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ARTICLE 4
DISTRICTS

TABLE OF CONTENTS

DIVISION 4.1 RURAL LANDS DISTRICT (R-U-L)

DIVISION 4.2 URBAN ESTATE DISTRICT (U-E)

DIVISION 4.3 RESIDENTIAL FOOTHILLS DISTRICT (R-F)

DIVISION 4.4 LOW DENSITY RESIDENTIAL DISTRICT (R-L)

DIVISION 4.5 LOW DENSITY MIXED-USE NEIGHBORHOOD DISTRICT (L-M-N)

DIVISION 4.6 MEDIUM DENSITY MIXED-USE NEIGHBORHOOD DISTRICT (M-M-N)

DIVISION 4.7 NEIGHBORHOOD CONSERVATION, LOW DENSITY DISTRICT (N-C-L)

DIVISION 4.8 NEIGHBORHOOD CONSERVATION, MEDIUM DENSITY DISTRICT (N-C-M)

DIVISION 4.9 NEIGHBORHOOD CONSERVATION, BUFFER DISTRICT (N-C-B)

DIVISION 4.10 HIGH DENSITY MIXED – USE NEIGHBORHOOD DISTRICT (H-M-N)

DIVISION 4.11 RESERVED

DIVISION 4.12 TRANSITION DISTRICT (T)

DIVISION 4.13 PUBLIC OPEN LANDS DISTRICT (P-O-L)

DIVISION 4.14 RIVER CONSERVATION DISTRICT (R-C)

DIVISION 4.15 RESERVED

DIVISION 4.16 DOWNTOWN DISTRICT (D)

DIVISION 4.17 RIVER DOWNTOWN REDEVELOPMENT DISTRICT (R-D-R)

DIVISION 4.18 COMMUNITY COMMERCIAL DISTRICT (C-C)

DIVISION 4.19 COMMUNITY COMMERCIAL – NORTH COLLEGE DISTRICT (C-C-N)

DIVISION 4.20 COMMUNITY COMMERCIAL – POUDRE RIVER DISTRICT (C-C-R)

DIVISION 4.21 GENERAL COMMERCIAL DISTRICT (C-G)

DIVISION 4.22 SERVICE COMMERCIAL DISTRICT (C-S)

DIVISION 4.23 NEIGHBORHOOD COMMERCIAL DISTRICT (N-C)

DIVISION 4.24 LIMITED COMMERCIAL DISTRICT (C-L)

DIVISION 4.25 RESERVED

DIVISION 4.26 HARMONY CORRIDOR DISTRICT (H-C)

DIVISION 4.27 EMPLOYMENT DISTRICT (E)

DIVISION 4.28 INDUSTRIAL DISTRICT (I)

DIVISION 4.29 PLANNED DEVELOPMENT OVERLAY DISTRICT (PDOD)


DIVISION 4.1 RURAL LANDS DISTRICT (R-U-L) (U-E)Go to the top

(A) Purpose. The Rural Lands District is intended for privately owned lands that are planned as a rural edge to the community. Rural lands include but are not limited to community separators, clustered residential development, large lot residential, agriculture, natural area buffers and corridors and other open lands of similar character and purpose.

(B) Permitted Uses.

(1) The following uses are permitted in the R-U-L District, subject to basic development review, provided that such uses are located on lots that are part of an approved site specific development plan:

(a) Accessory/Miscellaneous Uses:

1. Accessory buildings.

2. Accessory uses.

3. Farm animals.

4. Urban agriculture.

(b) Any use authorized pursuant to a site specific development plan that was processed and approved either in compliance with the Zoning Code in effect on March 2, 1997, or in compliance with this Land Use Code (other than a final subdivision plat, or minor subdivision plat, approved pursuant to Section 29-643 or 29-644 of prior law, for any nonresidential development or any multi-family dwelling containing more than four [4] dwelling units), provided that such use shall be subject to all of the use and density requirements and conditions of said site specific development plan.

(c) Any use which is not hereafter listed as a permitted use in this zone district but which was permitted for a specific parcel of property pursuant to the zone district regulations in effect for such parcel on March 27, 1997; and which physically existed upon such parcel on March 27, 1997; provided, however, that such existing use shall constitute a permitted use only on such parcel of property.

(d) Residential Uses:

1. Shelters for victims of domestic violence.

(2) The following uses are permitted in the R-U-L District, subject to administrative review:

(a) Residential Uses:

1. Single-family detached dwellings on lots containing at least ten (10) acres.

(b) Institutional/Civic/Public Uses:

1. Minor public facilities.

2. Parks, recreation and open lands, except neighborhood parks as defined by the Parks and Recreation Policy Plan.

(c) Industrial Uses:

1. Composting facilities.

(d) Agricultural Uses:

1. Animal boarding.

(3) The following land uses are permitted in the R-U-L District, subject to Planning and Zoning Board review:

(a) Residential Uses:

1. Single-family detached dwellings in residential cluster developments, except that such residential cluster developments shall, to the maximum extent feasible, be located at least one thousand three hundred twenty (1,320) feet (one-quarter [¼] mile) from the centerline of Interstate Highway 25 (I-25).

(b) Institutional/Civic/Public Uses:

1. Golf courses.

2. Riding academies.

3. Cemeteries.

(c) Industrial Uses:

1. Resource extraction processes and sales, except that such uses shall not be permitted in natural area protection buffers.

2. Small-scale and medium-scale solar energy systems.

(d) Accessory Uses:

1. Wireless Telecommunications Equipment, provided that it is not located within one thousand three hundred twenty (1,320) feet (one-quarter [¼] mile) of the centerline of either I-25 or Carpenter Road.

(C) Prohibited Uses. All uses that are not (1) expressly allowed as permitted uses in this Section or (2) determined to be permitted by the Director or the Planning and Zoning Board pursuant to Section 1.3.4 of this Land Use Code shall be prohibited.

(D) Land Use Standards.

(1) Residential Density.

(a) Single-family detached maximum residential density shall be one (1) dwelling unit per ten (10) acres.

(b) Residential cluster development density shall be based on one (1) dwelling unit per one hundred thousand (100,000) square feet measured on the entire site.

(c) Resource management area, density of residential cluster development shall be calculated as follows: The total acres of the subject parcel, less any area that is within a one-hundred-year floodway or covered by a body of water, multiplied by 0.5, equivalent to one (1) dwelling unit per two (2) acres.

(2) Airport Critical Area - No Residential Use. No residential use shall be permitted within the designated Airport Critical Area.

(3) Dimensional Standards.

(a) A setback area of at least eighty (80) feet shall be provided along arterial streets, measured from the right-of-way.

(b) Single-family detached dwellings on lots containing at least ten (10) acres:

1. Minimum lot width shall be two hundred (200) feet.

2. Minimum depth of the front yard shall be sixty (60) feet.

3. Minimum depth of the rear yard shall be fifty (50) feet.

4. Minimum side yard shall be fifty (50) feet.

(c) Single-family detached dwellings in residential cluster developments:

1. Minimum lot width shall be sixty (60) feet.

2. Minimum depth of the rear yard shall be fifteen (15) feet.

(d) Maximum building height for single-family detached dwellings shall be three (3) stories.

(E) Development Standards.

(1) Street Connectivity and Design. The following standards shall apply to all development in the Rural Lands District:

(a) Development in this District shall be exempt from the standards contained in Section 3.6.3, Street Pattern and Connectivity Standards.

(b) The layout and design of any new streets shall emphasize characteristics and views of the open landscape. To the maximum extent feasible, streets shall be designed to minimize the amount of site disturbance caused by roadway and associated grading required for their construction by utilizing special street design characteristics such as divided lanes, landscape islands and landscape solutions to drainage instead of standard curb and gutter (so that storm water runoff is directed into open swales and ditches). Local and residential access roads shall be designed without curbs and gutters unless deemed necessary for health and safety by the City Engineer.

(2) Residential Development Configuration. Residential development may be configured as lots containing at least ten (10) acres, or as a residential cluster development, at the option of the applicant, except in the Fossil Creek Reservoir Resource Management Area where clustering shall be required.

(3) Site Design for Residential Cluster Development. Property in the Rural Lands District may be developed in clusters, subject to approval by the Planning and Zoning Board. In a cluster development, lot sizes may be reduced in order to cluster the dwellings together on twenty (20) percent of the property, with the remainder of the property permanently preserved as private open space.

(a) At least eighty (80) percent of the residual gross land area of the proposed development shall remain under private ownership, as private open space protected by restrictive covenants for the benefit of the city, and/or by maintaining existing dwellings and any outbuildings, protected by restrictive covenants binding upon either: (1) existing residential owners; (2) the residential homeowners' association if it owns such property; or (3) a nonprofit organization acceptable to the city, if it owns such property. The development plan shall include such restrictive provisions protected by restrictive covenants for the benefit of the city, proposed uses, and maintenance provisions as necessary to ensure the continuation of the private open space uses intended. The city may also require that the developer commit in the development agreement to maintain the open space.

(b) Only the uses specifically permitted in subsection (B) above shall be allowed in the cluster development. For the residual open land, existing dwellings and/or outbuildings relating to agricultural use are allowed to remain and, if included, may be applied toward the total allowed residential density in the development.

(c) The design of the cluster development shall be appropriate for the site, as demonstrated by meeting the following criteria:

1. The preservation of significant natural resources, wildlife habitat, natural areas and features such as drainage swales, rock outcroppings and slopes, native vegetation, open lands or agricultural property through maintenance of large, contiguous blocks of land and other techniques. Residual land shall be designed to achieve the maximum amount of contiguous open space possible, while avoiding the creation of small, isolated and unusable areas.

2. The provision of additional amenities such as trails, common areas or access to public recreational areas and open space. Residual lands shall not include any street rights-of-way or parking areas.

3. The protection of adjacent residential development through landscaping, screening, fencing, buffering or similar measures.

4. The layout of lots to conform to terrain and minimize grading and filling, including the preservation of natural features such as drainage swales, rock outcroppings and slopes.

5. The indication of any areas where farm animals will be allowed, including any mitigation features needed to buffer these areas from surrounding uses.

(Ord. No. 131, 2006 §2, 9/19/06; Ord. No. 192, 2006 §14, 12/19/06; Ord. No. 081, 2007 §7, 7/17/07; Ord. No. 073, 2008 §24, 7/1/08; Ord. No. 066, 2009 §15, 7/7/09; Ord. No. 096, 2013 §2, 7/16/13; Ord. No. 086, 2014 §43, 7/1/14)


DIVISION 4.2 URBAN ESTATE DISTRICT (U-E)Go to the top

(A) Purpose. The Urban Estate District is intended to be a setting for a predominance of low-density and large-lot housing. The main purposes of this District are to acknowledge the presence of the many existing subdivisions which have developed in these uses that function as parts of the community and to provide additional locations for similar development, typically in transitional locations between more intense urban development and rural or open lands.

(B) Permitted Uses.

(1) The following uses are permitted in the U-E District, subject to basic development review, provided that such uses are located on lots that are part of an approved site-specific development plan:

(a) Accessory/Miscellaneous Uses:

1. Accessory buildings.

2. Accessory uses.

3. Farm animals.

4. Urban agriculture.

(b) Any use authorized pursuant to a site specific development plan that was processed and approved either in compliance with the Zoning Code in effect on March 27, 1997, or in compliance with this Land Use Code (other than a final subdivision plat, or minor subdivision plat, approved pursuant to Section 29-643 or 29-644 of prior law, for any nonresidential development or any multi-family dwelling containing more than four [4] dwelling units), provided that such use shall be subject to all of the use and density requirements and conditions of said site specific development plan.

(c) Any use which is not hereafter listed as a permitted use in this zone district but which was permitted for a specific parcel of property pursuant to the zone district regulations in effect for such parcel on March 27, 1997; and which physically existed upon such parcel on March 27, 1997; provided, however, that such existing use shall constitute a permitted use only on such parcel of property.

(d) Institutional/Civic/Public Uses:

1. Neighborhood parks as defined by the Parks and Recreation Policy Plan.

(e) Residential Uses:

1. Shelters for victims of domestic violence.

(2) The following uses are permitted in the U-E District, subject to administrative review:

(a) Residential Uses:

1. Single-family detached dwellings.

2. Two-family dwellings.

3. Single-family attached dwellings.

4. Group homes for up to eight (8) developmentally disabled or elderly persons.

(b) Institutional/Civic/Public Uses:

1. Minor public facilities.

2. Parks, recreation and other open lands, except neighborhood parks as defined by the Parks and Recreation Policy Plan.

3. Cemeteries.

(c) Accessory/Miscellaneous Uses:

1. Farm animals.

(3) The following uses are permitted in the U-E District, subject to Planning and Zoning Board review:

(a) Residential Uses:

1. Residential cluster developments.

(b) Institutional/Civic/Public Uses:

1. Public and private schools for elementary, intermediate and high school education.

2. Places of worship or assembly.

3. Golf courses.

4. Wildlife rescue and education centers.

(c) Commercial/Retail Uses:

1. Child care centers.

2. Bed and breakfast establishments with no more than six (6) beds.

3. Plant nurseries and greenhouses.

4. Animal boarding (limited to farm/large animals).

5. Adult day/respite care centers.

6. Small scale reception centers.

(d) Industrial Uses:

1. Resource extraction, processes and sales.

2. Composting facilities.

3. Small-scale and medium-scale solar energy systems.

(e) Accessory/Miscellaneous Uses:

1. Accessory buildings containing more than two thousand five hundred (2,500) square feet or floor area.

2. Wireless telecommunication equipment.

(C) Prohibited Uses. All uses that are not (1) expressly allowed as permitted uses in this Section or (2) determined to be permitted by the Director or the Planning and Zoning Board pursuant to Section 1.3.4 of this Land Use Code, shall be prohibited.

(D) Land Use Standards.

(1) Density/Intensity. All development shall meet the following requirements:

(a) Overall average density shall not exceed two (2) dwelling units per gross acre.

(b) Lot sizes shall be one-half (½) acre or larger for dwellings that are not clustered in accordance with the standards set forth in this Division.

(2) Dimensional Standards.

(a) Minimum lot width shall be one hundred (100) feet, except that the minimum lot width for a single-family dwelling on a lot located in a subdivision that was developed pursuant to the R-L District standards prior to March 28, 1997, shall be sixty (60) feet.

(b) Minimum depth of the front yard shall be thirty (30) feet, except that the minimum depth of the front yard for a single-family dwelling on a lot located in a subdivision that was developed pursuant to the R-L district standards prior to March 28, 1997, shall be twenty (20) feet.

(c) Minimum depth of the rear yard shall be twenty-five (25) feet, except that the minimum depth of the rear yard for a single-family dwelling on a lot located in a subdivision that was developed pursuant to the R-L district standards prior to March 28, 1997, shall be fifteen (15) feet.

(d) Minimum side yard width shall be twenty (20) feet, except that the minimum depth of the side yard for a single-family dwelling on a lot located in a subdivision that was developed pursuant to the R-L district standards prior to March 28, 1997, shall be fifteen (15) feet on the street side of any corner lot and five (5) feet for all interior side yards.

(e) Maximum building height shall be three (3) stories.

(E) Development Standards.

(1) Street Connectivity and Design. The following standards shall apply to all development in the Urban Estate District:

(a) To the maximum extent feasible, development in this District shall comply with the standards contained in Section 3.6.3, Street Pattern and Connectivity Standards, in order to provide integration between neighborhoods.

(b) Development in this District shall be exempt from the standards contained in Section 3.6.3, Street Pattern and Connectivity Standards.

(2) Site Design for Residential Cluster Development. Sites in the Urban Estate District may be developed in clusters according to the cluster development standards established below, subject to approval by the Planning and Zoning Board. In a cluster development, lot sizes may be reduced in order to cluster the dwellings together on a portion of the property, with the remainder of the property permanently preserved as public or private open space. The following standards shall apply to cluster development in this District:

(a) Only uses permitted in subsection (B) shall be allowed.

(b) Cluster development shall set aside at least fifty (50) percent of the total land area of the proposed development as private or public open space that is permanently preserved as open space through dedication of ownership, if acceptable to the City, or placement of an appropriate easement granted to the City or other nonprofit organization acceptable to the City, with such restrictive provisions and future interests as may be necessary to ensure the continuation of the open space use intended. As a condition of approval, the City may also require the property owners to maintain the dedicated open space to city standards through a maintenance agreement.

(c) Minimum lot sizes do not apply provided that the overall average density of the proposed development does not exceed two (2) dwelling units per gross acre and the density of the cluster development does not exceed five (5) dwelling units per net acre.

(d) Building envelopes shall be identified on the cluster development, and the residential building setbacks, lot width and lot size shall conform to Section 3.5.2(D). The maximum residential building height shall be two and one-half (2½) stories.

(e) The design of the cluster development shall be appropriate for the site, as demonstrated by compliance with all of the following criteria:

1. preservation of significant natural resources, natural areas and features, native vegetation, open lands or agricultural property through maintenance of large, contiguous blocks of land and other techniques;

2. provision of additional amenities such as parks, trails, common areas or access to public recreational areas and open space.

3. minimizing the visual intrusion of dwellings and other structures and the blocking of vistas to the foothills and prominent mountain vistas by avoiding building in the center of a meadow or open area.

4. protection of adjacent residential development through landscaping, screening, fencing, buffering or similar measures.

5. designing the layout of lots on the cluster development so as to conform to terrain, and locating such lots so that grading and filling are kept to a minimum, and natural features such as drainage swales, rock outcroppings and slopes are retained.

6. if farm animals are intended to be allowed within the area, indicating those portions of the area to be developed that will be reserved for the keeping of farm animals and the mitigation efforts used to buffer these areas from surrounding uses.

(F) Development Standards for the I-25 Corridor. Development located within one thousand three hundred twenty (1,320) feet (one-quarter [¼] mile) of either side of the centerline of I-25 shall be subject to the requirements of Division 3.9.

(Ord. No. 122, 1997 §55, 8/5/97; Ord. No. 90, 1998, 5/19/98; Ord. No. 228, 1998 §36, 12/15/98; Ord. No. 165, 1999 §32, 11/16/99; Ord. No. 204, 2001 §1, 12/18/01; Ord. No. 087, 2002 §23, 6/4/02; Ord. No. 090, 2003 §11, 6/17/03; Ord. No. 120, 2003 §3, 9/02/03; Ord. No. 056, 2004 §3, 4/20/04; Ord. No. 091, 2004 §25, 6/15/04; Ord. No. 070, 2005 §13, 7/5/05; Ord. No. 161, 2005 §9, 12/20/05; Ord. No. 104, 2006 §13, 7/18/06; Ord. No. 131, 2006 §3, 9/19/06; Ord. No. 192, 2006 §15, 12/19/06; Ord. No. 081, 2007 §8, 7/17/07; Ord. No. 073, 2008 §24, 7/1/08; Ord. No. 066, 2009 §16, 7/7/09; Ord. No. 120, 2011 §§16, 17, 9/20/2011; Ord. 096, 2013 §3, 7/16/13; Ord. No. 086, 2014 §44, 7/1/14)


DIVISION 4.3 RESIDENTIAL FOOTHILLS DISTRICT (R-F)Go to the top

(A) Purpose. The Residential Foothills District designation is for low density residential areas located near the foothills.

(B) Permitted Uses.

(1) The following uses are permitted in the R-F District, subject to basic development review, provided that such uses are located on lots that are part of an approved site specific development plan:

(a) Accessory/Miscellaneous Uses:

1. Accessory buildings.

2. Accessory uses.

3. Urban agriculture.

(b) Any use authorized pursuant to a site specific development plan that was processed and approved either in compliance with the Zoning Code in effect on March 27, 1997, or in compliance with this Land Use Code (other than a final subdivision plat, or minor subdivision plat, approved pursuant to Section 29-643 or 29-644 of prior law, for any nonresidential development or any multi-family dwelling containing more than four [4] dwelling units), provided that such use shall be subject to all of the use and density requirements and conditions of said site specific development plan.

(c) Any use which is not hereafter listed as a permitted use in this zone district but which was permitted for a specific parcel of property pursuant to the zone district regulations in effect for such parcel on March 27, 1997; and which physically existed upon such parcel on March 27, 1997; provided, however, that such existing use shall constitute a permitted use only on such parcel of property.

(d) Institutional/Civic/Public Uses:

1. Neighborhood parks as defined by the Parks and Recreation Policy Plan.

(e) Residential Uses:

1. Shelters for victims of domestic violence.

(2) The following uses are permitted in the R-F District, subject to administrative review:

(a) Institutional/Civic/Public Uses:

1. Parks, recreation and other open lands, except neighborhood parks as defined by the Parks and Recreation Policy Plan.

(b) Accessory/Miscellaneous Uses:

1. Farm animals.

(3) The following uses are permitted in the R-F District, subject to review by the Planning and Zoning Board:

(a) Residential Uses:

1. Single-family detached dwellings.

2. Residential cluster developments.

3. Group homes.

(b) Institutional/Civic/Public Uses:

1. Public and private schools for elementary, intermediate and high school education.

2. Places of worship or assembly.

3. Minor public facilities.

4. Wildlife rescue and education centers.

(c) Industrial uses:

1. Small-scale and medium-scale solar energy systems.

(d) Accessory/Miscellaneous Uses:

1. Wireless telecommunications equipment.

(C) Prohibited Uses. All uses that are not (1) expressly allowed as permitted uses in this Section or (2) determined to be permitted by the Director or the Planning and Zoning Board pursuant to Section 1.3.4 of this Land Use Code shall be prohibited.

(D) Land Use Standards.

(1) Density/Intensity of Development.

(a) Minimum lot area shall not be less than one hundred thousand (100,000) square feet (2.29 acres).

(2) Dimensional Standards.

(a) Minimum lot width shall be two hundred (200) feet.

(b) Minimum depth of the front yard shall be sixty (60) feet.

(c) Minimum depth of the rear yard shall be fifty (50) feet.

(d) Minimum side yard width shall be fifty (50) feet.

(e) Maximum building height shall be three (3) stories.

(3) Location. No elevation of any building built on a lot in the R-F District shall extend above five thousand two hundred fifty (5,250) feet above mean sea level.

(E) Development Standards.

(1) Street Connectivity and Design. The following standards shall apply to all development in the Foothills Residential District:

(a) To the maximum extent feasible, streets shall be designed to minimize the amount of site disturbance caused by roadway and associated grading required for their construction.

(b) Development in this District shall be exempt from the standards contained in Section 3.6.3, Street Pattern and Connectivity Standards.

(2) Site Design for Residential Cluster Development. Property in the Foothills Residential District may be developed in clusters, subject to approval by the Planning and Zoning Board. In a cluster development, lot sizes may be reduced in order to cluster the dwellings together on a portion of the property, with the remainder of the property permanently preserved as public or private open space. The following standards shall apply to cluster developments in this District:

(a) Only the uses specifically permitted in subsection (B) above shall be allowed.

(b) Minimum lot sizes may be waived by the Planning and Zoning Board, provided that the overall density of the cluster development is not greater than one (1) unit per gross acre.

(c) A cluster development shall set aside at least fifty (50) percent of the total land area of the proposed development as private or public open space that is permanently preserved as open space through dedication of ownership, if acceptable to the city, or placement of an appropriate easement granted to the city or other nonprofit organization acceptable to the city, with such restrictive provisions and future interests as may be necessary to ensure the continuation of the open space use intended. As a condition of approval, the city may also require the property owners to maintain the dedicated open space to city standards through a maintenance agreement.

(d) Building envelopes shall be identified on the cluster development, and the minimum area of lot, minimum width of lot, minimum front yard, minimum rear yard, minimum side yard and maximum building height shall conform to the requirements established in the R-L Residential Low Density District.

(e) The design of the cluster development shall be appropriate for the site, as demonstrated by meeting the following criteria:

1. preservation of significant natural resources, natural areas and features, native vegetation, open lands or agricultural property through maintenance of large, contiguous blocks of land and other techniques.

2. provision of additional amenities such as parks, trails, common areas or access to public recreational areas and open space.

3. minimizing the visual intrusion by dwellings and other structures and blocking of vistas to the foothills and prominent mountain vistas by avoiding building in the center of a meadow or open area.

4. protection of adjacent residential development through landscaping, screening, fencing, buffering or similar measures.

5. the layout of lots on the cluster development is designed to conform to terrain and is located so that grading and filling are kept to a minimum. Natural features such as drainage swales, rock outcroppings and slopes shall be preserved.

6. taking into account the unique micro-climate of the foothills so that building envelopes are selected and individual structures are built for protection from high winds and to function with maximum conservation of energy.

7. if farm animals are intended to be allowed within the area, indicating those portions of the area to be developed that will be reserved for the keeping of farm animals and the mitigation efforts used to buffer these areas from surrounding uses.

(Ord. No. 90, 1998, 5/19/98; Ord. No. 99, 1999 §17, 6/15/99; Ord. No. 204, 2001 §1, 12/18/01; Ord. No. 104, 2006 §14, 7/18/06; Ord. No. 131, 2006 §3, 9/19/06; Ord. No. 192, 2006 §§16, 17, 12/19/06; Ord. No. 081, 2007 §9, 7/17/07; Ord. No. 073, 2008 §24, 7/1/08; Ord. No. 066, 2009 §17, 7/7/09; Ord. No. 096, 2013 §4, 7/16/13; Ord. No. 086, 2014 §45, 7/1/14)


DIVISION 4.4 LOW DENSITY RESIDENTIAL DISTRICT (R-L)Go to the top

(A) Purpose. The R-L Low Density Residential District designation is intended for predominately single-family residential areas located throughout the city which were existing at the time of adoption of this Land Use Code.

(B) Permitted Uses.

(1) The following uses are permitted in the R-L District, subject to basic development review, provided that such uses are located on lots that are part of an approved site specific development plan:

(a) Residential Uses:

1. Single-family detached dwellings.

2. Shelters for victims of domestic violence.

(b) Accessory/Miscellaneous Uses:

1. Accessory buildings.

2. Accessory uses.

3. Urban agriculture.

(c) Any use authorized pursuant to a site specific development plan that was processed and approved either in compliance with the Zoning Code in effect on March 27, 1997, or in compliance with this Land Use Code (other than a final subdivision plat, or minor subdivision plat, approved pursuant to Section 29-643 or 29-644 of prior law, for any nonresidential development or any multi-family dwelling containing more than four [4] dwelling units), provided that such use shall be subject to all of the use and density requirements and conditions of said site specific development plan.

(d) Any use which is not hereafter listed as a permitted use in this zone district but which was permitted for a specific parcel of property pursuant to the zone district regulations in effect for such parcel on March 27, 1997; and which physically existed upon such parcel on March 27, 1997; provided, however, that such existing use shall constitute a permitted use only on such parcel of property.

(e) Institutional/Civic/Public Uses:

1. Neighborhood parks as defined by the Parks and Recreation Policy Plan.

(2) The following uses are permitted in the R-L District, subject to administrative review:

(a) Residential Uses:

1. Single-family detached dwellings.

(b) Institutional/Civic/Public Uses:

1. Parks, recreation and other open lands, except neighborhood parks as defined by the Parks and Recreation Policy Plan.

2. Minor public facilities.

3. Places of worship or assembly.

(3) The following uses are permitted in the R-L District, subject to review by the Planning and Zoning Board:

(a) Residential Uses:

1. Group homes.

(b) Institutional/Civic/Public Uses:

1. Public and private schools for elementary, intermediate and high school education.

2. Community facilities.

3. Wildlife rescue and education centers.

(c) Commercial/Retail Uses:

1. Child care centers, provided that no child care center shall be permitted to be located in this zone district on property which is within one thousand five hundred (1,500) feet of any existing child care center within the city. For the purpose of this provision, the distance between an existing child care center and the property on which a child care center is proposed to be built shall be measured in a straight line from the closest point on the boundary line of the property on which the existing child care center is located to the closest point on the boundary of the property on which the proposed child care center is to be located.

2. Adult day/respite care centers.

(d) Industrial Uses:

1. Small-scale and medium-scale solar energy systems.

(e) Accessory/Miscellaneous Uses:

1. Wireless telecommunication equipment.

(C) Prohibited Uses. All uses that are not (1) expressly allowed as permitted uses in this Section or (2) determined to be permitted by the Director or the Planning and Zoning Board pursuant to Section 1.3.4 of this Land Use Code shall be prohibited.

(D) Land Use Standards.

(1) Density. All development in the Low Density Residential District shall have a minimum lot area the equivalent of three (3) times the total floor area of the building but not less than six thousand (6,000) square feet.

(2) Dimensional Standards.

(a) Minimum lot width shall be sixty (60) feet for a single-family dwelling or child-care center and one hundred (100) feet for all other uses.

(b) Minimum setback of the front yard shall be twenty (20) feet.

(c) Minimum setback of the rear yard shall be fifteen (15) feet, except that the minimum setback of alley-accessed garages shall be six (6) feet.

(d) For residential uses, the minimum side yard width shall be fifteen (15) feet on the street side of any corner lot and five (5) feet for all interior side yards. For all other uses, the minimum side yard width shall be the equivalent of one (1) foot for each three (3) feet or fraction thereof of building height, provided that for school or church uses no side yard shall be less than twenty-five (25) feet wide.

(e) Maximum building height shall be twenty-eight (28) feet for a single-family dwelling, accessory building, group home or child care center and three (3) stories for all other uses.

(Ord. No. 90, 1998, 5/19/98; Ord. No. 204, 2001 §1, 12/18/01; Ord. No. 090, 2003 §11, 6/17/03; Ord. No. 091, 2004 §26, 6/15/04; Ord. No. 104, 2006 §15, 7/18/06; Ord. No. 131, 2006 §3, 9/19/06; Ord. No. 192, 2006 §18, 12/19/06; Ord. No. 073, 2008 §24, 7/1/08; Ord. No. 066, 2009 §18, 7/7/09; Ord. No. 096, 2013 §5, 7/16/13; Ord. No. 086, 2014 §46, 7/1/14)


DIVISION 4.5 LOW DENSITY MIXED-USE NEIGHBORHOOD DISTRICT (L-M-N)Go to the top

(A) Purpose. The Low Density Mixed-Use Neighborhood District is intended to be a setting for a predominance of low density housing combined with complementary and supporting land uses that serve a neighborhood and are developed and operated in harmony with the residential characteristics of a neighborhood. The main purpose of the District is to meet a wide range of needs of everyday living in neighborhoods that include a variety of housing choices, that invite walking to gathering places, services and conveniences, and that are fully integrated into the larger community by the pattern of streets, blocks, and other linkages. A neighborhood center provides a focal point, and attractive walking and biking paths invite residents to enjoy the center as well as the small neighborhood parks. Any new development in this District shall be arranged to form part of an individual neighborhood.

Typically, Low Density Neighborhoods will be clustered around and integral with a Medium Density Mixed-Use Neighborhood with a Neighborhood Commercial Center at its core. For the purposes of this Division, a neighborhood shall be considered to consist of approximately eighty (80) to one hundred sixty (160) acres, with its edges typically consisting of major streets, drainageways, irrigation ditches, railroad tracks and other major physical features.

(B) Permitted Uses.

(1) The following uses are permitted in the L-M-N District, subject to basic development review, provided that such uses are located on lots that are part of an approved site specific development plan:

(a) Accessory/Miscellaneous Uses:

1. Accessory buildings.

2. Accessory uses.

3. Urban agriculture.

(b) Any use authorized pursuant to a site specific development plan that was processed and approved either in compliance with the Zoning Code in effect on March 27, 1997, or in compliance with this Land Use Code (other than a final subdivision plat, or minor subdivision plat, approved pursuant to Section 29-643 or 29-644 of prior law, for any nonresidential development or any multi-family dwelling containing more than four [4] dwelling units), provided that such use shall be subject to all of the use and density requirements and conditions of said site specific development plan.

(c) Any use which is not hereafter listed as a permitted use in this zone district but which was permitted for a specific parcel of property pursuant to the zone district regulations in effect for such parcel on March 27, 1997; and which physically existed upon such parcel on March 27, 1997; provided, however, that such existing use shall constitute a permitted use only on such parcel of property.

(d) Institutional/Civic/Public Uses:

1. Neighborhood parks as defined by the Parks and Recreation Policy Plan.

(e) Residential Uses:

1. Shelters for victims of domestic violence for up to fifteen (15) residents.

(2) The following uses are permitted in the L-M-N District, subject to administrative review:

(a) Residential Uses:

1. Single-family detached dwellings.

2. Two-family dwellings.

3. Single-family attached dwellings.

4. Any residential use consisting in whole or in part of multi-family dwellings (limited to eight [8] or less dwelling units per building) that contain fifty (50) dwelling units or less, and seventy-five (75) bedrooms or less.

5. Group homes for up to eight (8) developmentally disabled or elderly persons.

6. Mixed-use dwellings.

7. Extra occupancy rental houses with four (4) or more tenants.

(b) Institutional/Civic/Public Uses:

1. Places of worship or assembly with a building footprint which does not exceed a total of twenty-five thousand (25,000) square feet.

2. Public and private schools for college, university, vocational and technical education, provided they are located within five hundred (500) feet of East Vine Drive or railroad property abutting and parallel to East Vine Drive.

3. Minor public facilities.

4. Parks, recreation and other open lands, except neighborhood parks as defined by the Parks and Recreation Policy Plan.

5. Cemeteries.

6. Community facilities.

7. Neighborhood support/recreational facilities.

(c) Commercial/Retail Uses:

1. Bed and breakfast establishments with six (6) or fewer beds.

2. Child care centers.

3. Neighborhood centers consisting of at least two (2) of the following uses: mixed-use dwelling units; retail stores; convenience retail stores; personal and business service shops; small animal veterinary facilities; offices, financial services and clinics; community facilities; neighborhood support/ recreation facilities; schools; child care centers; limited indoor recreation establishments; open-air farmers markets; and places of worship or assembly.

4. Adult day/respite care centers.

(3) The following uses are permitted in the L-M-N District, subject to Planning and Zoning Board review:

(a) Residential Uses:

1. Mobile home parks.

2. Group homes, other than allowed in subparagraph (2)(a)5 above.

3. Any residential use consisting in whole or in part of multi-family dwellings that contain more than eight (8) units per building, or more than fifty (50) dwelling units, or more than seventy-five (75) bedrooms.

(b) Institutional/Civic/Public Uses:

1. Public and private schools for elementary, intermediate and high school education, and for vocational and technical training.

2. Golf courses.

3. Long-term care facilities.

4. Places of worship or assembly with a building footprint which exceeds a total of twenty-five thousand (25,000) square feet.

5. Wildlife rescue and education centers, provided that they are located within one thousand (1,000) feet of East Vine Drive.

(c) Commercial/Retail Uses:

1. Neighborhood centers consisting of one (1) or more of the following uses: standard and fast food restaurants (without drive-in or drive-through facilities); artisan and photography studios and galleries; or convenience retail stores with fuel sales that are at least three-quarters (¾) mile from any other such use and from any gasoline station; provided that such use or uses are combined with at least one (1) other use listed in Section (B)(2)(c)3 above.

2. Enclosed mini-storage facilities, provided that they are located on property adjoining the railroad property abutting and parallel to East Vine Drive, and are located within five hundred (500) feet of such railroad property.

3. Limited indoor recreation establishments, provided that they are located within five hundred (500) feet of East Vine Drive or of the railroad property abutting and parallel to East Vine Drive.

4. Offices, financial services, clinics and artisan and photography studios and galleries which are not part of a neighborhood center.

(d) Industrial Uses (provided they are located within five hundred [500] feet of East Vine Drive):

1. Workshops and custom small industry.

2. Light industrial (production, assembly, packaging).

3. Small-scale and medium-scale solar energy systems.

(e) Accessory/Miscellaneous Uses:

1. Wireless telecommunication equipment.

(C) Prohibited Uses. All uses that are not (1) expressly allowed as permitted uses in this Section or (2) determined to be permitted by the Director or the Planning and Zoning Board pursuant to Section 1.3.4 of this Land Use Code shall be prohibited.

(D) Land Use Standards.

(1) Density.

(a) Residential developments in the Low Density Mixed-Use Neighborhood District shall have an overall minimum average density of four (4) dwelling units per net acre of residential land, except that residential developments (whether overall development plans or project development plans) containing twenty (20) acres or less shall have an overall minimum average density of three (3) dwelling units per net acre of residential land.

(b) The maximum density of any development plan taken as a whole shall be nine (9) dwelling units per gross acre of residential land, except that affordable housing projects (whether approved pursuant to overall development plans or project development plans) containing ten (10) acres or less may attain a maximum density, taken as a whole, of twelve (12) dwellings units per gross acre of residential land.

(c) The maximum density of any phase in a multiple-phase development plan shall be twelve (12) dwelling units per gross acre of residential land, and the maximum density of any portion of a phase containing a grouping of two (2) or more multi-family structures shall be twelve (12) dwelling units per gross acre of residential land.

(2) Mix of Housing. A mix of permitted housing types shall be included in any individual development plan, to the extent reasonably feasible, depending on the size of the parcel. In order to promote such variety, the following minimum standards shall be met:

(a) A minimum of three (3) housing types shall be required on any project development plan containing twenty (20) acres or more, including such plans that are part of a phased overall development; and a minimum of four (4) housing types shall be required on any such project development plan containing thirty (30) acres or more.

(b) To the maximum extent feasible, housing types, block dimensions, garage placement, lot sizes and lot dimensions shall be significantly and substantially varied to avoid repetitive rows of housing and monotonous streetscapes. For example, providing distinct single-family detached dwellings or two-family dwellings on larger lots and on corners and providing small lot single-family dwellings on smaller lots abutting common open spaces fronting on streets are methods that accomplish this requirement.

(c) The following list of housing types shall be used to satisfy this requirement:

1. Single-family detached dwellings with rear loaded garages.

2. Single-family detached dwellings with front or side loaded garages.

3. Small lot single-family detached dwellings (lots containing less than four thousand [4,000] square feet or with lot frontages of forty [40] feet or less) if there is a difference of at least two thousand (2,000) square feet between the average lot size for small lot single-family detached dwellings and the average lot size for single-family detached dwellings with front or side loaded garages.

4. Two-family dwellings.

5. Single-family attached dwellings.

6. Mixed-use dwelling units.

7. Multi-family dwellings containing more than three (3) to four (4) units per building;

8. Multi-family dwellings containing five (5) to seven (7) units per building.

9. Multi-family dwellings containing more than seven (7) units per building (limited to twelve [12] dwelling units per building).

10. Mobile home parks.

(d) A single housing type shall not constitute more than eighty (80) percent or less than five (5) percent of the total number of dwelling units.

(3) Neighborhood Centers.

(a) Access to Neighborhood Center. At least ninety (90) percent of the dwellings in all development projects greater than forty (40) acres shall be located within three thousand nine hundred sixty (3,960) feet (three-quarter [¾] mile) of either a neighborhood center contained within the project, or an existing neighborhood center located in an adjacent development, or an existing or planned Neighborhood Commercial District commercial project, which distance shall be measured along street frontage, and without crossing an arterial street. Neighborhood centers shall meet the requirements contained in subparagraphs (b) through (e) below.

(b) Location. A neighborhood center shall be planned as an integral part of surrounding residential development and located where the network of local streets provides direct access to the center. Neighborhood centers that are located on arterial streets and that include retail uses or restaurants shall be spaced at least three thousand nine hundred sixty (3,960) feet (three-quarters [¾] mile) apart.

(c) Land Use Requirements. A neighborhood center shall include two (2) or more of the following uses: mixed-use dwelling units; community facilities; neighborhood support/recreation facilities; schools; child care centers; places of worship or assembly; convenience retail stores; retail stores; offices, financial services and clinics with less than five thousand (5,000) square feet of building footprint area; personal or business service shops; standard or fast food restaurants (without drive-in or drive-through facilities); small animal veterinary clinics; convenience retail stores with fuel sales that are at least three-quarters (¾) mile from any other such use and from any gasoline station; and artisan or photography studios or galleries. No drive-in facilities shall be permitted. A neighborhood center shall not exceed (5) acres in size, excluding such portion of the neighborhood center which is composed of a school, park, place of worship or assembly and/or outdoor space as defined in subparagraph (e) of this Section.

(d) Design and Access. The design of neighborhood centers shall be integrated with surrounding residential areas by matching the scale of nearby residential buildings; providing direct access from surrounding residential areas; creating usable outdoor spaces; orienting building entrances to connecting walkways; and, to the extent reasonably feasible, maintaining/continuing the architectural themes or character of nearby neighborhoods.

(e) Outdoor Spaces. A publicly accessible outdoor space such as a park, plaza, pavilion or courtyard shall be included within or adjacent to every neighborhood center to provide a focal point for such activities as outdoor gatherings, neighborhood events, picnicking, sitting and passive and active recreation.

(4) Blocks of Nonresidential Uses Along East Vine Drive. In order to establish a buffer and transition from rail switching and industrial uses to the south, certain uses are permitted along East Vine Drive, subject to the criteria below. Any development project that proposes uses which are only permitted in the Zone District along East Vine Drive shall comply with the following criteria:

(a) Any such development shall consist of multiple buildings cohesively planned and designed.

(b) Any such development project must occupy at least one (1) entire block face, with East Vine Drive forming one (1) side of the development project.

(c) A single tier of buildings facing only one (1) side of an internal street shall be permitted to a maximum depth of three hundred (300) feet.

(d) A double tier(s) of buildings facing both sides of an internal street, with the land use boundary change occurring along a mid-block line, shall be permitted to a depth of five hundred (500) feet.

(e) To the extent reasonably feasible, loading docks, service bays and garage doors shall not face East Vine Drive. The intent is for such facilities to face side yards or other internal site areas and not public streets. If it is not reasonably feasible to accommodate the function of the intended use without such facilities facing East Vine Drive, then such facilities shall be completely incorporated into the architectural design of the building according to the provisions of this Land Use Code.

(f) Any enclosed mini-storage facility shall include a caretaker's dwelling facing a local or collector street, and any storage unit building frontage along the street shall consist only of rear walls of storage unit buildings and landscaping. Fencing along streets shall be wrought iron, or its visual equivalent, and any fencing along streets that exceeds four (4) feet in height shall be placed in segments between buildings, and not as a continuous perimeter fence.

(5) Facing Uses. To the extent reasonably feasible, land use boundaries in neighborhoods shall occur at mid-block locations rather than at streets, so that similar buildings face each other.

(6) Small Neighborhood Parks. Either a neighborhood park or a privately owned park, that is at least one (1) acre in size, shall be located within a maximum of one-third (1/3) mile of at least ninety (90) percent of the dwellings in any development project of ten (10) acres or larger as measured along street frontage. Such parks shall meet the following criteria:

(a) Location. Such parks shall be highly visible, secure settings formed by the street layout and pattern of lots and easily observed from streets. Rear facades and rear yards of dwellings shall not abut more than two (2) sides or more than fifty (50) percent of the perimeter frontage of the park.

(b) Accessibility. All parts of such parks shall be safely and easily accessible by pedestrians and open to the public.

(c) Facilities. Such parks shall consist of multiple-use turf areas, walking paths, plazas, pavilions, picnic tables, benches or other features for various age groups to enjoy.

(d) Ownership and Maintenance. Such parks may, in the discretion of the city, be acquired by the city (through dedication or purchase), or be privately owned and maintained by the developer or property owners association.

(e) Storm Drainage. When integrating storm drainage and detention functions to satisfy this requirement, the design of such facilities shall not result in slopes or gradients that conflict with other recreational and civic purposes of the park.

(E) Development Standards.

(1) Streets and Blocks.

(a) Street System Block Size. The local street system provided by the development shall provide an interconnected network of streets in a manner that results in blocks of developed land bounded by connecting streets no greater than twelve (12) acres in size.

(b) Mid-Block Pedestrian Connections. If any block face is over seven hundred (700) feet long, then walkways connecting to other streets shall be provided at approximately mid-block or at intervals of at least every six hundred fifty (650) feet, whichever is less.

(2) Nonresidential and Mixed-Use Buildings.

(a) All nonresidential buildings permitted under this Section, including industrial buildings, shall meet the standards for Mixed-Use and Commercial Buildings in Section 3.5.3.

(b) Maximum Size. No building footprint shall exceed a total of twenty thousand (20,000) square feet, with the exception of schools and places of worship or assembly.

(c) Height. In order to encourage roof forms, dormers, windows, balconies and similar features associated with occupied space, to the extent reasonably feasible, buildings or parts of buildings shall be at least one and one-half (1.5) stories in height (with functional and occupied space under the roof). The maximum height shall be two and one-half (2.5) stories.

(d) Roof Form. Buildings shall have either: 1) sloped roofs; 2) combined flat and sloped roofs, provided that the sloped portion(s) forms a substantial part of the building and is related to the integral structure, entries and activity areas; or 3) flat roofs with building massing stepped or terraced back to form usable roof terrace area(s). The minimum pitch of any sloped roof shall be 6:12. Buildings containing more than four thousand (4,000) square feet of gross floor area shall have at least three (3) roof planes that are directly related to building facade articulations.

(e) Building Massing. No building permitted by this Section shall have a single undifferentiated mass with a footprint over ten thousand (10,000) square feet. For any building with a footprint in excess of ten thousand (10,000) square feet, walls that are greater than seventy-five (75) feet in length shall incorporate recesses or projections created by wall plane returns of at least thirty (30) feet; any such building shall be differentiated into multiple sections of mass in order to achieve proportions that are compatible in scale with adjacent residential neighborhoods.

(f) Orientation. Building entrances shall face and open directly onto the adjoining local street with parking and any service functions located in side or rear yards and incorporated into the development according to the provisions of this Code.

(g) Outdoor Storage. Outdoor storage shall be prohibited.

(h) Hours of Operation. The decision maker may limit hours of operation, hours when trucking and deliveries may occur, and other characteristics of the nonresidential uses in order to enhance the compatibility with residential uses.

(i) Drive-in Uses. Drive-in uses shall be prohibited.

(3) Maximum Residential Building Height. The maximum height of one-, two- and three-family dwellings shall be two and one-half (2.5) stories.

(4) Design Standards for Multi-Family Dwellings Containing More Than Eight (8) Dwelling Units and for Multi-Family Dwellings Containing between Four (4) and Eight (8) Dwelling Units When Three (3) or More Stories in Height. Each multi-family dwelling containing more than eight (8) dwelling units and each multi-family dwelling containing between four (4) and eight (8) dwelling units, when located in a building of three (3) stories in height, shall feature a variety of massing proportions, wall plane proportions, roof proportions and other characteristics similar in scale to those of single-family detached dwelling units, so that such larger buildings can be aesthetically integrated into the low density neighborhood. The following specific standards shall also apply to such multi-family dwellings:

(a) Maximum Number. The maximum number of dwelling units shall be twelve (12).

(b) Orientation and Setbacks. Setbacks from the property line of abutting property containing single- and two-family dwellings shall be twenty-five (25) feet.

(c) Variation Among Repeated Buildings. For any development containing at least five (5) but not more than seven (7) buildings, there shall be at least two (2) distinctly different building designs. For any such development containing more than seven (7) buildings, there shall be at least three (3) distinctly different building designs. For all developments, there shall be no more than two (2) similar buildings placed next to each other along a street or major walkway spine. Distinctly different building designs shall provide significant variation in footprint size and shape, architectural elevations and entrance features, within a coordinated overall theme of roof forms, massing proportions and other characteristics. To meet this standard, such variation shall not consist solely of different combinations of the same building features.

(d) Building Height. The maximum height of a multi-family building shall be three (3) stories. Buildings with a setback of less than fifty (50) feet facing a street or single- or two-family dwellings shall minimize the impact on the adjacent single- or two-family dwelling property by reducing the number of stories and terracing the roof lines over the occupied space.

(e) Entrances. Entrances shall be clearly identifiable and visible from the streets and public areas by incorporating use of architectural elements and landscaping.

(f) Roofs. Roof lines can be either sloped, flat or curved, but must include at least two (2) of the following elements:

1. The primary roof line shall be articulated through a variation or terracing in height, detailing and/or change in massing.

2. Secondary roofs shall transition over entrances, porches, garages, dormers, towers or other architectural projections.

3. Offsets in roof planes shall be a minimum of two (2) feet in the vertical plane.

4. Termination at the top of flat roof parapets shall be articulated by design details and/or changes in materials and color.

5. Rooftop equipment shall be hidden from view by incorporating equipment screens of compatible design and materials.

(g) Facades and Walls. Each multi-family dwelling shall be articulated with projections, recesses, covered doorways, balconies, covered box or bay windows and/or other similar features, dividing large facades and walls into human-scaled proportions similar to the adjacent single- or two-family dwellings, and shall not have repetitive, monotonous undifferentiated wall planes. Building facades shall be articulated with horizontal and/or vertical elements that break up blank walls of forty (40) feet or longer. Facade articulation can be accomplished by offsetting the floor plan, recessing or projection of design elements, change in materials and/or change in contrasting colors. Projections shall fall within setback requirements.

(h) Colors and Materials. Colors of nonmasonry materials shall be varied from structure to structure to differentiate between buildings and provide variety and individuality. Colors and materials shall be integrated to visually reduce the scale of the buildings by contrasting trim, by contrasting shades or by distinguishing one (1) section or architectural element from another. Bright colors, if used, shall be reserved for accent and trim.

(i) Maximum Floor Area. The maximum gross floor area (excluding garages) shall be fourteen thousand (14,000) square feet.

(Ord. No. 90, 1998, 5/19/98; Ord. No. 228, 1998 §37, 12/15/98; Ord. No. 41, 1999 §§5, 6, 3/16/99; Ord. No. 99, 1999 §18, 6/15/99; Ord. No. 165, 1999 §§33—35, 11/16/99; Ord. No. 59, 2000 §§28—31, 6/6/00; Ord. No. 183, 2000 §§19—27, 12/19/00; Ord. No. 107, 2001 §§35—40, 6/19/01; Ord. No. 204, 2001 §§1, 26, 12/18/01; Ord. No. 087, 2002 §§24—27, 6/4/02; Ord. No. 177, 2002 §19, 12/17/02; Ord. No. 090, 2003 §11, 6/17/03; Ord. No. 091, 2004 §§27—30, 6/15/04; Ord. No. 198, 2004 §18, 12/21/04; Ord. No. 123, 2005 §§11—13, 11/15/05; Ord. No. 104, 2006 §§16—20, 7/18/06; Ord. No. 131, 2006 §3, 9/19/06; Ord. No. 192, 2006 §19, 12/19/06; Ord. No. 081, 2007 §§10—12, 7/17/07; Ord. No. 073, 2008 §24, 7/1/08; Ord. No. 079, 2008 §§1, 2, 7/15/08; Ord. No. 066, 2009 §19, 7/7/09; Ord. No. 068, 2010 §10, 7/6/10; Ord. No. 036, 2011 §§5, 6, 3/22/11; Ord. No. 130, 2012 §§1, 2, 11/20/12; Ord. No. 092, 2013 §§18—22, 7/16/13; Ord. No. 096, 2013 §§6, 7, 7/16/13; Ord. No. 086, 2014 §§47, 48, 7/1/14)


DIVISION 4.6 MEDIUM DENSITY MIXED-USE NEIGHBORHOOD DISTRICT (M-M-N)Go to the top

(A) Purpose. The Medium Density Mixed-Use Neighborhood District is intended to be a setting for concentrated housing within easy walking distance of transit and a commercial district. Secondarily, a neighborhood may also contain other moderate-intensity complementary and supporting land uses that serve the neighborhood. These neighborhoods will form a transition and a link between surrounding neighborhoods and the commercial core with a unifying pattern of streets and blocks. Buildings, streets, bike and walking paths, open spaces and parks will be configured to create an inviting and convenient living environment.

This District is intended to function together with surrounding low density neighborhoods (typically the L-M-N zone district) and a central commercial core (typically an N-C or C-C zone district). The intent is for the component zone districts to form an integral, town-like pattern of development, and not merely a series of individual development projects in separate zone districts.

(B) Permitted Uses.

(1) The following uses are permitted in the M-M-N District, subject to basic development review, provided that such uses are located on lots that are part of an approved site specific development plan:

(a) Accessory/Miscellaneous Uses:

1. Accessory buildings.

2. Accessory uses.

3. Urban agriculture.

(b) Any use authorized pursuant to a site specific development plan that was processed and approved either in compliance with the Zoning Code in effect on March 27, 1997, or in compliance with this Land Use Code (other than a final subdivision plat, or minor subdivision plat, approved pursuant to Section 29-643 or 29-644 of prior law, for any nonresidential development or any multi-family dwelling containing more than four [4] dwelling units), provided that such use shall be subject to all of the use and density requirements and conditions of said site specific development plan.

(c) Any use which is not hereafter listed as a permitted use in this zone district but which was permitted for a specific parcel of property pursuant to the zone district regulations in effect for such parcel on March 27, 1997; and which physically existed upon such parcel on March 27, 1997; provided, however, that such existing use shall constitute a permitted use only on such parcel of property.

(d) Institutional/Civic/Public Uses:

1. Neighborhood parks as defined by the Parks and Recreation Policy Plan.

(e) Residential Uses:

1. Extra occupancy rental houses with five (5) or fewer tenants.

2. Shelters for victims of domestic violence.

(2) The following uses are permitted in the M-M-N District, subject to administrative review:

(a) Residential Uses:

1. Single-family detached dwellings on lots containing no more than six thousand (6,000) square feet.

2. Two-family dwellings.

3. Single-family attached dwellings.

4. Any residential use consisting in whole or in part of multi-family dwellings that contain fifty (50) dwelling units or less, and seventy-five (75) bedrooms or less..

5. Mixed-use dwellings.

6. Group homes for up to eight (8) developmentally disabled or elderly persons.

7. Extra occupancy rental houses with more then five (5) tenants.

(b) Institutional/Civic/Public Uses:

1. Places of worship or assembly.

2. Public and private schools, including colleges, universities, vocational and technical training.

3. Community facilities.

4. Minor public facilities.

5. Parks, recreation and other open lands, except neighborhood parks as defined by the Parks and Recreation Policy Plan.

(c) Commercial/Retail Uses:

1. Bed and breakfast establishments with no more than six (6) beds.

2. Convenience retail stores without fuel sales.

3. Artisan and photography studios and galleries.

4. Child care centers.

5. Adult day/respite care centers.

6. Restaurant, limited mixed-use.

7. Open-air farmers markets if located within a park, central feature or gathering place.

(3) The following uses are permitted in the M-M-N District, subject to Planning and Zoning Board review:

(a) Residential Uses:

1. Group homes, other than allowed in subparagraph (2)(a) above.

2. Fraternity and sorority houses.

3. Any residential use consisting in whole or in part of multi-family dwellings that contain more than fifty (50) dwelling units, or more than seventy-five (75) bedrooms.

(b) Institutional/Civic/Public Uses:

1. Public and private schools for elementary, intermediate and high school education.

2. Long-term care facilities.

(c) Commercial and Retail Uses:

1. Personal and business service shops.

2. Offices, financial services, clinics and small animal veterinary clinics.

(d) Industrial Uses:

1. Small-scale and medium-scale solar energy systems.

(e) Accessory/Miscellaneous Uses:

1. Wireless telecommunication equipment.

(C) Prohibited Uses. All uses that are not (1) expressly allowed as permitted uses in this Section or (2) determined to be permitted by the Director or the Planning and Zoning Board pursuant to Section 1.3.4 of this Land Use Code shall be prohibited.

(D) Land Use Standards.

(1) Density. Residential developments in the Medium Density Mixed-Use Neighborhood District shall have an overall minimum average density of twelve (12) dwelling units per net acre of residential land except that residential developments (whether approved pursuant to overall development plans or project development plans) containing twenty (20) acres or less shall have an overall minimum average density of seven (7) dwelling units per net acre of residential land. The requirements of this paragraph shall not apply to mixed-use dwellings in multistory mixed-use buildings.

(a) The minimum residential density of any phase in a multiple-phase development plan shall be seven (7) dwelling units per net acre of residential land.

(2) Secondary Uses. All residential uses, parks and recreational facilities and community facilities are considered the primary uses of this zone district. All other permitted uses are considered secondary uses in this zone district and, for projects containing ten (10) or more acres, together shall occupy no more than fifteen (15) percent of the total gross area of any development plan. If the project contains less than ten (10) acres, the development plan must demonstrate how it contributes to the overall mix of land uses within the surrounding area, but shall not be required to provide a mix of land uses within the development.

(3) Building Height. Buildings shall be limited to a maximum of three (3) stories.

(E) Buildings.

(1) Notwithstanding the M-M-N district maximum building height, the portion of a building located within a radius of seventy-five (75) feet of the apex at the corner of the two (2) property lines at the intersection of two (2) arterial streets may contain an additional story if the resulting building height conforms to the maximum allowable height in the district.

(2) Notwithstanding the M-M-N district maximum building height, the portion of a building within a radius of fifty (50) feet of the apex at the corner of the two (2) property lines at any street intersection (except an arterial/arterial intersection) may contain an additional story if the resulting building height conforms to the maximum allowable height in the district.

(Ord. No. 15, 1998 §1, 2/17/98; Ord. No. 90, 1998, 5/19/98; Ord. No. 41, 1999 §§7, 8, 3/16/99; Ord. No. 99, 1999 §19, 6/15/99; Ord. No. 183, 2000 §§14, 28, 12/19/00; Ord. No. 107, 2001 §41, 6/19/01; Ord. No. 204, 2001 §1, 12/18/01; Ord. No. 090, 2003 §§11—14, 6/17/03; Ord. No. 091, 2004 §§31, 32, 6/15/04; Ord. No. 123, 2005 §§14, 15, 11/15/05; Ord. No. 161, 2005 §10, 12/20/05; Ord. No. 104, 2006 §§21, 22, 7/18/06; Ord. No. 131, 2006 §3, 9/19/06; Ord. No. 192, 2006 §20, 12/19/06; Ord. No. 081, 2007 §13, 7/17/07; Ord. No. 073, 2008 §§9, 10, 24, 7/1/08; Ord. No. 066, 2009 §20, 7/7/09; Ord. No. 036, 2011 §7, 3/22/11; Ord. No. 120, 2011 §18, 9/20/2011; Ord. No. 092, 2012 §2, 9/18/12; Ord. No. 130, 2012 §§3, 4, 11/20/12; Ord. No. 096, 2013 §§8, 9, 7/16/13; Ord. No. 086, 2014 §§49, 50, 7/1/14)


DIVISION 4.7 NEIGHBORHOOD CONSERVATION, LOW DENSITY DISTRICT (N-C-L)Go to the top

(A) Purpose. The Neighborhood Conservation, Low Density District is intended to preserve the character of areas that have a predominance of developed single-family dwellings and have been given this designation in accordance with an adopted subarea plan.

(B) Permitted Uses.

(1) The following uses are permitted in the N-C-L District, subject to basic development review, provided that such uses are located on lots that are part of an approved site specific development plan:

(a) Residential Uses:

1. Single-family detached dwellings, but not to include

2. Shelters for victims of domestic violence.

(b) Accessory/Miscellaneous Uses:

1. Accessory buildings, provided that they contain no habitable space.

2. Accessory buildings containing habitable space.

3. Accessory uses.

4. Urban agriculture.

(c) Any use authorized pursuant to a site specific development plan that was processed and approved either in compliance with the Zoning Code in effect on March 27, 1997, or in compliance with this Land Use Code (other than a final subdivision plat, or minor subdivision plat, approved pursuant to Section 29-643 or 29-644 of prior law, for any nonresidential development or any multi-family dwelling containing more than four [4] dwelling units), provided that such use shall be subject to all of the use and density requirements and conditions of said site specific development plan.

(d) Any use which is not hereafter listed as a permitted use in this zone district but which was permitted for a specific parcel of property pursuant to the zone district regulations in effect for such parcel on March 27, 1997; and which physically existed upon such parcel on March 27, 1997; provided, however, that such existing use shall constitute a permitted use only on such parcel of property.

(e) Institutional/Civic/Public Uses:

1. Neighborhood parks as defined by the Parks and Recreation Policy Plan.

(2) The following uses shall be permitted in the N-C-L District, subject to administrative review:

(a) Residential Uses:

1. Single-family detached dwellings when there is more than one (1) dwelling on the lot or when the lot has only alley frontage.

(b) Institutional/Civic/Public Uses:

1. Parks, recreation and other open lands, except neighborhood parks as defined by the Parks and Recreation Policy Plan.

(3) The following uses are permitted within the N-C-L District, subject to review by the Planning and Zoning Board:

(a) Residential Uses:

1. Group homes.

(b) Institutional/Civic/Public Uses:

1. Public and private schools for elementary, intermediate and high school education.

2. Places of worship or assembly.

3. Community facilities.

4. Minor public facilities.

(c) Industrial Uses:

1. Small-scale and medium-scale solar energy systems.

(d) Accessory/Miscellaneous Uses:

1. Wireless telecommunication equipment.

(C) Prohibited Uses. All uses that are not (1) expressly allowed as permitted uses in this Section or (2) determined to be permitted by the Director or the Planning and Zoning Board pursuant to Section 1.3.4 of this Land Use Code shall be prohibited.

(D) Land Use Standards.

(1) Required Lot Area. Minimum lot area shall not be less than six thousand (6,000) square feet.

(2) Allowable Floor Area on Lots.

(a) The allowable floor area shall be as follows:

1. On a lot of less than five thousand (5,000) square feet, the allowable floor area for single-family dwellings and buildings accessory to single-family dwellings shall not exceed forty (40) percent of the lot area.

2. On a lot that is between five thousand (5,000) square feet and ten thousand (10,000) square feet, the allowable floor area for single-family dwellings and buildings accessory to single-family dwellings shall not exceed twenty (20) percent of the lot area plus one thousand (1,000) square feet. On a lot that is between six thousand (6,000) square feet and ten thousand (10,000) square feet, an additional two hundred fifty (250) square feet shall be added for a detached accessory structure.

3. On a lot that is more than ten thousand (10,000) square feet, the allowable floor area for single-family dwellings and buildings accessory to single-family dwellings shall not exceed thirty (30) percent, plus two hundred fifty (250) square feet for a detached accessory structure.

4. The allowable floor area for buildings containing permitted uses other than single-family dwellings and buildings accessory to single-family dwellings shall not exceed forty (40) percent of the lot area.

(b) For the purpose of calculating allowable floor area, one hundred (100) percent of the floor area of the following spaces and building elements shall be included:

1. The total floor area of all principal buildings as measured along the outside walls of such buildings and including each finished or unfinished floor level plus the total floor area of the ground floor of any accessory building larger than one hundred twenty (120) square feet, plus that portion of the floor area of any second story having a ceiling height of at least seven and one-half (7½) feet located within such accessory building on the lot.

2. Basement floor areas where any exterior basement wall is exposed by more than three (3) feet above the existing grade at the interior side lot line adjacent to the wall.

3. Roofed porches, balconies and breezeways that are enclosed on more than two (2) sides.

(c) For the purpose of calculating allowable floor area, the floor area of the following spaces and building elements shall be counted at two hundred (200) percent:

High volume spaces on the first or second floor where the distance between the floor and the ceiling or roof rafters directly above is greater than fourteen (14) feet.

(d) For the purpose of calculating allowable floor area, the floor area of the following spaces and building elements shall not be included:

The first two hundred fifty (250) square feet of a detached accessory building, provided that it is located behind a street-fronting principal building and is separated from such principal building by at least ten (10) feet.

(3) Allowable Floor Area on Rear Half of Lots. The allowable floor area on the rear half of a lot shall not exceed twenty-five (25) percent of the area of the rear fifty (50) percent of the lot.

(4) Residential. Any new single-family dwelling that is proposed to be located behind a street-fronting principal building shall contain a maximum of eight hundred (800) square feet of floor area unless such new single-family dwelling contains a two-car garage, in which case it shall contain a maximum of one thousand (1,000) square feet of floor area, including the garage. Floor area shall include all floor space within the basement and first floor plus that portion of the floor area of any second story having a ceiling height of at least seven and one-half (7½) feet. A new single-family dwelling may be located in any area of the rear portion of such lot, provided that it complies with the setback requirements of this District and there is at least a ten-foot separation between structures. The building footprint for such single-family dwelling shall not exceed six hundred (600) square feet.

(5) Accessory Buildings With Habitable Space (or Potential Future Habitable Space). Any accessory building with water and/or sewer service shall be considered to have habitable space. Any person applying for a building permit for such a building shall sign and record with the Larimer County Clerk and Recorder an affidavit stating that such accessory structure shall not be used as a dwelling unit. All applicable building permits issued for such buildings shall be conditioned upon this prohibition. Any such structure containing habitable space that is located behind a street-fronting principal building shall contain a maximum of six hundred (600) square feet of floor area. Floor area shall include all floor space within the basement and ground floor plus that portion of the floor area of any second story having a ceiling height of at least seven and one-half (7½) feet. Such accessory building may be located in any area of the rear portion of a lot, provided that it complies with the setback requirements of this District and there is at least a ten-foot separation between structures.

(6) Accessory Buildings Without Habitable Space. Any accessory building without water and/or sewer service, which has not been declared to contain habitable space by the applicant, shall not exceed a total floor area of six hundred (600) square feet. Floor area shall include all floor space (including basement space) within the building having a ceiling height of at least seven and one-half (7½) feet.

(E) Dimensional Standards.

(1) Minimum lot width shall be forty (40) feet.

(2) Minimum front yard setback shall be fifteen (15) feet. Setbacks from garage doors to the backs of public walks shall not be less than twenty (20) feet.

(3) Minimum rear yard setback shall be five (5) feet from existing alleys and fifteen (15) feet in all other conditions.

(4) Minimum Side Yard and Maximum Wall Height. Minimum side yard width shall be five (5) feet for all interior side yards. Whenever any portion of a building wall along a side lot line exceeds eighteen (18) feet in height, as measured from the existing grade at the interior side lot line adjacent to the wall, such portion of the building wall shall be set back from the interior side lot line an additional one (1) foot, beyond the minimum required, for each two (2) feet or fraction thereof of building wall height that exceeds eighteen (18) feet in height, except as provided in subparagraph (a) below. Minimum side yard width shall be fifteen (15) feet on the street side of any corner lot. Notwithstanding the foregoing, minimum side yard width for schools and places of worship shall be twenty-five (25) feet (for both interior and street sides).

(a) Solar Access Setbacks. For building construction that results in:

1. a two-story house where a one-story house previously existed, or

2. a new house that is greater than two thousand five hundred (2,500) square feet, or

3. an addition that results in a total square footage of more than three thousand (3,000) square feet, and

4. construction on a lot where there is a lot abutting the north side of the subject lot and the house on such abutting lot is one (1) story,

building height shall be reduced to preserve solar access on adjacent lots such that whenever any portion of a north-facing side building wall that adjoins a lot to the north exceeds fourteen (14) feet in height, as measured from the existing grade at the interior side lot line adjacent to the wall, such portion of the building wall shall be set back from the interior side lot line an additional one (1) foot beyond the minimum required, for each one (1) foot, or fraction thereof, of building wall that exceeds fourteen (14) feet in height. For lots that are forty (40) feet or less in width, the fourteen (14) foot starting height may be increased by one (1) foot for each one (1) foot of decreased lot width up to a maximum starting height of eighteen (18) feet.

Figure 17
Minimum Side Yard Width and Maximum Building Wall Height *

Figure 17 - Minimum Side Yard Width and Maximum Building Wall Height

(5) Maximum building height shall be two (2) stories, except for carriage houses, and accessory buildings containing habitable space, which shall be a maximum of one and one-half (1½) stories.

(F) Development Standards.

(1) Building Design.

(a) All exterior walls of a building that are greater than six (6) feet in length shall be constructed parallel to or at right angles to the side lot lines of the lot whenever the lot is rectilinear in shape.

(b) The primary entrance to a dwelling shall be located along the front wall of the building, unless otherwise required for handicap access. Such entrance shall include an architectural feature such as a porch, landing or portico.

(c) Accessory buildings and attached garages shall have a front yard setback that is at least ten (10) feet greater than the front setback of the principal building that is located on the front portion of the lot.

(d) A second floor shall not overhang the lower front or side exterior walls of a new or existing building.

(e) Front porches shall be limited to one (1) story, and the front facades of all one- and two-family dwellings shall be no higher than two (2) stories, except in the case of carriage houses and accessory buildings containing habitable space, which shall be a maximum of one and one-half (1½) stories.

(f) In the event that a new dwelling is proposed to be constructed on the rear portion of a lot which has frontage on two (2) streets and an alley, the front of such new dwelling shall face the street.

(g) The minimum pitch of the roof of any building shall be 2:12 and the maximum pitch of the roof of any building shall be 12:12, except that new, detached accessory buildings and additions to existing dwelling units may be constructed with a pitch that matches any roof pitch of the existing dwelling unit. Additionally, the roof pitch of a dormer, turret or similar architectural feature may not exceed 24:12 and the roof pitch of a covered porch may be flat whenever the roof of such a porch is also considered to be the floor of a second-story deck.

(h) Front Façade Character. When building construction results in:

1. a two (2) story house where a one (1) story house previously existed and where there is at least one (1) lot abutting the side of the subject lot and the house on such abutting lot is one (1) story, or

2. a new house that is greater than two thousand five hundred (2,500) square feet, or

3. a second-story addition that results in a total square footage of more than three thousand (3,000) square feet,

at least one (1) front façade feature from the menu below shall be included to promote pedestrian orientation and compatibility with the character of the structures on the block face:

Figure 17.2
Menu of Design Options for Front Façade Character

Figure 17.2a - Menu of Design Options for Front Façade Character

Covered Entry Feature

Figure 17.2b - Covered Entry Feature

(i) Side Façade Character. When building construction results in:

1. a new house that is greater than two thousand five hundred (2,500) square feet, or

2. a second-story addition that results in a total square footage of more than three thousand (3,000) square feet,

at least one (1) side façade feature from the menu below shall be included to address potential looming and privacy impacts on neighbors:

Figure 17.3
Menu of Design Options for Side Façade Character

Figure 17.3 - Menu of Design Options for Side Façade Character

(2) Bulk and Massing.

(a) Building Height.

1. Maximum building height shall be two (2) stories, except in the case of carriage houses and accessory buildings containing habitable space, which shall be a maximum of one and one-half (1½) stories.

2. The height of a detached dwelling unit at the rear of the lot or an accessory building containing habitable space shall not exceed twenty-four (24) feet.

3. The height of an accessory building containing no habitable space shall not exceed twenty (20) feet.

(b) Eave Height.

1. The exterior eave height of an eave along a side lot line shall not exceed thirteen (13) feet from grade for a dwelling unit located at the rear of the lot or an accessory building with habitable space.

2. The exterior eave height of an eave along a side lot line shall not exceed ten (10) feet from grade for an accessory building containing no habitable space.

3. If a second story has an exterior wall that is set back from the lower story's exterior wall, the eave height shall be the point of an imaginary line at which the upper story's roofline (if extended horizontally) would intersect with the lower story's exterior wall (if extended vertically).

Illustration of Carriage House Roofline and Eave Heights

Illustration of Carriage House Roofline and Eave Heights

(3) Carriage Houses and Habitable Accessory Buildings.

(a) Carriage Houses.

1. Water and sewer lines may be extended from the principal building on the lot to the carriage house.

2. A minimum of one (1) off-street parking space must be provided for every bedroom contained within a carriage house.

(b) Accessory Buildings With Habitable Space. An accessory building with water and/or sewer service shall be considered as containing habitable space. Habitable space does not necessarily mean a dwelling unit, but is space that is intended to eventually serve as indoor, habitable space for human occupancy. Accessory building applications must include the applicant's declaration as to whether or not the space is intended to be habitable. If water and/or sewer services are provided to the building, it shall be considered as containing habitable space. If an applicant declares that a space is not intended to become habitable, no water and/or sewer connections will be allowed to the building, and less restrictive bulk and massing requirements are allowed as provided below.

(c) Additional Review Criteria for Carriage Houses and Accessory Buildings With Habitable Space. The following additional standards are intended to ensure that the design and operating characteristics of the carriage house, or other accessory building with habitable space, is compatible with the character of the surrounding neighborhood and shall apply to the review of all applications for approval of a carriage house or accessory building containing habitable space:

1. The site plan shall provide a separate yard area containing at least one hundred twenty (120) square feet to serve both the carriage house and the existing principal dwelling. Such yard area shall be at least ten (10) feet in its smallest dimension, and must provide privacy and screening for abutting properties.

2. To the extent reasonably feasible, decks, entry doors, major entry access stairs and major windows shall face the existing principal building or the alley (if the lots front the alley). To the extent reasonably feasible, windows that overlook an abutting side or rear yard shall be minimized.

3. Buildings, structures, open spaces and other features of the site plan shall be oriented and located such that they maintain natural resources, including existing significant trees and shrubs, to the extent reasonably feasible.

(4) Landscape/Hardscape Material. A maximum of forty (40) percent of the front yard of a lot may be covered with inorganic material such as asphalt or cement concrete, paving stone, flagstone, rock or gravel.

(5) Access. Whenever a lot has frontage along an alley, any new off-street parking area located on such lot must obtain access from such adjoining alley; provided, however, that such alley access shall not be required when a new detached garage is proposed to be accessed from an existing driveway that has a curbcut along a public street, or when alley access is determined by the City Engineer to be a hazard to persons or vehicles.

(6) Site Design. Permanent open off-street parking areas for all permitted principal uses, other than single-family dwellings, shall not be located any closer to a public street right-of-way than the distance by which the principal building is set back from the street right-of-way. This provision shall not be construed to preclude temporary parking in driveways.

(7) Subdividing of Existing Lots. No existing lot may be further subdivided in such manner as to create a new lot in the rear portion of the existing lot. This regulation shall not apply to corner lots.

(Ord. No. 90, 1998, 5/19/98; Ord. No. 228, 1998 §92, 12/15/98; Ord. No. 165, 1999 §36, 11/16/99; Ord. No. 204, 2001 §§1, 27—29, 12/18/01; Ord. No. 173, 2003 §22, 12/16/03; Ord. No. 063, 2004 §2, 4/20/04; Ord. No. 198, 2004 §§19, 20, 12/21/04; Ord. No. 131, 2006 §3, 9/19/06; Ord. No. 192, 2006 §§21, 22, 12/19/06; Ord. No. 081, 2007 §14, 7/17/07; Ord. No. 073, 2008 §24, 7/1/08; Ord. No. 066, 2009 §21, 7/7/09; Ord. No. 120, 2011 §§19—21, 9/20/2011; Ord. No. 033, 2013 §§2–4, 3/5/13; Ord. No. 096, 2013 §10, 7/16/13; Ord. No. 086, 2014 §§51, 52, 7/1/14)


DIVISION 4.8 NEIGHBORHOOD CONSERVATION, MEDIUM DENSITY DISTRICT (N-C-M)Go to the top

(A) Purpose. The Neighborhood Conservation, Medium Density District is intended to preserve the character of areas that have a predominance of developed single-family and low- to medium-density multi-family housing and have been given this designation in accordance with an adopted subarea plan.

(B) Permitted Uses.

(1) The following uses are permitted in the N-C-M District, subject to basic development review, provided that such uses are located on lots that are part of an approved site specific development plan:

(a) Residential Uses:

1. Single-family detached dwellings, but not to include carriage houses.

2. Two-family dwellings where there is only one (1) principal building on the lot, provided that no structural additions or exterior alterations are made to an existing building or the dwellings are constructed on a vacant lot or a parcel which did not contain a structure on October 25, 1991.

3. Shelters for victims of domestic violence.

(b) Institutional/Civic/Public Uses:

1. Places of worship or assembly.

2. Minor public facilities.

3. Neighborhood parks as defined by the Parks and Recreation Policy Plan.

(c) Commercial/Retail Uses:

1. Child care centers.

2. Adult day/respite care centers.

(d) Accessory/Miscellaneous Uses:

1. Accessory buildings, provided that they contain no habitable space.

2. Accessory buildings containing habitable space.

3. Accessory uses.

4. Urban agriculture.

(e) Any use authorized pursuant to a site specific development plan that was processed and approved either in compliance with the Zoning Code in effect on March 27, 1997, or in compliance with this Code (other than a final subdivision plat, or minor subdivision plat, approved pursuant to Section 29-643 or 29-644 of prior law, for any nonresidential development or any multi-family dwelling containing more than four [4] dwelling units), provided that such use shall be subject to all of the use and density requirements and conditions of said site specific development plan.

(f) Any use which is not hereafter listed as a permitted use in this zone district but which was permitted for a specific parcel of property pursuant to the zone district regulations in effect for such parcel on March 27, 1997; and which physically existed upon such parcel on March 27, 1997; provided, however, that such existing use shall constitute a permitted use only on such parcel of property.

(2) The following uses are permitted in the N-C-M District, subject to administrative review:

(a) Residential Uses:

1. Single-family detached dwellings, when there is more than one (1) principal building on the lot or when the lot has only alley frontage.

2. Two-family dwellings when there is more than one (1) principal building on the lot, provided that no structural additional or exterior alterations are made to an existing building or the dwellings are constructed on a vacant lot or a parcel which did not contain a structure on October 25, 1991, and provided that such two-family dwelling is located within a street-fronting principal building.

3. Multi-family dwellings up to four (4) units per building, provided that no structural additions or exterior alterations are made to the existing building, or the dwellings are constructed on a vacant lot or a parcel which did not contain a structure on October 25, 1991, and provided that such multi-family dwelling is located within a street-fronting principal building.

4. Group homes.

(b) Institutional/Civic/Public Uses:

1. Community facilities.

2. Parks, recreation and other open lands, except neighborhood parks as defined by the Parks and Recreation Policy Plan.

(3) The following uses are permitted in the N-C-M District, subject to Planning and Zoning Board review:

(a) Residential Uses:

1. Two-family and multi-family dwellings up to four (4) units per building when structural additions or exterior alterations are made to an existing building, or when the dwellings are constructed on a lot or a parcel which contained a structure on October 25, 1991, provided that such two-family or multi-family dwelling is located within a street-fronting principal building.

(b) Institutional/Civic/Public Uses:

1. Public and private schools for elementary, intermediate and high school education.

(c) Commercial/Retail Uses:

1. Bed and breakfast establishments with six (6) or fewer beds.

(d) Industrial Uses::

1. Small-scale and medium-scale solar energy systems.

(e) Accessory/Miscellaneous Uses:

1. Wireless telecommunication equipment.

(C) Prohibited Uses. All uses that are not (1) expressly allowed as permitted uses in this Section or (2) determined to be permitted by the Director or the Planning and Zoning Board pursuant to Section 1.3.4 of this Code shall be prohibited.

(D) Land Use Standards.

(1) Required Lot Area. Minimum lot area shall not be less than the following: five thousand (5,000) square feet for a single-family or two-family dwelling and six thousand (6,000) square feet for all other uses.

(2) Allowable Floor Area on Lots.

(a) The allowable floor area shall be as follows:

1. On a lot of less than four thousand (4,000) square feet, the allowable floor area for single-family dwellings and buildings accessory to single-family dwellings shall not exceed fifty (50) percent of the lot area.

2. On a lot that is between four thousand (4,000) square feet and ten thousand (10,000) square feet, the allowable floor area for single-family dwellings and buildings accessory to single-family dwellings shall not exceed twenty-five (25) percent of the lot area plus one thousand (1,000) square feet. On a lot that is between six thousand (6,000) square feet and ten thousand (10,000) square feet, an additional two hundred fifty (250) square feet shall be added for a detached accessory structure.

3. On a lot that is more than ten thousand (10,000) square feet, the allowable floor area for single-family dwellings and buildings accessory to single-family dwellings shall not exceed thirty-five (35) percent of the lot area, plus two hundred fifty (250) square feet for a detached accessory structure.

4. The allowable floor area for buildings containing permitted uses other than single-family dwellings and buildings accessory to single-family dwellings shall not exceed forty (40) percent of the lot area.

(b) For the purpose of calculating allowable floor area, one hundred (100) percent of the floor area of the following spaces and building elements shall be included:

1. The total floor area of all principal buildings as measured along the outside walls of such buildings and including each finished or unfinished floor level plus the total floor area of the ground floor of any accessory building larger than one hundred twenty (120) square feet, plus that portion of the floor area of any second story having a ceiling height of at least seven and one-half (7½) feet located within such accessory building located on the lot.

2. Basement floor areas where any exterior basement wall is exposed by more than three (3) feet above the existing grade at the interior side lot line adjacent to the wall.

3. Roofed porches, balconies and breezeways that are enclosed on more than two (2) sides.

(c) For the purpose of calculating allowable floor area, the floor area of the following spaces and building elements shall be counted at two hundred (200) percent:

High volume spaces on the first or second floor where the distance between the floor and the ceiling or roof rafters directly above is greater than fourteen (14) feet.

(d) For the purpose of calculating allowable floor area, the floor area of the following spaces and building elements shall not be included:

The first two hundred fifty (250) square feet of a detached accessory building, provided that it is located behind a street-fronting principal building and is separated from such principal building by at least ten (10) feet.

(3) Allowable Floor Area on Rear Half of Lots. The allowable floor area on the rear half of a lot shall not exceed thirty-three (33) percent of the area of the rear fifty (50) percent of the lot.

(4) Residential. Any new single-family dwelling that is proposed to be located behind a street-fronting principal building shall contain a maximum of one thousand (1,000) square feet of floor area. Floor area shall include all floor space within the basement and first floor plus that portion of the floor area of any second story having a ceiling height of at least seven and one-half (7½) feet. A new single-family dwelling may be located in any area of the rear portion of such lot, provided that it complies with setback requirements of this District and there is at least a ten-foot separation between structures. The building footprint for such single-family dwelling shall not exceed six hundred (600) square feet.

(5) Accessory Buildings With Habitable Space (or Potential Future Habitable Space). Any accessory building with water and/or sewer service shall be considered to have habitable space. Any person applying for a building permit for such a building shall sign and record with the Larimer County Clerk and Recorder an affidavit stating that such accessory structure shall not be used as a dwelling unit. All building permits issued for such buildings shall be conditioned upon this prohibition. Any such structure containing habitable space that is located behind a street-fronting principal building shall contain a maximum of six hundred (600) square feet of floor area. Floor area shall include all floor space within the basement and ground floor plus that portion of the floor area of any second story having a ceiling height of at least seven and one-half (7½) feet. Such accessory building may be located in any area of the rear portion of a lot, provided that it complies with the setback requirements of this District and there is at least a ten-foot separation between structures.

(6) Accessory Buildings Without Habitable Space. Any accessory building without water and/or sewer service, which has not been declared to contain habitable space by the applicant, shall not exceed a total floor area of six hundred (600) square feet. Floor area shall include all floor space (including basement space) within the building having a ceiling height of at least seven and one-half (7½) feet.

(E) Dimensional Standards.

(1) Minimum lot width shall be forty (40) feet for each single-family and two-family dwelling and fifty (50) feet for each other use. If more than one (1) principal building is proposed to be constructed side-by-side on the same lot, then each such principal building must have at least forty (40) feet of street frontage for single-family and two-family dwellings, and at least fifty (50) feet of street frontage for each other use.

(2) Minimum front yard setback shall be fifteen (15) feet. Setbacks from garage doors to the backs of public walks shall not be less than twenty (20) feet.

(3) Minimum rear yard setback shall be five (5) feet from existing alleys and fifteen (15) feet in all other conditions.

(4) Minimum Side Yard and Maximum Wall Height. Minimum side yard width shall be five (5) feet for all interior side yards. Whenever any portion of a building wall along a side lot line exceeds eighteen (18) feet in height, as measured from the natural grade at the interior side lot line adjacent to the wall, such portion of the building wall shall be set back from the interior side lot line an additional one (1) foot, beyond the minimum required, for each two (2) feet or fraction thereof of building wall height that exceeds eighteen (18) feet in height, except as provided for in subparagraph (a) below. Minimum side yard width shall be fifteen (15) feet on the street side of any corner lot. Notwithstanding the foregoing, minimum side yard width for schools and places of worship shall be twenty-five (25) feet (for both interior and street sides).

(a) Solar Access Setbacks. For building construction that results in:

1. a two-story house where a one-story house previously existed, or

2. a new house that is greater than two thousand five hundred (2,500) square feet, or

3. an addition that results in a total square footage of more than three thousand (3,000) square feet, and

4. construction on a lot where there is a lot abutting the north side of the subject lot and the house on such abutting lot is one (1) story,

building height shall be reduced to preserve solar access on adjacent lots such that whenever any portion of a north-facing side building wall that adjoins a lot to the north exceeds fourteen (14) feet in height, as measured from the existing grade at the interior side lot line adjacent to the wall, such portion of the building wall shall be set back from the interior side lot line an additional one (1) foot beyond the minimum required, for each one (1) foot, or fraction thereof, of building wall that exceeds fourteen (14) feet in height. For lots that are forty (40) feet or less in width, the fourteen-foot starting height may be increased by one (1) foot for each one (1) foot of decreased lot width up to a maximum starting height of eighteen (18) feet.

Figure 17.5
Minimum Side Yard Width and Maximum Building Wall Height *

Figure 17.5 - Minimum Side Yard Width and Maximum Building Wall Height

(5) Maximum building height shall be two (2) stories, except for carriage houses and accessory buildings containing habitable space, which shall be limited to one and one-half (1½) stories.

(F) Development Standards.

(1) Building Design.

(a) All exterior walls of a building that are greater than six (6) feet in length shall be constructed parallel to or at right angles to the side lot lines of the lot whenever the lot is rectilinear in shape.

(b) The primary entrance to a dwelling shall be located along the front wall of the building, unless otherwise required for handicap access. Such entrance shall include an architectural feature such as a porch, landing or portico.

(c) Accessory buildings and attached garages shall have a front yard setback that is at least ten (10) feet greater than the front setback of the principal building that is located on the front portion of the lot.

(d) A second floor shall not overhang the lower front or side exterior walls of a new or existing building.

(e) Front porches shall be limited to one (1) story, and the front facades of all one- and two-family dwellings shall be no higher than two (2) stories, except for carriage houses and accessory buildings containing habitable space, which shall be limited to one and one-half (1½) stories.

(f) In the event that a new dwelling is proposed to be constructed on the rear portion of a lot which has frontage on two (2) streets and an alley, the front of such new dwelling shall face the street.

(g) The minimum pitch of the roof of any building shall be 2:12 and the maximum pitch of the roof of any building shall be 12:12, except that new, detached accessory buildings and additions to existing dwelling units may be constructed with a pitch that matches any roof pitch of the existing dwelling unit. Additionally, the roof pitch of a dormer, turret or similar architectural feature may not exceed 24:12 and the covered porch may be flat whenever the roof of such porch is also considered to be the floor of a second-story deck.

(h) Front Façade Character. When building construction results in:

1. a two-story house where a one-story house previously existed and where there is an abutting house on either side that is one (1) story, or

2. a new house that is greater than two thousand five hundred (2,500) square feet, or

3. a second-story addition that results in a total square footage of more than three thousand (3,000) square feet,

at least one (1) front façade feature from the menu below shall be included to promote pedestrian orientation and compatibility with the character of structures on the block face:

Figure 17.6
Menu of Design Options for Front Façade Character

Figure 17.6 - Menu of Design Options for Front Façade Character

(i) Side Façade Character. When building construction results in:

1. a new house that is greater than two thousand five hundred (2,500) square feet, or

2. a second-story addition that results in a total square footage of more than three thousand (3,000) square feet,

at least one (1) side façade feature from the menu below shall be included to address potential looming and privacy impacts on neighbors:

Figure 17.7
Menu of Design Options for Side Façade Character

Figure 17.7 - Menu of Design Options for Side Façade Character

(2) Bulk and Massing.

(a) Building Height.

1. Maximum building height shall be two (2) stories, except for carriage houses and accessory buildings containing habitable space, which shall be limited to one and one-half (1½) stories.

2. The height of a detached dwelling unit at the rear of the lot or an accessory building containing habitable space shall not exceed twenty-four (24) feet.

3. The height of an accessory building containing no habitable space shall not exceed twenty (20) feet.

(b) Eave Height.

1. The exterior eave height of an eave along a side lot line shall not exceed thirteen (13) feet from grade for a dwelling unit located at the rear of the lot or an accessory building with habitable space.

2. The exterior eave height of an eave along a side lot line shall not exceed ten (10) feet from grade for an accessory building containing no habitable space.

3. If a second story has an exterior wall that is set back from the lower story's exterior wall, the eave height shall be the point of an imaginary line at which the upper story's roofline (if extended horizontally) would intersect with the lower story's exterior wall (if extended vertically).

(See illustration contained in Division 4.7.)

(3) Carriage Houses and Habitable Accessory Buildings.

(a) Carriage Houses.

1. Water and sewer lines may be extended from the principal building on the lot to the carriage house.

2. A minimum of one (1) off-street parking space must be provided for every bedroom contained within a carriage house.

(b) Accessory Buildings With Habitable Space. An accessory building with water and/or sewer service shall be considered as containing habitable space. "Habitable space" does not necessarily mean a dwelling unit, but is space that is intended to eventually serve as indoor, habitable space for human occupancy. Accessory building applications must include the applicant's declaration as to whether or not the space is intended to be habitable. If water and/or sewer services are provided to the building, it shall be considered as containing habitable space. If an applicant declares that a space is not intended to become habitable, no water and/or sewer connections will be allowed to the building, and less restrictive bulk and massing requirements are allowed as provided below.

(c) Additional Review Criteria for Carriage Houses and Accessory Buildings With Habitable Space. The following additional standards are intended to ensure that the design and operating characteristics of the carriage house or other accessory building with habitable space are compatible with the character of the surrounding neighborhood and shall apply to the review of all applications for approval of a carriage house or accessory building containing habitable space:

1. The site plan shall provide a separate yard area containing at least one hundred twenty (120) square feet to serve both the carriage house and the existing principal dwelling. Such yard area shall be at least ten (10) feet in its smallest dimension, and must provide privacy and screening for abutting properties.

2. To the extent reasonably feasible, decks, entry doors, major entry access stairs and major windows shall face the existing building or the alley (if the lots front the alley). To the extent reasonably feasible, windows that overlook an abutting side or rear yard shall be minimized.

3. Buildings, structures, open spaces and other features of the site plan shall be oriented and located such that they maintain natural resources, including existing significant trees and shrubs, to the extent reasonably feasible.

(4) Landscape/Hardscape Material. A maximum of forty (40) percent of the front yard of a lot may be covered with inorganic material such as asphalt or cement concrete, paving stone, flagstone, rock or gravel.

(5) Access. Whenever a lot has frontage along an alley, any new off-street parking area located on such lot must obtain access from such adjoining alley; provided, however, that such alley access shall not be required when a new detached garage is proposed to be accessed from an existing driveway that has a curbcut along a public street, or when alley access is determined by the City Engineer to be a hazard to persons or vehicles.

(6) Site Design. Permanent open off-street parking areas for all permitted principal uses, other than single-family dwellings, shall not be located any closer to a public street right-of-way than the distance by which the principal building is set back from the street right-of-way. This provision shall not be construed to preclude temporary parking in driveways.

(7) Subdividing of Existing Lots. No existing lot may be further subdivided in such manner as to create a new lot in the rear portion of the existing lot. This regulation shall not apply to corner lots.

(Ord. No. 90, 1998, 5/19/98; Ord. No. 228, 1998 §92, 12/15/98; Ord. No. 165, 1999 §37, 11/16/99; Ord. No. 59, 2000 §32, 6/6/00; Ord. No. 204, 2001 §§1, 30—32, 12/18/01; Ord. No. 090, 2003 §11, 6/17/03; Ord. No. 173, 2003 §23, 12/16/03; Ord. No. 063, 2004 §3, 4/20/04; Ord. No. 091, 2004 §33, 6/15/04; Ord. No. 198, 2004 §§21, 22, 12/21/04; Ord. No. 015, 2005 §2, 2/15/05; Ord. No. 131, 2006 §3, 9/19/06; Ord. No. 192, 2006 §23, 12/19/06; Ord. No. 081, 2007 §15, 7/17/07; Ord. No. 073, 2008 §§11, 12, 24, 7/1/08; Ord. No. 066, 2009 §§22, 23, 7/7/09; Ord. No. 120, 2011 §§22—24, 9/20/2011; Ord. No. 033, 2013 §§5—7, 3/5/13; Ord. No. 096, 2013 §11, 7/16/13; Ord. No. 086, 2014 §§53, 54, 7/1/14)


DIVISION 4.9 NEIGHBORHOOD CONSERVATION, BUFFER DISTRICT (N-C-B)Go to the top

(A) Purpose. The Neighborhood Conservation, Buffer District is intended for areas that are a transition between residential neighborhoods and more intensive commercial-use areas or high traffic zones that have been given this designation in accordance with an adopted subarea plan.

(B) Permitted Uses.

(1) The following uses are permitted in the N-C-B District, subject to basic development review, provided that such uses are located on lots that are part of an approved site specific development plan:

(a) Residential Uses:

1. Single-family detached dwellings, but not to include carriage houses.

2. Two-family dwellings when there is only one (1) principal building on the lot.

3. Multi-family dwellings up to four (4) units per building, provided that no structural additions or exterior alterations are made to the existing building, or the dwellings are constructed on a vacant lot or a parcel which did not contain a structure on October 25, 1991.

4. Extra occupancy rental houses with five (5) or fewer tenants.

5. Mixed-use dwellings which are not combined with a use permitted subject to administrative review or Planning and Zoning Board review, provided that no structural additions or exterior alterations are made to the existing building, or the dwellings are constructed on a vacant lot or a parcel which did not con-tain a structure on October 25, 1991.

6. Shelters for victims of domestic violence.

(b) Institutional/Civic/Public Uses:

1. Places of worship or assembly.

2. Minor public facilities.

3. Neighborhood parks as defined by the Parks and Recreation Policy Plan.

(c) Commercial/Retail Uses:

1. Child care centers.

2. Medical and dental clinics, professional offices and personal business and service shops, provided that no structural additions or exterior alterations are made to the existing building, or the uses are constructed on a vacant lot or a parcel which did not contain a structure on October 25, 1991.

3. Bed and breakfast establishments.

4. Adult day/respite care centers.

(d) Accessory/Miscellaneous Uses:

1. Accessory buildings, provided that they contain no habitable space.

2. Accessory buildings containing habitable space.

3. Accessory uses.

4. Urban agriculture.

(e) Any use authorized pursuant to a site specific development plan that was processed and approved either in compliance with the Zoning Code in effect on March 27, 1997, or in compliance with this Land Use Code (other than a final subdivision plat, or minor subdivision plat, approved pursuant to Section 29-643 or 29-644 of prior law, for any nonresidential development or any multi-family dwelling containing more than four [4] dwelling units), provided that such use shall be subject to all of the use and density requirements and conditions of said site specific development plan.

(f) Any use which is not hereafter listed as a permitted use in this zone district but which was permitted for a specific parcel of property pursuant to the zone district regulations in effect for such parcel on March 27, 1997; and which physically existed upon such parcel on March 27, 1997; provided, however, that such existing use shall constitute a permitted use only on such parcel of property.

(2) The following uses are permitted in the N-C-B District, subject to administrative review:

(a) Residential:

1. Single-family detached dwellings when there is more than one (1) principal building on the lot and/or when the lot has only alley frontage.

2. Two-family dwellings when there is more than one (1) principal building on the lot, provided that such two-family dwelling is located within a street-fronting principal building.

3. Multi-family dwellings up to four (4) units which propose structural additions or exterior alterations to the existing building, or the dwellings are to be constructed on a lot or parcel which contained a structure on October 25, 1991, provided that such multi-family dwelling is located within a street-fronting principal building.

4. Multi-family dwellings containing more than four (4) dwelling units per building at a density of up to twenty-four (24) dwelling units per acre, provided that such multi-family building is located within a street-fronting principal building.

5. Mixed-use dwellings which are not combined with a use permitted subject to basic development review or Planning and Zoning Board review and which propose structural additions or exterior alterations to the existing building, or the dwellings are to be constructed on a lot or parcel which contained a structure on October 25, 1991.

6. Group homes.

7. Extra occupancy rental houses with more than five (5) tenants.

(b) Institutional/Civic/Public Uses:

1. Community facilities.

2. Parks, recreation and other open lands, except neighborhood parks as defined by the Parks and Recreation Policy Plan.

(c) Commercial/Retail Uses:

1. Parking lots and parking garages.

(3) The following uses are permitted, subject to Planning and Zoning Board review:

(a) Residential Uses:

1. Fraternity and sorority houses, provided that such fraternity or sorority house is located within a street-fronting principal building.

2. Single-family attached dwellings.

3. Multi-family dwellings containing more than four (4) dwelling units per building at a density of more than twenty-four (24) dwelling units per net acre, provided that such multi-family dwelling is located within a street-fronting principal building.

4. Mixed-use dwellings which are combined with any other use subject to Planning and Zoning Board review.

(b) Institutional/Civic/Public Uses:

1. Public and private schools for preschool, elementary, intermediate, high school, college, university and vocational and technical education.

(c) Commercial/Retail Uses:

1. Medical and dental clinics, professional offices and personal and business service shops which propose structural additions or exterior alterations to the existing building, or the uses are to be constructed on a lot or parcel which contained a structure at the time of adoption on October 25, 1991, provided that such use is located within a street-fronting principal building.

2. Funeral homes, provided that such funeral home is located within a street-fronting principal building.

(d) Industrial Uses:

1. Small-scale and medium-scale solar energy systems.

(e) Accessory/Miscellaneous Uses:

1. Wireless telecommunication equipment.

(C) Prohibited Uses. All uses that are not (1) expressly allowed as permitted uses in this Section or (2) determined to be permitted by the Director or the Planning and Zoning Board pursuant to Section 1.3.4 of this Land Use Code shall be prohibited.

(D) Land Use Standards.

(1) Density. Minimum lot area shall be equivalent to the total floor area of the building(s), but not less than five thousand (5,000) square feet. For the purposes of calculating density, "total floor area" shall mean the total gross floor area of all principal buildings as measured along the outside walls of such buildings, including each finished or unfinished floor level, plus the total gross floor area of the ground floor of any accessory building larger than one hundred twenty (120) square feet, plus that portion of the floor area of any second story having a ceiling height of at least seven and one-half (7½) feet located within any such accessory building located on the lot. (Open balconies and basements shall not be counted as floor area for purposes of calculating density).

(2) Residential. Any new single-family dwelling that is proposed to be located behind a street-fronting principal building shall contain a maximum of one thousand (1,000) square feet of floor area. Floor area shall include all floor space within the basement and first floor plus that portion of the floor area of any second story having a ceiling height of at least seven and one-half (7½) feet. A new single-family dwelling may be located in any area of the rear portion of such lot, provided that it complies with the setback requirements of this District and there is at least a ten-foot separation between structures. The building footprint for such single-family dwelling shall not exceed six hundred (600) square feet.

(3) Accessory Buildings With Habitable Space (or Potential Future Habitable Space). Any accessory building with water and/or sewer service shall be considered to have habitable space. An applicant may also declare an intent for an accessory building to contain habitable space. Any person applying for a building permit for such a building shall sign and record with the Larimer County Clerk and Recorder an affidavit stating that such accessory structure shall not be used as a dwelling unit. All building permits issued for such buildings shall be conditioned upon this prohibition. Any such structure containing habitable space that is located behind a street-fronting principal building shall contain a maximum six hundred (600) square feet of floor area. Floor area shall include all floor space within the basement and ground floor plus that portion of the floor area of any second story having a ceiling height of at least seven and one-half (7½) feet. Such accessory building may be located in any area of the rear portion of a lot, provided that it complies with the setback requirements of this District and there is at least a ten-foot separation between structures.

(4) Accessory Building without Habitable Space. Any accessory building without water and/or sewer service, which has not been declared to contain habitable space by the applicant, shall not exceed a total floor area of six hundred (600) square feet. Floor area shall include all floor space (including basement space) within the building having a ceiling height of at least seven and one-half (7½) feet.

(5) Allowable Floor Area on Rear Half of Lots. The allowable floor area on the rear half of a lot shall not exceed thirty-three (33) percent of the area of the rear fifty (50) percent of the lot.

(6) Dimensional Standards.

(a) Minimum lot width shall be forty (40) feet for each single-family and two-family dwelling and fifty (50) feet for each other use. The minimum lot width for lands located within the West Central Neighborhood Plan Subarea and south of University Avenue shall be eighty-five (85) feet. If more than one (1) principal building is proposed to be constructed side-by-side on the same lot, then each such principal building must have at least forty (40) feet of street frontage for single-family and two-family dwellings, and at least fifty (50) feet of street frontage for each other use.

(b) Minimum front yard setback shall be fifteen (15) feet. Setbacks from garage doors to the backs of public walks shall not be less than twenty (20) feet, except that the minimum front and side yard setbacks for lands located within the West Central Neighborhood Plan Subarea and south of University Avenue and abutting Shields Street shall be sixty (60) feet, and the minimum setback from garage doors to the backs of public walks shall be sixty-five (65) feet.

(c) Minimum rear yard setback shall be five (5) feet from existing alley and fifteen (15) feet in all other conditions.

(d) Minimum side yard width shall be five (5) feet for all interior side yards. Whenever any portion of a wall or building exceeds eighteen (18) feet in height, such portion of the wall or building shall be set back from the interior side lot line an additional one (1) foot, beyond the minimum required, for each two (2) feet or fraction thereof of wall or building height that exceeds eighteen (18) feet in height. Minimum side yard width shall be fifteen (15) feet on the street side of any corner lot. Notwithstanding the foregoing, minimum side yard width for school and place of worship uses shall be twenty-five (25) feet (for both interior and street sides).

(e) Maximum building height shall be three (3) stories, except for carriage houses and accessory buildings containing habitable space, which shall be limited to one and one-half (1½) stories.

(E) Development Standards.

(1) Building Design.

(a) All exterior walls of a building that are greater than six (6) feet in length shall be constructed parallel to or at right angles to the side lot lines of the lot whenever the lot is rectilinear in shape.

(b) The primary entrance to a dwelling shall be located along the front wall of the building, unless otherwise required for handicap access. Such entrance shall include an architectural feature such as a porch, landing or portico.

(c) Accessory buildings and attached garages shall have a front yard setback that is at least ten (10) feet greater than the front setback of the principal building that is located on the front portion of the lot.

(d) A second floor shall not overhang the lower front or side exterior walls of a new or existing building.

(e) Front porches shall be limited to one (1) story, and the front facades of all single- and two-family dwellings shall be no higher than two (2) stories, except for carriage houses and accessory buildings containing habitable space, which shall be limited to one and one-half (1½) stories.

(f) In the event that a new dwelling is proposed to be constructed on the rear portion of a lot which has frontage on two (2) streets and an alley, the front of such new dwelling shall face the street.

(g) The minimum pitch of the roof of any building shall be 2:12 and the maximum pitch of the roof of any building shall be 12:12, except that new, detached accessory buildings and additions to existing dwelling units may be constructed with a pitch that matches any roof pitch of the existing dwelling unit. Additionally, the roof pitch of a dormer, turret or similar architectural feature may not exceed 24:12 and the roof pitch of a covered porch may be flat whenever the roof of such a porch is also considered to be the floor of a second-story deck.

(2) Bulk and Massing.

(a) Building Height.

1. Maximum building height shall be three (3) stories, except for carriage houses and accessory buildings containing habitable space, which shall be limited to one and one-half (1½) stories.

2. The height of a detached dwelling unit at the rear of the lot or an accessory building containing habitable space shall not exceed twenty-four (24) feet.

3. The height of an accessory building containing no habitable space shall not exceed twenty (20) feet.

(b) Eave Height.

1. The exterior eave height of an eave along a side lot line shall not exceed thirteen (13) feet from grade for a dwelling unit located at the rear of the lot or an accessory building with habitable space.

2. The exterior eave height of an eave along a side lot line shall not exceed ten (10) feet from grade for an accessory building containing no habitable space.

3. If a second story has an exterior wall that is set back from the lower story's exterior wall, the eave height shall be the point of an imaginary line at which the upper story's roofline (if extended horizontally) would intersect with the lower story's exterior wall (if extended vertically).

(See illustration contained in Division 4.7.)

(3) Carriage Houses and Habitable Accessory Buildings.

(a) Carriage Houses.

1. Water and sewer lines may be extended from the principal building on the lot to the carriage house.

2. A minimum of one (1) off-street parking space must be provided for every bedroom contained within a carriage house.

(b) Accessory Buildings With Habitable Space. An accessory building with water and/or sewer service shall be considered as containing habitable space. "Habitable space" does not necessarily mean a dwelling unit, but is space that is intended to eventually serve as indoor, habitable space for human occupancy. Accessory building applications must include the applicant's declaration as to whether or not the space is habitable. If water and/or sewer services are provided to the building, it shall be considered as containing habitable space. If an applicant declares that a space is not intended to be habitable, no water and/or sewer connections will be allowed to the building, and less restrictive bulk and massing requirements are allowed as provided below.

(c) Additional Review Criteria for Carriage Houses and Accessory Buildings With Habitable Space. The following additional standards are intended to ensure that the design and operating characteristics of the carriage house or other accessory building with habitable space are compatible with the character of the surrounding neighborhood and shall apply to the review of all applications for approval of a carriage house or accessory building containing habitable space:

1. The site plan shall provide a separate yard area containing at least one hundred twenty (120) square feet to serve both the carriage house and the existing principal dwelling. Such yard area shall be at least ten (10) feet in its smallest dimension, and must provide privacy and screening for abutting properties.

2. To the extent reasonably feasible, decks, entry doors, major entry access stairs or major windows shall face the existing principal building or the alley (if the lots front the alley). To the extent reasonably feasible, windows that overlook an abutting side or rear yard shall be minimized.

3. Buildings, structures, open spaces and other features of the site plan shall be oriented and located such that they maintain natural resources, including existing significant trees and shrubs, to the extent reasonably feasible.

(4) Landscape/Hardscape Material. A maximum of forty (40) percent of the front yard of a lot may be covered with inorganic material such as asphalt or cement concrete, paving stone, flagstone, rock or gravel.

(5) Site Design. In the N-C-B Neighborhood Conservation Buffer District, permanent open off-street parking areas shall not be located any closer to a public street right-of-way than the distance by which the principal building is set back from the street right-of-way. This provision shall not be construed to preclude temporary parking in driveways.

(6) Access. Whenever a lot has frontage along an alley, any new off-street parking area located on such lot must obtain access from such adjoining alley; provided, however, that such alley access shall not be required when a new detached garage is proposed to be accessed from an existing driveway that has a curbcut along a public street, or when alley access is determined by the City Engineer to be a hazard to persons or vehicles.

(7) Subdividing of Existing Lots. No existing lot may be further subdivided in such manner as to create a new lot in the rear portion of the existing lot. This regulation shall not apply to corner lots.

(Ord. No. 90, 1998, 5/19/98; Ord. No. 228, 1998 §92, 12/15/98; Ord. No. 89, 1999 §2, 6/1/99; Ord. No. 165, 1999 §38, 11/16/99; Ord. No. 183, 2000 §§29, 30, 12/19/00; Ord. No. 204, 2001 §§1, 33—37, 12/18/01; Ord. No. 090, 2003 §11, 6/17/03; Ord. No. 173, 2003 §24, 12/16/03; Ord. No. 063, 2004 §4, 4/20/04; Ord. No. 091, 2004 §34, 6/15/04; Ord. No. 198, 2004 §§23, 24, 12/21/04; Ord. No. 015, 2005 §3, 2/15/05; Ord. No. 123, 2005 §§16, 17, 11/15/05; Ord. No. 161, 2005 §11, 12/20/05; Ord. No. 104, 2006 §§23, 24, 7/18/06; Ord. No. 131, 2006 §3, 9/19/06; Ord. No. 192, 2006 §24, 12/19/06; Ord. No. 081, 2007 §16, 7/17/07; Ord. No. 073, 2008 §§13—17, 24, 7/1/08; Ord. No. 066, 2009 §§24, 25, 7/7/09; Ord. No. 068, 2010 §11, 7/6/10; Ord. No. 120, 2011 §§25—27, 9/20/2011; Ord. No. 092, 2013 §23, 7/16/13; Ord. No. 096, 2013 §12, 7/16/13; Ord. No. 086, 2014 §55—57, 7/1/14)


DIVISION 4.10 HIGH DENSITY MIXED-USE NEIGHBORHOOD DISTRICT (H-M-N)Go to the top

(A) Purpose. The High Density Mixed-Use Neighborhood District is intended to be a setting for higher density multi-family housing and group quarter residential uses (dormitories, fraternities, sororities, etc.) closely associated with, and in close proximity to, the Colorado State University Main Campus, provided that such areas have been given this designation in accordance with an adopted subarea plan. Multistory buildings (greater than one [1] story and up to five [5] stories) are encouraged in order to promote efficient utilization of the land and the use of alternative modes of travel.

(B) Permitted Uses.

(1) The following uses are permitted in the H-M-N District, subject to basic development review, provided that such uses are located on lots that are part of an approved site specific development plan:

(a) Accessory/Miscellaneous Uses:

1. Accessory buildings.

2. Urban agriculture.

(b) Any use authorized pursuant to a site specific development plan that was processed and approved either in compliance with the Zoning Code in effect on March 27, 1997, or in compliance with this Land Use Code (other than a final subdivision plat, or minor subdivision plat, approved pursuant to Section 29-643 or 29-644 of prior law, for any nonresidential development or any multi-family dwelling containing more than four [4] dwelling units), provided that such use shall be subject to all of the use and density requirements and conditions of said site specific development plan.

(c) Any use which is not hereafter listed as a permitted use in this zone but which was permitted for a specific parcel of property pursuant to the zone district regulations in effect for such parcel on June 10, 1999; and which physically existed upon such parcel on June 10, 1999; provided, however, that such existing uses shall constitute a permitted use only on such parcel of property.

(d) Institutional/Public Uses:

1. Neighborhood parks as defined by the Parks and Recreation Policy Plan.

(e) Residential Uses:

1. Extra occupancy rental houses with five (5) or fewer tenants.

2. Shelters for victims of domestic violence.

(2) The following uses are permitted in the H-M-N District, subject to administrative review:

(a) Residential Uses:

1. Any residential use consisting in whole or in part of multi-family dwellings that contain fifty (50) dwelling units or less, and seventy-five (75) bedrooms or less.

2. Mixed-use dwellings.

3. Group homes for up to eight (8) developmentally disabled or elderly persons.

4. Extra occupancy rental houses with more than five (5) tenants.

5. Fraternity and sorority houses.

(b) Institutional/Civic/Public Uses:

1. Places of worship or assembly.

2. Public and private schools, including colleges, universities, vocational and technical training.

3. Community facilities.

4. Minor public facilities.

5. Parks, recreation and other open lands, except neighborhood parks as defined by the Parks and Recreation Policy Plan.

(c) Commercial/Retail Uses:

1. Bed and breakfast establishments with no more than six (6) beds.

2. Convenience retail stores without fuel sales.

3. Artisan and photography studios and galleries.

4. Child care centers.

5. Personal and business service shops.

6. Offices, financial services, clinics and small animal veterinary clinics.

7. Adult day/respite care centers.

8. Open-air farmers markets.

(3) The following uses are permitted in the H-M-N District, subject to Planning and Zoning Board review:

(a) Residential Uses:

1. Group homes, other than those permitted pursuant to subparagraph (2)(a) above.

2. Any residential use consisting in whole or in part of multi-family dwellings that contain more than fifty (50) dwelling units, or more than seventy-five (75) bedrooms.

(b) Institutional/Civic/Public Uses:

1. Public and private schools for elementary, intermediate and high school education.

2. Long-term care facilities.

(c) Commerical/Retail Uses:

1. Restaurant, limited mixed-use.

(d) Industrial Uses:

1. Small-scale and medium-scale solar energy systems.

(e) Accessory/Miscellaneous Uses:

1. Wireless telecommunications equipment.

(C) Prohibited Uses. All uses that are not (1) expressly allowed as permitted uses in this Section or (2) determined to be permitted by the Director or the Planning and Zoning Board pursuant to Section 1.3.4 of this Land Use Code shall be prohibited.

(D) Land Use Standards.

(1) Density. Residential developments in the High Density Mixed-Use Neighborhood District shall have an overall minimum average density of twenty (20) dwelling units per net acre of residential land.

(a) The minimum residential density of any phase in a multiple-phase development plan shall be at least sixteen (16) dwelling units per acre of residential land.

(2) Dimensional Standards.

(a) Maximum building height shall be five (5) stories.

(b) For all setback standards, building walls over thirty-five (35) feet in height shall be set back an additional one (1) foot beyond the minimum required, for each two (2) feet or fraction thereof of wall or building that exceeds thirty-five (35) feet in height. Terracing or stepping back the mass of large buildings is encouraged.

(E) Development Standards.

(1) Buildings.

(a) Doorways Facing Streets. New buildings shall provide doorways facing the street, at grade level or slightly elevated.

(b) Relationship of Doorways to Streets. If the street is a nonarterial street, then such doorways required under subsection (a) above shall be principal entrances with sidewalk access to the street. If the street is an arterial street, then such doorways may be secondary (e.g. for patio or deck access only).

(c) Front Yards. Building design, in conjunction with site design, shall include structured elements to mark the transition from the public street to doorways. Examples of such elements are porches, pediments, pergolas, low walls or fencing, railings, pedestrian light fixtures and hedges.

(d) Roof Form. Buildings shall have either: 1) sloped roofs, or 2) combined flat and sloped roofs, provided that the sloped portion(s) forms a substantial part of the building and is related to the street facade, the integral structure and building entries.

(e) Facade Variations. Buildings shall be articulated with projections, recesses, covered doorways, balconies, covered box or bay windows and/or other similar features, dividing large facades into human-scaled proportions that reflect single-family dwellings nearby and avoiding repetitive monotonous, undifferentiated wall planes.

(f) Outdoor Activity. Buildings and extensions of buildings shall be designed to form outdoor spaces such as balconies, terraces, patios, decks or courtyards.

(2) Site Design.

(a) Street Sidewalks. Developments with new construction or with additions which exceed twenty-five (25) percent of the gross floor area of the existing structure shall include replacement of all existing substandard sidewalks with sidewalks which comply with the current regulations of the city.

(b) Parking Lots. Development plans shall be arranged so that any new parking lots or other vehicle use areas are located in side or rear yards, not in front yards.

(Ord. No. 89, 1999 §1, 6/1/99; Ord. No. 183, 2000 §44, 12/19/00; Ord. No. 204, 2001 §1, 12/18/01; Ord. No. 090, 2003 §§11, 19, 20, 6/17/03; Ord. No. 173, 2003 §39, 12/16/03; Ord. No. 091, 2004 §59, 6/15/04; Ord. No. 123, 2005 §§44, 45, 11/15/05; Ord. No. 161, 2005 §12, 12/20/05; Ord. No. 131, 2006 §4, 9/19/06; Ord. No. 081, 2007 §17, 7/17/07; Ord. No. 073, 2008 §§18, 24, 7/1/08; Ord. No. 066, 2009 §26, 7/7/09; Ord. No. 130, 2012 §§5, 6, 11/20/12; Ord. No. 096, 2013 §§13, 14, 7/16/13; Ord. No. 086, 2014 §58, 7/1/14)


DIVISION 4.11 RESERVEDGo to the top


DIVISION 4.12 TRANSITION DISTRICT (T)Go to the top

(A) Purpose. The Transition District is intended for properties for which there are no specific and immediate plans for development. The only permitted uses are those existing at the date the property was placed into this District.

(B) Permitted Uses.

(1) The following uses are permitted in the T District:

(a) No use shall be permitted of properties in the T District except such legal use as existed on the date the property was placed into this zone district. No permanent structures shall be constructed on any land in this District, except that at the time of zoning or rezoning of the property into this District the City Council may grant a variance permitting the installation or enlargement of a permanent structure containing a legal use which was existing, or is ancillary to the legal use of the property, at the time of such zoning or rezoning upon the following conditions:

1. The owner of the property, prior to the City Council meeting at which the zoning or rezoning is to be heard, shall submit a site plan showing in reasonable detail the existing and proposed uses of such property.

2. The City Council shall grant such variance only upon a finding that the strict application of this Land Use Code would result in exceptional or undue hardship upon the owner of the property and that the variance may be granted without substantial detriment to the public good and without substantially impairing the intent and purposes of this Land Use Code.

(b) After the property has been placed in the T District, the Zoning Board of Appeals may grant a variance in accordance with Division 2.10 permitting installation or enlargement of a permanent structure containing a use which was existing at the time the property was placed in this District, or containing a use which is ancillary to such existing use. When applying the standards of subsection 2.10.2(H), subsection 2.10.2(H)(2) shall not apply. Any proposal for the installation or enlargement of such a structure for which a variance has been approved must comply with the requirements contained in Section 1.6.5 and the applicable general development standards contained in Article 3.

(2) The owner of any property in the T District may at any time petition the City to remove the property from this zone district and place it in another zone district. Unless the following time limitations are waived by the petitioner, any such petition shall be referred to the Planning and Zoning Board to be considered at the next regular meeting of such board which is scheduled at least thirty (30) days from the date the petition is filed with the City Clerk. Within sixty (60) days from the date the matter is considered by the board, the City Council shall change the zoning for the property in question to another zone district authorized under this Article.

(3) Any use which was nonconforming upon a parcel prior to placement into this zone district shall continue to be nonconforming upon removal of such parcel or property from this zone district unless such parcel is placed into a zone district where such use is listed as a permitted use.

(Ord. No. 90, 1998, 5/19/98; Ord. No. 177, 1998 §4, 10/20/98; Ord. No. 228, 1998 §38, 12/15/98; Ord. No. 107, 2001 §42, 6/19/01; Ord. No. 204, 2001 §§38, 39, 12/18/01; Ord. No. 087, 2002 §28, 6/4/02; Ord. No. 090, 2003 §15, 6/17/03; Ord. No. 173, 2003 §25, 12/16/03; Ord. No. 131, 2006 §5, 9/19/06; Ord. No. 068, 2010 §12, 7/6/10)


DIVISION 4.13 PUBLIC OPEN LANDS DISTRICT (P-O-L)Go to the top

(A) Purpose. The Public Open Lands District is for large publicly owned parks and open lands which have a community-wide emphasis or other characteristics which warrant inclusion under this separate designation rather than inclusion in an adjoining neighborhood or other District designation.

(B) Permitted Uses.

(1) The following uses are permitted in the P-O-L District, subject to basic development review, provided that such uses are located on lots that are part of an approved site-specific development plan:

(a) Accessory/Miscellaneous Uses:

1. Accessory buildings.

2. Accessory uses.

3. Urban agriculture.

(b) Any use authorized pursuant to a site specific development plan that was processed and approved either in compliance with the Zoning Code in effect on March 27, 1997, or in compliance with this Land Use Code (other than a final subdivision plat, or minor subdivision plat, approved pursuant to Section 29-643 or 29-644 of prior law, for any nonresidential development or any multi-family dwelling containing more than four [4] dwelling units), provided that such use shall be subject to all of the use and density requirements and conditions of said site specific development plan.

(c) Any use which is not hereafter listed as a permitted use in this zone district but which was permitted for a specific parcel of property pursuant to the zone district regulations in effect for such parcel on March 27, 1997; and which physically existed upon such parcel on March 27, 1997; provided, however, that such existing use shall constitute a permitted use only on such parcel of property.

(d) Institutional/Civic/Public Uses:

1. Neighborhood parks as defined by the Parks and Recreation Policy Plan.

(2) The following land uses are permitted in the P-O-L District, subject to administrative review:

(a) Institutional/Civic/Public Uses:

1. Parks, recreation and open lands, except neighborhood parks as defined by the Parks and Recreation Policy Plan.

2. Cemeteries.

3. Minor public facilities.

(b) Industrial Uses:

1. Composting facilities.

2. Resource recovery.

(c) Accessory/Miscellaneous Uses:

1. Agricultural activities.

2. Wireless telecommunication equipment.

3. Wireless telecommunication facilities.

(3) The following land uses are permitted in the P-O-L District, subject to review by the Planning and Zoning Board:

(a) Institutional/Civic/Public Uses:

1. Golf courses.

2. Wildlife rescue and education centers.

3. Community facilities.

(a) Industrial Uses:

1. Small-scale and medium-scale solar energy systems.

(C) Prohibited Uses. All uses that are not (1) expressly allowed as permitted uses in this Section or (2) determined to be permitted by the Director or the Planning and Zoning Board pursuant to Section 1.3.4 of this Land Use Code shall be prohibited.

(Ord. No. 90, 1998, 5/19/98; Ord. No. 228, 1998 §39, 12/15/98; Ord. No. 204, 2001 §1, 12/18/01; Ord. No. 030, 2005 §1, 3/15/05; Ord. No. 104, 2006 §25, 7/18/06; Ord. No. 131, 2006 §5, 9/19/06; Ord. No. 073, 2008 §§19, 24, 7/1/08; Ord. No. 066, 2009 §27, 7/7/09; Ord. No. 096, 2013 §15, 7/16/13; Ord. No. 086, 2014 §59, 7/1/14)


DIVISION 4.14 RIVER CONSERVATION DISTRICT (R-C)Go to the top

(A) Purpose. The River Conservation District is designed for the conservation and protection of predominately undeveloped land in the Cache la Poudre River (the "River") corridor. The main purpose of this District is to accommodate land use functions such as stormwater management, native wildlife habitat and sand and gravel operations, all of which depend primarily on the continued functioning of natural river systems or are incompatible with significant urban land development. Urban development, if any, will be limited and will be located and designed in a way to avoid or minimize impacts upon the scenic, cultural, natural and historical values of the river landscape.

This District offers opportunities for scientific research and education, recreation, wildlife observation, crop agriculture, grazing, sand and gravel mining and reclamation and large-lot residential uses.

(B) Permitted Uses.

(1) The following uses are permitted in the R-C District, subject to basic development review, provided that such uses are located on lots that are part of an approved site-specific development plan:

(a) Accessory/Miscellaneous Uses:

1. Accessory buildings.

2. Accessory uses.

3. Urban agriculture.

(b) Any use authorized pursuant to a site specific development plan that was processed and approved either in compliance with the Zoning Code in effect on March 27, 1997, or in compliance with this Land Use Code (other than a final subdivision plat, or minor subdivision plat, approved pursuant to Section 29-643 or 29-644 of prior law, for any nonresidential development or any multi-family dwelling containing more than four [4] dwelling units), provided that such use shall be subject to all of the use and density requirements and conditions of said site specific development plan.

(c) Any use which is not hereafter listed as a permitted use in this zone district but which was permitted for a specific parcel of property pursuant to the zone district regulations in effect for such parcel on March 27, 1997; and which physically existed upon such parcel on March 27, 1997; provided, however, that such existing use shall constitute a permitted use only on such parcel of property.

(d) Institutional/Civic/Public Uses:

1. Neighborhood parks as defined by the Parks and Recreation Policy Plan.

(2) The following uses are permitted in the R-C District subject to administrative review:

(a) Residential Uses:

1. Single-family detached dwellings on lots forty (40) acres or larger.

(b) Institutional/Public/Civic Uses:

1. Minor public facilities.

2. Parks, recreation and open lands, except neighborhood parks as defined by the Parks and Recreation Policy Plan.

(c) Industrial Uses:

1. Composting facilities.

(d) Accessory/Miscellaneous Uses:

1. Farm animals.

(3) The following land uses are permitted in the R-C District subject to review by the Planning and Zoning Board:

(a) Institutional/Civic/Public Uses:

1. Golf courses.

2. Wildlife rescue and education centers.

(b) Commercial/Retail Uses:

1. Animal boarding.

2. Plant nurseries and greenhouses.

(c) Industrial Uses:

1. Resource extraction, processes and sales, except that such uses are not permitted in natural area protection buffers.

2. Small-scale and medium-scale solar energy systems.

(d) Accessory/Miscellaneous Uses:

1. Wireless telecommunication equipment.

2. Wireless telecommunication facilities.

(C) Prohibited Uses. All uses that are not (1) expressly allowed as permitted uses in this Section or (2) determined to be permitted by the Director or the Planning and Zoning Board pursuant to Section 1.3.4 of this Land Use Code shall be prohibited.

(D) Land Use Standards.

(1) Dimensional Standards.

(a) Maximum building height shall be two (2) stories.

(b) To the maximum extent feasible, no building, structure or private parking lot shall be developed within a natural area protection buffer; provided, however, that public parking may be constructed in the buffer areas to provide convenient public access to trails, parks and natural areas when such parking cannot reasonably be contained on other nearby developed areas. The natural area protection buffer shall mean that area extending three hundred (300) feet from the bank of the River.

(c) A landscaped building setback of at least fifty (50) feet shall be provided along all streets. The setback will be measured from the future edge of the public right-of-way as determined by the City Engineer.

(d) The site layout for permitted nonresidential uses shall, to the maximum extent feasible, maintain large, contiguous areas of open land. The proportion of the site used for development (including buildings, streets and parking areas) shall be no more than thirty (30) percent of the total site.

(E) Development Standards.

(1) Street/Access.

(a) Development in this District shall be exempt from the standards contained in Section 3.6.3, Street Pattern and Connectivity Standards.

(b) No new streets shall be constructed within the natural area protection buffer.

(c) Any new streets shall be constructed to maximize "shared access points" for contiguous properties and minimize the total land area devoted to street development.

(d) The layout and design of any new streets shall emphasize characteristics and views of the River landscape. Roadway design alternatives to city standards shall be developed by January 1, 1998, consistent with the pastoral character of the landscape in this District. Examples of special street design characteristics appropriate to this District are divided lanes, landscape islands and landscape solutions to drainage instead of standard curb and gutter, with stormwater runoff directed into open swales and ditches. Local and residential access roads shall be designed without curbs and gutters unless deemed necessary for health and safety by the City Engineer.

(2) Walkways, Trails and Paths.

(a) Walkways, trails and paths may be constructed to serve as access to passive recreation, scientific, educational or interpretation areas within this District. All walkways, trails or paths shall be sited and designed to minimize or avoid impacts to environmentally sensitive areas in conformance with the requirements described in the Parks and Recreation Policy Plan adopted in December 1996.

(b) Environmental or historical interpretation areas shall be integrated with the walkway and/or trail/path system to the maximum extent feasible. Interpretation areas shall include benches, trash receptacles and bike racks.

(c) Detached sidewalks along arterial streets shall follow a meandering rather than straight alignment, with at least ten (10) feet of separation from the edge of the roadway, and shall be designed with long, smooth, sweeping curves of not less than a sixty-foot radius.

(d) At intersections, the sidewalk shall be parallel to the road for a minimum distance of sixty (60) feet and shall connect to pedestrian crosswalks at the corner.

(3) Building Design.

(a) Facades.

1. No building wall shall exceed seventy-five (75) feet in length, in order to accommodate frequent views of the River.

2. Extensions of building walls shall be used to form outdoor spaces, integrate development with the landscape and screen service and accessory functions.

(b) Color/Materials.

1. In order to minimize contrast with the River landscape, building colors shall be subdued or neutral shades, within a medium or moderately dark color range, and not white or reflective.

2. Textured materials with native and historic characteristics, such as stone, wood and brick, and materials which mimic those characteristics, such as tinted, textured concrete masonry units, shall be used in a repeating pattern as integral parts of the building fabric, to the maximum extent feasible.

(4) Site Design.

(a) The natural qualities of the River landscape shall be maintained and enhanced using plants and landscape materials native to the River corridor in the design of site and landscape improvements.

(b) Parking.

1. Parking areas shall have blocks of parking stalls interspersed with landscaped islands in order to minimize the visual contrast of the parking area with the natural landscape. To the maximum extent feasible, pavement edges shall be flush with abutting landscape materials or walkways to minimize the appearance of standard concrete curbs and to emphasize the integration of development with the landscape.

2. Parking areas within the R-C District shall be screened from view from public streets, trails and the River by plant material, fencing and/or berming.

3. Berms planned to screen adjacent parking areas next to arterial and collector streets shall be at least four (4) feet high.

(c) Landscaping.

1. Landscaping and restoration of disturbed lands shall be designed to maximize the characteristics of the native riparian ecosystem and short grass prairie. Such characteristics include thickets of native shrubs massed in broad, blended drifts and clumps. Riparian plant materials shall be maintained or enhanced in the natural area protection buffer along the River and around ponds and wetlands. Upland grasses and forbs shall be planted outside of the natural area protection buffer. Groves and belts of native trees may be used as accents or to frame buildings or views. Recommended plant materials for use in this District are listed in Appendix D through G of the Prospect Road Streetscape Program.

2. Planting shall be spaced informally in masses or groups as is characteristic of the native vegetation.

3. Berms, swales and contour grading shall be designed to form varied, naturalistic contours in areas that are disturbed by development or street construction. Grading along arterial streets shall be designed to screen and soften the visual impact of adjacent development, to the maximum extent feasible.

4. Berms, swales and detention ponds shall be graded in such a manner as to make them appear to be integral parts of the landscape, designed with smooth transitions between changes in a slope and shall not exceed a 3:1 slope.

(d) Drainage.

1. Ditches or swales will be allowed for the purpose of providing for drainage and for controlling run-off between the roadway edges and sidewalks.

2. The use of concrete or asphalt to line drainage conveyance channels shall not be permitted in this District. Drainage conveyance channels shall be designed to blend into the natural landscape.

(e) Walls and Fences.

1. Fencing, screening or architectural walls are prohibited in the natural area protection buffer, except to define a public property boundary. Any such fencing shall be a rural two-rail corral and/or a three-strand smooth wire fencing not to exceed five (5) feet in height.

2. Outside of the natural area protection buffer, other open and penetrable view fencing is allowed. Solid wood fencing or walls for a distance of twenty (20) feet or less is permissible for screening and buffering. Such fencing or screening shall be six (6) feet or less in height and constructed of similar building materials and design to the primary structure or of a material that will harmonize with the architectural character and identity of the proposed development.

3. Unclad chain link fences that are visible from public areas, arterial or collector streets are prohibited.

(Ord. No. 90, 1998, 5/19/98; Ord. No. 228, 1998 §§40, 41, 92, 12/15/98; Ord. No. 204, 2001 §1, 12/18/01; Ord. No. 091, 2004 §35, 6/15/04; Ord. No. 104, 2006 §26, 7/18/06; Ord. No. 131, 2006 §5, 9/19/06; Ord. No. 073, 2008 §24, 7/1/08; Ord. No. 066, 2009 §28, 7/7/09; Ord. No. 096, 2013 §16, 7/16/13; Ord. No. 086, 2014 §60, 7/1/14)


DIVISION 4.15 RESERVEDGo to the top


DIVISION 4.16 DOWNTOWN DISTRICT (D)Go to the top

(A) Purpose. The Downtown District is intended to provide a concentration of retail, civic, office and cultural uses in addition to complementary uses such as hotels, entertainment and housing. It is divided into three (3) subdistricts as depicted on Figure 18. The development standards for the Downtown District are intended to encourage a mix of activity in the area while providing for quality development that maintains a sense of history, human scale and pedestrian-oriented character.

(B) Permitted Uses.

(1) The following uses are permitted in the D District subject to basic development review:

(a) Accessory/Miscellaneous Uses:

1. Urban agriculture.

(b) Any use authorized pursuant to a site specific development plan that was processed and approved either in compliance with the Zoning Code in effect on March 27, 1997, or in compliance with this Code (other than a final subdivision plat, or minor subdivision plat, approved pursuant to Section 29-643 or 29-644 of prior law, for any nonresidential development or any multi-family dwelling containing more than four [4] dwelling units), provided that such use shall be subject to all of the use and density requirements and conditions of said site specific development plan.

(c) Any use which is not hereafter listed as a permitted use in this zone district but which was permitted for a specific parcel of property pursuant to the zone district regulations in effect for such parcel on March 27, 1997; and which physically existed upon such parcel on March 27, 1997; provided, however, that such existing use shall constitute a permitted use only on such parcel of property.

(d) Institutional/Civic/Public Uses:

1. Neighborhood parks as defined by the Parks and Recreation Policy Plan.

Figure 18

Downtown District Subdistricts

Figure 18 - Downtown District Subdistricts

(2) The following uses are permitted in the subdistricts of the Downtown District, subject to Basic Development Review (BDR), administrative (Type 1) Review or Planning and Zoning Board (Type 2) Review as specifically identified on the chart below:

Land Use
Old City Center
Canyon Avenue
Civic Center
A. RESIDENTIAL
Two-family dwellings
Not Permitted
Type 1
Not Permitted
Single-family attached dwellings (up to four [4] units per building)
Not Permitted
Type 1
Type 1
Single-family detached dwellings which were subsequently converted to a different use and are proposed to be returned to their original use
BDR
BDR
BDR
Any residential use consisting in whole or in part of multi-family dwellings that contain fifty (50) dwelling units or less, and seventy-five (75) bedrooms or less
BDR
Type 2
Type 2
Any residential use consisting in whole or in part of multi-family dwellings that contain more than fifty (50) dwelling units, or more than seventy-five (75) bedrooms
Type 2
Type 2
Type 2
Group homes
Type 1
Type 2
Type 2
Mixed-use dwellings
BDR
Type 1
Type 1
Extra occupancy rental houses with more than five (5) tenants
Type 1
Type 1
Type 1
Extra occupancy rental houses with five (5) or fewer tenants
BDR
BDR
BDR
Fraternity and sorority houses
Not permitted
Type 2
Not permitted
Shelters for victims of domestic violence
BP
BP
BP
B. INSTITUTIONAL/CIVIC/PUBLIC
Places of worship or assembly
Type 1
Type 1
Type 2
Public and private schools (colleges, universities, vocation training)
BDR
Type 1
Type 1
Public and private schools (elementary, intermediate and high school education)
Type 2
Type 2
Type 2
Community facilities
Type 1
Type 1
Type 1
Long-term care facilities
Type 2
Type 2
Type 2
Minor public facilities
BDR
Type 1
Type 1
Parks, recreation and other open lands, except neighborhood parks as defined by the Parks and Recreation Policy Plan
Type 1
Type 1
Type 1
Transit facilities (without repair/storage)
Type 2
Type 2
Type 2
Jails, detention and penal centers
Not Permitted
Not Permitted
Type 2
C. COMMERCIAL/RETAIL
Bed and breakfast establishments
BDR
Type 1
Type 1
Standard restaurants
BDR
Type 1
Type 1
Retail establishments
BDR
Type 2
Type 2
Grocery stores (occupying between five thousand [5,000] and forty-five thousand [45,000] square feet)
Type 1
Type 1
Type 1
Personal and business service shops
BDR
Type 1
Type 1
Offices, financial services and clinics
BDR
Type 1
Type 1
Artisan, photography galleries and studios
BDR
Type 1
Type 1
Limited indoor recreation establishments
BDR
Type 1
Type 1
Fast food restaurants (without drive-in or drive-through facilities)
BDR
Type 1
Type 1
Gasoline stations
Not Permitted
Type 2
Type 2
Bars and taverns
BDR
Type 2
Type 2
Night clubs
BDR
Type 2
Type 2
Entertainment facilities and theaters
BDR
Type 2
Type 1
Child care centers
Type 1
Type 1
Type 1
Clubs and lodges
BDR
Type 1
Type 1
Funeral homes
Not Permitted
Type 2
Not Permitted
Lodging establishments
Type 2
Type 2
Type 2
Health and membership clubs
BDR
Type 1
Type 1
Parking lots and garages (as a principal use)
Type 2
Type 2
Type 2
Veterinary facilities/small animal clinics
Not Permitted
Type 2
Type 2
Supermarkets
Not Permitted
Type 2
Type 2
Open-air farmers markets
Type 1
Type 1
Type 1
Large retail establishments
Type 2
Type 2
Type 2
Print shops
Type 1
Type 1
Type 1
Dog day care facilities
Not Permitted
Type 2
Type 2
Food catering or small food product preparation
BDR
BDR
BDR
Exhibit halls
BDR
Type 2
Type 1
Conference/convention center
BDR
Type 2
Type 2
Day shelters, provided they do not exceed 10,000 square feet and are located within 1,320 feet (¼ mile) of a Transfort route
Type 2
Not Permitted
Type 2
Adult day/respite care centers
Type 1
Type 1
Type 1
Small scale reception centers
Type 1
Type 1
Type 1
Outdoor amphitheaters
Type 2
Type 2
Type 2
Microbrewery/distillery/winery
BDR
Type 2
Type 2
Medical marijuana centers
BDR
BDR
BDR
Retail marijuana store
Type 1
Type 1
Type 1
Music studios
Type 1
Type 1
Type 1
D. INDUSTRIAL
Workshops and small custom industry
Not Permitted
Type 1
Type 1
Research laboratories
Not Permitted
Type 1
Type 1
Small-scale and medium-scale solar energy systems
Type 1
Type 1
Type 1
E. ACCESSORY – MISCELLANEOUS
Accessory buildings
BDR
BDR
BDR
Accessory uses
BDR
BDR
BDR
Outdoor vendor
BDR
BDR
BDR
Satellite dishes more than thirty-nine (39) inches in diameter
BDR
BDR
BDR
Wireless telecommunication equipment
Type 1
Type 1
Type 1
Wireless telecommunication facilities
Type 2
Type 2
Type 2
Drive-in facilities
Not Permitted
Type 2
Type 2

 

(C) Prohibited Uses. All uses that are not (1) expressly allowed as permitted uses in this Section or (2) determined to be permitted by the Director or the Planning and Zoning Board pursuant to Section 1.3.4 of this Land Use Code shall be prohibited.

(D) Building Standards.

(1) Setback from Streets. A landscaped setback shall be required on all block faces west of Mason Street, excluding the block faces along the west side of Mason Street, except that no such setback shall be required at building entrances, or in front of display windows along the street sidewalk. Setbacks shall be compatible with established setbacks of existing buildings on the same block face and necessary utility easements. Landscaping shall be designed as an integral part of the development plan. At a minimum, the width of such landscaping shall be adequate to allow for health and viability of proposed plant materials.

(2) Building Height.

(a) Buildings in the Old City Center shall not exceed four (4) stories or fifty-six (56) feet in height.

(b) The maximum height of buildings in the Canyon Avenue and Civic Center shall be as shown on the Building Heights Map (Figure 18.5).

Figure 18.5

Building Heights Map

Figure 18.5 - Building Heights Map

(c) Measurement of Height Limits for the Canyon Avenue and Civic Center Subdistricts. The maximum height limits are intended to convey a scale of building rather than an exact point or line. In the case of sloped roofs, building height shall be measured to the mean height between the eave and ridge. The maximum height limits are not intended to hinder architectural roof features such as sloped roofs with dormers, penthouses, chimneys, towers, shaped cornices or parapets, or other design features that exceed the numerical limits but do not substantially increase bulk and mass. Lofts or penthouses projecting above the limits shall not exceed one-third (1/3) of the floor area of the floor below, and shall be set back from any roof edge along a street, by a distance equal to or greater than the height of the loft or penthouse structure. See Figure 18.6.

Figure 18.6

Measurement of Height Limits

Figure 18.6 - Measurement of Height Limits

(3) Planning and Zoning Board Review of Large Buildings. Development plans with new buildings (or building additions) greater than twenty-five thousand (25,000) square feet in floor area per story, or which exceed either six (6) stories or eight-five (85) feet in height, shall be subject to Planning and Zoning Board review.

(4) Building Mass Reduction for Taller Buildings (over three [3] stories).

(a) Old City Center: The fourth story of a building shall be set back at a thirty-five-degree angle measured at the intersection of the floor plane of the fourth story and the property line along the public street frontage. See Figure 19.

Figure 19

Fourth Story Setback

Figure 19 - Fourth Story Setback

(b) Canyon Avenue and Civic Center:

1. Base. Taller buildings (over three [3] stories) shall have a base portion consisting of one (1) or two (2) stories, clearly defined by a prominent, projecting cornice or roof, fenestration, different materials and different colors from the remainder of the building. If the base portion is two (2) stories, the ground floor shall be further differentiated by fenestration and other detailing.

2. Upper Floor Setbacks. Upper portions of taller buildings shall be further set back above the base in such a manner as to contribute to a significant aspect of the building design. Upper floor setbacks shall be determined by an emphasis on pedestrian scale in sidewalks and outdoor spaces, compatibility with the scale and massing of nearby buildings, preservation of key sunshine patterns in adjacent spaces, and preservation of views in order to ensure sensitivity to the historic context and scale of downtown and to maintain a degree of open sky as part of the visual character of the City.

Base Portion

3. Additional upper floor setback and mass reduction for buildings over six (6) stories or eighty-five (85) feet in height in the Canyon Avenue and Civic Center subdistricts. The Planning and Zoning Board may approve additional height above six (6) stories or eighty-five (85) feet in those areas shown on the Building Heights Map, provided that the additional height is incorporated into the programming and design of the building in such manner as to mitigate mass and add significant architectural interest to a building. Architectural design details, projections, recesses and rooflines shall be used to mitigate the additional height.

(5) Building Character and Facades.

(a) Blank walls. No blank wall that faces a public street, public plaza or walkway shall exceed fifty (50) feet in length.

(b) Outdoor activity. Buildings shall promote and accommodate outdoor activity with balconies, arcades, terraces, decks and courtyards for residents' and workers' use and interaction, to the extent reasonably feasible.

(c) Windows. Buildings shall promote and accommodate outdoor activity with balconies, arcades, terraces, decks and courtyards for residents' and workers' use and interaction, to the extent reasonably feasible.

1. Glass curtain walls and spandrel-glass strip windows shall not be used as the predominate style of fenestration for buildings in this District. This requirement shall not serve to restrict the use of atrium, lobby or greenhouse-type accent features used as embellishments to the principal building.

2. If ground floor retail, service and restaurant uses have large pane display windows, such windows shall be framed by the surrounding wall and shall not exceed seventy-five (75) percent of the total ground level facade area.

(d) Nonresidential buildings. All nonresidential buildings permitted in this District (including, without limitation, mixed-use and industrial use buildings) shall meet the standards established in Section 3.5.3 for mixed-use and commercial buildings.

(e) Canyon Avenue and Civic Center: Exterior facade materials. All street-facing facades shall be constructed of high quality exterior materials for the full height of the building. Such materials, with the exception of glazing, shall include stone, brick, clay units, terra cotta, architectural pre-cast concrete, cast stone, prefabricated brick panels, architectural metals or any combination thereof. Except for windows, material modules shall not exceed either five (5) feet horizontally or three (3) feet vertically without the clear expression of a joint. For the purposes of this provision, architectural metals shall mean metal panel systems that are either coated or anodized; metal sheets with expressed seams; metal framing systems; or cut, stamped or cast ornamental metal panels. Architectural metals shall not include ribbed or corrugated metal panel systems.

(6) Parking Structures. To the extent reasonably feasible, all parking structures shall meet the following design criteria:

(a) Where parking structures abut streets, retail and other uses shall be required along the ground level frontage to minimize interruptions in pedestrian interest and activity. The decision maker may grant an exception to this standard for all or part of the ground level frontage on streets with low pedestrian interest or activity.

(b) Parking and awnings, signage and other architectural elements shall be incorporated to encourage pedestrian activity at the street-facing level.

(c) Architectural elements, such as openings, sill details, emphasis on vertical proportions such as posts, recessed horizontal panels and other architectural features shall be used to establish human scale at the street-facing level.

(d) The architectural design of structures shall be compatible in architectural design with adjacent buildings in terms of style, mass, material, height, roof pitch and other exterior elements.

(e) Auto entrances shall be located to minimize pedestrian/auto conflicts.

(E) Site Design Standards.

(1) Site Design.

(a) Parking lots. Parking lots shall not dominate the frontage of pedestrian-oriented streets, interrupt pedestrian routes or negatively affect surrounding neighborhoods. Parking lots shall be located behind buildings in the interior of blocks, in side yards, underground or in a parking structure, to the maximum extent feasible.

(b) Outdoor cafes. Restaurants shall be permitted to operate outdoor cafes on sidewalks, including areas within the public right-of-way and in courtyards, provided that pedestrian circulation and access to store entrances shall not be impaired. Outdoor cafes shall also be permitted to operate on rooftops, balconies or other similar locations. The following standards shall apply to all outdoor cafes:

1. To allow for pedestrian circulation, a minimum of seven (7) feet of sidewalk along the curb and leading to the entrance to the establishment shall be maintained free of tables and other encumbrances.

2. Planters, posts with ropes or other removable enclosures are permitted as a way of defining the area occupied by the cafe.

3. Extended awnings, canopies or large umbrellas shall be permitted. Colors shall complement building colors.

4. Outdoor cafes shall be required to provide additional trash receptacles in the outdoor eating area.

5. Tables, chairs, planters, trash receptacles and other elements of street furniture shall be compatible with the architectural character of the building where the establishment is located in terms of style, color, materials and similar elements.

6. The operators of outdoor cafes shall be responsible for maintaining a clean, litter-free and well-kept appearance within and immediately adjacent to the area of their activities.

7. Outdoor spaces. To the extent reasonably feasible, outdoor spaces shall be placed next to activity that generates the users (such as street corners, offices, day care, shops and dwellings). Outdoor spaces shall be linked to and made visible from streets and sidewalks to the extent reasonably feasible.

(c) Canyon Avenue and Civic Center: Plazas. For buildings located within the Canyon Avenue and Civic Center sub-districts that are four (4) stories or taller, ground floor open space shall be provided that is organized and arranged to promote both active and passive activities for the general public. Such space must be highly visible and easily accessible to the public and must include features that express and promote a comfortable human sense of proportionality between the individual and the environment, whether natural or man-made.

(F) Special Provisions – Civic Center Subdistrict. The Civic Center Subdistrict will serve as an important element of the Downtown District and as the primary location for new civic uses and buildings. The following criteria shall apply to all development in the Civic Center Subdistrict:

(1) Civic spine. All development shall incorporate the concept of the "Civic Spine" as described in the Downtown Civic Center Master Plan, allowing for continuous north-south and east-west pedestrian connections. The civic spine will serve to connect various buildings in order to unify parks and plazas.

(2) Building materials. The use of local sandstone is required in all civic buildings to establish a visual continuity and a local sense of place.

(3) Civic buildings. New major civic buildings, such as a library, government offices, courthouses, performing arts facilities and transit centers, shall be located within the Civic Center Subdistrict and placed in central locations as highly visible focal points. To the extent reasonably feasible, they shall be close to a transit stop.

(4) Incorporation of new buildings. New buildings shall be designed in a manner that establishes continuity and a visual connection between new and existing buildings within and adjacent to the Civic Center Subdistrict. The height, mass and materials of major public buildings shall convey a sense of permanence and importance.

(G) Old Town Fort Collins Historic District. Buildings located within the locally designated Old Town Fort Collins Historic District shall also comply with the Old Town Historic Landmark District Design Standards, Chapter 14 of the City Code, and the U.S. Secretary of the Interior Standards for Treatment of Historic Buildings. See Old Town Fort Collins Historic District, Figure 19.

Figure 19
Old Town Fort Collins Historic District

(Ord. No. 90, 1998, 5/19/98; Ord. No. 228, 1998 §42, 12/15/98; Ord. No. 99, 1999 §§20, 21, 6/15/99; Ord. No. 165, 1999 §39, 11/16/99; Ord. No. 59, 2000 §33, 6/6/00; Ord. No. 183, 2000 §§14, 31, 12/19/00; Ord. No. 107, 2001 §43, 6/19/01; Ord. No. 204, 2001 §§1, 40—42, 12/18/01; Ord. No. 087, 2002 §§29, 30, 6/4/02; Ord. No. 090, 2003 §§11, 16, 6/17/03; Ord. No. 173, 2003 §§26—31, 12/16/03; Ord. No. 123, 2005 §18, 11/15/05; Ord. No. 104, 2006 §27, 7/18/06; Ord. No. 131, 2006 §5, 9/19/06; Ord. No. 192, 2006 §§25, 26, 12/19/06; Ord. No. 081, 2007 §§18—20, 7/17/07; Ord. No. 073, 2008 §24, 7/1/08; Ord. No. 066, 2009 §29, 7/7/09; Ord. No. 026, 2010 §4, 3/16/10; Ord. No. 068, 2010 §13, 7/6/10; Ord. No. 020, 2011 §1, 3/15/11; Ord. No. 120, 2011 §§28, 29, 9/20/2011; Ord. No. 010, 2012 §3, 2/21/12; Ord. No. 051, 2012 §13, 7/17/12; Ord. No. 057, 2012 §2, 7/17/12; Ord. No. 130, 2012 §7, 11/20/12; Ord. No. 143, 2012 §3, 1/15/13; Ord. No. 096, 2013 §17, 7/16/13; Ord. No. 042, 2014 §2, 3/18/14; Ord. No. 086, 2014 §§61—64, 7/1/14)


DIVISION 4.17 RIVER DOWNTOWN REDEVELOPMENT DISTRICT (R-D-R)Go to the top

(A) Purpose. The River Downtown Redevelopment District is intended to reestablish the linkage between Old Town and the River through redevelopment in the Cache la Poudre River (the "River") corridor. This District offers opportunities for more intensive redevelopment of housing, businesses and workplaces to complement Downtown. Improvements should highlight the historic origin of Fort Collins and the unique relationship of the waterway and railways to the urban environment as well as expand cultural opportunities in the Downtown area. Any significant redevelopment should be designed as part of a master plan for the applicable group of contiguous properties. Redevelopment will extend the positive characteristics of Downtown such as the pattern of blocks, pedestrian-oriented streetfronts and lively outdoor spaces.

(B) Permitted Uses.

(1) The following uses are permitted in the R-D-R District, subject to basic development review, provided that such uses are located on lots that are part of an approved site-specific development plan:

(a) Accessory/Miscellaneous Uses:

1. Accessory buildings.

2. Accessory uses.

3. Outdoor vendor.

4. Urban agriculture.

(b) Any use authorized pursuant to a site specific development plan that was processed and approved either in compliance with the Zoning Code in effect on March 27, 1997, or in compliance with this Code (other than a final subdivision plat, or minor subdivision plat, approved pursuant to Section 29-643 or 29-644 of prior law, for any nonresidential development or any multi-family dwelling containing more than four [4] dwelling units), provided that such use shall be subject to all of the use and density requirements and conditions of said site specific development plan.

(c) Any use which is not hereafter listed as a permitted use in this zone district but which was permitted for a specific parcel of property pursuant to the zone district regulations in effect for such parcel on March 27, 1997; and which physically existed upon such parcel on March 27, 1997; provided, however, that such existing use shall constitute a permitted use only on such parcel of property.

(d) Institutional/Civic/Public Uses:

1. Neighborhood parks as defined by the Parks and Recreation Policy Plan.

(e) Residential Uses:

1. Extra occupancy rental houses with five (5) or fewer tenants.

2. Shelters for victims of domestic violence.

(f) Commercial/Retail Uses:

1. Medical marijuana centers.

(g) Industrial Uses:

1. Medical marijuana optional premises cultivation operations.

2. Medical marijuana-infused product manufacturers.

(2) The following uses are permitted in the R-D-R District, subject to administrative review:

(a) Residential Uses:

1. Single-family attached dwellings.

2. Single-family detached dwellings containing no more than eight hundred (800) square feet of floor area, constructed on lots which contain existing dwellings.

3. Two-family dwellings.

4. Any residential use consisting in whole or in part of multi-family dwellings that contain fifty (50) dwelling units or less, and seventy-five (75) bedrooms or less.

5. Group homes for up to eight (8) developmentally disabled or elderly persons.

6. Mixed-use dwellings.

7. Extra occupancy rental houses with more than five (5) tenants.

(b) Institutional/Civic/Public Uses:

1. Places of worship or assembly.

2. Public and private schools, including colleges, universities, vocational and technical training.

3. Community facilities.

4. Minor public facilities.

5. Parks, recreation and other open lands, except neighborhood parks as defined by the Parks and Recreation Policy Plan.

(c) Commercial/Retail Uses:

1. Standard and fast food restaurants (without drive-in or drive-through facilities).

2. Grocery stores (occupying between five thousand [5,000] and forty-five thousand [45,000] square feet).

3. Personal and business service shops.

4. Offices, financial services and clinics.

5. Artisan and photography studios and galleries.

6. Retail establishments.

7. Bars, taverns and nightclubs.

8. Open-air farmers markets.

9. Lodging establishments.

10. Limited indoor recreation establishments.

11. Food catering or small food product preparation.

12. Health clubs.

13. Microbrewery/distillery/winery.

14. Retail marijuana store.

15. Music studios.

(d) Industrial Uses:

1. Retail marijuana cultivation facility.

2. Retail marijuana product manufacturing facility.

3. Retail marijuana testing facility.

4. Small-scale and medium-scale solar energy systems.

(e) Accessory/Miscellaneous Uses:

1. Wireless telecommunication equipment.

2. Satellite dish antennas greater than thirty-nine (39) inches in diameter.

(3) The following uses are permitted in the R-D-R District, subject to Planning and Zoning Board review:

(a) Residential Uses:

1. Group homes other than those in 2(a) above.

2. Any residential use consisting in whole or in part of multi-family dwellings that contain more than fifty (50) dwelling units, or more than seventy-five (75) bedrooms.

(b) Institutional/Civic/Public Uses:

1. Transit facilities without repair or storage.

(c) Commercial/Retail Uses:

1. Child care centers.

2. Print shops.

3. Entertainment facilities and theaters.

4. Exhibit halls.

5. Day shelters, provided that they do not exceed ten thousand (10,000) square feet and are located within one thousand three hundred twenty (1,320) feet (one-quarter [¼] mile) of a Transfort route.

6. Adult day/respite care centers.

7. Outdoor amphitheaters.

8. Parking lots and parking structures (as a principal use).

(d) Industrial Uses:

1. Research laboratories.

2. Workshops and custom small industry uses.

3. Light industrial uses.

(C) Prohibited Uses. All uses that are not (1) expressly allowed as permitted uses in this Section or (2) determined to be permitted by the Director or the Planning and Zoning Board pursuant to Section 1.3.4 of this Code shall be prohibited.

(D)  Development Standards.

(1)  Transition between the River and Development.

(a)  River Landscape Buffer. In substitution for the provisions contained in subsection 3.4.1(E) (Establishment of Buffer Zones) requiring the establishment of "natural area buffer zones," the applicant shall establish, preserve or improve a continuous landscape buffer along the River as an integral part of a transition between development and the River. To the maximum extent feasible, the landscape buffer shall consist predominantly of native tree and shrub cover. (See Figure 20.) The landscape buffer shall be designed to prevent bank erosion and to stabilize the River bank in a manner adequate to withstand the hydraulic force of a 100-year flood event. The bank stabilization shall comply with the following criteria:

Figure 20
Landscape Buffer

1.  Any bank stabilization improvements shall consist of native plants and stone, to the extent reasonably feasible. If any structural materials such as concrete are required, such materials shall be designed to emphasize characteristics of the native landscape such as color, texture, patterns and proportions, in order to minimize contrast with the River landscape.

2.  The predominant visual elements in any bank stabilization improvements shall be native vegetation and stone, notwithstanding the use of any integrated structural elements. Blank walls shall not be used to retain the slope of the River bank.

(b)  Outdoor spaces. On sites that have River frontage between Linden Street and Lincoln Avenue, buildings or clusters of buildings shall be located and designed to form outdoor spaces (such as balconies, arcades, terraces, decks or courtyards) on the River side of the buildings and/or between buildings, as integral parts of a transition between development and the River. A continuous connecting walkway (or walkway system) linking such spaces shall be developed, including coordinated linkages between separate development projects.

(2)  Street and Walkways.

(a)  Streets. Redevelopment shall maintain the existing block grid system of streets and alleys. To the extent reasonably feasible, the system shall be augmented with additional connections, such as new streets, alleys, walkway spines, mid-block passages, courtyards and plazas, in order to promote a fine-grained pedestrian circulation network that supplements public sidewalks.

(b)  Driveways. To the extent reasonably feasible, driveways and curb cuts must be minimized in order to avoid disruption to the sidewalk network, by using shared driveways between properties. The width of driveways and turning radii must be minimized except where truck access is required.

(c)  Linden Streetscape. Redevelopment activity along the Linden Street frontage shall be designed to provide for the extension of the streetscape improvements found between Walnut Street and Jefferson Street, including on-street parking defined by landscaped curb extensions, wide sidewalks with trees in cutouts and tree grates and pedestrian light fixtures. Specific design details are subject to approval by the City Engineer in accordance with the design criteria for streets.

(d)  Jefferson Streetscape. Redevelopment activity along the Jefferson Street frontage shall provide formal streetscape improvements including street trees in sidewalk cutouts with tree grates and planters to screen parking. Planters to screen parking shall be designed and constructed to appear as integral extensions of the building design. Materials used shall not be inferior to those used in the construction of the principal building.

(e)  Interim Improvements. If, at the time of review of a development application, design and engineering criteria for permanent street edge improvements have not been established, then the applicant may construct interim street edge improvements, if such improvements are approved by the City Engineer based upon the following criteria:

1.  To the maximum extent feasible, the interim improvements will not conflict with any permanent improvements reasonably anticipated to be installed in the future, and

2.  The construction of the interim improvements would not be detrimental to the public good.

(3)  Buildings.

(a)  Industrial Buildings. Except as otherwise provided in this subsection (3), all new nonresidential buildings, including industrial buildings, shall comply with the standards for Mixed-use and Commercial Buildings contained in Section 3.5.3.

(b)  Programming, Massing and Placement.

1.  Height/Mass. Multiple story buildings of up to five (5) stories are permitted, provided that massing is terraced back from the River and from streets so that multiple story buildings are stepped down to one (1) story abutting the River landscape frontage and are stepped down to three (3) stories or less abutting any street frontage. Such terraced massing shall be a significant and integral aspect of the building design. Where new buildings are placed next to existing shorter buildings that are expected to remain, the new buildings must be stepped down in such a manner as to minimize their impact on the shorter buildings.

2.  Parking lots. Buildings shall be sited so that any new parking lots and vehicle use areas are located in either: (1) interior block locations between buildings that face the street and buildings that face the River, or (2) side yards.

3.  Street frontage. Proposed parking lots and/or vehicular use areas located within fifty (50) feet of any street right-of-way shall not exceed fifty (50) percent of the street frontage of the parcel upon which the parking lot or vehicular use area is proposed.

4.  Frequent view/access. No building wall abutting the landscape corridor along the River shall exceed one hundred twenty-five (125) feet on the axis along the River.

5.  Outdoor spaces and amenities. To the extent reasonably feasible, all development shall provide on-site outdoor space such as courtyard, plaza, patio or other pedestrian-oriented outdoor space. To the extent reasonably feasible, outdoor spaces shall be visible from the street and shall be visually or physically connected with any outdoor spaces on adjacent properties.

(c)  Character and Image. New buildings shall be designed to demonstrate compatibility with the historical agricultural/industrial characteristics of the District in order to promote visual cohesiveness and emphasize positive historical attributes. Such characteristics include simple rectilinear building shapes, simple rooflines, juxtaposed building masses that directly express interior volumes/functions, visible structural components and joinery, details formed by brickwork, sandstone, sills, lintels, headers and foundations and details formed by joinery of structural materials.

1.  Outdoor spaces. Buildings and extensions of buildings shall be designed to form architectural outdoor spaces such as balconies, arcades, terraces, decks or courtyards.

2.  Windows. Windows shall be individually defined with detail elements such as frames, sills and lintels, and placed so as to visually establish and define the building stories and establish human scale and proportion. Windows shall be placed in a symmetrical pattern relative to the wall and massing. Glass curtain walls and spandrel-glass strip windows shall not be used as the predominant style of fenestration for buildings in this District. This requirement shall not serve to restrict the use of atrium, lobby or greenhouse-type accent features used as embellishments to the principal building.

3.  Roof forms. Flat, shed and gable roof forms corresponding to massing and interior volumes/functions shall be the dominant roof forms. Flat-roofed masonry buildings shall feature three-dimensional cornice treatment integral with masonry on all walls facing streets, the River or connecting walkways. Additional decorative shaped cornices in wood (or other material indistinguishable from wood) shall be permitted in addition to the top masonry cornice treatment. Sloped metal roofs are allowed. Barrel roofs may be used as an accent feature but must be subordinate to the dominant roof. Specialized or unusual roof forms, including mansards and A-frames, are prohibited. A single continuous horizontal roofline shall not be used on one-story buildings except as part of a design style that emulates nearby landmarks (or structures eligible for landmark designation).

4.  Materials. Building materials shall contribute to visual continuity within the District. Textured materials with native and historic characteristics, such as brick, stone, wood, architectural cast stone and synthetic stone in historically compatible sandstone patterns only, architectural metals and materials with similar characteristics and proportions shall be used in a repeating pattern as integral parts of the exterior building fabric. Masonry units must wrap around the corners of walls so as to not appear as an applied surface treatment. Other exterior materials, if any, shall be used as integral parts of the overall building fabric, in repeating modules, proportioned both horizontally and vertically to relate to human scale, and with enough depth at joints between architectural elements to cast shadows, in order to better ensure that the character and image of new buildings are visually related to the Downtown and River context. Lapped aluminum siding, vinyl siding, smooth-face concrete masonry units, synthetic stucco coatings and imitation brick are prohibited.

5.  Primary entrance. The primary entrance must be clearly identified and must be oriented to a major street, pedestrian way, place, courtyard and/or other key public space. The primary entrance must feature a sheltering element such as a canopy or be defined by a recess or a simple surround.

6.  Accent features. Accent features, where used, must complement and not dominate the overall composition and design of the building and may include secondary entrances, loading docks, garage bays, balconies, canopies, cupolas, vertical elevator/stair shafts and other similar features.

7.  Awnings and canopies. Awnings and canopies must complement the character of the building and must be subordinate to the facade. Colors must be solid or two (2) color stripes for simplicity.

(4)  Site Design.

(a)  River Landscape. The natural qualities of the River landscape shall be maintained and enhanced, using plants and landscape materials native to the River corridor in the design of site and landscape improvements.

(b)  Walls, Fences and Planters. Walls, fences and planters shall be designed to match or be consistent with the quality of materials, the style and colors of nearby buildings. Brick, stone or other masonry may be required for walls or fence columns.

(c)  Street Edge. A well-defined street edge must be established and shall be compatible with the streetscape in the public realm. Components may include any of the following: planted areas, decorative paving, public art, street furnishing with ornamental lighting and iron and metal work that reflect on the agricultural/industrial heritage of the district.

(d)  Corner Lots. For sites located at public street corners, parking lots and vehicular use areas shall not abut more than one (1) street frontage.

(e)  Parking. Where parking lots are highly visible from streets or pedestrian-oriented outdoor spaces, a visual buffer must be provided. Such buffering may consist of any of the following singularly or in combination: a low solid screen wall, a semi-opaque screen or a living green wall consisting of plant material sufficient to provide a minimum of seventy-five-percent opacity year-round or other screening device that is sensitive to pedestrian activity.

(f)  Interim Parking. Interim parking lots as a principal use may be approved with a gravel surface and without lighting and landscape improvements, and shall be restricted to a period of use not to exceed three (3) years. Extensions for two (2) successive periods of one (1) year each may be granted by the Planning and Zoning Board upon a finding that the use is compatible with the context of the area and is a beneficial use which supports the purpose of the R-D-R zone.

(g)  Service Areas and Outside Storage Areas. Service areas and outside storage areas that are not used for trash and recycling containers, dumpsters and mechanical equipment must, to the maximum extent feasible, be located to the side or rear of the building and be screened from public view. Notwithstanding the foregoing, where industrial processes and outdoor mechanical activities are functionally integral to the principal use, such areas must, to the extent reasonably feasible, be located to the side or rear of the building and not impact pedestrian areas. Partial screening must be provided with design and materials consistent with the building and/or the agricultural/industrial character of the area.

(E)  Design Guidelines. See also the Fort Collins R-D-R, River Downtown Redevelopment Zone District Design Guidelines, which are intended to assist applicants in the preparation of development plans within the zone district.

(Ord. No. 90, 1998, 5/19/98; Ord. No. 228, 1998 §§43, 44, 92, 12/15/98; Ord. No. 99, 1999 §22, 6/15/99; Ord. No. 165, 1999 §40, 11/16/99; Ord. No. 183, 2000 §§14, 32, 12/19/00; Ord. No. 204, 2001 §§1, 43, 44, 12/18/01; Ord. No. 087, 2002 §§31, 32, 6/4/02; Ord. No. 090, 2003 §11, 6/17/03; Ord. No. 091, 2004 §§36, 37, 6/15/04; Ord. No. 123, 2005 §§19—21, 11/15/05; Ord. No. 104, 2006 §§28, 29, 7/18/06; Ord. No. 131, 2006 §5, 9/19/06; Ord. No. 156, 2006, 10/17/06; Ord. No. 192, 2006 §27, 12/19/06; Ord. No. 081, 2007 §21, 7/17/07; Ord. No. 073, 2008 §24, 7/1/08; Ord. No. 066, 2009 §30, 7/7/09; Ord. No. 026, 2010 §5, 3/16/10; Ord. No. 045, 2010 §1, 5/4/10; Ord. No. 068, 2010 §14, 7/6/10; Ord. No. 020, 2011, §§2, 3, 3/15/11; Ord. No. 010, 2012 §4, 2/21/12; Ord. No. 051, 2012 §14, 7/17/12; Ord. No. 057, 2012 §3, 7/17/12; Ord. No. 130, 2012 §§8, 9, 11/20/12; Ord. No. 143, 2012 §4, 1/15/13; Ord. No. 014, 2013 §4, 2/19/13; Ord. No. 096, 2013 §18, 7/16/13; Ord. No. 042, 2014 §§3, 4, 3/18/14; Ord. No. 086, 2014 §§65—68, 7/1/14)


DIVISION 4.18 COMMUNITY COMMERCIAL DISTRICT (C-C)Go to the top

(A) Purpose. The Community Commercial District provides a combination of retail, offices, services, cultural facilities, civic uses and higher density housing. Multi-story buildings are encouraged to provide a mix of residential and nonresidential uses. Offices and dwellings are encouraged to locate above ground-floor retail and services.

(B) Permitted Uses.

(1) The following uses are permitted in the C-C District, subject to basic development review, provided that such uses are located on lots that are part of an approved site-specific development plan:

(a) Accessory/Miscellaneous Uses:

1. Accessory buildings.

2. Accessory uses.

3. Outdoor vendor.

4. Urban agriculture.

(b) Any use authorized pursuant to a site specific development plan that was processed and approved either in compliance with the Zoning Code in effect on March 27, 1997, or in compliance with this Code (other than a final subdivision plat, or minor subdivision plat, approved pursuant to Section 29-643 or 29-644 of prior law, for any nonresidential development or any multi-family dwelling containing more than four [4] dwelling units), provided that such use shall be subject to all of the use and density requirements and conditions of said site specific development plan.

(c) Any use which is not hereafter listed as a permitted use in this zone district but which was permitted for a specific parcel of property pursuant to the zone district regulations in effect for such parcel on March 27, 1997; and which physically existed upon such parcel on March 27, 1997; provided, however, that such existing use shall constitute a permitted use only on such parcel of property.

(d) Institutional/Civic/Public Uses:

1. Neighborhood parks as defined by the Parks and Recreation Policy Plan.

(e) Residential Uses:

1. Extra occupancy rental houses with five (5) or fewer tenants.

2. Shelters for victims of domestic violence.

(f) Commercial/Retail Uses:

1. Medical marijuana centers.

(2) The following uses are permitted in the C-C District, subject to administrative review:

(a) Residential Uses:

1. Single-family attached dwellings.

2. Two-family dwellings.

3. Any residential use consisting in whole or in part of multi-family dwellings that contain fifty (50) dwelling units or less, and seventy-five (75) bedrooms or less.

4. Group homes.

5. Extra occupancy rental houses with more than five (5) tenants.

6. Mixed-use dwellings.

(b) Institutional/Civic/Public Uses:

1. Places of worship or assembly.

2. Public and private schools, including colleges, universities, vocational and technical training.

3. Community facilities.

4. Minor public facilities.

5. Parks, recreation and open lands, except neighborhood parks as defined by the Parks and Recreation Policy Plan.

6. Transit facilities without repair or storage.

(c) Commercial/Retail Uses:

1. Bed and breakfast establishments.

2. Standard restaurants.

3. Fast food restaurants (without drive-in or drive-through facilities).

4. Clubs and lodges.

5. Health and membership clubs.

6. Funeral homes.

7. Grocery stores (occupying between five thousand [5,000] and forty-five thousand [45,000] square feet).

8. Personal and business service shops.

9. Convenience retail stores without fuel sales.

10. Offices, financial services and clinics.

11. Artisan and photography studios and galleries.

12. Equipment rental establishments (without outdoor storage).

13. Retail establishments.

14. Limited indoor recreation establishments.

15. Gasoline stations.

16. Bars and taverns.

17. Veterinary facilities and small animal clinics.

18. Lodging establishments.

19. Child care centers.

20. Open-air farmers markets.

21. Dog day care facilities.

22. Print shops.

23. Food catering or small food product preparation.

24. Adult day/respite care centers.

25. Small scale reception centers.

26. Microbrewery/distillery/winery.

27. Retail marijuana store.

28. Music studios.

(d) Industrial Uses:

1. Research laboratories.

2. Workshops and custom small industry uses.

3. Small-scale and medium-scale solar energy systems.

(e) Accessory/Miscellaneous Uses:

1. Satellite dish antennas greater than thirty-nine (39) inches in diameter.

2. Wireless telecommunication equipment.

3. Wireless telecommunication facilities.

(3) The following uses are permitted in the C-C District, subject to review by the Planning and Zoning Board:

(a) Residential Uses:

1. Fraternity and sorority houses.

2. Any residential use consisting in whole or in part of multi-family dwellings that contain more than fifty (50) dwelling units, or more than seventy-five (75) bedrooms.

(b) Institutional/Civic/Public Uses:

1. Hospitals.

2. Public and private schools for elementary, intermediate and high school education.

3. Long-term care facilities.

(c) Commercial/Retail Uses:

1. Large retail establishments.

2. Retail stores with vehicle servicing.

3. Vehicle minor repair, servicing and maintenance establishments (indoor).

4. Entertainment facilities and theaters.

5. Supermarkets.

6. Nightclubs.

7. Equipment, truck and trailer rental establishments.

8. Convenience retail stores with fuel sales, provided that they are at least three thousand nine hundred sixty (3,960) feet (three-quarters [¾] of a mile) from any other such use and from any fueling station.

9. Parking lots and parking garages (as a principal use).

10. Unlimited indoor recreational uses and facilities.

11. Exhibit halls.

12. Day shelters, provided they do not exceed ten thousand (10,000) square feet and are located within one thousand three hundred twenty (1,320) feet (one-quarter [¼] mile) of a Transfort route.

13. Outdoor amphitheaters.

(C) Prohibited Uses. All uses that are not (1) expressly allowed as permitted uses in this Section or (2) determined to be permitted by the Director or the Planning and Zoning Board pursuant to Section 1.3.4 of this Land Use Code shall be prohibited.

(D) Land Use Standards.

(1) Community Facilities. To the maximum extent feasible, community facilities such as community buildings, government offices, recreation centers and libraries shall be placed in central locations as highly visible focal points. To the extent reasonably feasible, they shall be located close to transit stops.

(2) Secondary Uses. All residential permitted uses, except mixed use dwellings in multistory mixed use buildings, shall be considered secondary uses in this zone district and, for projects containing ten (10) or more acres, together shall occupy no more than thirty (30) percent of the total gross area of any development plan. If the project contains less than ten (10) acres, the development plan must demonstrate how it contributes to the overall mix of land uses within the surrounding area, but shall not be required to provide a mix of land uses within the development.

(E) Development Standards.

(1) Site Planning.

(a) Building Orientation. The configuration of shops in the Community Commercial District shall orient primary ground-floor commercial building entrances to pedestrian-oriented streets, connecting walkways, plazas, parks or similar outdoor spaces, not to interior blocks or parking lots. Anchor tenant retail buildings may have their primary entrances from off-street parking lots; however, on-street entrances are strongly encouraged. The lot size and layout pattern for individual blocks within the Community Commercial District shall support this requirement.

(b) Central Feature or Gathering Place. At least one (1) prominent or central location within each geographically distinct Community Commercial District shall include a convenient outdoor open space or plaza with amenities such as benches, monuments, kiosks or public art. This feature and its amenities may be placed on blocks with community facilities.

(c) Integration of the Transit Stop. Community Commercial Districts shall be considered primary stops on the regional transit network. Transit stops, to the maximum extent feasible, shall be centrally located and adjacent to the core commercial area. Commercial uses must be directly visible and accessible from the transit stop. Transfers to feeder buses shall be provided for in the design and location of these stops. (See also Section 3.6.5, Transit Facilities Standards.)

(2) Block Requirements. All development shall comply with the applicable standards set forth below, unless the decision maker determines that compliance with a specific element of the standard is infeasible due to unusual topographic features, existing development, safety factors or a natural area or feature:

(a) Block Structure. Each Community Commercial District and each development within this District shall be developed as a series of complete blocks bounded by streets (public or private). (See Figures 17A through 17F at Section 4.6(E).) Natural areas, irrigation ditches, high-voltage power lines, operating railroad tracks and other similar substantial physical features may form up to two (2) sides of a block.

(b) Block Size. All blocks shall be limited to a maximum size of seven (7) acres, except that blocks containing supermarkets shall be limited to ten (10) acres in size.

(c) Minimum Building Frontage. Forty (40) percent of each block side or fifty (50) percent of the total of all block sides shall consist of either building frontage, plazas or other functional open space.

(d) Building Height. All buildings shall have a minimum height of twenty (20) feet, measured to the dominant roof line of a flat-roofed building, or the mean height between the eave and ridge on a sloped-roof building. In the case of a complex roof with different co-dominant portions, the measurement shall apply to the highest portion. All buildings shall be limited to five (5) stories.

(F) Development Standards for the Transit-Oriented Development (TOD) Overlay Zone. Development located within the TOD Overlay Zone shall be subject to the requirements of Division 3.10.

(Ord. No. 15, 1998 §2, 2/17/98; Ord. No. 90, 1998, 5/19/98; Ord. No. 228, 1998 §§45—47, 12/15/98; Ord. No. 41, 1999 §§9, 10, 3/16/99; Ord. No. 99, 1999 §23, 6/15/99; Ord. No. 165, 1999 §41, 11/16/99; Ord. No. 183, 2000 §33, 12/19/00; Ord. No. 204, 2001 §§1, 45, 46, 12/18/01; Ord. No. 087, 2002 §§33—35, 6/4/02; Ord. No. 090, 2003 §11, 6/17/03; Ord. No. 173, 2003 §32, 12/16/03; Ord. No. 091, 2004 §38, 6/15/04; Ord. No. 198, 2004 §25, 12/21/04; Ord. No. 123, 2005 §§22, 23, 11/15/05; Ord. No. 104, 2006 §§30, 31, 7/18/06; Ord. No. 131, 2006 §5, 9/19/06; Ord. No. 192, 2006 §28, 12/19/06; Ord. No. 078, 2007 §2 6/19/07; Ord. No. 081, 2007 §22, 7/17/07; Ord. No. 073, 2008 §24, 7/1/08; Ord. No. 006, 2009 §31, 7/7/09; Ord. No. 026, 2010 §6, 3/16/10; Ord. No. 068, 2010 §15, 7/6/10; Ord. No. 020, 2011, §4, 3/15/11; Ord. 010 2012 §5, 2/21/12; Ord. No. 051, 2012 §15, 7/17/12; Ord. No. 057, 2012 §4, 7/17/12; Ord. No. 130, 2012 §§10, 11, 11/20/12; Ord. No. 143, 2012 §5, 1/15/13; Ord. No. 096, 2013 §19, 7/16/13; Ord. No. 042, 2014 §5, 3/18/14; Ord. No. 086, 2014 §§69, 70, 7/1/14)


DIVISION 4.19 COMMUNITY COMMERCIAL - NORTH COLLEGE DISTRICT (C-C-N)Go to the top

(A) Purpose. The Community Commercial - North College District is for fringes of retail/commercial core areas and corridors. This District is intended for moderate intensity uses that are supportive of the commercial core or corridor, and that help to create a transition and a link between the commercial areas and surrounding residential areas. This designation is only for areas identified for its application in the North College Corridor Plan.

(B) Permitted Uses.

(1) The following uses are permitted in the C-C-N District, subject to basic development review, provided that such uses are located on lots that are part of an approved site specific development plan:

(a) Accessory/Miscellaneous Uses:

1. Accessory buildings.

2. Accessory uses.

3. Outdoor vendor.

4. Urban agriculture.

(b) Any use authorized pursuant to a site-specific development plan that was processed and approved either in compliance with the Zoning Code in effect on March 27, 1997, or in compliance with this Code (other than a final subdivision plat, or minor subdivision plat, approved pursuant to Section 29-643 or 29-644 of prior law, for any nonresidential development or any multi-family dwelling containing more than four [4] dwelling units), provided that such use shall be subject to all of the use and density requirements and conditions of said site-specific development plan.

(c) Any use which is not hereafter listed as a permitted use in this zone district but which was permitted for a specific parcel of property pursuant to the zone district regulations in effect for such parcel on March 27, 1997; and which physically existed upon such parcel on March 27, 1997; provided, however, that such existing use shall constitute a permitted use only on such parcel of property.

(d) Institutional/Civic/Public Uses:

1. Neighborhood parks as defined by the Parks and Recreation Policy Plan.

(e) Residential Uses:

1. Extra occupancy rental houses with five (5) or fewer tenants.

2. Shelters for victims of domestic violence.

(f) Commercial/Retail Uses:

1. Medical marijuana centers.

(g) Industrial Uses:

1. Medical marijuana optional premises cultivation operations.

2. Medical marijuana-infused product manufacturers.

(2) The following uses are permitted in the C-C-N District, subject to administrative review:

(a) Residential Uses:

1. Single-family detached dwellings on lots containing less than six thousand (6,000) square feet.

2. Two-family dwellings.

3. Single-family attached dwelling.

4. Any residential use consisting in whole or in part of multi-family dwellings that contain fifty (50) dwelling units or less, and seventy-five (75) bedrooms or less.

5. Group homes for up to eight (8) developmentally disabled or elderly persons.

6. Extra occupancy rental houses with more than five (5) tenants.

7. Mixed-use dwellings.

(b) Institutional/Civic/Public Uses:

1. Places of worship or assembly.

2. Public and private schools, including colleges, universities, vocational and technical training.

3. Community facilities.

4. Minor public facilities.

5. Parks, recreation and other open lands, except neighborhood parks as defined by the Parks and Recreation Policy Plan.

6. Cemeteries.

7. Transit facilities, without repair or storage.

(c) Commercial/Retail Uses:

1. Bed and breakfast establishments.

2. Standard and fast food restaurants (without drive-in or drive-through facilities).

3. Grocery stores (occupying between five thousand [5,000] and forty-five thousand [45,000] square feet).

4. Personal and business service shops.

5. Offices, financial services and clinics.

6. Clubs and lodges.

7. Bars and taverns.

8. Funeral homes.

9. Artisan and photography studios and galleries.

10. Open-air farmers markets.

11. Entertainment facilities and theaters.

12. Convenience retail stores without fuel sales.

13. Limited indoor recreation establishments.

14. Veterinary facilities and small animal clinics.

15. Retail establishments.

16. Lodging establishments.

17. Child care centers.

18. Dog day care facilities.

19. Print shops.

20. Food catering or small food product preparation.

21. Exhibit halls.

22. Adult day/respite care centers.

23. Small scale reception centers.

24. Indoor kennels.

25. Microbrewery/distillery/winery.

26. Retail marijuana store.

27. Music studios.

(d) Industrial Uses:

1. Light industrial uses.

2. Research laboratories.

3. Workshops and custom small industry uses.

4. Retail marijuana cultivation facility.

5. Retail marijuana product manufacturing facility.

6. Retail marijuana testing facility.

7. Small-scale and medium-scale solar energy systems.

(e) Accessory/Miscellaneous Uses:

1. Satellite dish antennas greater than thirty-nine (39) inches in diameter.

2. Wireless telecommunication equipment.

3. Wireless telecommunication facilities.

(3) The following uses are permitted in the C-C-N District, subject to review by the Planning and Zoning Board:

(a) Residential Uses:

1. Group homes, other than allowed in subparagraph (2)(a)6 above.

2. Any residential use consisting in whole or in part of multi-family dwellings that contain more than fifty (50) dwelling units, or more than seventy-five (75) bedrooms.

(b) Institutional/Civic/Public Uses:

1. Hospitals.

2. Public and private schools for elementary, intermediate and high school education.

3. Long-term care facilities.

(c) Commercial/Retail Uses:

1. Convenience retail stores with fuel sales, provided that they are at least three thousand nine hundred sixty (3,960) feet (three-quarters [¾] of a mile) from any other such use and from any fueling station.

2. Unlimited indoor recreational uses and facilities.

3. Day shelters, provided they do not exceed ten thousand (10,000) square feet and are located within one thousand three hundred twenty (1,320) feet (one-quarter [¼] mile) of a Transfort route.

4. Supermarkets.

5. Large retail establishments.

6. Outdoor amphitheaters.

(C) Prohibited Uses. All uses that are not (1) expressly allowed as permitted uses in this Section or (2) determined to be permitted by the Director or the Planning and Zoning Board pursuant to Section 1.3.4 of this Code shall be prohibited.

(D) Land Use Standards.

(1) Single-family, two-family and multi-family housing shall have a minimum density of five (5) dwelling units per net acre calculated on a gross residential acreage basis for any development project. Single-family housing shall be limited to a maximum of forty (40) percent of the geographically distinct district area.

(2) Maximum building height shall be five (5) stories.

(E) Development Standards. All development in the C-C-N Community Commercial District shall also comply with the standards contained in the Standards and Guidelines for the North College Avenue Corridor as adopted by the City, to the extent that such standards and guidelines apply to the property to be developed.

(Ord. No. 90, 1998, 5/19/98; Ord. No. 228, 1998 §§48—50, 12/15/98; Ord. No. 99, 1999 §24, 6/15/99; Ord. No. 165, 1999 §42, 11/16/99; Ord. No. 183, 2000 §34, 12/19/00; Ord. No. 189, 2002; Ord. No. 204, 2001 §§1, 47, 48, 12/18/01; Ord. No. 087, 2002 §§36—38, 6/4/02; Ord. No. 090, 2003 §11, 6/17/03; Ord. No. 173, 2003 §33, 12/16/03; Ord. No. 091, 2004 §39, 6/15/04; Ord. No. 198, 2004 §26, 12/21/04; Ord. No 123, 2005 §§24, 25, 11/15/05; Ord. No. 104, 2006 §§32—34, 7/18/06; Ord. No. 131, 2006 §5, 9/19/06; Ord. No. 192, 2006 §29, 12/19/06; Ord. No. 050, 2007, 4/17/07; Ord. No. 081, 2007 §§23, 24, 7/17/07; Ord. No. 073, 2008 §24, 7/1/08; Ord. No. 066, 2009 §32, 7/7/09; Ord. No. 026, 2010 §7, 3/16/10; Ord. No. 045, 2010 §2, 5/4/10; Ord. No. 068, 2010 §16, 7/6/10; Ord. No. 020, 2011 §§5, 6, 3/15/11; Ord. No. 010, 2012 §6, 2/21/12; Ord. No. 051, 2012 §16, 7/17/12; Ord. No. 057, 2012 §5, 7/17/2012; Ord. No. 130, 2012 §§12, 13, 11/20/12; Ord. No. 143, 2012 §6, 1/15/13; Ord. No. 096, 2013 §20, 7/16/13; Ord. No. 042, 2014 §§6, 7, 3/18/14; Ord. No. 086, 2014 §§71, 72, 7/1/14)


DIVISION 4.20 COMMUNITY COMMERCIAL - POUDRE RIVER DISTRICT (C-C-R)Go to the top

(A) Purpose. The Community Commercial - Poudre River District (C-C-R) is for downtown fringe areas in the Cache la Poudre River corridor with both public street frontage and River frontage. This District provides locations for redevelopment or development of moderate intensity uses that are supportive of Downtown, subject to floodplain restrictions. Such redevelopment or development shall be compatible with the scenic, cultural, natural and historical context of the River and Downtown.

A main purpose of the District is to foster a healthy and compatible relationship between the River, the Downtown and surrounding urban uses. Any significant redevelopment shall be designed as part of a master plan for the applicable group of contiguous properties.

(B) Permitted Uses.

(1) The following uses are permitted in the C-C-R District, subject to basic development review, provided that such uses are located on lots that are part of an approved site specific development plan:

(a) Accessory/Miscellaneous Uses:

1. Accessory buildings.

2. Accessory uses.

3. Outdoor vendor.

4. Urban agriculture.

(b) Any use authorized pursuant to a site-specific development plan that was processed and approved either in compliance with the Zoning Code in effect on March 27, 1997, or in compliance with this Code (other than a final subdivision plat, or minor subdivision plat, approved pursuant to Section 29-643 or 29-644 of prior law, for any nonresidential development or any multi-family dwelling containing more than four [4] dwelling units), provided that such use shall be subject to all of the use and density requirements and conditions of said site-specific development plan.

(c) Any use which is not hereafter listed as a permitted use in this zone district but which was permitted for a specific parcel of property pursuant to the zone district regulations in effect for such parcel on March 27, 1997; and which physically existed upon such parcel on March 27, 1997; provided, however, that such existing use shall constitute a permitted use only on such parcel of property.

(d) Institutional/Civic/Public Uses:

1. Neighborhood parks as defined by the Parks and Recreation Policy Plan.

(e) Residential Uses:

1. Extra occupancy rental houses with five (5) or fewer tenants.

2. Shelters for victims of domestic violence.

(f) Commercial/Retail Uses:

1. Medical marijuana centers.

(2) The following land uses are permitted in the C-C-R District, subject to administrative review:

(a) Residential Uses:

1. Single-family attached dwellings.

2. Two-family dwellings.

3. Group homes.

4. Any residential use consisting in whole or in part of multi-family dwellings that contain fifty (50) dwelling units or less, and seventy-five (75) bedrooms or less.

5. Mixed-use dwellings.

6. Extra occupancy rental houses with more than five (5) tenants.

(b) Institutional/Civic/Public Uses:

1. Places of worship or assembly.

2. Public and private schools, including colleges, universities, vocational and technical training.

3. Community facilities.

4. Minor public facilities.

5. Parks, recreation and other open lands, except neighborhood parks as defined by the Parks and Recreation Policy Plan.

6. Golf courses.

7. Cemeteries.

(c) Commercial/Retail Uses:

1. Bed and breakfast establishments.

2. Standard and fast food restaurants (without drive-in or drive-through facilities).

3. Grocery stores (occupying between five thousand [5,000] and forty-five thousand [45,000] square feet).

4. Personal and business service shops.

5. Offices, financial services and clinics.

6. Artisan and photography studios and galleries.

7. Health and membership clubs.

8. Lodging establishments.

9. Clubs and lodges.

10. Limited indoor recreation establishments.

11. Convenience retail stores without fuel sales.

12. Veterinary facilities and small animal clinics.

13. Child care centers.

14. Dog day care facilities.

15. Print shops.

16. Food catering or small food product preparation.

17. Exhibit halls.

18. Adult day/respite care centers.

19. Retail marijuana store.

20. Music studios.

(d) Industrial Uses:

1. Workshops and custom small industry uses.

2. Small-scale and medium-scale solar energy systems.

(e) Accessory/Miscellaneous Uses:

1. Wireless telecommunication equipment.

2. Wireless telecommunication facilities.

3. Satellite dish antennas greater than thirty-nine (39) inches in diameter.

(3) The following uses are permitted in the C-C-R District, subject to review by the Planning and Zoning Board:

(a) Residential Uses:

1. Single-family detached houses located on lots containing no more than six thousand (6,000) square feet.

2. Fraternity and sorority houses.

3. Any residential use consisting in whole or in part of multi-family dwellings that contain more than fifty (50) dwelling units, or more than seventy-five (75) bedrooms.

(b) Institutional/Civic/Public Uses:

1. Public and private schools for elementary, intermediate and high school education.

2. Long-term care facilities.

3. Wildlife rescue and education centers.

(c) Commercial/Retail Uses:

1. Retail establishments.

2. Funeral homes.

3. Unlimited indoor recreational uses and facilities.

4. Day shelters, provided that they do not exceed ten thousand (10,000) square feet and are located within one thousand three hundred twenty (1,320) feet (one-quarter [¼] mile) of a Transfort route.

5. Small scale reception centers.

6. Entertainment facilities and theaters.

7. Outdoor amphitheaters.

(C) Prohibited Uses. All uses that are not (1) expressly allowed as permitted uses in this Section or (2) determined to be permitted by the Director or the Planning and Zoning Board pursuant to Section 1.3.4 of this Land Use Code shall be prohibited.

(D) Development Standards.

(1) Prospect Road Streetscape Program.

(a) All development in this zone district that is located within the planning area for the Prospect Road Streetscape Program shall also comply with the Prospect Road Streetscape Standards as adopted by the City, to the extent that such Standards apply to the property proposed to be developed.

(2) Streets and Connections.

(a) To the extent reasonably feasible, the layout of new streets and walkways on-site shall emphasize the characteristics and views of the River landscape utilizing special street design features such as divided lanes, landscape islands, curb bulges and landscape solutions to drainage instead of standard curb and gutter.

(3) Buildings.

(a) Massing and placement.

1. Height/Mass. The maximum building height shall be three (3) stories. If multi-story buildings are included in a development, such buildings shall be designed to step down to one (1) story directly abutting the natural area protection buffer.

2. Parking lots. Buildings shall be sited so that any new parking lots and vehicle use areas are located in either: 1) interior block locations between buildings that face the street and buildings that face the River, or 2) side yards.

(b) Character and image.

1. Outdoor spaces. Buildings and extensions of buildings shall be designed to form outdoor spaces such as balconies, arcades, terraces, decks or courtyards, and to integrate development with the landscape to the extent reasonably feasible.

2. Windows. Windows shall be individually defined with detail elements such as frames, sills and lintels, and placed so as to visually establish and define the building stories and establish human scale and proportion. Glass curtain walls and spandrel-glass strip windows shall not be used as the predominant style of fenestration for buildings in this District. This requirement shall not serve to restrict the use of atrium, lobby or greenhouse-type accent features used as embellishments to the principal building.

3. Rooflines. A minimum pitch of 8:12 shall be used for gable and hip roofs to the maximum extent feasible. Where hipped roofs are used alone, the minimum pitch shall be 6:12. Flat-roofed buildings shall feature three-dimensional cornice treatment on all walls facing streets, the River or connecting walkways, unless they are stepped and terraced back to form a usable roof terrace area(s). A single continuous horizontal roofline shall not be used on one-story buildings except as part of a design style that incorporates corbelled masonry and/or cornices.

(c) Color/Materials.

1. Predominant building colors shall be subdued or neutral shades, within a medium or moderately dark range of value, and not white or reflective.

2. Textured unit masonry such as brick, stone and tinted, variously textured concrete masonry units, as well as treated wood siding, shall be used in repeating pattern as integral parts of the building fabric to the maximum extent feasible. Any other exterior materials, if used, shall be used as integral parts of the overall building fabric, in repeating modules, proportioned both horizontally and vertically to relate to human scale, and with enough depth at joints between architectural elements to cast shadows.

(4) Site Design.

(a) Landscaping/Vegetation Protection. The natural qualities of the River landscape shall be maintained and enhanced using plants and landscape materials native to the River corridor in the design of site and landscape improvements.

(Ord. No. 90, 1998, 5/19/98; Ord. No. 228, 1998 §§51—54, 12/15/98; Ord. No. 99, 1999 §25, 6/15/99; Ord. No. 165, 1999 §43, 11/16/99; Ord. No. 183, 2000 §35, 12/19/00; Ord. No. 204, 2001 §§1, 49, 50, 12/18/01; Ord. No. 087, 2002 §§39, 40, 6/4/02; Ord. No. 090, 2003 §§11, 17, 6/17/03; Ord. No. 173, 2003 §34, 12/16/03; Ord. No. 091, 2004 §§40, 41, 6/15/04; Ord. No. 123, 2005 §§26—28; Ord. No. 104, 2006 §§35—37, 7/18/06; Ord. No. 131, 2006 §5, 9/19/06; Ord. No. 192, 2006 §30, 12/19/06; Ord. No. 081, 2007 §25, 7/17/07; Ord. No. 073, 2008 §24, 7/1/08; Ord. No. 066, 2009 §33, 7/7/09; Ord. No. 026, 2010 §8, 3/16/10; Ord. No. 068, 2010 §§17, 18, 7/6/10; Ord. No. 020, 2011 §7, 3/15/11; Ord. No. 010, 2012 §7, 2/21/12; Ord. No. 057, 2012 §6, 7/17/2012; Ord. No. 130, 2012 §§14, 15, 11/20/12. Ord. No. 143, 2012 §7, 1/15/13; Ord. No. 096, 2013 §21, 7/16/13; Ord. No. 042, 2014 §8, 3/18/14; Ord. No. 086, 2014 §73, 74, 7/1/14)


DIVISION 4.21 GENERAL COMMERCIAL DISTRICT (C-G)Go to the top

(A) Purpose. The General Commercial District is intended to be a setting for development, redevelopment and infill of a wide range of community and regional retail uses, offices and personal and business services. Secondarily, it can accommodate a wide range of other uses including creative forms of housing.

While some General Commercial District areas may continue to meet the need for auto-related and other auto-oriented uses, it is the City’s intent that the General Commercial District emphasize safe and convenient personal mobility in many forms, with planning and design that accommodates pedestrians.

(B) Permitted Uses.

(1) The following uses are permitted in the C-G District, subject to basic development review, provided that such uses are located on lots that are part of an approved site-specific development plan:

(a) Accessory/Miscellaneous Uses:

1. Urban agriculture.

(b) Any use authorized pursuant to a site-specific development plan that was processed and approved either in compliance with the Zoning Code in effect on March 27, 1997, or in compliance with this Code (other than a final subdivision plat, or minor subdivision plat, approved pursuant to Section 29-643 or 29-644 of prior law, for any nonresidential development or any multi-family dwelling containing more than four [4] dwelling units), provided that such use shall be subject to all of the use and density requirements and conditions of said site-specific development plan.

(c) Any use which is not hereafter listed as a permitted use in this zone district but which was permitted for a specific parcel of property pursuant to the zone district regulations in effect for such parcel on March 27, 1997; and which physically existed upon such parcel on March 27, 1997; provided, however, that such existing use shall constitute a permitted use only on such parcel of property.

(2) The following uses are permitted in subdistricts of the C-G District, subject to Basic Development Review (BDR), Administrative (Type 1) Review or Planning and Zoning Board (Type 2) Review as specifically identified on the chart below:

Land Use
I-25/SH 392 (CAC)
General Commercial District (C-G)
A. RESIDENTIAL
Extra occupancy rental houses with 5 or fewer tenants
Not permitted
BDR
Shelters for victims of domestic violence
Not permitted
BDR
Mixed-use dwellings
Type 1
Type 1
Any residential use consisting in whole or in part of multi-family dwellings that contain fifty (50) dwelling units or less, and seventy-five (75) bedrooms or less
Not permitted
Type 1
Any residential use consisting in whole or in part of multi-family dwellings that contain more than fifty (50) dwelling units, or more than seventy-five (75) bedrooms
Not permitted
Type 2
Group homes
Type 2
Type 1
Single-family attached dwellings
Not permitted
Type 1
Two-family dwellings
Not permitted
Type 1
Extra-occupancy rental houses with more than 5 tenants
Not permitted
Type 1
B. INSTITUTIONAL/CIVIC/PUBLIC
Neighborhood parks (as defined by Parks Policy Plan)
Not permitted
BDR
Parks, recreation and other open lands
Not permitted
Type 1
Hospitals
Type 2
Type 2
Schools – private/vocational colleges
Type 2
Type 2
Minor public facilities
Not permitted
Type 1
Places of worship or assembly
Not permitted
Type 1
Transit facilities without repair or storage
Not permitted
Type 1
Community facilities
Not permitted
Type 2
Major public facilities
Not permitted
Type 2
Bars and taverns
Not permitted
Type 1
C. COMMERCIAL/RETAIL
Lodging
Type 1
Type 1
Retail establishments (under 25,000 sq. ft.)
Type 1
Type 1
Large retail establishments (25,000 sq. ft. +)
Type 1
Type 2
Offices and financial services
Type 1
Type 1
Personal/business services shops
Type 2
Type 1
Medical centers/clinics
Type 2
Type 1
Long-term care facilities
Type 2
Type 2
Health clubs
Type 2
Type 1
Small scale recreational events centers
Type 2
Type 1
Unlimited indoor recreation
Type 2
Type 2
Entertainment facilities/theaters
Type 2
Type 2
Standard restaurants
Type 2
Type 1
Drive-thru restaurants
Type 2
Type 2
Fast food restaurants
Type 2
Type 1
Grocery/supermarkets
Type 2
Type 2
Convenience stores with fuel sales
Type 2
Type 1
Bed and breakfast establishments
Not permitted
Type 1
Convenience retail stores without fuel sales
Not permitted
Type 1
Personal and business service shops
Not permitted
Type 1
Artisan and photography studios and galleries
Not permitted
Type 1
Vehicle minor repair, servicing and maintenance establishments
Not permitted
Type 1
Limited indoor recreation
Not permitted
Type 1
Retail stores with vehicle servicing
Not permitted
Type 1
Frozen food lockers
Not permitted
Type 1
Funeral homes
Not permitted
Type 1
Gasoline sales
Not permitted
Type 1
Open-air farmers markets
Not permitted
Type 1
Plant nurseries and greenhouses
Not permitted
Type 1
Plumbing, electrical and carpenter shops
Not permitted
Type 1
Clubs and lodges
Not permitted
Type 1
Veterinary facilities and small animal clinics
Not permitted
Type 1
Dog day-care facilities
Not permitted
Type 1
Print shops
Not permitted
Type 1
Food catering or small food product preparation
Not permitted
Type 1
Indoor kennels
Not permitted
Type 1
Drive-in restaurants
Not permitted
Type 2
Recreational uses
Not permitted
Type 2
Vehicle major repair, servicing and maintenance establishments
Not permitted
Type 2
Vehicle and boat sales and leasing establishments with outdoor storage
Not permitted
Type 2
Enclosed mini-storage
Not permitted
Type 2
Retail and supply yard establishments with outdoor storage
Not permitted
Type 2
Parking lots and parking garages
Not permitted
Type 2
Child care centers
Not permitted
Type 2
I-25 activity centers
Not permitted
Type 2
Day shelters < 10,000 square feet and located within 1,320 feet of a Transfort Route
Not permitted
Type 2
Equipment rental establishments without outdoor storage
Not permitted
Type 1
Equipment, truck and trailer rental
Not permitted
Type 1
Exhibit hall
Not permitted
Type 2
Adult day/respite care centers
Not permitted
Type 2
Outdoor amphitheaters
Not permitted
Type 2
Medical marijuana centers
Not permitted
BDR
Microbrewery/distillery/winery
Not permitted
Type 1
Retail marijuana store
Not permitted
Type 1
Music studios
Not permitted
Type 1
D. INDUSTRIAL USES
Workshops and small custom industry
Not permitted
Type 1
Composting facilities
Not permitted
Type 2
Small-scale and medium-scale solar energy systems
Type 1
Type 1
E. ACCESSORY – MISC.
Wireless telecommunication equipment (not freestanding monopoles)
Type 2
Type 1
Wireless telecommunication facilities
Not permitted
Type 1
Satellite dish antennas greater than 39" in diameter
Not permitted
Type 1
Accessory buildings
BDR
BDR
Accessory uses
BDR
BDR
Outdoor vendor
BDR
BDR

 

(C) Prohibited Uses. All uses that are not (1) expressly allowed as permitted uses in this Section or (2) determined to be permitted by the Director or the Planning and Zoning Board pursuant to Section 1.3.4 of this Code shall be prohibited.

(D) Land Use Standards. The maximum building height shall be four (4) stories.

(E) Development Standards.

(1) Prospect Road Streetscape Program.

(a) All development in this zone district that is located within the planning area for the Prospect Road Streetscape Program shall also comply with the Prospect Road Streetscape Program Standards contained in that document as adopted by the City, to the extent that such Standards apply to the property proposed to be developed.

(2) Site Design.

(a) Pedestrian-oriented outdoor spaces shall be placed next to activity areas that generate the users (such as street corners, shops, stores, offices, day care and dwellings). Because liveliness created by the presence of people is the main key to the attractiveness of such spaces, to the maximum extent feasible, the development shall link outdoor spaces to and make them visible from streets and sidewalks. Sculpture, kiosks or shelters are encouraged to be prominently placed in outdoor spaces.

(b) In multiple-building developments, outdoor spaces and landscaped areas shall be integral to an open space system in conjunction with streets and connections, and not merely residual areas left over after buildings and parking lots are sited.

(F) Development Standards for the I-25 Corridor. Development located within one thousand three hundred twenty (1,320) feet (one-quarter [¼] mile) of either side of the centerline of I-25 shall be subject to the requirements of Division 3.9.

(G) Development Standards for the Transit-Oriented Development (TOD) Overlay Zone. Development located within the TOD Overlay Zone shall be subject to the requirements of Division 3.10.

(H) Development standards for the I-25/State Highway 392 Corridor Activity Center. Development located within the I-25/State Highway 392 Corridor Activity Center (see Figure 20.5 below) shall be subject to the requirements contained in 3.9.12 of this Code.

Figure 20.5
I25 – State HWY 392 Interchange
Corridor Activity Center

Figure 20.5 I25 - State HWY 392 Interchange

(Ord. No. 90, 1998, 5/19/98; Ord. No. 228, 1998 §§55—58, 12/15/98; Ord. No. 99, 1999 §26, 6/15/99; Ord. No. 165, 1999 §§44, 45, 11/16/99; Ord. No. 183, 2000 §36, 12/19/00; Ord. No. 204, 2001 §§1, 51, 52, 12/18/01; Ord. No. 087, 2002 §41, 6/4/02; Ord. No. 036, 2003 §1, 3/18/03; Ord. No. 090, 2003 §11, 6/17/03; Ord. No. 120, 2003 §§4, 5, 9/02/03; Ord. No. 173, 2003 §35, 12/16/03; Ord. No. 091, 2004 §42, 6/15/04; Ord. No. 198, 2004 §27, 12/21/04; Ord. No. 123, 2005 §§29, 30, 11/15/05; Ord. No. 104, 2006 §§38, 39, 7/18/06; Ord. No. 131, 2006 §5, 9/19/06; Ord. No. 192, 2006 §31, 12/19/06; Ord. No. 078, 2007 §3, 6/19/07; Ord. No. 081, 2007 §26, 7/17/07; Ord. No. 073, 2008 §24, 7/1/08; Ord. No. 066, 2009 §§34, 35, 7/7/09; Ord. No. 026, 2010 §9, 3/16/10; Ord. No. 068, 2010 §19, 7/6/10; Ord. No. 020, 2011 §§1, 8, 9, 3/15/11; Ord. 036, 2011 §§8, 9, 3/22/11; Ord. No. 010, 2012 §8, 2/21/12; Ord. No. 051, 2012 §17, 7/17/12; Ord. No. 057, 2012 §7, 7/17/12; Ord. No. 130, 2012 §16, 11/20/12; Ord. No. 143, 2012 §8, 1/15/13; Ord. No. 092, 2013 §24, 7/16/13; Ord. No. 096, 2013 §22, 7/16/13; Ord. No. 042, 2014 §9, 3/18/14; Ord. No. 086, 2014 §§75, 76, 7/1/14)


DIVISION 4.22 SERVICE COMMERCIAL DISTRICT (C-S)Go to the top

(A) Purpose. The Service Commercial District is intended for high traffic commercial corridors where a range of uses is encouraged to create a transition from commercial operations on a highway, arterial street or rail spur, to less intensive use areas or residential neighborhoods. This designation is only for areas that have been designated under an adopted subarea plan as being appropriate for the C-S District.

(B) Permitted Uses.

(1) The following uses are permitted in the C-S District, subject to basic development review, provided that such uses are located on lots that are part of an approved site specific development plan:

(a) Accessory/Miscellaneous Uses:

1. Accessory buildings.

2. Accessory uses.

3. Outdoor vendor.

4. Urban agriculture.

(b) Any use authorized pursuant to a site specific development plan that was processed and approved either in compliance with the Zoning Code in effect on March 27, 1997, or in compliance with this Code (other than a final subdivision plat, or minor subdivision plat, approved pursuant to Section 29-643 or 29-644 of prior law, for any nonresidential development or any multi-family dwelling containing more than four [4] dwelling units), provided that such use shall be subject to all of the use and density requirements and conditions of said site specific development plan.

(c) Any use which is not hereafter listed as a permitted use in this zone district but which was permitted for a specific parcel of property pursuant to the zone district regulations in effect for such parcel on March 27, 1997; and which physically existed upon such parcel on March 27, 1997; provided, however, that such existing use shall constitute a permitted use only on such parcel of property.

(d) Institutional/Civic/Public Uses:

1. Neighborhood parks as defined by the Parks and Recreation Policy Plan.

(e) Residential Uses:

1. Extra occupancy rental houses with five (5) or fewer tenants.*

(f) Commercial/Retail Uses:

1. Medical marijuana centers.

(g) Industrial Uses:

1. Medical marijuana optional premises cultivation operations.

2. Medical marijuana-infused product manufacturers.

(2) The following uses are permitted in the C-S District, subject to administrative review:

(a) Residential Uses:

1. Single-family detached dwellings located on lots containing less than six thousand (6,000) square feet.*

2. Two-family dwellings.*

3. Single-family attached dwellings.*

4. Any residential use consisting in whole or in part of multi-family dwellings that contain fifty (50) dwelling units or less, and seventy-five (75) bedrooms or less.*

5. Group homes.*

6. Extra occupancy rental houses with more than five (5) tenants.*

7. Mixed-use dwellings.

* Not allowed within two hundred (200) feet of North College Avenue.

(b) Institutional/Civic/Public Uses:

1. Places of worship or assembly.

2. Public and private schools, including colleges, universities, vocational and technical training.

3. Community facilities.

4. Minor public facilities.

5. Parks, recreation and other open lands, except neighborhood parks as defined by the Parks and Recreation Policy Plan.

6. Hospitals.

7. Transit facilities without repair or storage.

(c) Commercial/Retail Uses:

1. Bed and breakfast establishments.

2. Standard and fast food restaurants(without drive-in or drive-through facilities).

3. Clubs and lodges.

4. Convenience retail stores without fuel sales.

5. Convenience retail stores with fuel sales.

6. Personal and business service shops.

7. Gasoline stations.

8. Offices, financial services and clinics.

9. Artisan and photography studios and galleries.

10. Retail establishments.

11. Retail stores with vehicle servicing.

12. Vehicle minor repair, servicing and maintenance establishments.

13. Major vehicle repair, servicing and maintenance establishments.

14. Vehicle sales and leasing establishments for cars and light trucks.*

15. Equipment rental establishments (without outdoor storage).

16. Equipment, truck and trailer rental establishments.

17. Limited indoor recreation establishments.

18. Bars, taverns and nightclubs.

19. Entertainment facilities and theaters.

20. Funeral homes.

21. Retail and supply yard establishments with outdoor storage.

22. Parking lots and parking garages (as a principal use).

23. Veterinary facilities and small animal clinics.

24. Veterinary hospitals.

25. Health and membership clubs.

26. Recreational uses.

27. Plant nurseries and greenhouses.

28. Enclosed mini-storage facilities, if located at least two hundred (200) feet from North College Avenue or one hundred fifty (150) feet from South College Avenue.

29. Plumbing, electrical and carpenter shops.

30. Lodging establishments.

31. Child care centers.

32. Unlimited indoor recreational uses and facilities.

33. Dog day-care facilities.

34. Print shops.

35. Food catering or small food product preparation.

36. Grocery stores (occupying between five thousand [5,000] and forty-five thousand [45,000] square feet).

37. Supermarkets.

38. Exhibit halls.

39. Adult day/respite care centers.

40. Small scale reception centers.

41. Indoor kennels.

42. Microbrewery/distillery/winery.

43. Retail marijuana store.

44. Music studios.

* Vehicle sales and leasing for cars and light trucks shall be limited to ten (10) percent of the total linear frontage of both sides of North College Avenue between Vine Drive and the northern City limits or the intersection of North College Avenue and State Highway 1, whichever results in the shortest linear distance. These uses shall be located at least one hundred fifty (150) feet from South College Avenue.

(d) Industrial Uses:

1. Warehouses and distribution facilities if located at least two hundred (200) feet from North College Avenue or one hundred fifty (150) feet from South College Avenue.

2. Light industrial uses.

3. Research laboratories.

4. Workshop and custom small industry uses.

5. Wholesale distribution facilities if located at least two hundred (200) feet from North College Avenue or one hundred fifty (150) feet from South College Avenue.

6. Retail marijuana cultivation facility.

7. Retail marijuana product manufacturing facility.

8. Retail marijuana testing facility.

9. Small-scale and medium-scale solar energy systems.

(e) Accessory/Miscellaneous Uses:

1. Satellite dish antennas greater than thirty-nine (39) inches in diameter.

2. Wireless telecommunication equipment.

3. Wireless telecommunication facilities.

(3) The following uses are permitted in the C-S District, subject to review by the Planning and Zoning Board:

(a) Residential Uses:

1. Any residential use consisting in whole or in part of multi-family dwellings that contain more than fifty (50) dwelling units, or more than seventy-five (75) bedrooms.

(b) Institutional/Civic/Public Uses:

1. Major public facilities.

(c) Commercial/Retail Uses:

1. Drive-in restaurants.

2. Large retail establishments.

3. Day shelters, provided that they do not exceed ten thousand (10,000) square feet and are located within one thousand three hundred twenty (1,320) feet (one-quarter [¼] mile) of a Transfort route.

4. Outdoor amphitheaters.

(d) Industrial Uses:

1. Recycling facilities.

2. Transport terminals (truck terminals, public works yards, container storage).

(C) Prohibited Uses. All uses that are not (1) expressly allowed as permitted uses in this Section or (2) determined to be permitted by the Director or the Planning and Zoning Board pursuant to Section 1.3.4 of this Code shall be prohibited.

(D) Land Use Standards. The maximum building height shall be three (3) stories.

(Ord. No. 90, 1998, 5/19/98; Ord. No. 228, 1998 §§59—62, 12/15/98; Ord. No. 99, 1999 §27, 6/15/99; Ord. No. 165, 1999 §46, 11/16/99; Ord. No. 59, 2000 §34, 6/6/00; Ord. No. 183, 2000 §37, 12/19/00; Ord. No. 204, 2001 §§1, 53, 54, 12/18/01; Ord. No. 087, 2002 §§42—44, 6/4/02; Ord. No. 090, 2003 §11, 6/17/03; Ord. No. 173, 2003 §36, 12/16/03; Ord. No. 091, 2004 §43, 6/15/04; Ord. No. 198, 2004 §28, 12/21/04; Ord. No. 123, 2005 §§31, 32, 11/15/05; Ord. No. 104, 2006 §§40, 41, 7/18/06; Ord. No. 131, 2006 §5, 9/19/06; Ord. No. 081, 2007 §27, 7/17/07; Ord. No. 073, 2008 §§20, 24, 7/1/08; Ord. No. 028, 2009 §§2—10, 3/24/09; Ord. No. 066, 2009 §§36, 37, 7/7/09; Ord. No. 026, 2010 §10, 3/16/10; Ord. No. 045, 2010 §3, 5/4/10; Ord. No. 068, 2010 §§20, 21, 7/6/10; Ord. No. 020, 2011 §§9, 10, 3/15/11; Ord. No. 010, 2012 §9, 2/21/12; Ord. No. 051, 2012 §18, 7/17/12; Ord. No. 057, 2012 §8, 7/17/12; Ord. No. 130, 2012 §§17, 18, 11/20/12; Ord. No. 143, 2012 §9, 1/15/13; Ord. No. 096, 2013 §23, 7/16/13; Ord. No. 042, 2014 §§10, 11, 3/18/14; Ord. No. 086, 2014 §§77, 78, 7/1/14)


DIVISION 4.23 NEIGHBORHOOD COMMERCIAL DISTRICT (N-C)Go to the top

(A) Purpose. The Neighborhood Commercial District is intended to be a mixed-use commercial core area anchored by a supermarket or grocery store and a transit stop. The main purpose of this District is to meet consumer demands for frequently needed goods and services, with an emphasis on serving the surrounding residential neighborhoods typically including a Medium Density Mixed-Use Neighborhood. In addition to retail and service uses, the District may include neighborhood-oriented uses such as schools, employment, day care, parks, small civic facilities, as well as residential uses.

This District is intended to function together with a surrounding Medium Density Mixed-Use Neighborhood, which in turn serves as a transition and a link to larger surrounding low density neighborhoods. The intent is for the component zone districts to form an integral, town-like pattern of development with this District as a center and focal point; and not merely a series of individual development projects in separate zone districts.

(B) Permitted Uses.

(1) The following uses are permitted in the N-C District, subject to basic development review, provided that such uses are located on lots that are part of an approved site-specific development plan:

(a) Accessory/Miscellaneous Uses:

1. Accessory buildings.

2. Accessory uses.

3. Outdoor vendor.

4. Urban agriculture..

(b) Any use authorized pursuant to a site specific development plan that was processed and approved either in compliance with the Zoning Code in effect on March 27, 1997, or in compliance with this Code (other than a final subdivision plat, or minor subdivision plat, approved pursuant to Section 29-643 or 29-644 of prior law, for any nonresidential development or any multi-family dwelling containing more than four [4] dwelling units), provided that such use shall be subject to all of the use and density requirements and conditions of said site specific development plan.

(c) Any use which is not hereafter listed as a permitted use in this zone district but which was permitted for a specific parcel of property pursuant to the zone district regulations in effect for such parcel on March 27, 1997; and which physically existed upon such parcel on March 27, 1997; provided, however, that such existing use shall constitute a permitted use only on such parcel of property.

(d) Institutional/Civic/Public Uses:

1. Neighborhood parks as defined by the Parks and Recreation Policy Plan.

(e) Residential Uses:

1. Extra occupancy rental houses with five (5) or fewer tenants.

(2) The following uses are permitted in the N-C District, subject to administrative review:

(a) Residential Uses:

1. Single-family attached dwellings.

2. Two-family dwellings.

3. Group homes for up to eight (8) developmentally disabled or elderly persons.

4. Mixed-use dwellings.

5. Extra occupancy rental houses with more than five (5) tenants.

(b) Institutional/Civic/Public Uses:

1. Places of worship or assembly.

2. Public and private schools, including colleges, universities, vocational and technical training.

3. Minor public facilities.

4. Parks, recreation and other open lands, except neighborhood parks as defined by the Parks and Recreation Policy Plan.

5. Transit facilities without repair or storage.

(c) Commercial/Retail Uses:

1. Standard restaurants.

2. Fast food restaurants (without drive-in or drive-through facilities).

3. Health and membership clubs.

4. Grocery stores (occupying between five thousand [5,000] and forty-five thousand [45,000] square feet).

5. Open-air farmers markets.

6. Personal and business service shops.

7. Convenience retail stores, without fuel sales.

8. Convenience retail stores with fuel sales, provided that they are at least three thousand nine hundred sixty (3,960) feet (three quarters [¾] of a mile) from any other such use and from any fueling station.

9. Offices, financial services and clinics.

10. Artisan and photography studios and galleries.

11. Retail establishments.

12. Vehicle minor repair, servicing and maintenance establishments (indoor).

13. Limited indoor recreation.

14. Gasoline stations.

15. Veterinary facilities and small animal clinics.

16. Child care centers.

17. Equipment rental establishments without outdoor storage.

18. Dog day care facilities.

19. Print shops.

20. Food catering or small food product preparation.

21. Adult day/respite care centers.

(d) Industrial Uses:

1. Workshops and custom small industry uses.

2. Small-scale and medium-scale solar energy systems.

(e) Accessory/Miscellaneous Uses:

1. Satellite dish antennas greater than thirty-nine (39) inches in diameter.

2. Wireless telecommunication equipment.

3. Wireless telecommunication facilities.

(3) The following uses are permitted in the N-C District, subject to Planning and Zoning Board review:

(a) Residential Uses:

1. Multi-family dwellings.

(b) Institutional/Civic/Public Uses:

1. Community facilities.

(c) Commercial/Retail Uses:

1. Supermarkets.

2. Nightclubs.

3. Bars and taverns.

4. Entertainment facilities and theaters.

5. Drive-in restaurants (without drive-through facilities).

6. Outdoor amphitheaters.

7. Microbrewery/distillery/winery.

(C) Prohibited Uses. All uses that are not (1) expressly allowed as permitted uses in this Section or (2) determined to be permitted by the Director or the Planning and Zoning Board pursuant to Section 1.3.4 of this Land Use Code shall be prohibited.

(D) Land Use Standards.

(1) District Boundaries/Edges. Land use boundaries and density changes in the Neighborhood Commercial District shall occur at mid-block locations to the maximum extent feasible, rather than at streets (so that similar buildings face each other).

(2) Secondary Uses. All residential permitted uses, except mixed use dwellings in multistory mixed use buildings, shall be considered secondary uses in this zone district and, for projects containing five (5) or more acres, together shall occupy no more than thirty (30) percent of the total gross area of any development plan. If the project contains less than five (5) acres, the development plan must demonstrate how it contributes to the overall mix of land uses within the surrounding area but shall not be required to provide a mix of land uses within the development.

(E) Development Standards.

(1) Site Planning.

(a) Overall Plan. The applicant shall demonstrate that the development plan contributes to a cohesive, continuous, visually related and functionally linked pattern within existing or approved development plans within the contiguous Neighborhood Commercial District area in terms of street and sidewalk layout, building siting and character and site design.

(b) Central Feature or Gathering Place. At least one (1) prominent or central location within each geographically distinct Neighborhood Commercial District shall include a convenient outdoor open space or plaza with amenities such as benches, monuments, kiosks or public art. This feature and its amenities may be placed on blocks, with shared civic facilities.

(c) Integration of the Transit Stop. Neighborhood Commercial Districts shall be considered major stops on the local transit network. Transit stop facilities, to the maximum extent feasible, shall be integrated into the design of the District, centrally located, and easily accessible for pedestrians walking to and from the surrounding neighborhoods. (See also Division 3.6 Transportation and Circulation.)

(2) Block Requirements. All development shall comply with the applicable standards set forth below, unless the decision maker determines that compliance with a specific element of the standard is infeasible due to unusual topographic features, existing development, safety factors or a natural area or feature:

(a) Block Structure. Each Neighborhood Commercial District and each development within this District shall be developed as a series of complete blocks bounded by streets (public or private). See Figures 17A through 17F at Section 4.6(E). Natural areas, irrigation ditches, high-voltage power lines, operating railroad tracks and other similar substantial physical features may form up to two (2) sides of a block.

(b) Block Size. All blocks shall be limited to a maximum size of seven (7) acres, except that blocks containing supermarkets shall be limited to a maximum of ten (10) acres.

(c) Minimum Building Frontage. Forty (40) percent of each block side or fifty (50) percent of the total block frontage shall consist of either building frontage, plazas, or other functional open space.

(d) Building Height. All buildings shall have a minimum height of twenty (20) feet, measured to the dominant roof line of a flat-roofed building, or the mean height between the eave and ridge on a sloped-roof building. In the case of a complex roof with different co-dominant portions, the measurement shall apply to the highest portion. All buildings shall be limited to five (5) stories.

(3) Canopies.

(a) Primary canopies and shade structures shall be attached to and made an integral part of the main building and shall not be freestanding.

(b) Freestanding secondary canopies and shade structures that are detached from the building, if any, shall be designed with a pitched roof, or have the appearance of a pitched roof through a false mansard or parapet, to match the primary canopy and relate to the neighborhood character.

(c) All canopies shall be designed with a shallow-pitched roof, false mansard or parapet that matches the building. Such roofs, false mansards or parapets shall be constructed of traditional roofing materials such as shingles or cementious, clay or concrete tiles, or standing seam metal in subdued, neutral colors in a medium value range. The colors shall be designed to relate to other buildings within the commercial center.

(d) Canopy fascias and columns shall not be internally illuminated nor externally illuminated with neon or other lighting technique, nor shall canopy fascias or columns be accented, striped or painted in any color except that of the predominant building exterior color.

(e) There shall be no advertising, messages, logos or any graphic representation displayed on the canopy fascias or columns associated with drive-in restaurants, financial services and retail stores. This prohibition shall not apply to canopies for covering the retail dispensing or sale of vehicular fuels [see Section 3.8.7(E)(13)].

(f) Under-canopy lighting shall be fully recessed with flush-mount installation using a flat lens. There shall be no spot lighting.

(4) Drive-in Restaurants.

(a) There shall be an indoor dining component that features tables and chairs and not merely a walk-up counter, sufficient to serve year-round walk-in trade for bicyclists and pedestrians.

(b) The dining room entrance shall be the main identifiable entrance as viewed from the nearest public street. There shall be one (1) or more direct walkway connections that tie the dining room/main entrance back to the interior of the center with logical points of origin and destination.

(c) Buildings shall not contain unusual forms or components such as, but not limited to, spires, arches, figures, statuettes, raised pylons, food product imitations, A-frame roofs or other pseudo-structural elements.

(d) Individual menu boards for car stalls shall be sufficiently screened so they are not visible from public streets.

(e) Roof design shall not consist of unusual projections or other features that are disproportionate to the balance of the building and the roof design theme of the commercial center.

(f) Signs shall be posted in conspicuous locations requiring that idling engines shall be shut off.

(F) Development Standards for the South College Gateway Area. Development located within the South College Gateway Area shall be subject to the requirements of Division 3.11.

(Ord. No. 15, 1998 §3, 2/17/98; Ord. No. 90, 1998, 5/19/98; Ord. No. 228, 1998 §§63—65, 12/15/98; Ord. No. 41, 1999 §§11—13, 3/16/99; Ord. No. 99, 1999 §28, 6/15/99; Ord. No. 165, 1999 §47, 11/16/99; Ord. No. 183, 2000 §38, 12/19/00; Ord. No. 204, 2001 §§1, 55, 12/18/01; Ord. No. 087, 2002 §§45—47, 6/4/02; Ord. No. 090, 2003 §11, 6/17/03; Ord. No. 091, 2004 § 44, 6/15/04; Ord. No. 198, 2004 §§29, 30, 12/21/04; Ord. No. 015, 2005 §§4, 5, 2/15/05; Ord. No. 123, 2005 §§33—35; Ord. No. 104, 2006 §§42, 43, 7/18/06; Ord. No. 131, 2006 §5, 9/19/06; Ord. No. 081, 2007 §28, 7/17/07; Ord. No. 073, 2008 §24, 7/1/08; Ord. No. 028, 2009 §11, 3/24/09; Ord. No. 066, 2009 §38, 7/7/09; Ord. No. 068, 2010 §22, 7/6/10; Ord. No. 051, 2012 §19, 7/17/12; Ord. No. 057, 2012 §9, 7/17/12; Ord. No. 092, 2012 §3, 9/18/12; Ord. No. 096, 2013 §24, 7/16/13; Ord. No. 086, 2014 §79, 7/1/14)


DIVISION 4.24 LIMITED COMMERCIAL DISTRICT (C-L)Go to the top

(A) Purpose. The Limited Commercial District is intended for areas primarily containing existing, small commercial uses that are adjacent to residential neighborhoods. Many of these areas have transitioned over time from residential to commercial uses. The District is divided into the Riverside Area as depicted in Figure 21 and all other areas. The purpose of this district is to allow small scale nonresidential uses to continue to exist or to expand while still protecting surrounding residential areas, provided that such areas have been designated under an adopted subarea plan as being appropriate for the C-L District.

Figure 21

Riverside Area

Figure 21 - Riverside Area

(B) Permitted Uses.

(1) The following uses are permitted in the C-L District, subject to basic development review:

(a) Accessory/Miscellaneous Uses:

1. Urban agriculture.

(b) Any use authorized pursuant to a site-specific development plan that was processed and approved either in compliance with the Zoning Code in effect on March 27, 1997, or in compliance with this Code (other than a final subdivision plat, or minor subdivision plat, approved pursuant to Section 29-643 or 29-644 of prior law, for any nonresidential development or any multi-family dwelling containing more than four [4] dwelling units), provided that such use shall be subject to all of the use and density requirements and conditions of said site-specific development plan.

(c) Any use which is not hereafter listed as a permitted use in this zone district but which was permitted for a specific parcel of property pursuant to the zone district regulations in effect for such parcel on March 27, 1997, and which physically existed upon such parcel on March 27, 1997; provided, however, that such existing use shall constitute a permitted use only on such parcel of property.

(2) The following uses are permitted in subdistricts of the C-L District, subject to Basic Development Review (BDR), Administrative (Type 1) Review or Planning and Zoning Board (Type 2) Review as specifically identified on the chart below:

Land Use
Riverside Area
All Other Areas
A. RESIDENTIAL
Single-family detached dwellings
BDR
BDR
Two-family dwellings
BDR
BDR
Single-family attached dwellings
BDR
BDR
Any residential use consisting in whole or in part of multi-family dwellings that contain fifty (50) dwelling units or less, and seventy-five (75) bedrooms or less
BDR
Type 1
Any residential use consisting in whole or in part of multi-family dwellings that contain more than fifty (50) dwelling units, or more than seventy-five (75) bedrooms
Type 2
Type 2
Group homes
BDR
Type 1
Mixed-use dwellings
Type 1
Type 1
Extra occupancy rental houses with five (5) or fewer tenants
BDR
BDR
B. INSTITUTIONAL/CIVIC/PUBLIC
Extra occupancy rental houses with more than five (5) tenants
Type 1
Type 1
Fraternity and sorority houses
BDR
Type 1
Shelters for victims of domestic violence
BDR
BDR
Places of worship or assembly
BDR
Type 1
Transit facilities (without repair and storage)
BDR
Type 1
Parks, recreation and other open lands, except neighborhood parks as defined by the parks and recreation policy plan
Type 1
Type 1
Community facilities
Not permitted
Type 1
Public and private schools for college, university vocational or technical training
Type 1
Type 1
Minor public facilities
Type 1
Type 1
Neighborhood parks as defined by the parks and recreation policy plan
BDR
BDR
Major public facilities
Type 2
Type 2
C. COMMERCIAL/RETAIL
Vehicle minor repair, servicing and maintenance establishments*
BDR
Type 1
Vehicle major repair, servicing and maintenance establishments*
BDR
Type 2
Vehicle sales, leasing and rentals with outdoor storage
BDR
Not permitted
Child care centers
BDR
BDR
Entertainment facilities and theaters
BDR
Type 1
Clubs and lodges
BDR
Type 1
Offices, financial services and clinics
BDR
BDR
Parking lots and garages (as a principal use)
BDR
Not permitted
Personal and business service shops
BDR
BDR
Plumbing, electrical and carpenter shops
BDR
BDR
Standard restaurants
BDR
Type 1
Fast food restaurants (without drive-in or drive-through facilities)
BDR
Type 1
Frozen food lockers
BDR
Type 1
Retail establishments
BDR
Type 1
Limited indoor recreation
BDR
Type 1
Veterinarian facilities and small animal clinics
BDR
Type 1
Veterinary hospitals
BDR
Type 1
Dog day care facilities
BDR
Type 1
Print shops
BDR
Type 1
Exhibit halls
BDR
Type 1
Adult day/respite care centers
BDR
BDR
Convenience retail stores without fuel sales
Type 1
Type 1
Convenience retail stores with fuel sales
Type 1
Type 1
Bars and taverns
Type 1
Type 1
Gasoline stations
Type 1
Not permitted
Farm implement and heavy equipment sales
Type 1
Not permitted
Mobile home, recreational vehicle and truck sales and leasing
Type 1
Not permitted
Funeral homes
Type 1
Type 1
Drive-in restaurants
Type 1
Not permitted
Food catering or small food product preparation
Type 1
Type 1
Enclosed mini-storage facilities*
Type 1
Type 1
Indoor kennels
Type 1
Type 1
Artisan and photography studios and galleries
Not permitted
Type 1
Bed and breakfast establishments
Not permitted
Type 1
Grocery stores
Not permitted
Type 1
Small scale reception centers
Not permitted
Type 1
Animal boarding
Not permitted
Type 2
Plant nurseries and greenhouses
Not permitted
Type 1
Health and membership clubs
Not permitted
Type 1
Open-air farmers markets
Not permitted
Type 1
Lodging establishments
Type 1
Type 1
Microbrewery/distillery/winery
Type 1
Type 1
D. INDUSTRIAL
Workshops and custom small industry uses
BDR
BDR
Transportation terminals (truck, container storage)
BDR
Not permitted
Warehouses*
BDR
Type 1
Wholesale distribution
BDR
Not permitted
Light industrial uses*
Not permitted
Type 2
Research laboratories*
Not permitted
Type 1
Outdoor storage facilities consisting only of the storage of vehicles which are towed to the premises and temporarily stored until such vehicles are claimed by the vehicle owners or moved to an auction or junk yard or other similar disposal site, provided that such facilities are located at least thirty-five (35) feet from the flow line of all abutting arterial streets.
Type 1
Not permitted
Medical marijuana optional premises cultivation operations
Not permitted
BDR
Medical marijuana-infused product manufacturers
Not permitted
BDR
Retail marijuana cultivation facility
Not permitted
Type 1
Retail marijuana product manufacturing facility
Not permitted
Type 1
Retail marijuana testing facility
Not permitted
Type 1
Small-scale and medium-scale solar energy systems
Type 1
Type 1
E. ACCESSORY – MISC.
Wireless telecommunication equipment
Type 1
Type 1
Wireless telecommunication facilities
Type 1
Type 1
Satellite dish antennas greater than thirty-nine (39) inches in diameter
BDR
BDR
Outdoor vendor
BDR
BDR
Accessory uses
BDR
BDR
Accessory buildings
BDR
BDR

 

* Not permitted in the South College Gateway Area.

(C) Prohibited Uses. All uses that are not expressly allowed as permitted uses in this Section or determined to be permitted by the Director or the Planning and Zoning Board pursuant to Section 1.3.4 of this Code shall be prohibited.

(D) Land Use Standards.

(1) Building Height. The maximum building height shall be three (3) stories.

(2) Nonresidential Development. Nonresidential development in all areas except for the Riverside Area shall comply with the following criteria:

(a) To the extent reasonably feasible, loading docks, service bays and garage doors shall not face any abutting public street, in order to encourage such facilities to be located so as to face side yards or other internal site areas and not public streets. If it is not reasonably feasible to accommodate the function of the intended use without such facilities facing an abutting public street, then such facilities shall be completely incorporated into the architectural design of the building.

(b) Any enclosed mini-storage facility shall include either a caretaker's dwelling or at least one (1) of the following uses: any residential use; offices, financial services and clinics; personal or business service shops; convenience retail stores; retail establishments; standard or fast food restaurants; or small animal veterinary clinics. Such additional use shall face an adjacent public street, and shall occupy at least twenty-five (25) percent of the building frontage along the street. Any storage unit building frontage along the street shall consist only of rear walls of storage unit buildings and landscaping. Fencing along streets shall be wrought iron, or its visual equivalent, and any fencing along streets that exceeds four (4) feet in height shall be placed in segments between buildings, and not as a continuous perimeter fence.

(E) Development Standards.

(1) Development Standards in All Areas Except for the Riverside Area. Nonresidential development in all areas except for the Riverside Area shall comply with the following criteria:

(a) Building Standards. All nonresidential buildings permitted under this Section, including industrial buildings, shall meet the standards for mixed-use and commercial buildings contained in Section 3.5.3 if this Land Use Code.

(b) Maximum Size. No building permitted by this Section shall have a single undifferentiated mass with a footprint over ten thousand (10,000) square feet. Except for schools and places of worship or assembly, no building footprint shall exceed a total of twenty thousand (20,000) square feet.

1. For any building with a footprint in excess of ten thousand (10,000) square feet, walls that are greater than seventy-five (75) feet in length shall incorporate recesses or projections created by wall plane returns of at least thirty (30) feet; any such building shall be differentiated into multiple sections of mass in order to achieve proportions that are compatible in scale with adjacent residential neighborhoods.

(c) Hours of Operation. The decision maker may limit hours of operation, hours when trucking and deliveries may occur, and other time related characteristics of the nonresidential uses in order to enhance the compatibility with adjacent residential uses.

(2) Development Standards in the Riverside Area. Within the Riverside Area, any nonresidential use shall be separated from abutting residential land uses or residential zone districts by a solid fence or wall at least six (6) feet in height.

(F) Development Standards for the South College Gateway Area. Development located within the South College Gateway Area shall be subject to the requirements of Division 3.11.

(Ord. No. 90, 1998, 5/19/98; Ord. No. 228, 1998 §§66—69, 12/15/98; Ord. No. 99, 1999 §29, 6/15/99; Ord. No. 165, 1999 §48, 11/16/99; Ord. No. 183, 2000 §39, 12/19/00; Ord. No. 204, 2001 §§1, 56, 12/18/01; Ord. No. 087, 2002 §48, 6/4/02; Ord. No. 090, 2003 §11, 6/17/03; Ord. No. 091, 2004 §45, 6/15/04; Ord. No. 198, 2004 §31, 12/21/04; Ord. No. 070, 2005 §14, 7/5/05; Ord. No. 123, 2005 §§36, 37, 11/15/05; Ord. No. 104, 2006 §§12, 44, 7/18/06; Ord. No. 131, 2006 §5, 9/19/06; Ord. No. 192, 2006 §§32, 33, 12/19/06; Ord. No. 208, 2006 2/6/07; Ord. No. 081, 2007 §29, 7/17/07; Ord. No. 073, 2008 §§21, 24, 7/1/08; Ord. No. 028, 2009 §§12, 13, 3/24/09; Ord. No. 066, 2009 §39, 7/7/09; Ord. No. 045, 2010 §4, 5/4/10; Ord. No. 020, 2011 §11, 3/15/11; Ord. No. 010, 2012 §10, 2/21/12; Ord. No. 051, 2012 §20, 7/17/12; Ord. No. 057, 2012 §10, 7/17/12; Ord. No. 130, 2012 §19, 11/20/12; Ord. No. 143, 2012 §10, 1/15/13; Ord. No. 092, 2013 §25, 7/16/13; Ord. No. 096, 2013 §25, 7/16/13; Ord. No. 042, 2014 §12, 3/18/14; Ord. No. 086, 2014 §80, 7/1/14)


DIVISION 4.25 RESERVEDGo to the top


DIVISION 4.26 HARMONY CORRIDOR DISTRICT (H-C)Go to the top

(A) Purpose. The Harmony Corridor District is intended to implement the design concepts and land use vision of the Harmony Corridor Plan -- that of creating an attractive and complete mixed-use area with a major employment base.

(B) Permitted Uses.

(1) The following uses are permitted in the H-C District, subject to basic development review, provided that such uses are located on lots that are part of an approved site specific development plan:

(a) Accessory/Miscellaneous Uses:

1. Accessory buildings.

2. Accessory uses.

3. Outdoor vendor.

4. Urban agriculture.

(b) Any use authorized pursuant to a site specific development plan that was processed and approved either in compliance with the Zoning Code in effect on March 27, 1997, or in compliance with this Code (other than a final subdivision plat, or minor subdivision plat, approved pursuant to Section 29-643 or 29-644 of prior law, for any nonresidential development or any multi-family dwelling containing more than four [4] dwelling units), provided that such use shall be subject to all of the use and density requirements and conditions of said site specific development plan.

(c) Any use which is not hereafter listed as a permitted use in this zone district but which was permitted for a specific parcel of property pursuant to the zone district regulations in effect for such parcel on March 27, 1997; and which physically existed upon such parcel on March 27, 1997; provided, however, that such existing use shall constitute a permitted use only on such parcel of property.

(d) Institutional/Civic/Public Uses:

1. Neighborhood parks as defined by the Parks and Recreation Policy Plan.

(e) Residential Uses:

1. Shelters for victims of domestic violence.

(2) The following uses are permitted in the H-C District, subject to administrative review:

(a) Residential Uses:

1. Mixed-use dwellings.

(b) Institutional/Civic/Public Uses:

1. Community facilities.

2. Public and private schools, including colleges, universities, vocational and technical training.

3. Parks, recreation and other open lands, except neighborhood parks as defined by the Parks and Recreation Policy Plan.

4. Hospitals.

5. Minor public facilities.

6. Transit facilities without repair or storage.

(c) Commercial/Retail Uses:

1. Offices, financial services and clinics.

2. Child care centers.

3. Print shops.

4. Food catering or small food product preparation.

5. Open air farmers markets in neighborhood, community and regional shopping centers only.

6. Adult day/respite care centers.

7. Small animal veterinary clinics.

8. Indoor kennels if in a community or regional shopping center or a small animal veterinary clinic or a small animal veterinary hospital.

9. Small animal veterinary hospitals.

(d) Industrial Uses:

1. Research laboratories.

2. Light industrial uses.

3. Workshops and custom small industry uses.

4. Small-scale and medium-scale solar energy systems.

(e) Accessory/Miscellaneous Uses:

1. Satellite dish antennas greater than thirty-nine (39) inches in diameter.

2. Wireless telecommunication equipment.

3. Wireless telecommunication facilities.

(3) The following uses are permitted in the H-C District, subject to Planning and Zoning Board review:

(a) Residential Uses:

1. Single-family detached dwellings.

2. Single-family attached dwellings.

3. Two-family dwellings.

4. Multi-family dwellings.

5. Group homes.

(b) Institutional/Civic/Public Uses:

1. Public and private schools for elementary, junior high and high school education.

2. Long-term care facilities.

3. Places of worship or assembly.

(c) Commercial/Retail Uses:

1. Lodging establishments.

2. Convenience shopping centers.

3. Standard restaurants.

4. Bed and breakfast establishments.

5. Clubs and lodges.

6. Health and membership clubs.

7. Neighborhood service centers as defined/described in the Harmony Corridor Plan.

8. Community shopping centers as defined/described in the Harmony Corridor Plan.

9. Lifestyle shopping centers as defined/described in the Harmony Corridor Plan.

10. Regional shopping centers as defined/described in the Harmony Corridor Plan.

11. Convention and conference center.

12. Outdoor amphitheaters.

13. Limited indoor recreation establishments.

14. Unlimited indoor recreation use and facility.

(d) Accessory/Miscellaneous Uses:

1. Heliports and helipads.

(C) Prohibited Uses. All uses that are not (1) expressly allowed as permitted uses in this Section or (2) determined to be permitted by the Director or the Planning and Zoning Board pursuant to Section 1.3.4 of this Land Use Code shall be prohibited.

(D) Land Use Standards.

(1) Harmony Corridor Land Use Standards. All development in the H-C Harmony Corridor District shall comply with the Harmony Corridor land use and locational standards as adopted by the City and the following specific standards to the extent that such standards apply to the property proposed to be developed.

(2) Secondary Uses. All secondary uses shall be integrated both in function and appearance into a larger employment-based development plan that emphasizes primary uses. A secondary use shall be subject to administrative review or Planning and Zoning Board review as required for such use in Section 4.26(B). The following permitted uses shall be considered secondary uses in this zone district and together shall occupy no more than twenty-five (25) percent of the total gross area of the development plan.

(a) Community facilities.

(b) Public facilities.

(c) Child care centers.

(d) Print shops.

(e) Food catering.

(f) Workshops and custom small industry uses.

(g) Residential uses (except mixed-use dwellings when the residential units are stacked above a primary use which occupies the ground floor).

(h) Lodging establishments.

(i) Convenience shopping centers.

(j) Standard restaurants.

(k) Bed and breakfast establishments.

(l) Clubs and lodges.

(m) Health and membership clubs.

(n) Convention and conference centers.

(o) Places of worship or assembly.

(p) Limited indoor recreation establishments.

(q) Unlimited indoor recreation use and facility.

(3) Dimensional standards.

(a) Maximum height for all nonresidential buildings, including those containing mixed-use dwelling units, shall be six (6) stories. Maximum height for residential buildings shall be three (3) stories.

(b) All new structures greater than eighty thousand (80,000) square feet in gross leasable area shall be subject to Planning and Zoning Board review.

(c) Any building addition that exceeds eighty thousand (80,000) square feet in gross leasable area and exceeds twenty-five (25) percent of the gross leasable area of the existing building shall be subject to Planning and Zoning Board review.

(4) Density/Intensity. All residential development in the H-C Harmony Corridor District shall have an overall minimum average density of seven (7) dwelling units per net acre of residential land.

(5) Mix of Housing Types. A mix of permitted housing types shall be included in any development plan proposing residential uses as secondary uses. The following standards are intended to promote a variety of housing within such a development plan:

(a) A minimum of two (2) housing types shall be required on any residential portion of a development plan greater than ten (10) acres but less than thirty (30) acres in size, including parcels which are part of a phased development. A minimum of three (3) housing types shall be required on any residential portion of a development plan greater than thirty (30) acres in size, including parcels which are part of a phased development. The following list of housing types shall be used to satisfy this requirement:

1. single-family detached dwellings.

2. single-family attached dwellings.

3. two-family dwellings.

4. multi-family dwellings containing three (3) to four (4) units per building.

5. multi-family dwellings containing five (5) to seven (7) units per building.

6. multi-family dwellings containing more than seven (7) units per building.

7. group homes.

8. mixed-use dwellings.

(b) If single-family detached housing is proposed, at least an equivalent number of single-family attached housing, two-family dwellings or multi-family dwelling units (or combination thereof) must also be provided.

(c) Lot sizes and dimensions shall be varied for different housing types to avoid monotonous streetscapes.

(d) Lot pattern. The lot size and layout pattern shall be designed to allow buildings to face toward a street.

(6) Access to a park, central feature or gathering place. Within any development proposal that contains a residential component, at least ninety (90) percent of the dwellings shall be located within one thousand three hundred twenty (1,320) feet (one-quarter [¼] mile) of either a neighborhood park, a privately owned park or a central feature or gathering place that is located either within the project or within adjacent development, which distance shall be measured along street frontage without crossing an arterial street. Such parks, central features or gathering places shall contain one (1) or more of the following uses:

(a) Public parks, recreation areas or other open lands.

(b) Privately owned parks meeting the following criteria:

1. Size. In development projects greater than two (2) acres in gross area, such private parks must be a minimum of ten thousand (10,000) square feet. In development projects with a gross area of two (2) acres or less, such private parks must be a minimum of six (6) percent of the gross site area.

2. Location. Such parks must be highly visible, secure settings formed by the street layout and pattern of lots and easily observed from streets. Rear facades and rear yards of dwellings shall not abut more than two (2) sides or more than fifty (50) percent of the perimeter frontage of the park.

3. Accessibility. All parts of such parks shall be safely and easily accessible by pedestrians, and open to the public.

4. Facilities. Such parks shall consist of multiple-use turf areas, walking paths, plazas, pavilions, picnic tables, benches or other features for various age groups to utilize.

5. Ownership and Maintenance. Such parks may, in the discretion of the city, be acquired by the city (through dedication or purchase), or be privately owned and maintained by the developer or property owners' association.

6. Storm Drainage. When integrating storm drainage and detention functions to satisfy this requirement, the design of such facilities shall not result in slopes or gradients that conflict with other recreational and civic purposes of the park.

(c) Community facilities or neighborhood support/recreation facilities (which are permitted as an accessory use to housing). If such facility is smaller than the required minimum size for privately owned parks as required in subparagraph (b) above, then the facility shall be physically integrated with such park space as needed to meet the required minimum size.

(E) Development Standards.

(1) Harmony Corridor Development Standards. All development in the H-C Harmony Corridor District shall also comply with the Harmony Corridor design standards as adopted by the city and the following specific standards to the extent that such standards apply to the property proposed for development.

(2) Site Design.

(a) In the case of multiple parcel ownership, to the extent reasonably feasible, an applicant shall enter into cooperative agreements with adjacent property owners to create a comprehensive development plan that establishes an integrated pattern of streets, outdoor spaces, building styles and land uses.

(b) Where an employment or industrial use abuts a residential area, there shall be no drastic and abrupt change in the scale and height of buildings.

(c) All commercial/retail and industrial uses, except for off-street parking and loading, shall be conducted or carried out entirely within completely enclosed buildings or structures.

(3) Building Design.

(a) Industrial Buildings. To the extent reasonably feasible, industrial buildings shall provide a primary entrance that faces and opens directly onto the abutting street sidewalk or a walkway, plaza or courtyard that has direct linkage to the street sidewalk without requiring pedestrians to cross any intervening driveways or parking lots.

(b) Campus Exception. An exception shall be permitted to subsection (a) above, and to the requirements contained in Section 3.5.3(B) if the development provides a "campus or park-like development block," meaning development with a unifying, formative internal framework of pedestrian-oriented, nonvehicular outdoor spaces and walkways that function as an alternative to street sidewalks by organizing and connecting buildings. The internal campus pedestrian circulation system shall be designed to provide direct connections to common origins and destinations (such as street sidewalks, transit stops, restaurants, child care facilities and convenience shopping centers).

(Ord. No. 90, 1998, 5/19/98; Ord. No. 228, 1998 §§70, 71, 12/15/98; Ord. No. 99, 1999 §§30, 31, 6/15/99; Ord. No. 165, 1999 §§49—51, 11/16/99; Ord. No. 59, 2000 §§35—37, 6/6/00; Ord. No. 183, 2000 §40, 12/19/00; Ord. No. 204, 2001 §§1, 57, 12/18/01; Ord. No. 087, 2002 §§49—54, 6/4/02; Ord. No. 177, 2002 §20, 12/17/02; Ord. No. 090, 2003 §§11, 18, 6/17/03; Ord. No. 104, 2003 §1, 8/19/03; Ord. No. 091, 2004 §§46—48, 6/15/04; Ord. No. 198, 2004 §32, 12/21/04; Ord. No. 115, 2006, 8/15/06; Ord. No. 131, 2006 §5, 9/19/06; Ord. No. 192, 2006 §34, 12/19/06; Ord. No. 081, 2007 §§30, 31, 7/17/07; Ord. No. 073, 2008 §24, 7/1/08; Ord. No. 066, 2009 §40, 7/7/09; Ord. No. 068, 2010 §23, 7/6/10; Ord. No. 057, 2012 §11, 7/17/12; Ord. No. 092, 2013 §26, 7/16/13; Ord. No. 096, 2013 §26, 7/16/13; Ord. No. 086, 2014 §§81—83, 7/1/14)


DIVISION 4.27 EMPLOYMENT DISTRICT (E)Go to the top

(A) Purpose. The Employment District is intended to provide locations for a variety of workplaces including light industrial uses, research and development activities, offices and institutions. This District also is intended to accommodate secondary uses that complement or support the primary workplace uses, such as hotels, restaurants, convenience shopping, child care and housing.

Additionally, the Employment District is intended to encourage the development of planned office and business parks; to promote excellence in the design and construction of buildings, outdoor spaces, transportation facilities and streetscapes; to direct the development of workplaces consistent with the availability of public facilities and services; and to continue the vitality and quality of life in adjacent residential neighborhoods.

(B) Permitted Uses.

(1) The following uses are permitted in the E District, subject to basic development review, provided that such uses are located on lots that are part of an approved site-specific development plan:

(a) Accessory/Miscellaneous Uses:

1. Accessory buildings.

2. Accessory uses.

3. Outdoor vendor.

4. Urban agriculture.

(b) Any use authorized pursuant to a site specific development plan that was processed and approved either in compliance with the Zoning Code in effect on March 27, 1997, or in compliance with this Code (other than a final subdivision plat, or minor subdivision plat, approved pursuant to Section 29-643 or 29-644 of prior law, for any nonresidential development or any multi-family dwelling containing more than four [4] dwelling units), provided that such use shall be subject to all of the use and density requirements and conditions of said site specific development plan.

(c) Any use which is not hereafter listed as a permitted use in this zone district but which was permitted for a specific parcel of property pursuant to the zone district regulations in effect for such parcel on March 27, 1997; and which physically existed upon such parcel on March 27, 1997; provided, however, that such existing use shall constitute a permitted use only on such parcel of property.

(d) Institutional/Civic/Public Uses:

1. Neighborhood parks as defined by the Parks and Recreation Policy Plan.

(e) Residential Uses:

1. Extra occupancy rental houses with five (5) or fewer tenants.

2. Shelters for victims of domestic violence.

(f) Industrial Uses:

1. Small-scale and medium-scale solar energy systems.

(2) The following uses are permitted in the E District, subject to administrative review:

(a) Residential Uses:

1. Mixed-use dwellings.

2. Extra occupancy rental houses with more than five (5) tenants.

(b) Institutional/Civic/Public Uses:

1. Public and private schools, including colleges, universities, vocational and technical training.

2. Minor public facilities.

3. Parks, recreational and other open lands, except neighborhood parks as defined by the Parks and Recreation Policy Plan.

4. Community facilities.

5. Transit facilities without repair or storage.

6. Hospitals.

(c) Commercial/Retail Uses:

1. Offices, financial services and clinics.

2. Bars and taverns.

3. Veterinary facilities and small animal clinics.

4. Clubs and lodges.

5. Parking lots and parking garages (as a principal use).

6. Child care centers.

7. Plant nurseries and greenhouses.

8. Dog day care facilities.

9. Print shops.

10. Food catering or small food product preparation.

11. Adult day/respite care centers.

12. Personal and business service shops.

13. Microbrewery/distillery/winery.

14. Music studios.

(d) Industrial Uses:

1. Light industrial uses.

2. Research laboratories.

3. Workshops and custom small industry uses.

4. Wholesale distribution.

5. Composting facilities.

6. Warehouses.

7. Large-scale solar energy systems.

(e) Accessory/Miscellaneous Uses:

1. Satellite dish antennas greater than thirty-nine (39) inches in diameter.

2. Wireless telecommunication equipment.

3. Wireless telecommunication facilities.

(3) The following uses are permitted in the E District, subject to review by the Planning and Zoning Board:

(a) Residential Uses:

1. Single-family detached dwellings located on lots containing no more than six thousand (6,000) square feet.

2. Two-family dwellings.

3. Single-family attached dwellings.

4. Multi-family dwellings.

5. Mobile home parks.

6. Group homes.

(b) Institutional/Civic/Public Uses:

1. Cemeteries.

2. Public and private schools for elementary, intermediate and high school education.

3. Transit facilities with outdoor repair and storage.

4. Golf courses.

5. Jails, detention and penal centers.

6. Long-term care facilities.

7. Places of worship or assembly.

(c) Commercial/Retail Uses:

1. Standard and fast food restaurants (without drive-in or drive-through facilities).

2. Lodging establishments.

3. Bed and breakfast establishments.

4. Funeral homes.

5. Health and membership clubs.

6. Convenience shopping centers.

7. Artisan and photography studios and galleries.

8. Veterinary hospitals.

9. Drive-in restaurants (only if located in a convenience shopping center).

10. Convention and conference center.

11. Limited indoor recreation establishments.

12. Enclosed mini-storage facilities.

(d) Industrial Uses:

1. Dry-cleaning plants.

(e) Accessory/Miscellaneous Uses:

1. Heliports and helipads.

(C) Prohibited Uses. All uses that are not (1) expressly allowed as permitted uses in this Section or (2) determined to be permitted by the Director or the Planning and Zoning Board pursuant to Section 1.3.4 of this Land Use Code shall be prohibited.

(D) Land Use Standards.

(1) Prospect Road Streetscape Program. All development in this zone district that is located within the planning area for the Prospect Road Streetscape Program shall also comply with the Prospect Road Streetscape Standards as adopted by the city, to the extent that such Standards apply to the property proposed to be developed.

(2) Secondary Uses. All secondary uses shall be integrated both in function and appearance into a larger employment district development plan that emphasizes primary uses. A secondary use shall be subject to administrative review or Planning and Zoning Board review as required for such use in Section 4.27(B). The following permitted uses shall be considered secondary uses in this zone district and together shall occupy no more than twenty-five (25) percent of the total gross area of the development plan.

(a) Veterinary facilities and small animal clinics.

(b) Clubs and lodges.

(c) Child care centers.

(d) Residential uses (except mixed-use dwellings when the residential units are stacked above a primary use which occupies the ground floor).

(e) Standard and fast food restaurants.

(f) Lodging establishments.

(g) Bed and breakfast establishments.

(h) Funeral homes.

(i) Health and membership clubs.

(j) Convenience shopping centers.

(k) Convention and conference center.

(l) Food catering.

(m) Public facilities.

(n) Community facilities.

(o) Bars and taverns.

(p) Plant nurseries and greenhouses.

(q) Dog day-care facilities.

(r) Print shops.

(s) Workshops and custom small industry uses.

(t) Artisan and photography studios and galleries.

(u) Limited indoor recreation establishments.

(v) Enclosed mini-storage facilities.

(w) Places of worship or assembly.

(x) Personal and business service shops.

(y) Music studios.

(3) Locational Standards along I-25. Along I-25, any secondary uses shall be located at least one thousand four hundred forty-five (1,445) feet from the centerline of I-25. Such secondary uses shall be located so that they have direct access from a collector or local street.

(4) Dimensional Standards.

(a) Maximum height shall be four (4) stories.

(b) All new structures greater than fifty thousand (50,000) square feet in gross leasable area shall be subject to Planning and Zoning Board review.

(c) Any building addition that exceeds fifty thousand (50,000) square feet in gross leasable area and exceeds twenty-five (25) percent of the gross leasable area of the existing building shall be subject to Planning and Zoning Board review.

(5) Density/Intensity. All residential development in the E Employment District shall have an overall minimum average density of seven (7) dwelling units per net acre of residential land.

(6) Mix of Housing Types. A mix of permitted housing types shall be included in any development plan proposing residential uses as secondary uses. The following standards are intended to promote a variety of housing within such a development plan:

(a) A minimum of two (2) housing types shall be required on any residential portion of a development plan greater than ten (10) acres but less than thirty (30) acres in size, including parcels which are part of a phased development. A minimum of three (3) housing types shall be required on any residential portion of a development plan greater than thirty (30) acres in size, including parcels which are part of a phased development. The following list of housing types shall be used to satisfy this requirement:

1. single-family detached dwellings located on lots containing no more than six thousand (6,000) square feet.

2. single-family attached dwellings.

3. two-family dwellings.

4. multi-family dwellings containing three (3) to four (4) units per building.

5. multi-family dwellings containing five (5) to seven (7) units per building.

6. multi-family dwellings containing more than seven (7) units per building.

7. group homes.

8. mixed-use dwellings.

9. mobile home parks.

(b) If single-family detached housing is proposed, at least an equivalent number of single-family attached housing, two-family dwellings or multi-family dwelling units (or combination thereof) must also be provided.

(c) Lot sizes and dimensions shall be varied for different housing types to avoid monotonous streetscapes.

(d) Lot pattern. The lot size and layout pattern shall be designed to allow buildings to face toward a street.

(7) Access to a park, central feature or gathering place. Within any development proposal that contains a residential component at least ninety (90) percent of the dwellings of a residential development proposal shall be located within one thousand three hundred twenty (1,320) feet (one-quarter [¼] mile) of either a neighborhood park, a privately owned park or a central feature or gathering place that is located either within the project or within adjacent development, which distance shall be measured along street frontage without crossing an arterial street. Such parks, central features or gathering places shall contain one (1) or more of the following uses:

(a) Public parks, recreation areas or other open lands.

(b) Privately owned parks meeting the following criteria:

1. Size. In development projects greater than two (2) acres in gross area, such private parks must be a minimum of ten thousand (10,000) square feet. In development projects with a gross area of two (2) acres or less, such private parks must be a minimum of six (6) percent of the gross site area.

2. Location. Such parks must be highly visible, secure settings formed by the street layout and pattern of lots and easily observed from streets. Rear facades and rear yards of dwellings shall not abut more than two (2) sides or more than fifty (50) percent of the perimeter frontage of the park.

3. Accessibility. All parts of such parks shall be safely and easily accessible by pedestrians, and open to the public.

4. Facilities. Such parks shall consist of multiple-use turf areas, walking paths, plazas, pavilions, picnic tables, benches or other features for various age groups to utilize.

5. Ownership and Maintenance. Such parks may, in the discretion of the City, be acquired by the City (through dedication or purchase), or be privately owned and maintained by the developer or property owners' association.

6. Storm Drainage. When integrating storm drainage and detention functions to satisfy this requirement, the design of such facilities shall not result in slopes or gradients that conflict with other recreational and civic purposes of the park.

(c) Community facilities or neighborhood support/ recreation facilities (which are permitted as an accessory use to housing). If such facility is smaller than the required minimum size for privately owned parks as required in subparagraph (b) above, then the facility shall be physically integrated with such park space as needed to meet the required minimum size.

(E) Development Standards.

(1) Site Design.

(a) In the case of multiple parcel ownership, to the extent reasonably feasible, an applicant shall enter into cooperative agreements with adjacent property owners to create a comprehensive development plan that establishes an integrated pattern of streets, outdoor spaces, building styles and land uses.

(b) Where an employment or industrial use abuts a residential area, there shall be no drastic and abrupt change in the scale and height of buildings.

(c) Except for off-street parking and loading areas, all veterinary hospitals and all industrial uses (except commercial composting) shall be carried out entirely within completely enclosed buildings or structures.

(2) Building Design. To the extent reasonably feasible, industrial buildings shall provide a primary entrance that faces and opens directly onto the abutting street sidewalk or a walkway, plaza or courtyard that has direct linkage to the street sidewalk without requiring pedestrians to cross any intervening driveways or parking lots. The following exceptions shall be permitted to this standard and to the requirements contained in subsection 3.5.3(B):

(a) Buildings may orient away from the street if the development provides a campus or park-like development block with a unifying, formative internal framework of outdoor spaces and connecting walkways that function as an alternative to street sidewalks by connecting buildings within the site and directly connecting to common destinations in the district (such as transit stops, restaurants, child care facilities and convenience shopping centers). Such an internal network shall provide direct pedestrian access to the street sidewalk(s).

(3) Enclosed Mini-Storage Facilities. Where enclosed mini-storage facilities face a public street, the entire linear frontage along such street shall include only buildings designed for human occupancy, landscaping, accessory parking and/or drives.

(F) Development Standards for the I-25 Corridor. Development located within one thousand three hundred twenty (1,320) feet (one-quarter [¼] mile) of the centerline of I-25 shall be subject to the requirements of Division 3.9.

(G) Development Standards for the Transit-Oriented Development (TOD) Overlay Zone. Development located within the TOD Overlay Zone shall be subject to the requirements of Division 3.10.

(Ord. No. 90, 1998, 5/19/98; Ord. No. 228, 1998 §§72—76, 12/15/98; Ord. No. 99, 1999 §§32—34, 6/15/99; Ord. No. 165, 1999 §§52, 53, 11/16/99; Ord. No. 59, 2000 §38—42, 6/6/00; Ord. No. 183, 2000 §§41, 42, 12/19/00; Ord. No. 204, 2001 §§1, 58—61, 12/18/01; Ord. No. 087, 2002 §§55—59, 6/4/02, Ord. No. 177, 2002 §21, 12/17/02; Ord. No. 090, 2003 §11, 6/17/03; Ord. No. 120, 2003 §§6, 7, 9/02/03; Ord. No. 173, 2003 §§37, 38, 12/16/03; Ord. No. 091, 2004 §§49—53, 6/15/04; Ord. No. 123, 2005 §§38—40, 11/15/05; Ord. No. 104, 2006 §§45, 46, 7/18/06; Ord. No. 131, 2006 §5 9/19/06; Ord. No. 192, 2006 §35, 12/19/06; Ord. No. 078, 2007 §4, 6/19/07; Ord. No. 081, 2007 §32, 7/17/07; Ord. No. 073, 2008 §§22, 24, 7/1/08; Ord. No. 066, 2009 §§41, 42, 7/7/09; Ord. No. 120, 2011 §30, 9/20/2011; Ord. No. 051, 2012 §21, 7/17/12; Ord. No. 057, 2012 §12, 7/17/12; Ord. No. 092, 2013 §§27, 28, 7/16/13; Ord. No. 096, 2013 §27, 7/16/13; Ord. No. 086, 2014 §§84—87, 7/1/14)


DIVISION 4.28 INDUSTRIAL DISTRICT (I)Go to the top

(A) Purpose. The Industrial District is intended to provide a location for a variety of work processes and work places such as manufacturing, warehousing and distributing, indoor and outdoor storage, and a wide range of commercial and industrial operations. The Industrial District also accommodates complementary and supporting uses such as convenience shopping, child care centers and housing. While these Districts will be linked to the City's transportation system for multiple modes of travel, some may emphasize efficient commercial trucking and rail traffic as needed. Industrial and manufacturing processes used in this District may, by necessity, be characteristically incompatible with residential uses.

(B) Permitted Uses.

(1) The following uses are permitted in the I District, subject to basic development review, provided that such uses are located on lots that are part of an approved site specific development plan:

(a) Accessory/Miscellaneous Uses:

1. Accessory buildings.

2. Accessory uses.

3. Outdoor vendor.

4. Urban agriculture.

(b) Any use authorized pursuant to a site specific development plan that was processed and approved either in compliance with the Zoning Code in effect on March 27, 1997, or in compliance with this Code (other than a final subdivision plat, or minor subdivision plat, approved pursuant to Section 29-643 or 29-644 of prior law, for any nonresidential development or any multi-family dwelling containing more than four [4] dwelling units), provided that such use shall be subject to all of the use and density requirements and conditions of said site specific development plan.

(c) Any use which is not hereafter listed as a permitted use in this zone district but which was permitted for a specific parcel of property pursuant to the zone district regulations in effect for such parcel on March 27, 1997; and which physically existed upon such parcel on March 27, 1997; provided, however, that such existing use shall constitute a permitted use only on such parcel of property.

(d) Institutional/Civic/Public Uses:

1. Neighborhood parks as defined by the Parks and Recreation Policy Plan.

(e) Residential Uses:

1. Extra occupancy rental houses with five (5) or fewer tenants.

(f) Industrial Uses:

1. Medical marijuana optional premises cultivation operations.

2. Medical marijuana-infused product manufacturers.

3. Small-scale and medium-scale solar energy systems.

(2) The following uses are permitted in the I District, subject to administrative review:

(a) Residential Uses:

1. Mixed-use dwellings constructed above nonresidential uses, provided that the aggregate floor area of all mixed-use dwellings does not exceed the aggregate floor area of all nonresidential uses in the building.

2. Extra occupancy rental houses with more than five (5) tenants.

(b) Institutional/Civic/Public Uses:

1. Public and private schools, including colleges, universities, vocational and technical training.

2. Minor public facilities.

3. Community facilities.

4. Parks, recreation and other open lands, except neighborhood parks as defined by the Parks and Recreation Policy Plan.

5. Transit facilities with or without outdoor repair and storage.

6. Places of worship or assembly.

7. Major public facilities.

(c) Commercial/Retail Uses:

1. Offices, financial services and clinics.

2. Plumbing, electrical and carpenter shops.

3. Artisan and photography studios and galleries.

4. Retail stores with vehicle servicing.

5. Vehicle minor repair, servicing and maintenance establishments.

6. Vehicle major repair, servicing and maintenance establishments.

7. Equipment, truck and trailer rental establishments.

8. Parking lots and parking garages (as principal use).

9. Plant nurseries and production greenhouses.

10. Health and membership clubs.

11. Veterinary facilities and small animal clinics.

12. Clubs and lodges.

13. Frozen food lockers.

14. Enclosed mini-storage facilities.

15. Equipment rental without outdoor storage.

16. Gasoline stations.

17. Unlimited indoor recreational uses and facilities.

18. Dog day-care facilities.

19. Print shops.

20. Food catering or small food product preparation.

21. Limited indoor recreation uses.

22. Indoor kennels.

23. Funeral homes.

24. Music studios.

(d) Industrial Uses:

1. Wholesale distribution.

2. Light industrial uses.

3. Heavy industrial uses.

4. Research laboratories.

5. Recycling facilities.

6. Workshops and custom small industry uses.

7. Recreational vehicle, boat and truck storage.

8. Warehouses.

9. Composting facilities.

10. Outdoor storage facilities.

11. Retail marijuana cultivation facility.

12. Retail marijuana product manufacturing facility.

13. Retail marijuana testing facility.

14. Large-scale solar energy systems.

(e) Accessory/Miscellaneous Uses:

1. Mixed-use dwelling units constructed at ground level, provided that they are ancillary to and associated with a principal nonresidential use on the lot.

2. Satellite dish antennas greater than thirty-nine (39) inches in diameter.

3. Wireless telecommunications equipment.

4. Wireless telecommunications facilities.

(3) The following uses are permitted in the I District, subject to review by the Planning and Zoning Board:

(a) Institutional/Civic/Public Uses:

1. Hospitals.

2. Cemeteries.

3. Jails, detention and penal centers.

4. Golf courses.

5. Long-term care facilities.

6. Wildlife rescue and education centers.

(b) Commercial/Retail. None of the following permitted commercial/retail uses shall exceed twenty-five thousand (25,000) square feet in gross leasable area:

1. Animal boarding.

2. Standard and fast food restaurants (without drive-in or drive-through facilities).

3. Bars and taverns.

4. Bed and breakfast establishments.

5. Convenience retail stores with fuel sales, provided that they are at least three thousand nine hundred sixty (3,960) feet (three quarters [¾] of a mile) from any other such use and from any fueling station.

6. Retail and supply yard establishments with outdoor storage.

7. Child care centers.

8. Veterinary hospitals.

9. Convenience shopping centers.

10. Recreational uses.

11. Vehicle and boat sales and leasing establishments with outdoor storage.

12. Sales and leasing of mobile homes, farm implements, heavy excavation equipment.

13. Adult-oriented uses.

14. Drive-in restaurants (only if located in a convenience shopping center).

15. Day shelters, provided that they do not exceed ten thousand (10,000) square feet and are located within one thousand three hundred twenty (1,320) feet (one-quarter [¼] mile) of a Transfort route.

16. Adult day/respite care centers.

17. Microbrewery/distillery/winery.

(c) Industrial Uses:

1. Resource extraction, processes and sales establishments.

2. Junk yards.

3. Airports and airstrips.

4. Dry-cleaning plants.

5. Transport terminals (truck terminals, public works yards, container storage).

6. Farm implement and heavy equipment sales.

(d) Accessory/Miscellaneous Uses:

1. Heliports and helipads.

(C) Prohibited Uses. All uses that are not (1) expressly allowed as permitted uses in this Section or (2) determined to be permitted by the Director or the Planning and Zoning Board pursuant to Section 1.3.4 of this Code shall be prohibited. In addition, the following uses are specifically prohibited in the Industrial District:

(1) Feedlots.

(2) All establishments falling within Standard Industrial Classification (SIC) Major Group No. 29, Petroleum Refining and Related Industries, as identified in the Standard Industrial Classification Manual (OMB 1987).

(3) All establishments falling within Standard Industrial Classification (SIC) Major Group No. 331, Steel Works, Blast Furnaces, and Rolling and Finishing Mills, as identified in the Standard Industrial Classification Manual (OMB 1987).

(4) All establishments falling within Standard Industrial Classification (SIC) Major Group No. 33, Primary Metal Industries, as identified in the Standard Industrial Classification Manual (OMB 1987).

(5) All electrical generation facilities falling within Standard Industrial Classification (SIC) Major Group No. 4911, as identified in the Standard Industrial Classification Manual (OMB 1987).

(6) All establishments falling within Standard Industrial Classification (SIC) Major Group No. 4925, Mixed, Manufactured, or Liquefied Petroleum Gas Products and/or Distribution, as identified in the Standard Industrial Classification Manual (OMB 1987).

(7) All establishments falling within Standard Industrial Classification (SIC) Major Group No. 2011, Meat Packing Plants, as identified in the Standard Industrial Classification Manual (OMB 1987).

(8) All establishments falling within Standard Industrial Classification (SIC) Major Group No. 2015, Poultry Slaughtering and Processing, as identified in the Standard Industrial Classification Manual (OMB 1987).

(9) All establishments falling within Standard Industrial Classification (SIC) Major Group No. 2077, Animal and Marine Fats and Oils, as identified in the Standard Industrial Classification Manual (OMB 1987).

(D) Land Use Standards.

(1) Dimensional Standards.

(a) Maximum height for all nonresidential buildings, including those containing mixed-use dwelling units, shall be four (4) stories.

(b) All new structures greater than fifty thousand (50,000) square feet in gross leasable area shall be subject to Planning and Zoning Board review.

(c) Any building addition that exceeds fifty thousand (50,000) square feet in gross leasable area and exceeds twenty-five (25) percent of the gross leasable area of the existing building shall be subject to Planning and Zoning Board review.

(2) Locational Standards along I-25. Along I-25, any use listed under Section 4.28(B)(3)(c) shall be located at least one thousand four hundred forty-five (1,445) feet from the centerline of I-25. Such uses shall be located so that they have direct access from a collector or local street.

(E) Development Standards.

(1) Prospect Road Streetscape Program. All development in this zone district that falls within the planning area for the Prospect Road Streetscape Program shall also comply with the Prospect Road Streetscape Program Standards as adopted by the city, to the extent that such Standards apply to the property proposed to be developed.

(2) Building Design.

(a) Applicability of Section 3.5. Compliance with the standards contained in Section 3.5.3 of this Code shall be required only for the following permitted uses in this zone district:

Section 4.28(B)(3)(c)2. Standard and Fast Food Restaurants

Section 4.28(B)(3)(c)3. Bars and Taverns

Section 4.28(B)(3)(c)4. Bed and Breakfast Establishments

Section 4.28(B)(3)(c)7. Child Care Centers

Section 4.28(B)(3)(c)9. Convenience Shopping Centers

(b) Orientation. Along arterial streets and any other streets that directly connect to other districts, buildings shall be sited so that a building face abuts upon the required minimum landscaped yard for at least thirty (30) percent of the building frontage. Such a building face shall not consist of a blank wall.

(c) Building character and color. New building color shades shall be neutral, with a medium or dark color range, and not white, bright or reflective.

(3) Site Design.

(a) Screening.

1. Industrial and commercial activities shall not abut a residential area unless the activities and related storage are contained within a building or otherwise completely screened from view from the residential area.

2. A minimum thirty-foot deep landscaped yard shall be provided along all arterial streets, and along any district boundary line that does not adjoin a residential land use. If a district boundary line abuts upon or is within a street right-of-way, then the required landscaped yard shall commence at the street right-of-way line on the district side of the street, rather than at the district boundary line. This requirement shall not apply to development plans that comply with the standards contained in Section 3.5.3 of this Code.

3. A minimum eighty-foot deep landscaped yard shall be provided along any boundary line that adjoins a residential land use or a zone district (whether within or beyond the City's jurisdictional boundary) that is predominately characterized by residential uses as permitted uses. This residential buffer yard may be reduced to thirty (30) feet if the adjoining residential land use or zone district (whether within or beyond the City's jurisdictional boundary) is separated by a public street.

(b) Storage and Operational Areas.

1. Storage, loading and work operations shall be screened from view along all district boundary lines and along all public streets.

2. Within internal district areas, buildings may be surrounded by paving for vehicle use. To the extent reasonably feasible, side and rear yards in interior block locations shall be used for vehicle operations and storage areas, and front yards shall be used for less intensive automobile parking. At district edges, side yards shall be used for vehicle operations and storage areas, in order to allow for a finished, attractive rear building wall and a landscaped rear yard.

(F) Development Standards for the I-25 Corridor. Development located within one thousand three hundred twenty (1,320) feet (one-quarter [¼] mile) of the centerline of I-25 shall be subject to the requirements of Division 3.9 of this Code.

(Ord. No. 90, 1998, 5/19/98; Ord. No. 228, 1998 §§77—81, 12/15/98; Ord. No. 99, 1999 §35, 6/15/99; Ord. No. 165, 1999 §§54, 55, 11/16/99; Ord. No. 59, 2000 §§43—45, 6/6/00; Ord. No. 183, 2000 §43, 12/19/00; Ord. No. 204, 2001 §§1, 62—64, 12/18/01; Ord. No. 087, 2002 §§60, 61, 6/4/02; Ord. No. 090, 2003 §11, 6/17/03; Ord. No. 120, 2003 §§8, 9, 9/02/03; Ord. No. 091, 2004 §§54—58, 6/15/04; Ord. No. 198, 2004 §33, 12/21/04; Ord. No. 123, 2005 §§41—43; Ord. No. 104, 2006 §§47—49, 7/18/06; Ord. No. 131, 2006 §5, 9/19/06; Ord. No. 081, 2007 §33, 7/17/07; Ord. No. 073, 2008 §§23, 24, 7/1/08; Ord. No. 066, 2009 §§43—45, 7/7/09; Ord. No. 026, 2010 §11, 3/16/10; Ord. No. 020, 2011 §12, 3/15/11; Ord. No. 010, 2012 §11, 2/21/12; Ord. No. 051, 2012 §22, 7/17/12; Ord. No. 057, 2012 §13, 7/17/12; Ord. No. 143, 2012 §11, 1/15/13; Ord. No. 096, 2013 §28, 7/16/13; Ord. No. 042, 2014 §13, 3/18/14; Ord. No. 086, 2014 §§88—90, 7/1/14)


DIVISION 4.29 PLANNED DEVELOPMENT OVERLAY DISTRICT (PDOD)   *  Go to the top

(A) Purpose and Applicability.

(1) Purpose. The Planned Development Overlay District ("PDOD") is a district within certain areas of the City designed to provide an optional process for reviewing an applicant's compliance with the applicable land use, design and development standards established by underlying zone districts and Article 3 of this Code. The District is intended to further the City's sustainability goals as set forth in City Plan, and to provide flexibility in the design of development to best utilize the potential of sites that are characterized by exceptional geographic features, topography, size, shape and/or the constraints of existing development. The district is intended to provide a development review process that encourages heightened dialogue and collaboration among applicants, affected property owners, neighbors and City staff.

(2) Applicability. Any property located within the PDOD (Figure 22) shall be eligible to develop according to the standards set forth in subsection (D) at the option of the developer. This Division shall be applicable only to an application for approval of a detailed development plan which has been filed with the City on or before September 9, 2015, unless said deadline has been extended by subsequent ordinance of the City Council. No more than five (5) applications shall be received and accepted for processing during the effective term of this ordinance, which term ends on September 9, 2015; and the Director may determine to close the acceptance of applications prior to September 9, 2015, if necessary in order to properly and adequately process and administer the applications received.

(a) In order to utilize the PDOD zone district regulations, the proposed development must be under single ownership or control to ensure that there is a single entity responsible for completing the project. The applicant shall provide sufficient documentation of ownership or control to indicate the development will be completed in its entirety by a single entity as proposed.

Figure 22

Figure 22

(B) Permitted Uses.

(1) Any use permitted in the underlying zone district is permitted in the PDOD.

(2) Any use permitted in any other zone district of the City will be permitted, but only if such use conforms to all of the following conditions:

(a) Such use is designed compatibly with the other listed permitted uses in the underlying zone district to which it is added;

(b) The impacts of such use will be mitigated to the maximum extent feasible; and

(c) Such use, whether a use permitted in the underlying zone district or a use permitted in any other zone district of the City, complies with the land use standards contained in subsection (D) below.

(C) Prohibited Uses. There are no expressly prohibited uses in the PDOD zone district except those uses listed in paragraphs 4.28(C)(1—9) of this Code, and uses that are not listed as permitted uses in any zone district of the City.

(D) Land Use Standards. Development in the PDOD shall comply with the following:

(1) Divisions 3.3 and 3.7 through 3.11 of Article 3 of this Code in their entirety;

(2) The "General Standards" of all Sections in Divisions 3.2 and 3.4 through 3.6;

(3) Section 3.4.1, Natural Habitat and Features in its entirety;

(4) Section 3.4.7, Historic and Cultural Resources in its entirety;

(5) Section 3.6.2, Streets, Streetscapes, Alleys and Easements in its entirety; and

(6) Any development in the PDOD must also score at least sixty (60) points from at least four (4) categories as established on the PDOD performance matrix (Figure 23).


Figure 23
Application of the Planned Development Overlay District (PDOD)
Performance Matrix *

The following provides clarification as to the way in which projects will be evaluated under the Planned Development Overlay District Performance Matrix and provides more detailed definitions for the performance criteria contained in the matrix.

The performance criteria established in this performance matrix are not intended to supersede any requirements established in other documents governing public rights-of-way such as the Municipal Code, Larimer County Urban Area Street Standards, and the City's Streetscape Design Standards and Guidelines. Any proposal to implement performance criteria within public rights-of-way is subject to additional review under the criteria previously established within the appropriate other documents.

Performance Matrix Evaluation

An applicant may choose which of the performance criteria to incorporate within the development project and will be assigned a score. A minimum of 60 points must be obtained from at least 4 of the 7 performance categories in order for the development project to be approved.

An applicant may receive a score of 0, 2 or 4 if a particular criterion has been established in the matrix as being of significant value to the City. The numerical score is assigned based upon the following:

0    Failure to implement the criterion.

2    Minimal implementation and/or quality of the criterion given the constraints and opportunities of the site.

4    Standard implementation and/or quality of the criterion given the constraints and opportunities of the site.

An applicant may receive a score of 0, 1 or 2 if a particular criterion has been established in the matrix as being of lesser value to the City. The numerical score is assigned based upon the following:

0    Failure to implement the criterion.

1    Minimal implementation and/or quality of the criterion given the constraints and opportunities of the site.

2    Standard implementation and/or quality of the criterion given the constraints and opportunities of the site.

Some of the criteria are worded such that they will either be implemented or not. Therefore, there are no degrees of implementation for these criteria. Depending upon the value of the criterion to the City, the numerical score is assigned based upon the following:

0    Failure to implement the criterion.

1/2/4    Implementation of the criterion given the constraints and opportunities of the site.

Applicant Innovation or Outstanding Performance

Within each performance category is a criterion that is intentionally left blank and can be completed by the applicant. The purpose of this criterion is to encourage innovative techniques not otherwise identified within the performance matrix. An applicant must clearly describe the proposed technique and how it will promote established City policies relevant to the particular category. Furthermore, an applicant may receive points for performing exceedingly well in a particular category. There is no limit to the number of "applicant innovations" within each category. The numerical score for an innovation or outstanding performance is assigned based upon the following:

0    Failure to implement the criterion.

2    Minimal implementation and/or quality of the criterion given the constraints and opportunities of the site.

4    Standard implementation and/or quality of the criterion given the constraints and opportunities of the site.

8    Maximum implementation and/or outstanding performance in the category given the constraints and opportunities of the site.

Definitions:

Environmental Health

3.5    See paragraph 3.2(E)(3) of this Code that details the considerations associated with waterwise or xeriscape landscaping.

3.15    See the Code definitions in Article 5: Tree, significant shall mean any tree with a DBH of 6 inches or more. Subsection 3.2.1(F) describes in detail what a significant tree is within the City.

Economic Health

2.2 & 2.3    Primary job shall mean a job that derives 50% or more of its income and purchases outside of the City and sells 50% or more of its products or services outside of the City.

2.8    Underdeveloped or underutilized shall mean a parcel/lot with less than 25% of its total land area developed or utilized.

Culture, Parks and Recreation

1.4    Natural play area shall mean a natural playground, natural playscape, green playground or natural play environment that is an area where children can play with natural elements such as sand, water and wood. Natural play areas must be designed for active play and preferably by a landscape architect.

Safety and Wellness

7.7    Floatable material shall mean any material that is not secured in place or completely enclosed in a structure, so that it could float off site during the occurrence of a flood and potentially cause harm to downstream property owners, or that could cause blockage of a culvert, bridge or other drainage facility. This includes, without limitation, lumber, vehicles, boats, equipment, trash dumpsters, tires, drums or other containers, pieces of metal, plastic or any other item or material likely to float. Floatable material shall not include motor vehicles parked temporarily on property for the purpose of customer or employee parking or a business's temporary outdoor display of inventory during its usual hours of operation.

7.8    Fill shall mean a deposit of materials of any kind placed by artificial means.

7.9    Dryland access shall mean a gravel, paved or concrete access route that connects a structure to a dry public street that is constructed above the base flood elevation and that is of sufficient width to accommodate both emergency vehicles and other emergency access during evacuation of the site, considering the estimated number of people using the site and the expected mode (car, walking) of evacuation.

Applicant must score 60 points at minimum from at least 4 categories.
* Definitions are available in the Appendix.

Item Description
Points
Culture, Parks, Recreation
1.1 "Incorporates art, sculpture or fountains viewable to the public."
0
1
2
1.2"Designates the site, structure(s) or object(s) determined to be individually eligible as a local landmark designation or for individual listing in the State or National Register of Historic Places"
0
2
4
1.3"Provides a plaza, pedestrian mall, public square, park or other similar public open space within the project."
0
2
4
1.4"Rather than creating play spaces dominated by turf/sod grasses, incorporates natural play opportunities into the site. *"
0
2
4
1.5Site is located within ¼ mile of an existing (4 points) or planned (2 points) bike or other recreational trail and provides a pedestrian/bike connection to the trail.
0
2
4
1.6"If the site/building is eligible for local landmark designation, participate in a complementary design review with the Landmark Preservation Commission, and incorporate feedback into the design."
0
2
4
1.7"If the site/building is eligible for local landmark designation, participate in the Design Assistance Program administered through the Historic Preservation Department, and incorporate feedback into the design."
0
2
4
1.8"Demonstrates innovation or outstanding performance to promote the City's culture, parks and recreation policies."
0
2
4
8
Economic Health
2.1"Creates or retains at least one locally owned business, meaning a business enterprise (sole proprietorship, partnership, limited liability company, corporation or other similar business entity) with headquarters located within a 40-mile radius from the City's Growth Management boundary."
0
1
2
2.2Retains existing primary jobs. *
0
2
2.3Creates at least 5 new primary jobs. *
0
2
4
2.4"At least one business created or retained by the project is associated with one of the City's established Targeted Industry Clusters (Bioscience, Water, Clean Energy, Software/Hardware, Uniquely Fort Collins)."
0
1
2
2.5At least 10% of residential units are affordable to households earning between 60%—80% percent of Area Median Income (AMI).
0
1
2
2.6At least 10% of residential units are affordable to households earning less than 60% of Area Median Income (AMI).
0
2
4
2.7"Employs at least one local contractor for design/construction/deconstruction work, meaning a City-licensed contractor with headquarters located within a 40-mile radius from the City's Growth Management boundary."
0
1
2
2.8"Site is undeveloped, underdeveloped and/or underutilized. *"0 2 
2.9Site is located within the boundary of an Urban Renewal Plan Area or the Downtown Development Authority.0 2 
2.10 Locates site within ¼ mile of an existing (4 points) or funded (2 points) Bus Rapid Transit (BRT) stop along the Mason Corridor.0 24
2.11Assembles 2 or more lots/parcels.0 24
2.12Demonstrates innovation or outstanding performance in promoting the City's economic health policies.0248
Environmental Health
3.1Designs and builds at least one principal building to be eligible for LEED certification.0 24
3.2Designs and builds all buildings to exceed the City's Building Energy Code by at least 10%.0 24
3.3Uses runoff from small rainfall events (total rainfall of .5 inches or less) for landscape irrigation and/or onsite infiltration to exceed minimum standards in the City's Stormwater Criteria Manual. Exceeds minimum standards by 25% (2 points); exceeds minimum standards by 50% (4 points).0 24
3.4Uses paving materials with a Solar Reflective Index (SRI) of at least 29.012 
3.5Uses at least fifty 50% waterwise landscaping materials. *012 
3.6Uses native plants for landscaping as defined in the Fort Collins Native Plants guide.012 
3.7"In mixed-use and nonresidential developments, includes recycle containers adjacent to other waste collection receptacles in areas accessible to the public."012 
3.8"Implements a three-bin waste system by providing space for trash, recycling and composting accessible to residents and/or tenants."0 2 
3.9"Restores preexisting, degraded natural resources area on or adjacent to the site, e.g., wetlands, native grasslands, riparian forests, streams."0 24
3.10 "If the site is contiguous with a natural area or natural habitat or feature, creates internally contiguous habitat opportunities on a minimum of 10% greater than the requirements specified in Section 3.4.1."012 
3.11"Designs and incorporates on-site renewable energy for at least 5% of total energy generation using technologies such as solar, wind, geothermal or biomass."0 24
3.12"Designs and builds at least one building so that it will readily accommodate the installation of solar photovoltaic panels or solar thermal hot water heating devices, including all necessary conduit, chases, roof penetrations, roof pitch and orientation. For projects with multiple buildings, designs and builds at least 20% to be solar ready as described."012 
3.13"Uses any combination of solar reflective index (SRI) compliant and vegetated roofing materials, provided they collectively cover at least 75% of the total project roof area."0 24
3.14"Specifies and installs high efficiency equipment such as water heaters, appliances, furnaces or air conditioning units in any newly constructed or renovated buildings."0 2 
3.15"Protects valuable features including creeks, significant trees and wetlands and, to the maximum extent feasible, integrates such features into the overall design of the site as shared amenities. *"012 
3.16Provides space and equipment for shared trash/recycling/composting activities and coordinates with adjacent property owners to establish service sharing for waste removal.0 24
3.17Reuses deconstructed materials in the construction of new buildings and/or other site features.0 24
3.18"Provides and retrofits water quality treatment beyond minimum requirements established in the City's Stormwater Criteria Manual, including treatment for the original developed site, the redeveloped portion and any newly developed area."012 
3.19Detains off-site runoff (identify source and provide adequate volume of storage) beyond minimum requirements established in the City's Stormwater Criteria Manual.012 
3.20 Coordinates with adjacent property owners to share water quality and detention systems and/or facilities.0 24
3.21Provides on-site composting system(s) to process the site's organic waste.012 
3.22"Develops and implements a long-term vegetation management plan that ensures proper training for staff, addresses weed management and native plant establishment and provides a funding mechanism to address problems when they occur."0  4
3.23Demonstrates innovation or outstanding performance in promoting the City's environmental health policies.0248
High Performing Community
4.1"Implements citizen engagement best practices throughout their development review process, such as an extra neighborhood meeting, design-charrette with neighbors or interactive project blog. Provides the City with a written assessment of the needs and concerns of the adjacent area and indicates how those needs and concerns are being addressed by the project design."0  4
4.2The business(es) occupying the development is (1 point) or will become (2 points) a City of Fort Collins Climate Wise partner.012 
4.3Participates in the City's Integrated Design Assistance Program (IDAP) administered through the Utilities Department using the Prescriptive Approach.0 2 
4.4Participates in the City's Integrated Design Assistance Program (IDAP) administered through the Utilities Department using the Whole Building Approach.0  4
4.5"Utilizes alternative dispute resolution processes (e.g., mediation) to engage surrounding neighbors in the project design process and provides the City with a written assessment of the identified concerns and addresses how those are being addressed by the project."0  4
4.6Demonstrates innovation or outstanding performance to promote the City's high performing community policies.0248
Livability
5.1Includes 2 or more use types. No one use shall amount to less than 10% or more than 80% of the total development gross floor area. Individual phases of projects may have a lesser mix if the applicant provides assurances acceptable to the City that later phases will produce the required overall mix.0 24
5.2"Locates any residential component of the project within ½ mile of at least 4 of the following community facilities: school, library, childcare or daycare, health care facilities, community centers, family and human services, community assembly use, park, recreation facility, public safety, public buildings."0 2 
5.3Adapts or reuses at least one existing nonaccessory building on the site.0 24
5.4Incorporates a mix of 2 or more uses vertically.0  4
5.5"Uses natural stone, synthetic stone, brick and/or concrete masonry units (solely or in combination) to cover the first floor elevation on exterior buildings that are visible to the public."012 
5.6"Adapts and incorporates prominent or distinctive design elements from neighboring structures; e.g., rooflines, recesses, projections."012 
5.7Designs the first floor of mixed-use building(s) so it can accommodate commercial/retail and residential uses.0 2 
5.8"Includes neighborhood-serving retail in the project; e.g., grocery store, dry cleaner."012 
5.9Demonstrates innovation or outstanding performance in promoting the City's community and neighborhood livability policies.0248
Transportation
6.1Site is located within ¼ mile of an existing (4 points) or planned (2 points) transit stop.0 24
6.2Provides or enhances an existing pedestrian connection from the site to an existing or funded transit stop.0 24
6.3"Provides at least one preferred parking space for carpool, shared-use and/or other alternatively fueled vehicles along street-like private drives and/or parking lots for every 25 parking spaces."012 
6.4Uses street-like private drives for internal roadway connections where connections are not necessary to be public streets.012 
6.5Establishes pedestrian and bicycle Level of Service (LOS) A as defined in the Fort Collins Multimodal Transportation Level of Service Manual.012 
6.6"Provides at least one charging station (""plug-in"") along street-like private drives and/or parking lots for electric/hybrid vehicles."0 24
6.7Provides secured and covered bicycle storage spaces for residents or employees.0 24
6.8Provides or enhances an existing public area and/or facility on site for awaiting transit passengers.012 
6.9Provides bicycle parking spaces greater than 10% of the requirements specified in Section 3.2.2.0 24
6.10 Provides structured or below-ground parking (reduced parking footprint).0 24
6.11Provides employees with at least one shower per gender onsite for every 30 bicycle parking spaces.0 24
6.12Devotes less than 25% of site to surface parking.012 
6.13Site is located within ¼ mile of a vehicle share station (auto and/or bike share).0 24
6.14Coordinates with adjacent property owners to provide shared auto parking facilities for the development.0 24
6.15Demonstrates innovation or outstanding performance in promoting the City's transportation policies.0248
Safety and Wellness
7.1"Provides at least 20% of the total landscaping with plants that are edible or produce edible material; e.g., fruit or nut-bearing trees."012 
7.2Provides managed open space for a community garden or composting activity with fencing and/or irrigation as needed.0 24
7.3Installs fire sprinkler systems in all single-family residential units.0  4
7.4"Provides an emergency evacuation plan which identifies important safety features of all buildings, such as exit routes and internal shelter locations (in case of tornados), safety equipment, such as fire escape ladders or extinguishers, and locations of shutoffs for gas, water and electricity."0 2 
7.5Locates development outside of the flood fringe.0  4
7.6"If the site is adjacent to a culvert or bridge, relocates buildings and/or raises the elevation of the lowest floor (including basement and crawl space) to minimize flood damage should the culvert or bridge become blocked by debris during a 100-year flood."0 24
7.7Refrains from putting floatable materials on a site in the floodplain fringe of any FEMA or City floodplain. *0 24
7.8Does not put fill in the 100-year flood fringe. *0  4
7.9Provides dryland access for 100-year flood. *0 24
7.10 Demonstrates innovation or outstanding performance in promoting the City's safety and wellness policies.0248

(Ord. No. 024, 2013 §§5, 6, 2/26/13; Ord. No. 115, 2013 §§1, 2, 9/3/13; Ord. No. 116, 2014 §§1, 2, 9/16/14)


* Editor's Note– —Applies only to north-facing building walls adjoining a property to the north for building construction that results in a two-story house where a one-story house previously existed, or when the construction is for a new house that is greater than two thousand five hundred (2,500) square feet, or for an addition that results in a total square footage of more than three thousand (3,000) square feet, and where there is a lot abutting the north side of the subject lot and the house on such abutting lot is one (1) story.

* Editor's Note– —Applies only to north-facing building walls adjoining a property to the north for building construction that results in a two-story house where a one-story house previously existed, or when the construction is for a new house that is greater than two thousand five hundred (2,500) square feet, or for an addition that results in a total square footage of more than three thousand (3,000) square feet, and where there is a lot abutting the north side of the subject lot and the house on such abutting lot is one (1) story.

* Editor's Note– In accordance with Ordinance 024, 2013, Section 6, adopted 2/26/13, Division 4.29 shall expire and be of no further force and effect at the close of business on September 9, 2013, unless extended by ordinance of the City Council. In accordance with Ordinance 115, 2013, Section 2, adopted 9/03/13, Division 4.29 shall expire and be of no further force and effect at the close of business on September 9, 2014, unless extended by ordinance of the City Council. In accordance with Ordinance 116, 2014, Section 1, adopted 9/16/14, Division 4.29 shall expire and be no further force and effect at the close of business on September 9, 2015, unless extended by ordinance of the City Council.