S S S
Schools: Public (kindergarten through twelfth grade) Must complete site plan review process per § 26-111
Includes: Those accessory uses commonly accepted as necessary thereto when located on the same premises
P P P P P P P P
Schools: Private; (kindergarten through twelfth grade) Includes: Those accessory uses commonly accepted as necessary thereto when located on the same premises S S S S S S S S
Schools: Colleges and universities with outdoor campus Includes: Those accessory uses commonly accepted as necessary thereto when located on the same premises S S S S S S S S
Short-term rental See § 26-645 P P P P P P P P
Urban gardens See § 26-637 P P P P P P P P
Wind powered electric generators Not in excess of 35 feet S S S S S S S S

 

Accessory Uses For Residential Districts Notes
Accessory buildings See § 26-123; 605 (excludes keeping of swine); 606. Accessory buildings shall not be located on a vacant lot devoid of any primary or main building, except for urban garden uses, which may or may not have a primary or main building
Accessory dwelling unit (ADU) See § 26-646, allowed as an accessory use to a single detached dwelling
Ancillary uses operating within a church's primary structure e.g.: Day care centers, scout meetings
Bee keeping See § 26-603 and 607
Day care home, large See § 26-613; shall not be located adjacent to one another; in addition, the City may require a parking and traffic flow management plan prior to approval
Day care home, small See § 26-613
Electric vehicle charging station (EVCS)
Farmers' markets Not permitted as an accessory use on properties where the primary use is a single- or two-unit dwelling. See § 26-635
Home occupations, including produce stands See § 26-613 and § 26-636 for produce stands
Household pets, limited to no more than 3 dogs and 4 cats Plus their unweaned offspring
Large and small animals See §§ 26-605 and 26-606
Private swimming pools and tennis courts and other recreational facilities See § 26-603
Public and private communications towers, television or radio antennas For satellite earth receiving stations, see § 26-616 and § 26-617
Public utility lines and poles, irrigation channels, storm drainage and water supply facilities
Short-term rental See § 26-645
Urban gardens See § 26-637
Water towers or aboveground reservoirs Not in excess of 35 feet

 

Table of Uses—Agricultural and Public Facilities

UsesNotesA-1A-2PF
Animal daycare facility See § 26-644 S S
Bed-and-breakfast Subject to requirements set forth in § 26-608 S S
Cemeteries and crematories Not including funeral homes S S
Churches parish houses S S
Day care center, small or large S S P
If the property contains a vacant nonresidential primary structure P P P
Dog kennels, catteries, veterinary hospitals Provided that outside runs, play yards, pens, or training areas which are adjacent to residentially zoned or used property are no closer than 25 feet to a side or rear lot line S S
Electric transmission substations S S
Farmers' markets Submittal to community development department required. See § 26-635 P P P
Fish hatcheries P P
Foster care home P P
General farming and raising or keeping of stock, bee keeping, poultry or small animals such as rabbits or chinchillas PROHIBITED in A-1: The raising or keeping of swine
INCLUDED in A-2: The keeping of swine and/or potbellied pigs, Sus Scrofa Vittatus, except such animals shall not be fed garbage
P P
Governmental and quasi-governmental buildings, fire stations and public utility buildings No outside storage P P P
Governmental and quasi-governmental buildings, fire stations and public utility buildings Outside storage S S P
Greenhouses and landscape nurseries, including both wholesale and retail sales of related products See § 26-624 P P
Parks Includes noncommercial playgrounds or other public recreation uses P P P
Produce stands See § 26-636. Where located on a lot with a residential dwelling unit, must meet home occupation regulations per § 26-613 P P P
Public or private golf courses, country clubs or clubs operated for the benefit of members only and not for gain Not including a private club which provides service customarily carried on as a business S S
Race track, fair grounds, amusement resorts, heliports, radio towers and stations S S
Residential group homes for 8 or fewer persons, plus staff See § 26-612 P P
Residential group homes for 9 to 14 persons, plus staff See § 26-612 S S
Residential group homes for 15 or more persons, plus staff
Riding academies and public stables Provided that any structure housing animals which is adjacent to a residentially zoned or used property shall be no closer than 25 feet to a side or rear lot line P P
Schools for industrial or business training, including vocational trade or professional schools and colleges and universities Conducted entirely within an enclosed building S S S
Schools: Colleges and universities with outdoor campus Includes: Those uses commonly accepted as necessary thereto when located on the same premises S S S
Schools: Private (kindergarten through twelfth) Includes: Those accessory uses commonly accepted as necessary thereto when located on the same premises S S S
Schools: Public (kindergarten through twelfth grade) Must complete site plan review process per § 26-111
Includes: Those uses commonly accepted as necessary thereto when located on the same premises
P P P
Short-term rental See § 26-645 P P
Single detached dwelling P P
Urban gardens See § 26-637 P P P
Wind-powered electric generators not in excess of 35 feet. S S

 

Agricultural and Public Facilities Districts
Accessory Uses
Notes
Accessory dwelling unit (ADU) See § 26-646, allowed as an accessory use to a single detached dwelling
Day care home, large See § 26-613; shall not be located adjacent to one another; in addition, the City may require a parking and traffic flow management plan prior to approval
Day care home, small See § 26-613
Detached private garage or carport
Home occupations, including produce stands Meeting the definition and standards in § 26-613 and, for produce stands, § 26-636
Electric vehicle charging station (EVCS)
Farmers' markets See § 26-635
Household pets, limited to no more than 3 dogs and 4 cats Plus their unweaned offspring
Parking of equipment, implements, machinery and/or large trucks, trailers and semi-tractor trailers, when used in support of agricultural and public maintenance operations
Private storage sheds, barns, animal shelters or outbuildings
Private swimming pools and tennis courts See § 26-603 for related requirements
Public utility lines and poles, irrigation channels, storm drainage and water supply facilities Includes other similar facilities such as electric transmission lines and poles
Public and private communications towers, television or radio antennas Includes other similar communications receiving or sending devices. None may exceed 35 feet in height, whether ground or structurally mounted. For satellite earth receiving stations, see § 26-616 and 26-617
Short-term rental See § 26-645
Urban gardens See § 26-637
Water towers or above ground reservoirs Not in excess of 35 feet

 

Table of Uses—Commercial and Industrial Districts

Uses Notes NC RC C-1 C-2 I-E
Adult entertainment establishments In accordance with Wheat Ridge Code of Laws, Chapter 3 P P P
Ambulance services P P P P
Amusement parks S P P
Animal daycare facility See § 26-644 S S
Antique stores In NC & RC Districts: Provided that no more than 200 square feet of building area shall be allocated to repair S P P P P
Apparel and accessory stores See Footnote 1 S P P P P
Appliance stores and incidental service and repair P P P
Art galleries or studios See Footnote 1 P P P P P
Assembly halls and convention facilities P P P
Auction houses S P P
Auto service, repair and maintenance shops, minor See § 26-631 P P P
Auto service, repair and maintenance shops, major See § 26-631 S P P
Automobile and light-duty truck sales and rental See § 26-628 S S S
Automotive parts and supplies sales P P P
Bail bonds businesses See Footnote 2. See § 26-634 for distance requirements P P
Bakeries, retail See Footnote 1 S P P P P
Banks, loan and finance offices See § 26-633 P P P P P
Bed and breakfast homes Subject to requirements set forth in § 26-608 P P P P P
Bicycle stores See Footnote 1 S P P P P
Blueprinting, photostatic copying and other similar reproduction services EXCLUDING: Large printing, publishing and/or book binding establishments S P P P P
See Footnote 1
Boat, recreational vehicle and trailer sales, rentals and service See § 26-628 S S S
Body art establishments S S S P
Book stores, stationery and card stores See Footnote 1 S P P P P
Building or landscape contractor's service shop and storage yard incidental to an office/showroom principal use. See § 26-629 S P P
Business machine or computer stores See Footnote 1 S P P P P
Butcher shops and food lockers EXCLUDING: Food processing P P P
Cabinet and woodworking shops S
Camera and photographic service and supply stores See Footnote 1 S P P P P
Candy, nut and confectionery stores See Footnote 1 S P P P P
Caretaker residence Only one (1) unit for caretaker or manager P P P P
Carpet cleaning and
fumigating
S
Car wash, automatic S P P
Car wash, coin operated S P P
Caterers P P P
Clinics and offices for the counseling and treatment of psychological, social, marital, developmental or similar conditions, excluding substance abuse clinics C-1, C-2 & I INCLUDE: Residential facilities.
NC & RC EXCLUDES: Residential facilities
P P P P P
Cold storage plant P P
Commercial machine shops S P P
Community buildings e.g.: YMCA's, YWCA's, churches, libraries, parks, museums, aquariums and art galleries P P P P P
Congregate care and nursing homes S S P P P
Construction and heavy equipment sales, service, rental and storage See § 26-629 P P
Contractor's plant (including but not limited to concrete plant, asphalt plant, brick plant, or lumber mill) S
Contractor's storage yard (outdoor storage yard with no main building) See § 26-629 P
Dairy products stores See Footnote 1 S P P P P
Day care center, small or large P P P P P
Department or variety stores P P P
Drug stores P P P
Eating establishments, drive through S S S S S
Eating establishments, sit down S P P P P
Electric transmission and public utility substations S S S S S
Electrically charged fence S S S
Electric vehicle charging station (EVCS), retail Site design standards for motor fueling stations shall apply, including required landscaped buffers and screening P P P P P
Energy production, renewable S
Equipment rental
agencies
Subject to § 26-628; in RC District: Outside storage and display prohibited P P P P
Extended stay lodging See ch. 11 art XVI S S
Exterminators P P P P
Farm equipment sales, service and storage See § 26-628 and § 26-631 P P
Farmers' markets Submittal to community development department required. See § 26-635 P P P P P
Floral shops See Footnote 1 S P P P P
Freestanding emergency room facilities
Furniture stores P P P
Garden supply stores See Footnote 1 S P P P P
Gift, novelty or souvenir stores See Footnote 1 S P P P P
Golf courses Includes: Private clubs, restaurants and lounges, driving ranges, and those uses commonly accepted as accessory thereto when located on the same premises P P P
Governmental and quasi-governmental buildings and offices, fire stations or public utility buildings No outside storage P P P P P
Governmental and quasi-governmental buildings and offices, fire stations or public utility buildings Outside storage S S S P P
Greenhouses and landscape nurseries, retail See § 26-624 S S P P P
Greenhouses and landscape nurseries, wholesale See § 26-624 S P P
Grocery or convenience stores, no gas pumps See Footnote 1 P P P P P
Grocery stores which may include no more than 1 gasoline service island with no more than 2 dispensing pumps See Footnote 1 S S S P P
Hair, nail and cosmetic services P P P P P
Hardware stores See Footnote 1 S P P P P
Healing centers May not be located within 1,000 feet of a childcare center, preschool, elementary, middle, junior or high school or a residential childcare facility P P P P P
Hobby and craft stores See Footnote 1 S P P P P
Home furnishing stores P P P
Home improvements
supply stores
P P P
Hotels or motels for
transient occupancy.
There shall be 1,000 square feet of gross lot area for each unit S S S
Ice plants P P
Indoor amusement and recreational enterprises e.g.: Roller rinks, bowling alleys, arcades and similar uses P P P
Indoor flea markets PROHIBITED: Outdoor flea markets P P P
Interior decorating shops S P P P P
Itinerant sales See § 26-630 S S S
Jewelry stores See Footnote 1 S P P P P
Kennels See § 26-644 S
Laundry and dry cleaning shops S S P P P
Laundry and dry cleaning pick up stations P P P P P
Leather goods and luggage stores P P P
Linen supply P P P
Liquor stores P P P
Locksmith shops P P P P P
Lumber yards and building supply stores Unenclosed storage of any materials shall be screened from view from adjacent properties and streets - See § 26-629 P P P
Manufacture of vaccines, serums and toxins Provided: Approval of such manufacture is received from the state department of health and the county health department S
Manufacturing, processing, assembly, or light industrial operations See § 26-631 and § 26-123, definitions P P
Manufacturing, heavy S
Massage business See chapter 11, article X, Code of Laws for additional restrictions P P P P P
Meat, poultry or seafood stores See Footnote 1 S P P P P
Medical and dental offices, clinics or laboratories, excluding substance abuse clinics Pharmacies and optical stores are accessory use P P P P P
Medical marijuana centers Sups not transferable without city approval. See § 26-114.G.2. S P
Medical marijuana testing facility P P
Medical marijuana-infused products manufacturers P
Medical marijuana - Optional premises cultivation operation associated with medical marijuana centers 5,000 combined total square feet maximum; see § 11-305(e) S P
Medical marijuana - Optional premises cultivation operation associated with medical marijuana infused products manufacturers 5,000 combined total square feet maximum; see § 11-305(e) P
Microbrewery, microdistillery, or microwinery; with a tap room S S P P P
Microbrewery, microdistillery, or microwinery; without a tap room P
Mobile or modular homes or building sales See § 26-628 S S
Mortuaries and crematories S S S
Motor fueling stations S P P
Motorcycle sales and service See § 26-628 P P P
Music stores See Footnote 1 S P P P P
Newsstands For the sale of newspapers, magazines, etc. P P P P P
Office supply stores See Footnote 1 S P P P P
Offices: General administrative, business and professional offices P P P P P
Optical stores See Footnote 1 S P P P P
Outdoor amusement
facilities
S P P
Paint and wallpaper stores See Footnote 1 P P P P
Parking of automobiles of clients, patients or patrons of adjacent commercial or nonresidential uses Subject to § 26-501C.4 P P P P P
Parking of not more than 3 commercial truck-tractors and/or semi-trailers See § 26-619; § 26-123, definitions S S S
When in conformance with the parking design standards set forth in § 26-501
It is not intended that such parking limitations shall apply to pickup and delivery trucks normally associated with business operations
Pawn shops S
Pet stores See Footnote 1 S P P P P
Pharmacies S P P P P
Picture framing shops See Footnote 1 S P P P P
Printing, engraving and other related production processes P
Private clubs, social clubs, bingo parlors and similar uses P P P
Produce stands See § 26-636 P P P P P
Psychic advisors and similar uses S S S P
Recycling center or recycling collection station S S S
Recycling plant S
Research laboratories, offices and other facilities for research P P
Residential group homes for 8 or fewer persons, plus staff See § 26-612 P P P
Residential group homes for 9 or more persons, plus staff See § 26-612 S S S
Residential uses in existence on 3/11/97 Such residential uses may be extended, enlarged, and/or reconstructed so long as no additional dwelling units are created P P P P P
Residential uses in
commercial zones
See § 26-626 P P P P P
Retail marijuana cultivation facility associated with retail marijuana centers 5,000 combined total square feet maximum; see § 11-416(f) S P
Retail marijuana cultivation facility associated with retail marijuana product manufacturers 5,000 combined total square feet maximum; see § 11-416(f) P
Retail marijuana products manufacturers P
Retail marijuana stores Sups not transferable without city approval. See § 26-114.G.2. S P
Retail marijuana testing facility P P
Rooming and boardinghouses S S P P P
RV, boat, trailer and travel trailer storage See § 26-628 P P
Sales, repair, rental and servicing of any commodity that the manufacture, fabrication, processing or sale of which is permitted in the district P P
Schools for industrial or business training, including vocational trade or professional schools and colleges and universities Conducted entirely within an enclosed building P P P
Schools: Public (kindergarten through twelfth grade) Must complete site plan review process per § 26-111
Includes: Those uses commonly accepted as necessary thereto when located on the same premises
P P P P P
Schools: Private (kindergarten through twelfth grade) Includes: Those uses commonly accepted as necessary thereto when located on the same premises S S S P P
Schools: Colleges and universities with outdoor campus Includes: Those uses commonly accepted as necessary thereto when located on the same premises S S S P P
Self-storage facilities See § 26-641 P
Shoe repair shops P P P P P
Shoe stores See Footnote 1 S P P P P
Shops for custom work or for making articles, materials or commodities to be sold at retail on the premises See § 26-631; § 26-632 P P
Short-term rental See § 26-645 P P P P
Social club In accordance with Wheat Ridge Code of Laws, Chapter 11, Article XI P P P
Sporting goods stores See Footnote 1 S P P P P
Stone cutting or polishing works P P
Studio for professional work or teaching of fine arts, photography, music, drama or dance P P P P P
Substance abuse clinics S S P
Tailor, dressmaking or clothing alteration shops P P P P P
Taverns, night clubs, lounges, private clubs and bars P P P
Television, radio, small appliance repair and service shops See Footnote 1 S P P P P
Temporary Christmas tree, produce and bedding plant sales lots See § 26-627 P P P P
Theatres, indoor P P P
Tobacco stores See Footnote 1 S P P P P
Tow service with temporary storage yard Temporary storage means the storage of vehicles that have been towed, carried, or hauled for impoundment and shall not include the permanent storage of operable or inoperative automobiles, the storage of automobile parts, or the repair or recycling of automobiles S
Toy stores See Footnote 1 S P P P P
Transit station, public or private S S S
Upholstery shops P P P
Urban gardens See § 26-637 P P P P P
Veterinary hospital With outside runs, play yards, pens, or training areas; no cremation P P
Where there are no outside runs, play yards, pens, or training areas; no cremation S P P P P
Veterinary hospital (small animal, enclosed) Where there are no outside pens, runs, play yards, or training areas; no cremation S P P P P
Video rentals See Footnote 1 S P P P P
Warehousing and outside storage See § 26-631 P P
Warehouse/office and flex space S P P
Watch and jewelry repair shops P P P P P
Wholesale S P P
Woodworking or carpentry shops for the making of articles for sale upon the premises, such as cabinets or custom furniture See § 26-632 S P P

 

Footnotes:

1. The amount of building space devoted to retail use is limited to 5,000 square feet in NC and RC Districts.

2. In addition to being allowed as a Permitted Principal Use in the C-2 and I-E zone districts, bail bonds businesses may be permitted in Planned Industrial Development districts if approved as part of an Outline Development Plan (ODP) and in conformance with the requirements of Code section 26-634.

Commercial and Industrial District Accessory UsesNotes
Accessory buildings and structures See § 26-625
Electric transmission or other public utility lines and poles, irrigation channels, storm drainage and water supply facilities
Electric vehicle charging station (EVCS)
Farmers' markets See § 26-635
Food services Primarily for the occupants of a building containing a permitted use when located within the same building
Outside storage or display See § 26-631
Photovoltaic (PV) panels and wind turbines
Produce stands See § 26-636
Residential uses in commercial zones See § 26-626
Short-term rental See § 26-645
Urban gardens See § 26-637

 

Key:

P = Permitted Principal Uses

S = Special Uses

(Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1273, § 2, 1-13-03; Ord. No. 1274, § 2, 1-13-03; Ord. No. 1288, §§ 1, 2, 5-12-03; Ord. No. 1301, §§ 2—4, 7-28-03; Ord. No. 1302, §§ 4—6, 7-28-03; Ord. No. 1313, § 10, 10-27-03; Ord. No. 1322, § 1, 5-10-04; Ord. No. 1348, § 1, 7-11-05; Ord. No. 1370, § 1, 8-28-06; Ord. No. 1375, §§ 1, 2, 10-24-06; Ord. No. 1387, § 2, 6-11-07; Ord. No. 1413, §§ 2, 3, 6-9-08; Ord. No. 1468, § 1, 8-9-10; Ord. No. 1479, § 4, 3-14-11; Ord. No. 1491, § 3, 5-23-11; Ord. No. 1504, § 4, 10-24-11; Ord. No. 1523, § 4, 10-8-12; Ord. No. 1524, § 3, 10-8-12; Ord. No. 1543, § 4, 10-14-13; Ord. No. 1550, § 4, 6-23-14; Ord. No. 1552, § 4, 7-14-14; Ord. No. 1563, § 9, 1-26-15; Ord. No. 1598, § 8, 6-27-16; Ord. No. 1607, § 3, 9-12-16; Ord. No. 1617, § 2, 4-10-17; Ord. No. 1646, § 3, 8-13-18; Ord. No. 1648, § 3, 6-25-18; Ord. No. 1670, § 2, 6-24-19; Ord. No. 1684, §§ 4—7, 2-10-20; Ord. No. 1696, § 7, 8-24-20; Ord. No. 1709, §§ 5—7, 2-22-21; Ord. No. 1723, § 2, 10-25-21; Ord. No. 1744, §§ 4, 5, 25(Exh. 1), 7-11-22; Ord. No. 1768, §§ 2—4, 6-28-23; Ord. No. 1789, §§ 3—5, 2-26-24; Ord. No. 1812, § 2, 1-13-25; Ord. No. 1823, §§ 2, 3, 5-12-25)

Sec. 26-205. - Residential-One District (R-1).

A.

Intent and purpose: This district is established to provide high quality, safe, quiet and stable low-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the low-density residential character.

B.

Development standards:

Maximum Height (f) Maximum Building Coverage Minimum Lot Area Minimum Lot Width Minimum Front Yard Setback (a) Minimum Side Yard Setback (b) Minimum Rear Yard Setback (b)
Principal Buildings Single detached dwelling 35' 25% 12,500 sf 100' 30' (c) 15' 15'
Group home 35' 25% 12,500 sf 100' 30' (c) 15' 15'
Churches, schools, government and quasi-government buildings, golf courses, small day care center, and nursing, elderly and congregate care homes 35' 25% 1 acre 200' 30' (c) 15' (e) 20'
Accessory Buildings (d) Major 15' 1,000 sf N/A N/A 30' (c) 15' 15'
Minor 10' 200 sf N/A N/A 30' (c) 5' 5'
Accessory dwelling unit, detached 25' Floor area limited to 50% of principal, or 1,000 sf, whichever is less (g) N/A N/A 30' (c) 15' 15'
All Other Uses 35' 25% 12,500 sf 100' 30' (c) 5' (e) 15'

 

Notes:

(a) Front setback reductions may be allowed in accordance with section 26-611.

(b) Any side or rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures, with the following exception: For corner lots that are sixty (60) feet or narrower in width, this requirement shall be reduced by half.

(c) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See figure 26-123.3 at the end of section 26-123)

(d) See section 26-625 for additional regulations pertaining to accessory buildings.

(e) Fifteen-foot setback for the first story and five (5) feet for each additional story.

(f) Bulk plane regulations shall apply in accordance with section 26-642, and may, when applied to a specific project, have the effect of reducing the maximum height permitted.

(g) See section 26-646 B.3 for additional regulations and exceptions pertaining to the size and footprint of ADUs.

(Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1313, § 1, 10-27-03; Ord. No. 1448, § 2, 8-24-09; Ord. No. 1575, § 1, 7-13-15; Ord. No. 1675, § 1, 10-28-19; Ord. No. 1744, §§ 6, 25(Exh. 1), 7-11-22; Ord. No. 1746, § 1, 8-22-22; Ord. No. 1822, § 1, 5-12-25)

Sec. 26-206. - Residential-One A District (R-1A).

A.

Intent and purpose: This district is established to provide high quality, safe, quiet and stable low-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the low-density residential character.

B.

Development standards:

Maximum Height (f) Maximum Building Coverage Minimum Lot Area Minimum Lot Width Minimum Front Yard Setback (a) Minimum Side Yard Setback (b) Minimum Rear Yard Setback (b)
Principal Buildings Single detached dwelling 35' 30% 9,000 sf 75' 25' (c) 10' 15'
Group home 35' 30% 9,000 sf 75' 25' (c) 10' 15'
Churches, schools, government and quasi-government buildings, golf courses, small day care center, and nursing, elderly and congregate care homes 35' 30% 1 acre 200' 25' (c) 15' (e) 20'
Accessory Buildings (d) Major 15' 1,000 sf N/A N/A 25' (c) 5' if ≤10' in height, 10' if >10' in height 5' if ≤10' in height; 10' if > 10' in height
Minor 10' 400 sf N/A N/A 25' (c) 5' 5'
Accessory dwelling unit, detached 25' Floor area limited to 50% of principal, or 1,000 sf, whichever is less (g) N/A N/A 25' (c) 5' if ≤ 10' in height, 10' if > 10' in height 5' if ≤ 10' in height, 10' if > 10' in height
All Other Uses 35' 30% 9,000 sf 75' 25' (c) 10' 15'

 

Notes:

(a) Front setback reductions may be allowed in accordance with section 26-611.

(b) Any side or rear yard which abuts a public street shall have a minimum setback of twenty-five (25) feet for all structures, with the following exception: For corner lots that are sixty (60) feet or narrower in width, this requirement shall be reduced by half.

(c) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See figure 26-123.3 at the end of section 26-123)

(d) See section 26-625 for additional regulations pertaining to accessory buildings.

(e) Fifteen-foot setback for the first story and five (5) feet for each additional story.

(f) Bulk plane regulations shall apply in accordance with section 26-642, and may, when applied to a specific project, have the effect of reducing the maximum height permitted.

(g) See section 26-646 B.3 for additional regulations and exceptions pertaining to the size and footprint of ADUs.

(Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1313, § 2, 10-27-03; Ord. No. 1448, § 2, 8-24-09; Ord. No. 1575, § 2, 7-13-15; Ord. No. 1744, §§ 7, 25(Exh. 1), 7-11-22; Ord. No. 1746, § 2, 8-22-22; Ord. No. 1822, § 2, 5-12-25)

Sec. 26-207. - Residential-One B District.

A.

Intent and purpose: This district is established to provide high quality, safe, quiet and stable small lot, low-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the low-density residential character.

B.

Development standards:

Maximum Height (h) Maximum Building Coverage Minimum Lot Area Minimum Lot Width (a) Minimum Front Yard Setback (b) Minimum Side Yard Setback (c) Minimum Rear Yard Setback (c)
Principal Buildings Single detached dwelling 35' 40% 7,500 sf 60' 25' (d) 5' (e) 10'
Group home 35' 40% 7,500 sf 60' 25' (d) 5' (e) 10'
Churches, schools, government and quasi-government buildings, golf courses, small day care center, and nursing, elderly and congregate care homes 35' 40% 1 acre 200' 25' (d) 15' (g) 20'
Accessory Buildings (f) Major 15' 600 sf N/A N/A 25' (d) 5' 5' if ≤10' in height; 10' if >10' in height
Minor 10' 300 sf N/A N/A 25' (d) 5' 5'
Accessory dwelling unit, detached 25' Floor area limited to 50% of principal, or 1,000 sf, whichever is less (i) N/A N/A 25' (d) 5' 5' if ≤ 10' in height, 10' if > 10' in height
All Other Uses 35' 40% 9,000 sf 60' 25' (d) 5' (e) 10'

 

Notes:

(a) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages.

(b) Front setback reductions may be allowed in accordance with section 26-611.

(c) Any side or rear yard which abuts a public street shall have a minimum setback of twenty-five (25) feet for all structures, with the following exception: For corner lots that are sixty (60) feet or narrower in width, this requirement shall be reduced by half.

(d) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See figure 26-123.3 at the end of section 26-123)

(e)  A total of fifteen (15) feet side yard setback for every individual lot with a minimum of five (5) feet on one (1) side.

(f) See section 26-625 for additional regulations pertaining to accessory buildings.

(g) Fifteen-foot setback for the first story and five (5) feet for each additional story.

(h) Bulk plane regulations shall apply in accordance with section 26-642, and may, when applied to a specific project, have the effect of reducing the maximum height permitted.

(i) See section 26-646 B.3 for additional regulations and exceptions pertaining to the size and footprint of ADUs.

(Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1313, § 3, 10-27-03; Ord. No. 1448, § 2, 8-24-09; Ord. No. 1575, § 3, 7-13-15; Ord. No. 1744, §§ 8, 25(Exh. 1), 7-11-22; Ord. No. 1746, § 3, 8-22-22; Ord. No. 1822, § 3, 5-12-25)

Note— See editor's note to § 26-120.

Sec. 26-208. - Residential-One C District (R-1C).

A.

Intent and purpose: This district is established to provide high quality, safe, quiet and stable, medium-density single-unit residential neighborhoods, and to prohibit activities of any nature which are incompatible with the medium-density residential character.

B.

Development standards:

Maximum Height (f) Maximum Building Coverage Minimum Lot Area Minimum Lot Width (a) Minimum Front Yard Setback (b) Minimum Side Yard Setback (c) Minimum Rear Yard Setback (c)
Principal Buildings Single detached dwelling 35' 40% 5,000 sf 50' 20' (d) 5' 5'
Group home 35' 40% 5,000 sf 50' 20' (d) 5' 5'
Churches, schools, government and quasi-government buildings, golf courses, small day care center, and nursing, elderly and congregate care homes 35' 40% 1 acre 200' 20' (d) 15' 20'
Accessory Buildings (e) Major 15' 600 sf N/A N/A 20' (d) 5' 5'
Minor 10' 300 sf N/A N/A 20' (d) 5' 5'
Accessory dwelling unit, detached 25' Floor area limited to 50% of principal, or 1,000 sf, whichever is less (g) N/A N/A 20' (d) 5' 5'
All Other Uses 35' 40% 9,000 sf 60' 20' (d) 5' (e) 10'

 

Notes:

(a) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages.

(b)  Front setback reductions may be allowed in accordance with section 26-611.

(c) Any side or rear yard which abuts a public street shall have a minimum setback of twenty (20) feet for all structures, with the following exception: For corner lots that are sixty (60) feet or narrower in width, this requirement shall be reduced by half.

(d) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See figure 26-123.3 at the end of section 26-123)

(e)  See section 26-625 for additional regulations pertaining to accessory buildings.

(f)  Bulk plane regulations shall apply in accordance with section 26-642, and may, when applied to a specific project, have the effect of reducing the maximum height permitted.

(g) See section 26-646 B.3 for additional regulations and exceptions pertaining to the size and footprint of ADUs.

(Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1313, § 4, 10-27-03; Ord. No. 1448, § 2, 8-24-09; Ord. No. 1575, § 4, 7-13-15; Ord. No. 1613, § 4, 11-21-16; Ord. No. 1744, §§ 9, 25(Exh. 1), 7-11-22; Ord. No. 1746, § 4, 8-22-22; Ord. No. 1822, § 4, 5-12-25)

Note— See editor's note to § 26-120.

Sec. 26-209. - Residential-Two District (R-2).

A.

Intent and purpose: This district is established to provide high quality, safe, quiet and stable low to moderate-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the residential character.

B.

Development standards:

Maximum Height (h) Maximum Building Coverage Minimum Lot Area Minimum Lot Width (a) Minimum Front Yard Setback (b) Minimum Side Yard Setback (c) Minimum Rear Yard Setback (c)
Principal Buildings Single detached dwelling 35' 40% 9,000 sf 75' 25' (d) 5' (e) 10'
Duplex dwelling 35' 40% 12,500 sf 100' 25' (d) 5' per story (e) 10'
Group home 35' 40% 9,000 sf 75' 25' (d) 5' per story (e) 10'
Churches, schools, government and quasi-government buildings, golf courses, small day care center, and nursing, elderly and congregate care homes 35' 40% 1 acre 200' 25' (d) 15' (g) 20'
Accessory Buildings (f) Major 15' 1,000 sf per unit N/A N/A 25' (d) 5' 5' if ≤10' in height; 10' if > 10' in height
Minor 10' 400 sf N/A N/A 25' (d) 5' 5'
Accessory dwelling unit, detached 25' Floor area limited to 50% of principal, or 1,000 sf, whichever is less (i) N/A N/A 25' (d) 5' 5' if ≤ 10' in height; 10' if > 10' in height
All Other Uses 35' 40% 9,000 sf 75' 25' (d) 5' (e) 10'

 

Notes:

(a) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages.

(b) Front setback reductions may be allowed in accordance with section 26-611.

(c) Any side or rear yard which abuts a public street shall have a minimum setback of twenty-five (25) feet for all structures, with the following exception: For corner lots that are sixty (60) feet or narrower in width, this requirement shall be reduced by half.

(d) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See figure 26-123.3 at the end of section 26-123)

(e) A total of fifteen (15) feet side yard setback for every individual lot with a minimum of five (5) feet on one (1) side.

(f) See section 26-625 for additional regulations pertaining to accessory buildings.

(g) Fifteen-foot setback for the first story and five (5) feet for each additional story.

(h) Bulk plane regulations shall apply in accordance with section 26-642, and may, when applied to a specific project, have the effect of reducing the maximum height permitted.

(i) See section 26-646 B.3 for additional regulations and exceptions pertaining to the size and footprint of ADUs.

(Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1313, § 5, 10-27-03; Ord. No. 1448, § 2, 8-24-09; Ord. No. 1575, § 5, 7-13-15; Ord. No. 1744, §§ 10, 25(Exh. 1), 7-11-22; Ord. No. 1746, § 5, 8-22-22; Ord. No. 1822, § 5, 5-12-25)

Sec. 26-210. - Residential-Two A District (R-2A).

A.

Intent and purpose: This district is established to provide high quality, safe, quiet and stable medium-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the medium-density residential character.

B.

Development standards:

Maximum Height (i) Maximum Building Coverage Minimum Lot Area Minimum Lot Width (a) Minimum Front Yard Setback (b) Minimum Side Yard Setback (c) Minimum Rear Yard Setback (c)
Principal Buildings Single detached dwelling 35' 40% 7,500 sf 60' 25' (d) 5' (d) 10'
Duplex dwelling 35' 40% 9,000 sf 75' 25' (d) 5' per story 10'
Multi-unit dwelling (3/more dwelling units) (h) 35' 40% 13,050 sf (e) 100' 25' (d) 5' per story 10' for one or two story buildings; 15' for three story
Group home 35' 40% 9,000 sf 75' 25' (d) 5' per story 10'
Churches, schools, government and quasi-government buildings, golf courses, small day care center, and nursing, elderly and congregate care homes 35' 40% 1 acre 200' 25' (d) 15' (f) 20'
Accessory Buildings (g) Major 15' 600 sf (per unit) N/A N/A 25' (d) 5' 5' if ≤10' in height; 10' if > 10' in height
Minor 10' 400 sf/4 d.u. N/A N/A 25' (d) 5' 5'
Accessory dwelling unit, detached 25' Floor area limited to 50% of principal, or 1,000 sf, whichever is less (j) N/A N/A 25' (d) 5' 5' if ≤ 10' in height; 10' if > 10' in height
All Other Uses 35' 40% 9,000 sf 75' 25' (d) 5' 10'

 

Notes:

(a) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages.

(b) Front setback reductions may be allowed in accordance with section 26-611.

(c) Any side or rear yard which abuts a public street shall have a minimum setback of twenty-five (25) feet for all structures, with the following exception: For corner lots that are sixty (60) feet or narrower in width, this requirement shall be reduced by half.

(d) Front setbacks for one- or two-unit dwelling structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See figure 26-123.3.)

(e) A minimum of four thousand three hundred fifty (4,350) square feet of land area shall be required for each dwelling unit for multi-unit buildings.

(f) Fifteen-foot setback for the first story and five (5) feet for each additional story.

(g) See section 26-625 for additional regulations pertaining to accessory buildings.

(h) Individual townhouse lots shall be exempt from minimum lot size, lot width, and interior side yard setback requirements, so long as the development parcel for the entire multi-unit townhouse building meets all standards of this section. See section 26-411.C regarding the required plat note for townhouse lots.

(i) Bulk plane regulations shall apply in accordance with section 26-642, and may, when applied to a specific project, have the effect of reducing the maximum height permitted.

(j) See section 26-646 B.3 for additional regulations and exceptions pertaining to the size and footprint of ADUs.

The requirements of subsection 26-120C.2. shall not apply to require compliance with minimum lot area and/or minimum land area per unit requirements otherwise applicable to the reconstruction of multi-unit dwellings in the R-2A district, where such structures and their reconstruction meet all of the following requirements:

1.

The structure was legally in existence on September 8, 1997,

2.

The structure is located upon a lot which does not meet the then-applicable minimum lot area and/or minimum land area per unit requirements for such proposed reconstruction, and

3.

Such reconstruction is restricted to replacement of the structure which has been destroyed.

This exemption shall not apply to:

1.

New construction where no replacement of a preexisting structure takes place or

2.

Reconstruction of structures which were not legally in existence (as distinguished from legal nonconforming structures).

C.

Design standards: For site development except single- or two-unit dwellings, development must comply with the Architectural and Site Design Manual and the Streetscape Design Manual, where applicable.

(Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1313, § 6, 10-27-03; Ord. No. 1448, § 2, 8-24-09; Ord. No. 1481, § 7, 3-28-11; Ord. No. 1547, § 11, 4-28-14; Ord. No. 1575, § 6, 7-13-15; Ord. No. 1744, §§ 11, 25(Exh. 1), 7-11-22; Ord. No. 1746, § 6, 8-22-22; Ord. No. 1822, § 6, 5-12-25)

Sec. 26-211. - Residential-Three District (R-3).

A.

Intent and purpose: This district is established to provide high quality, safe, quiet and stable medium to high-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the medium to high-density residential character.

B.

Development standards:

Maximum Height (i) Maximum Building Coverage Minimum Lot Area Minimum Lot Width (a) Minimum Front Yard Setback (b) Minimum Side Yard Setback (d) Minimum Rear Yard Setback (d)
Principal Buildings Single detached dwelling 35' 40% 7,500 sf 60' 25' (e) 5' 10'
Duplex dwelling 35' 40% 9,000 sf 75' 25' (e) 5' per story 10'
Multi-unit dwelling (3/more dwelling units) 35' 40% 12,500 sf (f) 100' 25' (e) 15' (c) 15' (c)
Group home 35' 40% 9,000 sf 75' 25' (e) 5' per story 10'
Churches, schools, government and quasi-government buildings, golf courses, small day care center, and nursing, elderly and congregate care homes 35' 40% 1 acre 200' 25' (e) 15' (c) 20'
Accessory Buildings (g) Major 15' 600 sf (per unit) N/A N/A 25' (e) 5' 5' if ≤ 10' in height; 10' if > 10' in height
Minor 10' 400 sf/4 d.u. N/A N/A 25' (e) 5' 5'
Accessory dwelling unit, detached 25' Floor area limited to 50% of principal, or 1,000 sf, whichever is less (j) N/A N/A 25' (e) 5' 5' if ≤ 10' in height; 10' if > 10' in height
All Other Uses 35' 40% 7,500 sf 60' 25' (e) 5' per story 10'

 

Notes:

(a) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages.

(b) Front setback reductions may be allowed in accordance with section 26-611.

(c) Side and rear yard setback shall be fifteen (15) feet for the first two (2) stories and an additional five (5) feet for each additional story over two (2) stories.

(d) Any side or rear yard which abuts a public street shall have a minimum setback of twenty-five (25) feet for all structures, with the following exception: For corner lots that are sixty (60) feet or narrower in width, this requirement shall be reduced by half.

(e) Front setbacks for one- or two-unit dwelling structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See figure 26-123.3.)

(f) A minimum of three thousand six hundred thirty (3,630) square feet of land area shall be required for each dwelling unit for multi-unit buildings.

(g) See section 26-625 for additional regulations pertaining to accessory buildings.

(h) Individual townhouse lots shall be exempt from minimum lot size, lot width, and interior side yard setback requirements, so long as the development parcel for the entire multi-unit townhouse building meets all standards of this section. See section 26-411.C regarding the required plat note for townhouse lots.

(i) Bulk plane regulations shall apply in accordance with section 26-642, and may, when applied to a specific project, have the effect of reducing the maximum height permitted.

(j) See section 26-646 B.3 for additional regulations and exceptions pertaining to the size and footprint of ADUs.

The requirements of subsection 26-120 C.2. shall not apply to require compliance with minimum lot area and/or minimum land area per unit requirements otherwise applicable to the reconstruction of multi-unit dwellings in the R-3 district, where such structures and their reconstruction meet all of following requirements:

1.

The structure was legally in existence on September 8, 1997,

2.

The structure is located upon a lot which does not meet the then-applicable minimum lot area and/or minimum land area per unit requirements for such proposed reconstruction, and

3.

Such reconstruction is restricted to replacement of the structure which has been destroyed.

This exemption shall not apply to:

1.

New construction where no replacement of a preexisting structure takes place or

2.

Reconstruction of structures which were not legally in existence (as distinguished from legal nonconforming structures).

C.

Design standards: For site development except single- or two-unit dwellings, development must comply with the Architectural and Site Design Manual and the Streetscape Design Manual, where applicable.

(Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1313, § 7, 10-27-03; Ord. No. 1448, § 2, 8-24-09; Ord. No. 1481, § 7, 3-28-11; Ord. No. 1547, § 12, 4-28-14; Ord. No. 1575, § 7, 7-13-15; Ord. No. 1613, § 5, 11-21-16; Ord. No. 1744, §§ 12, 25(Exh. 1), 7-11-22; Ord. No. 1746, § 7, 8-22-22; Ord. No. 1822, § 7, 5-12-25)

Sec. 26-212. - Residential-Three A District (R-3A).

A.

Intent and purpose: This district is established to provide high quality, safe, quiet and stable medium-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the medium-density residential character.

B.

Development standards:

Maximum Height (i) Maximum Building Coverage Minimum Lot Area Minimum Lot Width (a) Minimum Front Yard Setback (b) Minimum Side Yard Setback (d) Minimum Rear Yard Setback (d)
Principal Buildings Single detached dwelling 35' 40% 7,500 sf 60' 25' (e) 5' 10'
Duplex dwelling 35' 40% 9,000 sf 75' 25' (e) 5' per story 10'
Multi-unit dwelling (3/more dwelling units) (h) 35' 40% 12,500 sf (f) 100' 25' (e) 15' (c) 15' (c)
Group home 35' 40% 9,000 sf 75' 25' (e) 5' per story 10'
Churches, schools, government and quasi-government buildings, golf courses, small day care center, and nursing, elderly and congregate care homes 35' 40% 1 acre 200' 25' 15' (c) 20'
Accessory Buildings (g) Major 15' 600 sf (per unit) N/A N/A 25' (e) 5' 5' if ≤ 10' in height; 10' if > 10' in height
Minor 10' 400 sf/4 d.u. N/A N/A 25' (e) 5' 5'
Accessory dwelling unit, detached 25' Floor area limited to 50% of principal, or 1,000 sf, whichever is less (j) N/A N/A 25' (e) 5' 5' if ≤ 10' in height; 10' if > 10' in height
All Other Uses 35' 40% 7,500 sf 60' 25' (e) 5' per story 10'

 

Notes:

(a) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages.

(b) Front setback reductions may be allowed in accordance with section 26-611.

(c) Side and rear yard setback shall be fifteen (15) feet for the first two (2) stories and an additional five (5) feet for each additional story over two (2) stories.

(d) Any side or rear yard which abuts a public street shall have a minimum setback of twenty-five (25) feet for all structures, with the following exception: For corner lots that are sixty (60) feet or narrower in width, this requirement shall be reduced by half.

(e) Front setbacks for one- or two-unit dwelling structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See figure 26-123.3.)

(f) A minimum of three thousand nine hundred sixty (3,960) square feet of land area shall be required for each dwelling unit for multi-unit buildings.

(g) See section 26-625 for additional regulations pertaining to accessory buildings.

(h) Individual townhouse lots shall be exempt from minimum lot size, lot width, and interior side yard setback requirements, so long as the development parcel for the entire multi-unit townhouse building meets all standards of this section. See section 26-411.C regarding the required plat note for townhouse lots.

(i) Bulk plane regulations shall apply in accordance with section 26-642, and may, when applied to a specific project, have the effect of reducing the maximum height permitted.

(j) See section 26-646 B.3 for additional regulations and exceptions pertaining to the size and footprint of ADUs.

The requirements of subsection 26-120C.2. shall not apply to require compliance with minimum lot area and/or minimum land area per unit requirements otherwise applicable to the reconstruction of multi-unit dwellings in the R-3A district, where such structures and their reconstruction meet all of the following requirements:

1.

The structure was legally in existence on September 8, 1997,

2.

The structure is located upon a lot which does not meet the then-applicable minimum lot area and/or minimum land area per unit requirements for such proposed reconstruction, and

3.

Such reconstruction is restricted to replacement of the structure which has been destroyed.

This exemption shall not apply to:

1.

New construction where no replacement of a preexisting structure takes place or

2.

Reconstruction of structures which were not legally in existence (as distinguished from legal nonconforming structures).

C.

Design standards: For site development except single- or two-unit dwellings, development must comply with the Architectural and Site Design Manual and the Streetscape Design Manual, where applicable.

(Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1313, § 8, 10-27-03; Ord. No. 1448, § 2, 8-24-09; Ord. No. 1481, § 7, 3-28-11; Ord. No. 1547, § 13, 4-28-14; Ord. No. 1575, § 8, 7-13-15; Ord. No. 1744, §§ 13, 25(Exh. 1), 7-11-22; Ord. No. 1746, § 8, 8-22-22; Ord. No. 1822, § 8, 5-12-25)

Sec. 26-213. - Agricultural-One District (A-1).

A.

Intent and purpose: This district is established to provide high quality, safe, quiet and stable residential estate living environment within a quasi-rural or agricultural setting. In addition to large lot, single-unit residential and related uses, agricultural uses and activities will exist and be encouraged to continue.

B.

Development standards:

Maximum Height Maximum Building Coverage Minimum Lot Area (d) Minimum Lot Width Minimum Front Yard Setback Minimum Side Yard Setback (a) Minimum Rear Yard Setback (b)
Principal Buildings Single detached dwelling 35' 25% 1 acre 140' 30' (c) 15' 15'
Group home 35' 25% 1 acre 140' 30' (c) 15' 15'
Churches, schools, government and quasi-government buildings, golf courses, small day care center, and nursing, elderly and congregate care homes 35' 25% 1 acre 200' 30' (c) 15' 20'
Accessory Buildings (e) Major 35' 25% N/A N/A 30' (c) 15' 5'
Minor 35' 25% N/A N/A 30' 15' 5'
Accessory dwelling unit, detached 25' Floor area limited to 50% of principal, or 1,000 sf, whichever is less (f) N/A N/A 30' (c) 15' 5'
All Other Uses 35' 25% 1 acre 140' 30' 15' 15'

 

Notes:

(a) Any side yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures.

(b) Any rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures, except where greater setbacks are specifically required.

(c) Front setbacks for single-unit dwelling structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See figure 26-123.3.)

(d) Lots smaller than one (1) acre may be used only for residential purposes.

(e) See section 26-625 for additional regulations pertaining to accessory buildings.

(f) See section 26-646 B.3 for additional regulations and exceptions pertaining to the size and footprint of ADUs.

C.

Design standards: For site development except single- or two-unit dwellings, development must comply with the Architectural and Site Design Manual and the Streetscape Design Manual, where applicable.

(Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1448, § 1, 8-24-09; Ord. No. 1481, § 7, 3-28-11; Ord. No. 1744, §§ 14, 25(Exh. 1), 7-11-22; Ord. No. 1822, § 9, 5-12-25)

Sec. 26-214. - Agricultural-Two Zone District (A-2).

A.

Intent and purpose: This district is established to provide a reasonably compatible transition between residential and more intensive agricultural land uses. It provides for large-lot, residential estate living while allowing more commercially oriented, yet still agricultural operations. Design standards have been included where possible to provide a reasonable interface between the two (2) extremes.

B.

Development standards:

Maximum Height Maximum Building Coverage Minimum Lot Area (d) Minimum Lot Width Minimum Front Yard Setback Minimum Side Yard Setback (a) Minimum Rear Yard Setback (b)
Principal Buildings Single detached dwelling 35' 25% 1 acre 140' 30' (c) 15' 15'
Group home 35' 25% 1 acre 140' 30' (c) 15' 15'
Churches, schools, government and quasi-government buildings, golf courses, small day care center, and nursing, elderly and congregate care homes 35' 25% 1 acre 200' 30' (c) 15' 20'
Accessory Buildings (e) Major 35' 25% N/A N/A 30' (c) 15' 5'
Minor 35' 25% N/A N/A 30' 15' 5'
Accessory dwelling unit, detached 25' Floor area limited to 50% of principal, or 1,000 sf, whichever is less (f) N/A N/A 30' (c) 15' 5'
All Other Uses 35' 25% 1 acre 140' 30' 15' 15'

 

Notes:

(a) Any side yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures.

(b) Any rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures, except where greater setbacks are specifically required.

(c) Front setbacks for single-unit dwelling structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See figure 26-123.3.)

(d) Lots smaller than one (1) acre may be used only for residential purposes.

(e) See section 26-625 for additional regulations pertaining to accessory buildings.

(f) See section 26-646 B.3 for additional regulations and exceptions pertaining to the size and footprint of ADUs.

C.

Design standards: For site development except single- or two-unit dwellings, development must comply with the Architectural and Site Design Manual and the Streetscape Design Manual, where applicable.

(Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1448, § 2, 8-24-09; Ord. No. 1481, § 7, 3-28-11; Ord. No. 1744, §§ 15, 25(Exh. 1), 7-11-22; Ord. No. 1822, § 10, 5-12-25)

Sec. 26-215. - Public Facilities District (PF).

A.

Intent and purpose: This district is established to provide a zoning classification for property devoted to public and quasi-public buildings and facilities, such that such properties, while unique in many respects, may nevertheless be subject to appropriate land use regulations.

B.

Development standards:

1.

Maximum height. Fifty (50) feet.

2.

Front yard setback. Fifty (50) feet when the front yard is adjacent to a dedicated public street.

3.

Side yard setback. Ten (10) feet for the first story and five (5) feet for each additional story.

4.

Rear yard setback. Ten (10) feet for the first story and five (5) feet for each additional story.

5.

Lot coverage. Not more than eighty (80) percent of the gross lot area may be covered by structures or hard surfacing. That area not covered shall be landscaped.

C.

Design standards: For site development except single- or two-unit dwellings, development must comply with the Architectural and Site Design Manual and the Streetscape Design Manual, where applicable.

(Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1481, § 7, 3-28-11; Ord. No. 1744, §§ 25(Exh. 1), 7-11-22)

Sec. 26-216. - Neighborhood Commercial District (NC).

A.

Intent and purpose: This district is established to provide for a reasonably compatible transition between residential and more intensive commercial land uses. It provides for residential scale, neighborhood-oriented professional offices and services which, by their nature and through design limitation, will promote neighborhood stability and protect neighborhood values and character. The district also provides limited neighborhood-oriented retail uses by special use approval. This district was formerly titled the "Restricted Commercial One (RC-1) District," is hereby renamed, and the title of said district is hereby changed on the official zoning map.

B.

Development standards:

1.

Maximum height. Thirty-five (35) feet.

2.

Minimum lot area. No limitation, provided that all other requirements can be met.

3.

Maximum lot coverage. Eighty (80) percent, with a minimum of twenty (20) percent of the lot being landscaped.

4.

Minimum lot width. No limitations, provided that all other requirements are met.

5.

Front yard setback. Thirty (30) feet minimum, except for:

a.

Structures on lots or portions of lots which abut a cul-de-sac bulb, then the setback may be reduced to twenty (20) feet.

b.

Structures on lots which abut Sheridan Boulevard, Wadsworth Boulevard, Kipling Street, Ward Road north of West 44th Avenue, and Youngfield Street shall be set back a minimum of fifty (50) feet.

c.

For properties within a traditional or contemporary overlay area as defined in the Architectural and Site Design Manual, a build-to requirement shall apply in lieu of a front setback requirement.

6.

Side yard setback. Based upon the specific site, adjacent land use and adjacent public streets, one (1) or more of the following requirements shall apply:

a.

Five (5) feet per story minimum, except a zero setback may be permitted where structures are constructed of masonry or nonflammable material and in accordance with the uniform building code.

b.

In all cases, thirty (30) feet where adjacent to a dedicated public street.

c.

In addition to building setback as required by subsection a. above, where a side yard abuts a residentially or agriculturally zoned lot that contains a residential use, a five-foot-per-story landscaped buffer shall be required.

7.

Rear yard setback. Based upon specific site, adjacent land use and adjacent public streets, one (1) or more of the following shall apply:

a.

Ten (10) feet for a one-story building and an additional five (5) feet per each additional story thereafter.

b.

In all cases, any rear yard which abuts a public street shall have a minimum setback of fifteen (15) feet for all structures.

c.

In all cases, any rear yard which abuts a public alley shall have a minimum setback for all structures of five (5) feet from the edge of the alley.

d.

In addition to building setback as required by subsection a. above, where a rear yard abuts a residentially or agriculturally zoned lot that contains a residential use, a five-foot-per-story landscaped buffer shall be required.

8.

Parking requirements. See section 26-501.

9.

Landscape requirements. See section 26-502.

10.

Fencing requirements. See section 26-603.

11.

Sign requirements. See article VII.

12.

Streetscape and architectural design guidelines. See Architectural and Site Design Manual and Streetscape Design Manual, section 26-224.

(Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1355, § 1, 3-14-06; Ord. No. 1481, § 8, 3-28-11; Ord. No. 1801, § 5, 8-26-24)

Sec. 26-217. - Restricted Commercial District (RC).

A.

Intent and purpose. This district is established to accommodate various types of office uses performing administrative, professional and personal services, and to provide for a limited range of retail uses which are neighborhood oriented. It is the intent that general retail uses that serve the community or region, wholesaling, warehousing, industrial, and uses which require outside storage or display be prohibited, since these uses are incompatible with other uses in this district.

B.

Development standards.

1.

Maximum height. Fifty (50) feet.

2.

Minimum lot area. No limitation, provided that all other requirements can be met.

3.

Maximum lot coverage. Eighty (80) percent, with a minimum of twenty (20) percent of the lot being landscaped.

4.

Minimum lot width. No limitations, provided that all other requirements can be met.

5.

Front yard setbacks. Fifty (50) feet minimum, except as follows:

a.

Thirty (30) feet for structures on lots or portions of lots which abut a cul-de-sac bulb.

b.

Thirty (30) feet where the height of the building does not exceed thirty-five (35) feet, and where the front setback area is completely landscaped, exclusive of ingress/egress drives on either side of a structure.

c.

Structures on lots which abut Sheridan Boulevard, Wadsworth Boulevard, Kipling Street, Ward Road north of West 44th Avenue, and Youngfield Street shall be setback a minimum of fifty (50) feet.

d.

For properties within a traditional or contemporary overlay area as defined in the Architectural and Site Design Manual, a build-to requirement shall apply in lieu of a front setback requirement.

6.

Side yard setback. Based upon the specific site, adjacent land use and adjacent public streets, one (1) or more of the following requirements shall apply:

a.

Five (5) feet per story minimum, except a zero setback may be permitted where structures are constructed of masonry or nonflammable material and in accordance with the uniform building code.

b.

In all cases, thirty (30) feet where adjacent to a dedicated public street.

c.

In addition to building setback as required by subsection a. above, where a side yard abuts a residentially or agriculturally zoned lot that contains a residential use, a five-foot-per-story landscaped buffer shall be required.

7.

Rear yard setback. Based upon specific site, adjacent land use and adjacent public streets, one (1) or more of the following shall apply:

a.

Ten (10) feet for a one-story building and an additional five (5) feet per each additional story thereafter.

b.

In all cases, any rear yard which abuts a public street shall have a minimum setback of fifteen (15) feet for all structures.

c.

In all cases, any rear yard which abuts a public alley shall have a minimum setback for all structures of five (5) feet from the edge of the alley.

d.

In addition to building setback as required by subsection a. above, where a rear yard abuts a residentially or agriculturally zoned lot that contains a residential use, a five-foot-per-story landscaped buffer shall be required.

8.

Parking requirements. See section 26-501.

9.

Landscape requirements. See section 26-502.

10.

Fencing requirements. See section 26-603.

11.

Sign requirements. See article VII.

12.

Streetscape and architectural design guidelines. See Architectural and Site Design Manual and Streetscape Design Manual, section 26-224.

(Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1355, § 2, 3-14-06; Ord. No. 1481, § 8, 3-28-11; Ord. No. 1801, § 6, 8-26-24)

Sec. 26-218. - Commercial-One District (C-1).

A.

Intent and purpose. This district is established to provide for areas with a wide range of commercial land uses which include office, general business, and retail sales and service establishments. This district is supported by the community and/or entire region.

B.

Development standards.

1.

Maximum height. Fifty (50) feet.

2.

Minimum lot area. No limitation, provided that all other requirements can be met.

3.

Maximum lot coverage. Eighty (80) percent, with a minimum of twenty (20) percent of the lot being landscaped.

4.

Minimum lot width. No limitations, provided that all other requirements can be met.

5.

Front yard setback. Fifty (50) feet minimum, except as follows:

a.

Thirty (30) feet for structures on lots or portions of lots which abut a cul-de-sac bulb.

b.

Thirty (30) feet where the height of the building does not exceed thirty-five (35) feet, and where the front setback area is completely landscaped, exclusive of ingress/egress drives on either side of a structure.

c.

Structures on lots which abut Sheridan Boulevard, Wadsworth Boulevard, Kipling Street, Ward Road, north of West 44th Avenue and Youngfield Street shall be setback a minimum of fifty (50) feet.

d.

For properties within a traditional or contemporary overlay area as defined in the Architectural and Site Design Manual, a build-to requirement shall apply in lieu of a front setback requirement.

6.

Side yard setback. Based upon the specific site, adjacent land use and adjacent public streets, one (1) or more of the following requirements shall apply:

a.

Five (5) feet per story minimum, except a zero setback may be permitted where structures are constructed of masonry or nonflammable material and in accordance with the uniform building code.

b.

In all cases, thirty (30) feet where adjacent to a dedicated public street.

c.

In addition to building setback as required by subsection a. above, where a side yard abuts a residentially or agriculturally zoned lot that contains a residential use, a five-foot-per-story landscaped buffer shall be required.

7.

Rear yard setback. Based upon specific site, adjacent land use and adjacent public streets, one (1) or more of the following shall apply:

a.

Ten (10) feet for a one-story building and an additional five (5) feet per each additional story thereafter.

b.

In all cases, any rear yard which abuts a public street shall have a minimum setback of fifteen (15) feet for all structures.

c.

In all cases, any rear yard which abuts a public alley shall have a minimum setback for all structures of five (5) feet from the edge of the alley.

d.

In addition to building setback as required by subsection a. above, where a rear yard abuts a residentially or agriculturally zoned lot that contains a residential use, a five-foot-per-story landscaped buffer shall be required.

8.

Parking requirements. See section 26-501.

9.

Landscape requirements. See section 26-502.

10.

Fencing requirements. See section 26-603.

11.

Sign requirements. See article VII.

12.

Streetscape and architectural design guidelines. See Architectural and Site Design Manual and Streetscape Design Manual, section 26-224.

(Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1355, § 3, 3-14-06; Ord. No. 1481, § 8, 3-28-11; Ord. No. 1801, § 7, 8-26-24)

Sec. 26-219. - Commercial-Two District (C-2).

A.

Intent and purpose. This district is established to provide for areas with a wide range of commercial land uses which include office, general business, more intensive retail sales, wholesale businesses, and light manufacturing. This district generally depends on the entire region for the market area.

B.

Development standards.

1.

Maximum height. Fifty (50) feet.

2.

Minimum lot area. No limitation, provided that all other requirements can be met.

3.

Maximum lot coverage. Eighty (80) percent, with a minimum of twenty (20) percent of the lot being landscaped.

4.

Minimum lot width. No limitations, provided that all other requirements can be met.

5.

Front yard setback. Fifty (50) feet minimum, except as follows:

a.

Thirty (30) feet for structures on lots or portions of lots which abut a cul-de-sac bulb.

b.

Thirty (30) feet where the height of the building does not exceed thirty-five (35) feet, and where the front setback area is completely landscaped, exclusive of ingress/egress drives on either side of a structure.

c.

Structures on lots which abut Sheridan Boulevard, Wadsworth Boulevard, Kipling Street, Ward Road north of West 44th Avenue, and Youngfield Street shall be setback a minimum of fifty (50) feet.

d.

For properties within a traditional or contemporary overlay area as defined in the Architectural and Site Design Manual, a build-to requirement shall apply in lieu of a front setback requirement.

6.

Side yard setback. Based upon the specific site, adjacent land use and adjacent public streets, one (1) or more of the following requirements shall apply:

a.

Five (5) feet per story minimum, except a zero setback may be permitted where structures are constructed of masonry or nonflammable material and in accordance with the uniform building code.

b.

In all cases, thirty (30) feet where adjacent to a dedicated public street.

c.

In addition to building setback as required by subsection a. above, where a side yard abuts a residentially or agriculturally zoned lot that contains a residential use, a five-foot-per-story landscaped buffer shall be required.

7.

Rear yard setback. Based upon specific site, adjacent land use and adjacent public streets, one (1) or more of the following shall apply:

a.

Ten (10) feet for a one-story building and an additional five (5) feet per each additional story thereafter.

b.

In all cases, any rear yard which abuts a public street shall have a minimum setback of fifteen (15) feet for all structures.

c.

In all cases, any rear yard which abuts a public alley shall have a minimum setback for all structures of five (5) feet from the edge of the alley.

d.

In addition to building setback as required by subsection a. above, where a rear yard abuts a residentially or agriculturally zoned lot that contains a residential use, a five-foot-per-story landscaped buffer shall be required.

8.

Parking requirements. See section 26-501.

9.

Landscape requirements. See section 26-502.

10.

Fencing requirements. See section 26-603.

11.

Sign requirements. See article VII.

12.

Streetscape and architectural design guidelines. See Architectural and Site Design Manual and Streetscape Design Manual, section 26-224.

(Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1355, § 4, 3-14-06; Ord. No. 1481, § 8, 3-28-11; Ord. No. 1801, § 8, 8-26-24)

Sec. 26-220. - Industrial-Employment District (I-E).

A.

Intent and purpose. The intent of this district is to allow light industrial and commercial uses that support employment.

B.

Development standards.

1.

Maximum height. Fifty (50) feet.

2.

Minimum lot area. No limitation, provided that all other requirements can be met.

3.

Maximum lot coverage. Eighty-five (85) percent, with a minimum of fifteen (15) percent of the lot being landscaped. (See section 26-123 for definition.)

4.

Minimum lot width. No limitations, provided that all other requirements can be met.

5.

Front yard setback. Ten (10) feet minimum. The ten-foot setback area must be landscaped to meet the requirements of section 26-502. For properties within a traditional or contemporary overlay area as defined in the Architectural and Site Design Manual, a build-to requirement shall apply in lieu of a front setback requirement.

6.

Side yard setback.

a.

Principal permitted and accessory uses: Five (5) feet per story minimum, except as follows:

(1)

Zero setback where structures are constructed of masonry or nonflammable material and in accordance with the uniform building code.

(2)

Ten (10) feet where adjacent to a dedicated public street. The ten-foot setback area must be landscaped to meet the requirements of section 26-502.

(3)

Where a side yard abuts a residentially or agriculturally zoned lot that contains a residential use, a fifteen-foot landscape buffer shall be required.

(4)

Special uses, especially if adjacent to residential uses, may be required to meet greater side yard setbacks, to be determined through the special use permit review process.

7.

Rear yard setback.

a.

Principal permitted and accessory uses: Ten (10) feet for a one-story building and an additional five (5) feet per each additional story thereafter, except as follows:

(1)

Any rear yard which abuts a public street shall have a minimum setback of ten (10) feet for all structures.

(2)

Any rear yard which abuts a public alley shall have a minimum setback for all structures of five (5) feet from the edge of the alley.

(3)

Where a rear yard abuts a residentially or agriculturally zoned lot that contains a residential use, a fifteen-foot landscaped buffer shall be required.

(4)

Special uses, especially if adjacent to residential uses, may be required to meet greater rear yard setbacks, to be determined through the special use permit review process.

8.

Parking requirements. See section 26-501.

9.

Landscape requirements. See section 26-502.

10.

Fencing requirements. See section 26-603.

11.

Sign requirements. See article VII.

12.

Streetscape and architectural design guidelines. See Architectural and Site Design Manual and Streetscape Design Manual, section 26-224.

13.

Outdoor storage. Merchandise, material or stock may not be stored in the front of buildings. Outdoor storage may only occur within the side or rear yards and must be completely screened from adjacent properties and streets by a six-foot high opaque wall or fence in addition to trees to be placed at thirty-foot intervals. Merchandise, material or stock shall not be stacked to a height greater than that of the screening wall/fence.

(Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1355, § 5, 3-14-06; Ord. No. 1481, § 8, 3-28-11; Ord. No. 1523, § 5, 10-8-12; Ord. No. 1801, § 9, 8-26-24)

Sec. 26-221. - Planned Development District (PD).

See article III.

(Ord. No. 2001-1215, § 1, 2-26-01)

Sec. 26-221.5. - Conservation District.

Purpose: This district is established to provide a zoning classification for natural areas held by individuals, corporations or governments, individually or in combination, for natural resource and conservation purposes in an undeveloped state.

A.

Permitted uses, public property. Permitted primary uses for properties owned by the city, the State of Colorado, the United States or by any agency of the same, or any park or recreation district:

a.

Open space.

b.

Wildlife habitat.

c.

Scenic view corridors.

d.

Riparian habitat.

e.

Underground utility lines.

f.

Perimeter fencing.

Permitted accessory uses for public properties governed by this subsection (a) must be needed for and clearly accessory to the natural conservation purposes of this zone district and of the specific property. Such uses shall include only:

a.

Hard or soft surface pedestrian or equestrian trails.

b.

Parking lots and associated driveways and drive aisles, not to exceed fifty (50) parking spaces and in no event closer than three thousand (3,000) feet from any other such parking lot.

c.

Public restrooms.

d.

Signs and information kiosks.

e.

Benches, picnic tables and shelters.

f.

Wildlife observation decks and platforms, not including boat docks.

B.

Permitted uses, private property:

a.

Open space.

b.

Wildlife habitat.

c.

Scenic view corridors.

d.

Riparian habitat.

e.

Underground utility lines.

f.

Perimeter fencing.

Permitted accessory uses for private properties governed by this subsection (b) must be needed for and clearly accessory to the natural conservation purposes of this zone district and of the specific property. Such uses shall include only:

a.

Benches, picnic tables and shelters.

b.

Wildlife observation decks and platforms, not including boat docks.

C.

Prohibited uses. All uses not classified as permitted or accessory uses by this section are prohibited within a Conservation District.

D.

Special uses. None.

E.

Development standards. Not applicable.

F.

Minimum lot area. One (1) acre.

G.

Additional requirements:

a.

Section 15-23 of the Wheat Ridge Code of Laws, entitled "Weed Control" shall not be applicable to properties located within a Conservation District, except for noxious weeds as defined in state statutes.

(Ord. No. 1233, § 1, 11-26-01)

Sec. 26-222. - Reserved.

Editor's note— Ord. No. 1481, § 1, adopted March 28, 2011, repealed § 26-222 which pertained to the streetscape overlay district (SO) and derived from Ord. No. 2001-1215, § 1, adopted Feb. 26, 2001; Ord. No. 1275, § 1, adopted Jan. 13, 2003; and Ord. No. 1288, §§ 1, 2, adopted May 12, 2003.

Sec. 26-223. - Reserved.

Editor's note— Ord. No. 1481, § 1, adopted March 28, 2011, repealed § 26-223 which pertained to the architectural design overlay district (ADO) and derived from Ord. No. 2001-1215, § 1, adopted Feb. 26, 2001; Ord. No. 1285, § 1, adopted April 28, 2003; and Ord. No. 1288, §§ 1, 2, adopted May 12, 2003.

Sec. 26-224. - Design manuals.

A.

Architectural and Site Design Manual. The community development director is hereby authorized and directed to promulgate regulations that encourage quality architecture and site design. Such regulations, when promulgated, shall be fully enforceable with respect to all site development. The City of Wheat Ridge Architectural and Site Design Manual dated June 2007, is hereby adopted and shall apply as one such regulation. The manual may be amended and updated as a regulation from time to time by the director of community development. Copies of the manual shall be available for inspection and purchase in the office of the department of community development.

B.

Streetscape design manual. The community development director is hereby authorized and directed to promulgate regulations that encourage quality streetscape design. Such regulations, when promulgated, shall be fully enforceable with respect to all site development. The City of Wheat Ridge Streetscape Design Manual dated March 2011, is hereby adopted and shall apply as one (1) such regulation.

The manual may be amended and updated as a regulation from time to time by the director of community development, in consultation with the city engineer. Copies of the manual shall be available for inspection and purchase in the office of the department of community development.

C.

Exemptions, waivers and variances.

1.

Buildings of historical significance which have been placed on the Colorado or National Historical Register shall be exempt from the requirements of the Architectural and Site Design Manual, including any reconstruction or remodeling of such buildings.

2.

Where review of the requirements within either design manual is part of an administrative review process, the community development director may grant waivers to or variances from those requirements.

3.

Where a waiver to or variance from the architectural or streetscape standards within either manual is made a part of another process, such as approval of a zone change or planned development, which process requires a public hearing before the planning commission and/or city council, then the planning commission and/or city council shall be empowered to decide upon such waiver or variance concurrent with the other process.

(Ord. No. 1481, § 2, 3-28-11; Ord. No. 1515, § 7, 7-9-12; Ord. No. 1683, § 17, 1-27-20)

Editor's note— Ord. No. 1481, § 2, adopted March 28, 2011, repealed § 26-224 and enacted a new section as set out herein. The former § 26-224 pertained to the streetscape and architectural design manual and derived from Ord. No. 2001-1215, § 1, adopted Feb. 26, 2001; and Ord. No. 1288, §§ 1, 2, adopted May 12, 2003.

Sec. 26-225. - Overlay Zone.

A.

Purpose. This section is enacted for the purpose of creating overlay zone districts which may establish additional regulations for the use, design, and development of a property.

B.

Procedure and criteria. The city council may at any time enact an overlay zone district to address such topics as historic preservation, environmental preservation, transportation, architectural quality or urban design. For an overlay zone district to be established, the procedure for a city-wide or comprehensive rezoning, as set forth in section 26-113.B., shall apply, and there shall be no minimum area which may be so designated.

C.

Applicability. where a property is within an overlay district, it is subject to the regulations of the primary zone district as well as the overlay district. Where there is conflict between the regulations of the two (2) districts, the more stringent regulation shall apply.

(Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1481, § 3, 3-28-11)

Sec. 26-226. - Urban renewal plan compliance.

The city has established an urban renewal authority pursuant to § 31-25-101 et seq., C.R.S. (the "Urban Renewal Law"). The Wheat Ridge Urban Renewal Authority ("WRURA") has developed and the city council has adopted the following urban renewal plans pursuant to the Urban Renewal Law:

1.

West 44 th Avenue/Ward Road Redevelopment Plan.

2.

Wadsworth Boulevard Corridor Redevelopment Plan.

3.

38 th Avenue Corridor Redevelopment Plan.

Hereinafter collectively the "urban renewal plans." For the purposes of this section, the urban renewal plans, copies of which are available for inspection and copying in the office of community development, are hereby incorporated by this reference.

This section makes the provisions of the urban renewal plans, and any substantial modifications thereof, applicable to the property covered by such plans, as required by § 31-25-107(8), C.R.S. The mechanism for such compliance is described in this section and shown on the Review Process Chart, Section 26-106. If the property for which one (1) of the approvals listed in section 26-106 is located within one (1) or more of the urban renewal plan areas, as shown by the duly adopted maps of such areas contained within the plans, the requirements of this section (and the applicable plan) shall apply to that property.

If "A" is noted under the column "URPC" in section 26-106, and the property is located within an urban renewal plan area, the "approval requested" shall not be acted upon at the final stage for that approval, as shown in section 26-106, until the executive director of the WRURA has reviewed the application and made a written recommendation to the final decision making person or body indicated in that section. If "URA" is noted under the column "URPC" in section 26-106, and the property is located within an urban renewal plan area, the "Approval Requested" shall not be acted upon at the final stage for that approval, as shown in section 26-106, until the WRURA has reviewed the application and made a written recommendation to the final decision making person or body indicated in that section. In making their recommendations, the executive director and WRURA shall review the application against the provisions of the applicable urban renewal plan with respect to the land area, land use, design, building requirements, timing and procedure. The provisions of this section shall not alter the final decision making authority of the person or body listed in section 26-106, other than requiring that such person or body may not make a final decision with respect to the application until such recommendation has been received.

(Ord. No. 1244, § 2, 2-11-02; Ord. No. 1288, §§ 1, 2, 5-12-03)